AvA

General Terms

1 Silicon Sky Services
1.1 Silicon Sky Limited (We, Us and Our) provides on-line learning services (Silicon Sky Services) for end users (You and Your) https://www.silicon-sky.com that can be used and accessed on applications (Silicon Sky Apps) via various operating systems on Your mobile phone or other mobile devices.

1.2 We only provide the Silicon Sky Services and the Silicon Sky Website (https://www.silicon-sky.com) for private use of individual users and not for corporate use. Anyone interested in operating the Silicon Sky Services for commercial or corporate purposes (including without limitation, by providing services to third parties) must agree terms of use with Us before doing so at www.silicon-sky.com.

The Silicon Sky Services are for ground training purposes only and are not to be used whilst flying or operating any machinery

2 Silicon Sky – Terms of Use
2.1 The Silicon Sky Terms of Use are comprised of:
these General Terms;
the Silicon Sky Privacy Policy
the Silicon Sky Cookies Policy and
the Silicon Sky Acceptable Use Policy
and are all available at https://www.silicon-sky.com

2.2 As a condition of using Silicon Sky Services, You must agree (whether or not You are an existing or former user) that You have read and agree to the Silicon Sky Terms of Use on each occasion of accessing the Silicon Sky App or the Silicon Sky Website. If you do not agree to the Silicon Sky Terms of Use, please do not access or use the Services.

2.3 The Silicon Sky Terms of Use may be updated from time to time and the updated version will be posted on the Silicon Sky Website with the date these amendments are made located at the top of the page. The revised Silicon Sky Terms of Use will apply to the provision by Us and use by You of all Silicon Sky Services from the date of the posting of those revised terms and Your continued use of Our Services after any amendments constitutes Your acceptance of any such revised Silicon Sky Terms of Use.

2.4 Provided that the Silicon Sky Services continue to meet the service description provided to You when You purchased Your Licence in all material respects, We may update the Silicon Sky Services to implement technical adjustments or make improvements. Any new features that are added to the then current Silicon Sky Services, shall be subject to the Silicon Sky Terms of Use (as updated from time to time).

3 Registration for Silicon Sky Services

3.2 In order to access and use Silicon Sky Services, You must create a user account by providing a username, a valid email address and any other information We may require from time to time (“Account”).

3.3 You are responsible (subject to the Silicon Sky Privacy Policy) for maintaining the confidentiality of the information that You upload to Your Account and You are fully responsible for all activities that occur under Your Account.

3.4 Your Account must be used only by You and must not be shared with, or transferred to any other individual.

3.5 You must immediately notify Us via our Contact Us page of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security.

4 Privacy Policy and Cookie Policy

4.2 We take Your privacy very seriously. Any personal information You submit to us when setting up an Account shall be subject to our Privacy Policy and Cookie Policy that are located at https://www.silicon-sky.com/privacy.

4.3 You understand that by accessing and using the Silicon Sky Services, You are giving both initial and ongoing consent to the collection and use by Us of this information (subject always to the Silicon Sky Privacy and Cookie Policies).

5 Intellectual Property Rights

5.2 We (or our licensors) own all intellectual property rights in:
the Silicon Sky Website;
all software and design rights in the software that you download from the Silicon Sky App or the Silicon Sky Website to enable you to access the Silicon Sky Services (Silicon Sky Software); and
all of the content available through the Silicon Sky Services (Our Content).

5.3 All data that You upload to the Silicon Sky Website is owned by You (Your Content).

5.4 You acknowledge and accept that You are expressly prohibited from using the Silicon Sky Services, the Silicon Sky Software and or Our Content except where We grant You (and You comply with) a license (in accordance with Clause 6 below).

5.5 Our names and logos ‘AvA’ ‘AvA+ and ‘Silicon Sky’ are Our registered (and/or pending) trademarks. To the extent that there are trademarks or logos from other organisations on the Silicon Sky Website or Apps, they are the trademarks and logos of those respective organisations. You are granted no general right or commercial license with respect to Our trademarks and logos or of the trademarks or logos of those other organisations.

6 Your Licence

6.2 Subject to Your ongoing compliance with the Silicon Sky Terms of Use, We grant You a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use the Silicon Sky Software and Our Content for the exclusive purpose of using the Silicon Sky Services for Your own personal, non-commercial use (“Licence”).

6.3 Your Licence to use Our Content is restricted to use of the object code of the Silicon Sky Software, and it is a condition of the Licence that, except where permitted under applicable law, You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Silicon Sky Software.

6.4 You shall not access the Silicon Sky Apps or the Silicon Sky Website by any means other than through the interfaces that are provided by Us for use in accessing the Silicon Sky Services.

7 Third-party content and links to third-party websites

7.2 The Silicon Sky Services may contain links to third party websites and third-party content (“Third Party Websites and Content”).

7.3 We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third Party Websites. In addition, Third Party Websites are not under Our control and We are not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites.

7.4 You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites.

8 Silicon Sky Fees, Plans and Cancellation

8.2 Some of Our Content can initially be used free of charge (Free Content). This includes early learning courses and content.

8.3 If You decide to continue using the Silicon Sky Services beyond the free period, You must pay the fees for that continued use and they are specified at https://www.silicon-sky.com/ (Silicon Sky Fees) and are subject to different subscription plans, gift plans and promotions specified there. We reserve the right to update the Silicon Sky Fees from time to time.

8.4 You may cancel Your Account within fourteen (14) days of the date You activated your Account if You have not downloaded and used the Silicon Sky Content for self-learning in that time. To cancel Your Account within this fourteen (14) day period, please Contact Us.

8.5 After the expiry of that initial 14 day period, You can still close Your Account and terminate Your use of the Silicon Sky Services at any time but please be aware, that to reinstate Your Account and use of Silicon Sky Services will require a new purchase.

8.6 If You pay by a monthly subscription plan, You may cancel Your subscription at any time by going to Your subscription settings. Monthly subscription will automatically renew as a rolling subscription and renew at the end of each monthly period, being one month (or as near to the date as possible) from the date on which Your monthly subscription plan was activated.

8.7 We reserve the right to modify, temporarily suspend or permanently delete Your Account and terminate Your access to the Silicon Sky Services if We have reason to believe that You have breached or acted inconsistently with the Silicon Sky Terms of Use.

8.8 We are not liable to you for any modification or discontinuance of the Silicon Sky Services.

9 No representations and warranties

9.2 We do not guarantee that the Silicon Sky Services, or Silicon Sky Content therein, will always be available, uninterrupted and/or free from bugs or viruses.

9.3 You are responsible for configuring your technology platform to access any Silicon Sky Services.

9.4 We may suspend or withdraw or restrict the availability of all or any part of the Silicon Sky Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.

9.5 You understand and agree that the Silicon Sky Services are provided “as is” and that you use the Silicon Sky Services at Your own risk.

9.6 To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose.

9.7 We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement of your radio telephony learning or your learning of any other subject by use of our Services, accuracy of Our Content, User Content or any other content available by use of the Services.

9.8 Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.

9.9 Although we make all reasonable efforts to keep our services up-to-date and representative of the latest legislation and regulations, the most up-to-date information is always to be found from approved regulatory documents. In the event of any contradiction between information in the Services and that found in a regulatory document, the information in the latter should always be taken in preference.

  1. Limitation of Liability
    10.1 Exclusion of Liability: We are not and shall not be liable to You or to any third party for any damages, including but not limited to loss of profit, inaccurate results, loss or corruption of Your Content or any data, Silicon Sky Content being inaccurate, the cost of recovering any data or Your Content, inability to access the Silicon Sky Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where We have been advised of the possibility of such damages.
    10.2 Limitation of Liability: Where liability is not excluded under Clause 9.1 above, Our liability is limited to the Fees paid by You to Us for the Silicon Sky Services in the 12 months prior to the initial action giving rise to the liability.

10.3 If no Fees have been paid by you and your use of the Services has been limited to the Free Services, you shall not be entitled to any damages of any kind.

10.4 Views expressed on our site by other users are not necessarily Our views.

10.5 You release us from all claims, demands and damages of any kind or nature arising out of or in any way connected with any dispute between You and any other user of Silicon Sky Services.

10.6 You agree to indemnify and hold Us, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of Your Content, Your use of the Silicon Sky Services, your connection to the Silicon Sky Services, your breach of the Silicon Sky Terms of Use, or Your violation of any rights of another person or entity.

  1. General Terms

11.1 The Silicon Sky Terms of Use are governed by English Law. All legal proceedings will be exclusively subject to the jurisdiction of the courts of England and Wales.

11.2 Under the Silicon Sky Terms of Use, no person other than Us and You shall have any rights in relation to Your access and/or use of the Silicon Sky Services, provided that Our third party licensors may take action against You to enforce any infringement of their intellectual property rights or other rights.

11.3 If We do not exercise or enforce any rights or provision under the Silicon Sky Terms of Use, this shall not constitute a waiver of such rights or provisions. If any provision of the Silicon Sky Terms of Use are found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Silicon Sky Terms of Use remain in full force and effect.

11.4 The Silicon Sky Terms of Use represent the entire understanding between Us and You and they supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between Us and You.

  1. Changes to Our Terms of Use
    We may change the Silicon Sky Terms of Use and We will post an updated version on the Silicon Sky Website on each occasion. By continuing to use the Silicon Sky Website and the Apps or providing Us with information after We have posted an updated Silicon Sky Terms of Use, You consent to the revised Silicon Sky Terms of Use.
  2. Contact Us
    If You have any questions about the Silicon Sky Terms of Use, please contact Us at www.silicon-sky.com