Terms of Service of SkyLink PBCS
1. Who these terms are between
1.1 These terms are an agreement between Takyonics FZ-LLC, licence number 45038647, VUNE2770, Compass building - Al Hulaila, Al Hulaila Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates ("we", "us") and the organisation that registers for SkyLink PBCS ("you", "the Customer").
1.2 By ticking the box at sign-up you confirm that you are authorised to accept these terms for the Customer and that the Customer agrees to them. You must accept these terms before you can register.
2. The service
2.1 SkyLink PBCS lets the Customer upload files of communication and surveillance performance records (CSV files). It produces tables and charts of the Customer's required communication performance (RCP) and required surveillance performance (RSP) results for the flight information regions (FIRs) of the Customer's plan.
2.2 The reports are calculated from the data the Customer uploads, using the rules described on the Rules page of the service, which every user of the Customer can open. They are provided as an aid. They are not an official monitoring report and do not replace the Customer's own analysis or any approval by a regulator. The Customer must check the reports before relying on them for a safety, regulatory or operational decision.
2.3 We may improve and change the service. If a change significantly reduces what a plan includes, we tell the Customer by email at least 30 days before.
3. Accounts, users and roles
3.1 Every user belongs to one Customer. A Customer has Admins and Editors. An Editor can upload CSV files, replace or delete uploads, and generate and export reports. An Admin can do everything an Editor can, and can also invite and manage users, manage the Customer's subscription and update the Customer's details.
3.2 The number of users depends on the plan. A new user receives a personal invitation link by email and must verify their email address before using the service.
3.3 The Customer is responsible for what its users do, for keeping login details secret, and for telling us at once if an account is misused.
4. Plans, prices and tax
4.1 There are three plans: Standard, Premium and VIP. Each plan includes a number of FIRs, a number of users and a largest size for each CSV file. The plans, what they include and their prices per month and per year are shown on the plans page at skylinkpbcs.com. All prices are in US dollars (USD).
4.2 Tax is currently charged at 0%. If the Customer gives us a tax number, we print it on its invoices.
4.3 We may change prices or plans for the future by giving at least 30 days' notice by email. A change applies from the next renewal.
5. Free trial
5.1 The first month after registration is free for every Customer, whatever term it chose. A Customer that pays by card gives its card at registration; we save it and charge nothing before the free month ends. A Customer that pays by invoice gives the details we need for its invoices and chooses a six-month or a yearly term.
5.2 During the free month the Customer has full use of the service within the limits of its plan. We email all the Customer's users before the free month ends.
5.3 When the free month ends, a Customer that pays by card is charged for the term it chose (6.1). A Customer that pays by invoice receives its first invoice before the month ends (6.2); if it is not paid when the free month ends, the account is locked at once (6.3).
5.4 Only one free month is available for each email address.
6. Paying for the subscription
6.1 Card. The Customer pays monthly or yearly, as it chose, by card through our payment provider, Stripe. The first payment is taken when the free month ends, and each later payment at the start of each period; if a renewal payment fails, we retry the card a few times during the grace period of 6.3. We do not store the full card number.
6.2 Invoice. A Customer that chose to pay by invoice pays for six months or a year at a time and receives invoices as PDF files in USD at the email address of its Admin, before each due date. Each invoice shows our legal name, licence number and address, our bank details, an invoice number, the Customer's tax number if it gave one, and the tax. We send reminders to all the Customer's users until the invoice is paid, and we record each payment when we receive it. The Customer sends us the payment receipt through the contact page.
6.3 Late payment. When a renewal is not paid, the Customer has a grace period of 14 days (monthly card subscription), one month (yearly card subscription or six-month invoice subscription) or two months (yearly invoice subscription). During the grace period the Customer keeps access, and we email all its users. If we have not received payment by the end of the grace period, the Customer's account is locked: its users can still sign in, but they can use nothing except the payment page and the contact page until the payment is made. Access returns as soon as a payment is processed. A lock does not delete the Customer's data. If the first card payment at the end of the free month fails, or the first invoice is not paid when the free month ends, the account is locked at once, without a grace period.
7. Changing or ending the subscription
7.1 Upgrade. A Customer that pays by card can upgrade at any time; the upgrade takes effect at once and the price difference for the rest of the current period is charged. A Customer that pays by invoice changes its plan at its next renewal. An upgrade loses no data. When an upgrade adds FIRs, the Customer chooses them as part of the upgrade.
7.2 Downgrade. The Customer can downgrade. It chooses which FIRs to archive and which users to disable; when it confirms, the reports of those FIRs are archived and those users are disabled. For a Customer that pays by card the downgrade takes effect at once and the unused part of the price is credited against its next payment, not refunded; for a Customer that pays by invoice it takes effect at the next renewal. Archived data is kept but cannot be used in reports, and an archived FIR keeps its place in the Customer's plan.
7.3 Cancelling. The Customer can cancel at any time. After cancelling, it keeps using the service until the last day of the period it has paid for. On that day all its Customer Data, including the uploaded files, is deleted permanently; the cancellation page says so before the Customer confirms.
7.4 Refunds. Fees already paid are not refunded, except in extreme cases, for example when the Customer disputes something and wishes to cancel at once with a refund. In that case the Customer must contact us at support@skylinkpbcs.com. We decide each request individually and make any refund manually.
8. FIRs
8.1 The Customer chooses at least one FIR when it registers and can add the other FIRs of its plan later in its portal. A FIR the Customer has chosen is locked. To change one, the Customer writes to support@skylinkpbcs.com; we change it after confirming the request by email.
8.2 Reports show one FIR at a time.
8.3 When the Customer uploads a file, we discard every record that does not belong to one of its FIRs. At the end of the upload we tell the Customer how many records were discarded and why.
9. The Customer's data
9.1 The Customer owns all rights in the data it uploads and in the reports made from it ("Customer Data"), for good. We never sell, share or distribute Customer Data to anyone. We use it only to provide the service to the Customer and, in aggregated form that identifies no customer, for statistics and to improve the service.
9.2 Customer Data is confidential. It is visible only to the users of that Customer. We do not look at Customer Data unless the Customer asks us for support; we then open only what is needed to solve the issue, and every access is logged. We give the Customer the log of that access on request.
9.3 The Customer confirms that it has the right to upload the data and that uploading it breaks no law or agreement.
9.4 The Customer can delete an upload at any time, which removes its records from the reports and deletes its file, and can purge all its files or all its data. These deletions are permanent; the service warns the Customer before each one. Deleted data remains only in our backups, for up to six months, and is then gone.
9.5 While the subscription is active we keep the Customer's records, so that the Customer can look back through its whole history. If the Customer's account is locked for non-payment, we keep its data for six months; during the sixth month we email all its users once a week, four times, and at the end of the sixth month we delete the data permanently. We also delete Customer Data, including the uploaded files, when the Customer asks us to. If a Customer has not paid when its free month ends, its account is locked (6.3) and its data is kept for 14 days, with one warning email; if it has still not paid, the data is deleted.
9.6 We store the uploaded files encrypted.
10. Availability and support
10.1 We aim to keep the service available, but we do not promise any level of availability. For information, an outage might last up to 48 hours. This is a suggestion of what might happen, not a promise. An outage affects the whole service and all customers at once.
10.2 We give support by email at support@skylinkpbcs.com.
11. Acceptable use
The Customer and its users must not upload data they have no right to upload, try to see another customer's data or get around the limits of a plan, interfere with the service or overload it, copy or reverse-engineer it, or use it unlawfully.
12. Our rights in the service
We and our licensors own the service, its software and its design. We give the Customer a non-exclusive, non-transferable right to use the service during its subscription, according to these terms.
13. Suspension and ending by us
We may suspend or end the Customer's access if it seriously breaches these terms, uses the service unlawfully or puts the service or other customers at risk. Where we can, we tell the Customer first. Non-payment is dealt with in 6.3.
14. Liability
14.1 To the extent the law allows, we provide the service "as is" and are not liable for indirect or consequential loss, or for loss of profit, data or business.
14.2 To the extent the law allows, our total liability to the Customer for all claims connected with the service is limited to the fees the Customer paid in the 12 months before the claim.
14.3 Nothing in these terms limits a liability that cannot be limited by law.
15. Changes to these terms
We may change these terms. We tell the Customer by email at least 30 days before a change that affects it takes effect. If the Customer does not agree with the change, it can cancel under 7.3 before the change takes effect.
16. Governing law and contact
These terms are governed by the law of the United Arab Emirates, and the courts of Ras Al Khaimah have jurisdiction. Contact: support@skylinkpbcs.com, Takyonics FZ-LLC, VUNE2770, Compass building - Al Hulaila, Al Hulaila Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates.