OpenSkyX Service/Platform Agreement - OpenSkyX.aero

Before using, please read the terms of use of the OpenSkyX Platform. Any use of the Platform in any way is recognized as acceptance, that is, the User's full and unconditional consent to use the Platform under the terms set forth.

1. General Information

1.1. These Terms of Use (the “Terms”) govern the use of the OpenSkyX platform, the rights to which belong to OpenSkyX L.L.C-FZ, duly registered under the laws and regulations of the Meydan Free Zone, Dubai, United Arab Emirates, License No. 2313886, registered address: Business Center 1, M Floor, The Meydan Hotel, Meydan Road, Nad Al Sheba, Dubai, U.A.E. (the “Owner”). The Platform is accessible at https://www.openskyx.aero

(including its subdomains);

1.2. Client – an individual or employee of a legal entity, a visitor of the Site, who accepts the terms of use and has full legal capacity. Client is supposed to be interested in flight organization services.

1.3. Operator – an individual or employee of a legal entity, visitor of the Site, who accepts the terms of use and has full legal capacity. The Operator is a service provider who organizes the flight and other services related to the flight.

1.4. User – the Client or Operator who interacts with the platform and its employees (by visiting the site, interacting by e-mail, messengers, telephone or alternative means of communication);

1.5. OpenSkyX flight/rental private jet search platform (hereinafter - the Service) is a multifunctional software product available on the website at https://www.openskyx.aero

and other domains of the Owner, designed to be provided to Users through user interface tools, including the following features:

— searching for and obtaining, based on requests through the search interface, information on approximate flight prices for further use by third parties - airlines, agencies, reservation systems, etc. (hereinafter – the suppliers). For individual suppliers, the capabilities of the Service can also be used to facilitate (automate) the process of promoting (providing) the relevant services of such suppliers;

— request for flight selection based on requests through the search interface or through the interface of approximate flight prices;

— personalization of the functional features of the Service after authorization on it. For example, the storage of data specified by the User, documents for reservations from suppliers, settings of individual software elements of the Service for themselves, connection of additional products and services of the Service, including for a fee;

— to receive for review information materials and other content about the flights, available directly on the Service and in the social networks of the Owner;

— participation in promotions and contests organized by the Service Owner and/or its partners;

— receiving advice on issues related to the use of the Service and, if possible, on the services provided by the providers by direct contact with the User through any electronic communication channels available for communication specified on the site;

— user authorization via available methods on OpenSkyX, creation and maintenance of a User Account;

— processing User requests to search for available planes and services;

— enabling the User to edit their account;

— processing of Operators' offers to Customers' requests.

1.6. Prices displayed in the “Approximate price” section after entering flight details are historical/indicative for the relevant routes and do not constitute an offer; they are for approximate understanding only.

1.7. The use of individual parts and features of the Service, in addition to these Rules, may be additionally regulated by special rules and conditions, which are posted on the corresponding pages of the user interface in the form of documents, descriptions, instructions. In everything that is not regulated by the relevant special terms and conditions, the relations on the use of the Service, including the use of its individual parts and capabilities, are governed by these Rules.

1.8. The User agrees that using the Service and any features or parts thereof by any means implies that they have read these Terms and the special terms and conditions according to clause 1.3 (in case of using the corresponding features or parts of the Service, which are subject to these special terms and conditions) and accept them without any reservations. If the User does not accept these terms, he/she must refrain from using the Service.

1.9. The laws of the United Arab Emirates and the regulations of the Meydan Free Zone, Dubai shall be applied to the Terms and all relations related to the use of the Service. Any claims or lawsuits arising from these Terms and/or the use of the Service must be filed and considered under the Acting laws of the United Arab Emirates and the regulations of the Meydan Free Zone, Dubai.

1.10. If for any reason one or more provisions of the Terms are deemed invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Terms.

1.11. An integral part of the Terms, among other things, is the Privacy Policy.

2. The Use of OpenSkyX

2.1. The Owner of the Service free of charge, on the terms of a simple (non-exclusive) license, provides the User the non-transferable right to use the Service in all countries of the world for its direct functionality and solely to implement the features of the Service provided by the Owner and obtain the services of the Owner, available through the Service.

2.2. Interaction with the Service, including the formation of the User's requests for search of flight services, can be carried out only by means of the interface of the Service provided to the Users from the authorized programs and devices.

The Service makes it possible for the User to review suppliers' offers for specified destinations (locations) and dates.

Links to any third-party website, product, service or information of a commercial or non-commercial nature provided by the Service does not constitute an approval or recommendation of such products (services, activities or persons) by the Owner, and is not an advertisement in the absence of a direct indication thereof.

2.3. The purchase of the flight, other services related to the flight and their payment is specified in the annex to the offer. User acknowledges understanding of the fact that the Service Owner:

— acts as an intermediary between the User and a third party that implements a particular service;

— does not guarantee and is not responsible for the accuracy of information about any services offered for sale by providers.

2.4. While using the Service, the User is prohibited from:

— interfering with the work of OpenSkyX in ways that may result in a violation of its performance, including forming requests in ways other than through the user interface;

— using any programs or applications that are not authorized by the Owner to interact with OpenSkyX;

— modifying, improving, translating into other languages, decompiling, disassembling, decoding, framing, emulating, violating the integrity of, or restore the source code of OpenSkyX or any of its parts;

— use OpenSkyX or the content available on it for illegal purposes or in order to pursue an unfair purpose, for example, go to partner sites and make fraudulent bookings.

2.5. The Owner has the right, at any time and at their sole discretion, to terminate maintenance of OpenSkyX, change its functionality, as well as prohibit a specific user, while the user is obliged to stop using OpenSkyX at the specified request.

2.6. After subscribing to the mailing list and before unsubscribing, the User has the opportunity to receive via electronic communication channels available on the Service:

— news about changes in prices for dates and destinations of interest to the User, flights, and other services;

— OpenSkyX newsletters and advertisements, including promotional information from the partners of the Service (third-party advertisers).

2.7. By means of the Service the User is given the opportunity to personalize the functionality and interface of the Service for their own needs, to get access to paid features and products of the Owner and/or partners of the Service. The User agrees that the fact of authorization of the User on the Service and the use of the account assigned to the User, is considered the User's consent to the processing of the account data for the implementation of the features of the Service provided by the Owner and the provision of the Owner's services and suppliers, available through the Service.

2.8. When contacting directly by any means of communication indicated on the service or its products, the User agrees that the speed of response to the treatment is not defined and depends on the volume of incoming requests. The use of any information and data received in the course of interaction with the service is provided for a particular moment of time and is not guaranteed to be valid for any other period of time. Any information received from the User in connection with its treatment can be used by the Owner solely to work with the treatment in the interests of the User.

2.9. The Owner has the right, at any time, to remove any of the User’s content and/or restrict the access of other users to the content, if such content or actions of theUsers may potentially, in any way, violate these Terms, the Privacy Policy, applicable legislation, or generally accepted behavioral norms on the internet, or threaten the security of the service or the service of third parties as well as their psychological state.

3. Responsibility

3.1. The Service, its parts and any features are provided on an 'as is' basis. The Owner does not provide any warranties regarding error-free and uninterrupted operation of OpenSkyX, its parts, components, or functions, compliance of OpenSkyX functionality to specific expectations of the user. The Owner does not guarantee the veracity, accuracy, completeness, and timeliness of data provided by OpenSkyX, nor do they provide any other warranties, which are not expressly stated in these Terms, including when providing support services regarding the use of the metasearch service or other available functionality.

3.2. The Owner, taking into account the restrictions established by applicable law, is not responsible for:

— any direct or indirect consequences of any use or inability to use OpenSkyX (including data) and/or the damage caused to the User and/or third parties as a result of any use, non-use or inability to use OpenSkyX or its separate components and/or functions, including due to possible errors or failures in its operation;

— non-use or inability to use the Service (including data) or its individual components and/or functions, including due to possible errors or failures in the operation of the Service;

— any information, information, advertising, materials and content that are posted on the resources of suppliers and third parties, and to the resources of which the User can be redirected when using the features of the Service.

3.3. User agrees to use OpenSkyX in accordance with the laws of the country in which the User is located, and bear liability for violating the restrictions on the use of OpenSkyX or its different functions according to respective legislation.

3.4. User is responsible before third parties for his actions related to the use of OpenSkyX, including if such actions result in violating the rights and legitimate interests of third parties, as well as for compliance with applicable legislation when using OpenSkyX.

3.5. In case of any disputes concerning these Terms, the User and Owner will be guided by section 5.5. of these Terms.

4. Intellectual Property

4.1. Intellectual property rights on the intellectual property objects constituents OpenSkyX and/or used by it (software and hardware product, interface, algorithms, design, mechanics of interactions, texts, images, databases, knowledge, trademarks, trade names, other means of identification, etc.), as well as domain names, are vested in the Owner or third parties, which are the rights holders and provided the Owner with a license, or are distributed by the Owner on behalf of the rights holders.

4.2. Objects of intellectual property, the exclusive rights to which do not belong to the Service Owner, are posted by him solely for the purpose of bringing to the Users information about a particular airline, agency, and other suppliers, information about the services that are available on the Service.

4.3. The use of the intellectual property objects specified in section 4.1. is only possible within the framework of the functionality offered by OpenSkyX. The User agrees that the use of OpenSkyX does not grant any rights for the specified intellectual property objects, except for the rights explicitly specified in the Terms.

4.4. Any content that OpenSkyX receives from the User, upon authorization or through any other use of OpenSkyX, must be rightfully accessible to the User and must not violate the rights and legitimate interests of third parties or applicable law. The User provides the Owner with free-off charge, perpetual, transferable, revocable, sub-licensable license to use, modify, reproduce, distribute, and prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all content provided. The Owner can use such content in any format, channel, platform, or territory with the right to localize it to other languages. If uploaded or submitted to OpenSkyX, the Owner further gives permission and the right to use his/her name, image, or other personal attributes in connection with such content.

5. Changes to the Terms

5.1. The Owner has the right to unilaterally change these Terms at any time and without prior notice. The notification for users about changes made to these Terms and their current version is published on https://www.openskyx.aero/terms.

5.2. Changes to the Terms come into force from the date of their publication, unless otherwise specified in the relevant publication.

5.3. If, for any reason, any of the conditions of these Terms is found to be invalid, the Terms will be enforced to the fullest extent permitted by applicable law and the other conditions will remain valid and in force.

5.4. The Terms and all the relations associated with the use of OpenSkyX are subject to the Acting laws of the United Arab Emirates and the regulations of the Meydan Free Zone, Dubai, unless a specific User and the Owner have agreed otherwise.

5.5. Any of the User’s concerns and claims arising out of the present Terms and/or the use of OpenSkyX must first be dealt with by dispute settlement procedure. In the event of a dispute, the User agrees to electronically: sales@openskyx.aero and physically send the complaint to the Owner at the legal address and start negotiations process. If it is impossible to reach an agreement by means of negotiations within 30 (thirty) calendar days after the dispute arises, the User or Owner shall transfer the dispute for consideration by the arbitration at the Dubai International Arbitration Centre (DIAC) under the DIAC Rules in force on the filing date. Seat/place of arbitration: Dubai, UAE.

5.6. If the User wishes to leave any feedback regarding the use of OpenSkyX, text of the Terms, or clarify any questions regarding the use of OpenSkyX, the User can contact the support team at the following email address - sales@openskyx.aero

If the User is the right holder and he believes any content on OpenSkyX violates his rights, the User can contact the legal team.