Disclaimer

Terms of Use


Updated 1 november 2016

The author may change the Definitions, Terms and Conditions and/or Privacy Policy without prior notice. Whenever the Terms of Use change, all users are notified through any part of the product about the changes. Continued use of the product after any such changes constitutes the acceptance of the new Terms of Use. Should the user not agree with the modified Definitions, the new Terms and Conditions or the new Privacy Policy, the user should immediately stop using the product and submit a request to abandon the user account. The user will then receive a refund for the remaining period of the paid subscription.

Definitions

  1. mccPILOTLOG is a software application for desktop and mobile enabling private and professional flight crew to log flights and import personal flight schedules, hereinafter named “the logbook”. mccPILOTLOG is available for free download from the main website, from iTunes®, from Google® Play®, from Windows® Store® , from Blackberry® World® and from Amazon®. mccPILOTLOG is developed by MCC bvba.
  2. mccPILOTLOG.net and airCREW.center are the websites associated with the logbook, hereinafter each referred to as “the website
  3. mccCLOUD.net and api.airCREW.center are the cloud servers that support the logbook, hereinafter referred to as “the cloud server”.  The cloud servers are stored in Belgium – Europe and in Germany – Europe.
  4. The combination of mobile app, websites, cloud servers and helpdesk support is hereinafter named “the product”.
  5. MCC BVBA is the company that develops, owns, publishes and supports the product, hereinafter named “the author”. MCC BVBA is headquartered in Belgium – Europe.
  6. Anyone who installs the logbook, either with a free test account or with the paid subscription, and/or anyone who registers on mccPILOTLOG.net is hereinafter named “the user”.  The user becomes a “Verified User” as soon as he/she has successfully logged-in to the airline company web-portal, that is the combination of login and valid password on the airline company web-portal is considered a valid authentication of the user.
  7. Any data (such as contact details, pictures, airline login credentials, in-app messages) inserted by the user in the product, any data (such as time zone, local weather and position) obtained by actual geographic location of the user and any flight schedule data retrieved through the airline company web-portal or any other electronic format, is hereinafter named “personal data”. Personal data is being collected as soon as the user starts using the product, even with the free test account.

 

Terms and Conditions

 

License Agreement

The user should carefully read all terms and conditions of this agreement prior to installing or using the product. Downloading, installing and/or using any parts of the product indicate that the user accepts the terms of this agreement and as such become a legal agreement between the user and the author. If the user does not agree to these terms, he/she should not use any part of, or register for, the product.

Children at the age of 14 or under are not entitled to use this product. If the user is under 18 years of age, he/she may use the product only if the user possess legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License Agreement, and to abide by and comply with this License Agreement.

Proprietary Rights

All rights, title and interest including, but not limited to, copyright and other intellectual property rights in and to the product (including but not limited to all files, graphics/images, and documentation) are owned by the author. Such rights are protected by international copyright laws and treaty provisions. The author retains all rights not expressly granted herein. The author grants to the user a personal, non-exclusive, non-assignable and non-transferable license to download, install and use the product.

Unauthorized copying of the product, including the logbook and any associated files or written documentation is expressly forbidden. The user may not sublicense, assign or transfer this license or the product except as permitted by the author.

The user agrees that the author has access to all personal data, as specified above, including the personal flight roster obtained through the airline company web-portal or any other electronic format. The author does not claim any ownership to the user’s personal data.  However, the user explicitly allows the author to retrieve, store and process any personal data, including the flight roster. The user should not use the product if the use of the product or this kind of apps or products is prohibited by the airline company and/or the employer of the user.

All data stored in the user database, including all back-ups that are generated by the logbook software, is and remains the sole property of the user. The user explicitly allows the author to use all personal data for testing purposes, further improvement and further development of the logbook. At all times, the author shall treat all data as confidential.

The user may choose to or the author may invite the user to submit comments, feedback, suggestions and new ideas about the product. By submitting any suggestion or new idea, the user agrees that his/her disclosure is gratuitous, unsolicited and without restriction and will not place the author under any fiduciary or other obligation. The user agrees that the author is free to disclose the idea on a non-confidential basis to anyone or otherwise use the idea without any additional compensation to the user. The user acknowledges that, by acceptance of his/her submission, the author does not waive any rights to use similar or related ideas previously known to the author, or developed by its employees, or obtained from sources other than the user.

Disclaimer of Warranties

The author has made reasonable checks of the product to confirm that it will perform in normal use on compatible equipment substantially as described in the current specifications for the product. However, due to the inherently complex nature of computer software and the wide variety of computer platforms, the author cannot warrant that the product or the documentation is error free, will operate without interruption or is compatible with all equipment and OS (operating system) configurations.

Accordingly, the product and documentation are provided “as is” without warranty of any kind. It is likely that the product contains errors, which may cause interruption of the product or may result in display of invalid flight schedules. Should the user notice such errors, the user is invited to report these errors to the author as soon as possible.

Use of the product is at own risk. The product is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the author, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the product meets the users expectations or requirements; that the product is continuously available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the product is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the product is downloaded at the user’s own risk and the user is solely responsible for any damage to his/her computer system or mobile device or loss of data that results from such download.

The author cannot be held responsible for any issues caused by poor, limited or restricted internet services. It is possible that the product does not work properly or does not work at all in certain regions in the world, either due to lack of internet services or due to restricted internet services. The user agrees that whenever the product appears non-functional due to poor or restricted internet services, the author is not liable and the user cannot request any refund of the paid subscription.

The user accepts all risks associated with the use of the product. The author makes no warranties expressed or implied, with respect to the product, the documentation or stored data, their merchantability, or their fitness for any particular purpose. Should the product or any part thereof prove defective, the user assumes the entire cost of all support service, repair or correction. The product has not been approved by any official aviation Authority. The user may contact the local aviation Authority to obtain approval.

Limitation of Liability

In no event will the author be liable for indirect, incidental or consequential damages (including, but not limited to, loss of stored data, late show-up for work, loss of income, loss of business information, business interruption or termination of employee contract) arising out of the installation of, the use of or the inability to use the product, even if the author has been advised of the possibility of such damages.

The author will not be held liable should the user use the product while the use of this product or this kind of apps or products is prohibited by the airline company and/or the employer of the user. The user must, while using the product, strictly adhere to the airline company or employer rules and code of conduct, and any privacy laws from the country of residence of the user. The user takes full responsibility in this matter and guards the author against any claim from the airline company, employer or any third party.

The author takes reasonable measures to protect personal data in an effort to prevent loss, misuse and unauthorized access. However, the user must understand that, despite efforts from the author, no security measures for data storage or data transmission are 100% safe against hacking and/or abuse. The user acknowledges that he/she provides personal data at own risk ! In no event will the author be liable for any leak of confidential or private information or personal data through hacking or spying by third parties, for all data transmissions to and from the cloud servers, for all personal data stored by the product on the users mobile or desktop devices or cloud servers, and for any data transmitted to and from the author through e-mail or other means, or to other users of the product.

Since the product is used by thousands of crew members worldwide, with many different nationalities, cultures and religions, the user shall be respectful to other users while using any transmission channels of the product or when accessing personal data from other users. The author and the product act as a passive conduit for online distribution and publication of any content posted by the user. The author does not monitor in-app communications. The user takes full responsibility for all content transmitted via the product. The author cannot be held responsible for any insulting, offensive or humiliating communications posted by other users. Should the user notice non-respectful transmissions from another user, the user should inform the author as soon as possible.

The user shall not transmit any content that creates or may create a risk of ham, loss, damage, physical or mental injury, emotional distress, disability, disfigurement, physical or mental illness or dead, to any other user of the product or to any other person or property. The user shall not transmit any content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable, any content that contains any information that the user does not have a right to make available under any law or under contractual or fiduciary relationships. The user shall not post any content that violates third-party rights of any kind, including and without limitation, any Intellectual Property Rights, rights of publicity and privacy, or copyright. The author cannot be held liable for any infringement by the user on the here above listed prohibitions.

The author takes no responsibility and assumes no liability for any content transmitted by the user over the product. The user understands and acknowledges that he or she may be exposed to content posted by other users that is inaccurate, offensive, indecent or objectionable. The user agrees that the author shall not be liable for any damages the user alleges to incur as a result of such content.

Indemnity

The user agrees to defend, indemnify and hold harmless the author and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from the use of and access to the product, including any data or work transmitted or received by the user; any violation of any term of this License Agreement, including without limitation, breach of any of the representations and warranties above; violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; violation of any law, rule or regulation of any country; any claim or damages that arise as a result of any of the user’s posted content or any that are submitted via the user’s account; or any other party’s access and use of the product with the users unique username, password or other appropriate security code.

Suspension of Use

The author may permanently or temporarily terminate, suspend, or otherwise refuse to permit access to the product without prior notice and liability, if, in the author’s sole determination, the user is considered to be violating any of the Terms of Use, including prohibited actions, such as attempting to interfere with, compromise system integrity or security or decipher any transmissions to or from the cloud servers running the product, taking any action that imposes, or may impose an unreasonable or disproportionately large load on the cloud servers, uploading invalid data, viruses, worms, or other harmful software through the product, impersonating another user or otherwise misrepresenting any affiliation with a person or entity, conducting fraud, hiding or attempting to hide the real identity, or, interfering with the proper working of the product or bypassing the measures the author may use to prevent or restrict access to the product.

The author may permanently or temporarily terminate, suspend, or otherwise refuse to permit access to the product without prior notice and liability, if, in the author’s sole determination, the user is considered to show lack of respect towards other users or towards the author. The author reserves the right, without any obligation, to monitor disputes between the user and other users.

Return Policy

The user can free download and use the logbook with basic functions. The product cannot be returned for a refund. Should the user experience a problem with the logbook, the author shall, on voluntary base and without any obligation, offer support and / or fix any bugs. Purchasing the product issues a license code only, no physical goods are shipped.

The user understands and agrees that the author may stop further development and / or support at any time, without prior notice to the user and without any refund or restitution.

 

Privacy Policy

Collecting Personal Data

The author guarantees that the product will only collect personal data with the sole purpose of returning the information to the user in a user-friendly format and offering services to the user which require part of that personal data, such as sharing contact details or sharing the flight roster with other Verified Users, at the discretion of the user.

The author confirms that the product will not collect any data available from the airline company web-portal other than the planned and historic flight roster.

Besides personal data the author agrees that the product may also collect technical data straight from the mobile device, such as crash reports, which includes information about hardware and software installed on the mobile device. This technical data is either collected through built-in automatic background processes or attached to e-mails that are generated from the logbook, either manually or automatic. The author guarantees that this technical data is used only for the purpose of locating bugs in the logbook.

The product should not be used by children with the age of 14 or under. If the author learns that the user is 14 years or under, the user account and all collected personal data will immediately be deleted from the cloud server and any paid subscription that did not yet expire, will be refunded immediately.

Storage of data

The product stores personal data of the user in the logbook folder and on the cloud server. The user can verify and modify his/her personal data at any time, either through the logbook or through the website, which is linked straight to the cloud server.

Personal data remains stored on the cloud server, even when the user stops using the product and/or deletes the logbook from the phone / tablet. The user can request to delete his/her user account and clear all personal data from the cloud server at any time, by sending a simple e-mail request to the Helpdesk installed by the author.

The user agrees that all personal data may be transferred to any other company should the author come to a business agreement with the other company to transfer a part or the entire application.

Sharing Personal Data

The user accepts and agrees that his/her name, company and function are shared with all Verified Users. Other personal data is shared with a selected group of Verified Users at the user’s discretion. The user has full control and can select the target group of Verified Users from the logbook Settings – Privacy page and/or from the website.

The author will never distribute or sell any personal data to third parties or to other users, without prior written approval from the user.

The user agrees that the author uses (and not abuses) personal data for further development of the product, and for debug testing, even if the user did not submit a request for support or submit a bug report.

The user accept and agrees that the author is using de-identified personal data from the user to create history graphs and to build statistic reports about a certain group of users (e.g. per company, demographic repartition) or about all users of the product.

Mailing – Marketing

The author address the user with support information, offers and notifications about the product and other products and services from the author or request feedback from the user about the product or services provided by the author. The user can unsubscribe from these messages by submitting a written request to the author or by changing his profile on the Settings – My Profile page in the product. The author may send any notices required by law, in lieu of communication by postal mail, via email to the user.

The product may encourage the user to invite other crew members from the same airline company to start using mccPILOTLOG. The user agrees that invitations are sent out on behalf of the user, with the users contact details.

The websites use “cookies” and “cache files” placed on the user’s computer by the web browser.   Cookies and cache files are used to enhance the user’s internet experience. Most internet web browsers automatically accept and install cookies, unless the web-browser is configured to refuse or obtain prior permission to install cookies. Refusing cookies or cache files from the website will not affect functions or services provided through the product.