Software Use Agreement

BY ACCESSING OR USING OUR WEBSITES AND MOBILE APPLICATIONS AND SERVICES (THE “PROGRAM”, “SOFTWARE” AND/OR “SERVICE”), YOU AGREE TO THE TERMS OF THIS AGREEMENT. Please review the following carefully so that you understand the agreement. If you have questions about this agreement, please contact us at [email protected]. If you do not agree and accept, without limitation or qualification, these terms, please exit the website.

You (hereinafter referred to as “User”) and BlackJet Technology, Inc. (hereinafter referred to as BlackJet) as owner of the Software and Service and manager of the Program agree to the following terms and conditions relating to the services provided and consumed as follows:

SOFTWARE USE AGREEMENT

By indicating your agreement, You (hereinafter referred to as “User”) and BlackJet Technology, Inc. (hereinafter referred to as BlackJet) as owner of the Software and Service and manager of the Program agree to the following terms and conditions relating to the services provided and consumed as follows:

1. SOFTWARE, APPLICATIONS, WEBSITES, ELECTRONIC/SOCIAL COMMERCE AND COMMUNICATIONS. By using the Software or Services, User expressly represents and warrants that they are legally entitled to enter this Agreement. If User resides in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, User must abide by such age limits and must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to children (persons under the age of 13). By using the Software or Services, User represents and warrants that they are at least 13 years old. By using the Software or the Services, User represents and warrants they have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement and participation in using the Service and/or Software is for User’s sole, personal use. User may not authorize others to use their account or user status, and may not assign or otherwise transfer their user account to any other person or entity. When using the Software or Service User agrees to comply with all applicable laws from their home nation, and the country, state and city they are in while using the Software or Service.

BlackJet reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.

User may only access the Service using authorized means, and it is User’s responsibility to check to ensure they download the correct Software for their device. BlackJet is not liable if User does not have a compatible handset or if they downloaded the wrong version of the Software for their handset or computer system or device. BlackJet reserves the right to terminate this Agreement should User use the Service or Software with an incompatible or unauthorized device.

By using the Software or the Services, User expressly agrees that they:

  • Will only use the Service or Software for lawful purposes; will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
  • Will not use the Service or Software to cause nuisance, annoyance or inconvenience.
  • Will not impair the proper operation of the network.
  • Will not try to harm the Service or Software in any way whatsoever.
  • Will not copy, or distribute the Software or other content without written permission from BlackJet.
  • Will only use the Software and Service for their own use and will not resell it to a third party.
  • Will keep secure and confidential account password or identification which allows access to the Service.
  • Will provide BlackJet with whatever proof of identity that may reasonably be requested.
  • Will only use an access point or 3G data account (AP) which they have authorization to use.
  • Are aware that when requesting transportation services by SMS standard messaging charges will apply.

BlackJet hereby grants User a non-exclusive, non-transferable, right to use the Software and Service, solely for their own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted are reserved by BlackJet and its licensors.

User shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (v) launch an automated computer program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any software program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.

User may use the Software and Service only for personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or computer programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.

User may use the Software and Service only for personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or computer programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.

During use of the Software and Service, User may enter into correspondence with other members, purchase goods and/ or services from, or participate in promotions offered by third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity and any terms, conditions, warranties or representations associated with such activity is solely with the applicable third-party. BlackJet and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion with other members, parties and any such third-party. BlackJet does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall BlackJet or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. BlackJet provides the Software and Service pursuant to the terms and conditions of this Agreement. Members recognize, however, that certain third-party providers of goods and/or services may require User’s agreement to additional or different terms and conditions prior to use of or access to such goods or services, and BlackJet disclaims any and all responsibility or liability arising from such agreements.

BlackJet may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. BlackJet may compile and release information regarding Members’ use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis, and it is User’s responsibility to take reasonable precautions in all actions and interactions with any third party accesses or interacted with through or connected with the Software and Service.

By entering into this Agreement and using the Software or Service, User agrees to defend, indemnify and hold BlackJet, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with User’s: (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) violation of any rights of any third party, including providers of transportation services arranged via the Service or Software, or (c) use or misuse of the Software or Service.

BLACKJET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SOFTWARE OR SERVICE. BLACKJET DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE OR SOFTWARE WILL MEET REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE IS PROVIDED STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BLACKJET. MEMBER ACKNOWLEDGES AND AGREES THAT THE ENTIRE RISK ARISING OUT OF THEIR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH THEM TO THE MAXIMUM EXTENT PERMITTED BY LAW.

BLACKJET’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BLACKJET IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

IN NO EVENT SHALL BLACKJET AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). BLACKJET AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, ANY RELIANCE PLACED ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION WITH ANY THIRD PARTY, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR SOFTWARE, EVEN IF BLACKJET AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BLACKJET WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN MEMBER AND THIRD-PARTY PROVIDERS, MEMBERS OR OTHER USERS OF THE SOFTEWARE AND SERVICE. MEMBER EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

This Agreement may not be assigned by User without the prior written approval of BlackJet but may be assigned without User’s consent by BlackJet to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

No joint venture, partnership, employment, or agency relationship exists between User, BlackJet or any third party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of BlackJet to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BlackJet in writing. This Agreement comprises the entire agreement and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

2. PROGRAM, SOFTWARE and SERVICE. User understands that they must enroll and become a Member in order to join the Program and arrange for air transportation services under the Program. Prior to becoming a Member, User will have the ability to use the software and service in a limited fashion, only to investigate pricing and availability and become familiar with the software and service features. User acknowledges that they understand that only as a Member and not as a user, BlackJet will agree to arrange for air transportation services for User to be provided by aircraft operators holding an air carrier certificate (“Air Carrier”) authorizing them to furnish air transportation services pursuant to Federal Aviation Regulations 14 C.F.R. Part 135 (“FAR Part 135”). BlackJet is not an aircraft operator and provides membership services and arranges for travel service for members as the manager of the Program. User shall pay for a membership and agree to terms and conditions reflected in a Membership Agreement and thereafter will be entitled to book seats on private jets at published prices and access other benefits and privileges which are specified therein, all of which will form part of the Service after User becomes a member. For clarification purposes, “Private Jet Seats”, “Seats” and “Seat Service” or other such terminology refers to booking, arranging, providing or using Seats on private jets as opposed to “Aircraft Charter”, “Private Charter”, “Charter” or other such terminology in this agreement which refers to using, booking, arranging or chartering an aircraft (as opposed to Seats on an aircraft) and as such more than one party will be on the flight and multiple parties will be traveling together and sharing the aircraft. BlackJet may provide access to Software including applications, websites, electronic social/commerce, marketplaces, and integrated communication tools which form part of the Program and Service, and are designed to enhance the user-experience, communications, service optimization, functionality and logistics of the Program which Members can access and use only as stipulated and limited under the terms and conditions of this agreement. The Program includes the Service provided under this agreement, together with Software which may be accessed by User under this agreement, and is defined by this Agreement.

3. MEMBERSHIP. Membership rates, fees and privileges, are subject to change at any time at the sole discretion of BlackJet. Special offers, discounts, or services may be limited. Memberships may be limited. There is no obligation for BlackJet to renew or extend membership privileges or service beyond the membership term. If for any reason User breaches this agreement and User loses privileges and membership is cancelled, User shall forfeit and lose accrued free flights, companion seats, credits and any other benefit with no further obligation by BlackJet or recourse against BlackJet relating to Service, credits or any benefits. At its sole discretion, BlackJet may make promotional offers with different features and different rates to members or potential customers. Differing promotional offers shall have no bearing whatsoever on this membership, agreement or service offering.

4. ACCEPTANCE OF MEMBERSHIP AND OPENING MEMBERSHIP ACCOUNT. User agrees to complete all information required and requested through the App and online forms, or forms provided by email/mail if requested by User. BlackJet will review the membership information and communicate acceptance within a reasonable period of time. BlackJet maintains the exclusive right to accept or not accept members into the membership program as described herein. Should User be refused, membership payment shall not be taken, or shall be immediately refunded, and there shall be no further obligation.

5. GOVERNING LAW. This Agreement and all the rights of the parties shall be construed and enforced in accordance with the laws of the State of Florida without reference to the conflict of law principles of any jurisdiction. Any disputes relating in any way to this Agreement will be subject to the exclusive jurisdiction and venue of the courts of Palm Beach County, Florida.

6. ENFORCEMENT. In the event that any legal action is instituted by any party for the purpose of enforcing any term or provision, the prevailing party in such action shall be entitled to recovery of its reasonable attorney’s fees and actual costs incurred therein.

7. ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the parties. User may not assign or transfer its rights or obligations without prior consent of BlackJet which may be withheld at its discretion.

8. CONSTRUCTION. The invalidity of any portion of this Agreement shall not affect the validity of the remaining portions thereof.

9. PARAGRAPH HEADINGS. The headings to the paragraphs to this Agreement are solely for convenience and have no substantive effect on the Agreement nor are they to aid in the interpretation of the Agreement.

10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. No statements, promises, or inducements made by any party to this Agreement, or any agent or employees of either party, which are not contained in this written contract shall be valid or binding. Except for amendments and modifications allowed under this agreement by BlackJet, this Agreement may not be modified, amended or altered except in as agreed in writing by the parties.

11. NOTICE. BlackJet may give notice by means of a general notice through the Software, electronic mail to User’s email address on record in BlackJet’s account information, or by written communication sent by first class mail or pre-paid post to User’s address on record in BlackJet’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). User may give notice to BlackJet (such notice shall be deemed given when received by BlackJet) at any time by any of the following: letter sent by confirmed facsimile to BlackJet at the following fax numbers (whichever is appropriate): (561) 689-7099; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to BlackJet at the following addresses (whichever is appropriate): BlackJet Technology, Inc., 1675 Palm Beach Lakes Blvd suite 100, West Palm Beach, Florida 33401 addressed to the attention of: Chief Operating Officer.

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