1. General
AeroPager® service (hereinafter as “service”, “AeroPager”, “AeroPager”, “we”, “us” or “our”, registration of individual entrepreneur I.A. Babchenko OGRNIP 305263533500089, registered at the Russian Federation, Stavropol, pr. Kulakova 51) provides real-time air traffic tracking, a register of airports, airlines and aircraft, live broadcasts and archives of ATC negotiations with aircraft crews. The Service may be accessed through the website (currently aeropager.ru, airpager.net, hereinafter “website”), AeroPager mobile applications, API, Paid Services or other methods provided as part of the AeroPager services (“Services”).
The AeroPager® trademark is registered by the Federal Service for Intellectual Property (certificate No. 1019656 dated May 7, 2024) and is protected by the laws of the Russian Federation in accordance with the established procedure.
This User Agreement (hereinafter as the “Agreement”, “Terms”) establishes legally binding terms governing any use of the Services (as defined below) provided by IP Babchenko I.A. By using the Services, you acknowledge your understanding and agreement to these Terms and the Privacy Policy. Any use of the Service is subject to these Terms. We may revise this Agreement from time to time. Your continued use of the Services following the posting of any changes will constitute your acceptance of those changes.
Please read this User Agreement carefully before using the Services. If you do not agree to this Agreement, you may not use the Services.
2. Registration
Registered users of the Service may use certain additional services and features and access additional data. In addition, registration is a requirement to use any of our Paid Services (as defined below). When registering, you will be asked to provide your email address, login and password. If you register to subscribe to any of our Paid Services, you will also be required to provide your first name, last name and country of residence. If you are registering for Business Services (as defined below), you are also required to provide your business name as well as your address, Taxpayer Identification Number (TIN), and PSRN. You are responsible for providing accurate and correct registration information, and we are not responsible for any errors, inaccuracies or omissions in such information or the service resulting from any information you provide. By becoming a registered user of our Services, you will also be asked to consent to the processing of your personal data in accordance with our Privacy Policy.
If you are an individual, you must be over 16 years of age to register for an account for the Services.
Once you complete the registration process, you will receive a confirmation email containing the information you selected to the email address you provided.
This license will automatically terminate if you violate any of these restrictions and may be terminated by AeroPager at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. User account security
Each user is personally responsible for all activities and transactions that occur through his/her account. You are responsible for maintaining the confidentiality of your password and must ensure that you properly exit from your account at the end of each session. You agree to notify AeroPager immediately if you suspect any unauthorized use of your account or access to your password or account.
If you would like to deactivate your account, please contact us at support@aeropager.ru.
4. Third Party Services
The Services are integrated with certain third party applications, websites and services (“Third Party Services”) to provide you with access to content, products and/or services. These Third Party Services may have their own Terms of Use and Privacy Policies, and your use of these Third Party Services will be subject to their own Terms and Conditions and their Privacy Policies. You understand and agree that AeroPager does not endorse and is not responsible for the conduct, functionality or content of any Third Party Services, or for any transaction you may enter into with the provider of any such Third Party Services.
5. License
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable
right to access and use the Services. Except as otherwise provided in this Agreement, this
right
is granted for your personal, non-commercial use only.
Permission is granted to temporarily download one copy of the materials (information or
software) on the Services for personal, non-commercial transitory viewing only. This is the
grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy materials;
- Use the materials for any commercial purpose or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained in the Services;
- Remove any copyright or other proprietary notations from the materials;
- Transfer materials to another person or “mirror” materials on any other server.
This license and your right to access the Services automatically terminate if you violate any provision of these Terms. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
6. Paid services
At the time of publication of the current Agreement, Paid Services are not provided. However, with the expansion of the functionality of the Service, they may appear, which will be reflected in the next editions of the Agreement.
7. Payment
Paid services can be purchased on the Website or through so-called in-app purchases. Except for certain in-app purchases as described above, Paid Services are billed as a monthly or annual subscription fee in accordance with the applicable price list from time to time, which is available on the Website or mobile applications. You can pay using any of the payment methods we offer on the Website or one of our mobile applications. If any payment is not made when due, your subscription to the Paid Services will be automatically and immediately terminated.
AeroPager may change prices for Paid Services from time to time and will notify you of any such price changes by email or through information posted on our Website. Price changes for Paid Services will take effect from the next subscription period (one or twelve months, see above) after notification of the price change. As required by law, you accept the new price by continuing to use the Paid Services after the price change takes effect. If you do not agree to a price change, you have the right to reject the change by discontinuing your Paid Services before the price change takes effect. Therefore, please read any such price change notice carefully.
8. Trademarks and Intellectual Property Rights
Ownership and all intellectual property rights in the Services or any content in the Services, including, without limitation, patents, design rights, copyrights, trademarks, trade secrets and proprietary know-how, belong to us or our licensors, and nothing in these Terms shall not be construed as transferring such rights from us to you. You have the exclusive right to a limited license to the Services specifically granted under these Terms.
In particular, the trademark “AeroPager” and all trademarks displayed on the Services are the property of us or our licensors and are protected by applicable law. The use of these trademarks is strictly prohibited.
9. Data collection and transmission
Any user can apply to participate in the provision of AeroPager data. Any user interested in participating can apply by following the steps outlined in the How to Become a Broadcaster section. If you already have a receiver, you can simply follow the steps in the How to Become a Broadcaster section.
Installation of the ADS-B receiver and all related equipment, collection and transmission of data to our server is offered voluntarily and free of charge by users. Users are free to participate in the network of receiving stations by installing an ADS-B receiver, collecting data and sending it to us. Users can stop sending this data whenever they wish.
Data transfer to us must be carried out in real time. It is strictly prohibited to send any delayed, altered, manipulated or fabricated data, unless otherwise expressly agreed in writing, as this may give an erroneous and misleading picture of the current position of aircraft.
Users who provide us with data automatically collected from aircraft transponders, voice receivers grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use for any purpose, reproduce, modify, adapt, publish, display, translate and distribute. Data (in whole or in part) and/or incorporate it into other works in any form, media or technology now known or hereafter developed.
In some cases, we can provide you with the necessary equipment so you can install an ADS-B receiver and send us data. In this case, you may be asked to sign an agreement with some additional terms and conditions.
10. Unauthorized use
You agree that you will not use or attempt to use any method, device, software or procedure to harm others or interfere with the operation of the Services, or use and/or monitor any information contained in or related to the Services with them for any unauthorized purpose. In particular, each user, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents or any other third party) to do any of the following:
- Use the Services or any data contained therein, or provide, link to, or otherwise make available any information on the Services that is unlawful, threatening, abusive, harassing, tortuous, libelous, vulgar, obscene, libelous, invasive of another's privacy hateful, harmful to minors, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity or otherwise misrepresent your affiliation;
- Manipulate, falsify or otherwise alter information or identifiers in such a way as to hide or disguise the origin of any information;
- Modify, reverse engineer, reverse engineer, decompile or hack any software applications or related tools or utilities used by the Services;
- Modify or delete information not provided by you, or interfere with the operation of the Services, including, but not limited to, distributing unsolicited advertising or email or distributing worms, viruses, or the like.
You also agree not to permit any other user of the Services to access, view, download or reproduce the materials for any use not authorized by us.
11. No Warranties
The Services and their content are provided “as is” and “as available.” We make no warranties, expressed or implied, and hereby disclaim all warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations regarding the accuracy, likely results, or reliability of the use of the content available through the Services and other services or otherwise relating to such content or on any sites linked to the Services.
We make no warranty that the pages, services, features, choices and content of the Service will be uninterrupted or error-free or that any errors or errors will be corrected. We do not warrant that the Services or the servers that make them available to users are free of viruses or other harmful components, although we make every effort to ensure that they are.
The Services and their content may contain technical, typographical, or photographic errors. We do not warrant that any of the materials on the Services are accurate, complete, or current. We may make changes to the materials contained in the Services at any time without notice. However, we make no commitment to update the materials.
The information provided regarding the location and identity of an aircraft, in particular, comes directly from aircraft, which transmit this information via publicly available radio frequencies in accordance with Automatic Dependent Surveillance Broadcast (ADS-B). The information collected and published may contain errors due to inherent radio communications limitations (e.g. limited coverage, interference, attenuation, extreme weather conditions, etc.), misconfiguration of on-board ADS-B devices, careless data, and due to other factors beyond AeroPager's control. The data is provided for entertainment and informational purposes only and is in no way related to air traffic safety.
Consequently, we cannot provide any guarantee and accept no liability for the correctness, reliability, completeness and accuracy of the information published, or for the suitability of its use for purposes other than infotainment.
12. Disclaimer
Unless caused by our gross negligence or intent, we will under no circumstances be liable for any loss or damage, direct or indirect (including, without limitation, damage due to loss of data or profit or due to business interruption), arising out of the Services or the use or inability to use the content of the Services, even if we have been advised of the possibility of such damage.
We cannot guarantee the security of any transmission of information through the Services. We do not accept any responsibility for the information contained in the Services. The Services may contain links to third party websites that are not under our control. We are not responsible for the content of and do not endorse third party sites linked to the Services. We have not reviewed the content on sites other than the Services and are not responsible for such content. We expressly disclaim liability for all statements made or implied regarding products, publications or sites that are not ours.
13. Changes to the Services
You acknowledge and agree that nothing in this Agreement constitutes a commitment to provide the Services as is or in accordance with any specifications. We may, in our sole discretion, make additions, deletions, modify or change the format and functionality of the Services from time to time.
You also acknowledge that we may be required to change, modify or reduce the scope of the Services in accordance with mandatory legislation or decisions of competent government authorities. If such limitation is applied to the Service in a manner that may affect or impair the Paid Services, AeroPager is not responsible and shall have no obligation to issue any full or partial refund of any payments made by you for any Paid Services.
14. Applicable law and claims
Any claims regarding the Services are governed by the laws of the Russian Federation.
All disputes arising out of or in connection with this Agreement are subject to final resolution in the courts of the Russian Federation.
User Agreement date: 10 March 2024.