Terms of Use

These Terms of Use constitute a legal agreement between you and SQKR (“the Company”, “we,” “our” or “us”) concerning your access to and use of the SQKR App (“the App) and other related services. By accessing or using the App or the content provided on or through the App, you agree to follow and be bound by the Terms of Use and our Privacy Policy.

By clicking the “Register” button when registering an account or using the App and/or the related services, you acknowledge that you have read and understood the Terms of Use and agree to be bound by them and to comply with all applicable laws and regulations. Therefore, please read these Terms of Use carefully before signing up.

If you do not agree with these terms and conditions, you should not access and/or use the App.

About the SQKR App

SQKR is a free, online mobile Application which allows pilots and aviation companies to interact, and share their flying schedules and other details. Through the App, users are able to chat with each other, upload and share video and photo content and advertise.

No flight activities arising from the App will be offered for compensation or hire, within the meaning of 14 CFR § 61.113. In addition, by using the App, you agree to comply with all applicable aviation laws and regulations.

Who may use the App

Although your use of the App shall be voluntary, you must

  1. Have attained the age of majority (18 years of age);
  2. Not have previously been disqualified or terminated from the App for violation of law or any of our policies;
  3. Have no criminal convictions;
  4. Users must have a current and valid pilot certificate; and
  5. Meet any other additional requirements that the Company may impose from time to time.

Accounts

You will be required to register in order to access the App. Accordingly, you must complete the registration process by providing the Company with current, complete and accurate information about yourself as prompted by the applicable registration form.

In addition, you will be prompted to choose a username and password for your Account. As a user, it is your responsibility to maintain the confidentiality of your account details and password. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.

Using your Account, you will be able to control most communications and activities. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.

Use of the App

Subject to these Terms and Conditions, the Privacy Policy and all other applicable laws and regulations, the Company hereby grants you a non-exclusive, non-transferable, limited license to access, view and use the App and the content therein which the Company will allow you access from time to time.

Please note that the licence does not amount to a transfer of title to the App, neither does the authorization allow you to modify, reproduce, copy or reproduce the App and its contents for commercial purposes. Requests for permission to reproduce any information contained on the App should be sought expressly from the Company.

Restrictions

You agree and understand that the App will not at any time be used for any of the following restricted purposes:

  1. Harass, “stalk” or otherwise cyber-bully any purpose;
  2. Violate applicable law, including, without limitation, those related to aviation, obscenity, or computer use or access;
  3. Engage in any acts of fraud or misrepresentation;
  4. Attempt to impersonate any other person, including any of the Company’s representatives, agents or employees;
  5. Provide instructional information about illegal activities or encourage criminal conduct, conduct that would give rise to civil liability, or that would otherwise violate any applicable local, state, national, or international law;
  6. Interfere with the operations of the App;
  7. Infringe or violate the rights of any person, including the right to privacy and intellectual property rights;
  8. Allow unauthorized persons to access or use the App on any electronic device;
  9. Distribute any computer viruses, worms, Trojan horses or other elements destructive to the App, hardware or software of the Company and other users;
  10. Attempt to decrypt any encrypted or scrambled communications;
  11. Defame or transmit any defamatory, hateful, or racially, ethnically or otherwise illegal, immoral, or objectionable material.

Permissions

To enable us to make the App and the services accessible, you agree to grant us permissions that we require, including the following:

  1. Permission to use your username and profile details with other App users, ads, and sponsored content;
  2. Permission to download and install updates to the App on your device;
  3. Any other reasonable permission that the Company may require from time to time.

By granting us the aforestated permissions, we will not claim ownership of or rights over your content. You hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account.

Intellectual Property

You acknowledge and agree that the App is subject to intellectual property such as copyright, trademark and patent. The App, its material and Technology anywhere in the world belong to us or our licensors. Rights in the App are licensed (not sold) to you, and you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the Terms of Use. Nothing in the Terms gives you a right to use the App name or any of the Company’s trademarks, logos, domain names, other distinctive brand features, and other proprietary rights.

You also acknowledge that you have no right to have access to the App in source-code form.

SQKR Privacy Policy

Our Privacy Policy sets out, among other things, our data collection, retention, use and disclosure practices. Please read the Privacy Policy to understand how your information is treated.

Indemnity and limitation of liability

Your access to and use of the App or any material therein are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.

We DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We also make no warranty or representation and disclaim all responsibility and liability for the following:

  1. the completeness, accuracy, availability, timeliness, security or reliability of the services accessed under the App or any Content;
  2. The competence, qualifications, currency and proficiency of the users.
  3. The age or character of the users;
  4. Incorrect or inaccurate information;
  5. Unauthorized access to or disclosure of user transmissions or data;
  6. Statements or conduct of any third parties;
  7. Conduct of any face to face meetings between users arising from the use of the App; and
  8. Availability of the App on an uninterrupted, secure, or error-free basis.

To the maximum extent permitted in Law, we shall not accept liability for any direct or indirect damages, loss of profits or revenues resulting from your access or use of the App.

Termination

The Company may terminate your access to the App or other services without any prior notice to you if:

  1. You use your Account for unauthorized purposes or where we detect any abuse/misuse, fraud or attempted fraud relating to your use of the App;
  2. If we are directed to do so pursuant to an order or instruction of or a recommendation from the Government, court, regulator or other competent authority;
  3. If you violate the intellectual property rights of the Company or other users such as content created or shared through the App;
  4. If the Company reasonably suspects or believes that you are in breach of these Terms and Conditions, which you fail to remedy (if remediable) within seven (7) days after the service of notice by email, or other electronic means requiring you to do so;
  5. In the event such a termination is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the App from time to time; where your Account becomes inactive or dormant;
  6. If the Company decides to suspend or cease the provision of the App for any reason as it may determine in its absolute discretion.

Relationship with the Company

Nothing contained in these terms and conditions will be construed to create the relationship of principal and agent, employer and employee, partners or joint ventures with the Company. Accordingly, you shall not be construed as a “workman” or “employee” in any applicable legislation or regulation.

Dispute resolution

We shall endeavor to settle all and any differences or disputes arising between us and users of the App and related services in an amicable manner. To this end, we shall employ mediation, negotiation, conciliation and arbitration in resolving disputes arising out of the use of the App.

Governing Law

This Agreement shall be governed by the laws of the State of New York, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) must be resolved exclusively by a court of competent jurisdiction, federal or state, located in the State of New York.

Miscellaneous

Third parties. This Agreement does not give rights to any third parties. You may not assign or attempt to assign your rights and obligations without our express consent.

Amendment. The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.

Entire Agreement. These Terms of Use, the Privacy Policy and any other policies constitute the entire agreement between the Company and you and supersede any previous oral, written or electronic communications or documents with respect to the App. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

Contact us

If you have any concerns or questions regarding these Terms of Use, please contact us at Contact@flysqkr.com.

Effective date of the Terms of Use: 01 day of April 2020

Last updated on: 01 day of April 2020