CARTOLAKE LLC TERMS OF USE AND END USER LICENSE AGREEMENT
Last revised September 2026
This CartoLake, LLC Terms of Use and End User License Agreement (“EULA” or the "Agreement") is a binding contract between you (an individual user or single legal entity) and CartoLake LLC and its affiliates (“CartoLake,” “we,” or “us”) governing your use of the FlightBagX website found at flightbagx.com and any other website made available by us (in each case, including subdomains) (the “Websites”), any application programming interfaces made available by us (“APIs”), any mobile application referencing this EULA (each, an “App”), along with any related websites, networks, or other services provided by us including, but not limited to any Websites, APIs, and Apps are, collectively, the “Service”, and any hardware manufactured, distributed, or sold by CartoLake ("Hardware"). BY INSTALLING ANY OF THE APPs, APIs OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY, AND LIMITATION OF LIABILITY PROVISIONS BELOW. IF YOU ARE USING THE SERVICE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, THEN YOU REPRESENT AND WARRANT THAT YOU: (A) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND THAT ENTITY TO THIS EULA; AND (B) AGREE TO BE BOUND BY THIS EULA ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT INSTALL ANY OF THE APPs, APIs OR OTHERWISE ACCESS OR USE ANY OF THE WEBSITES OR SERVICE.
To have a physical copy of this EULA and our Privacy Policy, available at https://www.flightbagx.com/privacy-policy/ (“Privacy Policy”), sent to you, contact us at the applicable contact information listed in Section 35.
1. Summary of Material Terms
As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
a. the APIs and each App that you acquire rights to is licensed, not sold to you, and that you may use the APIs and Apps only as set forth in this EULA;
b. the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
c. you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy, which is hereby incorporated herein by reference;
d. the Service is provided “as is” without warranties of any kind, and CartoLake’s liability to you is limited;
e. the Service may require access to the following services on your mobile devices: GPS for location data; user notifications for push notifications, alerts, and icon badging.
f. if you are using the App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” in Section 33.
2. Service Overview
The Service includes various aviation-related services. Through our FlightBagX-branded service offerings, the Service may include web- or mobile-app based flight planning and electronic flight bag tools to allow individual pilots and professional flight crews to plan and file flight plans, access pre-flight and in-flight weather, download and view electronic charts and maps, manage flight publications and documents, log flight time, and other functionality (the “FlightBagX Functionality”).
3. Eligibility
You must be at least 18 years of age to use the Service. By agreeing to this EULA, you represent and warrant to us that you are at least 18 years of age, competent, and legally entitled to enter into this EULA, and you have not previously been suspended or removed from the Service. CartoLake may terminate, or deny access to and use of, the Service, or any portion thereof, to any individual or entity for any reason, in CartoLake’s sole discretion. CartoLake also reserves the right to bring legal action against any individual or entity for any loss or damage that it may suffer as a result of violation of the terms of this EULA.
4. Permitted Uses and Restrictions
a. License Grant to You. The Service is licensed, not sold, to you by CartoLake for use only under the terms of this EULA, and CartoLake reserves all rights not expressly granted to you. The rights granted herein are limited to CartoLake’s and its licensors’ intellectual property rights in the Service and do not include any other patents or intellectual property rights. Subject to your complete and ongoing compliance with the terms and conditions of this EULA, CartoLake hereby grants you a limited, revocable, non-transferable, non-exclusive, and non-sublicensable license to: (i) install and use the App on compatible, authorized devices that you own or control, subject to any specified device limits applicable to the App (as further described in Section 4.b or any limits specified when you acquire the App from us); (ii) access and use the APIs, and send and receive calls from the APIs, in the manner described by any accompanying documentation; and (iii) access and use the Website; in each case solely for your own use or for the entity on whose behalf you are authorized to act. Title and intellectual property rights in and to any content displayed by or accessed through the Service belongs to CartoLake or its applicable licensor. That content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing that content. This EULA does not grant you any rights to use that content, and you may not copy, distribute, transmit, publish, sell, transfer, create derivative works of, or otherwise exploit any such content.
b. FlightBagX Functionality Subscription Terms; Device Limitations
i. Individual Subscriptions. If you acquire a subscription to use a portion of the Service related to the FlightBagX Functionality pursuant to an individual subscription plan (an “Individual Subscription”), except as may otherwise be expressly stated in the purchase terms applicable to your purchase of that Individual Subscription, that Individual Subscription provides you the right to use the applicable portion of the Service for one year from the date of purchase on one iPad, one iPhone, or one iPod Touch that you own or control. An Individual Subscription also allows the subscriber to use the applicable portion of the Service on an additional iPad only as a back-up device. All devices associated with an Individual Subscription are solely for use by the same individual. If you have an Individual Subscription and share your username and password with a friend or other person, your account may be locked out.
ii. Limitations. You may not modify, alter, reproduce, or distribute any portion of the Service. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. You may not share your password or any other login credentials with any other person or publicly disclose it. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in this EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
iii. Applicability to Updates. This EULA will govern any updates provided to you by CartoLake that replace or supplement the App, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
5. Fees; Payment Terms
Access to the FlightBagX Functionality, certain premium features of the FlightBagX Functionality, or other aspects of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars, are non-refundable, and shall be paid by you immediately when due. Fee information displayed through the Service is subject to change, and CartoLake may increase or decrease fees as it deems necessary. If CartoLake changes the fees for the Service, including by adding additional fees or charges, CartoLake will provide you advance notice of those changes. If you do not accept the changes, CartoLake may discontinue providing the Service to you. CartoLake will charge the payment method you specify at the time of purchase. As a user of the Service, you agree that you shall, as a condition to using the Service, provide a valid credit card or other authorized payment method to use the Service. You authorize CartoLake to charge all sums as described in this EULA, for the Service you select, to that payment method. If you pay any fees with a credit card, CartoLake may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. The Service may include functionality for activating, updating, or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Service, you authorize CartoLake to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to 7 business days for the update or cancellation to take effect. Your selection to confirm any online payment via the Service is your electronic signature and you agree that (i) this signature is the legal equivalent of your wet or manual signature and (ii) this transaction is equivalent to an in-person transaction where your payment method is physically present. Except as expressly stated in this EULA, CartoLake has no obligation to provide refunds or credits, but may grant them, in each case in CartoLake’s sole discretion.
6. Accounts and Registration
To access most features of the Service, you may need to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You may not allow any other person or entity to access or use your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at the applicable contact information in Section 35.
7. Transfer
You may not rent, lease, lend, or sublicense the Service. All components of the App are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. If an App update completely replaces (full install) a previously licensed version of the App, you may not use both versions of the App at the same time nor may you transfer them separately.
8. Consent to Use of Data
You agree that CartoLake may collect and use technical and related information, including but not limited to technical information about your iOS device (including device UUID), computer, your physical location, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. CartoLake may use this information, as long as it is in a form that does not personally identify you, for analytics purposes (including aggregated and anonymized analytics), to improve our products and the Service, or to provide services or technologies to you.
9. User Contributions
a. User Content Generally. Certain features of the Service may permit users to upload content to the Service, such as reviews, comments, fuel prices, aircraft information, and other content (“User Content”) and to publish User Content on the Service. Subject to the limited license below, you retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service. CartoLake reserves the right to remove any User Content for any reason or no reason at all. CartoLake does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of User Content.
b. Limited License Grant to CartoLake. By posting or publishing User Content, you hereby grant CartoLake a worldwide, fully paid, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, host, store, transfer, perform, and display your User Content, in whole or in part, in any and all media or distribution methods (now known or later developed.) in connection with the Service. CartoLake may use User Content in an aggregated manner or for analytics purposes, but not in a manner that specifically identifies you. You also grant CartoLake and sub-licensees the right to use the first part of your account email address (excluding the domain) to identify you in connection with your User Content.
c. Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by this EULA and the functionality of the Service.
d. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize CartoLake and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by CartoLake, the Service, and this EULA. You represent and warrant that any User Content you submit to CartoLake does not infringe or violate any copyright, trademark or other intellectual property rights of any third party, including any rights of privacy or publicity. You shall be solely responsible for keeping a duplicate copy of all User Content, and you acknowledge that CartoLake accepts no responsibility or liability for the loss of your User Content.
10. Prohibited Conduct
By using the Service, you agree not to:
a. use the Service for any illegal purpose or in violation of any local, state, national, or international law or in a manner that causes CartoLake to violate any law or regulation;
b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
c. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, misleading, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
d. interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content;
e. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
f. perform any fraudulent activity including impersonating any person or entity, using a false e-mail address, claiming a false affiliation, accessing any other account on the Service without permission, misleading as to the origin of User Content, or falsifying your age or date of birth;
g. sell or otherwise transfer the access granted under this EULA or any Materials (as defined below) or any right or ability to view, access, or use any Material; or
h. attempt to do any of the acts described in this Section 10, or assist or permit any person in engaging in any of the acts described in this Section 10.
11. Responsibility of Users
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. CartoLake may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this EULA, any CartoLake policy, or is otherwise harmful or objectionable. By operating the Service, CartoLake does not represent or imply that it endorses the material on the Service, or that it believes that material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The User Content could contain content that violate the terms of this EULA. For example, the User Content could contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. User Content could also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CartoLake disclaims any responsibility for and any liability in connection with any harm resulting from the use of User Content, or from any downloading by users of User Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against CartoLake with respect to User Content.
12. Third Party Services, Third Party Fees, and Linked Websites
a. Access to Third Party Services. The Service may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services (collectively, “Third Party Services”).
b. No Control Over Third Party Services. CartoLake does not have or maintain any control over Third Party Services, and is not and cannot be responsible for their content, operation, or use. By linking or otherwise displaying information from or providing access to any Third Party Services, CartoLake does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third Party Services.
c. Terms of Third Party Services. Third Party Services may have their own terms of use and privacy policy, and may have different practices and requirements to those operated by CartoLake with respect to the Service. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third Party Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any Third Party Services.
d. Disclaimer of Liability for Third Party Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Services. CartoLake disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against CartoLake with respect to the content or operation of any Third Party Services.
e. Third Party Fees. Your use of the Service may incur third party fees, such as fees charged by your Carrier for data usage, and may be subject to third party terms, such as your Carrier’s terms of service, and you agree to pay all of those fees and abide by all of those terms. You are solely responsible for all of those fees incurred by you for use of the Service.
13. Ownership; Proprietary Rights
a. CartoLake Materials. The Service is owned and operated by CartoLake. The Service is licensed, not sold, and you agree not to use the Service and Materials except in their intended manner in accordance with the terms of this EULA. CartoLake retains all rights, title, and interest in the copyrights, patents, trade secrets, trademarks, and other intellectual property pertaining to the Service and all visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by CartoLake. The Materials included in the Service are the property of CartoLake or our third party licensors. This includes the mark “FlightBagX” and corresponding logo, each of which are trademarks of CartoLake. Except as expressly authorized by CartoLake, you may not make use of the Materials. CartoLake reserves all rights to the Materials not granted expressly in this EULA.
b. Customer Name and Logos. CartoLake may include your company, entity or organization’s name, logo and/or a summary description of your and your company, entity or organization’s use of the Service in CartoLake’s marketing materials, including on its website and in press releases and sales presentations.
14. Data Sync Services
Certain features of the Service may allow automatic syncing of data between your authorized devices. To accomplish data syncing, information is sent from your device to a hosted data service. Use of that feature requires compatible devices and Internet access, may require periodic updates, and may be affected by the performance of these factors. CartoLake reserves the right to limit the number of accounts that may be created from a device and the number of devices associated with an account, including the limits specified in Section 4.b. High-speed Internet access is strongly recommended for use. You agree that meeting these requirements, which may change from time to time, is your responsibility.
15. Use of Location-based Data
The Service may include certain features or services that rely upon device-based location information, which use GPS and other location identification systems. To provide those features or services, where available, CartoLake may collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your account and any devices registered thereunder, as further described in the Privacy Policy. You hereby agree and consent to CartoLake’s collection, use, transmission, processing, and maintenance of that location and account data to provide and improve those features or services.
16. Digital Millennium Copyright Act
a. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
CartoLake, LLC
ATTN: Legal
121 Cassidy Point Drive
Suite LL2
Portland, ME 04102
Email: legal@cartolake.com
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
ii. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
iii. a description of the material that you claim is infringing and where it is located on the Service;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
vi. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
b. Repeat Infringers. CartoLake will promptly terminate without notice the accounts of users that are determined by CartoLake to be Repeat Infringers. A “Repeat Infringer” is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
17. Pricing and Product Availability
To the extent that products or prices, e.g. fuel prices, offered by third parties may be displayed within the Service, that content is by its nature subject to change without notice by the applicable third party, and is neither independently confirmed by CartoLake nor guaranteed to be accurate or current.
18. Termination; Discontinuation and Modification of the Service
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from CartoLake if you fail to comply with any term(s) of this EULA. In addition, CartoLake may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. You may terminate your account at any time by contacting customer service at the applicable contact information in Section 35. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. Upon the termination of this EULA, you will cease all use of the Service and destroy all copies, full or partial, of the App. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
19. Privacy Policy
Your use of the Service is subject to the privacy policy which is hereby incorporated by reference into this EULA. By using the Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
20. Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as separate end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service, subject to Section 30. All Additional Terms are incorporated by this reference into, and made a part of, this EULA.
21. Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant CartoLake an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
22. Indemnification
You are responsible for your use of the Service and you will indemnify, defend and hold harmless the officers, directors, shareholders, employees, subcontractors, consultants, affiliates, subsidiaries, suppliers, agents, and assignees of CartoLake and its licensors (including suppliers of data) (together, the “CartoLake Entities”) from and against any and all liabilities (including claims by third parties), obligations, losses, claims, damages, costs, charges, and other expenses of any kind (including, without limitation, reasonable attorneys’ fees and legal expenses) that arise out of or relate to (a) your violation of any portion of this EULA, any representation, warranty, or agreement referenced in this EULA, or any applicable law or regulation; (b) your access to, utilization of, or alleged use of the Service; (c) other property, or privacy right; or (d) any dispute or issue between you and any third party. CartoLake may participate in the defense and settlement of any claim for which it is entitled to indemnification hereunder, using attorneys selected by CartoLake, at your expense.
23. Disclaimers; No Warranty; Other Limitations
YOU HEREBY WAIVE, RELEASE, AND RENOUNCE ALL WARRANTIES, OBLIGATIONS, AND LIABILITIES OF CARTOLAKE AND ALL OTHER RIGHTS, CLAIMS, AND REMEDIES AGAINST CARTOLAKE, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO CARTOLAKE SYSTEMS, ELECTRONIC ACCESS, ACCESS CONTROLS, THE SERVICE, ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, OR OTHER THINGS PROVIDED PURSUANT TO THIS AGREEMENT. CARTOLAKE SYSTEMS, ELECTRONIC ACCESS, ACCESS CONTROLS, THE SERVICE, ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, OR OTHER THINGS PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND THE CARTOLAKE ENTITIES MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU (AND YOUR SUBSIDIARIES AND AFFILIATES, IF ANY) HEREBY WAIVE, RELEASE, AND RENOUNCE ALL WARRANTIES, OBLIGATIONS, AND LIABILITIES OF CARTOLAKE AND ALL OTHER RIGHTS, CLAIMS, AND REMEDIES AGAINST CARTOLAKE, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO CARTOLAKE SYSTEMS, ELECTRONIC ACCESS, ACCESS CONTROLS, THE SERVICE, ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, OR OTHER THINGS PROVIDED PURSUANT TO THIS AGREEMENT, EVEN IF CARTOLAKE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES, INCLUDING WITHOUT LIMITATION:
(A) ANY IMPLIED WARRANTY AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS;
(B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE;
(C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY ARISING IN STRICT LIABILITY OR IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CARTOLAKE; AND
(D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY FOR LOSS OF OR DAMAGE TO ANY PROPERTY BELONGING TO YOU OR YOUR PERSONNEL.
THE CARTOLAKE ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO CARTOLAKE SYSTEMS, ELECTRONIC ACCESS, ACCESS CONTROLS, THE SERVICE, ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, OR OTHER THINGS PROVIDED PURSUANT TO THIS AGREEMENT. THE CARTOLAKE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE SERVICE SHALL BE TO REQUEST THAT CARTOLAKE CORRECT THE MATTER OR, IF CARTOLAKE FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE SERVICE.
CARTOLAKE USES AVAILABLE THIRD PARTY DATA TO CREATE GRAPHICAL FILES (INCLUDING TFRs - TEMPORARY FLIGHT RESTRICTIONS), BUT CARTOLAKE DOES NOT GUARANTEE THAT THE ORIGINAL SOURCES (INCLUDING THE FAA) HAVE PROVIDED DATA THAT IS ACCURATE, COMPLETE, TIMELY, OR PROPERLY FORMATTED FOR DISPLAY. USERS SHOULD ALWAYS CONTACT OFFICIAL SOURCES FOR THE MOST ACCURATE AND TIMELY UPDATES.
THE SERVICE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CartoLake ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS EULA. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
24. Limitation of Liability
THE CARTOLAKE ENTITIES SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CARTOLAKE), OR OTHERWISE, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOSS OR DAMAGES RESULTING FROM REPRODUCTION OR RECOVERY OF DATA OR INFORMATION WHICH IS LOST, CORRUPTED, OR DAMAGED IN ANY OTHER MANNER, WHETHER IN WHOLE OR IN PART, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, GENERAL, OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS PROVISION SHALL SURVIVE TERMINATION OR CANCELLATION OF THIS AGREEMENT.
25. Third Party Disputes
CARTOLAKE IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE CARTOLAKE (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES.
26. Export Control
The user hereby understands and agrees that use of any CartoLake software, data, documentation or other materials, including CartoLake’s Website, APIs, and Apps (hereinafter, “CartoLake Materials”), including transferring, posting, or uploading data or other content via the Website, APIs, and Apps, shall be in compliance with all applicable U.S. export and import statutes and regulations including the International Traffic In Arms Regulations (“ITAR”) the U.S. Department of State and the Export Administration Regulations (“EAR”) of the U.S. Department of Commerce (hereinafter, the “Export Control Laws”). Further, use of CartoLake Materials may not be directly or indirectly exported or re-exported (a) into any U.S. sanctioned or embargoed countries; or (b) to anyone on the U.S. Department of the Treasury list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. User represents and warrants that user is not located in any such country or on any such List. Further, user agrees that it will not upload data or software subject to the ITAR or otherwise requiring a license or other authorization pursuant to the Export Control Laws to the user’s account without prior approval from CartoLake. The provisions of this Article 26 shall survive termination of the relationship between user and CartoLake. Violation of its provisions shall be determined at the sole discretion of CartoLake and serve as the basis for immediate termination of the relationship with the user.
27. Government End Users
The App and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
28. Controlling Law
This EULA is governed by and construed in accordance with the laws of the State of Maine, without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. This EULA is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If a lawsuit or court proceeding is permitted under this EULA, then you and CartoLake agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Cumberland County, Maine for the purpose of litigating any dispute. YOU AND CARTOLAKE HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY PROCEEDING IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH OR ARISING OUT OF THIS EULA AND ANY PROCEEDING IN ANY COURT WITH RESPECT TO THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT OF THIS EULA, WHETHER PURPORTING TO BE AT LAW OR IN EQUITY, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. We operate the Service from our offices in Maine, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
29. CLASS ACTION WAIVER
WHERE PERMITTED BY APPLICABLE LAW, YOU AND CARTOLAKE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and CartoLake agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
30. Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in this EULA or our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. You agree that CartoLake may send periodic email newsletters to email addresses used to subscribe to the Service or otherwise register with CartoLake in connection with the Service. To be excluded from these mailings, send an email to the applicable email address in Section 35 indicating the email address you want removed.
31. Modification of this EULA
We reserve the right, at our discretion, to change this EULA on a going-forward basis at any time. Please check this EULA periodically for changes. If a change to this EULA materially modifies your rights or obligations, you will be required to accept the modified EULA in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified EULA. Immaterial modifications are effective upon publication. Disputes arising under this EULA will be resolved in accordance with the version of this EULA that was in effect at the time the dispute arose.
32. General
This EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference into this EULA, are the entire and exclusive agreement between you and CartoLake with respect to the use of the Service and all prior or contemporaneous understandings regarding that subject matter. Except as expressly permitted above, this EULA may be amended only by a written agreement signed by authorized representatives of you and CartoLake. Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA will govern. You may not assign or transfer this EULA or your rights under this EULA, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this EULA at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this EULA, or any provision of this EULA, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of any provision. NOTHING IN THIS EULA WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any part of this EULA is held to be invalid or unenforceable, the validity, legality, and enforceability of the remaining provisions will remain in full force and effect. Upon termination of this EULA, Sections 1, 2, and 5 through 35, along with the Privacy Policy and any other accompanying agreements, will survive.
33. Notice Regarding Apple
If you are using our mobile applications on an iOS device, the terms of this Section 33 apply. You acknowledge that this EULA is between you and CartoLake only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of Section 33 of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 33 of this EULA against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
34. Third Party Acknowledgements
Portions of the App may utilize or include third party software and other copyrighted material (“Third Party Software”) provided under separate license terms (the “Third Party Terms”). Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software. Acknowledgements and the applicable license texts for that software are available within the App on the Open Source Licenses (Acknowledgements) screen, accessible under Settings > About, and your use of that software is governed by their respective terms.
35. Contact Information
CartoLake, LLC
ATTN: Legal
121 Cassidy Point Drive
Suite LL2
Portland, ME 04102
Email: legal@cartolake.com