APPLICATION END USER LICENSE AGREEMENT ("EULA")

Please read this Application End User License Agreement (“EULA”) carefully before downloading or using any fly-T products including but not limited to all fly-T’s web applications, apps for mobile phones, tablets, computers or any other fly-T GmbH offering, herein referred as “product” or “products”. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and fly-T GmbH (each separately a “Party” and collectively the “Parties”) as from the date you use or download the Product. Your use of the Products is subject to this EULA.

1. License.
Fly-T GmbH grants You an exclusive, non-transferable, non-sublicensable license to download, install, and use the Products for Your internal purposes strictly in accordance with this EULA. For the avoidance of doubt, You are aware that Your use of the Product is also dependent on your internet-connection and the particular offering you subscribe from your relevant telecommunications service provider. The operator is not responsible for any defects or delays caused by your internet-connection and -subscription, respectively, and does not offer any telecommunications services.

2. Your account.
Your use of the Products requires that You have an account with fly-T GmbH. To establish your account, You will have to register yourself for example by ordering one or more of fly-T’s products. In this registration process, You will be asked to provide your contact and identification, You will receive an own customer account. Your submitted data must be accurate and complete. You are also obliged to update your data as soon as it is subject to any changes such as a new address or e-mail. If you do not inform us on any such changes, you may not receive relevant notifications from us and we are not liable for any damages and/or inconveniences caused. You must also keep your passwords confidential at all times and may not share them with any third parties. If unauthorized parties gain access to your customer account and use it to your detriment, we are not liable for any damages and/or inconveniences caused.

3. Your content.
You are solely responsible for content uploaded and/or exchanged with other participants. Fly-T GmbH assumes no responsibility in this regard. Fly-T GmbH has no control over your content uploaded or shared and is not obliged to screen such content in advance. Fly-T GmbH reserves the right to (i) suspend or (ii) terminate Your access to the Products should this be necessary due to content which is illegal or infringing third party rights.

4. Changes to this EULA.
Fly-T GmbH reserves the right to modify this EULA from time to time. Fly-T GmbH will post the most current version of this EULA at https://www.fly-t.ch. Your continued use of the Product after Fly-T GmbH publishes notice of changes to this EULA will be deemed as Your consent to the updated terms. Fly-T GmbH remains free to further develop and adjust any technical features of the Product in the future without the need to change terms of this Agreement.

5. No included maintenance and support.
Fly-T GmbH may deploy changes, updates, or enhancements to the Product at any time. Fly-T GmbH may provide maintenance and support for the Product but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Product has an obligation to furnish any maintenance or support services in connection with the Product. Please note that Fly-T GmbH may, upon its own discretion, decide to not offer the Product and provide any related maintenance and support services for countries which are subject to political instability or prove non-suitable for the legislation of such country.

6. Acceptable use.
You agree that You will not use or encourage others to use the Product as accessed through the Product in a way that could harm or impair others’ use of the Product. You also agree not to violate the usage limits or controls set forth by:
(a) the Product Store Terms of Service, for iOS users accessing the Product on an Apple product, or
(b) Google Play Terms of Service for Android users accessing the Product on an Android product.


7. Privacy.
To operate and provide the Product, Fly-T GmbH may collect certain information about You. We use third party service providers to help us processing and/or analyzing this data, such as Google Analytics. To ensure the protection of your personal data, we use a function which processes your IP address in truncated form only to prevent a direct personal reference (IP-Anonymization).

8. Consent to electronic communications and solicitation.
By downloading the Product, You authorize Fly-T GmbH to send You (including via email and push notifications) information regarding the Product, such as: (a) notices about Your use of the Product, including notices of violations of use; (b) updates to the Product and new features or new products; and (c) promotional information and materials regarding Fly-T GmbH products and services.

9. No warranty / no liability.
Your use of the Product is at your sole risk. The Product is provided on an "As Is" basis. Fly-T GmbH expressly disclaims all warranties of any kind, to the extent possible under applicable law. In particular, Fly-T GmbH explicitly offers no guarantee for the accuracy and completeness of the data and information made available to You through the App. .
Fly-T GmbH excludes any liability whatsoever in relation to Your use of the Product to the extent possible under applicable law. In particular, should Fly-T GmbH ascertain security risks, then in order to protect the customer, Fly-T GmbH reserves the right to interrupt at any time its services until such risks are eliminated. Fly-T GmbH shall assume no liability for any losses incurred as a result of this interruption. Furthermore, any liability of Fly-T GmbH for losses incurred by You as a result of transmission errors, network (internet) issues, technical defects, overload, interruptions (including required system maintenance), disruptions, illegal interference and willful blocking of telecommunication equipment and networks, any illegal and/or unauthorized interference by the third parties, or other shortcomings on the part of the telecommunication equipment and network operators shall be precluded. The Product is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Product is solely Your responsibility and downloading the Product is done at Your own risk. Fly-T GmbH does not represent or warrant that the Product and Your device are compatible or that the Product will work on Your device.

9.1. iOS Application.
In the event of Fly-T GmbH failure to conform to any applicable warranty, You may notify Apple. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to (a) the Product and (b) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

9.2. Android Application.
Google expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purposes and non-infringement.

10. Term, suspension and termination of the App.
You may use this Product as long as Fly-T GmbH supports the application. Your entitlement to use this Product terminates automatically with the termination of Fly-T GmbH. Fly-T GmbH reserves the right to suspend or terminate Your access to the Product should this be necessary due to your infringement of provisions under this agreement or to comply with requirements of the Apple or Google Product Store. You understand that if Your account is suspended or terminated, You may no longer have access to the App.  

11. Intellectual property rights and privacy.
In the event of a third party claim that the Product, or Your possession and use of the Product, infringes third party’s intellectual property rights or privacy rights (data protection), Fly-T GmbH will block such infringing content ("take down measure") to avoid acting as a contributory infringer and may refuse to make such content accessible as longer You and the third party have not in writing settled the dispute in satisfactory manner at Fly-T GmbH sole discretion.

12. Contact information.
If You have any questions regarding this EULA, please contact Fly-T GmbH. This EULA is executed between You and Fly-T GmbH and not between You and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Product will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third-party beneficiary thereof. Fly-T GmbH is not responsible for any applicable third-party agreement between You and any third-party, including your mobile/internet provider.

13. Governing law and jurisdiction.
This EULA shall be governed by and construed in accordance with the substantive laws of Switzerland without reference to any conflict of law statutes. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the city of Zurich (Kreis 1).