Terms and Conditions of Use (or "Terms of Use")

Last update: 09.06.2023

These Terms and Conditions (“Terms of Use”) govern your use of our service. As used in these Terms of Use, “FLYLOG.io application”, “FLYLOG.io services” “the App", “our service", or “the service” means the FLYLOG.io application, including all features and functionalities, the website, user interfaces, mobile apps, and all content and software associated with our service.

By accessing, subscribing or using FLYLOG.io services, you are accepting this Agreement. You should read these Terms of Use carefully before using our services. If you disagree to be bound by any terms of this Agreement, you should not access FLYLOG.io services.

We reserve the right to change our Terms and Conditions of Use anytime and for any reason. Such changes will take effect on the posted date (i.e., the “Last Update Date” of this Terms of Use). We may change our service plans and the price of our service occasionally. We will notify you at least 14 days before these new Terms of Use apply to you. The communication will be held in electronic form only. We will contact you at the email address provided to use.

1. SERVICE PROVIDER
The “FLYLOG.io" application (the “App”), available at www.flylog.io, app.flylog.io, Apple App Store, Google Play Store App, is owned and operated by Breele, Limited Liability Company (LLC), Prague, Czech Republic, European Union.

2. YOUR CONSENT TO FLYLOG.io SERVICES
2.2. You must be over 18, or the age of majority in your province, territory or country, to use the FLYLOG.io service.
2.3. You agree to use the FLYLOG.io service, including all features and functionalities associated, in addition to that, following all applicable laws, rules and regulations, or other restrictions on the use of the service or content therein.
2.4. You also agree not to: decompile, reverse engineer or disassemble any software or other products or processes accessible through the FLYLOG.io service; or insert any code to manipulate the FLYLOG.io service destructively.
2.5. In addition, you agree not to upload, post, email, or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment associated with the FLYLOG.io service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
2.6. The FLYLOG.io software is developed by, or for, Breele s.r.o. and is designed to enable manage, storage, and view of data through web-browser-enabled devices and mobile devices running iOS and Android operating systems. The FLYLOG.io software may vary by device and medium, and functionalities and features may differ between devices. You acknowledge that the use of the service may require third-party software that is subject to third-party licences. You agree that you may automatically receive updated versions of the FLYLOG application, user interface, and related third-party software.
2.7. Users are forbidden to enter non-existing flights = flights without real aircraft or flight simulators for pilot training. If we detect such an anomaly, the user account will be suspended immediately.

3. SUBSCRIPTION, PAYMENTS & BILLING
3.1. Free Trial Period
3.1.1. Your membership starts with a free trial. The free trial period of your membership is limited and is intended to allow new members and certain former members to try the service.
3.1.2. FLYLOG.io determines free trial eligibility at its sole discretion, and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold if we determine you are not eligible.
3.1.3. We may use information such as device ID, payment method or an account email address used with an existing or recent membership to determine eligibility. For combinations with other offers, restrictions may apply.
3.1.4. For the Pilot Plan it’s possible to enter up to 20 records, for the Company Plan up to 50 records. After reaching the maximum number of “trial records”, you can continue with an active subscription only.
3.1.5. Trial accounts with no active subscription in last 12 months will be deleted.

3.2. Activation of the Membership
3.2.1. You can choose between Direct Subscription in the web app (best price guaranteed) or an In-app subscription through the Apple AppStore or Google Play.
3.2.2. FLYLOG.io offers three types of subscription plans. For more information, please visit our pricing page. Please, note that all prices shown do not include VAT tax if applicable (EU). VAT tax is calculated and displayed during the checkout process.
3.2.3. Your FLYLOG.io account will continue month-to-month (or year-to-year) until terminated.
3.2.4. To use the service, you must have Internet access and a compatible device and provide a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”). Unless you cancel your membership before your billing date, you authorise us to charge your next membership fee to your Payment Method (see “Cancellation” below). You can find specific details regarding your membership by visiting your Account profile. 3.2.5. If payment is not successfully settled, we suspend immediately your access to the service until we have obtained a valid Payment Method. This usually happens for several reasons: your card has expired, lack of funds or funds on hold, or your bank declined the transaction for an unknown reason to us. In this case, please, check your account profile and renew your membership.
3.2.6. Upgrading of the membership is possible at any time. The new membership will be activated immediately. For yearly subscriptions, the remaining amount will be calculated and deducted from the new membership price. For monthly subscriptions, full price will be charged.

3.3. Billing Cycle
3.3.1. The membership fee will be charged on a monthly or yearly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership.
3.3.2. In some cases, your payment date may change, for example, if your Payment Method has yet to settle successfully or if your paid membership began on a day not contained in a given month/year. Visit your Account profile to see your next payment date.

3.4. Payment Methods
3.4.1. You can change your Payment Method by visiting your Account profile.
3.4.2. When you update your Payment Method, you authorise us to continue charging the updated Payment Method. For some Payment Methods, the issuer of your Payment Method may charge you specific fees, such as a foreign transaction fee or other fees relating to processing your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
3.4.4. The invoice for the payment is available for download at your user profile. To check your transactions, navigate to your account and select Transactions at the top bar navigation menu. To ensure that the desired information appears on the invoice (e.g. company name), please add it to your user profile.

3.5. Cancellation of the Membership
3.5.1. You can cancel your membership at any time and will continue to have access to the FLYLOG.io service through the end of your billing period.
3.5.2. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods.
3.5.3. To cancel, go to the Account profile and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, check your Account profile.
3.5.4. If you signed up for FLYLOG.io using your account with a third party as a Payment Method (Apple AppStore, Google Play Store) and wish to cancel your membership, you may need to do so through such a third party, for example, by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the FLYLOG.io service through that third party.
3.5.5. We keep your data on our servers for 12 months if you decide to restore your membership. After this period, the data associated with your profile will be permanently deleted and and will not be recoverable. However, your profile will still remain active.

4. CHANGES TO THE PRICE AND SERVICE PLANS
We may change our service plans and the price of our service occasionally. We will notify you at least 14 days before these new Terms of Use apply to you. The communication will be held in electronic form only. We will contact you at the email address provided to use.

5. ACCOUNT ACCESS & PASSWORDS
The member who created the FLYLOG.io account and whose Payment Method is charged (the “Account Owner”) has access and control over the FLYLOG.io account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over the devices used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold to protect you, FLYLOG.io, and our partners from identity theft or other fraudulent activity.

6. DATA OWNERSHIP & COPYRIGHT
All data uploaded to the FLYLOG.io service by any user or automated device (smartphone) is owned by you. By using our service, you consent to use this data for FLYLOG.io marketing purposes and for improving the service’s functionality. Your data can be used in public flight feeds, statistics, and rankings - visible in web or mobile applications. FLYLOG.io is not providing this data to any 3rd party parties for commercial or noncommercial purposes.

7. CUSTOMER SUPPORT
7.1. To find more information about our service and its features, or if you need assistance with your account, please visit the FLYLOG.io website and consult the User manual. You can contact the customer support at support@flylog.io.
7.2. Priority is given to Premium users in the event of a high volume of requests.
7.3. We suggest referring to the user manuals if you need assistance using the features or our services. Please find out more on Manual webpages.

8. MISCELLANEOUS

8.1. Governing laws
These Terms of Use shall be governed by and construed following the laws of the Czech Republic. Any legal disputes will be judged by a court in the Czech Republic according to the law of the Czech Republic.

8.2. Survival
Suppose any provision or provisions of these Terms of Use shall be held invalid, illegal, or unenforceable. In that case, the remaining provisions’ validity, legality and enforceability shall remain in full force and effect.

8.3. Electronic communications
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example, via emails to your email address provided during registration.

9. CONTACT US
If you have any questions or suggestions regarding our Terms of Use, please do not hesitate to contact us at support@flylog.io.