Updated: December 2020
1.1 Services Description. The Service is designed to provide owners of aircrafts airplanes spare parts and related goods (respectively, the "Sellers" and the "Goods"), a convenient platform (the "Platform") for offering, managing, organizing and communicating with potential buyers (the "Buyers") and third party vendors and suppliers (the "Vendors"). Sellers may use the Service to display, promote and sell Goods and provide related services to Buyers and to better manage their operations with Buyers. Buyers may use the Service to find and purchase Goods and services.
1.2 Registration. To use the Services, you must register by creating an account (the "Account") using your email address and a password. A confirmation of the activation of your Account will be sent to you to the indicated email address. Only legal entities and physical persons are allowed to be a member of the Website. You are solely responsible for keeping your password secret and secure and you agree to provide us with truthful and correct information about you as required by the registration process or subscription and update this information promptly as needed to ensure that it remains fair and complete. You must notify us immediately of any breach of security or unauthorized use of your Account. A member account and/or a subscription is not transferable. ePlane reserves the right to refuse the registration of a member for any reason ePlane deems reasonable.
1.3 Subscription. If you subscribe to any monthly or annual paying plan ("ePlane PRO"), you undertake to pay us the applicable fees (as may be amended by us from time to time subject to reasonable prior notice) and to agree to terms specific to ePlane PRO. Failure to pay these fees will result in the termination of your subscription. In order to avoid interruption in your Services' use, you authorize us to store and continue billing your credit card or any other payment method, even after it has expired. If you purchase a subscription, the payment method you have chosen, will automatically be charged ahead of each subscription term for the fees relevant to such period. You may cancel your subscription at any time; however, any amount paid in relation with your subscription is non-refundable. Your subscription to ePlane Pro is personal and you undertake to limit the number of the Services' users in accordance with the guidelines provided by us upon subscription or later on. Any breach of such guidelines or of these TOU will allow us to suspend or terminate your subscription and/or account, in addition to any other available remedy.
1.4 Modifications to Service. ePlane reserves the right to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice. You agree that ePlane will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
1.5 General Practices Regarding Use and Storage. You acknowledge that ePlane may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ePlane's servers on your behalf. You agree that ePlane has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that ePlane reserves the right to terminate accounts that are inactive for an extended period of time.
2.1 ePlane's Platform. ePlane is merely an intermediator and is not a party to any agreement between Sellers, Buyers, Vendors or other Third Parties. All dealings are solely between the respective parties and ePlane will have no liability for any interactions therein. ePlane is not responsible for any contracts or proposals that Sellers upload to the Service other than making such contracts available for review on its Website. You acknowledge and agree that ePlane is not a party to (though it may be an intended third party beneficiary of) any agreements executed between Sellers, Buyers, Vendors or other Third Parties, and the formation of such agreements will not, under any circumstances, create an employment or other service relationship between ePlane and such parties, and ePlane will have no liability under any such agreements. Your interactions with other Sellers or Buyers are at your sole risk. ePlane will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Seller or Buyer, or for any personal injuries, death, property damage, or other warranties, damages or expenses resulting from your interactions herein. ePlane may facilitate payments between Buyers and Sellers via Stripe. ePlane has no control over and does not guarantee the existence, quality, safety, or legality of any Goods or any services advertised by Sellers; the truth or accuracy of any advertisements; the ability of Sellers to sell Goods or services; the ability of Buyers to pay for any Goods or services; or, the completion of any transaction on the Website. ePlane does not warrant or guarantee that any Goods or services offered through the Service will meet a Buyer's requirements.
2.5 Fees. If you are required to pay any fees for our Services, or you are a Buyer paying a Seller for Goods or services via the Service, you may be required to provide information regarding your credit card or other payment instrument. You represent and warrant to ePlane that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information if needed (for example, a change in your billing address or credit card expiration date). If you dispute any charge by ePlane you must notify ePlane within thirty (30) days from the disputed payment. If as a Buyer you dispute any charges by a Seller, you must contact the Seller directly. As a Seller, if you agree to refund any fees to a Buyer, you are responsible and will pay ePlane (and ePlane may retain) any direct transaction costs associated with such a refund. You shall be responsible for all taxes associated with the services other than taxes based on ePlane's net income.
3.1 You hereby grant to ePlane the right to use your trademark, logo and Content in promotional campaign in all forms of media. You expressly agree that ePlane is allowed to use your trademark, logo and Content in marketing materials and on its website and to identify you as a customer. Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content, data or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of ePlane and its affiliates and licensors (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ePlane. Nothing herein shall be constructed as granting, by implication, estoppel, or otherwise, any license or right to use any of ePlane Trademarks displayed on the Service. All goodwill generated from the use of ePlane Trademarks will inure to our exclusive benefit.
3.2 Submissions. In connection with any content that you post on or through the Service or the Website (each, a "Submission") you agree that such Submissions are intended for public display on the Website and hereby grant ePlane a worldwide, non-exclusive, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable and transferable license to store and publicly display the Submissions, including for removal of doubts any designs, images and prints of such designs (in each case directly or through subcontractors), for the purposes of providing or promoting the Service without compensation, liability or notice to you.
3.4 Third Party Materials. Under no circumstances will ePlane be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ePlane does not pre-screen content, but that ePlane will have the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service if we reasonably determine such action is appropriate to prevent errors or any other harm with respect to the Services, it violates this Agreement or our policies, or to avoid or limit our liability. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
3.5 Copyright Infringement Policy. ePlane is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. If you are a copyright owner or an agent thereof and believe that any user submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Service are covered by a single notification, a representative list of such works that appear within the Service; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ePlane will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, ePlane will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ePlane may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to ePlane's designated agent (the "Designated Agent") that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (i) Your physical or electronic signature; (ii) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (iii) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (iv) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which ePlane may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by emailing all required documentation to: email@example.com with the words "Attn Copyright Infringement Designated Agent" in the subject line.
6. Disclaimer of Warranties. Eplane's website and services are provided "As is" and without any warranty or condition, express, implied or statutory. Eplane disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Eplane doest not warrants that the services or the website will be uninterrupted or error-free, that the services will meet your requirements or that any defects in the service will be corrected. There may be delays, omissions and interruptions in the availability of the website.
7. Beta Version; Limitation of Use. Please note that the services are currently being provided in their beta version, the features of which have not been fully implemented or refined. As with any beta version, the services currently constitute a work in progress and as such, there may be unresolved issues.
11.2 Termination by you. You can remove your profile at any time by deleting your Account. However you will not be entitled to to be refunded of any payment made on the Website or in relation with the Services.
12. User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Service and ePlane will have no liability or responsibility with respect thereto. ePlane reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
14. Export Administration Regulations. We encourage you to visit the links below to learn more about export control. In addition Goods subject to the ITAR are prohibited for sale on the Website. Please visit ITAR USA link below to learn more about ITAR. Please note that the links are for your convenience but it is not an exhausting list, and do not, in any way, constitute professional advice or replace legal counselling: ITAR USA - https://www.pmddtc.state.gov/ddtc_public?id=ddtc_public_portal_compliance_landingEAR USA - https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-earOPAC USA - https://home.treasury.gov/policy-issues/financial-sanctions/faqs/73BAFA Germany - http://www.bafa.de/EN/Foreign_Trade/Export_Control/export_control_node.htmlGB Export Control - https://www.gov.uk/government/organisations/export-control-organisationEU Dual Use Export Control - http://ec.europa.eu/trade/import-and-export-rules/export-from-eu/dual-use-controls/