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Stellar Terms of Service

Last Updated: September 16, 2015

These Terms of Service (the “Terms”) sets forth the terms and conditions that govern your use of the Stellar mobile application (the “App”), the stellar.aero website (the “Site”) and other online products and services that link to these Terms (collectively, with the App and the Site, the “Service”). By accessing or using the Service, you agree with Stellar Labs, Inc. (“Stellar”, “we” and “us”) to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. References to Stellar shall also mean its affiliates, successors and assigns. Use of the Service is solely for your own use, and not for the use of benefit of any third party. Only individuals may use the Service. You may not transfer the right to use the Service to any other person or entity. The Terms are also at stellar.aero/legal/terms.html.

Users of the Service are provided access to a marketplace where they can arrange and schedule air transportation with private aviation providers. Please note that Stellar provides a technology platform. It is not an air carrier and does not operate any aircraft on behalf of you or any other client. For each flight that you arrange through the Service, you will be required to agree separately to terms and conditions regarding such flight.

You are required to register with Stellar through the App or the Site and provide us with accurate and complete registration information, including your legal name, email address, cell phone number and password, and to keep such registration information current and accurate. You are solely responsible and liable for activity that occurs on your account and for maintaining the security and confidentiality of your password. You shall never use another user's account without such other user's prior express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach that becomes known to you.

The Service is not available to individuals who are younger than 18 years old, and persons under the age of 18 are prohibited from creating an account and using the Service. You represent that you are more than 18 years of age and are fully able and competent to agree to the terms and conditions set forth in these Terms, and to abide by and comply with these Terms.

We may refuse to provide the Service to any person in our sole discretion. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms or use of the Service is prohibited and, in such circumstances, you agree not to use or access the App, the Site or Service in any way.

Stellar has the right at any time to change or discontinue any aspect or feature of the Service, and to change or modify these Terms or any other terms and conditions applicable to your use of the Service, or any part thereof, or to impose new conditions. Any such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, updating the date at the beginning of these Terms, posting on the Site or through the App, in or by electronic mail or messaging, or by any other means by which you obtain notice thereof. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions, unless you notifies Stellar in writing that you are terminating your use of the Service within five (5) business days of receipt by you of such notice, in which case your conduct prior to the date of notice shall be deemed governed by Terms in effect immediately prior to such notice without such changes, modifications or additions. You are responsible for regularly reviewing these Terms.

You are granted a limited, non-exclusive, non-sublicensable, no-transferable, revocable license to access and use the Service for your personal use only. You may not use the Service to arrange for a flight or other transportation and then complete a booking of a flight independent of the Service. Use of the Service is subject to your compliance with these Terms. All rights in and to the Service and all intellectual property and other rights therein are the property of Stellar and/or its licensors. You may not use or reference in any manner the trademarks, tradenames, service marks or service names of Stellar without the express written consent of Stellar.

You are responsible for obtaining the data network access necessary to use the Service. Your mobile network's data and messaging rates and fees will apply for use of the App. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service.

In addition to the restrictions set forth elsewhere in these Terms, In connection with your use of the Service, you may not and you agree that you will not:

use, reference or publish the pricing or flight information provided to you through the Service except for your own personal use, and not for or on behalf of others.

use the Service for any commercial or other purposes that are not expressly permitted by these Terms.

copy, store or otherwise access or use any information obtained through access or use of the Service for purposes not expressly permitted by these Terms.

systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

access, "scrape," "crawl" or "spider" any part of the Service, whether by manual or automated software, devices, scripts, robots, backdoors or other means or processes.

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

violate any applicable law or regulation.

interfere with or damage the Service or any element therein, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

attempt to probe, scan, or test the vulnerability of any Stellar system or network or breach any security or authentication measures.

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Stellar or any third party provider to protect the Service.

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service.

advocate, encourage, or assist any third party in doing any of the foregoing.

access or use the Service to transmit, distribute, post or submit any information concerning any other person or entity.

access or use the Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements.

"stalk" or harass any other user of the Service.

recruit or otherwise solicit any user of the Service or an air carrier to business that are competitive to Stellar.

impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.

use, display, mirror or frame the Service or any individual element.

forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information

Please see our privacy policy at www.stellar.aero/legal/privacy.html.

You expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Stellar. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. These communications, by whatever means, will include, but are not limited to: flight information, operational communications concerning your account or use of the Service, communications concerning promotions run by us or our third party partners, and news concerning Stellar. You may opt out of promotional messaging

We may allow you to submit, submit, upload, publish or otherwise make available through the Service information, including feedback related to the Service and requests, (“User Information”).

By providing User Information to Stellar, you grant Stellar a worldwide, perpetual, irrevocable, transferrable, royalty-free, sublicensable (through multiple tiers) license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Information in all media and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that you either are the sole and exclusive owner of all User Information or you have all rights, licenses, consents and releases necessary to grant the license to the User Information as set forth above. In addition, you represent and warrant that neither the User Information nor your submission, uploading, publishing or otherwise making available of such User Information nor our use of the User Information (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

Stellar does not assert any ownership over User Information, and as between Stellar and you, subject to the foregoing license and these Terms, you retain full ownership over the User Information.

Disclaimer; Limitation of Liability

While we would like the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

THE SERVICE IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. STELLAR DOES NOT GUARANTEE THE ABILITY TO ACCESS OR USE THE SERVICE AT ANY GIVEN TIME OR LOCATION, OR THE RESULTS FROM USE OF THE SERVICE. STELLAR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, STELLAR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICE. STELLAR DOES NOT GUARANTEE THE QUALITY, SAFETY OR ABILITY OF THE TRANSPORTATION PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

STELLAR IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF STELLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS PROVIDED BELOW, STELLAR IS NOT LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY AIR CARRIER WITH WHOM YOU CONTRACT, EVEN IF STELLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SERVICE MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY A THIRD PARTY OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

Under no circumstance will Stellar’s liability under these Terms exceed One Hundred Dollars ($100).

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

It is our policy not to permit materials known by us to be infringing to remain on the Service. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, as amended (the "DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the DMCA 17 U.S.C. 512 (c), Stellar has designated the Head of Operations as its agent ("Agent") for notification of claims of copyright infringement. The Agent contact information is: Head of Operations, email: support@stellar.aero.

For purposes of clarification, solely DMCA notices should go to the Agent; all other feedback, comments, requests for technical support, and other communications should be directed as provided through the Service.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to indemnify and hold the Stellar Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your access to or use of the Service, including the chartered flight; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Stellar in the defense of any claim. Stellar reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Stellar.

Note to International Users

The Service is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

Miscellaneous

You may not assign these Terms without the prior written consent of Stellar, and any assignment in violation of this restriction is void. Subject to the restrictions against assignment in this paragraph, these Terms shall be binding upon, the assigns, successors in interest, and personal representatives of each of you and Stellar. Stellar may assign these Terms without your consent.

The law of the State of California shall apply to the resolution of any dispute with respect to this Agreement, notwithstanding any contrary choice of law provisions under California law. The parties agree that the exclusive venue for any action with respect to this Agreement shall be in the State and Federal Courts located in San Francisco County, California.

Should any provision of these Terms be held unenforceable or invalid for any reason, the remaining portions of these Terms shall remain in full force and effect. These Terms supersede any prior written or oral agreements between you Stellar concerning the subject matter herein.

These Terms constitute the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral; provided, that transportation arranged for through the Service will be subject to separate terms and conditions. Under no circumstances will the terms, conditions or provisions of any purchase order, invoice or other administrative document issued by you in connection to these Terms be deemed to modify, alter or expand the rights, duties or obligations of the parties under, or otherwise modify, these Terms, regardless of any failure of Stellar to object to such terms, provisions, or conditions.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Stellar to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Stellar provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.