License fee is calculated every month, based on the pricing model applicable on the 1st day of the month. The current pricing model and actual prices are provided separately by FlightLogger as Schedule A. All prices are exclusive of taxes (VAT or otherwise), which may or may not be added to the price, depending on applicable law and Customer's legal residence.

FlightLogger may once per year increase your License Fee up to our then-current list price. If this increase applies to you, we will notify you at least thirty (30) days in advance and the increased fees will apply at the start of the following billing month. If you do not agree to this increase, either party can choose to terminate your subscription according to our Standard SaaS Agreement.

Invoices are delivered to the e-mail address provided by Customer as "invoice e-mail" in the administration module of the Service. Invoices are delivered no later than the second Business Day of each month. Customer is responsible for ensuring that the provided "invoice e-mail" is correct at any time.

Any objections regarding an invoice must be sent to support@flightlogger.net no later than the 10th Business Day of the month, or – if the 10th is not a Business Day, the last Business Day before the 10th of the month.

Unless otherwise agreed, payment will automatically be charged on the 10th of the month to the credit card inserted by Customer in the FlightLogger Platform. Customer is responsible for ensuring that the credit card information is valid at any time.

Customer explicitly authorizes FlightLogger to continue billing the credit card on file with FlightLogger (or alternatively sending invoices) for as long as Customer continues using the Service, and in the event that the credit card on file with FlightLogger is invalid for payment for any reason, then Customer remains responsible for any unpaid amounts including handling fees.

FlightLogger charges a handling fee of EUR 100 per invoice for any payments made by other methods than automatic credit card payment as described above.

In case of other payment methods, it is the responsibility of the customer to send documentation of such payment no later than the 10th of the month to support@flightlogger.net

If an automatic payment by credit card is not successful or documentation of other payment method is not received, FlightLogger will notify Customer by e-mail and attempt to process the charge each following day until the charge is successful. If the payment is still not successful after 10 days, FlightLogger will charge a late payment fee of EUR 50, which will be added to the next invoice.

If an undisputed invoice is not paid by the 1st of the following calendar month, the account will be disabled upon written notice to the Customer, meaning that Customer will no longer be able to access the Service. The account will – at Customer's request – be re-enabled when all open invoices are paid. FlightLogger reserves the right to charge a re-activation fee to re-open the account, upon written notice to the Customer.

Subject to payment of applicable fees, Customer is granted a non-exclusive, non-transferable, non-sublicensable, worldwide license to use the Service, solely for Customer's own internal business purposes and in accordance with these Terms and Conditions. All rights not expressly granted are reserved by FlightLogger.

The Service may not be used in any way that is illegal or promotes illegal activities or in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or is otherwise indecent or in conflict with these Terms and Conditions.

Without limiting the foregoing provisions, it is prohibited for Customer – with or without assistance from others – to:

1. resell, assign, transfer, distribute or provide others with access to the Service;

2. "frame", "mirror" or serve any of the Service on any web server or other computer server over the Internet or any other network;

3. copy, alter, modify, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Service; or

4. alter, remove or tamper with any trademarks, any patent or copyright notices, or any confidentiality legend or notice, or any numbers, or other means of identification used on or in relation to the Service.

Customer acknowledges that providing access to the Service to any entity whose business is to develop and market software, data and services for external commercial sale and distribution in direct competition with the Service, is de facto a material breach of these Terms and Conditions.

Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet "links" to the Service or "frame" or "mirror" any content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

Customer may use the Service only for Customer's internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (v) attempt to gain unauthorized access to the Service or its related systems or networks; or (vi) use the Service, including the content, our Intellectual Property Rights, FlightLogger technology and our trademarks and service marks for any commercial purposes (i.e. soliciting customers, resale, etc.) without our prior written consent.

Access to the Service is available at individual subdomains of FlightLogger.net.

FlightLogger supports both full and mobile webpage formats. Upon entering into a contract with Customer, FlightLogger will provide Customer with a username and password for accessing the Service.

Usernames and passwords are personal and are to be considered part of Confidential Information.

Customer is at all times fully liable for all acts and omissions by Authorized Users and agrees to indemnify FlightLogger for all claims and losses related to such acts and omissions in accordance with these Terms & Conditions.

FlightLogger will at all times reasonably attempt to achieve the highest possible availability and shortest possible access time of the Service, but no warranties of any kind, regarding any specific availability or time of access are granted.

Customer is responsible for all activity occurring on Customer's account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.

Furthermore, it is Customer's own responsibility to ensure Customer can fulfil the regulatory requirement when it comes to keeping a record of historical training data.

Customer shall: (i) notify FlightLogger immediately of any unauthorized use of any password or user account or any other known or suspected breach of security; (ii) report to FlightLogger immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by Customer to violate these Terms and Conditions or the intellectual property rights of third parties; and (iii) not impersonate another FlightLogger user or provide false identity information to gain access to or use the Service. By accessing the Service, users represent and warrant that they have not falsely identified themselves nor provided any false information to gain access to the Service.

Any acts or omissions by Authorized Users shall be considered the acts or omissions of Customer.

FlightLogger does not own any data, information or material that Customer submits to the Service in the course of using the Service ('Uploaded Data').

Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Uploaded Data that Customer submits. FlightLogger shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded Data.

If FlightLogger on its own or through any third party has noticed that Uploaded Data stored by Customer is in violation of any law or infringes third party rights, FlightLogger shall have the unfettered right to - without liability to Customer - immediately suspend access to such data without prior notice. Customer may be notified by FlightLogger of any such action under this Section, when reasonable and possible.

For all accounts, the administrator shall have control over all applicable Uploaded Data submitted to the Service, and all Uploaded Data will be deemed to be owned by and the property of the applicable employer. Upon request by the applicable administrator, FlightLogger may remove, modify, edit or otherwise alter any applicable Uploaded Data.

In terms of data protection, FlightLogger shall be considered a data processor (as defined in GDPR), and Customer shall be considered data controller (as defined in GDPR) for any personal information processed on behalf of the Customer in connection with the Service.

FlightLogger's processing of personal data on behalf of Customer shall be governed in a separate Data Processing Agreement.

For personal data collected by FlightLogger in order to be able to provide the Service to Customer, FlightLogger shall be considered a data controller in terms of GDPR and shall maintain such data according to Schedule C - Data Processing Agreement, which may be found at https://FlightLogger.net/dpa

FlightLogger alone (and its successor or assigns, or its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the FlightLogger technology, the content, except for Uploaded Data, and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Service.

These Terms and Conditions do not convey to Customer any rights of ownership in or related to the Service, FlightLogger technology, or Intellectual Property Rights. The FlightLogger name, the FlightLogger logo, and the product names associated with the Service are trademarks of FlightLogger or its affiliated companies, and no right or license is granted to use them.

All copyrights and/or other Intellectual Property Rights, title and interests in a) software on which the Service is based and made available, b) source codes or other software components of the Service, c) content of the website FlightLogger.net and the Service including text and graphics but excluding Uploaded Data, d) trademarks, names etc. are the sole property of FlightLogger and its affiliated companies, and/or third parties having granted FlightLogger license for its use, and Customer shall gain no rights to said Intellectual Property Rights other than the limited right of use as stipulated in these Terms and Conditions. This includes any modifications or additions to the Service that is implemented on request of Customer, whether the development cost is paid for Customer or not.

Customer shall not reproduce or redistribute any software, content or trademarks, intellectual property in any form, except as allowed in these Terms and Conditions.

Customer retains all intellectual property rights to Uploaded Data stored by Customer on the Service.

FlightLogger agrees to defend the Customer against, or settle, any demands, claims, causes of action, suits and proceedings ("IP Claims") against the Customer brought by a third party alleging that the Service, to the extent used in accordance with documentation, infringes or misappropriates such third party's intellectual property rights in the territory and during the term where the Service is utilized by the Customer in accordance with the Agreement, and FlightLogger agrees to indemnify and hold harmless the Customer from any damages, legal costs and reasonable expenses finally awarded against the Customer, or the amounts payable by the Customer under a settlement, as a result of such IP Claim against the Customer; provided that the Customer promptly gives FlightLogger a written notice of such IP Claim, gives FlightLogger sole control of the defense, and provides FlightLogger with reasonable and timely assistance at FlightLogger's expense. Upon becoming aware of any such IP Claim, FlightLogger may, at its option and expense, either: (i) obtain for Customer the right to continue to use Service; (ii) replace or modify the Service so it becomes non infringing; or (iii) if FlightLogger determines that the resolutions described in items (i) and (ii) are not commercially practicable, then terminate this Agreement and the licenses granted hereunder with prior written notice to the Customer and refund to the Customer the price paid for its license; provided that if the license was procured on a subscription basis, then FlightLogger shall solely refund to the Customer any prepaid but not used subscription fees. This section sets out FlightLogger's entire liability and the Customer's sole remedy with respect to any Claims concerning infringement or misappropriation of third-party intellectual property rights.

The Customer agrees to defend FlightLogger against, or settle, any Claims against FlightLogger brought by a third party and that arises from the Customer's breach of this Agreement; and the Customer agrees to indemnify and hold harmless FlightLogger from any damages, legal costs and reasonable expenses finally awarded against Supplier, or the amounts payable by FlightLogger under a settlement, as a result of such Claim against FlightLogger, provided that FlightLogger promptly gives the Customer a written notice of such Claim, gives the Customer sole control of the defense, and provides the Customer with reasonable and timely assistance at the Customer's expense.

FlightLogger warrants that (i) any services provided hereunder will be performed in a professional and workmanlike manner; (ii) the Service will perform substantially in accordance with the applicable descriptions and instructional videos on https://flightlogger.net under normal use and circumstances; and, (iii) the functionality of the Service will not be materially decreased during the term.

FlightLogger's entire liability and Customer's exclusive remedy under this warranty will be, at the sole option of FlightLogger and subject to applicable law, to provide restored service(s) which conforms to these warranties or to terminate the Service.

Customer shall defend, indemnify and hold FlightLogger, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Service or any Uploaded Data has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by Customer including Customer's representations and warranties made herein; or (iii) a claim arising from the breach by Customer, including any of Customer's Authorized Users of these Terms and Conditions.

FlightLogger and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content.

FlightLogger and its licensors do not represent or warrant that (a) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet Customer's requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by Customer through the Service will meet Customer's requirements or expectations, (e) errors or defects will be corrected, or (f) the Service or the server(s) that make the Service available are free of viruses or other harmful components.

The Service and all content is made available strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by FlightLogger and its licensors.

FlightLogger is not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and other problems inherent in the use of the internet and electronic communications.

In no event shall either party be liable for any indirect, special, consequential or incidental loss, exemplary or other damages related to these Terms and Conditions or whether direct or indirect: (i) loss of data, (ii) loss of income, (iii) loss of opportunity, (iv) lost profits, and (v) costs of recovery or any other damages, however caused and based on any theory of liability, and including, but not limited to, breach of contract, tort (including negligence), statute, or otherwise.

To the maximum extent permitted by applicable law, FlightLogger's total aggregate liability per contract year shall be limited to an amount equal to one (1) year's Annual Recurring Revenue (ARR) under the applicable agreement.

Nothing in this clause 15 excludes or limits either Party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Neither Party will be responsible for any delay, interruption or other failure to perform under these Terms and Conditions due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include but are not limited to natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a Party.

Customer may cancel the Service at any time by contacting FlightLogger by email or phone. The cancellation will be effective from the end of the current month, which will be invoiced and must be paid as usual.

If either Party is in material breach of these Terms and Conditions and/or the Agreement and fails to remedy or persists to be in breach after 10 Business Days of having been required in writing to remedy or desist, the other Party is entitled to terminate the Agreement for cause by providing 10 Business Days' prior written notice to the breaching Party a written notice.

FlightLogger may terminate the Agreement at any time at its sole discretion with a notification period of 30 days from the end of a month.

For the avoidance of doubt, any termination by either of the parties or the expiry of the term of these Terms and Conditions shall only have effect for the future and shall have no retroactive effects. Notwithstanding the above, the rights and obligations in Sections 3, 4, 10, 11 and 12-16 shall stay in full force and effect after said expiry or termination of these Terms and Conditions.

Customer agrees and acknowledges that FlightLogger has no obligation to retain the Uploaded Data after Expiry of the Agreement, and that Upload Data therefore may be deleted without further notice upon Expiry of the Agreement. If the Customer requires FlightLogger to assist in restoring Uploaded Data that has been deleted due to Expiry of the Agreement, if such recovery is possible, FlightLogger will be entitled to payment, at FlightLogger's standard rates, for such work.

Any notice or other communication must be in writing and in English.

Customer shall send any notice to FlightLogger's contact representative as set out in the Agreement or as notified to Customer by FlightLogger from time to time.

FlightLogger may give notice by means of a general notice on the Service, electronic mail to Customer's e-mail address on record in FlightLogger's account information, or by written communication sent by first class mail or pre-paid post to Customer's address on record in FlightLogger's account information.

Such notice shall be deemed to have been given upon the expiration of 5 Business Days after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).

Unless expressly authorized in writing by the other Party, neither Party shall disclose to any third party any Confidential Information of the other Party, nor use such Confidential Information in any manner other than to perform its obligations under the Agreement. Confidential Information means any non-public information and/or materials provided by a Party under these Terms and Conditions to the other Party and reasonably understood to be confidential.

The foregoing restrictions do not apply to any information that (i) is publicly disclosed through no fault of the receiving Party, (ii) is already lawfully in the receiving Party's possession and not subject to a confidentiality obligation to the disclosing Party, (iii) becomes known to the receiving Party from a third party having an apparent bona fide right to disclose the information, or (iv) is Confidential Information that the receiving Party is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative subpoena, provided receiving Party supplies disclosing Party with timely notice of such court order or subpoena. Furthermore, Customer will keep in confidence all passwords and/or other access information related to the Service and will require its Authorized Users to do so as well.

These terms and conditions and any agreement governed by these terms and conditions are governed by the Laws of Denmark, and with the courts of Denmark as the exclusive venue for any proceedings.

FlightLogger, in its sole discretion, reserves the right to revise, update and change these Terms and Conditions from time to time. Customers will be notified of such changes no later than one month before the update/change will take effect.

Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to these Terms and Conditions.

The at any time most current version of these Terms and Conditions is available at https://FlightLogger.net/tc.