JETNET Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF THE SERVICES (AS DEFINED BELOW) OFFERED BY OR ON BEHALF OF THE COMPANY (AS DEFINED BELOW) OR ITS AFFILIATES. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE SERVICES.

These Terms of Use (the “Terms”) constitutes a legal agreement between Customer and Company (each a “Party” and collectively the “Parties”) and sets forth the terms and conditions under which the Customer may use the Services.

Company may update these Terms from time to time as described in Section 30. Customer acknowledges and agrees that Customer’s continued use of the Services after any such update constitutes acceptance of the updated Terms.

Definitions.

a. “Account Credentials” means access codes, passwords, and proprietary credentials such as username assigned to each Authorized User necessary to provide access to the Services.

b. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a Party, where “control” means ownership of more than 50% of the voting interests of the entity

c. “API” means the application programming interface made available by Company for use with the Services including any related documentation, code samples, or tools provided by Company.

d. “Authorized Users” means Customer’s employees and contractors explicitly authorized by Customer to use the Services on Customer’s behalf.

e. “Company” means the entity listed on an Order Form that references these Terms.

f. “Company Data” means all aviation, operational, analytical, or related datasets, materials, and information hosted, displayed, or otherwise made available by Company through the Services, which are and remain the sole property and Confidential Information of Company.

g. “Customer” means the legal entity identified as the customer on the applicable Order Form.

h. “Customer Data” means any data, content, information, or materials that Customer or its Authorized Users submit, upload, transmit, or otherwise provide to the Services, excluding Usage Data and Account Credentials.

i. “Documentation” means Company’s user manuals, handbooks, and installation guides, if any, made available by Company to Customer, relating to the Services.

j. “Order Form” means the Company-issued order form, addendum order form, or renewal order form for specific Services that references and incorporates these Terms.

k. “Services” means the Company’s online services, data services, software, related features, including any updates or enhancements, made available to Customer pursuant to an Order Form.

l. “Term” means the term described in the Order Form and any applicable renewal term, collectively.

m. “Usage Data” means a data, analytics, statistics logs, and other information generated through or derived from Customer’s or its Authorized Users’ use of the Services, excluding Customer Data.
Access to Services, Restrictions on Use, Consumption and Usage, and Third-Party Use.

a. Access Grant. Company shall provide Customer with a limited, non-exclusive, non-transferable, revocable right to access and use the Services and Company Data as set forth in the Order Form, subject to these Terms and Company’s Acceptable Use Policy (“AUP”) located at https://www.jetnet.com/legal/acceptable-use-policy/ as may be updated by Company from time to time in Company’s sole discretion. Access is provided solely on a subscription basis for the applicable Term and solely for Customer’s internal business purposes.

b. Restrictions on Use. Customer and its Authorized Users must only access to the Services in compliance with the following:

i. The AUP.

ii. Customer shall not and shall not permit any Authorized User or other party to reverse engineer, disassemble, or decompile any component of the Services.

iii. Customer shall not and shall not permit any Authorized User or other party to operate a service bureau, application service provider service, or any software-as-a-service offering using the Services or any Company Data, except as expressly authorized in the applicable Order Form. Any such authorized use shall be strictly limited to the approved use case described in the applicable Order Form.

iv. Customer shall not, and shall not permit any Authorized User or other party to, use Company Data or combine the Services to train, fine-tune, evaluate, or otherwise improve any Large Language Model (“LLM”) or generative artificial intelligence models or systems, nor submit Company Data as input to any such model or system that may use such input for training or improvement purposes. Notwithstanding the foregoing, Customer may submit Company Data as input to such a model or system solely for its internal business operations, provided outputs are not shared externally and all confidentiality obligations are maintained.

v. Customer shall not and shall not permit any Authorized User or other party to modify, copy, or make derivative works based on any part of the Services or Company Data, without prior written permission from the Company. Notwithstanding the foregoing, Customer may create internal analyses, reports, or other derivative materials solely for Customer’s internal business purposes, provided such derivative materials do not permit extraction, reconstruction, or re-identification of Company Data and are not distributed or disclosed outside Customer’s organization.

vi. Customer shall not and shall not permit any Authorized User or other party to use the Services or Company Data to develop, provide, or support any product or service that competes with the Services or any of the offerings of Company and its affiliates.

vii. Customer shall not and shall not permit any Authorized User or other party to remove any proprietary notices from the Services or Company Data.

viii. Customer shall not and shall not permit any Authorized User or other party to use the Services or Company Data in any way that infringes upon the intellectual property of a third party.

ix. Customer shall not, and shall not permit, any Authorized Users or other party to, access or use the Services or Company Data for any purpose other than Customer’s own internal business use.

x. Customer shall not and shall not permit any Authorized User or other party to use the Services or Company Data in any manner or for any purpose not explicitly permitted by these Terms.

xi. Customer shall not and shall not permit any Authorized User or other party to publish, resell, transmit, broadcast, distribute the Services or data acquired from the Services or any Company Data. Except as explicitly authorized by Company in writing or expressly set forth in the applicable Order Form, any such activity is prohibited. Where such activity is authorized, Customer shall properly attribute “JETNET, LLC” as the source of such data or information.

xii. Customer shall not and shall not permit any Authorized User or other party to attempt to circumvent programmatic restrictions prohibiting or limiting export of Company Data, including without limitation the making of programmatic adjustments to the restrictions or repeating export queries

Company may, at any time, monitor Customer's usage of the Services, including bulk data exports from its database applications, to ensure compliance with this Section 2.b and these Terms, and may limit bulk data exports as needed to enforce such compliance. If Company determines Customer is not in compliance, Customer shall pay any additional fees owed as a result.

c. Consumption and Usage Limits. Company may impose consumption and usage limits on Customer's access to the Services, including without limitation per-user, per-account, per-integration, per-API call, or aggregate throughput limits applicable to API access, LLM features, and AI-powered functionality. Adjustments may be made for any reason, including to ensure service stability, manage infrastructure capacity, maintain fair use across customers, or comply with applicable law or third-party provider requirements.

d. Third-Party Product Use. Customer may not use its API access or Account Credentials to retrieve or present Company Data on behalf of any third-party end user unless that end user is a direct subscriber of Company under a separate, active Order Form and authenticates using their own Account Credentials. Company may audit end-user-level consumption through Customer's product, and Customer shall provide usage reports upon request. Permitted data, workflows, and functionality must be expressly defined in the applicable Order Form. No use beyond that scope is authorized, and no extension of an existing Order Form to a new product or platform is effective without a separate written agreement signed by Company. Any reseller, referral, or pass-through arrangement requires a separate written agreement signed by Company. Upon expiration or termination, Customer shall, within 30 days: (i) cease all end-user-facing presentation of Company Data; (ii) remove or disable access to any cached or stored Company Data to the extent technically feasible; and (iii) provide written certification of both as required under Section 14(d).
Authorized Users. Customer shall designate Authorized Users up to the number of Authorized Users subscribed as stated on the Order Form. Each Authorized User is responsible for maintaining the confidentiality and security of their Account Credentials. Authorized Users may not share any Account Credentials. Customer may designate a non-employee (i.e., an independent contractor) as an Authorized User only with Company’s prior permission and provided Customer (a) takes reasonable steps to ensure such non-employees use the Services only as permitted under these Terms; and (b) shall be responsible for the actions of such non-employee while using the Service. Customer acknowledges that Company may process and transmit Authorized Users’ professional contact information internally for the purposes of maintaining data consistency, and completeness within Company’s systems used to provide the Services. Such processing is performed under Company’s legitimate interest in ensuring data quality and service integrity and is not used for unrelated research.
API: If Customer subscribes to the API as part of the Services described on the applicable Order Form, Customer acknowledges that the interface and all components, including without limitation, all data information, materials, tools, content, documentation, source code, code snippets, software tools, code libraries, calls, tokens, routines and any upgrade or modification thereto related to the API is owned by Company and is considered Company confidential information. Company grants to Customer a limited, non-transferable, non-exclusive, and revocable right to access and use the API, subject to the following terms and conditions:

a. Customer may use the API only to facilitate the use of the Services.

b. Customer must maintain the required Service concurrently with the API Service.

c. Customer may not distribute or transfer to any unauthorized third party any components of the API.

d. Customer shall not, and shall not attempt to:

i. interfere with, modify or disable any features, functionality or security controls of the Services or the API.

ii. defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Service or the API.

iii. reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the Services or the API.

e. Customer shall not use the API beyond the Services detailed in the Order Form.

f. Company may suspend or terminate Customer’s use of the API should the Customer fail to follow the terms and conditions.

Upon termination of Services, in addition to the terms of Section 14.d, Customer agrees to cease use and access of the API and remove the API from Authorized User’s equipment.
ADS-B Exchange Receiver Specific Terms. In the event Customer receives an ADS-B Receiver (as defined below) as part of the Services described on the applicable Order Form, the terms and conditions of this Section 5 shall also apply.

a. Definitions.

i. “ADS-B Data” means the Automatic Dependent Surveillance-Broadcast signals transmitted from aircraft to the Receiver.

ii. “Receiver” means the hardware, software, antenna, and necessary equipment designed to receive ADS-B Data and transmit to the ADS-B Exchange server.

iii. “ADS-B Services” means the receiving from aircraft and transmitting of ADS-B Data to the ADS-B Exchange server.

b. Grant of License.

i. Customer agrees to install and operate the Receiver in accordance with the documentation, all applicable laws, regulations, and industry standards.

ii. Customer will provide real-time ADS-B Data to ADS-B Exchange server in accordance with the specifications provided by Company.

iii. Company grants to Customer a non-exclusive, non-transferable license to install and operate a Receiver at the location(s) specified on the Receiver documentation.

c. ADS-B Data Ownership. Company retains ownership of the raw ADS-B Data collected by the Receiver.

d. Equipment and Maintenance.

i. Customer will be provided the Receiver and associated equipment as described on the Receiver documentation.

ii. Customer will install the Receiver per the installation instructions and will make best efforts to install the Receiver antenna outdoors in a location free from obstructions with clear line of sight to the horizon.

iii. Customer will maintain the Receiver as required, including uninterruptable power and internet connections.

iv. Company may provide technical support and assistance to Customer as needed.

v. Upon termination, and in addition to the terms of Section 14(d), Customer shall return Receiver to Company if Receiver was provided at no cost to Customer.
Data and Intellectual Property.

a. Customer Data. Customer retains ownership of its Customer Data. Company will collect, store and process Customer Data only in accordance with these Terms Customer may choose to log Customer Data in its sole discretion. Customer Data is and shall remain Customer’s Confidential Information. Customer acknowledges that its rights in the Services are limited to access and use as provided under these Terms and that no ownership rights in the Services or Company intellectual property are transferred or granted to Customer.

b. Customer Data Use Responsibility. Customer acknowledges that, upon any export, download, or other use of Customer Data or information accessed through the Services outside of the Service environment, Customer acts as an independent data controller and bears sole responsibility for compliance with all applicable data-protection, privacy, and marketing laws (including, without limitation, the GDPR and the e-Privacy Directive).

To the fullest extent permitted by law, Company shall have no liability for, and Customer shall indemnify and hold Company harmless from, any claims, damages, or penalties arising from Customer’s use, disclosure, or other processing of such data outside the Services in violation of this Agreement or applicable law.

c. Security and Safeguards. Company will maintain appropriate administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. Customer Data may be processed and stored in the United States or other jurisdictions in which Company or its service providers operate.

d. Liability for Data Protection and Confidentiality. Company is responsible for unauthorized access with the Services and use of Customer Data if such unauthorized access and use was due to Company’s gross negligence or willful misconduct. COMPANY HAS NO LIABILITY UNDER THESE TERMS FOR THE PROTECTION OF CUSTOMER DATA EXCEPT TO THE EXTENT RESULTING FROM COMPANY’S BREACH OF THIS SECTION 6 OR COMPANY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS PURSUANT TO SECTION 10 BELOW.

e. License to Use Customer Data. Customer grants to Company a limited, royalty-free, non-exclusive license to collect, store, process, transmit, and otherwise use Customer Data solely to provide, maintain, and support the Services, fulfill security or account-administration functions, and comply with applicable law. Company will not sell, disclose, or share Customer Data except (a) to subcontractors or service providers engaged to deliver the Services under equivalent confidentiality and security obligations, or (b) as required by law.

f. Aggregated and Anonymized Data Use. Notwithstanding the foregoing, Company may collect, use, and retain Usage Data in aggregated and anonymized form for any business or commercial purpose, including but not limited to statistical analysis of usage and traffic patterns, research, improvement and training the Services (including machine-learning models), development of new features, benchmarking, or marketing and promotional purposes, provided that such aggregated or anonymized data does not identify Customer or any individual.

g. Company Intellectual Property and Developments. Title to, and ownership of, the Services (including all updates, enhancements, software, and related features), Company Data, and Usage Data shall, at all times, remain the exclusive property of Company and constitute Company intellectual property. Customer shall acquire no rights to or in Company intellectual property, except to access and use the Services in accordance with these the limited rights expressly granted. Company shall be the sole and exclusive owner of all right, title and interest in and to all developments, enhancements, knowhow, systems, derivative works, and other information or materials conceived, created, or produced by Company, in whole or in part, as a result of or in connection with the Services.

h. Data Protection and Compliance. Company will comply with all applicable data-protection and privacy laws, including the GDPR, the EU Data Act, and similar laws in the jurisdictions where Customer Data is processed. Company will process Customer Data only as needed to provide and support the Services, maintain security, and comply with legal obligations. Company does not use Customer Data for its own marketing purposes. Company is the data controller for Company Data and Usage Data and acts as a data processor only for limited Customer Data such as login information and optional user-provided notes. Customer is responsible for any processing it performs outside the Service environment, including any export, use, or disclosure of Customer Data. For clarity, the Services primarily provide access to Company Data, which is not subject to data-portability or switching requirements under the EU Data Act.
Modification of the Services. Company, in its sole discretion, reserves the right to modify the Services, or any features of the Services at any time and for any purpose, including improving performance or quality, correcting errors, or maintaining competitiveness. Such modifications, when delivered, shall become part of the Services and shall be subject to all of the Terms herein.
Excluded Liabilities. Company will have no responsibility or liability of any kind, whether for breach of warranty or otherwise, arising or resulting from: (a) problems caused by failed internet connections or other hardware, software or equipment which is not owned, controlled or operated by Company; (b) nonconformities resulting from abuse, negligence, or improper or unauthorized use of all or any part of the Services; (c) problems or errors caused by Customer’s, or other third parties’ services or equipment; or (d) material modification, amendment, revision, or change to the Services by any party other than Company or Company-authorized representatives. Any use of or reliance on data or data output contained in the Services is Customer’s sole responsibility.
Fees and Payment. Customer will pay the Total Fees set forth in the Order Form. Company may assess additional fees based on Customer consumption and access. Applicable usage rates and measurement methodology will be communicated to Customer in writing prior to taking effect. Such usage-based fees are separate from and in addition to base subscription fees, and are not subject to any renewal fee cap described in Section 14(a). To the extent taxes are not included in the fees set forth in the Order Form, payment of all taxes is the responsibility of Customer (excluding taxes on Company’s net income). If Customer requires Company to submit invoices or receive payment through a Customer-designated procurement, vendor management, payment, or similar platform or system, Customer shall reimburse Company for any and all fees, transaction charges, or supplier costs imposed on Company by or through such platform or system. If Customer fails to make any payment when due, in addition to all remedies that might otherwise be available, (a) Company may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly, or, if lower, the maximum rate permitted under applicable law; and (b) Company may suspend Customer’s access to the Services, with no refund for the period of suspension. Customer shall be responsible for all costs and expenses incurred by Company in connection with the collection of past due amounts, including reasonable attorneys' fees, collection agency fees, and other costs of collection.
Confidentiality. In connection with a Party’s access to or use of the Services, either Party (the “Discloser”) may disclose or make available to the other Party (the “Recipient”) certain non-public, proprietary, or confidential information, whether disclosed orally, visually, electronically, or in writing, which is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Confidential Information includes, without limitation: (i) Customer Data (including login credentials and user-generated content), which constitutes Customer’s Confidential Information; and (ii) the Services, platform architecture, features, functionality, performance information, Usage Data, analytics, and other non-public Company information, which constitute Company’s Confidential Information. The Recipient shall (a) use the Discloser’s Confidential Information solely as necessary to perform its obligations or exercise its rights under these Terms, and (b) not disclose the Discloser’s Confidential Information to any third party except to its employees, contractors, affiliates, and professional advisers who have a legitimate need to know such Confidential Information for such purposes and who are bound by confidentiality obligations at least as protective as those set forth herein. Notwithstanding the foregoing, Confidential Information does not include information that the Recipient can demonstrate: (i) was lawfully known to the Recipient without restriction prior to disclosure; (ii) was independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information; (iii) was rightfully received from a third party without breach of any obligation of confidentiality; or (iv) is or becomes publicly available through no fault or breach of these Terms by the Recipient. The Recipient may disclose Confidential Information to the extent required by applicable law, regulation, or valid legal process, provided that, to the extent legally permitted, the Recipient gives the Discloser prompt written notice of such requirement and reasonably cooperates, at the Discloser’s expense, with the Discloser’s efforts to seek a protective order or other appropriate remedy. Upon termination or expiration of the Terms, the Recipient shall, upon written request of the Discloser, promptly delete or destroy all copies of the Discloser’s Confidential Information in its possession or control, except to the extent retention is required by law or internal compliance obligations, in which case such Confidential Information shall remain subject to the confidentiality obligations set forth herein. The Recipient’s confidentiality obligations shall survive termination or expiration of the Terms for a period of five (5) years from the date of disclosure; provided, however, that Confidential Information constituting a trade secret under applicable law shall remain protected for so long as it retains its trade secret status.
Compliance with Laws. Both Parties shall comply with applicable law in their performance of these Terms.
Limited Warranty and Disclaimer of Warranties.

a. Limited Warranty. Company represents and warrants that Company shall during the applicable Term, the Services will operate in all material respects in accordance with the applicable documentation under normal use.

b. Disclaimer of Warranties. Except as provided in herein, Company makes no representations or warranties concerning the accuracy, reliability, integrity, or adequacy of any data or other information it provides as part of the Services or that the Services will work in any particular manner and Company does not warrant that the Services will be uninterrupted, error-free, or operate without delay. Company makes no warranty regarding the availability of the Services, although Company will make reasonable efforts to notify the Customer of planned downtime when practicable. Customer acknowledges the Services are provided “AS IS” and “AS AVAILABLE”. Company shall not be liable, in any manner, for Customer's reliance on the Company Data or the Services or for any decisions made based on Customer’s use of the Services. If Company manages or stores Customer data and/or notes, Company will use commercially reasonable safeguards to maintain their confidentiality. However, Company does not guarantee that the information will not be accessed by unauthorized outside parties and Customer acknowledges that no data transmission or storage system can be guaranteed to be completely secure. EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED HEREIN AND IN LIEU OF ALL OTHER WARRANTIES, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF: I) MERCHANTABILITY; II) FITNESS FOR PARTICULAR PURPOSE; III) DESIGN; AND/OR IV) ANY TYPE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, TITLE, OR NON-INFRINGEMENT.
Limitation of Liability. Except for obligations related to confidentiality and indemnification, to the maximum extent permitted by law, and subject to the conditions set forth herein, Company shall not be liable for any special, indirect or consequential damages, including but not limited to, lost profits, even if Company had knowledge of the possibility of such damages. Company’s liability to Customer shall be limited to the fees paid by Customer for services rendered by Company to Customer in the previous twelve (12) months.
Term and Termination.

a. Term. Unless terminated earlier as provided in this Section 14 or in accordance elsewhere in these Terms, these Terms will commence on the Effective Date and will apply to all Order Forms for the duration of such Order Forms. Customer’s obligations under these Terms will continue to apply to any use of the Services by an Authorized User. Except as otherwise specified in the applicable Order Form or where prohibited by applicable law, the Order Form and all non-expiring items added during the course of the Initial Term, will automatically renew for additional period of twelve (12) months, unless either Party gives the other notice of non-renewal at least sixty (60) days before the end of the current Term (or, if applicable, any Renewal Term). Company shall have the right to modify fees at the end of the current Term. Renewal Term fees shall not exceed a three percent (3%) increase from the prior Term’s fees, without prior notification.

b. Right to Suspend. Company may suspend Customer’s Service: (i) for non-payment or untimely authorization of payment; (ii) for conduct that it believes, in its reasonable discretion, violates: (a) the Terms or other agreements or guidelines which may be associated with Customer’s use of the Services; or (b) any laws applicable to Customer’s use of the Services.

c. Termination. Either Party may terminate the Agreement or any individual Order Form as follows: (i) for cause if the other Party materially breaches these Terms or an Order Form and does not remedy such breach within thirty (30) days after its receipt of written notice of such breach; or (ii) immediately, to the extent permitted by Law, if the other Party: (a) terminates its business activities or becomes insolvent; (b) admits in writing to the inability to pay its debts as they mature; (c) makes an assignment for the benefit of creditors; or (d) becomes subject to direct control of a trustee, receiver or similar authority. Company may terminate the Agreement: (i) should Customer remain in breach of its payment obligation five days after a written reminder to pay; (ii) for any violation of Section 2(b) of these Terms by the Customer; (iii) in the event Customer becomes a competitor, directly or indirectly, as a result of its direct or indirect shareholders. Customer agrees that Company will not be liable to Customer or to any third party for termination of the Agreement or Customer’s access to the Services resulting from any violation of these Terms by Customer or any termination pursuant to the terms of these Terms.

d. Effect of Termination. Upon expiration or termination of the Agreement: (i) Customer’s right to use the Services will cease; (ii) except as otherwise expressly stated herein, all rights granted to Customer will immediately terminate; (iii) Customer will remain responsible for all fees due for the remainder of the Term under all Order Forms in effect as of the termination date, less any fees already paid; and (iv) Customer shall (a) delete all Company Confidential Information within thirty (30) days of expiration or termination, except (1) to the extent retention is required under applicable law or regulation and only for so long as such obligation applies, and (2) for derivative works of the Company Confidential Information, provided that such derivative works do not permit reverse-engineering or extraction of the underlying Company Confidential Information; and (b) provide written certification, signed by an executive of Customer confirming such deletion of Company Confidential Information.
Indemnification.

a. By Company. If any action is instituted by a third party against Customer based upon a claim that the Services, as delivered without modification and used as specified in all applicable documentation, infringe any third party’s U.S. intellectual property rights, Company will defend such action at its own expense on Customer’s behalf and will pay all damages attributable to such claim which are finally awarded against Customer or paid in settlement.

b. Exceptions. Section 15(a) will not apply if the alleged claim arises, in whole or in part, from (i) a use or modification of the Service by Customer in a manner inconsistent with any applicable Documentation, or outside the scope of any right granted or in breach of these Terms, (ii) a combination, operation or use of the Service with other software, hardware or technology not specifically authorized by Company, or (iii) the Customer Data (the “Customer Indemnity Responsibilities”).

c. Infringement or Likely Infringement. If all or a portion of the Services is enjoined or, in Company’s determination is likely to be enjoined or otherwise infringing, Company may, at its option and expense (i) procure for Customer the right to continue using the Services, (ii) replace or modify the Services so that they are no longer infringing but continue to provide comparable functionality, or (iii) terminate Customer’s access to the Services and refund any amounts previously paid for the Services attributable to the unused portion of the then-current Term. This section sets forth the entire obligation of Company and Customer’s exclusive remedy against Company for any claim that the Services infringe a third party’s intellectual property right.

d. By Customer. If any action is instituted by a third party against Company or its affiliates (collectively the “Company Indemnitees”) relating to (i) Customer’s or Authorized Users’ use of the Services or Documentation in a manner not authorized or contemplated by these Terms, (ii) misuse of Customer’s passwords or access codes, or (iii) Customer Indemnity Responsibilities, Customer will defend such action at Customer’s own expense on the Company Indemnitees’ behalf and will pay all damages attributable to such claim which are finally awarded against the Company Indemnitees or paid in settlement of such claim, except to the extent arising from Company Indemnitees’ willful misconduct or gross negligence. This subsection will not apply to the extent that Company has any indemnification obligation with respect to such claim pursuant to Section 15.a.

e. Procedure. Any Party that is seeking to be indemnified under the provision of this Section 15 (an “Indemnified Party”) must (i) promptly notify the other Party (the “Indemnifying Party”) of any third-party claim, suit, or action for which it is seeking an indemnity hereunder (a “Claim”); provided that failure to provide such notice shall not relieve the Indemnifying Party of its obligations under this Section 15 except to the extent it is materially prejudiced by such failure, and (ii) give the Indemnifying Party the sole control over the defense of such Claim, subject to the Indemnified Party’s right to participate in such defense at its own expense and the Indemnifying Party’s obligation to keep the Indemnified Party reasonably informed of material developments.
Force Majeure. Company will not be liable for any delays or failure in performance of any part of the Services due to any cause beyond Company’s control. This includes acts of God, changes to laws, epidemic, pandemic or similar influenza or bacterial infection that may cause global outbreak or serious illness, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, and acts of hackers or third-party internet service providers.
Governing Law and Disputes.

a. Governing Law and Jurisdiction. The laws of the State of New York, excluding its conflict of laws rules, will apply to any and all disputes, controversies, or claims arising out of or relating to the Services or these Terms (“Disputes”). The United Nations Convention on Contracts for the International Sale of Goods (the “Vienna Sales Convention 1980”) is excluded from these Terms.

b. Disputes. All Disputes shall be resolved by a court of competent jurisdiction in the State of New York, and both Parties consent to the exclusive jurisdiction and venue of the State and Federal Courts located in Oneida County in the State of New York. CUSTOMER AND COMPANY AGREE THAT ANY DISPUTE AGAINST THE OTHER MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. CUSTOMER AGREES TO WAIVE ANY RIGHT TO A JURY TRIAL AND/OR TO PARTICIPATE IN A CLASS ACTION AGAINST COMPANY.
Assignment. Neither Party may assign these Terms or any of the rights hereunder or delegate any of its obligations hereunder by operation of law or otherwise, without the prior written consent of the other Party which consent shall not be unreasonably withheld. Provided, however, that Company may assign these Terms in connection with a merger, sale, or other business combination.
Notice. All notices required hereunder shall be deemed sent if mailed via certified mail, return receipt requested, or by email. Notices to Customer will be effective when Company sends them to the email address associated with Customer’s Account. Notices to Company will be effective when Customer sends them to the email address contracts@jetnet.com.
Publicity. Company may include Customer’s name and logo in its list of customers and marketing materials, provided that such use is factual and uses Customer’s name and logo in a form publicly made available or approved by Customer. Any other public reference or endorsement shall require Customer’s prior written consent.
Company Right to Subcontract. Company may subcontract any aspect of its obligations under these Terms to qualified third parties, provided that any such subcontracting arrangement will not relieve Company of any of its obligations hereunder.
Independent Contractors. The relationship arising from these Terms does not constitute or create any joint venture, partnership, employment relationship or franchise between them, and the Parties are acting as independent contractors in making and performing these Terms.
Export Compliance. Except as allowed under applicable U.S. Government export laws and regulations, no technical data, hardware, software, technology, or other information furnished under these Terms by either Party shall be disclosed to any foreign person, firm, or country, including foreign persons employed by or associated with Customer. Furthermore, both Parties shall not allow any re-export of any technical data, hardware, software, technology, or other information furnished, without first complying with all applicable U.S. Government export laws and regulations. Each Party shall indemnify, defend, and hold the other Party harmless from and against any and all claims, demands, actions, suits, proceedings, losses, damages, penalties, obligations, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising directly or indirectly from breaches of this provision by the other Party.
Severability. In the event any provision hereof shall be held for any reason to be illegal, invalid or unenforceable, such provisions shall be considered severable and the illegality, invalidity or unenforceability of any provision shall not affect the validity of any other provision, which shall continue in full force and effect, provided that the unenforceable or invalid provision is not material to the overall purpose or operation of these Terms.
Interpretation. The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of these Terms. Whenever the context hereof shall so require, the singular shall include the plural, male gender shall include the female gender and the neuter; and vice versa.
Waivers. Any waiver by Company must be in writing and signed by an authorized representative of the Company. No waiver by a Party of any breach of this Agreement by Company shall be a waiver of any preceding or succeeding breach by Company. No failure or delay by Company in enforcing any right or provision under this Agreement shall be construed as Company’s waiver of such right or provision or of any other right or provision.
Counterparts. The Order Form and these Terms may be executed in one or more counterparts, each of which shall be deemed an original, and all such counterparts together constitute one and the same instrument.
Federal Government End Use Provisions. To the extent Customer is an agency of or otherwise represents the United States federal government, (i) it hereby agrees that the Service qualifies as a “commercial product” as defined by FAR Part 2.101 or the state law corollary, and (ii) Company provides the Services and Company Data for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Company Services include only those rights customarily provided to the public as defined in these Terms. This right to use is provided in accordance with the United States Federal Acquisition Regulation (“FAR”) section 12.211 (Technical Data) and FAR section 12.212 (Software) and, for Department of Defense transactions, the United States Defense Federal Acquisition Regulation Supplement (“DFARS”) section 252.227-7015 (Technical Data Commercial Items) and DFARS section 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these terms, it must negotiate with Company to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement.
Survival. The following sections of the Terms will survive any termination or expiration of the Terms: 1 (Definitions), 2 (Access to Services, Restrictions on Use, Consumption and Usage, and Third-Party Use), 5 (ADS-B Exchange Receiver Specific Terms), 6 (Data and Intellectual Property), 10 (Confidentiality), 12 (Limited Warranty and Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Term and Termination), 15 (Indemnification), 18 (Assignment), 19 (Notice), 26 (Waivers), and 29 (Survival).
Modifications. These Terms of Use were last modified on the date listed at the end of these Terms (“Last Modified Date”). Company may make modifications to these Terms by posting a revised Terms of Use on the Company’s website. Company will provide reasonable notice prior to any modifications becoming effective, except where immediate modification is required by law, regulation, or court order. Customer acknowledges and agrees that use of the Services by Customer after the Last Modified Date constitutes Customer’s acceptance of the modified terms, that such modified terms will become effective on the Last Modified Date, and that it is Customer’s responsibility to check this website regularly for modifications to these Terms.
Entire Understanding. These Terms represent the entire understanding of the Parties regarding the Services, and supersedes all prior or contemporaneous understandings, or agreements, including any Company online agreements or negotiations, whether oral or written implied or express between the Parties. Any term or condition in any purchase order or other document provided by Customer to Company will be null, void, and of no legal force or effect, unless it is made pursuant to an amendment to these Terms and expressly agreed to in writing by an authorized representative of each Party. In the event of any conflict between the terms of any other document and these Terms, these Terms shall prevail unless specifically stated in such document.

Last Modified Date: July 6, 2026

Aircraft Title Services

Banks

Insurers

Lenders

NBFI

JETNET Terms of Use

Contact Us

Stay Connected

Recent News

Latest Blog Posts