Terms and Conditions

Last updated: 04/20/2018

 

Please read these Terms and Conditions (The “Terms”) carefully before using THE website www.flightlogger.co (the “Site”), The Fliggtlogger mobile application  (the “App”) and the products, services, tools, features functionality, data and information available through them (collectively the “Service”) OF Koombea Inc. (“Koombea”, “we”, “us”, or “our”).

The Terms govern your ACCESS TO AND use of the SERVICE.  IN ADDITION TO THE TERMS, THE PRIVACY POLICY AT https://www.koombea.com/privacy-policy/ GOVERNS your ACCESS TO AND use of the SERVICE. By accessing or using the SERVICE, you are accepting the Terms AND THE PRIVACY POLICY. you may not ACCESS OR USE THE SITE, DOWNLOAD, REGISTER WITH OR ACCESS OR USE THE APP, OR OTHERWISE ACCESS OR USE THE SERVICE or accept the Terms AND THE PRIVACY POLICY if you are not at least 18 years old.  If you do not agree with all of the provisions of the Terms AND THE PRIVACY POLICY, do not ACCESS AND/OR USE THE SITE, DOWNLOAD, REGISTER WITH OR ACCESS OR USE THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.

 

The terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and also limit the remedies available to you in the event of a dispute.

Accounts

In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (i) all required registration information you submit is truthful and accurate and (ii) you will maintain the accuracy of such information.  You may delete your Account at any time, for any reason, by following the instructions on the Service.  We may suspend or terminate your Account in accordance with the section titled Term and Termination below.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Koombea of any actual unauthorized access to or use of, or suspected unauthorized access to or use of your Account or any other breach of security.  We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Access to the Service

Subject to the Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, non-commercial use and your access to and use of the App is further subject to the applicable end user license agreement for such mobile application.  Notwithstanding the foregoing, in the event that the App is made available to you without an end user license agreement, subject to the Terms, you are licensed to download and use the object code of such App solely for your own personal, non-commercial use on a compatible mobile device or computer, and in the context of and in compliance with the technical limitations with which it is provided.  To the extent any portion of the Service, including without limitation the App, is made available to you on a Subscription basis as provided in the section titled Subscriptions below, your rights to access and use such portion of the Service are for the applicable Subscription term you have purchased and are subject to your payment of the applicable Subscription fees.

The rights granted to you in the Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service, including without limitation any software or technology used in providing the Service; (iii) you shall not access the Service in order to build a similar or competitive website, product, or service; and (iv) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to the Terms.  All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.

We reserve the right, at any time, to change some or all of the Service, add additional features, functionality or services, stop (permanently or temporarily) providing the Service or any portion of the Service to you or to users generally, or restrict access or impose limits on the Service or any portion of the Service (such as restricting access to the Service or a portion of the Service to paying users), in each case at any time, for any reason, and with or without notice to you.  You agree that we will not be liable to you or to any third-party for any change, restriction, suspension, or discontinuation of the Service or any part thereof.

You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Service.

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on the Service and its content are owned by Koombea or our suppliers.  Neither the Terms (nor your access to the Service) transfers to you or any third-party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this section titled Access to the Service. Koombea and our suppliers’ reserve all rights not granted in the Terms.  There are no implied licenses granted under the Terms.  You agree that you will not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service or any portion thereof.

Acceptable Use Policy 

The following terms constitute our “Acceptable Use Policy”: you agree not to use the Service in any manner (i) to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) to impersonate or attempt to impersonate any person or any entity or gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case; (v) that is in violation of any applicable local, state, national or international law or regulation, or any obligations or restrictions imposed by any third-party; or (vi) to advocate, encourage or assist any third-party in doing any of the above.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; (vii) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); or (viii) advocate, encourage or assist any third-party in doing any of the above.  

We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms or otherwise create liability for us or any other person. Such action may include terminating your Account in accordance with the section titled Term and Termination below, and/or reporting you to law enforcement authorities.

If you provide us with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  We will treat any Feedback you provide to us as non-confidential and non-proprietary.  You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Indemnification

You agree to indemnify and hold us, our affiliates, and our and their suppliers and licensors, and each of our respective officers, directors, employees, contractors, agents, successors, and assigns harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (i) your use of the Service, (ii) your violation of the Terms or (iii) your violation of applicable laws or regulations.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any such matter without our prior written consent.

Third-Party Links

The Service may contain links to third-party websites, mobile device software applications, services or resources (collectively, “Third-Party Links”).  Such Third-Party Links are not under our control, and we are not responsible for any Third-Party Links.  We provide access to these Third-Party Links only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.  You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

Release

You hereby release and forever discharge us, our affiliates and our and their suppliers and licensors, and each of our respective officers, directors, employees, contractors, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third-Party Links).  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Disclaimers

THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR AFFILIATES AND OUR AND THEIR SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.   IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED TO THE MINIMUM WARRANTY, INCLUDING THE MINIMUM DURATION AND SCOPE OF SUCH WARRANTY, REQUIRED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE AND OUR AFFILIATES, OR OUR OR THEIR SUPPLIERS OR LICENSORS, ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, CONTRACTORS OFFICERS, DIRECTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.   TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES SET FORHT IN THIS SECTION IS PROHIBITED BY APPLICABLE LAW OR HELD TO BE UNENFORCEABLE, THEN THE ABOVE LIMITATIONS AND EXCLUSIONS ON LIABILITY AND DAMAGES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN THAT PARTICULAR CIRCUMSTANCE.

Term and Termination

Subject to this section titled Term and Termination, the Terms will remain in full force and effect while you use the Service.  You may discontinue your use of the Service at any time; provided that you will not be entitled to any refund for any unused portion of any Subscription you have purchased.  Your Subscriptions will automatically terminate upon expiration of the applicable Subscription term without renewal.  We may suspend or terminate your rights to use the Service (including your Account and any Subscription) at any time for any reason at our sole discretion, including for any use of the Service in violation of the Terms.  Upon termination of your rights under the Terms, your Account and right to access and use the Service, including without limitation your Subscriptions, will terminate immediately, and you will cease all use of the Service and your Account, and we may further bar access to the Service and your Account and delete any and all information associated with your Account, including information or data you may have stored in your account.  You must remove and destroy all copies of the App from your mobile devices or computers.  All provisions that expressly or by their nature survive termination of this Agreement will survive any termination of this Agreement.  We will not have any liability whatsoever to you for any termination of your rights under the Terms, including for termination of your Account.  Even after your rights under the Terms are terminated, all provisions that expressly or by their nature survive termination  of the Terms will survive any termination of the Terms, including without limitation the following provisions of the Terms: the sections titled Access to the Service, Acceptable Use Policy, Indemnification, Third-Party Links,  Release, Disclaimers, Limitation on Liability above, this section titled Term and Termination and the sections titled Copyright Policy, Changes, Dispute Resolution, Governing Law, Export, Electronic Communications, Entire Terms, Copyright/Trademark Information and Information or Complaints below.

Copyright Policy

 

If you believe that any content on the Service infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Designated Agent as set forth below with the following information in writing under 17 U.S.C. 512(c)(3):

Written notification of claimed infringement must be submitted to the following Designated Agent:

By mail: Koombea Inc., 2250 NW 114th Ave., Unit 1L COL 5242, Miami, Florida 33192

E-mail: support@flightlogger.co.

Changes

We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them the Site and/or communicate them through the App. Your continued use of the Service following the posting and/or communicating of such revised Terms means that you accept and agree to the changes.

Dispute Resolution

Please read this Arbitration Agreement carefully.  It is part of your contract with Koombea and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and Koombea, and to any agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to Koombea should be sent to: Koombea Inc., 2250 NW 114th Ave., Unit 1L COL 5242, Miami, Florida 33192.  After the Notice is received, you and Koombea may attempt to resolve the claim or dispute informally.  If you and Koombea do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that Koombea made to you prior to the initiation of arbitration, Koombea will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

If you or Koombea pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Koombea, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and Koombea.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and Koombea in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND KOOMBEA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

This Arbitration Agreement will survive the termination of your relationship with Koombea.

Notwithstanding the foregoing, either you or Koombea may bring an individual action in small claims court.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Francisco County, California, for such purpose.

Governing Law

By using the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and Koombea.

Export

The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.

Electronic Communications

The communications between you and Koombea use electronic means, including the use of the Service, communications via email or push notifications through the App, and/or whether we post a notice on the Service. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Entire Terms

The Terms and the Privacy Policy constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Koombea is that of an independent contractor, and neither party is an agent or partner of the other.  The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  We may freely assign the Terms.  The terms and conditions set forth in the Terms shall be binding upon assignees.

Copyright/Trademark Information

Copyright © 2018 Koombea Inc. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.

Subscriptions

Additional data charges may apply to you for mobile use of the Service through your mobile device. We may further make certain portions of the Service, including without limitation, the App or a portion thereof, available only on a paid subscription basis (“Subscription(s)”). Your Subscription will be for the term and for the fees as displayed in Koombea’s process for acquiring the Subscription and is limited to access and use of the portion of the Service for which you have acquired a Subscription.

Subscriptions will be billed and are due in advance of your Subscription term, and you will not be entitled to access and use the Subscription unless and until we have received complete and unconditional payment for all applicable fees, including payment verification, approval, and clearance.

The subscription term for subscriptions other than Trial Subscriptions will be automatically renewed for additional subscription periods of the same length at our then-current fees for such subscriptions and you will be charged unless you notify us at least 30 days prior to the renewal date that you do not wish to renew.  For example, if you commenced a monthly subscription on January 1 which has renewed through July, you would need to notify us by July 1 or your subscription would automatically renew for the month of August. Payment must be made on time to avoid a lapse in your subscription.

At the end of each Subscription term, your Subscription will automatically renew for the same Subscription term unless you cancel it. You may cancel your Subscription renewal through your online account management page.

We may further offer in-app purchases through the App.   Fees for in-app purchases will be presented to you at the time of purchase and are due in advance at the time of purchase.

A valid payment method is required to process the payment of your Subscription or any in-app purchases. You acknowledge and agree that we may use third-party vendors and services providers to process payments and manage payment information.  You acknowledge and agree that our provision of the Service may require us or our third-party vendors or service providers to process or store your personal data, including your payment information, and to transmit such data internally within Koombea or between us and our third-party vendors or service providers.  Such processing, storage, and transmission shall be conducted in accordance with our Privacy Policy.  By submitting such payment information, you automatically authorize Koombea and its third-party vendors and service providers to charge all Subscription fees and fees for in-app purchases incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Koombea will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Koombea may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Koombea until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically subscribed for the type of Subscription you have selected and will be charged the applicable Subscription fees.

At any time and without notice, Koombea reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Koombea in its sole discretion and at any time may modify the Subscription fees for the Subscriptions or the fees for in-app purchases. Any Subscription fee change will become effective at the end of the then-current Subscription term.   And any change to fees for in-app purchases will become effective immediately.

Koombea will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds; Taxes; Finance Charges

Except when required by law, paid Subscription fees are non-refundable. No credits will be given for any fees paid for unused Subscriptions or portions thereof.  If you terminate a Subscription prior to expiration of the applicable Subscription term, you acknowledge and understand that Koombea will not refund you any pre-paid fees for any unused portion of your Subscription term. Our fees are exclusive of any taxes, levies, or duties, you are wholly responsible for any taxes, levies or duties that may arise out of this Agreement or your purchase or use of Subscriptions or other Koombea products or services. All orders are non-cancellable and all fees are non-refundable.  Amounts not paid when due are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is greater, plus all reasonable expenses of collection.

Information or Complaints

If you have a question or complaint regarding the Service, including without limitation current fees for our Subscriptions, please feel free to contact us by email at support@flightlogger.co or by mail at Koombea Inc., 2250 NW 114th Ave., Unit 1L COL 5242, Miami, Florida 33192.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.