TAILWIND TERMS OF USE

Welcome to Tailwind – we’re glad you’re here and hope you enjoy your app, but please follow the rules.

1. Accepting These Terms 

This document and the other documents that we reference below make up our rules, officially known as our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Integrated Informatics, Inc. We’ll just refer to Integrated Informatics, Inc. and all of its subsidiaries collectively as “Integrated Informatics” together with “we”, “us”, and “our”. 

This contract sets out your rights and responsibilities when you use Tailwind mobile apps (the “Apps”), the Tailwind public Application Program Interface (the “API”) and the other Tailwind services provided by Integrated Informatics (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. 

2. Other Documents

Tailwind is an Electronic Flight Bag application to assist pilots with navigation and essential flight calculations for both Android and iOS platforms.

Rules for Everyone: 

If you use any of our Services, you agree to these Terms.

3. Your Content

Content/data that you save to the device within the app database using our Services is your content (we’ll refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services.

Responsibility for Your Content

You are solely responsible for Your Content and its accuracy. 

4. Use of Our Services

License to Use Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and in particular, the following restrictions: 

Unlawful Use 

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, you may not sell anything that violates any laws, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Integrated Informatics, another Tailwind user, or a third party.

Fees and Payments 

You are responsible for paying all fees that you owe to Integrated Informatics.

Our Intellectual Property 

You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. 

 

Harmful Use of Our Systems 

You agree not to interfere with or try to disrupt or harm our Services in any manner, such as distributing a virus or other harmful computer code. 

 

Sharing Your Ideas 

Any unsolicited ideas or other materials you submit to Integrated Informatics are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. 

Electronic Communications 

Use of our Services or sending emails to Integrated Informatics constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or our Services, satisfy any legal requirement that such communications be in writing. 

 

International Users 

Our Services are controlled, operated, and administered by Integrated Informatics from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Integrated Informatics content accessed through our Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Specifically, your legal rights and responsibilities to use of the Services are as follows: 

You are granted a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with these terms of use. As a condition of your use of the Services, you warrant to Integrated Informatics that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. 

All Content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software as part of the Services, is the property of Integrated Informatics, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyrights and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found within the Services. Integrated Informatics content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content; you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Integrated Informatics and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Integrated Informatics or our licensors, except as expressly authorized by these Terms. 

5. Links to Third Party Sites/Third Party Services

Our Services may provide links to other websites (“Linked Sites”). The Linked Sites are not under the control of Integrated Informatics, Inc. and Integrated Informatics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Integrated Informatics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Integrated Informatics of the site or any association with its operators.

The Tailwind application is a tool for flight planning purposes only.  Tailwind should not be used for pre-flight planning alone.  Tailwind data comes from third party sources that may be incomplete or incorrect. 

By using any of our Services, you hereby acknowledge and consent that Integrated Informatics may share such information and data with any third party with whom Integrated Informatics has a contractual relationship to provide the requested product, service or functionality on behalf of Tailwind users. 

6. Indemnification

You agree to indemnify, defend and hold harmless Integrated Informatics, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Integrated Informatics reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Integrated Informatics in asserting any available defenses. 

7. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms. 

Class Action Waiver 

Any arbitration under these Terms will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Integrated Informatics agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. 

8. Warranty and Limitation of Liability

The information, software, products, and services included in or available through our Services may include inaccuracies or typographic errors. Changes are periodically added to the information herein. Integrated Informatics and/or its suppliers may make improvements and/or changes in the Application at any time.

Integrated Informatics and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics of the Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Integrated Informatics and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Integrated Informatics and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Integrated Informatics or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue using the site. 

9. Termination/Access Restriction

Integrated Informatics reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Integrated Informatics, Inc. as a result of this agreement or use of the Services. Integrated Informatics’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Integrated Informatics’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Integrated Informatics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Integrated Informatics with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Integrated Informatics with respect to the Services. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

10. Terms of Use Changes

Integrated Informatics reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. Integrated Informatics. encourages you to periodically review the Terms to stay informed of our updates.

11. Contact Information

Integrated Informatics welcomes your questions or comments regarding the Terms: 

Integrated Informatics, Inc. 

405 Oxford Street 

Houston, Texas 77007-2639 

tailwind@integrated-informatics.com