Agreement to Terms

 

This Terms of Service agreement (the ‘Agreement’) is a legally binding agreement between You as the person utilizing the Site and/or Service (the ‘End-User’, or ‘You’), and ComQuest Ventures LLC (‘CQV’), a company established and registered in San Juan, Puerto Rico, with offices in 1513 Parana St., Urb El Paraiso, San Juan, PR 00926.  You agree that by accessing the SIMNET website (www.simnet.aero; the ‘Site’) and/or web service (SIMNET Designer and/or SIMNET Simulator; the ‘Service’), you have read, understood, and agree to be bound to the terms and conditions set forth in this Agreement.  If you do not agree to the terms and conditions, do not utilize the Service or Site.

 

This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect. This License Agreement shall be governed by, and will be construed under, the Laws of Puerto Rico, without regard to choice of law principles.  Any claims or disputes arising out of or relating to these Terms of Service shall be exclusively brought in the courts located within the Commonwealth of Puerto Rico, and both parties consent to the jurisdiction of such courts.
 

Payment of Service

 

The Service is charged based on a subscription fee which is billed on a specific period (for example, 1, 3, or 12 months) according to the subscription plan purchased by the End-User.  The subscription begins as soon as the End-User’s initial payment is processed, granting access to the Service.  Except if otherwise stated, the plan will automatically renew at the end of each period, automatically charging the payment method on file and sending a payment receipt to the registered email.  The End-User may cancel the subscription plan at any point, stopping the auto-renewal process.  The End-User will maintain access to the Service until the end of the current plan period, at which point the End-User will lose access to the Service and the account will become inactive.  The subscription payment is not refundable.  The data and content of inactive accounts will be maintained for a period of at least 1 year, except if the End-User requests their data to be deleted.  If the End-User renews a subscription during this period, they will regain access to the Service which includes their content.  CQV reserves the right to delete content of inactive accounts after 1 year of inactivity.

 

If taxes are applicable to the purchase, these will be displayed on the checkout page.  If the customer has a valid EU-VAT number, they may enter it in the checkout page and the VAT will not be charged.
 

User Generated Content

 

Your content is Yours. You maintain ownership of and responsibility for Your content and responsibility for Your conduct while using the Service and Site.  You agree that Your content and Your (and Your authorized users) conduct in using the Service and Site will comply with all applicable laws, rules and regulations, and shall not:

1. Breach any applicable local, national or international law or regulation

2. Breach any copyright law

3. Knowingly 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

4. Upload any unlawful, offensive, profane, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material

5. Attempt to gain access to other computer systems

6. Interfere with anyone else’s enjoyment of the Site or Service

7. Interfere with or disrupt networks or websites connected to the Site or Service
    

By creating, submitting, posting or otherwise making Your content available to CQV and/or others, you acknowledge and agree that:  (1) You will evaluate and bear all risks associated with Your Content; and (2) under no circumstances will CQV Parties be liable in any way for Your content as You upload or submit it, including, but not limited to any errors or omissions.  You are encouraged to practice effective content retention practices, to maintain copies on Your own computer or local network, to use the latest encryption and other security technology to protect Your Content and to back up and protect the security and confidentiality of Your Content, as applicable to the Service.  CQV personnel will not access Your Content except (a) as part of providing, maintaining, securing or modifying Services, (b) at Your request or with Your consent as part of addressing or preventing a service, support or technical issue, or (c) in connection with legal obligations or proceedings.   Use of Your Personal Information will be as set forth in the Privacy Statement.  CQV does not own Your Content.  You acknowledge that provision of the Service necessarily involves technical access, processing and transmission of Your Content and Metrics related to use of the Service.

 

Data Protection and Privacy

 

We take protecting End-User data and privacy as our top priority, and follow strict guidelines and procedures to do so, which are described in the Security and Privacy Policy documents which can be accessed through the Site’s homepage.  By using the Site and Service, you agree to the Privacy Policy, which is incorporated into this Agreement.

 

Please be advised that the Service is hosted in the United States.  Through use of the Site and Service you agree that Your data will be transferred and processed in the United States.

 

Acceptable Use

 

The Site and Service are intended for users who are at least 18 years old.  By using the Site and/or Service you certify you are at least 18 years old.

 

Due to export control considerations, the Service will not work on certain countries.  If this is the case, the user will be notified when entering the SIMNET Workspace and access will be denied.  The End-User agrees not to use any methods to circumvent these restrictions.  The End-User also agrees not to use the Site or Service from within Cuba, Irak, North Korea, Russia, the Crimea region of Ukraine, Iran, Syria, China, Russia, Venezuela or any country under United States embargo.  The service may also be denied to certain end-users, to comply with export control regulations.

 

The Service is offered for educational, academic and/or commercial use.  By using the Service, You agree it will not be used for military-specific applications.

 

Intellectual Property

 

All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code from the Site and Service (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Site and Service is owned by or licensed to CQV. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

Except with CQV's express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Site or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.

You may display, copy and download Content from the Site and Service solely for Your personal and non­-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.

​

Limitation of Liability

​

The Service relies on a variety of analysis and simulation algorithms to provide predictions which include aircraft flight performance and flight dynamic predictions.  Great effort is put into crafting, implementing, testing and updating these algorithms to make them provide accurate predictions.  However, CQV cannot guarantee the accuracy of the results for any arbitrary aircraft design, in part due to the vast range of possible aircraft designs that can be modelled within the Service.  Thus, all predictions and results provided may deviate from reality, and must be verified through other means before use.

 

(a) You expressly agree that use of the Site and Service is at Your sole risk. CQV, its other affiliates nor any of their respective employees, agents, third party content providers, third-party service providers or licensors do not warrant that use of the Site and Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site and Service, nor as to the accuracy, reliability or content of any information, service, or merchandise provided through these.

 

(b) You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to Your systems or operations. While CQV will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that CQV does not guarantee that such events will not take place. CQV will not be liable for any such occurrences.

(c) You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold CQV harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.

(d) The Site and Service are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.

 

(e) To the fullest extent permissible by applicable law, in no event shall CQV, or its future parent or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the websites or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Site or Service, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the websites. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if CQV or future parent or affiliated companies have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that CQV or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the websites or any other third parties.

 

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

​

Force Majeure

 

CQV cannot be held liable in the following circumstances, which are non-exhaustive examples of situations that are beyond the reasonable control of CQV whenever CQV is prevented from fulfilling its obligations: war, fire, flood, strike or other labor disturbance, acts of any governmental body, explosion, power shortage.

The overall conditions of force majeure under ordinary law are applicable in order to determine if the notion ‘a circumstance beyond reasonable control’ is fulfilled.

CQV will automatically be exempted from its obligations whenever the force majeure is of a lasting nature.

​

Term and Termination

​

CQV may terminate this Agreement, and limit access to the Site or Service at any time should you fail to comply with the terms of this License Agreement.  

​

Modifications and Updates

 

We reserve the right to make changes to this Agreement at any time and for any reason.  We will alert you of changes by updating the ‘Last Updated’ date of these terms of use, and you waive any right to receive notice of such changes.  It is Your responsibility to periodically review these Terms of Service to stay informed on updates.  By using the Site and/or Service, you are deemed to be aware and have accepted the Agreement.