The following Terms of Use are a legal agreement between you and Air Navigation SA, a company based in Champvent, Switzerland (collectively, “the Company”, “we”, “us” or “our”). These Terms of Use govern your use of the website www.airnavigation.aero (hereinafter: the “Site”) and the app “Air Navigation” (hereinafter: the “App”) and the services we offer (hereinafter: the “Services”).
Through the Site and the App, you have access to a variety of resources and content. These include software, databases, data including worldwide aviation waypoints, maps, drawings, text, images, photographs, layouts, graphics and information such as flight information (“Materials”). Software, Materials, Services, and other information, content and services, including, product description and community services, such as, but not limited to comments, FAQ, forums or chat are collectively referred to as “Content.”
By accessing or using the Site and/or the App, the Services or the Content provided on or through the Site or the App, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site, the App and the Content provided on or through the Site or the App (“Terms of Use”) and our Privacy Policy. By clicking the “Register” button when registering an account or using the Site, the App and/or the Services, you acknowledge that you have read and understood Terms of Use and agree to be bound by them and to comply with all applicable laws and regulations. If you do not agree with these terms and conditions, you should not use the Site, the App and/or benefit from the Services.
The Company may revise the Terms of Use and Privacy Policy at any time. The revised Terms of Use and Privacy Policy will be effective upon notification to you. You can review the most current Terms of Use at http://airnavigation.aero/terms-of-use.html and Privacy Policy at http://airnavigation.aero/privacy-policy.html. Registered users will be informed of the changes to the Terms of Use by e-mail or notification. However, you remain responsible to regularly check these Terms of Use in order to be informed of any changes. Your continued use of the Site or the App after any such changes or after having explicitly accepted the new Terms of Use upon logging into the Site and/or the App and/or using the Services shall constitute your consent to such changes.
Some areas of the Site, the App and some Services or Content provided or available on or through the Site or the App, including the Flight planning, Flight tracking, User data backup and synchronization, Briefing, ATC flight plan applications, may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site, App or of the Services or Content. If there is a conflict or inconsistency between the Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site, App or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site, the App or of the Services and Content.
Some areas of the Site, the App and some Services or Content provided or available on or through the Site or the App, including the Flight planning, Flight tracking, User data backup and synchronization, Briefing, ATC flight plan applications, may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site, App or of the Services or Content. If there is a conflict or inconsistency between the Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site, App or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site, the App or of the Services and Content.
Software provided or available on or through the Site or the App are protected by intellectual property rights and are the sole property of the Company. Your use of software provided or available on or through the Site or the App may be used subject to the following: (a) the software may be used solely for your personal purposes; (b) the software may not be modified or altered in any way except for software made available under open source licenses which may only be modified in strict accordance with the terms of such licenses; and (c) the software may not be redistributed in any way except for software made available under open source licenses which may only be redistributed in strict accordance with the terms of such licenses.
Materials provided or available on or through the Site or the App are protected by intellectual property rights, including copyrights, and are the sole property of the Company. You may download, store, display on your computer, smartphone or electronic device, view, display and print Materials the Company makes available on or through the Site or the App subject to the following: (a) the Materials may be used solely for your personal purposes; (b) the Materials may not be modified or altered in any way except for Material made available under open or creative commons licenses which may only be modified in strict accordance with the terms of such licenses; and (c) the Materials may not be redistributed in any way except for Content which is made available under open or creative commons licenses which may only be redistributed in strict accordance with the terms of such licenses.
The Site, App, software, the Services and Content provided on or accessible through the Site or the App are the intellectual property and copyrighted works of the Company or, as the case may be, the third party provider. The Company reserves all rights, title and interest with regard to the Site, the App, the software, the Services and the Content provided on or accessible through the Site or the App, except for comments posted on the foras available on or through the Site or the App. The Site, the App, the software, the Services and the Content are provided on an “As Is” and “As Available” basis, and the Company reserves the right to terminate the permissions granted to you in Sections 2 and 3 above and your use of the Site, App, software or Content at any time.
You agree not to access or use the Site and the App, the Service and the software in any manner that could damage, disable, overburden, or impair any Content, accounts, computer systems, database, software or networks. You agree not to attempt to gain unauthorized access to any parts of the Site, the App, the Services or any Content, accounts, computer systems, software or networks. You agree not to interfere or attempt to interfere with the proper operation of the Site, the App, the Services or any Content, accounts, computer systems, software or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site, the App, the Services or any Content, accounts, computer systems, software or networks and/or to extract, automatically or manually, Content without the Company’s express written permission.
Access to and use of password protected or secure areas of the Site and/ or the App is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site and/or the App. You are solely responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site and/or the App. You agree to notify the Company immediately of any unauthorized use of your password(s) or account(s). We will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Site, App and/or Services.
You agree not to use the Site, the App, the Services or the Content provided on or through the Site or the App for any purpose which is unlawful or prohibited by these Terms of Use, any applicable laws and regulations or the rules, guidelines or terms and conditions posted on a specific area of the Site and/or the App.
You agree to indemnify and hold harmless the Company, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your violation of the Terms of Use, the Privacy Policy, or any applicable law or regulation or any additional rules, guidelines or terms of use posted on a specific area of the Site and/or the App, or your violation or infringement of any Company intellectual property rights and/or third party rights.
The Company has no obligation to monitor the Site, the App or screen Content that is made available on or through the Site or the App, including in the foras. However, the Company reserves the right to review the Site, the App and the Content and to monitor all use of and activity on the Site, as well as to remove or choose not to make available on or through the Site or the App any Content if it deems appropriate, at its sole discretion.
The Company may, in its sole discretion, at any time, discontinue providing or limit access to the Site, the App, the Services, any areas of the Site or the App or Content provided on or through the Site and/or the App. The Company is entitled, at any time and without any obligation to indemnify you for any damages incurred, to delete your user account and block your access to the Site and/or the App in the event it considers that your use of Site does not fully comply with these Terms of Use or with any applicable laws or regulations. The Company will terminate or limit your access to or use of the Site and/or the App if you are considered to be an infringer of third party copyrights. You understand and agree that the Company shall not be liable to you or any third party for any termination or limitation of your access to or use of the Site, the App, the Services or any Content.
The Site provides links to websites and access to Content, products, and services of third parties, including affiliates and sponsors of the Site or the App. The Company is not responsible for third party Content provided on or through the Site and/or the App and you bear all risks associated with the access and use of such websites and third party Content, products and services.
THE APP AND/OR THE SITE IS/ARE NOT INTENDED TO REPLACE A CERTIFIED NAVIGATION DEVICE. LOCATION DATA MAY NOT BE ACCURATE. THE COMPANY DOES NOT GUARANTEE ACCURACY AND COMPREHENSIVENESS OF THE INFORMATION PROVIDED. THE EMBEDDED NAVIGATION DATABASE IS PROVIDED FOR INFORMATIONAL PURPOSE ONLY. IT MAY NOT BE COMPLETE AND MAY CONTAIN ERRONEOUS DATA. YOU SHOULD ALWAYS USE OFFICIAL AERONAUTICAL DOCUMENTATION WHEN PREPARING AND PERFORMING A FLIGHT. YOU SHOULD ALWAYS USE CERTIFIED NAVIGATION DEVICES WHEN PERFORMING A FLIGHT.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, THE APP, THE SERVICES AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE AND/OR THE APP, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, THE APP, THE SERVICES AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE AND/OR THE APP. IN NO EVENT SHALL THE COMPANY OR ITS ADMINISTRATORS BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE APP, THE SITE, THE SERVICES OR THE CONTENT.
THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, THE APP, THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE APP, THE SERVICES OR CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE APP OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE OR THE APP WILL BE ACCURATE, COMPLETE OR RELIABLE; OR (D) THE QUALITY, COMPLETENESS OR RELIABILITY OF SERVICES OR ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE OR THE APP WILL MEET YOUR EXPECTATIONS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, THE APP, THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE APP FOR YOUR FLIGHTS ARE AT YOUR OWN DISCRETION AND SOLE RISK. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE SITE AND/OR THE APP IS USED AT YOUR OWN DISCRETION AND RISK. THE COMPANY DOES NOT GIVE ANY WARRANTY IN RELATION TO THE OPERABILITY OF THE SITE OR THE APP DURING YOUR FLIGHT, NOR IN RELATION TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE SERVICES, THE CONTENT AVAILABLE ON OR THROUGH THE SITE AND/OR THE APP, INCLUDING, BUT NOT LIMITED TO, FLIGHT NAVIGATION INFORMATION, MAPS, GRAPHICS, GPS INFORMATION, FLIGHT TRACKING INFORMATION, FLIGHT PLANNING INFORMATION. THEREFORE, YOU SHALL NOT STRICTY RELY UPON THE SITE, THE APP, THE SERVICES OR THE CONTENT FOR GUIDANCE OR INFORMATION PURPOSES DURING YOUR FLIGHT. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SMARTPHONE OR ELECTRONIC DEVICE OR LOSS OF DATA ARISING OUT OF THE DOWNLOAD OR USE OF THE SITE, THE APP THE SERVICES OR THE CONTENT.
THE COMPANY SHALL NOT HAVE ANY RESPONSIBILITY FOR DAMAGE TO YOUR AIRCRAFT, HELICOPTER OR OTHER FLYING MACHINE, FLIGHT OPERATING SYSTEM, UNMANNED AERIAL VEHICLE AND/OR ANY MACHINE, VEHICLE OR ANY DEVICE OR ITEM OF YOUR AIRCRAFT, HELICOPTER OR OTHER FLYING MACHINE, FLIGHT OPERATING SYSTEM, UNMANNED AERIAL VEHICLE AND/OR ANY MACHINE, VEHICLE OR ANY DEVICE CONNECTED TO OR LINKED TO THE SITE, THE APP OR THE CONTENT. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THIRD PARTY PROPERTY OR RESPASSING ARISING OUT OF THE DOWNLOAD OR USE OF THE SITE, THE APP, THE SERVICES OR THE CONTENT. THE COMPANY SHALL HAVE NO RESPONSIBILITY IF YOU GET LOST USING THE SITE, THE APP, THE SERVICES OR THE CONTENT.
THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE, THE APP AND CONTENT PROVIDED ON OR THROUGH THE SITE AND/OR THE APP AT ANY TIME WITHOUT NOTICE.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, THE APP, THE SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE AND/OR THE APP, INCLUDING INACCURATE, UNRELIABLE OR MISLEADING CONTENT. THIS LIMITATION OF LIABILITY ALSO APPLIES TO DEATH OR INJURY ARISEN AS A RESULT OF THE CRASH OR AN AIRCRAFT, HELICOPTER OR OTHER FLYING MACHINE, FLIGHT OPERATING SYSTEM, UNMANNED AERIAL VEHICLE AND/OR ANY MACHINE, VEHICLE OR ANY DEVICE USING THE SITE OR THE APP, UNLESS IT CAN BE SHOWN THAT THE SAID DEATH OR INJURY IS THE DIRECT RESULT OF AN INTENTIONAL ACT OR A GROSS NEGLIGENCE OF THE COMPANY (BEING SPECIFIED THAT THE EXCLUSION OF WARRANTY WITH REGARD TO THE CONTENT PROVIDED AND ACCESSIBLE ON OR THROUGH THE SITE OR THE APP SHALL REMAIN FULLY APPLICABLE UNDER ANY CIRCUMSTANCES).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, THE PART OF THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE SHALL NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
The Company is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see our Privacy Policy. Any personal information collected on this Site will be treated in accordance with our Privacy Policy.
Minors are not eligible to use the Site and the App, and shall not register on the Site or the App or submit any information to us. If you are minor in your jurisdiction, you may use the Site or the App only with involvement and agreement of a parent or guardian.
All matters relating to your access to, and use of, the Site, Services and Content provided on or through the Site shall be governed by the substantive laws of Switzerland, without regards to principle of conflicts of laws thereof. Any controversy, claim or dispute between a user and the Company arising out of or relating to this policy shall be subject to the exclusive jurisdiction to the ordinary courts of the seat of the Company, without prejudice to an appeal to the Swiss Federal Court.
Copyright© Air Navigation SA, 2022. All rights reserved.
Air Navigation is a registered trademarks of Air Navigation SA and/or its affiliates. Other names appearing on the App may be trademarks of their respective owners.
If you have any questions regarding these Terms of Use, please contact the support at support@airnavigation.aero
Latest issuance, 2022