Version 1.0, last updated 11 November 2019
1. These terms
1.1 What these terms cover . These are the terms and conditions on which we make the Service available to you, and on which you may use the Service.
1.2 Why you should read them . Please read these terms carefully before using the Service or making any purchase. These terms tell you who we are, how we will make the Service available to you, how we may change the Service and these terms, how we each may end this Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
1.3 In particular you should read and understand the usage restrictions (clause 6 ), disclaimers (clause 7 ), and limits and exclusions of our liability to you (clauses 16 to 17 ).
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual AND you are receiving the Service from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). Otherwise you are a business.
1.5 If you are a business customer this is our entire agreement with you . If you are a business customer these terms together with the Privacy Notice constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
Acceptable Use Policy: the terms set out under the heading at clause 20.
Affiliate Companies: Thales and its subsidiaries, holding companies, and subsidiaries of any holding companies, each as defined in the UK Companies Act 2006.
Agreement: these terms.
In-App Purchases: additional capability, functionality or features described as being available on our website from time to time and may result in a specific payment.
Market Countries: the countries listed in Appendix A which may be updated from time to time.
Restricted Countries: (a) Cuba, Democratic Republic of Congo, Iran, North Korea, Sudan, South Sudan, Russia, Somalia, Syria, Ukraine, and Zimbabwe; and (b) any other country or territory which is subject to UK, EU, UN or USA sanctions that would apply to the Service.
Service : a supply of digital services, comprising the Standard Service and any In-App Purchases you have purchased or for which you have a valid paid Subscription, including the site on which they are hosted.
Standard Service: the part of the Service that is made generally available free of charge.
Subscription: an ongoing subscription for one or more In-App Purchases, which may be monthly or annually, or for some other period, as shown on our website from time to time.
VAT: value added tax, goods and services tax, or similar sales tax.
2. Information about us and how to contact us
2.1 Who we are . We are Thales UK Limited ("Thales", " we", "us") a company registered in England and Wales. Our company registration number is 868273 and our registered office and trading address is at 350 Longwater Avenue, Green Park, Reading RG2 6GF, United Kingdom. Our registered VAT number is GB198 9556 80.
2.2 How to contact us . You can contact us through the relevant link in the Service, by email at email@example.com or by writing to us at ScaleFlyt, Thales UK, Manor Royal, Crawley RH10 9HA, United Kingdom. Our telephone number is shown in the Privacy Notice.
2.3 How we may contact you . If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails . When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.2 Purchases. Purchases for In-App Purchases and Subscriptions come into effect when you place a valid order and we send a confirmation.
3.3 Business counterparty. Where a business name or VAT number is validly entered in relation to an order that purchase shall constitute a contract, on the terms of this Agreement, between us and the relevant business which may be in addition to any pre-existing or other contract between us and an individual user connected with that business.
4. Registration and your account
4.1 You represent and warrant to us:
(a) that you are legally capable of entering contracts;
(b) if you are entering into this Agreement on behalf of a company or other entity, that have legal authority to act on behalf of and bind that entity;
(c) that the home country, address, and any billing information which you have provided are true and accurate;
(d) if you make any purchase, that you are authorised to use any VAT (or equivalent) number you have provided;
(e) if you are an individual, that you are at least 16 (or if outside Europe, 13) and/or satisfy the minimum legal age in your country of residence and the country of any planned flight to operate unmanned aerial vehicles and to enter into a contract with us;
(f) that you are not ordinarily resident in, and will not access or use the Service from, a Restricted Country;
(g) that you are not a Cuban national;
(h) that you (by any name) are not on any list of persons and entities subject to any export control restrictions or sanctions maintained by any government or authority, that you do not represent any such person or entity, and that no such person or entity is indirectly involved in or would benefit from your use of the Service;
(i) if you make any purchase, that you are not restricted from doing so by any applicable sanction or export restriction; and
(j) that you are not acting, and will not act, on behalf of any military or para-military organisation and will not use the Service for any military or para-military purpose.
4.2 Only one account per person email address is permitted.
4.3 In-App Purchases and Subscriptions are directed only to registered customers with a billing address in a Market Country.
4.4 The Service is not available to anyone located in or ordinarily resident in any Restricted Country.
4.5 If any of these warranties and representations is untrue or inaccurate you indemnify us in accordance with clause 8. We may also cancel any or all Subscriptions and/or end this Agreement (ie. delete your account) in accordance with clause 11.
4.6 The Service requires Google Chrome.
5. Our rights to make changes
5.1 Changes to the Service . We may change, discontinue or suspend all or any part of the Service without notice. Where we do this in respect of an In-App Purchase for which you have a paid-for Subscription, you may have a right to cancel and part-refund in accordance with clause 10.
5.2 Changes to these terms. We may change these terms and/or the Privacy Notice at any time by posting the revised version to our website or otherwise communicating to you. Where the change reduces the benefit you would receive from the Service, you may then contact us to cancel any affected Subscription or end this Agreement (ie. delete your account) before the changes take effect and receive a refund for any remaining part of a cancelled Subscription.
6. Use Restrictions
6.1 The Service is for non-military, civil and commercial use only.
6.2 You must abide by all applicable law and regulations including but not limited to those concerning export controls or the prevention of risks of corruption and influence peddling and in particular French law n° 2016-1691 of 9 December 2016 relating to transparency fight against corruption and modernization of the economy ("Sapin II Law").
6.3 You must not use the Service to plan or conduct any beyond visual line-of-sight (BVLOS) flights.
6.4 You must not use the Service to plan or conduct any flights in any territory which is an active conflict zone or where civilian UAS/drone operation is not permitted by law.
6.5 You must not plan or conduct flights in any restricted airspace, for example (but not limited to) near an airport, prison, or military facility, without all required permissions.
6.6 You must not use the Service in such a way as to risk death, personal injury, or environmental or property damage.
6.7 Except to the extent caused by our breach of this Agreement (a) you are responsible for all use of your account regardless of whether or not actually by or authorised by you, and (b) we are not responsible for unauthorised access. You agree not to share your account or password with any other person.
6.8 If you do not comply with this clause 6 you indemnify us in accordance with clause 8. We may also cancel any or all Subscriptions and/or In-App Purchases, and/or end this Agreement (ie. delete your account) in accordance with clause 11, and/or restrict the Service in accordance with clause 20.
7.1 The information advisory part of the Service consists of aggregating data from third party providers, including maps, weather, and other circumstances relevant to aerial operations. We do not warrant, and we accept no responsibility or liability for checking or validating, the accuracy or integrity or completeness of the data.
7.2 The data are intended to help supplement, and not to replace, your normal flight planning due diligence as a pilot. Safe operation of your aircraft is ultimately your responsibility and no element of the Service should be relied upon or otherwise treated as aeronautical navigation data. Data must not be transferred to any flight computer, or used for air traffic control or other safety critical applications.
7.3 You recognise that you remain fully responsible for the safe and diligent piloting of any aircraft under your control at all times. It is your responsibility to verify and take into account the actual weather conditions, environmental factors and other situational awareness considerations before conducting any flight. You acknowledge that there may be man-made or natural obstacles that are not visible on maps. Data provided by the Service is for indicative guidance only and is not a substitute for visual observation and situational awareness of actual conditions at the time of flight.
7.4 Notices to Airmen (NOTAMs) may be issued or revised in the period between planning and executing a flight. Always check with the relevant aviation authorities for formal confirmation of NOTAMs information if you are in any doubt.
7.5 You understand and agree that you must obtain all relevant permissions and authorisations to fly in the area you have planned to and that you must comply with all applicable local regulations and legislation. The Service does not grant or constitute flight approval.
7.6 The Service is made available on the basis that users in a group are already known to each other. We do not make introductions between users or in any way act as agent, intermediary, or otherwise on their behalf.
7.7 If you are a consumer, nothing in this Agreement shall exclude the statutory term in relation to the Service being provided with reasonable care and skill. You acknowledge that this shall be interpreted in context, in particular the scope and limits of the Service as described in this clause 7 and, in respect of the Standard Service, that it is free of charge.
7.8 If you are a business all implied warranties and other terms are excluded in accordance with clause 1.5.
7.9 We shall not in any way be held liable for any breach of our obligations that is attributable to you. We will also not be liable for any breach attributable to an unforeseeable and insurmountable event of a third party.
8. Customer indemnity
8.1 You indemnify and hold harmless us and our Affiliate Companies from and against any and all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us or our Affiliate Companies arising out of or in connection with:
(a) your use or mis-use of the Service;
(b) your breach of any provision of this Agreement including without limitation the Acceptable Use Policy, the warranties at clause 4 and 18.2, and the restrictions in clause 6;
(c) your negligence; and/or
(d) fraudulent conduct.
9. Providing the Service
9.1 When we will make the Service available . We will use reasonable endeavours to make the Service always available subject to any planned downtime and to any suspension or interruption as described in this clause 9.
9.2 Reasons we may suspend/interrupt the Service . Other than as a result of a breach or suspected breach of our Acceptable Use Policy (dealt with separately under clause 20), we may have to suspend the Service (or part of the Service):
(a) to deal with technical problems or make technical changes;
(b) to maintain the Service or the systems it relies upon;
(c) to update the Service to reflect changes in relevant laws and regulatory requirements;
(d) to make changes to the Service as requested by you or notified by us to you (see clause 5); and/or
(e) for reasons outside of our control (for example, but not limited to, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centres, including at your site or between your site and our data centre).
9.3 Your rights if we suspend the Service . We will contact you to tell you we will be suspending the Service, unless the problem is urgent or an emergency or a reason outside our control. If we have to suspend the Service for longer than seven (7) days in a row, or for more than 168 non-continuous hours in any 28-day period and if you have a Subscription, we will on request apply a credit against your next invoice for an amount proportionate to the part of the price of your affected Subscription and the suspension period, but no more than the total amount paid for the Subscription. If you choose not to renew your subscription the amount will refunded to the original method of payment for your Subscription.
9.4 Where another user pays for an In-App Purchase or Subscription on their account and you receive the benefit, you have no rights in relation to that In-App Purchase or Subscription.
10. Your rights to cancel a purchase or delete your account
10.1 Cancelling a purchase . Your rights when you cancel a purchase will depend on why and when you decide to cancel:
(a) If what you have bought is defective or mis-described you may have a legal right to cancel (or other remedies), see clause 13 if you are a consumer and clause 14 below if you are a business.
(b) If you want to cancel because of something we have done or have told you we are going to do, see clause 10.2.
(c) If you have just changed your mind, see clause 10.3. You may be able to get a refund if you are within the 14-day cooling-off period, and have not started to use a non-recurring In-App Purchase, but this may be subject to deductions.
(d) In all other cases (if we are not at fault and you are not exercising your right to change your mind), see clause 10.5.
10.2 Cancelling because of something we have done or are going to do . If you are cancelling for a reason set out at (a) to (d) below the Subscription or In-App Purchase will end immediately and we will refund you in full for the unexpired part of the Subscription or unused part of the In-App Purchase . The reasons are:
(a) we have told you about an upcoming change to the Service or these terms which you do not agree to (see clause 5);
(b) we have told you about an error in the price or description of the In-App Purchase or Subscription you have purchased and you do not wish to proceed to use the Service;
(c) we have suspended the entire Service or a substantial part of the Service for technical or reasons of events outside our control, or notify you we are going to suspend it for technical reasons, in each case for a period of more than stated in clause 9.3; or
(d) you have a legal right to cancel because of something we have done wrong.
10.3 Changing your mind . If you are a consumer then you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights are explained in more detail in clauses 10.4 and 10.5 of these terms. These terms extend similar rights to business customers. You can tell us that you've changed your mind through the "contact us" link within the Service or by using the withdrawal form attached to the Agreement (Appendix B) and that you address to ScaleFlyt, Thales UK, Royal Manor, Crawley RH10 9HA.
10.4 How long do you have to change your mind? You have fourteen (14) days after the day we email you to confirm we accept your purchase.
10.5 Losing the right to change your mind. When purchasing you request that the In-App Purchase or Subscription start immediately. Where an In-App Purchase is made available for a non-recurring payment, rather than as part of a Subscription, you agree the service is performed when the In-App Purchase is made available for you to use. You agree that if within the 14-day period you start to use the In-App Purchase, for example by using a flight or mission in a bundle, you will at that point lose your right to change your mind.
10.6 Cancelling a Subscription where we are not at fault and there is no right to change your mind . Even if we are not at fault and the 14-day cooling-off period has expired (see clause 10.1), you can still cancel renewal of a Subscription. Just select the option to cancel on the Purchase History pages. Provided you cancel before the expiry date, the Subscription will be cancelled on that date and will not renew.
10.7 Deleting your account . To delete your account, please let us know by contacting us through the "contact us" link within the Service. Upon account deletion you will no longer have access and any Subscriptions and In-App Purchases will cease. This will be without refund unless you were already entitled to a refund under these terms. If you are entitled to a refund, your refund will be processed as soon as possible, but in any case no later than 14 days from your cancellation request.
10.8 How we will refund you . If you are entitled to a refund under these terms we will refund you the price you paid for the relevant In-App Purchase or Subscription, by the same method you used for payment. However, we may make deductions, as described below. For the avoidance of doubt, no refund shall be greater than the amount you have paid for the relevant In-App Purchase or Subscription.
10.9 When we may make deduction from refunds if you are exercising your right to change your mind . If you are exercising your right to change your mind we may deduct, in accordance with clause 10.5, from any refund a proportionate amount for the period from purchase confirmation until the time when you told us you had changed your mind or cancelled.
10.10 When your refund will be made . We will make any refunds due to you as soon as possible, and in any event within 14 days of your telling us you have changed your mind or cancelled.
10.11 Fair use. If you have previously purchaseda Subscription or In-App Purchase then changed your mind and received a refund, we reserve the right not to accept subsequent orders in relation to the same or different Subscription or In-App Purchases.
10.12 If you live in France, cancellation rights in this clause 10 do not exclude any other rights to which you may be entitled, including any right to compensation.
11. Our rights to end this Agreement
11.1 We may end a Subscription/Service if you break this Agreement . We may cancel any Subscription or end this Agreement (ie. delete your account) at any time by contacting to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within thirty (30) days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service;
(c) you use the Service in a manner contrary to clause 6;
(d) you do not comply with the Acceptable Use Policy;
(e) any of the information provided to us during account registration or any transaction/purchase is incorrect or incomplete;
(f) any of warranties in clause 4 is untrue;
(g) it becomes unlawful under any applicable law to provide you with the Service or any part thereof.
This is in addition to, and does not limit, our rights to restrict the Service and your use of it or particular features as described in clause 20 (Acceptable Use Policy). It is also in addition to any rights or remedies we may have under applicable law.
11.2 You must compensate us if you break this Agreement . If we cancel a Subscription or In-App Purchase or end this Agreement (ie. delete your account) in the situations set out in clause 11.1 and you are a consumer we will refund any money you have paid in advance for the unexpired period of any cancelled Subscription. If you are a business we will not refund any money. Whether you are a consumer or a business, and whether or not you had a paid Subscription or In-App Purchase, we may deduct or charge you an amount as compensation for the net losses, costs, charges, and/or expenses we will incur, or that we reasonably estimate we may incur, as a direct or indirect result of your breaking this Agreement and/or of the Subscription or In-App Purchase or contract ending. If you are a consumer that deduction or charge will be no greater than the total amount you have paid for the Service including any amount refunded under this clause 11.2. This is in addition to your liability under the indemnity at clause 8 above.
11.3 We may withdraw the Service . We may contact you to let you know that we are going to stop providing the Service either in full or in particular countries. We will try to let you know with reasonable notice taking into account the duration of the Service provided and at least at least three (3) months before the normal term of your current Subscriptions. The Services will cease to be provided on the date of the normal term of your Subscription.
12. If there is a problem with the Service
How to tell us about problems. If you have any questions or complaints about the Service, please contact us as described in clause 2.2.
13. Your rights if you are a consumer
If you are a consumer we are under a legal duty to supply a service in conformity with this Agreement. The Consumer Rights Act 2015 says: You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
14. Your rights if you are a business
If you are a business, your rights are limited to a refund of an amount equal to the price paid for the defective part of the Service.
15. Price and payment
15.1 Where to find the price . The price will be the price indicated on the order pages when you placed your order. Unless stated otherwise it will be shown including any VAT according to the law and regulations of the country where the transaction is subject to tax. Prices are displayed in a currency depending on your home country associated with your account. We may in our sole discretion make available special offers from time to time.
15.2 How you must pay . We accept payment with Visa Credit, Mastercard Credit, American Express, and such other methods shown on our website from time to time. Generally, only cards issued in Market Countries are accepted. The transaction is immediately charged to your card after verification, upon receipt of the debit authorization from the card issuer. The commitment to pay is irrevocable. By providing information about his credit card, you authorize us to debit his credit card the amount corresponding to the price.
15.3 When you must pay. Certain In-App Purchases may be made available on a non-recurring payment basis and you must pay the full price before the relevant In-App Purchase is made available. For Subscriptions payment will generally be charged upon our confirmation. Subscriptions may also be made available for a free trial period, in which case payment will be charged when the period ends. Trial periods start from confirmation and generally run for 14 days unless we indicate otherwise. Your Subscription will renew automatically and will be charged each month or year (or other applicable period) as the case may be . Renewal payment will be charged on each anniversary or the same (as near as possible) day of the month (1st, 2nd, 3rd, etc), as applicable.
15.4 Price changes. We may change the price for a Subscription for the future as of the next renewal to reflect the UK retail prices index (RPI) or other relevant index and currency exchange rates. We may also change the price for a Subscription for other business reasons. In either case we will contact you in advance to tell you about any price increase, and we will try to do so at least 30 days in advance, so that you can, if necessary, notify us of your intention not to renew your Subscription(s). If you do not cancel, the adjusted price will be charged on the next renewal date.
15.5 Our right of set-off if you are a business customer . If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction, or withholding.
15.6 We can charge interest if you pay late . If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of five percent (5%) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15.7 What to do if you think an invoice is wrong . If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
16. Our responsibility for loss or damage suffered by you if you are a consumer
16.1 Exclusion of liability for the Standard Service. The Standard Service is available free of charge. As such, to the maximum extent permitted by law (see clause 16.3) you use the Standard Service entirely at your own risk and we accept no liability whatsoever in relation to it, in connection with or through the use of the Standard Service. This applies in place of the acceptance of liability in clause 16.2 and the limit in clause 16.5.
16.2 We are responsible to you for foreseeable loss and damage caused by us . If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was made, both we and you knew it might happen.
16.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so . This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Service as summarised at clause 13. If you reside in France it includes gross misconduct (faute lorde).
16.4 We are not liable for business losses . If you are a consumer we only supply the Service for to you for domestic and private use. If you use the Service for any commercial, business, charitable, governmental, or re-sale purpose our liability to you will be limited as set out in clause 17.
16.5 Financial limit. Our total liability to you for all other losses arising under or in connection with this Agreement or any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, in any 12-month period shall be limited to the greater of £50 and one hundred per cent (100%) of the total sums paid by you for the Service in such 12-month period (less any refunds). You acknowledge that this is fair and reasonable.
17. Our responsibility for loss or damage suffered by you if you are a business
17.1 Subject to clause 17.2:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of contracts, loss of opportunity, loss of reputation, loss or corruption of data, or any indirect or consequential loss of any type whatsoever, in each case arising under or in connection with any contract between us; and
(b) as the Standard Service is available free of charge, we shall have no liability to you for any losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, in relation to the Standard Service or your use thereof; and
(c) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in any 12-month period be limited to the greater of £50 and one hundred per cent (100%) of the total sums paid by you for the Service in such 12-month period (less any refunds).
You acknowledge that this is fair and reasonable.
17.2 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
18. Personal information and other data
18.1 We will use your personal information only as set out in our Privacy Notice.
18.2 You may continue to access certain features of the Service without providing any information, however, in order to use all features of our Service you must provide us with a certain amount of information. You may withhold such information, however you recognise that this may substantially or entirely prevent you from using certain features within our Service.
18.3 Where you have provided personal data concerning pilots or other individuals you warrant that you have all necessary consents to have done so.
18.4 Data other than personal data: In relation to data or information in whatever form collected through or stored in the Service, other than personal data (" Non-Personal Data"), you acknowledge that (to the extent possible) we own such data and (to the extent ownership is not possible) we enjoy all possible rights in respect of or in connection with such Non-Personal Data including:
(a) ownership of any intellectual property rights of any type whatsoever subsisting in respect of the same;
(b) the right to store on our systems and systems operated by third parties on our behalf;
(c) the rights to access and view, to combine and to aggregate (wholly or in part) with other data or information, to adapt, to exploit, and to distribute.
19. Intellectual Property
19.1 The Service includes images, text and other material which is protected by copyright and similar legal protections. You are permitted to access and use the Service subject to and in accordance with these terms including the Acceptable Use Policy. This permission does not include the right to transfer or grant similar rights to any third party.
19.2 ScaleFlyt is our registered trade mark in the UK and EU.
19.3 Some elements of the Service are subject to open source licences which are acknowledged in-situ in the appropriate part of the Service and/or below:
- OpenStreetMap® is open data, licensed under the Open Data Commons Open Database License (ODbL) by the OpenStreetMap Foundation (OSMF).
20. Acceptable Use Policy
20.1 You may use the Service only for lawful purposes.
20.2 You may not use the Service:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (such as creating a false identity or attempting to mislead others of your identity or the origin of any communication);
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (set out below);
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(f) to knowingly store, distribute or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(g) through any bots, spiders, crawlers, or other automated programs;
(h) through a virtual private network, proxy, or other IP-spoofing system, where the object or effect is to conceal a breach of this Agreement or circumvent a technical restriction on the Service;
(i) in order to build a product or service which competes with the Service;
(j) as part of any other service, nor may you use any output of the Service to power, support, integrate or connect with another service (without our written prior agreement); and
(k) in excess of any agreed prescribed quotas (such as data usage limits, storage capacity or number of concurrent connections), or, where no prescribed quotas are agreed, in a manner that may damage or overburden the Service or interfere with others' use of the Service.
20.3 You also agree:
(a) to use reasonable endeavours to prevent any unauthorised access to, or use of, the Service and notify us promptly of any such unauthorised access or use;
(b) not to share your account password;
(c) not to abuse the "cooling-off" period by repeatedly buying and cancelling a Subscription or In-App Purchase;
(d) not to reproduce, duplicate, copy or re-sell any part of the Service in contravention of the provisions of these terms;
(e) not to access without authority, interfere with, damage or disrupt:
(i) any part of the Service;
(ii) any equipment or network on which the Service is stored;
(iii) any software used in the provision of the Service; or
(iv) any equipment or network or software owned or used by any third party; and
(f) except as may be allowed by any applicable law which is incapable of exclusion by agreement between you and us and except to the extent expressly permitted under this Agreement:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service or the software on which it runs or the screen images it displays (as applicable) in any form or media or by any means; or
(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service or the software on which it runs; or
(iii) extract, export, scrape, or cache any content of the Service for use outside the Service;
(iv) create content based on the content of the Service;
(g) not to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party.
20.4 These content standards apply to any and all material which you upload, enter, store or otherwise contribute to the Service including your username or displayed name and any chat or direct messaging with other users or with us (Contribution).
20.5 The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
20.6 We will determine, in our discretion, whether a Contribution breaches the Content Standards.
20.7 A Contribution must:
(a) be accurate (where it states facts);
(b) be genuinely held (where it states opinions); and
(c) comply with the law applicable in England and Wales and in any country from which it is posted, and in the country it targets users.
20.8 A Contribution must not:
(a) include any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; hateful or inflammatory; facilitates illegal activity; depicts sexually explicit images or otherwise is sexually explicit material; or promotes unlawful violence, discrimination based on race, gender, colour, religion, sexual orientation, age, disability, nationality, or any other illegal activities.
(b) infringe any copyright, database right or trade mark of any other person;
(c) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
(d) be likely to deceive any person;
(e) impersonate any person, or misrepresent your identity or affiliation with any person;
(f) give the impression that the Contribution emanates from Thales, if this is not the case;
(g) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(h) promote any illegal activity;
(i) be in contempt of court;
(j) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
(k) be likely to harass, upset, embarrass, alarm or annoy any other person;
(l) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
(m) contain any advertising or promote any services or web links to other sites.
Breach of this Policy
20.9 When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate including the measures detailed below.
(a) immediate, temporary or permanent withdrawal of your right to use the Service, including any paid-for In-App Purchase or Subscription;
(b) immediate, temporary or permanent withdrawal of any feature or function of the Service, including any paid-for In-App Purchase or Subscription;
(c) immediate, temporary or permanent blocking the ability to contact certain users;
(d) immediate, temporary or permanent removal of any Contribution uploaded by you to the Service;
(e) blocking access from certain IP addresses or ranges;
(f) issue of a warning to you;
(g) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(h) further legal action against you;
(i) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law; and/or
(j) temporary or permanent restriction or throttling of your Service usage.
20.11 Without limiting the above, we are entitled to take measures to prevent potential breaches of this Acceptable Use Policy or the other provisions of this Agreement, including blocking access from certain IP addresses or ranges.
20.12 We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
20.13 However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
21. Other important terms
21.1 We may transfer this agreement to someone else . We may transfer our rights and obligations under these terms to another organisation, provided (if you are a consumer) that such assignment does not diminish your rights. We will tell you in writing if this happens.
21.2 You need our consent to transfer your rights to someone else . You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
21.3 Nobody else has any rights under this Agreement . This contract is between you and us. However, our Affiliate Companies shall be entitled to the benefit of this contract and to enforce its terms in their own right. No other person shall have any rights to enforce any of its terms.
21.4 If a court finds part of this Agreement illegal, the rest will continue in force . Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If any part of this Agreement is determined to be invalid or unenforceable, that part shall be interpreted in a manner consistent with applicable law to reflect as closely as possible Thales's original intentions and the remainder of this contract shall remain valid and enforceable.
21.5 Even if we delay in enforcing this Agreement, we can still enforce it later . If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.
21.6 Where can you sue if you are a consumer? You can bring proceedings in the English courts. If you live in Scotland or Northern Ireland you can bring legal proceedings in either the English courts or (as applicable) the Scottish or Northern Irish courts. If you are domiciled in a state of the European Union, you benefit from Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters, which allows you to bring your suit, whether in the courts of England or the state where you are domiciled, notwithstanding the jurisdiction clause referred to above.
21.7 Which law applies to this Agreement if you are a consumer? These terms are governed by English law. If you are domiciled in a state of the European Union, you benefit from the Regulation n° 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). We intend that these terms are consistent with the consumer laws of each EU member state. Accordingly, this choice of English law to govern the Agreement cannot have the effect of depriving you of the protection of the provisions which cannot be derogated from by agreement under the law of the country where you have your habitual residence.
21.8 Which laws apply to this Agreement and where you may bring legal proceedings if you are a business? If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
21.9 Language. As a UK-based company we are carrying on business in the United Kingdom, therefore we communicate with our customers in English and our Service is provided in English. In France, we will provide the Service in accordance with applicable law.
21.10 Consumer mediation for consumers domiciled in France
This clause applies to consumers domiciled in France.
Under Article L. 612-1 of the French Consumer Code "Every consumer has the right to make free use of a consumer mediator for the amicable termination of the dispute with a professional."
Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the performance of a contract of sale or supplies of services between a consumer and a professional.
The text covers national disputes and cross-border disputes.
For any difficulty or complaint, you are invited to contact us in advance as provided in clause 2.2 of this Agreement.
In the year following your request to us, pursuant to Article R. 616-1 of the French Consumer Code, you may have your request examined by the mediator, referenced by the Commission for Evaluation and Control of the mediation of consumption in the applicable professional sector, the contact details of which are given below, it being specified that a dispute may be examined, save in exceptional cases, only by a single mediator:
Paris Centre for Mediation and Arbitration (CMAP)
21.11 EU Online disputes resolution. In accordance with Regulation (EU) No 524/2013 of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on the RLLC) , you are informed of the following electronic link to the Online Dispute Resolution Platform (RLL):
Appendix A - Market Countries
In-App Purchases and Subscriptions are available to customers with a billing address in:
- United Kingdom
- European Economic Area
The list was last updated on 11 November 2019.
Appendix B - Cancellation Form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of: SOARIZON, Thales UK, Royal Manor, Crawley RH10 9HA, UK.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate