Terms of Service

1. Definitions

• "Provider" — Digital Power FZE LLC, registration number 3527, Flamingo Villas A-27-01-01-04, Ajman, UAE, operating the FlySafe.zone website and API.
• "Customer" — a legal entity or an individual acting in a professional capacity who subscribes to or uses the Service.
• "Service" — automated computation and delivery of numerical indices via the FlySafe API, as well as access to the FlySafe.zone website.
• "Indices" — numerical values generated by the Provider's software from publicly available data. Indices are raw computational output and do not represent opinions, assessments, recommendations, or advice of any kind.
• "API" — the application programming interface through which the Customer receives Indices in structured data format.
• "Subscription Period" — the paid period of access to the Service (monthly, annual, or as otherwise agreed).

2. Acceptance of Terms

By accessing the website, submitting an API access request, activating an API key, or making a payment, the Customer unconditionally accepts these Terms in full. If the Customer does not agree with any provision, the Customer must not use the Service.

The Provider reserves the right to amend these Terms at any time. The current version is always available at flysafe.zone/terms. Continued use of the Service after changes constitutes acceptance of the revised Terms.

3. Nature of Service

FlySafe provides automated computation of numerical indices derived from publicly available data sources. The computational process involves software algorithms applied to publicly accessible information. The Service is a data processing tool, not an advisory service.

The Indices:

• are raw numerical output of automated computation;
• do not constitute an aviation safety assessment, risk evaluation, or risk rating;
• do not constitute flight planning advice or operational guidance;
• do not constitute a recommendation to operate or cease operations in any airspace;
• do not replace official NOTAMs, SIGMETs, AIPs, or any communications from aviation authorities (ICAO, EASA, FAA, national CAAs, ANSPs);
• do not constitute professional, legal, regulatory, or insurance advice.

Any labels, color coding, or textual descriptions displayed alongside Indices on the website or in documentation are provided for illustrative purposes only and do not alter the numerical nature of the output.

Specifically, the API field risk_level (with values such as low, moderate, high, critical, unknown) is a deterministic categorisation of the numerical score for human readability. It is not an operational advisory, safety classification, or recommendation. The numerical score is the contractual output; the textual label is a non-binding helper. For programmatic gates (auto-cancel, divert, alert), the Customer should use score thresholds the Customer defines, not the textual label.

The Provider may adjust the score-to-label mapping (the numeric thresholds for each label) without notice and without bumping the API version. Such adjustments do not constitute a breaking API change. Customers who require stable categorisation must implement their own score thresholds.

By accepting these Terms, the Customer acknowledges that the Provider maintains proprietary algorithms and data sources as trade secrets. The Customer receives numerical output only — not underlying methodology, data source details, algorithm specifications, model performance metrics, training data, or feature engineering approaches. The Customer accepts this limitation and acknowledges that it cannot independently evaluate the Provider's internal methodology.

4. Data Sources and Accuracy

The Indices are derived from third-party publicly available data sources. The Provider does not generate, control, verify, or guarantee the accuracy, completeness, timeliness, or reliability of any underlying data.

If any source data is inaccurate, incomplete, delayed, corrupted, or otherwise flawed, the resulting Indices will reflect those deficiencies. The Provider bears no responsibility for errors, omissions, delays, or interruptions in third-party data, regardless of the cause.

The Provider does not disclose the specific composition of data sources, processing methodologies, algorithms, or model architectures. This information constitutes the Provider's trade secret and proprietary intellectual property.

5. No Reliance

The Customer expressly acknowledges and agrees that:

• the Indices are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied;
• the Provider makes no warranty that the Indices are accurate, reliable, error-free, or fit for any particular purpose;
• any use of the Indices is at the Customer's sole risk and discretion;
• the Customer shall independently verify all information through official aviation channels and conduct their own risk assessment before making any operational, commercial, or strategic decision;
• the Customer has the necessary professional qualifications and expertise to interpret numerical data in the context of aviation operations;
• the Customer shall not represent to any third party that the Indices constitute a certified risk assessment or an official safety evaluation.

6. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Provider's total aggregate liability for all claims arising out of or related to the Service shall not exceed the total amount paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim.
• The Provider shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to: loss of profits or revenue; business interruption; loss of data or goodwill; cost of substitute services; damages arising from flight disruptions, diversions, cancellations, delays, or incidents; damages arising from third-party claims against the Customer; or any damages based on the Customer's reliance on the Indices — regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if the Provider has been advised of the possibility of such damages.

The Customer agrees that the limitations set forth in this section reflect a reasonable allocation of risk and are a fundamental basis of the agreement between the parties.

7. Indemnification

The Customer shall indemnify, defend, and hold harmless the Provider, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) the Customer's use of the Indices; (b) any decision made by the Customer or third parties based, in whole or in part, on the Indices; (c) the Customer's breach of these Terms; (d) the Customer's violation of any applicable law or regulation.

8. Payment and Refund Policy

8.1. Payment

Payment is due in advance for the selected Subscription Period. All prices are exclusive of applicable taxes unless stated otherwise. The Subscription Period begins on the date of payment.

8.2. Service Delivery

Upon confirmation of payment, the Customer receives immediate access to two separate environments:

• Sandbox environment — provides simulated data for integration and testing purposes only. Sandbox data does not reflect actual airspace conditions and must not be used for any operational purpose.
• Production environment — provides live Indices derived from real-time public data sources. Production data is subject to all disclaimers and limitations in Sections 3, 4, and 5 of these Terms.

The first fourteen (14) calendar days following payment constitute the Integration Period, during which the Customer is expected to complete technical integration using the Sandbox environment. The Customer may begin using the Production environment at any time during or after the Integration Period.

8.3. Refund Conditions

• Within the Integration Period and before the first Production API request: the Customer may request a full refund within fourteen (14) calendar days of payment, provided that no requests have been made to the Production environment. Both conditions must be met simultaneously.
• After the first Production API request: the Service is deemed fully delivered regardless of when the request was made. No refund is available.
• After the Integration Period (14 days): the Service is deemed fully delivered regardless of whether the Production environment was used. No refund is available.
• Subscription renewal: the Customer may cancel renewal at any time before the next billing date. The current paid period remains active until expiration. No pro-rata refunds are issued for partial periods.

For the avoidance of doubt: access to the Sandbox environment alone does not extend or preserve the right to a refund beyond the Integration Period.

8.4. Service Credits

If the Production API is unavailable for a continuous period exceeding 24 hours due to reasons within the Provider's control, the Customer may request a service credit applied to the next Subscription Period. Credits are the sole and exclusive remedy for service unavailability. Credits do not exceed the pro-rata value of the downtime period and are not redeemable for cash.

8.5. Chargebacks

Initiation of a chargeback or payment dispute after the Service has been delivered (first Production API request made or Integration Period expired) constitutes a breach of these Terms. In such event, the Provider reserves the right to: (a) immediately suspend or terminate the Customer's access to both environments; (b) pursue recovery of the disputed amount plus any associated fees and costs; (c) report the incident to relevant fraud prevention services.

9. Intellectual Property

All algorithms, models, methodologies, software, and documentation underlying the Service are the exclusive intellectual property and trade secrets of the Provider. The Customer receives a limited, non-exclusive, non-transferable, revocable license to use the Indices solely for the Customer's internal business purposes during the Subscription Period.

The Customer shall not: (a) reverse-engineer, decompile, or attempt to derive the algorithms or methodologies used to generate the Indices; (b) resell, sublicense, or redistribute the Indices to third parties without prior written consent; (c) use the Indices to create a competing product or service.

FlySafe is not affiliated with, endorsed by, or associated with any aviation authority, airline, air navigation service provider, government body, or international organization, including but not limited to ICAO, EASA, FAA, or Eurocontrol. All third-party names, designations, and data formats are property of their respective owners.

10. Confidentiality and Trade Secrets

The following constitute the Provider's confidential information and trade secrets: data source composition, data processing pipelines, algorithmic and model architecture, feature engineering methods, training methodologies, internal performance metrics, and infrastructure configuration.

The Customer acknowledges that the Provider is not obligated to disclose any details of its proprietary technology and agrees not to request, demand, or compel such disclosure as a condition of the Service.

11. Acceptable Use

The Customer agrees not to:

• exceed the rate limits or usage quotas specified in the API documentation;
• share API credentials with unauthorized parties;
• use the Service for any unlawful purpose;
• attempt to interfere with or disrupt the Service infrastructure;
• scrape, crawl, or automatically extract data from the website outside of the API;
• use the Indices, or any data derived from the Indices, as evidence in legal proceedings, insurance claims, regulatory complaints, or litigation against any third party, including airlines, airports, air navigation service providers, or aviation authorities;
• present the Indices to any third party as a certified, official, or authoritative risk assessment or safety evaluation.

12. Suspension and Termination

The Provider may suspend or terminate the Customer's access immediately and without prior notice if the Customer: (a) breaches these Terms; (b) initiates a chargeback; (c) engages in abusive or fraudulent activity; (d) uses the Service in a manner that threatens the security or integrity of the infrastructure.

Upon termination, the Customer's right to access the API ceases immediately. No refund is due for the remaining portion of the Subscription Period in the event of termination for cause.

13. Force Majeure

The Provider shall not be liable for any failure or delay in the performance of the Service caused by circumstances beyond its reasonable control, including but not limited to: changes in third-party data source availability, format, or licensing; government restrictions on data access or publication; internet or telecommunications failures; natural disasters; acts of war or terrorism; pandemics; sanctions; or regulatory changes affecting data processing.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates.

Any dispute arising out of or in connection with these Terms shall first be submitted to good-faith negotiation for a period of not less than thirty (30) calendar days following written notice from the aggrieved party.

If the dispute is not resolved through negotiation, it shall be submitted to the competent courts of the United Arab Emirates in accordance with UAE law.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy and any written service agreements between the Provider and the Customer, constitute the entire agreement between the parties with respect to the Service and supersede all prior oral or written communications, representations, or agreements.

17. Contact Information

Digital Power FZE LLC

Flamingo Villas A-27-01-01-04, Ajman, UAE

Registration number: 3527

Email: [email protected]