GENERAL CONDITIONS OF USE
These General Conditions of Use (hereafter referred to as «GCU») are applicable between AirInt Services SAS (hereafter referred to as the «AirInt») and any person intending to use the Cabin App Service (hereafter referred to as the «User»).
The User acknowledges his acceptance of these GCU. It is the sole responsibility of the User to save this version of the GCU.
These GCU do not govern the purchasing or sales conditions proposed by the Cabin App Service (hereafter referred to as "the Service").
AirInt reserves the right to modify these GCU freely and at any time.
1 – PURPOSE
The Service provides software with specific interface:
On a mobile device allowing the Licensee to decide, including in-situ, maintenance to be undertaken on one or multiple Equipment of the aircraft.
On a desktop or a laptop connected to the Internet to monitor corrective actions thanks to the dynamic presentation of the data collected through the mobile device.
The Service allows the User to be supported to take maintenance decision on specific equipment in its fleet.
The Service sends notifications to the User to advice that data transfer has failed or new technical document has been integrated in the application.
2 – USE OF THE SERVICE
a. Access to the Application - The User will be able to access the Application by using a user name and a password given by AirInt or by authentication system provided by its company.
The User will need to have access to Internet and some relevant equipment (Android or Apple type smartphones or tablet), including the necessary hardware, software and networks.
The User undertakes to keep AirInt informed of any changes of its organization that may affect the use of the Application.
b. Correct data - By subscribing to the Service, the User undertakes to provide correct data, that is both up to date and complete, and to manage and promptly update this data. If the User fails to comply with the aforementioned obligations or if AirInt has good reason to suspect that the data is incorrect, not up to date or incomplete, AirInt reserves the right to suspend or terminate the corresponding account and prevent the User from using all or part of the Service.
c. Proof - The User expressly acknowledges the probationary nature of any information entered in the Service.
d. Modifications of the Service – AirInt reserves the right to modify all or part of the Service at any time, which could potentially cause an interruption of the Service.
e. Communication – Any communication between the User and AirInt must be carried out by email, postal mail, by phone or by specific contact forms inserted in the software.
f. Airworthiness - The User remains solely responsible for compliance with any applicable airworthiness regulations.
g. Limits of use of the Service – AirInt may establish limits of use of the Service. The User certifies that using the Service is compliant with its company rules.
3 – AUTHENTICATION
The User will be able to access the application by using a user name and a password given given by AirInt or by authentication system provided by its company.
The User retains sole responsibility for the confidentiality of this username and password and is fully responsible for any acts resulting from the use of his username, password, account, signature key or the associated certificate. The User shall immediately notify AirInt of any unauthorized use of this username, password, signature key and/or the associated certificate and of any breaches of security.
4 – TECHNICAL DATA UNDER EXPORT CONTROL
Certain technical data may be subject to export control. The User hereby accepts to comply with any applicable export regulations and to provide AirInt with any data required in order to evaluate any export restrictions that may affect the use of the Service.
The technical data of any Applications supplied to the User may be subject to the issuance of an authorization or export license by the competent authorities. The User undertakes to inform AirInt of the ultimate destination and end use of the Service in order to apply for the appropriate export licences / authorizations.
If appropriate, the User will specify that the data transmitted by himself may be subject to his own export control national regulations. The User undertakes to comply with any restrictions of use of the Service and to obtain any certificates required by the applicable regulations. The parties will cooperate whenever necessary for the issuance or maintenance of the said government authorizations or licenses required.
The Users from countries listed below are not authorized to access to this Application: Cuba, Iran, North Korea, Russia, Sudan and Syria.
The parties must inform each other of any rejection, withdrawal or non-renewal of an export license or authorization. AirInt shall not be held responsible for the rejection, withdrawal or non-renewal of any export license or authorization required.
5 – PERSONAL DATA
As part of the Application access rights management based on User's consent, AirInt (www.airintservices.com) process identification and/or privacy data, connection data, professional data of AirInt's employees, customers and partners. This data will be stored for 25 years and will be accessible by authorized person of the Service administration.
• This data derived from the Application.
• You can withdraw your consent at any time by deleting the Application.
• The provision of this data is mandatory to access the Application.
• Data can be reused for ensure the traceability of User's actions and allow exchanges between the User and AirInt.
AirInt has implemented physical, electronic and administrative protection measures compliant with the applicable regulations to protect your personal data.
You have rights of access, rectification, erasure, restriction, and data portability on your personal data and their processing. You also have the right to object. To exercise your rights, you can write the related staff at firstname.lastname@example.org. You can also lodge a complaint with the French Data protection authority (www.cnil.fr).
The record images through the Application may be used by AirInt based on its legitimate interest for further request investigation and internal training purposes based on the legitimate interest. AirInt undertakes to refrain from disclosing any information communicated by the User to any third parties.
6 – DISCLAIMER
AirInt cannot, under any circumstances, be held responsible for any damage or loss resulting from the use of the Service by the User, or for any unauthorized access to the data gathered by the Service or disclosed to any third parties using any illegal or illicit means, in particular when access to this data was obtained using any breaches, weaknesses or faults in security (whether these were known by AirInt at the time or otherwise) that may exist on the Service.
7 - FORCE MAJEURE
AirInt cannot be held responsible in the event of any failure to apply, or any delays in the Service of, one or more contractual obligations, if this failure or these delays are due to events that occur independently of the will or the reasonable control of AirInt. Cases of force majeure include, but are not limited to, any natural disasters, fire, flooding, explosions or earthquakes, serious accidents, legislative or regulatory measures or other decisions taken by the government or any other administration, any measures taken by the competent certification authorities and airworthiness authorities, the withdrawal or reduction of any export licenses and currency control measures, the outbreak of war, any acts of terrorism and riots, acts of cyber- criminality, epidemics, work stoppages, strikes, lock-outs, accidents with tools and of any other kind, power cuts, telecommunications, Internet irrespective of the cause, the defaulting or delay of the provider of any services required for the correct operation of the Service.
AirInt will inform the User as soon as possible of the occurrence of any event which results in the suspension of the obligations of Airint. AirInt will deploy all reasonable efforts to mitigate the effects of any case of Force Majeure, to eliminate its causes and restore performance with reasonable diligence as soon as the cause of the Force Majeure has been eliminated or stopped.
8 – NON-COMPLIANCE WITH THE GCU
If the User should fail to comply with any of his obligations under the terms of these GCU, AirInt will send a formal demand to the User to resolve the failure within a period of 15 (fifteen) calendar days. If the failure to comply is not resolved within such period, AirInt may lawfully terminate all or part of the User's accounts or prohibit him from using the Service.
9 – MISCELLANEOUS CONDITIONS
Legislation - These GCU are subject to the provisions of French law. If an amicable solution cannot be found, any disputes that may arise between the parties concerning these GCU will be under the exclusive competence of the competent tribunals of Paris (France).
Language - For convenience purposes, these GCU may be translated into a different language from the original language of the document, which is French; however, in the event of any contradictions between the two versions of these GCU, the French version shall prevail.
Severability - If any of these provisions are or should become invalid, unenforceable or illegal, the remaining provisions will not be affected.