Version into force on 28 October 2022
Metaflight.aero is an online platform offering various immersive experiences related to the world of aviation, and in particular, initiation to piloting via a serious game (the “Platform“). The Platform is edited by METAFLIGHT, a simplified joint stock company, with a capital of 10 000 Euros, registered with the Paris Trade and Company Register, under number 913 734 208, having its registered place of business at 229 Rue Saint Honoré, 75001 Paris – France (« METAFLIGHT »).
The use of the Platform implies the unreserved acceptance of these general terms and conditions of use (the “GCU“) by any user wishing to benefit from the services provided by the Platform (the “User”), the latest version being authentic.
- DEFINITIONS
The following terms, whether used in the singular or plural herein, shall always have the following definition:
"Account": refers to the account created by the User on the Platform, from which he/she accesses the Services, in accordance with these terms and conditions.
"Personal Data“: refers to all types of information, data and/or content, collected and processed in the context of the use of the Services provided by the Platform, hosted by METAFLIGHT or its hosting provider, as defined by Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, which make it possible to designate or identify, directly or indirectly, a natural person.
“Services“: refers to all the features offered on the Platform, and in particular the provision of immersive experiences in the world of aviation, as well as the purchase, loan and/or exchange of different digital products.
“User“: refers to any natural person of legal age and capable, having the status of consumer within the meaning given by law and jurisprudence, having an Account on the Platform, and using the Services, in a limited number if the use is free, or in full for a User with a paid subscription to the Platform, in accordance with METAFLIGHT’S general conditions of sale.
Words not defined herein and with a capital letter, meet the definition provided for by the general conditions of sale of METAFLIGHT.
- USER ACCEPTANCE
These GCU are expressly accepted by the User who must read them before any use of the Platform. In any case, any use of the Services offered by the Platform, subjects the User to the GCU. The User is therefore deemed to have read, understood, and accepted all the rules provided for herein, as well as those that would be present in any document available on the Platform, integrated by reference to the GCU and this, without any reservation. All these rules govern the User’s relationship with METAFLIGHT.
METAFLIGHT reserves the right to modify the GCU, in whole or in part, according to the technical evolution of the Platform or its Service offers, or due to the evolution of the legislation, at its sole discretion and without notice.
Generally speaking, it is the User’s responsibility to consult as often as necessary the GTU accessible from his/her Account or on the Platform.
- PLATFORM HOSTING AND SECURITY
The Platform is hosted by the professional hosting provider mentioned in the legal notices available on the Platform.
METAFLIGHT undertakes to make its best efforts to:
Ensure the physical and logical security of the servers on which the Platform is hosted and, in particular, the integrity of the network and servers against any act of external malice or any known computer attack. The servers are protected against intrusions by a firewall. Operating system and anti-virus security updates are installed regularly.
Implement and maintain security and confidentiality measures of the Platform, which consider the principles of protection of Personal Data and are adapted to the risk generated by their processing on the rights and freedoms of the persons concerned, in accordance with the requirements of the regulations applicable to the protection of Personal Data. These measures aim to (i) protect data – and in particular Personal Data – against destruction, loss, alteration, disclosure to unauthorized third parties and (ii) ensure the restoration of the availability of data – and in particular Personal Data – and access to it within an appropriate time frame in the event of a physical or technical incident. METAFLIGHT also implements a procedure to regularly test, analyze and evaluate the effectiveness of the aforementioned security measures.
In the event of server failure, METAFLIGHT will make its best efforts to restore the service as soon as possible, within the limits of the service level commitments made by the hosting provider.
- TERMS OF ACCESS TO THE PLATFORM
Creating an Account
Access to the Platform is not subject to the creation of an Account, however, to be able to benefit from the Subscriptions, as described in the general conditions of sale, registration is mandatory. To this end, several pieces of information must be provided by the User, including his/her username, a valid e-mail address and a password.
The User may create an Account by clicking on the dedicated tab during the first use of the Platform. He/she registers by mentioning his/her e-mail, his/her name and surname, and a pseudonym, and is required to choose a password.
At this stage, the User is invited to read the GCU and, if he accepts them, to click on “Validate” to finalize the creation of his/her Account. By this click, the User acknowledges having read the GCU, having understood them, and fully accepting all their stipulations, without restriction or reservation.
Once the GCU has been accepted, the User can connect to his/her Account by entering his/her username and password. At his/her first connection, the User is invited to complete his/her profile, with the required information on the Platform, including their full name, date of birth and address.
The User agrees to provide and maintain accurate, current, and complete information about him/her. METAFLIGHT cannot under any circumstances be held liable in the event of delay or impossibility of accessing the Platform due to incorrect or incomplete information in the entry of information concerning the User when requesting the creation of an Account. As such, the User may at any time modify his/her personal information and password directly from his/her Account.
The User’s login credentials (username and password) are personal and confidential. The User must keep his/her login credentials secure and undertakes not to disclose them to third parties for any reason, in any way and in any form whatsoever. The User also undertakes to ensure that at the end of each session of use of the Platform, he/she logs out correctly.
In case of loss, forgetfulness or theft of his/her authentication elements, the User must change his/her password as soon as possible by clicking on the “Forgotten password” button located under the form for entering the login credentials. The User is then prompted to create a new password.
Under no circumstances can METAFLIGHT be responsible for the loss, theft or omission of the User’s authentication elements or their fraudulent use. The User is solely responsible for accessing and using the Platform with its authentication elements.
Equipment
Access to the Platform requires that the User has computer equipment and a high-speed internet connection.
All costs related to access to the Platform and its use, whether hardware, software, or internet access costs, are exclusively the responsibility of the User. The User is solely responsible for the proper functioning and appropriate security of his computer equipment as well as his/her Internet access.
Platform’s availability
The Platform is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond METAFLIGHT’s control and unless interruption, suspension, or limitation in the context of maintenance operations and/or updates necessary for the proper functioning of the Platform.
METAFLIGHT is only bound by an obligation of means concerning the accessibility, operation and availability of the Platform or its contents. METAFLIGHT reserves the right to interrupt, suspend or limit, at any time, access to all or part of the Platform, in particular due to legal or technical constraints.
The User expressly acknowledges that the aforementioned suspensions, interruptions, or limitations may occur at any time without notice and that they will not give rise to any obligation or compensation for him/her.
USE OF THE PLATFORM
Given the nature and purpose of the Platform, the User undertakes to use the Platform in a personal, non-professional context, and to use the Platform in accordance with the GCU, in compliance with applicable laws and regulations.
METAFLIGHT may suspend or terminate the User’s access to the Platform in the event of non-compliance with the rules governing the use of the Platform, without prejudice to any damages that METAFLIGHT may seek.
WARRANTIES
METAFLIGHT represents and warrants that it has all titles, licenses, and permissions to provide the Platform to the User. METAFLIGHT also represents and guarantees that the Platform it provides complies with European and national laws and regulations as well as the state of the art existing on the day of signature hereof.
METAFLIGHT makes no other express or implied warranties, including, but not limited to, as to the continuity, performance and/or durability of the Platform and/or the fitness for a particular purpose or suitability of the Platform and/or Services for the needs of the User, nor does it guarantee that it is free from anomalies, errors, or bugs or that it will work without failure or interruption. The Platform is distributed “as is” and according to its availability.
Access to the Platform implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular regarding technical performance, response times to consult, query or transfer information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the network. METAFLIGHT does not warrant that the Platform or its servers will always be free of viruses, worms, Trojan horses, or any other component that may cause damage. It is the User’s responsibility to take all appropriate measures to protect their own hardware, data, and/or software stored on their computer equipment against any infringement.
LIMITATION OF LIABILITY
By express agreement and subject to the stipulations hereof, METAFLIGHT is subject to an obligation of means in the provision of the Platform and Services. The User expressly acknowledges having received from METAFLIGHT all the necessary information, allowing him to assess the adequacy of the Platform and Services to his needs and to take all the necessary precautions for its use. No advice or information, whether oral or written, obtained by the User during the use of the Platform and the Services are likely to create guarantees not expressly provided for in the GCU or to entail the liability of METAFLIGHT in the event of damages, of any nature whatsoever, caused to the User or to third parties because of the User’s misuse of the Platform and/or the Services, in violation of the stipulations of this article and more generally of the non-compliance with the GCU.
The User is the sole master of the proper use, with discernment and spirit, of the Platform. The User is responsible for any damage occurring to his computer system, the Platform and/or its content, as well as the loss of data that may result from his use of the Platform. As such, the User is responsible for the implementation of anti-virus and other security measures of his computer system.
METAFLIGHT is only liable for direct damage that may be caused to the User because of the improper performance and/or non-performance of its obligations under the GCU, within the limits of the rules specified in the general conditions of sale of the Platform in the case of Users benefiting from a Subscription. Under no circumstances can METAFLIGHT be held liable for any indirect damage, of any nature whatsoever, suffered by the User.
The User acknowledges that METAFLIGHT remains free to correct and/or modify the Platform at any time and without notice, without this correction and/or modification being able to give rise to any right to any recourse on his part.
METAFLIGHT cannot be held liable, in general, in all cases where the non-performance or poor execution of the GCU results from a case of force majeure or fortuitous event beyond its control.
INTELLECTUAL PROPERTY
The Platform and all the contents present on the Platform, published by METAFLIGHT (the “Protected Elements“) are protected by intellectual property rights (such as in particular all copyrights, patent rights, trademarks, rights of database producers, and any other existing or future intellectual property rights, French and international) and belong to METAFLIGHT or to third parties who have authorized METAFLIGHT to exploit them.
The use of the Platform does not in any way confer on the User a property right and/or an intellectual property right over the Protected Elements, except for a personal right of access, non-exclusive and limited exclusively to the use of the Platform in accordance with its purpose and in compliance with the GCU.
The User is prohibited from representing, reproducing and/or exploiting the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of METAFLIGHT. The User undertakes not to copy, modify, assemble, decompile, alter, sell, rent, lend, distribute, distribute, or transfer all or part of the Platform, create derivative works from the Platform, authorize a third party to commit such acts, without the prior written consent of METAFLIGHT.
Failure to comply with the provisions of this article constitutes a violation of the intellectual property rights of METAFLIGHT and/or third-party licensors and may result in civil and criminal proceedings.
It is specified that METAFLIGHT does not guarantee that the products will always be made available as they are presented on the Platform, but that it reserves the right to modify the appearance of the products purchased, compared to the visual presented.
- PROTECTION OF PERSONAL DATA
METAFLIGHT is concerned about the protection of the Personal Data of the Users of the Platform and undertakes to protect them in accordance with the applicable regulations and in particular Regulation (EU) No. 2016/679 of 27 April 2016 known as the “General Data Protection Regulation” or “GDPR” and Law No. 78-17 of 6 January 1978 as amended, known as the “Data Protection Act” as amended. To learn more about the rules for the protection of Personal Data, the User is invited to consult METAFLIGHT’s privacy policy, available at the following address: https://metaflight.aero/privacy-policy/.
- DURATION – TERMINATION
Duration
The GCU come into force from their acceptance by the User and for the entire duration of use of the Platform by the User. The User is free to deactivate his/her Account at any time, by clicking on the “Deactivate my Account” button available on his/her Account, subject to the stipulations of the general conditions of sale.
Termination
In the event of use of the Platform by the User not in accordance with the GCU, in the event of the User’s breach of the GCU, or more generally in the event of a violation of applicable laws and regulations, METAFLIGHT may automatically terminate, without prior notice, without notice or compensation, all or part of the User’s access to the Platform. METAFLIGHT may terminate without prejudice to all other rights, actions, and remedies that METAFLIGHT may have for compensation for any damage it may have suffered because of such breaches.
Consequences of termination
Upon termination or termination of the GCU for any reason whatsoever, the User’s Account will be deactivated immediately and automatically.
METAFLIGHT will return within a reasonable time to the User who requests it within ten (10) calendar days following the termination of the GCU, all Personal Data in a format readable by current software on the market. Beyond the aforementioned ten (10) days, METAFLIGHT will delete the Personal Data, excluding a copy that METAFLIGHT may archive for evidentiary purposes for the establishment, exercise, or defense of a legal claim. The User’s Personal Data will be archived under the conditions set out in METAFLIGHT’s privacy policy.
- APPLICABLE LAW AND JURISDICTION
The GCU are executed and interpreted in accordance with French law.
The parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation, or execution of the GCU. In case of persistent disagreement, the dispute will be brought to the attention of the competent courts.
- CONTACT
For any information concerning the GCU, the User has the possibility to contact METAFLIGHT by completing the contact form available on the Platform.
