SafeSky Terms and Conditions

These Terms and Conditions (“Terms”) are the conditions that govern the use of the Services (“Services”) of SafeSky.

These “Terms” apply to updates, supplements, add-on components, or Internet-based services components of the software that SafeSky may provide to you or make available to you after the date you obtain your initial copy of the software, unless SafeSky provides other terms along with the update, supplement, add-on component, or Internet-based services component. In the event any provision of these “Terms” is held to be void, invalid, unenforceable or illegal, the remaining provisions shall continue in full force and effect.

SafeSky reserves the right to discontinue any Internet-based “Services” provided to you or made available to you through the use of the “Services”.

SafeSky name and SafeSky logo are registered trademarks of SafeSky SRL, a company under Belgian Law, registered nr 0761852549.

These “Terms” start as from the moment you install, copy and or use the “Services” of SafeSky. You may use SafeSky “Services” as far as you comply with all terms and conditions of this Agreement.

By using the SafeSky “Services”, you signify your assent to these Terms.

While using the “Services”, personal information may be provided by you or collected by SafeSky as detailed in our Privacy Policy. This Policy explains our practices pertaining to the use of your personal information and we ask that you read this Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by SafeSky, subject to this section, the Privacy Policy and any applicable laws and regulation.

1.Disclaimer:

Before you can use the SafeSky “Services” you must read the statements below.
When starting to use this software, you agree with the following.

“This is a non-certified i-conspicuity software that is the result of information provided by a non-structured community of pilots and ground stations. In no way SafeSky can guarantee accuracy nor comprehensiveness of data nor permanent data transmission  while using 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 time when flying. It must never be used in IMC flight.

In no way SafeSky can be held liable for any damages arising from the use of the “Services.”

Important features of the SafeSky “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 in this section does not mean that 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 of third parties. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. SafeSky does not provide any warranties to such information’s credibility or reliability.
• Location-based Services. Some features of the “Services” make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the SafeSky application is installed and activated. These features cannot be provided without utilizing this technology.
• The Internet connection required to use the “Services”, and any associated charges (e.g. mobile data expenses) 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 (e.g. Wi-Fi, 3G, 4G, 5G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
• Free Software. The “Services” utilize software for map displays, updates and road information. With respect to some cellular telephone devices running the software, the software is a free-software.
• SafeSky allows you to use the “Services” when you choose a nickname for yourself. SafeSky will link all of your information with your account and a unique identifier generated by SafeSky. You need to set up a username.

2.Mandatory Registration

The use of the “Services” is subject to your registration with a Google or Apple account.

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 via communication or integrate it within a service of your own, without the prior written consent of SafeSky. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the “Services”.

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 Application you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Application 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” contains components that enable and facilitate the use of certain Internet-based “Services”. You acknowledge and agree that SafeSky may automatically checks the registration number entered in the “Services” and / or its components that you are utilizing and may notify you of important information related to your use of the “Services” that will be automatically downloaded to your smartphone or tablet or any other device.

You acknowledge and agree that SafeSky may automatically check the registration number entered in the “Services” and / or its components that you are utilizing for the purpose of verifying that you have a valid subscription, and that the “Services” may be incapacitated if a valid subscription is not confirmed

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 Site 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;

-interfere with or disrupt the operation of the “Services” and/or Site, or the servers or networks that host the “Services” and/or Site or make the “Services” and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

- transfer or assign your “Services” accounts’ password, even temporarily, to a third party;

- use the “Services” and/or Site 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 or otherwise 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 as new features, functionality, performance, and data shall be the sole and exclusive property of SafeSky.

Intellectual property rights in and to the “Services” and its 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 the 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 Site and the “Services” are protected works under applicable copyright laws and SafeSky and its affiliates retain all intellectual property rights in them. The “Services” 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 the maps that are displayed on the “Services”. You may not copy or print more than one copy of any data or material appearing on the Site.

SafeSky may protect the “Services” by technological means intended to prevent unauthorized use of the “Services”. You undertake not to circumvent these means. Without derogating from SafeSky’s rights under these Terms or under any applicable law, you are advised that 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, including but not limited to data downloaded via the Internet for use with the “Services”, 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 purposes any use of or access to the Content and/or the Service and/or Site;

· frame or mirror any part of the “Services” and/or Site without SafeSky’s prior express written authorization;

· create a database by systematically downloading and storing all or any of the Content from the Service;

· forward any data generated from the “Services” and/or Site without the prior written consent of SafeSky;

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

The “Services” contains trade secrets and proprietary know-how that belong to SafeSky and it is being made available to you in strict confidence. Any use or disclosure of the “Services”, or of its 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 its use. The 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 third party services. SafeSky is providing these connections to third party services 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 service and content included therein for use 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 service, 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 (including traffic laws) while using the Service.

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 it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to SafeSky’s computers, immune from damages, 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, either 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 service, or from any failure, error, or breakdown in the function of the service, 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 service, including, without limitation, content originating from third parties, or from any communication with the service, or with other users on or through the service, 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 service. In any event, your sole remedy will be limited to correcting such errors, or malfunctions, and 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 the use of the “Services” if you fail to comply with the Terms and Conditions of this “Agreement”. In such event, you must destroy all copies of the “Services” and all of its component parts.

9. Governing law

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

Privacy Policy of SafeSky SRL

Summary.

Respecting your privacy is of utmost importance for SafeSky.

SafeSky SRL is a registered company under Belgian Law, n° 0761852549.

SafeSky offers live maps with air-traffic, GPS-based flight information services, and community services to the users of SafeSky mobile applications, directly or via third party services (referred to as the “Services”).

In case of use of “Services” via third party services, both Privacy Policies of SafeSky and of the third party you use are applicable. 

The SafeSky App allows you to manage your community of Fellow pilots (referred to as “My Fellow Pilots”). A process of mutual invitation and mutual acceptance is required to add a user into your community of “My Fellow Pilots”.

At all times, you decide what kind of personal information you want to share, in public or with your “Fellow pilots (My Fellow Pilots)” only while using the app. You can adjust your Privacy settings at any time from the App.

Indeed, SafeSky App offers two utilisation modes: private (default) and public modes:

In Private mode (default), users can see your position for traffic awareness, but cannot identify you as a person; only your “My Fellow Pilots” to whom you have explicitly granted access to in your list of “Fellow pilots” can see your (nick) name, call sign, avatar picture and your plane picture if configured.

In Public mode, all users can see your position, your (nick) name, call sign, avatar picture and your plane picture if configured.

You are free to decide what personal data others can see: all personal data variables are optional, except the nickname information which is required.

SafeSky only stores location data that are aggregated as anonymised contents, with the aim of helping us and third parties to collect general information about General Aviation (GA) e.g. the evolution of GA activity, by region, time, duration, frequency, trajectories of flights, type of aircraft. The resulting data may be shared, sold or licensed to third parties for statistical purposes to study the impact of General Aviation (GA) and enhance traffic awareness throughout the GA community. Such data will not be used for advertising purposes.

In addition, note that no payment nor card details are stored on our servers.

SafeSky holds personal data for at least as long as we provide “Services” to you. When you decide not to use our “Services” any longer, or when subscription expires, your data held will be deleted after 1 year.

SafeSky is a data controller of your personal data and follows strict procedures to secure the data. You can contact privacy@SafeSky.app for any questions about this Privacy Policy, in case you believe that your privacy has been compromised in the course of using our “Services” or if you wish to rectify or exclude your data from our data processes.

SafeSky is respecting privacy obligations of Regulation (EU) 2016/679 (General Data Protection Regulation), under Belgian law, latest Law of 30 July 2018 implementing EU Regulation. Complaints can be sent to the Belgian Privacy Authority.

Last updated: 16/02/2022

Privacy Policy of SafeSky srl - Further details

Information that is being collected

SafeSky collects information to provide better services to all its users. The information SafeSky collects, and how that information is used, depends on how you choose to use our “Services” and how you manage your privacy and user settings.

Depending on your specific mobile device on which you have installed the “Services”, SafeSky may request certain permissions that allow access to User's device Data as described below.

By default, these permissions must be granted by you before the respective information can be accessed. Once the permission has been given, you can revoke it at any time. In order to revoke these permissions, you can refer to the device settings or contact the support@SafeSky.app.

The exact procedure for controlling app permissions may depend on your device and software.

If you use the SafeSky “Services”, depending on your personal choices, it may obtain permission to access camera, location (continuous), email address, account information and your profile, detailed location, flight and route information (for example in the form of GPS signals, combined with a time-stamp), IP address and other information is collected from sensors and receivers on or around your device, on which the “Services” are installed and activated, location and route information that is saved to a route history of all the journeys you have made while using the “Services”.

The type of location data we collect depends partially on your device and account settings. For example, depending on your selected device settings and/or your account settings we may collect information about your location and flight (or lack thereof);

SafeSky collects information that you have chosen to share, including :

● your chosen nickname, pictures, avatar, reports associated with your nickname;

● your aircraft details, destinations you may travel to, search queries, date information and files you have uploaded to the “Services”;

● communication or other content you chose to share with any third party, including SafeSky users, through the “Services”;

● your activity as a SafeSky Aircraft’s pilot or passenger, such as users you interacted with and ratings that you have received from other users;

● communications that you choose to conduct through the SafeSky “Services”: if you choose to use SafeSky to communicate with other SafeSky users or third parties through the SafeSky “Services”, such as chat messages or sending pinned locations on the SafeSky platform. We may also collect information when you exchange communication with SafeSky, for example, if you submit a request or contact SafeSky’s support team.

If you use the “My Fellow Pilots” feature, SafeSky may collect:

● With regards to the “My Fellow Pilots” feature we only collect data in a form which is anonymous to SafeSky; This information will be used to help us find and create a list of other SafeSky users who you may know and with whom you may wish to connect. Note that we will not collect names, addresses or other information from your device’s phone contacts book, however some of this information may be saved locally on your device and may be used within searches for your friend’s name or address within the “Services”.

● You may also provide additional information that will be used to personalize the “Services” and enhance your experience with the “Services”, for example, your flight plan and destinations.

● SafeSky may collect information about your activity in the “Services”, which SafeSky uses to provide you with the “Services” , including features which are meant to personalize your experience. This includes things like finding “My Fellow Pilots”, to streamline your search and travel and to match you with other aircraft in the vicinity.

Debugging Meta-data (information about your device, browser and app use):

In order to debug and improve the App, SafeSky may collects information about the use of the “Services” and information from the device onto which you have SafeSky installed or the browser from which you use the “Services”, e.g.:

● SafeSky may collect and record how often you use our “Services” and for how long, your device type, unique identifiers, operating system type & version, battery usage, the third party web pages or applications you visit or use or interact with via the “Services”, information that you viewed on our “Services”, the fact that you used the “Services” to communicate with other users and the fact that you used third parties applications/services via SafeSky to communicate with third parties, and the duration of such communications, the Internet Protocol (IP) address and the name of the domain that serves you to access the “Services”, and the geographic location of the device that you are using to login and use SafeSky on.

● SafeSky may also collects information about the interaction of your devices with our “Services”, including crash reports, system activity, and the date, time, and referrer URL of your request.

As a user, you decide if you want to share debugging meta-data. This is turned off by default, and you can opt-in our opt-out from the preference screen of the App.

The purposes of processing

● to allow SafeSky to provide our “Services”, e.g. traffic alerts, and all information that can help to enhance your situational awareness and “iConspicuity” when flying

● to allow SafeSky to maintain and ensure our “Services” are working as intended, such as tracking outages or troubleshooting issues you report to us. And we use your information to improve the service or to develop new features or “Services”. For example, SafeSky may use your route information to improve the accuracy of its mapping and navigation data

● to developing new “Services” and features that are useful for our users

● to understanding how people use our “Services” to ensure and improve the performance of our “Services”

● to share your submissions with other users of the “Services” and to facilitate communication between you, SafeSky and other users

● to use the information to provide you with support and handle requests and complaints

● to communicate to you, via updates, notices, announcements, users’ requests and additional information related to our “Services”

● to conduct surveys and questionnaires, and if you contact SafeSky we may keep a record of your request in order to help solve any issues you might be facing.

● to perform research that improves our “Services” for our users and benefits the public

● to enhance the safety of all airspace users

● to establish and promote interoperability of all ‘iConspicuity’ providers in aviation

● to comply with our legal obligations, respond to enforcement requests

● to protect its rights and interests (or those of its Users or third parties)

● to detect any malicious or fraudulent activity

● to control of the device permissions for Personal Data access, Analytics, Registration and authentication, Access to third-party accounts, Registration and authentication provided directly by the “Services”.

Methods of processing

SafeSky takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to SafeSky, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of our “Services” administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Retention time of personal

SafeSky holds personal data for at least as long as we provide “Services” to you. When you decide not to use our “Services”, or when subscription expires, your data held will be deleted after 1 year.

Personal data collected for the purposes of the legitimate interests of SafeSky shall be retained as long as needed to fulfil such purposes. SafeSky may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Personal data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be executed once the retention period expires.

Use of “Services” through third party services

In case of use of SafeSky “Services” via third party services, both Privacy Policies of SafeSky and of the third party you use are applicable. In order to use the “Services” you will need to read and accept the privacy policy of that third party.  

Changes of this Privacy Policy

SafeSky may from time to time change the terms of this Privacy Policy. Substantial changes will take effect 30 days after SafeSky has posted a system message to users notifying them of changes to the Privacy Policy and a notification on the software service, SafeSky homepage or any other relevant web pages, explaining the changes to the Privacy Policy.

Other changes will take effect 7 days after their initial posting on the Website. However, if SafeSky amends this Privacy Policy to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.

You agree to be bound by any of the changes made in the terms of this Privacy Policy. Continuing to use the “Services” will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the “Services”.

Last updated : February 16, 2023