Welcome to dis.aero
THIS LEGAL AGREEMENT BETWEEN YOU AND ADD Intelligence in Aviation SA de CV (ADD Aviation) ESTABLISHES THE CONDITIONS THAT GOVERN YOUR USE OF THE PRODUCT, SOFTWARE, SERVICES, AND DIS.AERO WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING THE “AGREE” BUTTON, YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
ADD Aviation is the provider of the Service, which permits you to obtain certain Internet services, including the administration of
discrepancies related to revision of aircraft technical documentation (Records), and making it accessible on your compatible devices
and computers, only under the terms and conditions set forth in this Agreement. As soon as you enable dis.aero, your content will be
automatically sent to and stored by ADD Aviation, so you can later access that content. “ADD Aviation” as used herein means:
ADD Intelligence in Aviation SA de CV, located in Queretaro Queretaro Mexico for users worldwide.
This service is available only for individuals of legal age in their country of residence. To use the Service, you should not be prohibited from receiving the Service under the laws of the United Mexican States or other countries, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.
Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. ADD Aviation reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. High-speed Internet access is strongly recommended for use. The latest version of required software is recommended to access the Service and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
ADD Aviation will periodically store backups in order to avoid loss of information during system upgrades; however if the user has not backed up their data through the conversion services to spreadsheet or PDF format, ADD Aviation reserves the right to delete the backups associated to any project of the user accounts. The Backup is limited to the lists of discrepancies and project and aircraft data. ADD Aviation shall use reasonable skill and due care in providing the Service, but TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ADD Aviation DOES NOT GUARANTEE THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND ADD Aviation SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain appropriate alternate backup of your information and data.
ADD Aviation reserves the right to modify or terminate the Service (or any part thereof), either temporarily or permanently. ADD Aviation may post on our website and/or will send an email in your Account to provide notice of any material changes to the Service. It is your responsibility to check your email address registered in the Service for any such notices. You agree that ADD Aviation shall not be liable to you or any third party for any modification or cessation of the Service. If you have paid to use the Service and we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment.
You agree to use the Service only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If your use of the Service or other behavior intentionally or unintentionally threatens ADD Aviation’s ability to provide the Service or other systems, ADD Aviation shall be entitled to take all reasonable steps to protect the Service and ADD Aviation’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations on use may result in termination of your Account.
The Service, or any feature or part thereof, will be available only in English as an international language of aviation as provided by Annex 8 of the ICAO concerning to airworthiness, and ADD Aviation makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
From time to time, ADD Aviation may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing ADD Aviation with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and ADD aviation, and that ADD Aviation is not obligated to provide you with any Beta Features. ADD Aviation may make such Beta Features available to Program participants by online registration via the Service. You agree that ADD Aviation may collect and use certain information from your Account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate.
You understand that once you enroll in a Program you may be unable to revert back to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. ADD Aviation strongly encourages you to backup all data and information prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk.
YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. ADD Aviation may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that ADD Aviation provides to you in order to receive any such support. ADD Aviation reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that ADD Aviation has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, ADD Aviation will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement, ADD Aviaton will be free to use any information you provide for any purpose.
The Service accepts credit cards and certain payment accounts (where available) for payment, and will automatically charge the payment method associated with your registered account in ADD Aviation. ADD Aviation may obtain preapproval for an amount up to the amount of the transaction. Fees are billed for each project registered as an administrator and that fee applies only to related project. Billing occurs at the time or immediately after your transaction. You agree that you will pay for the updates or enhancements you purchase through the Service, and that ADD Aviation may charge your credit card or payment account for any updates purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.
When creating the project we will notify you by email that your Account is about to be billed and that your credit card or payment account will be billed the indicated fees. You can add new projects as an administrator in the Service control panel. The applicable fee will take effect immediately; YOU ARE ENTIRELY RESPONSIBLE FOR CLOSING OF PROJECTS OR KEEP THEM OPEN THE REQUIRED TIME, BECAUSE ADD AVIATION WILL NOT BE RESPONSIBLE TO REOPEN A CLOSED PROJECT, REOPENING A PROJECT CAN GENERATE THE SAME CHARGE AS THE ONE BILLED WHEN THE NEW PROJECT WAS CREATED. All fees will be billed to the credit card or payment account you designate during the registration process. If ADD Aviation is unable to successfully charge your credit card or payment account for fees due, ADD aviation reserves the right to revoke or restrict access to your stored content, delete your stored Content, or terminate your Account. Your total price will include the price of the update or enhancement plus any applicable credit card fees and any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the upgrade. We will charge tax when required to do so under the tax rules applicable to the Service.
All fees and charges paid by you in relation to the Service are nonrefundable, except as required by law or as otherwise stated herein. Fifteen (15) calendar days after you have created a new project, the data of the aircraft model and serial number will not be able to be modified in any way. Applicable local legislation may change this policy.
ADD Aviation may at any time, upon notice required by applicable law, change the price of the services or institute new charges or fees. Price changes and institution of new charges implemented during your subscription billing year will apply to subsequent subscription billing years and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service.
As a registered user of the Service, you may establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify ADD Aviation of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, ADD Aviation shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
In order to use the Service, you must enter your email (registered) and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that ADD Aviation may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a registered Account, email address, domain name, or similar resource used by you in connection with the Service.
You agree that your Account is non-transferable and that any rights to your registered Account or Content within your Account terminate upon your death. Upon receipt of a copy of a death certificate your Account may be terminated and all Content within your Account deleted.
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with ADD Aviation’s Privacy Notice. You further consent and agree that ADD Aviation may collect, use, transmit, process and maintain information related to your Account for purposes of providing the Service, and any features therein, to you. Information collected by ADD Aviation when you use the Service may also include technical, statistical, or diagnostic information related to or resulting from your use that may be used by ADD Aviation to support, improve and enhance the Service. You further understand and agree that this information may be transferred to the United Mexican States and/or other countries for storage, processing and use by ADD Aviation, its affiliates, and/or their service providers.
“Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not ADD Aviation, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. ADD Aviation does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content, well as its interpretation to local or international aviation authorities. Under any circumstances express any opinion on the issues discussed between you and your customers. You understand and agree that your use of the Service and any Content is solely at your own risk.
You agree that you will NOT use the Service to:
upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
stalk, harass, threaten or harm another;
pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another dis.aero user, an ADD Aviation employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (ADD Aviation reserves the right to reject or block any registered Account which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
upload, post, email, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
plan or engage in any illegal activity; and/or
gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
collect any stored information relating to other user’s aircrafts for use in connection with any of the prohibited activities mentioned above.
You acknowledge that ADD Aviation is not responsible in any way for any Content provided by others and has no duty to pre-screen such Content. However, ADD Aviation reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. ADD Aviation shall use reasonable skill and due care in providing the Service, but ADD Aviation does not guarantee that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
ADD Aviation reserves the right to take necessary and appropriate measures to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that ADD Aviation may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement and aeronautical authorities, government officials, and/or a third party, as ADD Aviation believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
comply with legal process or request;
enforce this Agreement, including investigation of any potential violation thereof;
detect, prevent or otherwise address security, fraud or technical issues; or
protect the rights, property or safety of ADD Aviation, its users, a third party, or the public as required or permitted by law.
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to firstname.lastname@example.org
Except for material we may license to you, ADD Aviation does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant ADD Aviation a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you on behalf of ADD Aviation. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.
You understand that in order to provide the Service and make your Content available thereon, ADD Aviation may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits ADD Aviation to take any such actions.
ADD Aviation, ADD Aviation logo, dis.aero, dis.aero logo and other ADD Aviation trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of ADD Intelligence in Aviation SA de CV. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
You acknowledge and agree that ADD Aviation and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.
ADD Aviation grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by ADD Aviation as a part of the Service and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) modify, rent, loan, sell, distribute, create a derivative work of the Service, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United Mexican States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any United Mexican States embargoed countries or (b) to anyone on the Ministry of Foreign Affairs’ list of Specially Designated Nationals or the Department of Commerce Denied Person’s List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United Mexican States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
As part of the Service, you may from time to time receive updates to the Software from ADD Aviation. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that ADD Aviation may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.
You may terminate your Account and/or stop using the Service at any time. If you wish to stop using dis.aero, you can eliminate your registered account sending a request by email to email@example.com. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for projects that are not closed yet. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.
ADD Aviation may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include:
violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service;
a request by you to cancel or terminate your Account;
a request and/or order from law enforcement, a judicial body, or other government agency;
where provision of the Service to you is or may become unlawful;
unexpected technical or security issues or problems;
your participation in fraudulent or illegal activities; or
failure to pay any fees owed by you in relation to the Service.
Any such termination or suspension shall be made by ADD Aviation in its sole discretion and ADD Aviation will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, ADD Aviation may terminate your Account upon prior notice if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance or material modification to the Service or any part thereof. Any such termination or suspension shall be made by ADD Aviation in its sole discretion and ADD Aviation will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service, though it will refund pro rata any pre-paid fees or amounts.
Upon termination of your Account you will lose all access to the Service and any portions thereof, including, but not limited to, your registered Account. In addition, after a period of time, ADD Aviation will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because ADD Aviation may have no control over such third party sites and/or materials, you acknowledge and agree that ADD Aviation is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that ADD Aviation shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
You expressly understand and agree that ADD Aviation and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, use, data, cost of procurement of substitute the Service, or other intangible losses (even if ADD Aviation has been advised of the possibility of such damages), resulting from:
the use or inability to use the service
any changes made to the service or any temporary or permanent cessation of the service or any part thereof;
the unauthorized access to or alteration of your data;
the deletion of, corruption of, or failure to store and/or send or receive your data on or through the service;
statements or conduct of any third party on the service; and
any other matter relating to the service.
You agree to defend, indemnify and hold ADD Aviation, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:
any Content you submit, post, transmit, or otherwise make available through the Service;
your use of the Service;
any violation by you of this Agreement;
any action taken by ADD Aviation as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or
your violation of any rights of another.
This means that you cannot sue ADD Aviation, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of ADD Aviation’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless ADD Aviation from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.