Navigraph Terms of Service

Revision date: 25 May 2018


Navigraph provides a subscription service which gives our users access to charts and navigational data (“Data”) which is transferred over Internet to computers, tablets, and other devices (“Devices”) for Game-based Learning in, and in conjunction with, Personal Computer Flight Simulator Software.

This service is provided by Navigraph KB (SE969697064001), a company in Sweden. These Terms of Service (“Terms”) describes your usage of our service. In these Terms of Service, the word “Service” means the subscription service provided by Navigraph for you to download charts and navigational data, including all properties and function, websites and user interfaces, including all content and all software connected to our service.


1. Account

1.1. Account Registration
You must register a Navigraph Account (“Account”) to use the Service.

1.2. Personal Account
Your Account is personal and must not be used by anyone but yourself. Nor may you register an Account in the name of a business, organization, association, or similar.

1.3. Account Responsibility
You are responsible and liable for all activities conducted through your Account, even if these activities occur without your knowledge or permission. Therefore you must keep your username and password confidential and change your password if you suspect it has been compromised.

1.4. Minimum Age
We want to protect minors and ask all our users to act responsibly. Therefore you must be at least 16 years old to register an Account. If you are younger, you may still register an Account but only with the permission of your legal guardian.

1.5. Updated Email Address
It is important that we can reach you with information relating to your Account. Therefore we must ask you to keep your email address and newsletter preferences up to date.

1.6. Account Cancellation
You can cancel your Account at any time via your account management interface on the Navigraph website. You will be asked to unsubscribe from any Subscription, and you will no longer have access to the Service.

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your information to the extent and within the time frame detailed in the Privacy Policy available on navigraph.com.

1.7. Account Termination
Navigraph has the right to suspend or terminate your Account, and unsubscribe or pause any Subscription and Data access, at any time, with or without cause, effective immediately. Navigraph reserves the right to refuse anyone for any reason at any time.


2. Subscription

2.1. Charge Period
Navigraph offers Subscriptions with two different Charge Periods: Monthly and Annual. The price of the Subscription, including Value Added Tax as applicable to your country of residence if you live within the European Union, is periodically charged to your Payment Method on the calendar day corresponding to the date when you started the Subscription. In some cases the charge date can change, for example if your subscription started on a calendar day which does not exist in the current month, or if your Payment Method experienced temporary difficulties. You can see when next charge will take place in the account management interface on the Navigraph website.

2.2. Payment Methods
You can change your Payment Method via your account management interface on the Navigraph website. If a charge cannot be made because the Payment Method has expired; or because the Payment Method has insufficient funds; or because you neglected to update your Payment Method information; we can suspend the Service until you have provided us with a working Payment Method.

2.3. Unsubscribing
You can unsubscribe at any time. You will retain access to the Service until the end of your Charge Period. You can see when your access expires in the account management interface on the Navigraph website. If you unsubscribe as you cancel your account you will not longer be able to access the Service as such access requires an active account.

2.4. Refunds
In the unlikely event of an erroneous subscription charge we will, of course, correct any mistakes. However, because of the digital nature of the Service, and to the extent possible by applicable laws, we do not offer refunds.

2.5. Receipts
We provide receipts via the account management interface on the Navigraph website.

2.6. Price Changes
Occasionally we change the price of the Service. Price changes will take effect at the earliest one month after your have been informed about the changes.


3. Use of Service

3.1. License
When your purchase a subscription for the Navigraph Service we grant you a personal, revocable, non-exclusive, non-transferable, non-assignable, time-limited, worldwide license to use the Data without the right to copy, modify, publish, sub-license, disseminate and otherwise exploit the Data for any other Purpose and on any Technical Platform other than what is described in these Terms.

3.2. Additional Terms
The Data is provided by Jeppesen who is the owner and authorized licensor and therefore reserves all rights to the Data. For this reason you must also agree to the Jeppesen’s Additional Terms attached to these Terms.

3.3. Purpose
You may not use the Service for real world navigation. You may only use the Service for Game-based Learning in Personal Computer Flight Simulator Software where “Game-based Learning” refers to Gaming explicitly designed for educational purposes, or which have incidental or secondary educational value; and “Gaming” means the activity of using a personal computer for problem solving for the purpose of amusement, entertainment, or passing time.

As a list of examples, you may not use our Service for any of the following purposes, including, but not limited to:

1. Real world navigation: Any usage with application for real world navigation is not permitted.
2. Flight schools: Training or education organized by a flight school, or with the intention of logging flight hours towards any type of pilot’s license is not permitted.
3. Military training centers: Training or education organized by any military center, or similar, is not permitted.
4. Professional training centers: Training or familiarization as a part of a professional occupation, is not permitted.
5. Research institutions: Usage by research projects conducted by a school, university, governmental institution, research institution, consultancy firm, or similar, is not permitted.

If you are a uncertain about how we may interpret the purpose of your usage, please write to us at dev@navigraph.com. Please note that we only issue personal licenses (see 1.2. Personal Account and 3.1. License). Group licenses, or any form of shared licenses, are not available at this time.

3.4. Technical Platform
You may only use our Service in “Personal Computer Flight Simulator Software” meaning simulators which

a) consume directly, or indirectly via auxiliary addon software, navigational data parsed into a non-ARINC 424 format,
b) are ground-based, and
c) are available as Commercial-of-the-Shelf (COTS) including, but not limited to, Microsoft Flight Simulator, Lockheed Martin Prepar3D, Laminar Research X-Plane.

3.5. Demo
If your account does not have a valid subscription, the account will be set to demo mode which limits access and functionality of the Service.

3.6. Network Connection
There are some functions in our software which depend on a continuous network connection. To use the Service your Compatible Device must remain connected to the Internet.

3.7. Bugs and Service Interruptions
While we have taken great precautions to provide a reliable Service you may at times experience service interruptions or even bugs. We appreciate if you tell us about ways in which we can improve, but cannot offer any compensation.

3.8. Simultaneous Logins
Navigraph Services are offered on several types of Devices: Windows Desktop, Mac Desktop, Android Apps, iOS Apps and in most web browsers. While a Subscription includes access to all Devices, a Subscription is limited to a maximum number of Devices onto which a user Account may be logged in simultaneously. The number of Devices you may use at the same time depends on your Subscription and is detailed on the Subscription page of the Navigraph webpage.

3.9. Changes in Data
While our ambition is to provide predictable uniform worldwide data we sometimes need to offer airport charts of mixed design as a new design is being implemented. Moreover, we may need to remove outdated airports or navaids, or change data formats as new information becomes available. Navigraph therefore reserves the right to change the Data from time to time, in any aspect, including but not limited to, geographical coverage, graphic design, data format, currency and update frequency.

3.10. Changes in Technical Features
Since we are continuously developing and improving our services Navigraph will launch new technical features of the Service. The newly introduced features may change the appearance and functionality of the Service. Sometimes we will remove features which we deem are no longer frequently used. The feature set can also differ between Devices.

3.11. Personally Identifiable Information to Third-Party Software
Navigraph makes it possible to access your Subscription and parts of the Service in some Third-Party Software. You recognize that the Third-Party Software is not developed by Navigraph and that Navigraph is not responsible for actions, functions, design or content in any such Third-Party Software. You are also made aware that such Third-Party Software may have its own privacy policy and set of terms. Upon authorizing Third-party Software to use Navigraph Services on your behalf we will tell you which personal information Navigraph shares with the Third-Party Software. Navigraph and the Third-Party Software are individually, separately, and independently, responsible for the personally

3.12. Unauthorized Third-Party Software
You must only log in to authorized Third-Party Software. The authorized Third-Party Software developers are listed on the Navigraph website.

3.13. Scraping
The Navigraph Service is designed to download Data to user interfaces with the volume and frequency corresponding to that of normal user interaction. You may not use any other automated means including, but not limited to, bots, scrapers, and spiders, to download Data from the Navigraph Service.


4. Privacy

4.1. Personal Information
You recognize that by registering an Account you are providing Navigraph with Personal Information. You also recognize that by using the Service Navigraph may collect Personal Information. The purpose of providing and collecting Personal Information, information about the data controller, and methods to request extracts, edits and deletions of Personal Information is described in the Privacy Policy available on navigraph.com.

4.2. System Email Messages
You recognize that you will receive email messages from Navigraph relating to the status of your Account or your Subscription. Examples of such messages are password reset links, subscription confirmations, reminders of an expiring subscription, and warnings about failed payments. You cannot unsubscribe from these types of emails via the preferences in the Account settings.

4.3. Other Email Messages
You recognize that you may receive email messages from Navigraph containing promotional content, such as recommendations about newly released Navigraph products or addon software. We strive to keep such information informative and relevant to you. You may edit the email preferences in your Account settings or click the unsubscribe link in any email to unsubscribe from such email messages.


5. Support

5.1. Support Forum
The primary mode of support is the Navigraph support forum which is available to users with an active Subscription. Navigraph reserves the right to suspend users and edit or delete posts which do not comply with the Forum Rules.

5.2. Support Email
Issues containing account or payment details must not be posted in the support forum but should be sent to account@navigraph.com


6. Intellectual Property Rights

6.1. Charts and Screenshots
Only charts and screenshots sent out via press releases, or otherwise on the website marked as cleared for dissemination, may be reprinted, displayed online or used in video. All other usage in articles, reviews, tutorials, in print, online, and in videos, is only permitted after separate written agreement.

6.2. Navigraph Trademark and Logos
If you would like to use Navigraph’s trademarks, you must follow all of our trademark guidelines described in our Brand Guideline which can be obtained from dev@navigraph.com.


7. General Provisions

7.1. Applicable Laws
These Terms should be interpreted according to Swedish laws. These Terms do not limit any consumer rights protection in the country you reside in.

7.2. Partial nullability
If one or several parts of these Terms are invalid, illegal, or impossible to enforce, the validity, legality and enforceability of the remaining parts of these Terms will remain.

7.3. Changes to Terms
Navigraph will change these Terms from time to time. We will notify you at least one month in advance before new Terms take effect for you.

7.4. Electronic Communication
We will only send information to you electronically, for example via email to the email address you provided to us upon registration of your Account.

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Appendix 1 Jeppesen's Additional Terms for Jeppesen Data

YOU (herein also “End-User”) HAVE LICENSED JEPPESEN’S NAVDATA (“DATA”) AND JEPPESEN STANDARD VFR/IFR CHARTS, ELECTRONIC TERMINAL CHARTS, ENROUTE CHARTS, COMMERCIAL AIRLINE OVERLAY (CAO) CHARTS AND AIRPORT FAMILIARIZATION CHARTS IN A JEPPESEN PROPRIETARY GRAPHIC FORMAT (“ELECTRONIC CHARTS”) (the Data and Electronic Charts are called “Products” hereinafter) FROM NAVIGRAPH KB (“OEM”) UNDER AN AGREEMENT (herein “Agreement”). PLEASE READ THE FOLLOWING ADDITIONAL TERMS (“Additional Terms”) PROVIDED TO YOU BY OEM CAREFULLY BEFORE USING THE PRODUCTS. THESE ADDITIONAL TERMS ARE LEGALLY BINDING UPON YOU IN ADDITION AND AS AN INTEGRAL PART OF THE AGREEMENT. BY YOUR BELOW SIGNATURE, END-USER IS AGREEING TO EACH TERM OF THESE ADDITIONAL TERMS AS PART OF THE AGREEMENT INCLUDING THE RESTRICTIONS ON USE, DISCLAIMERS AND LIMITATION OF LIABILITIES. ANY USE OF THE PRODUCTS WILL ALSO CONSTITUTE YOUR AGREEMENT WITH THESE ADDITIONAL TERMS AS PART OF THE AGREEMENT. In case of a conflict between the Agreement and anything stated in these Additional Terms, these Additional Terms shall govern and prevail.

1. ACKNOWLEDGEMENTS.

A. End-User confirms to have entered into a valid Agreement with Navigraph KB and End-User acknowledges that the Agreement is concluded solely between OEM and End-User, and not with Jeppesen GmbH and/or Jeppesen Sanderson Inc. (“Jeppesen”). The parties acknowledge that OEM (and not Jeppesen) is responsible for addressing any claims of the End-User relating to the Products. End-User acknowledges and agrees that Jeppesen is in respect of these Additional Terms a third party beneficiary of the Agreement, and that upon End-User’s acceptance of the Additional Terms, Jeppesen will have the right (and will be deemed to have accepted the right) to enforce the Additional Terms against End-User as a third party beneficiary of the Agreement.

B. End-User acknowledges and agrees that each NavData database is effective for the specific 28-day AIRAC cycle period for which it was produced. Jeppesen has no liability or responsibility of any kind for the use of NavData by End-User after the expiration of its AIRAC effectivity cycle. End-User agrees that any use of the NavData after the expiration date of the AIRAC effectivity cycle will be at the End-User's sole risk and responsibility.

C. Information contained in NavData is independently available from publications of the appropriate governing authority. NavData are designed for use by experienced and knowledgeable (i) pilots who must be thoroughly familiar with and competent in, among other things, the navigation of aircraft and the air navigation equipment being used, and (ii) flight dispatchers, flight planners and others who must be thoroughly familiar with and competent in, among other things, the planning of flights and the computerized flight planning programs being used. The NavData does NOT contain all information necessary to independently conduct instrument or visual flight procedures or plan all aspects of a flight. The NavData must be used in conjunction with the appropriate aeronautical charts and other information available to pilots, flight dispatchers, flight planners and others through a variety of sources. Pilots must conduct flight procedures in accordance with the information depicted on aeronautical charts.

D. Some information displayed by the system on which NavData is installed (“System”) may be solely generated by the System, and may not be information derived from Jeppesen NavData. The NavData provided hereunder may not contain all of the navigation data existing worldwide, and End-User should make no assumption otherwise. The System may not utilize all NavData available from Jeppesen, and the data contained in End-User’s NavData may be only a subset of the data available from Jeppesen.

E. End-User is the “end-user” of the data that is the subject of this Agreement, and Requirements and Technical Concepts for Aviation, Inc. (RTCA) document DO-200A and European Organization for Civil Aviation Equipment (EUROCAE) document ED-76, “Standards for Processing Aeronautical Data,” Section 1.4, Application of Standard, state that, “The ultimate responsibility of ensuring that data [i.e. NavData] meets the quality for its intended application rests with the end-user of that data.

F. End-User is solely responsible for (i) thoroughly and appropriately training its users on the use of the System and the contents of any reformatted data derived from NavData, including, among other things, its limitations and differences from Jeppesen NavData, and (ii) training its users to confirm that the database information the user selects in the System is the database information the user intends to select.

2. OWNERSHIP/COPYRIGHT. Jeppesen is the owner or authorized licensor of the Products, which is protected by copyright. Material from the Australian Aeronautical Information Publication has been used by agreement with Airservices Australia. The Products provided hereunder may contain third party data provided by the avionics manufacturer in whose system the Products will be used and Jeppesen disclaims any and all responsibility and liability whatsoever for such third party data.

3. RESTRICTIONS ON USE. The Products may not be used for any other purpose, nor be sold or given by End-User to any third party for any use. Use of the Data by End-User to generate aviation charts or maps, whether for reference only or actual air navigation, is expressly prohibited. The Products cannot be used for performance based navigation procedure design (RNAV-RNP). End-User will NOT: (a) copy, reproduce, reverse engineer, decompile, disassemble or publish the Data; (b) electronically transfer the Products to multiple computers over a network system; (c) distribute copies of the Products or accompanying materials to others; (d) modify, adapt, or translate the Products or create derivative works based on the Products; or (e) assign, rent, lend, sell, transfer or sublease the Products.

4. WARNINGS:

A. PRODUCTS RELATED ALERTS AND NOTICES (“ALERTS”) ARE PUBLISHED ON JEPPESEN’S NOTICES AND ALERTS WEBPAGE ACCESSIBLE VIA WWW.JEPPESEN.COM. CHANGES MAY OCCUR AT ANY TIME AND END-USER AGREES TO REGULARLY MONITOR JEPPESEN’S NOTICES AND ALERTS WEBPAGE AS APPROPRIATE FOR ITS TYPE OF OPERATION.

B. THE CAO CHARTS MAY BE OUTDATED.

5. NO WARRANTY. END-USER ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER.

6. DISCLAIMER AND RELEASE. THE CONDITIONS, REPRESENTATIONS, GUARANTIES, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF JEPPESEN AND REMEDIES OF END-USER SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND END-USER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF END-USER AGAINST JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW, EQUITY OR OTHERWISE, WITH RESPECT TO ANY END-USER-SUPPLIED INFORMATION, THE PRODUCTS PROVIDED HEREUNDER AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH PRODUCTS, INCLUDING BUT NOT LIMITED TO: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING IN STRICT LIABILITY OR TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN; AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY PROPERTY OF END-USER, INCLUDING WITHOUT LIMITATION ANY AIRCRAFT.

7. EXCLUSION OF SPECIFIED LOSSES AND DAMAGES. JEPPESEN WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER, (i) WHETHER ARISING IN LAW, EQUITY, CONTRACT (INCLUDING BUT NOT LIMITED TO WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF JEPPESEN), STRICT LIABILITY OR OTHERWISE AND (ii) WHETHER SUCH LOSSES OR DAMAGES ARE DIRECT, INDIRECT OR OTHERWISE, FOR: (i) LOSS OF USE, REVENUE, PROFIT, ANTICIPATED SAVINGS, BUSINESS VALUE, OPPORTUNITY OR GOODWILL; (ii) LOSS OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION; (iii) LOSS OR DAMAGES RESULTING FROM DELAY IN PERFORMANCE AND COST OF SUBSTITUTE PROCUREMENT; (iv) LOSS OR DAMAGES RESULTING FROM REPRODUCTION OR RECOVERY OF PRODUCTS OR INFORMATION WHICH IS LOST, CORRUPTED OR DAMAGED IN ANY OTHER MANNER, WHETHER IN WHOLE OR IN PART; OR (v) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PURE ECONOMIC LOSSES OR DAMAGES; IN ANY WAY ARISING OUT OF OR RELATED TO THE AGREEMENT.

8. INDEMNIFICATION. End-User agrees to indemnify and hold harmless Jeppesen and its subcontractors from and against all claims and liabilities (including claims by third parties), and costs and expenses (including attorneys’ fees), incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including employees of End-User but not employees of Jeppesen, or for loss of or damage to any property, including any aircraft, arising out of or in any way relating to End-User’s utilization of the Products or any other things provided hereunder, whether or not arising in strict liability or tort or occasioned by the negligence of Jeppesen. End-User’s obligations under this indemnity will survive the expiration, termination, completion or cancellation of the Agreement.

9. For purposes of Sections 6. (Disclaimer and Release), 7. (Exclusion of Specified Losses and Damages) and 8. (Indemnification), the term “Jeppesen” includes its parent companies (at any tier), its divisions, subsidiaries and affiliates, the assignees of each, and their respective directors, officers, employees and agents.

10. LIMITATION OF LIABILITY. THE MAXIMUM LIABILITY OF JEPPESEN UNDER THE AGREEMENT SHALL BE ONE THOUSAND EUROS.

11. If a court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on Jeppesen’s liability set forth in this Section shall apply to the fullest extent permitted by law. If Jeppesen cannot exclude or limit a warranty or liability implied by law, these Additional Terms shall be read and construed subject to such provisions of law.

12. EXPORT COMPLIANCE. End-User shall be responsible for its compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the governments of the U.S. and, if applicable, other countries. End-User shall not attempt to, or knowingly export or re-export the Products covered under the Agreement to any country, or national thereof, prohibited from obtaining Products, either directly or indirectly through affiliates, or subsidiaries of End-User. Each party shall, at its sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct its respective activities hereunder. Nothing in this clause releases End-User from any obligation stated elsewhere in the Agreement not to disclose the Products.

13. GOVERNING LAW. ANY DISPUTE, CONTROVERSY OR CLAIM AGAINST JEPPESEN ARISING OUT OF OR RELATING TO THE PRODUCTS, WHETHER UNDER CONTRACT, TORT OR OTHERWISE, AND THESE ADDITIONAL TERMS ARE GOVERNED BY THE LAWS OF ENGLAND, WITHOUT RECOURSE TO CHOICE OF LAW STATUTES OR PRINCIPLES THAT WOULD OTHERWISE RESULT IN THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.

14. SEVERABILITY. If any term or provision of these Additional Terms is held invalid or unenforceable, such term or provision will be replaced by a valid and enforceable provision containing as close to the original intent of the parties as possible in light of the intent of this Additional Terms. The remainder of this Additional Terms will not be affected thereby and each remaining term and provision of this Additional Terms will be valid and enforceable to the fullest extent permitted by law.

15. AUTHORIZED SIGNATORY. THE SIGNATORY OF THESE ADDITIONAL TERMS WARRANTS TO BE AUTHORIZED TO SIGN THEM ON BEHALF OF BELOW NAMED COMPANY OR STATE AUTHORITY.