SafeSky Terms & Conditions

1. Disclaimer

Before you use the Services you must read the statements below. By starting to use the Platform, you agree with the following.

This is a non-certified i-conspicuity service that results from information provided by a non-structured community of pilots and ground stations. SafeSky can in no way guarantee the accuracy or comprehensiveness of the data, nor permanent data transmission, while you use the Services.

The sole purpose of the Services is to remind you of your duty to apply the principle of “See and Avoid”: to look out at all times when flying. It must never be used in IMC flight.

SafeSky cannot in any way be held liable for any damages arising from the use of the Services.

The following important features are highlighted here for your convenience only. They are not made in lieu of the full Terms, and their presence here does not mean they are intended to supersede or override any other terms or conditions provided by SafeSky.

ATC and official information prevail. The information provided by the Services is not intended to replace the information provided in the sky, such as travel direction, time-based restrictions, police instructions, etc.

The information provided by SafeSky originates from other users of the Services and from third parties. Such information is intrinsically fluctuant and may be inaccurate, incomplete, or outdated. SafeSky provides no warranties as to its credibility or reliability.

Location-based Services. Some features of the Services make use of detailed location and route information, for example GPS signals and other information sent by the device on which you use the Platform. These features cannot be provided without using this technology.

The internet connection required to use the Services, and any associated charges incurred by your use of the Services, are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Services requires an online connection between your device and the internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider, and according to its applicable terms of payment.

2. Access and accounts

You may access the live map of the Platform as a guest, without an account, after accepting these Terms.

Certain features — including operational Monitoring Mode — require you to create an account using an email address or a supported single sign-on provider. SafeSky links the information associated with such features to your account and to a unique identifier generated by SafeSky.

3. Rights and obligations

You may use the Services solely for private and personal purposes. You may not use the Services commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Services; (ii) resell the Services; (iii) offer to rent or lease the Services; or (iv) offer the Services to the public or integrate them within a service of your own, without the prior written consent of SafeSky. For clarity, these examples are illustrative only and do not constitute an exhaustive list of restricted activities.

You may not copy, print, save, or otherwise use data from the Services’ database. This clause does not limit the use of the database as intended by the Services and for the purposes of private and personal use of the Services.

When using the Services or the Platform you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, or indexing. You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform or the Services’ database for any purpose without the express prior written permission of SafeSky.

The Services may not be used in any way that is not expressly permitted by these Terms.

The Services contain components that enable and facilitate the use of certain internet-based Services. You acknowledge and agree that SafeSky may notify you of important information related to your use of the Services.

4. Use restrictions

There are certain types of conduct that are strictly prohibited on the Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result, at SafeSky’s sole discretion, in the termination of your access to the Services and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person: transmit or otherwise make available in connection with the Services and/or Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.

You may not interfere with or disrupt the operation of the Services and/or Platform, or the servers or networks that host or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.

You may not transfer or assign your account password, even temporarily, to a third party; use the Services and/or Platform for any illegal, immoral, or unauthorized purpose; use the Services or the Content for non-personal or commercial purposes without SafeSky’s express prior written consent; or infringe or violate any of these Terms.

When you submit Content to be published on the Services, SafeSky may examine the Content before or after its publication, prevent publication of inappropriate, inadequate, or erroneous Content, or remove such Content after its publication. SafeSky does not normally utilize its right to monitor Content and does so only in rare cases.

SafeSky retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Services, its design, and any other matter pertaining to the publication of Content within the Services. SafeSky does not guarantee that all Content will be published, in general or for any limited time.

Content submitted by users for publication does not reflect the views of SafeSky. Publishing Content does not warrant its validity, reliability, accuracy, legality, or it being up to date.

5. Rights and ownership reserved

SafeSky reserves all rights not expressly granted to you. The Services are protected by copyright and other intellectual property laws and treaties. SafeSky retains all title, interest, copyright, and other intellectual property rights in the Services. The Services are licensed, not sold. Any configuration or deployment of the Services shall not affect or diminish SafeSky’s rights, title, and interest in and to the Services. If you provide data or suggest any new features, functionality, or performance for the Services that SafeSky subsequently incorporates into the Services, such new features, functionality, performance, and data shall be the sole and exclusive property of SafeSky.

Intellectual property rights in and to the Services and their database — including copyrights, trademarks, industrial designs, patents, and trade secrets — are either the exclusive property of SafeSky or its affiliates or are exclusively licensed to SafeSky. The Services are protected, among others, by Belgian copyright law as well as by applicable copyright provisions prescribed by any other law, in Belgium and elsewhere.

“SafeSky”, the SafeSky logo, and other trade and/or service marks are the property of SafeSky or its affiliates, and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of SafeSky.

The design, trade dress, and the “look and feel” of the maps of the Platform and the Services are protected works under applicable copyright laws, and SafeSky and its affiliates retain all intellectual property rights in them. The license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Services or any mark, indicator, logo, or notation embedded in those maps. You may not copy or print more than one copy of any data or material appearing on the Platform.

SafeSky may protect the Services by technological means intended to prevent unauthorized use. You undertake not to circumvent these means. Without derogating from SafeSky’s rights under these Terms or under any applicable law, any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by SafeSky to protect the Services from unauthorized use, you must immediately cease any and all use of the Services, and you undertake to do so.

The Services may not be sold, leased, assigned, or otherwise transferred in whole or in part for value. You may not extract, disseminate, or sell any data comprised in the Services or provided by SafeSky for use with any other software.

You may not: rent, lease, lend, or provide commercial hosting services; reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without SafeSky’s prior written consent; defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights and other intellectual property rights; sell, license, or exploit for any commercial purpose any use of or access to the Content and/or the Services and/or Platform; frame or mirror any part of the Services and/or Platform without SafeSky’s prior express written authorization; create a database by systematically downloading and storing all or any of the Content from the Services; or forward any data generated from the Services and/or Platform without the prior written consent of SafeSky.

You shall not remove any copyright, trademark, or other proprietary notices from the Services.

The Services contain trade secrets and proprietary know-how that belong to SafeSky and are made available to you in strict confidence. Any use or disclosure of the Services, or of their algorithms, protocols, or interfaces, other than in strict accordance with this license Agreement, may be actionable as a violation of SafeSky’s trade secret rights.

6. Third-party internet services

The Services may connect to third-party internet services through their use. These third-party services are not under the control of SafeSky, and SafeSky is not responsible for the contents of any third-party services or any changes or updates to them. SafeSky provides these connections to you only as a convenience, and the inclusion of any connection does not imply an endorsement by SafeSky of the third-party site.

7. Liability and warranty limitation

SafeSky provides the Services and the Content included therein on an “as is” and “as available” basis. They cannot be customized to fulfill the needs of each and every user. We hereby disclaim all warranties and representations, either express or implied, with respect to the Services, including, without limitation, any warranties of merchantability and fitness for a particular purpose, features, quality, non-infringement, title, compatibility, performance, security, or accuracy.

SafeSky disclaims any warranties relating to the accuracy of the maps, content, traffic, weather, or flight conditions presented or displayed in or by the Services. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.

You agree and acknowledge that you assume full, exclusive, and sole responsibility for the use of and reliance on the Services, and you further agree and acknowledge that your use of or reliance on the Services is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Services.

The information provided by the Services is not intended to replace the information provided by ATC. If ATC instructs differently than the Services, you must not rely on the Services.

SafeSky exerts efforts to provide you with a high-quality and satisfactory service. However, we do not warrant that the Services will operate in an uninterrupted or error-free manner, or that they will always be available or free from all harmful components, or that they are safe, secured from unauthorized access to SafeSky’s computers, immune from damages, or free of malfunctions, bugs, or failures, including but not limited to hardware failures, software failures, and software communication failures, originating either in SafeSky or any of its providers.

SafeSky, including its officers, directors, shareholders, employees, sub-contractors, and agents, will not be liable for any direct, indirect, incidental, or consequential damage, or any other damage and loss (including loss of profit and loss of data), costs, expenses, and payments, whether in tort, contractual, or in any other form of liability, arising from or in connection with the use of, or the inability to use, the Services, or from any failure, error, or breakdown in the function of the Services, or from any fault or error made by our staff or anyone acting on its behalf, or from your reliance on the Content of the Services, including, without limitation, Content originating from third parties, or from any communication with the Services or with other users on or through the Services, or from any denial or cancellation of your user account, or from retention, deletion, disclosure, and any other use or loss of your Content on the Services. In any event, your sole remedy will be limited to correcting such errors or malfunctions, in light of the relevant circumstances.

8. End of Agreement

You may terminate your use of the Services at any time and for whatever reason. You are not obligated to advise SafeSky of such termination.

SafeSky retains the right to block your access to the Services and discontinue your use of the Services at any time and for any reason SafeSky deems appropriate, at its sole and absolute discretion.

Without prejudice to any other rights, SafeSky may terminate your use of the Services if you fail to comply with the Terms and Conditions of this Agreement.

9. Governing law

These Terms and all matters arising out of or relating to them shall be governed exclusively by Belgian law, and the parties submit irrevocably to the exclusive jurisdiction of the courts of Brussels.