Terms of Service

A personal introduction 👋

From everyone at Volanti, thank you for using our products! We build them to improve the management of flying clubs and allow you to focus on what really matters - your members and your aircraft.

As we don't know each of our users personally, we've had to put together some terms of service to help keep us all on the same page. Nothing in these documents is intended to be unfair or penalise you in order to make a profit. This agreement is about having a mutual understanding of everyone's responsibilities and expectations.

By signing up for a Volanti.aero account or by using any Volanti.aero services, you are agreeing to be bound by the following terms and conditions (the "Terms of Service").

The services offered by Volanti.aero under these Terms of Service include various products and services that enable you to manage your aviation organisation and help you sell goods and services to your customers, whether online, in person, or both. Any such service offered by Volanti.aero are referred to in these Terms of Service as "Services". Any new features, tools, or products which are added to the current service provision will also be subject to these Terms of Service, in addition to any product specific terms.

Some basic definitions 📚

When we say "Platform", "Services" or "Products" we mean any of the features or software provided by us, which you are granted access to. This includes our main website, your pilot portal, and your administrative area.

When we say "you" or "your", we are referring to the people or organisations that own an account with one or more of our services.

How to contact us 📞

You can contact us via email: [email protected]

These terms and using Volanti

These legal terms (English law applies and disputes will be settled by English courts) are between you and Volanti.Aero Limited (Volanti/Company/us/we/our) and you agree to them by using our services or products. Your Volanti account belongs to the organisation of which you are a representative and should only be used for that purpose.

You should read this document along with our other policies, which are referenced as appropriate within.

We may update these Terms of Service in the future. All changes will be displayed on our website, with a full version history - the least we can do if we ever change the terms, is allow you to remind yourself of the previous version. Typically when we modify these terms it will likely focus on clarification on, or expansion of, specific areas to enable our services to grow. However, should we make significant changes we will endeavour to notify you in a timely manner.

When you use our services or products, now or in the future, you are agreeing to the latest version of these terms. That is true for any of our existing services, and future products and features that we add to our services over time. There may be times where we do not exercise or enforce any right or provision of these terms. In doing so, we are not waiving that right or provision.

If you violate any of these terms, we may terminate your account. That's a broad statement - deliberately so - and requires you to place a lot of trust in us. We do our best to remain as open and transparent as possible, and we're always happy to be contacted to discuss our terms.

Platform Access

User Accounts 👨‍👩‍👧‍👦

To access and use the services, you must register for a Volanti account ("organisation"). To complete your registration you must provide us with your full (legal) name, email address, business address, phone number, and any other information indicated as required. You must only register for the purposes of carrying on a business activity and not for any personal, household, or family purpose.

This account will grant you access to organisation(s) that you are linked to as either a pilot or a member of staff (or in some cases, both).

You are responsible for maintaining the security of your account and password. We cannot, and will not, be liable for any loss or damage from your failure to comply with this security obligation. We recommend users set up two-factor authentication for added security - in some situations we might mandate that this must be enabled.

When registering, and occasionally when signing in, we may draw your attention to whether your password has been found to have leaked in published data breaches. We do this by cross referencing a jumbled up ("hashed") version of your password to a published leaked data. Where we find a match we will make you aware, however we take no responsibility for guaranteeing that your password has not been compromised elsewhere and this remains your responsibility.

You may not use our services for any purposes outlined in our restricted usage policy. Further, you remain responsible for any and all content or information that is posted via your account, along with any activity that occurs under your account. This includes any activity from those who have access to your login credentials.

We ask that multiple Volanti accounts are not created for the same person. We actively monitor signups and we will not tolerate excessive account creation. Additionally, we will remove any accounts created by automated methods, or by unauthorised resellers of our software.

Organisation Accounts 🏢

Organisation accounts are considered the owner of the data and services that we provide on their behalf. Users will be granted access to the organisation's account and provided with different access levels in order to manage and execute the functions required to support your business model.

Organisations are also bound by our restricted usage policy, and remain responsible for any activity of users to whom they grant access within our platform. The appointed owner of an organisation is responsible for ensuring that staff remain vigilant about their personal security practices.

Organisation Owner 🕴️

Whichever user creates the organisation account will be designated the "Owner" of that organisation, for the purpose of our terms of service. It is important that this person is operating on behalf of an organisation, and has the authority to bind the organisation to our Terms of Service. It is only possible to have a single owner of an organisation.

The owner of an organisation is responsible for creating other staff accounts and delegating access as they deem appropriate. The organisation owner is able to specify the exact details that can be shown to staff within the Volanti platform, however the organisation owner cannot delegate access to manage staff accounts or permissions to anyone else.

Only one Owner can exist at a time, however you can transfer the title of account "owner" within your organisation should you wish to. To do so, please contact us.

Multiple and Related Accounts 🎭

Multiple Volanti accounts for organisations will not be supported unless we have approved your use case. The only use case where multiple accounts for the same organisation will be supported, is where an organisation wishes to operate in multiple currencies.

Accounts will be treated as 'related' where the same user is listed as staff at multiple organisations, or where multiple organisation accounts are regularly accessed from the same device.

Where one related account falls foul of our policies and is suspended, or frozen, related accounts may also be deemed to be involved in the violation(s), and may be subjected to suspension also.

Account Activation ☑️

In order to ensure that the performance for other organisations is not degraded by a high volume of new organisations, and to manage the time of our team, we may restrict registrations. When this happens all accounts will be subject to a manual activation. We will endeavour to complete this as soon as possible, and notify you via email when this occurs.

Staff Accounts

Based on your subscription plan, you can create one or more staff accounts which grant other people access to the organisation. Each staff account must include a full legal name and a valid email address.

We allow you to set permissions for each staff account, restricting the data and actions that those individuals have access to. We encourage you to always apply the minimum amount of access required to complete their jobs, as a security measure, rather than as a lack of trust.

Ultimately, the owner bears any and all responsibility for the behaviour of anyone granted access to their organisation. The owner remains responsible for ensuring that all staff accounts comply with these Terms of Service, product specific terms, and restricted usage policy. To put it bluntly - you are responsible for your staff, and we trust you to ensure they behave sensibly on our platform.

Volanti Pay

Upon completion of an organisation's onboarding, they may be enrolled for a Volanti Pay account automatically, even if payments are disabled on the account. This enrolment allows us to carry out necessary KYC ("Know Your Customer") checks before we allow you to invite any type of payments from members of the public. Where your account is selected for this enhanced KYC screening, your account will not be operational until it is complete.

Volanti pay has its own terms of service.

Payments, Refunds, and Subscription Changes 🏦

This section of our terms relates to your payments and refunds in respect of your subscription with Volanti. For our payment services terms, please reference our payment services policy, and our schedule of fees.

VAT

We are not VAT registered and therefore any prices shown do not attract a VAT breakdown, nor can we provide a tax receipt. It is intended that our prices will become VAT exclusive in the future, and taxes will be payable in addition to the advertised subscription amounts.

Individual Services ⚙️

Some of our services come with their own policies - such as our payment services. You should consult these individual policies in addition to these terms.

Cancellation and Termination 😢

You are solely responsible for properly cancelling your account. We empower you to take ownership of your account and self-serve your cancellation request. Cancellations can be made via email or over the phone, however the effectual date for this is considered to be the day a member of our team carries out your request. If you require help accessing the cancellation page, you can contact us.

When you request cancellation of your account we will mark it for cancellation at the end of the current billing cycle. You can continue to use the software up until this point. After your current billing cycle ends, and your subscription lapses, your account will be frozen. Within 30 days we will delete any data that we are no longer required to hold for financial compliance reasons. Within 60 days we expect your data to be removed from circulation within backups.

Please remember that we cannot recover data once it has been deleted, and we cannot restore single accounts from our backups. If you want to reactivate your account you must do so within the 30 days following your cancellation.

In all situations where you request a refund of accrued or prorated amounts, we will action these requests in line with our "fair refund" stance outlined within.

It is important to remember that the ability to cancel your account may not be presented to you where unsettled payments exist. Where this is the case, we expect you to settle your unpaid debts.

As a service provider we retain the right to freeze or terminate your account(s) and refuse any and all current or future use of our platform, for any reason, at any time. Freezing your account means you and any other users on your account will not be able to access the account or any content in your account. Termination will result in the deletion of your account and your access to it. We also reserve the right to refuse the use of our platform to anyone, for any reason, at any time. Whilst we are confident that 99.9% of our users will behave in line with our terms, there may be the occasional bad actor that we have to deal with. Additionally there are some things we stand against and this clause gives us the ability to exercise those choices. For more details of this, take a look at our restricted usage policy.

Any verbal, physical, written or other abuse (including threats of retribution) of our team will result in immediate account termination.

Modifications to the Service and Prices 📈

We provision our services with the intention of continuing to run them into the future. We do however reserve the right to modify or discontinue, temporarily or permanently, any part of our services with or without notice. We believe in pricing our software fairly, reflective of the value it brings to your organisation. Our business model is selling software, so we ensure we are priced for sustainability, with opportunity for further investment into our platform.

It may be the case that we change the pricing structure for our services and products. When we do so, we will intend to exempt current customers for a period of time, however we will always provide you at least 30 days notice until the new pricing will take effect.

Uptime, Security, and Privacy 🔐

Your use of the platform is at your sole risk. We provide these services on an "as is" and "as available" basis. We do not offer service-level agreements for most of our services, but we do take uptime of our platform seriously.

We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers, in such a way that your usage might detract from them. Where this is likely to happen, we will always reach out to the account holder before taking any action unless there is an immediate risk of impacting other customers.

We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public internet.

When you use our services, you are trusting us with your data, and the data of your customers. We take that trust very seriously. You agree that we can process your data, and the data of your customers, as described in our privacy charter, and for no other purpose. We, as humans, can access your data for the following reasons:

• To help with support requests you make.
• On the rare occasions when an error occurs that stops an automated process part way through.
• To safeguard Volanti.
• To the extent required by applicable law.

As a UK company, with all data infrastructure located within the UK, we only preserve or share customer data if compelled to by a UK government authority, with a legally binding order for us to do so. Where a non-UK authority contacts us we will in all cases refuse their request, unless it us supported by a UK government authority.

We use third party providers to provision the necessary servers, software, networking, storage, payments, identity verification, terminals, and any other such services or products. We maintain a list of sub-processors of personal data within our privacy charter.

Volanti behaves as both a data processor and a data controller, in different situations. We are a data controller for any and all data that relates to provision of your services, and management of your organisation accounts. This data is stored and processed inline with our charter, in order to provide you with access to our platform. Where you onboard your customers, Volanti will act as a data processor and process the personal information of these individuals inline with your requests.

Any data shared with us is used only for the purpose you signed up for and as described in our charter. We do not retain, use, disclose, or sell any information we receive for any other commercial purposes without the explicit permission of you, or your customer(s).

Liability 👩‍⚖️

You expressly understand and agree that Volanti.Aero Limited shall not be liable, in law or in equity, to you or to any third party for direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from: (a) the use or inability to use the platform or services; (b) unauthorised access to or alteration of your transmissions or data; (c) statements or conduct of any third party on the platform; (d) or any other matter relating to these terms or the services, whether as a breach of contract, tort (including negligence whether passive or active), or any other theory of liability.

In other words: choosing to use our platform does mean that you are making a bet on us. If the bet does not work out, that's on you (not us). We work hard to be as safe a bet as possible through careful management of the business, infrastructure, and by caring about the products we clear for takeoff. If you choose to use our service, thanks for backing us.

If you have any questions about these terms, please contact us.