Terms of Service

Please read these terms carefully before using vatsim.flights. By using our service, you agree to be bound by these terms.

Last updated: January 6, 2025

Effective date: January 6, 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and vatsim.flights ("we," "us," or "our") regarding your use of the vatsim.flights website and services (the "Service").

Important Notice

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

We reserve the right to update these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

Service Description

vatsim.flights is a flight discovery platform that provides:

  • Real-time VATSIM ATC activity monitoring
  • Intelligent flight route recommendations
  • Flight planning and optimization tools
  • Integration with SimBrief and other flight simulation tools
  • User account management and preferences
  • Premium features for enhanced functionality

Service Availability

We strive to maintain 99.9% uptime, but cannot guarantee uninterrupted service. We may temporarily suspend the Service for maintenance, updates, or technical issues.

User Accounts and Registration

Account Creation

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must be at least 16 years old to create an account
  • One person may not maintain multiple accounts
  • You must notify us immediately of any unauthorized use of your account

Account Responsibilities

  • You are responsible for all activities that occur under your account
  • You must keep your contact information current and accurate
  • You may not share your account with others
  • You may not use automated tools to create accounts or access the Service

Account Termination

You may delete your account at any time through your account settings. We may suspend or terminate your account if you violate these Terms.

Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

Prohibited Activities

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful, offensive, or inappropriate content
  • Harass, abuse, or harm other users
  • Impersonate any person or entity
  • Distribute spam, malware, or viruses

Technical Restrictions

  • Attempt to gain unauthorized access to our systems
  • Use automated tools to scrape or download content
  • Reverse engineer or decompile our software
  • Interfere with the Service's operation or security
  • Bypass rate limiting or access controls
  • Use the Service to compete with us

Content Guidelines

  • Do not post false or misleading information
  • Respect other users' privacy and rights
  • Do not share inappropriate or offensive content
  • Follow VATSIM community guidelines when applicable

Subscription and Billing

Subscription Plans

We offer multiple subscription tiers with different features and limitations:

  • Free: Basic flight discovery with limited features
  • Captain: Enhanced features and increased usage limits
  • Flight Director: Premium features and unlimited usage

Billing Terms

  • Subscriptions are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • We may change subscription prices with 30 days' notice
  • Failed payments may result in service suspension
  • You can cancel your subscription at any time

Cancellation and Refunds

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of your current billing period
  • No refunds are provided for partial months or unused features
  • We may offer refunds at our discretion for exceptional circumstances

EU Consumer Rights

EU consumers have a 14-day right of withdrawal for digital services. This right is waived if you begin using the service during the withdrawal period.

Intellectual Property Rights

Our Rights

The Service and its original content, features, and functionality are owned by vatsim.flights and are protected by international copyright, trademark, and other intellectual property laws.

Your Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to:

  • Access and use the Service for personal, non-commercial purposes
  • Download and print content for personal use
  • Use our API according to our API terms (if applicable)

User Content

You retain ownership of content you submit to the Service. By submitting content, you grant us a worldwide, royalty-free license to use, modify, and display your content in connection with the Service.

Third-Party Content

The Service may include content from third parties, including VATSIM data, airport information, and flight data. This content is owned by its respective owners and used under appropriate licenses.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by ourPrivacy Policy, which is incorporated into these Terms by reference.

Data Security

We implement appropriate security measures to protect your data, but cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.

Data Retention

We retain your data as described in our Privacy Policy. You may request deletion of your data by contacting us or deleting your account.

Disclaimers and Limitations of Liability

Important Legal Notice

The following disclaimers and limitations may not apply in jurisdictions that do not allow such limitations.

Service Disclaimers

  • The Service is provided "as is" without warranties of any kind
  • We do not guarantee the accuracy of flight data or ATC information
  • The Service is for entertainment and educational purposes only
  • We are not responsible for decisions made based on our recommendations
  • Third-party integrations may have their own terms and limitations

Limitation of Liability

To the maximum extent permitted by law, vatsim.flights shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits, data, or business opportunities
  • Service interruptions or technical failures
  • Actions of third parties or external services
  • Any damages exceeding the amount paid for the Service

Flight Simulation Disclaimer

vatsim.flights is designed for flight simulation purposes only. Our recommendations and data should not be used for real-world aviation or navigation. Always follow official aviation authorities and procedures for actual flight planning.

Termination

Termination by You

You may terminate your account at any time by:

  • Using the account deletion feature in your settings
  • Contacting us at vatsimflights@esstudio.nl
  • Canceling your subscription (service continues until end of billing period)

Termination by Us

We may suspend or terminate your account immediately if you:

  • Violate these Terms or our Acceptable Use Policy
  • Engage in fraudulent or illegal activities
  • Abuse or misuse the Service
  • Fail to pay subscription fees
  • Pose a security risk to the Service or other users

Effect of Termination

Upon termination:

  • Your access to the Service will be immediately revoked
  • Your data will be deleted according to our Privacy Policy
  • Outstanding fees remain due and payable
  • Provisions that should survive termination will remain in effect

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

Dispute Resolution

For EU consumers, disputes may be resolved through:

  • Direct negotiation with us
  • Online dispute resolution platform: ec.europa.eu/consumers/odr
  • Local consumer protection authorities
  • Courts in your country of residence

Jurisdiction

For business users and non-EU consumers, any legal action must be brought in the competent courts of the Netherlands.

Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and vatsim.flights regarding the Service.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

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

Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

Contact Information

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

Email: vatsimflights@esstudio.nl

Subject Line: Terms of Service Inquiry

Website: https://vatsim.flights

We will respond to your inquiry within 5 business days.