Terms of Service and Conditions

1. Acceptance of Terms

This document sets forth the terms and conditions governing your use of the FlyingOver mobile application and services (the "Services") offered by Comprafy App SAS ("FlyingOver", "we", "us", or "our").

PLEASE READ CAREFULLY BEFORE USING FLYINGOVER. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE FLYINGOVER.

You may only accept these Terms if: (a) you are of legal age to form a binding agreement in your country, or have parental/guardian permission if required; and (b) you are not prohibited from using the Services under applicable laws.

In some countries there may be legal restrictions on the use of flight tracking applications. It is your responsibility to ensure that you comply with all applicable laws in your jurisdiction.

2. The Services

FlyingOver provides a mobile flight tracking application with features including:

• Real-time flight tracking and visualization
• Flight information (schedules, status, gates, terminals, aircraft details, routes)
• Offline map capabilities
• Multi-language support

Services are provided on both a free and paid subscription basis.

3. Free Trial

FlyingOver may provide a free trial period during which you can use premium features of the service. Payment will be charged to your App Store or Google Play account at confirmation of purchase after the free trial ends. Your subscription will automatically renew unless you cancel at least 24 hours before the end of the trial period. You can cancel anytime through your App Store or Google Play account settings.

4. Payment & Refunds

FlyingOver's services are provided through the Apple App Store and Google Play Store on a paid subscription basis. FlyingOver's rates for services are listed in the App and on the App Store/Play Store. FlyingOver reserves the right to modify its rates at any time and/or to offer special promotions.

FlyingOver cannot issue refunds for services - Apple and Google reserve this ability for themselves only. FlyingOver does not send invoices to its customers (since we do not bill you); Apple and Google reserve this ability for themselves only. You have confidential access to your account balance information through the App Store/Play Store. If you have a billing dispute, you must contact the App Store or Play Store to seek a remedy.

5. Cancellation

You may discontinue service at any time by contacting the App Store or Play Store. You will not be entitled to any refund of unused balances if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.

6. Right to Refuse Service

FlyingOver reserves the right to refuse service to anyone, anywhere, anytime, for any reason. Such as, but not limited to: using the app for unintended purposes, tracking an unreasonable number of flights, using an unreasonable amount of resources, or abuse of the terms, as defined solely by FlyingOver at our discretion.

7. Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use FlyingOver and the mobile applications solely in accordance with these Terms.

You may not: collect, use, copy or distribute any portion of FlyingOver; resell, publicly perform or publicly display any portion of the Services; modify or otherwise make any derivative uses of any portion of FlyingOver; use any "deep-link," "page-scrape," "robot," "spider" or other automatic device to access or monitor the Services; use FlyingOver other than for its intended purposes; or use the Services for commercial purposes without our express written consent.

8. Data Sources and Accuracy

8.1 Third-Party Data

FlyingOver displays flight information from various third-party data providers and publicly available sources. This information includes flight schedules, status, gate and terminal assignments, aircraft registration numbers, flight routes, and other flight-related data.

8.2 No Guarantee of Accuracy

YOU ACKNOWLEDGE AND AGREE THAT:

• Flight information may be incomplete, unavailable, delayed, or inaccurate due to factors beyond our control, including third-party data provider limitations, delays, or errors
• The aircraft's position may not be exact and could represent an estimated location based on available tracking data. The map display may include a margin of error.
• It is your responsibility to validate all flight information with your airline before making travel decisions
• FlyingOver is not responsible for missed flights, travel disruptions, or any consequences arising from reliance on the information provided

8.3 Information Provided "As Is"

All information provided through the Services is for informational and entertainment purposes only. The Services must not be used for flight planning, navigation, aviation safety decisions, or any flight-critical or safety-critical purposes.

FlyingOver makes no representations or warranties regarding the accuracy, completeness, timeliness, or reliability of any flight information or data displayed in the Services.

9. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify FlyingOver immediately if you suspect any unauthorized use of your account.

You may not share, sell, transfer, or sublicense your account or access credentials to any third party.

10. Termination

10.1 Termination by FlyingOver

Without limiting other remedies, FlyingOver may suspend or terminate your account and your use of the Services at any time if:

• You are in violation of these Terms
• You are engaged in illegal actions or infringe rights of any third party
• Required by applicable laws/regulations
• You are using FlyingOver as not originally intended
• You are abusing or otherwise causing extreme usage of FlyingOver services or resources
• We decide to cease offering the Services generally

10.2 Effect of Termination

Upon termination of these Terms: (a) all licenses and rights to use the Services shall immediately terminate; (b) you will immediately cease any and all use of the Services. Any termination will not affect your obligations to FlyingOver under these Terms (including proprietary rights, indemnification, and limitation of liability).

11. Changes to Terms and Services

We reserve the right to change or modify these Terms at any time. Any changes will be effective immediately upon posting of revisions in the app or on our website. Your continued use of the Services following the posting of changes constitutes your acceptance of the Terms.

We may modify, suspend, or discontinue any aspect of the Services at any time without notice or liability to users. If you do not agree to any changes, your sole recourse is to stop using the Services.

12. Exclusion of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES ARE PROVIDED "AS IS" AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER.

FlyingOver does not make any warranties, claims or representations and expressly disclaims all warranties of any kind, whether express, implied or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose.

FlyingOver further does not represent or warrant that the Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss.

13. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT FLYINGOVER SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO IMMEDIATELY CEASE USE OF SERVICES.

FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT COMPRAFY APP SAS SHALL NOT BE LIABLE TO YOU for:

• Any indirect, special, incidental or consequential damages
• Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect)
• Any damage to or corruption of data (whether direct or indirect)
• Any missed flights, travel disruptions, or costs incurred due to reliance on flight information
• Any third-party data provider failures or inaccuracies

To the extent permitted by law, FlyingOver's total liability shall not exceed the amount you paid to FlyingOver in the 12 months preceding the claim, or US$100, whichever is greater.

14. Indemnification

If any third party brings a claim against FlyingOver in connection with, or arising out of: your breach of these Terms; your breach of any applicable law or regulation; or your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold FlyingOver harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

15. Privacy and Security

We are committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information in accordance with our Privacy Policy. Please read it carefully before using the Services.

16. Intellectual Property

All intellectual property rights in and to the Services are owned by or licensed to Comprafy App SAS. Nothing in these Terms transfers any such rights to you. You may not use any trademarks, logos, or proprietary content without our prior written consent.

17. Governing Law and Disputes

These Terms shall be governed by and interpreted in accordance with the laws of Argentina without regard to its conflict of laws provisions.

Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Buenos Aires, Argentina.

Before initiating any formal dispute, please contact us at contact@flyingover.app to attempt to resolve the dispute informally.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FlyingOver regarding the Services.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Force Majeure

FlyingOver shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, government actions, internet or telecommunications failures, or third-party service provider failures.

18.5 Children's Privacy

The Services are not directed to children under 13. We do not knowingly collect personal information from children.

18.6 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

18.7 Language

These Terms are drafted in English. In the event of any inconsistency between the English version and any translation, the English version shall prevail.

19. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us:

Comprafy App SAS
Email: contact@flyingover.app
Address: Tucumán 1, floor 1, CABA, Argentina
CUIT: 30-71869092-3
Website: https://comprafyapp.com

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YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.