We are Alon Dawe, trading as SkyTribe ("SkyTribe," "Company," "we," "us," "our"), an individual based in the Republic of Namibia at [REGISTERED ADDRESS, NAMIBIA]. References to "SkyTribe" in these Legal Terms include any successor entity to which the business may be transferred.
We operate the mobile application SkyTribe (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
SkyTribe is a mobile aviation community where pilots share runway condition observations at airports and airstrips worldwide, in the form of community-generated strip reports. Strip reports include runway condition ratings, text remarks, and photos.
You can contact us by email at [CONTACT EMAIL], or by mail to: Alon Dawe (trading as SkyTribe), [REGISTERED ADDRESS, NAMIBIA].
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Alon Dawe (trading as SkyTribe), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms and providing at least 30 days' notice of material changes via in-app notification or email. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 16 years old, reflecting the minimum solo flight age under most aviation authorities (FAA, EASA, NCAA of Namibia). Persons under the age of 16 are not permitted to use or register for the Services. In jurisdictions where the age of majority is 18 (including Namibia, South Africa, and India), users aged 16–17 require parental or guardian consent.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, app designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws and treaties in the Republic of Namibia and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "Prohibited activities" section below, we grant you a non-exclusive, non-transferable, revocable licence to access the Services solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [CONTACT EMAIL].
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "Prohibited activities" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Contributions: The Services invite you to create, submit, post, display, and publish content and materials, including but not limited to strip reports (runway condition ratings, remarks, and photos), comments, rogers (acknowledgements), and profile information ("Contributions"). Any content that is publicly posted shall be treated as a Contribution.
You understand that Contributions are viewable by other users of the Services.
When you post Contributions, you grant us a licence: By posting any Contributions, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, use, copy, reproduce, distribute, publish, store, publicly perform, publicly display, reformat, and excerpt (in whole or in part) your Contributions for any purpose related to operating and promoting the Services, including app store listings and promotional materials. This licence continues for as long as your Contributions remain on the platform and terminates when you delete your Contributions individually. If you delete your account, your published Contributions (strip reports, report images, comments, and rogers) are anonymised rather than deleted — your name is replaced with "Former Member," your profile photo is removed, and the content is retained as part of SkyTribe's community aviation database. The licence granted in this section continues to apply to such anonymised content, which is no longer attributable to you as an identifiable person.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you. You are solely responsible for your Contributions to the Services.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "Digital Millennium Copyright Act (DMCA) notice and policy" section below.
Airport data
Airport data displayed in the App is sourced from the OurAirports dataset, which is in the public domain. Map data is provided by Google Maps and is subject to Google's terms of service.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 16 years of age, and if you are 16 or 17 you have obtained any required parental or guardian consent; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are required to register to use the Services. You must provide a valid email address, your name, date of birth, and country. You agree to keep your password confidential and will be responsible for all use of your account and password. You are limited to one account per person. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You must notify SkyTribe immediately at [CONTACT EMAIL] if you become aware of any unauthorised access to or use of your account.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Post false, misleading, or fabricated runway condition information. This is treated as a serious safety violation and may result in immediate and permanent account termination.
Post strip reports or content not based on personal observation or verified information.
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Attempt to impersonate another user or person or use the username of another user.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Exceed technical limits (5 images per report, 5 MB per image, 1,000 characters per remark or comment).
Create multiple accounts or share account credentials with others.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
The Services invite you to create, submit, post, display, and publish content, including strip reports (runway condition ratings, text remarks, and photos), comments on strip reports, rogers (acknowledgements), and profile information ("Contributions"). Contributions are viewable by other users of the Services.
When you create or make available any Contributions, you thereby represent and warrant that:
Your Contributions are original to you or that you have the necessary rights and licences to submit such Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Contributions.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions (such as photos) to use the name or likeness of each and every such identifiable individual person.
Your Contributions are not false, inaccurate, or misleading. For strip reports specifically, you warrant that all runway condition information is accurate, truthful, and based on genuine personal observation or verified information.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, spam, or other forms of solicitation.
Your Contributions are not obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, use, copy, reproduce, distribute, publish, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Contributions for any purpose related to operating and promoting the Services, and to prepare derivative works of, or incorporate into other works, such Contributions, and to sublicense the licences granted in this section. The use and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name and any profile photo you provide.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Use licence
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices that you own or control, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms.
You shall not: (a) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (e) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (h) use the App to send automated queries to any website or to send any unsolicited commercial email; or (i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Where mandatory law (such as EU Directive 2009/24/EC on the legal protection of computer programs) grants you rights that cannot be contractually excluded, those rights are preserved.
Apple and Android devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you acknowledge that SkyTribe, not the App Distributor, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation; (5) in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, SkyTribe, not the App Distributor, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim; (6) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (7) you must comply with applicable third-party terms of agreement when using the App, including your wireless data service agreement; and (8) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.
Updates
We may release updates, patches, bug fixes, or new versions of the App from time to time. These may be delivered automatically via your device's app store or through over-the-air updates via our build infrastructure (Expo EAS). Some updates may be required for continued use of the App. This licence applies to all updates unless a separate licence accompanies the update.
THIS SECTION CONTAINS CRITICAL SAFETY INFORMATION. READ IT CAREFULLY.
ALL STRIP REPORTS, COMMENTS, AND OTHER CONTENT ON SKYTRIBE ARE USER-GENERATED COMMUNITY OBSERVATIONS. THEY ARE NOT OFFICIAL AERONAUTICAL INFORMATION AND MUST NOT BE TREATED AS SUCH.
SKYTRIBE DOES NOT REPLACE, AND IS NOT A SUBSTITUTE FOR: NOTAMs (Notices to Airmen / Notices to Air Missions), METARs, TAFs, or official weather briefings, Aeronautical Information Publications (AIPs), Official Runway Condition Reports (RCR/CRFI), any certified or authorised pre-flight briefing service, or any official communication from an aviation authority, air traffic control, or aerodrome operator.
PILOTS ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THEIR OWN PRE-FLIGHT PLANNING, IN-FLIGHT DECISION-MAKING, AND COMPLIANCE WITH ALL APPLICABLE AVIATION REGULATIONS, including but not limited to ICAO Annex 2 (Rules of the Air), national civil aviation authority regulations (FAA FARs, EASA rules, SACAA regulations, NCAA of Namibia regulations, and all other applicable authorities worldwide), aerodrome operating minima and procedures, and all applicable airworthiness, operational, and licensing requirements. No information on SkyTribe relieves any pilot of their regulatory obligations or professional duty of care.
Users acknowledge that: (a) runway conditions can change rapidly and without notice due to weather, maintenance, wildlife, or other factors; (b) strip reports reflect a moment in time and may not represent current conditions; (c) reports are submitted by community members of varying experience levels and have not been verified by SkyTribe or any aviation authority; and (d) photos may not accurately represent current conditions at the time of viewing.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYTRIBE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY FLIGHT OPERATIONS, AVIATION DECISIONS, INCIDENTS, ACCIDENTS, DAMAGE TO PROPERTY, PERSONAL INJURY, OR DEATH ARISING FROM OR RELATED TO RELIANCE ON ANY CONTENT POSTED ON THE PLATFORM. YOU USE SKYTRIBE CONTENT ENTIRELY AT YOUR OWN RISK.
The Services may contain links or references to third-party websites, services, or resources, including Google Maps, OurAirports, and the terms and privacy policies of our service providers. We do not endorse and are not responsible or liable for the availability, accuracy, content, products, or services of such third-party resources. You access third-party resources at your own risk. Your use of the App is also subject to the applicable terms of the Apple App Store or Google Play Store, depending on your device.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
Content flagging (squawks): Users may flag content they believe violates these Legal Terms or our Community Guidelines by submitting a squawk. Squawk categories include offensive content, spam or fraud, intellectual property infringement, inappropriate content, and other. Each user may submit one squawk per content item. We review all squawks and take appropriate action, which may include content removal, warnings, or account suspension or termination. Submitting false or abusive squawks may itself result in enforcement action.
Leaderboards and contribution tracking: The Services maintain public leaderboards that rank users by their contributions (strip reports, airport information, comments, rogers, airports created, and closures reported) across monthly and all-time periods. By contributing content, you acknowledge that your name, profile photo, and contribution counts may appear on public leaderboards visible to all authenticated users.
Usage limits: To ensure fair use and platform stability, certain actions are subject to rate limits and cooldowns. These include a 24-hour cooldown on report requests per airport and a limit on comments per report per hour. These limits may be adjusted at our discretion without notice.
Our data handling practices are described in our Privacy Policy, which is incorporated into these Legal Terms. By using the Services, you acknowledge that you have read and understood our Privacy Policy. Please be advised the Services are hosted in South Africa (Google Cloud africa-south1) with error monitoring in Germany (Sentry EU). If you access the Services from any other region of the world with laws governing personal data collection, use, or disclosure that differ from applicable laws in Namibia or South Africa, then through your continued use of the Services, you are transferring your data to those regions, and you expressly consent to have your data transferred to and processed in those regions.
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our copyright agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Your Notification must include: (1) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by the Notification, a representative list; (2) identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to permit us to locate the material; (3) your contact information (full name, mailing address, telephone number, and email address); (4) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; (5) a statement that the information in the Notification is accurate and, under penalty of perjury (for DMCA notices), that you are the owner, or authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed; and (6) your physical or electronic signature.
We will acknowledge receipt of your Notification within 5 business days and, if valid, remove or disable access to the infringing content promptly.
Counter notification
If you believe your content was removed by mistake or misidentification, you may submit a written counter notification to [COPYRIGHT EMAIL] containing: (1) identification of the material that has been removed and where it appeared before removal; (2) a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification; (3) your name, address, telephone number, and email address; (4) a statement consenting to the jurisdiction of the courts of your district (or, for users outside the United States, the courts of the Republic of Namibia); and (5) your physical or electronic signature.
We will forward your counter notification to the original complainant and restore the content within 10 business days unless the complainant notifies us that they have filed a court action.
Repeat infringers
We terminate the accounts of users who are repeat infringers (two or more valid takedown notices with no successful counter notification) or who demonstrate a pattern of posting infringing content.
EU Digital Services Act
For EU users and rights holders, this section also serves as our notice-and-action mechanism under the Digital Services Act (Regulation (EU) 2022/2065). We provide reasons for our decisions and inform affected users of available remedies, including the right to refer disputes to a certified out-of-court dispute settlement body.
Designated copyright agent
[DESIGNATED AGENT NAME], [COPYRIGHT EMAIL], [REGISTERED ADDRESS, NAMIBIA]. For US DMCA purposes, our designated agent information is registered (or will be registered) with the US Copyright Office.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
Posting false or fabricated runway condition information is treated as a serious safety violation and may result in immediate and permanent account termination without prior warning.
We may terminate your use of the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
You may delete your account at any time through the account settings in the App or by contacting [CONTACT EMAIL]. Upon receiving your request, we will verify your identity and process the deletion within 30 days. Upon account deletion, your profile, follow lists, notification tokens, and authentication credentials are permanently removed. Published content (strip reports, report images, comments, and rogers) is anonymised rather than deleted: your name is replaced with "Former Member," your profile photo is removed, and the anonymised content is retained as part of SkyTribe's community aviation database. Your internal user ID is retained server-side solely to maintain data integrity and is not publicly visible. See our Account Deletion Policy and Privacy Policy for full details.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
These Legal Terms are governed by and construed in accordance with the laws of the Republic of Namibia, without regard to its conflict of law provisions. Any disputes arising from or relating to these Legal Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of the Republic of Namibia, except as stated below.
For EU/EEA/UK users, nothing in these Legal Terms affects your rights under the General Data Protection Regulation (GDPR), UK GDPR, or mandatory local consumer protection law. You may bring claims in the courts of your country of residence as permitted by applicable law.
For users in all other jurisdictions, mandatory local consumer protection rights are preserved to the extent required by applicable law. Nothing in these Legal Terms limits any right that cannot be waived or restricted by contract under your local law.
Informal negotiation
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms ("Dispute"), the parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating formal proceedings. Such informal negotiations commence upon written notice from one party to the other via [CONTACT EMAIL].
Binding arbitration
If the parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the applicable rules of the jurisdiction of Namibia. The arbitrator's decision shall be binding and may be entered as a judgment in any court of competent jurisdiction.
The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public.
Exceptions
The parties agree that the following Disputes are not subject to binding arbitration: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, or unauthorised use; and (c) any claim for injunctive relief.
Users in jurisdictions that mandate specific dispute resolution procedures (such as mandatory mediation or arbitration under consumer protection law) may follow the procedures required by their local law.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY USER-GENERATED STRIP REPORTS, COMMENTS, OR OTHER MATERIALS, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES.
Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted by applicable law.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. AS THE APP IS CURRENTLY PROVIDED FREE OF CHARGE, THIS AMOUNT IS ZERO.
SKYTRIBE SHALL NOT BE LIABLE FOR ANY AVIATION INCIDENTS, ACCIDENTS, FLIGHT-RELATED EVENTS, OR DECISIONS MADE IN RELIANCE ON CONTENT POSTED ON THE PLATFORM.
Some jurisdictions do not allow the limitation of liability for certain damages. In those jurisdictions, the above limitations apply to the minimum extent permitted by applicable law. Nothing in these Legal Terms excludes or limits liability that cannot lawfully be excluded or limited.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any aviation decisions, flight operations, or actions taken by you or any third party that were influenced by, based on, or related to content available on the platform.
This indemnification obligation survives the termination of your account and these Legal Terms.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, in-app notification, or on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time, including in connection with a merger, acquisition, corporate reorganisation, or sale of assets. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control (force majeure). If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. These Legal Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
Entity transfer: SkyTribe is currently operated by Alon Dawe as an individual trading as SkyTribe. The business may in the future be transferred to a formally registered entity. In such event, these Legal Terms will be assigned to the successor entity, which will assume all rights and obligations hereunder. We will notify you of any such transfer. Your continued use of the Services following such notice constitutes your acceptance of the assignment.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Alon Dawe (trading as SkyTribe) [REGISTERED ADDRESS, NAMIBIA] [CONTACT EMAIL]