1. Welcome to the Flightful App!

Flightful provides mobile application enabling in-flight access to messaging services over Wi-Fi. The Flightful mobile application (the “Flightful App”) is offered by RebelRoam OÜ, established in Estonia, registry code 12933932, address Erika 14, Tallinn, Estonia, contact e-mail: [Insert] (Flightful, together with its parents, subsidiaries and affiliates — collectively, “RebelRoam”, “we,” or “us”). The in-flight access to messaging services over Wi-Fi and auxiliary services offered via the Flightful App are henceforth referred to as the “Services”. By using the Flightful App or the Services or by registering an account via the Flightful App you’re agreeing to these legally binding rules (the “Terms”). You hereby also agree that you are responsible for compliance with any applicable local laws that may apply to your use of our Services.

We may change these Terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Flightful App or by sending you an email. New versions of the Terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using the Flightful App after a change, that means you accept the new terms.

 

  1. Creating an Account

In order to use the Flightful App you’ll need to register an account by following the two-step SMS verification procedure as instructed in the app. The information you provide us upon registration has to be accurate, current and complete.

To sign up for an account, you need to be at least 18 years old, or at least 14 years old and have the consent of your parent or guardian to enter into this agreement.

 

  1. Your Restrictions and Obligations

When using the Flightful App, you must not do any of the following:

  • carry out any activities in course of using the Flightful App that are illegal, libelous, defamatory, abusive, threatening, harassing, hateful, offensive, cause damage to RebelRoam or any third party or otherwise violate any law or infringe upon the right of any third party;
  • decompile, reverse engineer, or otherwise attempt to obtain the source code of the Flightful App;
  • modify the software underlying the Flightful App in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Flightful App;
  • publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content;
  • transmit intentionally files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, Services, Flightful App, any other software or hardware, or telecommunications equipment;
  • probe, scan or test the vulnerability of the Flightful App or circumvent any filtering or security mechanism used by the Flightful App;
  • share your account with any other individual.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Flightful App and the Services, without express written permission by us.

RebelRoam reserves the right to suspend or terminate access to our Services immediately to any user, whose activity is disrupting, causing harm to the Services infrastructure or third parties, or otherwise violates the Terms.

 

  1. Internet Access Limitation

The Flightful App is designed to enable free in-flight access to online messaging services. In order to ensure that the Services would not be exploited for other purposes, the Flightful App will block any request to connect with unrelated services and websites. The list of accessible messaging services are provided on the Flightful App.

While RebelRoam undertakes not to discriminate against any communication service without reason, please be advised that in order to optimize network resources and keep the Services free of charge, RebelRoam can only make available access to communication services which do not impose disproportionally high data costs to RebelRoam.

RebelRoam may, in its sole discretion, limit or cancel your access to its Services if you take any action that imposes an unreasonably or disproportionately large data load on the infrastructure of the Flightful App or the Services.

 

  1. Your Privacy and Collection of Data

RebelRoam acts in accordance with all applicable data protection regulations and will do its best to keep safe any information you have provided. Our policies regarding the collection, use and disclosure of personal information in course of the Services can be accessed in our Privacy Policy.

 

  1. Intellectual Property of RebelRoam

All copyrights and any other intellectual property rights related to the Flightful App shall remain the sole and exclusive property of RebelRoam and you shall have no claim to it insofar as not stated differently herein.

RebelRoam grants you personal, non-exclusive, non-transferable, non-licensable and revocable license to use the Flightful App and our Services for so long as you comply with the Terms. All rights not expressly granted in the Terms are reserved. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, reverse engineer, publicly display, or in any way exploit any of the software, materials or content of the Flightful App or the Services, in whole or in part, unless as prescribed otherwise in these Terms or in the Flightful App.

RebelRoam may at all times and without prior notice, make functional, procedural or technical changes or improvements to the Flightful App or the Services. RebelRoam is under no circumstances obliged to adjust or add any specific functionality to the Services.

 

  1. Third-Party Websites

Flightful App may contain links to third-party websites and services. When you access and/or subscribe for third-party websites or services you do so at your own risk and under the terms provided by the third party. We don’t control those sites or services nor assume any liability for their actions or inactions.

 

  1. Limitation of Liability

The Flightful App and our Services are provided on an “as is” basis and, other than expressly set out in the Terms, without warranties of any kind. Although we are striving to provide you as quality services as possible, we do not warrant that our Services will be error-free and uninterrupted.

Unless explicitly stated otherwise, to the maximum extent permitted by applicable law, RebelRoam or its directors, employees, partners and agents, are not liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use of the Flightful App and the Services.

Please be advised that operating bandwidth is not guaranteed and will depend on several factors, such as the number of Internet users on the aircraft and the location of the aircraft. We assume no liability for non-operability of the Flightful App or impaired online accessibility.

You are solely responsible for creating backup copies for any content that you submit or create via the Flightful App.

RebelRoam isn’t liable for any damages or losses arising out of your incorrect or unlawful use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. When you use the Services, you release RebelRoam from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Flightful App is at your own risk.

Some states/jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so in such jurisdictions the above limitations or exclusions may not apply. In such case, our liability and that of its affiliates, suppliers and partners will be limited to the greatest extent permitted by law.

 

  1. Indemnification

You agree to defend, indemnify and hold harmless RebelRoam and our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access of the Flightful App and the Services, including (among else) your use of the Services for any unlawful purposes.

 

  1. Deleting Your Account

You may delete your account at any time by following the instruction in your profile menu on the Flightful App. Upon deleting your account these Terms will terminate, except clauses which due to their nature should remain in force.

 

  1. Dispute Resolution and Governing Law

We at RebelRoam encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the Republic of Estonia, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Flightful App and its Services are deemed passive which do not give rise to jurisdiction over RebelRoam or its parents, subsidiaries, affiliates, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the Republic of Estonia. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Flightful App, shall be filed only in the state courts located in Tallinn, Republic of Estonia, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

In case of any questions or if you wish to submit a complaint, please contact us.

If you use our Services as a natural person, are an EU citizen and wish to submit a complaint about the Services, you may also submit the complaint via the EU online dispute resolution platform, which can be accessed here. Information on the proceedings can be also found on the foregoing webpage.

 

  1. The Rest

These Terms and the other material referenced in them are the entire agreement between you and RebelRoam with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and RebelRoam with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or RebelRoam to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get RebelRoam’s prior written consent. RebelRoam has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. RebelRoam will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

 

These terms enter into effect on [*], and apply to all actions performed on Flightful App and within its Services since then.