Terms and conditions
Version 2.2, last updated 11 January 2022
- These terms
- What these terms cover. These are the terms and conditions on which we make the Service available to you, and on which you may use the Service.
- Why you should read them. Please read these terms carefully before using the Service or making any purchase. These terms tell you who we are, how we will make the Service available to you, how we may change the Service and these terms, how we each may end this Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
- In particular you should read and understand the usage restrictions (clause 6), disclaimers (clause 7), and limits and exclusions of our liability to you (clauses 15).
- This is our entire agreement with you. These terms together with the Privacy Notice constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
Acceptable Use Policy: the terms set out under the heading at clause 18.
Agreement: these terms.
Contribution: has the meaning given in clause 18.4.
In-App Purchases: additional capability, functionality or features described as being available on our website from time to time and may result in a specific payment.
Market Countries: the countries listed in Appendix which may be updated from time to time.
Organisation(s): a closed team environment within the Service, which enables an user (the “Organisation Owner”) to purchase 'seats' and invite other users (“Collaborators”) to collaborate on projects and missions.
Restricted Countries: (a) Cuba, Democratic Republic of Congo, Iran, North Korea, Sudan, South Sudan, Russia, Somalia, Syria, Ukraine, and Zimbabwe; and (b) any other country or territory which is subject to EU, UN or USA sanctions that would apply to the Service.
Service: a supply of digital services, comprising the Standard Service and any In-App Purchases you have purchased or for which you have a valid paid Subscription, including the site on which they are hosted.
Standard Service: the part of the Service that is made generally available free of charge.
Subscription: an ongoing subscription for one or more In-App Purchases, which may be monthly or annually, or for some other period, as shown on our website from time to time.
VAT: value added tax, goods and services tax, or similar sales tax.
- Information about us and how to contact us
- Who we are. We are Thales AVS France SAS ("Thales", "we", "us") a company registered in France. Our company registration number is SIREN 61203945 and our registered office and trading address is at 75-77 Avenue Marcel Dassault 33700 MERIGNAC, France. Our registered VAT number is FR65612039495.
- How to contact us. You can contact us through the relevant link in the Service, by email at firstname.lastname@example.org or by writing to us at SCALEFLYT, Thales AVS France, 75-77 Avenue Marcel Dassault 33700 MERIGNAC, France.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
- Purchases for In-App Purchases and Subscriptions come into effect when you place a valid order and we send a confirmation.
- Business counterparty. Where a business name or VAT number is validly entered in relation to an order that purchase shall constitute a contract, on the terms of this Agreement, between us and the relevant business which may be in addition to any pre-existing or other contract between us and an individual user connected with that business.
- Registration and your account
- You represent and warrant to us:
- that you are legally capable of entering contracts;
- if you are entering into this Agreement on behalf of a company or other entity, that have legal authority to act on behalf of and bind that entity;
- that the home country, address, and any billing information which you have provided are true and accurate;
- if you make any purchase, that you are authorised to use any VAT (or equivalent) number you have provided;
- that you are not ordinarily resident in, and will not access or use the Service from, a Restricted Country;
- that you (by any name) are not on any list of persons and entities subject to any export control restrictions or sanctions maintained by any government or authority, that you do not represent any such person or entity, and that no such person or entity is indirectly involved in or would benefit from your use of the Service;
- if you make any purchase, that you are not restricted from doing so by any applicable sanction or export restriction; and
- that you are not acting, and will not act, on behalf of any military or para-military organisation and will not use the Service for any military or para-military purpose.
- Only one account per person email address is permitted.
- In-App Purchases and Subscriptions are directed only to registered customers with a billing address in a Market Country.
- The Service is not available to anyone located in or ordinarily resident in any Restricted Country.
- If any of these warranties and representations is untrue or inaccurate you indemnify us in accordance with clause 8. We may also cancel any or all Subscriptions and/or end this Agreement (ie. delete your account) in accordance with clause 11.
- The Service is optimised for Google Chrome.
- You represent and warrant to us:
- Our rights to make changes
- Changes to the Service. We may change, discontinue or suspend all or any part of the Service without notice. Where we do this in respect of an In-App Purchase for which you have a paid-for Subscription, you may have a right to cancel and part-refund in accordance with clause 10.
- Changes to these terms. We may change these terms and/or the Privacy Notice at any time by posting the revised version to our website or otherwise communicating to you. Where the change reduces the benefit you would receive from the Service, you may then contact us to cancel any affected Subscription or end this Agreement (ie. delete your account) before the changes take effect and receive a refund for any remaining part of a cancelled Subscription.
- Use Restrictions
- The Service is for non-military, civil and commercial use only.
- You must abide by all applicable law and regulations including but not limited to those concerning export controls or the prevention of risks of corruption and influence peddling and in particular French law n° 2016-1691 of 9 December 2016 relating to transparency fight against corruption and modernization of the economy ("Sapin II Law").
- You must not use the Service to plan or conduct any b eyond visual line-of-sight (BVLOS) flights unless you have received all necessary approvals and permissions, including those from your local aviation authority / airspace regulator (or similar body) and have additionally agreed special exemption from this restriction with us.
- You must not use the Service to plan or conduct any flights in any territory which is an active conflict zone or where civilian UAS (Unmanned Air System) /drone operation is not permitted by law.
- You must not plan or conduct flights in any restricted airspace, for example (but not limited to) near an airport, prison, or military facility, without all required permissions.
- You must not use the Service in such a way as to risk death, personal injury, or environmental or property damage.
- Except to the extent caused by our breach of this Agreement (a) you are responsible for all use of your account regardless of whether or not actually by or authorised by you, and (b) we are not responsible for unauthorised access. You agree not to share your account or password with any other person.
- If you do not comply with this clause 6 you indemnify us in accordance with clause 8. We may also cancel any or all Subscriptions and/or In-App Purchases, and/or end this Agreement (ie. delete your account) in accordance with clause 11, and/or restrict the Service in accordance with clause 18.
- The information advisory part of the Service consists of aggregating data from third party providers, including maps, weather, and other circumstances relevant to aerial operations. We do not warrant, and we accept no responsibility or liability for checking or validating, the accuracy or integrity or completeness of the data.
- The data are intended to help supplement, and not to replace, your normal flight planning due diligence as a pilot. Safe operation of your aircraft is ultimately your responsibility and no element of the Service should be relied upon or otherwise treated as aeronautical navigation data. Data must not be transferred to any flight computer, or used for air traffic control or other safety critical applications.
- You recognise that you remain fully responsible for the safe and diligent piloting of any aircraft under your control at all times. It is your responsibility to verify and take into account the actual weather conditions, environmental factors, regulatory restrictions and other situational awareness considerations before conducting any flight. You acknowledge that there may be man-made or natural obstacles that are not visible on maps. Data provided by the Service is for indicative guidance only and is not a substitute for visual observation and situational awareness of actual conditions at the time of flight.
- Notices to Airmen (NOTAMs) may be issued or revised in the period between planning and executing a flight. Always check with the relevant aviation authorities for formal confirmation of NOTAMs information if you are in any doubt.
- You understand and agree that you must obtain all relevant permissions and authorisations to fly in the area you have planned to and that you must comply with all applicable local regulations and legislation. The Service does not grant or constitute flight approval.
- The Service is made available on the basis that users in an Organisation (or similar community feature) are already known to each other. We do not make introductions between users or in any way act as agent, intermediary, or otherwise on their behalf. You acknowledge that you must have the permission of any individual that you invite to join your Organisation (or similar community feature) and that where you provide such individual’s email address, you have their consent to do so.
- All implied warranties and other terms are excluded in accordance with clause 4.
- We shall not in any way be held liable for any breach of our obligations that is attributable to you. We will also not be liable for any breach attributable to an unforeseeable and insurmountable event of a third party.
- Customer indemnity
You indemnify and hold harmless us and our Affiliate Companies from and against any and all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us or our Affiliate Companies arising out of or in connection with:
- your use or mis-use of the Service;
- your breach of any provision of this Agreement including without limitation the Acceptable Use Policy, the warranties at clause 4 and 2, and the restrictions in clause 6;
- your negligence; and/or
- fraudulent conduct.
- Providing the Service
- When we will make the Service available. We will use reasonable endeavours to make the Service always available subject to any planned downtime and to any suspension or interruption as described in this clause 9.
- Reasons we may suspend/interrupt the Service. Other than as a result of a breach or suspected breach of our Acceptable Use Policy (dealt with separately under clause 18), we may have to suspend the Service (or part of the Service):
- to deal with technical problems or make technical changes;
- to maintain the Service or the systems it relies upon;
- to update the Service to reflect changes in relevant laws and regulatory requirements;
- to make changes to the Service as requested by you or notified by us to you ; and/or
- for reasons outside of our control (for example, but not limited to, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centres, including at your site or between your site and our data centre).
- Your rights if we suspend the Service. We will contact you to tell you we will be suspending the Service, unless the problem is urgent or an emergency or a reason outside our control. If we have to suspend the Service for longer than seven (7) days in a row, or for more than 168 non-continuous hours in any 28-day period and if you have a Subscription, we will on request apply a credit against your next invoice for an amount (2x) proportionate to the part of the price of your affected Subscription and the suspension period, but no more than the total amount paid for the Subscription. However, the amount of credit cannot exceed the total amount that you have paid for the subcription.
- Where another user pays for an In-App Purchase or Subscription on their account and you receive the benefit, you have no rights in relation to that In-App Purchase or Subscription.
- Your rights to cancel a purchase or delete your account
- Cancelling a purchase. Your rights when you cancel a purchase will depend on why and when you decide to cancel:
- If what you have bought is defective or mis-described you may have a legal right to cancel.
- If you want to cancel because of something we have done or have told you we are going to do, see clause 2.
- In all other cases (if we are not at fault), see clause 3.
- Cancelling because of something we have done or are going to do. If you are cancelling for a reason set out at (a) to (b) below the Subscription or In-App Purchase will end immediately and we will refund you in full for the unexpired part of the Subscription or unused part of the In-App Purchase. The reasons are:
- we have told you about an upcoming change to the Service or these terms which you do not agree to (see clause 5);
- we have told you about an error in the price or description of the In-App Purchase or Subscription you have purchased and you do not wish to proceed to use the Service;
- we have suspended the entire Service or a substantial part of the Service for technical or reasons of events outside our control, or notify you we are going to suspend it for technical reasons, in each case for a period of more than stated in clause 3; or
- you have a legal right to cancel because of something we have done wrong.
- Deleting your account
- Deleting your solo account. To delete your account, please let us know by contacting us through the "contact us" link within the Service. Upon account deletion you will no longer have access and any Subscriptions and In-App Purchases will cease. This will be without refund unless you were already entitled to a refund under these terms. If you are entitled to a refund, your refund will be processed as soon as possible, but in any case no later than 14 days from your cancellation request.
- Deletion of an Organisation. Where you are an Organisation Owner and you delete your account, your Organisation will also be deleted. Any Contribution to your Organisation by you or your Collaborators will also be deleted. Members of the deleted Organisation will receive a notification within the Services stating that they are no longer a member of the Organisation.
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the relevant In-App Purchase or Subscription, by the same method you used for payment. However, we may make deductions, as described below. For the avoidance of doubt, no refund shall be greater than the amount you have paid for the relevant In-App Purchase or Subscription.
- When your refund will be made. We will make any refunds due to you as soon as possible, and in any event within 14 days of your telling us you have changed your mind or cancelled.
- Fair use. If you have previously purchased a Subscription or In-App Purchase then changed your mind and received a refund, we reserve the right not to accept subsequent orders in relation to the same or different Subscription or In-App Purchases.
- Cancelling a purchase. Your rights when you cancel a purchase will depend on why and when you decide to cancel:
- Our rights to end this Agreement
- We may end a Subscription/Service if you break this Agreement. We may cancel any Subscription or end this Agreement (ie. delete your account) at any time by contacting to you if:
- you do not make any payment to us when it is due and you still do not make payment within thirty (30) days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service;
- you use the Service in a manner contrary to clause 6;
- you do not comply with the Acceptable Use Policy to clause 18;
- any of the information provided to us during account registration or any transaction/purchase is incorrect or incomplete;
- any of warranties in clause 4 is untrue;
- it becomes unlawful under any applicable law to provide you with the Service or any part thereof.
- We may end a Subscription/Service if you break this Agreement. We may cancel any Subscription or end this Agreement (ie. delete your account) at any time by contacting to you if:
This is in addition to, and does not limit, our rights to restrict the Service and your use of it or particular features as described in clause 18 (Acceptable Use Policy). It is also in addition to any rights or remedies we may have under applicable law.
- You must compensate us if you break this Agreement. If we cancel a Subscription or In-App Purchase or end this Agreement (ie. delete your account) in the situations set out in clause 1 , we may deduct or charge you an amount as compensation for the net losses, costs, charges, and/or expenses we will incur, or that we reasonably estimate we may incur, as a direct or indirect result of your breaking this Agreement and/or of the Subscription or In-App Purchase or contract ending. This is in addition to your liability under the indemnity at clause 8 above.
- We may withdraw the Service. We may contact you to let you know that we are going to stop providing the Service either in full or in particular countries. We will try to let you know with reasonable notice taking into account the duration of the Service provided and at least at least three (3) months before the normal term of your current Subscriptions. The Services will cease to be provided on the date of the normal term of your Subscription.
- If there is a problem with the Service
How to tell us about problems. If you have any questions or complaints about the Service, please contact us:
- via email or post, as described in clause 2; or
- via the SCALEFLYT Service. You can access a “Contact Us” section located on the “Help” page within the Service.
- If you encounter behaviour which breaches our Acceptable Use Policy or Content Standards (see Clause 18), you can report this behaviour to us via the “Report Inappropriate Content” section located on the “Help” page within the Service.
- Your rights in respect of defective products
Your rights are limited to a refund of an amount equal to the price paid for the defective part of the Service.
- Price and payment
- Where to find the price. The price will be the price indicated on the order pages when you placed your order. Unless stated otherwise it will be shown including any VAT according to the law and regulations of the country where the transaction is subject to tax. Prices are displayed in a currency depending on your home country associated with your account.
- How you must pay. We accept payment with Visa Credit, Mastercard Credit, American Express, and such other methods shown on our website from time to time. Generally, only cards issued in Market Countries are accepted. The transaction is immediately charged to your card after verification, upon receipt of the debit authorization from the card issuer. The commitment to pay is irrevocable. By providing information about his credit card, you authorize us to debit his credit card the amount corresponding to the price.
- When you must pay. Certain In-App Purchases may be made available on a non-recurring payment basis and you must pay the full price before the relevant In-App Purchase is made available. For Subscriptions payment will generally be charged upon our confirmation. Subscriptions may also be made available for a free trial period, in which case payment will be charged when the period ends. Trial periods start from confirmation and generally run for 14 days unless we indicate otherwise. Your Subscription will renew automatically and will be charged each month or year (or other applicable period) as the case may be. Renewal payment will be charged on each anniversary or the same (as near as possible) day of the month (1st, 2nd, 3rd, etc), as applicable.
- Price changes. We may change the price for a Subscription for the future as of the next renewal to reflect the FR retail prices index (RPI) or other relevant index and currency exchange rates. We may also change the price for a Subscription for other business reasons. In either case we will contact you in advance to tell you about any price increase, and we will try to do so at least 30 days in advance, so that you can, if necessary, notify us of your intention not to renew your Subscription(s). If you do not cancel, the adjusted price will be charged on the next renewal date.
- Our right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction, or withholding.
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of five percent (5%) a year above the base lending rate of the European Central Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you
- Subject to clause 2:
- We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of contracts, loss of opportunity, loss of reputation, loss or corruption of data, or any indirect or consequential loss of any type whatsoever, in each case arising under or in connection with any contract between us; and
- As the Standard Service is available free of charge, we shall have no liability to you for any losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, in relation to the Standard Service or your use thereof; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in any 12-month period be limited to the greater of 57 Euros and one hundred per cent (100%) of the total sums paid by you for the Service in such 12-month period (less any refunds).
- Subject to clause 2:
You acknowledge that this is fair and reasonable.
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Personal information and other data
- We will use your personal information only as set out in our Privacy Notice.
- You may continue to access certain features of the Service without providing any information, however, in order to use all features of our Service you must provide us with a certain amount of information. You may withhold such information, however you recognise that this may substantially or entirely prevent you from using certain features within our Service.
- Where you have provided personal data concerning pilots or other individuals you warrant that you have all necessary consents to have done so.
- Data other than personal data: In relation to data or information in whatever form collected through or stored in the Service, other than personal data ("Non-Personal Data"), you acknowledge that (to the extent possible) we own such data and (to the extent ownership is not possible) we enjoy all possible rights in respect of or in connection with such Non-Personal Data including:
- ownership of any intellectual property rights of any type whatsoever subsisting in respect of the same;
- the right to store on our systems and systems operated by third parties on our behalf;
- the rights to access and view, to combine and to aggregate (wholly or in part) with other data or information, to adapt, to exploit, and to distribute.
- Intellectual Property
- The Service includes images, text and other material which is protected by copyright and similar legal protections. You are permitted to access and use the Service subject to and in accordance with these terms including the Acceptable Use Policy. This permission does not include the right to transfer or grant similar rights to any third party.
- SCALEFLYT is registered as international word trademark.
- Some elements of the Service are subject to open source licences which are acknowledged in-situ in the appropriate part of the Service and/or below:
- OpenStreetMap® is open data, licensed under the Open Data Commons Open Database License (ODbL) by the OpenStreetMap Foundation (OSMF).
- Acceptable Use Policy
- You may use the Service only for lawful purposes.
- You may not use the Service:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (such as creating a false identity or attempting to mislead others of your identity or the origin of any communication);
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (set out below);
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly store, distribute or 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;
- through any bots, spiders, crawlers, or other automated programs;
- through a virtual private network, proxy, or other IP-spoofing system, where the object or effect is to conceal a breach of this Agreement or circumvent a technical restriction on the Service;
- in order to build a product or service which competes with the Service;
- as part of any other service, nor may you use any output of the Service to power, support, integrate or connect with another service (without our written prior agreement); and
- in excess of any agreed prescribed quotas (such as data usage limits, storage capacity or number of concurrent connections), or, where no prescribed quotas are agreed, in a manner that may damage or overburden the Service or interfere with others’ use of the Service.
- You also agree:
- to use reasonable endeavours to prevent any unauthorised access to, or use of, the Service and notify us promptly of any such unauthorised access or use;
- not to share your account password;
- not to abuse the "cooling-off" period by repeatedly buying and cancelling a Subscription or In-App Purchase;
- not to reproduce, duplicate, copy or re-sell any part of the Service in contravention of the provisions of these terms;
- not to access without authority, interfere with, damage or disrupt:
- any part of the Service;
- any equipment or network on which the Service is stored;
- any software used in the provision of the Service; or
- any equipment or network or software owned or used by any third party; and
- except as may be allowed by any applicable law which is incapable of exclusion by agreement between you and us and except to the extent expressly permitted under this Agreement or by any specific feature within the Service:
- not to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service or the software on which it runs or the screen images it displays (as applicable) in any form or media or by any means; or
- not to attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service or the software on which it runs; or
- not to extract, export, scrape, or cache any content of the Service for use outside the Service; or
- not to create content based on the content of the Service; or
- not to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party without our prior written agreement.
- “Contribution" means any and all material (whether text, image, video or audio) which you upload, enter, store or otherwise contribute to or share within the Service, including your username or displayed name and any chat, post or direct messaging with other users or with us.
- The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
- We will determine, in our discretion, whether a Contribution breaches the Content Standards.
- A Contribution must:
- be accurate (where it states facts);
- be genuinely held (where it states opinions); and
- comply with the law applicable in France and in any country from which it is posted, and in the country it targets users.
- A Contribution must not:
- include any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; hateful or inflammatory; facilitates illegal activity; depicts sexually explicit images or otherwise is sexually explicit material; or promotes unlawful violence, discrimination based on race, gender, colour, religion, sexual orientation, age, disability, nationality, or any other illegal activities.
- infringe any copyright, database right or trade mark of any other person;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
- be likely to deceive any person;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- give the impression that the Contribution emanates from Thales, if this is not the case;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be in contempt of court;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
- contain any advertising or promote any third-party services.
- contain any information or data which can be deemed as personal data that relates to a living individual, without that individual’s knowledge and consent.
Breach of this Policy
- When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate including the measures detailed below.
- immediate, temporary or permanent withdrawal of your right to use the Service, including any paid-for In-App Purchase or Subscription;
- immediate, temporary or permanent withdrawal of any feature or function of the Service, including any paid-for In-App Purchase or Subscription;
- immediate, temporary or permanent blocking the ability to contact certain users;
- immediate, temporary or permanent removal of any Contribution uploaded by you to the Service;
- blocking access from certain IP addresses or ranges;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law; and/or
- temporary or permanent restriction or throttling of your Service usage.
- Without limiting the above, we are entitled to take measures to prevent potential breaches of this Acceptable Use Policy or the other provisions of this Agreement, including blocking access from certain IP addresses or ranges.
- We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
- However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this Agreement. This contract is between you and us. However, our affiliate companies shall be entitled to the benefit of this contract and to enforce its terms in their own right. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If any part of this Agreement is determined to be invalid or unenforceable, that part shall be interpreted in a manner consistent with applicable law to reflect as closely as possible Thales's original intentions and the remainder of this contract shall remain valid and enforceable.
- Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.
- Which laws apply to this Agreement and where you may bring legal proceedings? If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of France and the French courts shall have exclusive jurisdiction to settle any such dispute or claim.
- As a French company we are carrying on business worldwide, therefore we communicate with our customers both in French and English and our Service is provided in French and English.
Appendix – Market Countries
In-App Purchases and Subscriptions are available to customers with a billing address in:
European Economic Area
The list was last updated on 11 January 2022.