TERMS OF SERVICE

1. Acceptance of Terms

Welcome to Aviatr. These Terms of Service ("Terms") govern your access to and use of Aviatr's website, services, and applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years of age to create an account or use the Service. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Account Information

When you create an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your password and account credentials
Accept all responsibility for activities that occur under your account
Immediately notify us of any unauthorized use of your account

3. Description of Service

Aviatr provides an informational directory platform connecting aspiring pilots with nationally certified Approved Training Organizations (ATOs), Aviation Medical Examiners (AMEs), aviation news, educational content, and exam preparation tools. The Service is provided on an "as-is" and "as-available" basis.

3.1 Future Features

Aviatr may introduce advertising and additional features in the future. By continuing to use the Service after such features are introduced, you consent to their implementation under these Terms.

4. User-Generated Content

4.1 Your Content

The Service allows you to create, post, and share content including but not limited to:

User profiles and biographical information
Reviews and ratings of flight schools, instructors, and products
Forum posts and comments (limited public visibility)
Achievements and progress data

4.2 Content License

By posting content to the Service, you grant Aviatr a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Service and Aviatr's business operations.

4.3 Content Representations

You represent and warrant that you own or have the necessary rights to post your content, and that your content does not violate any third-party rights or applicable laws.

5. Acceptable Use Policy

5.1 Prohibited Activities

You agree not to:

Violate any applicable laws, regulations, or third-party rights
Post false, misleading, defamatory, or fraudulent content
Impersonate any person or entity or misrepresent your affiliation
Harass, threaten, or abuse other users
Post spam, unsolicited advertising, or promotional material
Upload viruses, malware, or other malicious code
Scrape, data mine, or extract data from the Service using automated means
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with or disrupt the Service or servers
Use the Service for any illegal or unauthorized purpose

5.2 Review Guidelines

Reviews and ratings must be:

Based on genuine personal experience
Honest, fair, and substantiated
Free from conflicts of interest (e.g., competitors posting negative reviews)
Respectful and non-defamatory

6. Intellectual Property Rights

6.1 Aviatr's Intellectual Property

The Service and its original content, features, and functionality are owned by Aviatr and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Trademarks

Aviatr's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Aviatr. You may not use such marks without our prior written permission.

6.3 Third-Party Content

The Service may contain links to third-party websites, flight schools, AMEs, products, or services that are not owned or controlled by Aviatr. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

7. DMCA Copyright Policy

7.1 Copyright Infringement

Aviatr respects the intellectual property rights of others and expects users to do the same. We will respond to valid notices of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

7.2 Reporting Copyright Infringement

If you believe your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

Electronic or physical signature of the copyright owner
Description of the copyrighted work claimed to have been infringed
Identification of the infringing material and its location on the Service
Your contact information (address, telephone number, email)
A statement of good faith belief that the use is not authorized
A statement that the information is accurate and you are authorized to act

7.3 Repeat Infringers

We will terminate the accounts of users who are repeat copyright infringers.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 No Professional Advice

IMPORTANT: Aviatr is a purely informational directory platform. We do not provide professional aviation advice, flight training services, medical advice, or any form of professional consultation.

The information on the Service is provided for general informational purposes only and should not be relied upon as:

Professional aviation training advice
Medical or fitness-to-fly assessments
Official EASA exam preparation or certification
Endorsement or recommendation of any flight school, instructor, or AME
Safety guidance or operational procedures

You should always verify information independently and consult with qualified aviation professionals before making any decisions related to flight training, medical certification, or aviation careers.

8.2 No Warranty for Data Accuracy and Completeness

Aviatr acts as an information directory platform aggregating data from various third-party sources. WE PROVIDE NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY INFORMATION ON THE SERVICE.

This includes but is not limited to:

Flight school names, addresses, phone numbers, email addresses, websites
Course offerings, pricing, schedules, and availability
Flight school certifications, approvals, or regulatory status
Instructor qualifications and ratings
Medical examiner certifications, contact information, and office hours
AME authorization status and examination types offered
Product specifications, descriptions, pricing, and availability
News article accuracy and currentness
Any other data displayed on the Service

Information displayed on Aviatr may:

Be outdated or no longer current
Contain errors, omissions, or inaccuracies
Be incomplete or missing critical details
Change without notice or update on our platform
Be provided by third parties without verification

YOU ARE SOLELY RESPONSIBLE for independently verifying all information before relying on it or making decisions based on it. Always contact flight schools, medical examiners, and other entities directly to confirm current information, availability, pricing, and certifications.

Aviatr shall not be liable for any losses, damages, or consequences arising from reliance on inaccurate, outdated, or incomplete information found on the Service.

8.3 No Liability for Aviation Activities

AVIATION CARRIES INHERENT RISKS. Aviatr is not responsible for any decisions you make based on information found on the Service. We are not liable for:

The quality, safety, or suitability of any flight school, instructor, or training program
The accuracy or validity of medical examinations or certifications
Any incidents, accidents, injuries, or losses related to flight training
The performance or results of EASA exam preparation materials
Any consequences of relying on information found on the Service

8.4 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

The Service will be uninterrupted, secure, or error-free
Defects will be corrected
The Service is free from viruses or harmful components
The results of using the Service will meet your requirements

8.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVIATR, ITS OWNER, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

Our total liability to you for all claims arising from or relating to the Service shall not exceed the greater of (a) €100 or (b) the amount you have paid to us in the 12 months prior to the event giving rise to liability.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Aviatr, its owner, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another person or entity
Your content posted on the Service
Any decisions you make based on information found on the Service

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at info@aviatr.io. Upon termination, your personal data will be retained for 30 days (grace period for account recovery) and then permanently deleted in accordance with our Privacy Policy.

10.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice or liability, for any reason, including but not limited to:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Extended inactivity
Requests by law enforcement or government agencies

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

11. Dispute Resolution and Governing Law

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

11.2 Mandatory Mediation

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through good faith mediation. Either party may initiate mediation by providing written notice to the other party.

The mediation shall take place in Nijmegen, Netherlands, or via online mediation platforms, and shall be conducted by a mutually agreed-upon mediator. Each party shall bear its own costs of mediation, with the mediator's fees split equally.

11.3 Jurisdiction and Venue

If mediation does not resolve the dispute within 60 days, either party may initiate legal proceedings. You agree that any legal action or proceeding arising from or relating to these Terms or the Service shall be brought exclusively in the competent courts of Nijmegen, Netherlands, or the nearest Dutch court with jurisdiction.

You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Posting the updated Terms on the Service with a new "Last Updated" date
Sending an email notification to your registered email address (for significant changes)
Displaying a prominent notice on the Service

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and terminate your account.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Aviatr regarding the Service and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

13.5 Force Majeure

Aviatr shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14. Contact Information

If you have any questions about these Terms, please contact us:

Aviatr
Nijmegen, Netherlands
Email: info@aviatr.io
KVK: 94720495
BTW-ID: NL005104365B85

Last Updated: January 2025