Terms and Conditions

1. Introduction

By creating an account, or by accessing or using Pax ("the App"), you agree to be bound by this End User License Agreement and Terms of Service ("Agreement") and our Privacy Policy. This Agreement is entered into by you and Flywithpax, Inc. ("the Company," "we," "our," or "us"). This Agreement governs your use of the App and all related features, content, and services. If you do not agree to these terms, you are not permitted to use the App.

2. License Grant

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App on a device that you own or control, solely for your personal, non-commercial use. You may not reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App, nor create derivative works of the App.

3. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Harassment and Abuse: Posting, sharing, or transmitting any content that is harassing, abusive, threatening, or otherwise intended to intimidate or harm others.

  • Hate Speech and Discrimination: Posting content that promotes hate speech, racism, sexism, xenophobia, homophobia, religious intolerance, or any form of discrimination.

  • Violence and Threats: Posting content that incites, glorifies, or promotes violence, including threats of harm to individuals or groups.

  • Bullying and Defamation: Using the App to engage in cyberbullying, defamation, or other forms of character assassination.

  • Obscene or Offensive Content: Posting, uploading, or transmitting any content that is obscene, sexually explicit, or otherwise offensive.

  • Impersonation and Misrepresentation: Impersonating any person or entity or misrepresenting your affiliation with any person or entity.

  • Spamming and Fraud: Using the App for spamming, phishing, fraud, or other malicious activities.

  • Illegal Activities: Using the App to engage in any activity that violates local, national, or international laws.

  • Unauthorized Access: Attempting to gain unauthorized access to our systems, user accounts, or data through hacking, password mining, or any other means.

  • Malicious Software: Uploading or transmitting viruses, worms, or any other malicious code.

  • Data Scraping: Using any automated system, including "robots," "spiders," or "offline readers," to access the App for any purpose, including monitoring or copying any of the material on the App.

  • Other Unacceptable Content: Any other conduct or content that, in the sole discretion of the Company, is deemed harmful to the community or violates the integrity of the App.

4. User-Generated Content

You are solely responsible for any reviews, ratings, text, images, or other content you submit to the App ("User Content"). By submitting User Content, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and promoting the App. You represent and warrant that you own or have the necessary rights to the User Content you post and that its submission does not violate the rights of any third party.

5. Content Moderation

The Company reserves the right, but not the obligation, to monitor, review, and remove any content posted on the App that violates this Agreement or is otherwise deemed inappropriate. The Company may take corrective action, including but not limited to: issuing warnings, temporarily suspending or permanently banning user accounts, and reporting illegal content to law enforcement agencies as required by law.

6. Intellectual Property

All content, features, and functionality of the App, including but not limited to text, graphics, logos, designs, and software ("Company Content"), are owned by or licensed to the Company and are protected by intellectual property laws. You are granted no rights in such Company Content except for the limited license to use the App as specified in this Agreement.

7. Data Security and Third-Party Services

Our Privacy Policy, which is incorporated by reference into this Agreement, explains how we collect, use, and protect your personal data. Please review it carefully.

You acknowledge and agree that in order to provide the service, we may use third-party vendors and hosting partners (such as cloud infrastructure providers) to provide the necessary hardware, software, networking, storage, and related technology required to run the App. Data you provide, including User Content and personal data, may be transmitted to and processed by these third-party services.

While we implement security measures designed to protect your data, you understand that the use of the App involves the transmission of your data over networks that are not owned, operated, or controlled by us. We are not responsible for any of your data that is lost, altered, intercepted, or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure, or that unauthorized third parties will never be able to defeat our security measures or those of our third-party service providers. You use the App at your own risk.

8. Termination and Service Modification

We may suspend or terminate your access to the App at any time, with or without notice, for any reason, including for violations of this Agreement. We reserve the right to modify, suspend, or discontinue the App, or any part of it, at any time and without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the service. While we will strive to provide notice when feasible and do right by our users, there is no guarantee that this service will continue to operate indefinitely.

9. Disclaimer of Warranties

The App is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant the accuracy, completeness, or usefulness of any information or content provided through the App, including any user-generated reviews or ratings. Any reliance you place on such information is strictly at your own risk. The Company does not guarantee that the App will be uninterrupted, error-free, or secure.

10. Limitation of Liability

To the fullest extent permitted by law, the Company, its directors, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the App. In no event shall the Company's aggregate liability for all claims relating to the App exceed the greater of one hundred U.S. dollars (100 USD) or the amount you paid the Company, if any, in the last 12 months.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising from your violation of this Agreement, your use of the App, or your infringement of any third-party rights.

12. Changes to Agreement

The Company reserves the right to modify or update this Agreement at any time. Any changes will be posted within the App, and we will update the "Last Updated" date. Your continued use of the App after such changes constitutes your acceptance of the revised Agreement.

13. Miscellaneous

If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain in full force and effect. This Agreement constitutes the entire agreement between you and the Company with respect to your use of the App. Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Massachusetts for the purpose of litigating all such claims or disputes.

14. Reporting Violations

If you encounter content that you believe violates these terms, you can report it using the reporting feature within the App. We take all reports seriously and will review each case promptly.

No Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.