Privacy Policy

1. Agreement and Scope

These Terms of Use (“Terms”) govern access to and use of Aviato’s websites, web applications, mobile applications, APIs, documentation, and related features, products, and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, do not use the Services.

2. Updates to These Terms

We may update these Terms from time to time. The Effective date above reflects the latest revision. Continued use of the Services after any update constitutes acceptance of the updated Terms.

3. Eligibility

Minimum age: 16. You must have the legal capacity to enter into a binding contract. If you use the Services for an entity, you confirm you are authorized to do so.

4. Accounts

Provide accurate, current, and complete information. Keep credentials confidential. You are responsible for all activity under your account. We may suspend or terminate an account for breach, fraud, security risk, non-payment, or unlawful use.

5. Acceptable Use

Do not:

• Access the Services via scraping, spiders, robots, or other automated means without written consent.
• Bypass or interfere with security, rate limits, or access controls.
• Reverse engineer, decompile, or attempt to derive source code except to the extent permitted by law that cannot be contractually excluded.
• Introduce malware or content that is unlawful, infringing, defamatory, harassing, or otherwise prohibited.
• Misrepresent identity or affiliation, resell or lease the Services, or use them for competitive analysis without consent.
• Infringe third-party intellectual property, privacy, or other rights.

We may investigate violations and take action without notice.

6. Service Changes and Availability

We may add, modify, or remove features; conduct maintenance; or suspend the Services. No uptime guarantee is provided. You are responsible for backing up your data where required for your operations.

7. Electronic Communications and E-Signatures

You consent to receive notices, disclosures, and records electronically and to use electronic signatures. Electronic records and signatures satisfy legal “in writing” and “signed” requirements.

8. Subscriptions, Fees, and Taxes

Certain features require payment. You authorize us and our payment processors to charge all fees on a recurring basis until cancellation. Fees are payable in the stated currency and are exclusive of taxes unless indicated. You are responsible for applicable taxes. Except as required by law or expressly stated, payments are non-refundable once a billing period starts. Cancellation stops future renewals and access continues until the end of the paid term.

9. Trials, Discounts, and Promotions

Trials and promotional offers are time-limited and subject to specific terms. We may modify or withdraw offers at any time.

10. User Content and Data

“User Content” includes flight logs, documents, records, attachments, and other content you submit to or through the Services.

• Ownership: You retain ownership of User Content.
• License to Aviato: You grant Aviato a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, back up, and otherwise use User Content only to provide, maintain, secure, improve, and support the Services, to comply with law, and to enforce these Terms.
• Responsibility: You are responsible for User Content, its accuracy, and your compliance with law and third-party rights. We may remove content that violates law or these Terms.
• Data Processing: Processing of personal data is governed by the Privacy Policy. For personal data matters, the Privacy Policy controls if it conflicts with these Terms.

11. Verification and Compliance Support

Features that estimate, verify, or enrich data (e.g., flight-time estimation, public-data cross-checks) are assistive. You remain responsible for meeting regulatory, operational, and record-keeping obligations. The Services do not replace required audits, certifications, or approvals.

12. Third-Party Services

The Services may link to or integrate third-party products (e.g., payments, analytics, aviation data, communications). Third-party terms and privacy policies apply to those products. We are not responsible for third-party content, actions, downtime, or data handling.

13. Intellectual Property

Aviato and its licensors own all rights in the Services, including software, design, databases, and content, excluding User Content. Subject to these Terms, Aviato grants a limited, revocable, non-exclusive, non-transferable license to use the Services for your internal business or personal professional purposes. No other rights are granted.

14. Feedback

If you provide suggestions, ideas, or feedback (“Feedback”), you grant Aviato a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose without restriction or attribution.

15. Beta and Early Access

Beta or pre-release features may be offered. They are provided “as is,” may change or end at any time, and may be subject to additional terms. Use them at your own risk.

16. Security

We implement technical and organizational measures to protect the Services. No system is guaranteed secure. You are responsible for secure configuration on your devices, safeguarding credentials, and promptly notifying us of suspected account compromise.

17. Suspension and Termination

We may suspend or terminate access immediately for breach, security risk, suspected fraud, legal request, or non-payment. Upon termination, your right to use the Services ends and we may delete account data according to our retention policy and applicable law. Sections that by nature should survive (e.g., IP, fees due, disclaimers, liability limits, indemnity, dispute resolution) survive termination.

18. Disclaimers

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, Aviato disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that data will be preserved without loss.

19. Limitation of Liability

To the maximum extent permitted by law:

• Aviato is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages; or for lost profits, revenues, business, goodwill, or data; even if advised of the possibility.
• Aviato’s aggregate liability for all claims arising out of or related to the Services is limited to the total fees you paid to Aviato for the Services giving rise to the claim in the 12 months preceding the event.

These limits apply to all theories of liability, whether in contract, tort (including negligence), strict liability, or otherwise.

20. Indemnity

You will indemnify and hold harmless Aviato, its affiliates, and their directors, officers, employees, and agents from and against claims, losses, liabilities, damages, costs, and reasonable legal fees arising from: (a) your User Content; (b) your breach of these Terms; (c) your violation of law or third-party rights; or (d) your misuse of the Services.

21. Governing Law and Dispute Resolution

• Governing law: Laws of Singapore.
• Arbitration: Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the SIAC Rules in force when the Notice of Arbitration is submitted. The seat of arbitration is Singapore. The tribunal consists of one arbitrator. The language is English.
• Injunctive relief: Either party may seek urgent injunctive or equitable relief from a court of competent jurisdiction.

22. Export Controls and Sanctions

You represent you are not subject to trade sanctions and will not use the Services in or for the benefit of embargoed or sanctioned persons or jurisdictions. You will comply with applicable export, re-export, and sanctions laws.

23. Force Majeure

We are not liable for delay or failure caused by events beyond reasonable control, including outages, cyberattacks, acts of God, labour disputes, governmental actions, or interruptions of networks or utilities.

24. Assignment

You may not assign or transfer these Terms or any rights or obligations without our prior written consent. We may assign or transfer these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

25. Entire Agreement; Order of Precedence

These Terms, any applicable order form or plan-specific terms, and the Privacy Policy form the entire agreement regarding the Services and supersede prior or contemporaneous agreements on the same subject. If there is a conflict, the following order applies: (1) plan-specific or order terms, (2) these Terms, (3) the Privacy Policy (for personal data processing, the Privacy Policy controls).

26. Severability; No Waiver

If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver.

27. Notices

We may provide notices by email, in-product messages, or by posting to the Services. Notices to Aviato must be sent to the email and address below.

28. Contact

Aviato by Cuppa PTE LTD
105 Cecil Street, #18-00 The Octagon
Singapore 069534
Email: hello@aviato.so

‍