1. These Terms and Conditions of Use ("Terms of Use") govern all Uses of the "Flyte Zone" platform (including the Flyte Zone web applications and Flyte Zone mobile applications) (collectively, the "Application"), made available by Flyte Zone Proprietary Limited, a private company, with registration number: 2022/233841/07, being a company incorporated and carrying on business in accordance with the company laws of South Africa, an ("Flyte Zone"). The Terms of Use is a legal agreement between the user, including any third party that is provided access to the Application or data or information contained within the Application (collectively, "you" or the "User"), and Flyte Zone. Flyte Zone and the User are hereinafter referred to individually or collectively, as "Party" or "Parties".
   
   BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR OTHERWISE USING THE APPLICATION, YOU:
   
   
   (1)

   INVARIABLY AGREE TO THESE TERMS OF USE AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY IN WHICH CASE THE TERMS "YOU" OR "USER" WILL INCLUDE SUCH ENTITY, JOINTLY AND SEVERALLY WITH YOU PERSONALLY; AND
   
   
   
   (2)

   CONSENT TO FLYTE ZONE PROVIDING TO YOU, IN ELECTRONIC FORM ON THIS WEBSITE, THESE TERMS OF USE AND THE FLYTE ZONE PRIVACY NOTICE.
   
   
   THE TERMS OF USE ARE EFFECTIVE AS OF THE DATE YOU ACCEPT ("EFFECTIVE DATE"). IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THE APPLICATION OR ANY INFORMATION CONTAINED ON OR WITHIN THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR USE THE APPLICATION. IF THE APPLICATION WAS DOWNLOADED, DESTROY ALL COPIES OF THE APPLICATION.
   
   THE APPLICATION AND ANY INFORMATION PROVIDED IN CONNECTION WITH THE APPLICATION IS INTENDED FOR USE IN SOUTH AFRICAN DOMESTIC AIRSPACE ONLY.
   
   YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION DOES NOT IN ANY WAY REDUCE, REMOVE, EXEMPT OR LIMIT THE LIABILITY OF THE OWNER, OPERATOR OR PILOT OF AN REMOTELY PILOTED AIRCRAFT ("RPA") OR USER OF THE APPLICATION FROM:
   
   
   (1)

   COMPLIANCE WITH APPLICABLE LEGAL AND REGULATORY OBLIGATIONS AS AN OWNER, OPERATOR OR PILOT OF A RPA, INCLUDING PART 101 OF THE CIVIL AVIATION ACT REGULATIONS, NOTICES TO AIRMEN (NOTAMS) AND OFFICIALLY PUBLISHED AERONAUTICAL INFORMATION (SOUTH AFRICAN AERONAUTICAL INFORMATION PUBLICATION (AIP));
   
   
   (2)

   THE RESPONSIBILITY TO ENSURE THE SAFETY AND NAVIGATION OF YOUR RPA AND ALL RPA FLIGHTS TAKEN (WHETHER OR NOT WITH USE OF THE APPLICATION); AND
   
   
   (3)

   THE RESPONSIBILITY TO ENSURE THAT A VALID RPAS OPERATORS CERTIFICATE (ROC) AND/OR REMOTE PILOT LICENSE (RPL) CERTIFICATE ISSUED BY THE SOUTH AFRICAN CIVIL AVIATION AUTHORITY (SACAA), AS APPLICABLE, AND ANY OTHER REQUIRED PERMITS AND NECESSARY FLIGHT AND WEATHER INFORMATION ARE OBTAINED BEFORE PROCEEDING WITH ANY RPA FLIGHT.
2. Your use of the Application is at your sole risk. You are solely responsible for the safe and legal operation of any RPA operated by you or anyone provided access to your RPA or this Application, including anyone provided information contained within the Application, whether or not this Application is used in connection with any operation. It is your responsibility to exercise reasonable judgment when evaluating whether or not it is safe or legal to operate an RPA at a given time or place. The fact that the Application may report there is no flight restriction in effect or other hazard(s) present is not a guarantee that it is safe or legal to operate an RPA. The Application does not provide or contain any RPA detect and avoid capability, aircraft separation service or aircraft conflict resolution service or technology; it is only intended to help expedite and maintain a safe and orderly flow of RPA air traffic. The Application cannot, and will not, restrict or prevent the launch of any particular RPA operation for any reason, including any hazard or flight restriction. The User must independently evaluate and mitigate the risk of each RPA operation and comply with all messages provided by the Application.
3. Any and all airspace maps, airspace data and flight restrictions provided through the Application (a) may contain inaccuracies and are provided for informational purposes only, (b) do not constitute an official aeronautical source, (c) are not exhaustive and (d) may not be updated regularly or monitored for compliance. Even though the Application may designate a map area as open or free of flight restrictions, this does not mean that we recommend that area for RPA flight and we cannot guarantee that you may legally operate your RPA within that area. You are responsible for consulting with official sources and complying with all applicable local, provincial, federal and foreign laws (including minimum age requirements) regarding the use, operation, or piloting of RPAs.
4. The Application is not intended for use in, and you may not use the Application for, the operation of manned aircraft navigation or communication systems, air traffic control systems, or other equipment in which the failure of the Application could lead to death, personal injury, or severe physical or environmental damage.
5. By agreeing to these Terms of Use, you represent and warrant that you possess the legal right, capacity and ability to agree to these Terms of Use and use the Application in accordance with them. You further represent that you are at least 18 (eighteen) years of age. The Application is not intentionally designed for or directed at children under the age of 18 (eighteen) years of age. It is Flyte Zone’s policy never to knowingly collect or maintain information about anyone under the age of 18 (eighteen) years of age.
6. Any changes to or introduction of new features, tools or pricing added to the Application shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time within the Flyte Zone mobile and web applications. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to them anywhere within the Application. It is your responsibility to check the most current Terms of Use periodically for changes. Your continued Use of the Application following posting of any changes to the Terms of Use constitutes acceptance of such changes.
7. A breach or violation on any of the Terms of Use will result in an immediate termination of these Terms of Use and of your Right of Use to the Application.

The capitalized terms that follow have the following meanings ascribed to them, except where the context of a specific provision shows that the meaning is not applicable in that context:

1. "Act" means the Civil Aviation Act, No 13 of 2009;
2. "Affiliate" means any person or entity Controlling, Controlled by or under common control with Flyte Zone;
3. "Application" means the "Flyte Zone" platform, including the Flyte Zone web applications and Flyte Zone mobile applications, provided by Flyte Zone in any form – including know-how, upgrades, modified versions, updates, changes and additions – as well as the description of its operation and application that is provided by Flyte Zone, as well as associated media, printed documentation (online or offline), electronic documentation and online services, regardless of whether they are in the application or on other data media.
4. "Anonymized Data" has the meaning set out in Section 15.6;
5. "South African Domestic Airspace" means the airspace specified, and delineated as such, in the SA Topographical Aeronautical Edition and the World Aeronautical Chart ICAO, copies of which are available free of charge, in digital format from the Chief Director: National Geo-spatial information at http://www.ngi.gov.za/index.php/what-we-do/maps-and-geospatial-information/35-map-products;
6. "Control" means the power, direct or indirect, to direct or cause the direction of the management and policies of such entity whether by contract, ownership of shares, membership of the board of directors, agreement or otherwise and, in any event and without limitation of the foregoing, any entity owning more than 30% of the voting securities of a second entity shall be deemed to control that second entity, and the terms "Controlling" and "Controlled" shall have a corresponding meaning;
7. "Controlled Airspace" means airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification as prescribed in Regulation 172.02.2. In respect of South African Domestic Airspace, Controlled Airspace consists of Class A, Class B, Class C, Class D, Class F, and Class G airspace;
8. "Device" means each computer or device (fixed or mobile device) upon which the Application is installed and/or with which the User can Use or otherwise access the Application;
9. "Feedback" means User's requirements, input, comments, responses, opinions, and feedback, concerning the definition, design or validation of the Application and related documentation;
10. "Flyte Zone" has the meaning set out in Section 1.1 of these Terms of Use;
11. "IPRs" means:
    1. all intellectual property rights, including but not limited to copyright, related rights, rights applicable to computer programs, patents, trademarks, designs and models, databases, geographical indications and designations of origin, rights pertaining to topographies of semiconductors;
    2. all registrations or applications for registration and the right to request registration on any of these rights; and
    3. all other intellectual property rights and similar or equivalent forms of protection in any country in the world;
12. "Log-in Data" means a User’s user identification (userID) and password which allows the User to gain access to the Application;
13. "Operator" means a natural or artificial entity, holding a valid licence and operating certificate or equivalent thereof, authorising such person to conduct scheduled or non-scheduled or general air services, and may be referred to as ‘airline’, ‘air carrier’, ‘air service operator’, or commercial air transport operator’, as defined ;
14. "Personal Information" means any information about an individual that allows that individual to be identified, including, but not limited to, your Log-in Data, date of birth, contact information (such as address, telephone number, cell number, email), user settings (language, coordinates, units of measurement), RPA-parameters (brand, series, maximum take-off mass, type, serial number, registration number), log files of flights made with an RPA (name of Operator’s personnel and pilot, info about RPA, start location and coordinates, end location and coordinates, start date, end date, start time, end time, radius, maximum height, flight type, notes, assessment of flight), and your name associated with any of such information.
15. "Regulations" means the civil aviation regulations, 2011, as amended, made by the Minister of Transport under section 155(1) of the Act;
16. "Remotely Piloted Aircraft" or "RPA" means an unmanned aircraft which is piloted from a remote pilot station, excluding model aircraft and toy aircraft;
17. "Remotely Piloted Aircraft System" or "RPAS" means a remotely piloted aircraft, its associated remote pilot station, required C2 Link and any other component as specified in a type design
18. "Unmanned Aircraft" or "UA" means an aircraft that is intended to be operated with no pilot on board;
19. “Unmanned Aircraft System” or “UAS” means an aircraft and its associated elements which are operated with no pilot on boar
20. "Right of Use" means the limited right to access the Application and to Use the Application, which is granted to the User in accordance with these Terms of Use;
21. "Terms of Use" means all the terms and conditions that govern the rights and duties of the User within the framework of the granted Right of Use recorded herein;
22. "Third-Party Hardware" has the meaning set out in section 5.1;
23. "Third-Party Services" has the meaning set out in section 13.1;
24. "Use(s)/using" means any use(s) of/using the Application or Website and include(s), among others: downloading and/or installing the Application or Website, saving or loading the Application or Website in the temporary or permanent memory of a computer or a device, use of the Application or Website according to the intended Purpose, as well as misuse of the Application or Website, changing the Application in any way and deleting the Application;
25. "User" means any natural or legal person, regardless of his or her capacity and location, who Uses the Application and/or acquires a right of use under these Terms of Use; and
26. "Website" means the website of Flyte Zone currently hosted at www.flyte.zone, as Flyte Zone may choose to use from time to time.

1. Provided that the User accepts and continues to comply with these Terms of Use, Flyte Zone hereby grants to the User a limited, restricted, non-exclusive and non-transferable Right of Use to the Application for Use solely in respect of RPA flights within South African Domestic Airspace. Any Use for other purposes (including commercial purposes other than Use for RPA flights carried out by the User) is strictly prohibited.
2. The User may only Use the Application in accordance with the limited Right of Use. The User is provided no transfer of ownership or Intellectual Property Rights in the Application.
3. The User undertakes to keep Log-in Data strictly confidential and under no circumstances to share Log-in Data with any other person. The User is responsible for any Use of the Application using their Log-in Data. The User shall immediately inform Flyte Zone at privacy@flyte.zone of any loss, theft, breach of confidentiality or misuse of their Log-In Data of which he or she is aware. Flyte Zone reserves the right to terminate the Terms of Use immediately in the event of any loss or misuse of Log-in Data by User or any third party.
4. It is prohibited for the User, or third parties who are allowed to use the Application:
   1. to copy or reproduce the Application, its data or underlying database, in whole or in part, directly or indirectly in any way and for any purpose (except for back-up purposes), to share it with third parties or to sell, lend or lease it, unless express prior authorisation has been granted by Flyte Zone;
   2. within the limits of the applicable law, for the User to subject the Application to reverse engineering or to investigate in any way whatsoever the technical, practical or other requirements that the Application fulfils, or to determine the exact functioning of the Application, or to decompile the Application or allow any other attempt to retrieve the source code or object code, or to figure out procedures, processes, algorithms, know-how or other information from the binary code of the Application;
   3. to adapt, translate or combine the Application, or underlying database, or the source code of the Application, in whole or in part, with any other computer software, except where expressly agreed in writing in advance with Flyte Zone;
   4. to integrate the Application or underlying database into other computer software, to develop (or to have developed) or to write (or to have written) derivative software or other software based on the Application or to outsource the development of derivative software or other software based on the Application;
   5. to change or remove in any way, notifications related to the origin of the Application, the (proprietary) rights of Flyte Zone associated with the Application and Flyte Zone's authorship of the Application;
   6. to remove or circumvent the security mechanisms of the Application in any way;
   7. to publish and/or reproduce the Application in any way without the prior, express written permission of Flyte Zone;
   8. to send spam, marketing or unsolicited communications via the Application;
   9. to disseminate inappropriate content, which is defined as including content that is obscene, indecent, pornographic, inflammatory, offensive, defamatory, libellous, threatening, profane or harmful to children, or content that incites racial hatred or terrorist acts, incites violence, incites the use of drugs, or incites any other behaviour contrary to good morals, public order and legislation;
   10. by any means, to send, retain, use or utilise within the framework of the Application, any data (including Personal Data) of natural persons, IPRs of third parties, or other materials if such data, IPRs or materials infringe the rights of third parties or are obscene, threatening, defamatory, illegal, or otherwise unlawful;
   11. to use the Application in any way that causes or may cause damage to the Application, or in any way that has or may have a negative impact on access to the Application, or the operation, use or availability of the Application;
   12. to introduce any harmful code into Flyte Zone systems, such as, but not limited to, viruses, malware, Trojan horses, worms, and other malicious code, files, scripts, agents or programs;
   13. to disrupt the integrity and/or the operation of the Application, the underlying software and hardware, the network, the network services or network communication;
   14. to submit inaccurate or misleading information to Flyte Zone using the Application or to otherwise Use the Application for fraudulent or illegal purposes, including without limitation, use of the Application in connection with RPA flights in breach of third-party rights (including privacy rights); or
   15. to gain (or try to gain) unauthorised access to the Application or related systems or networks of Flyte Zone or third parties such as, for example, by using (ethical) hacking, man-in-the-middle attacks or (D)DoS attacks.
5. If the User downloads the Application onto a Device that does not belong to the User, then the User must make sure that he or she has permission to download the Application and remains bound by these Terms of Use.

1. These Terms of Use do not grant the User an enforceable right of upgrades or updates to the Application. Flyte Zone may offer upgrades or updates at any time. In such a case, at least the provisions of these Terms of Use shall apply to upgrades or updates, unless otherwise stated.
2. The User shall be required, on a periodic basis, to download, install and use upgrades and updates of the Application as required by Flyte Zone. Not downloading, installing, or using upgrades or updates will result in the User no longer being able to Use the Application, as it may expose the Application to security risks or make it unusable, unsafe or unstable. Flyte Zone assumes no responsibility or liability for refusing or failing to provide access or Use of the Application to a User where the User has failed to comply with this section.
3. If the operating system of the Device is out-of-date, it might be that it is no longer possible to implement updates and/or upgrades. Flyte Zone assumes no responsibility or liability for ensuring that the Application is also compatible with outdated operating systems.

1. You may use the Application in connection with your use of a third-party RPA (unmanned aerial vehicles (UAV) or drones), including recreational and commercial RPAs together with its physical products and other hardware and firmware (collectively called "Third-Party Hardware") in flight. You may also use the Application to plan flight paths for Third-Party Hardware.
2. You are responsible for obtaining and maintaining Third-Party Hardware, including the RPA, its controller, all communications equipment, telecommunications and other services needed to access or use the Application. You agree that:
   1. you will use each Third-Party Hardware only in conformity with the applicable Third Party-Hardware terms of use, user manual, and safety guidelines;
   2. you will use and maintain with due care, and will not deface, modify, use or operate any Third-Party Hardware in any illegal manner or for any illegal purpose in violation of any applicable international or Canadian federal, provincial, or local law or regulation; and
   3. you will not (and will not permit others to) remove, deface, or otherwise obstruct any regulatory or certification markers affixed to Third-Party Hardware. You further agree to operate your Third-Party Hardware in conformity with the user’s manual and safety guidelines provided by the third party. Also, prior to your Use of the Application in connection with any Third-Party Hardware, you agree to update the Third-Party Hardware to the most recent version of any third-party software and firmware required to operate the Third-Party Hardware.

1. Flyte Zone offers the Application through application stores such as those provided by Apple (Apple App Store) and Google (Google Play). If the User acquires the Application through any such application store, the terms and conditions of the relevant store may also apply.
2. If the use of the Application is subject to the terms and conditions of an application store and conflicts or ambiguities exist or arise between these Terms of Use and the terms and conditions of an application store, then the latter shall prevail insofar as is necessary to resolve a contradiction. In all other cases, these Terms of Use alone shall apply. The User acknowledges and accepts the obligation to comply with these Terms of Use and the terms and conditions of use of the application store through which he or she has accessed the Application.

1. The Application and the information and results provided by the Application are originated by Flyte Zone and are only for use in South African Domestic Airspace.
2. Flyte Zone does not guarantee that the Application is or will be error free, complete, accurate, reliable or current. Flyte Zone uses commercially reasonable efforts to maintain the Application (for which it is the owner of) current and up-to-date. The User accepts the Application in the condition in which it is made available and without any explicit or implicit guarantee regarding the quality, performance or suitability for intended use. The User acknowledges and accepts that situations may arise during which the Application is not being available and/or it not working properly, such as, but not limited to, problems or bugs in the Application or underlying infrastructure, problems with network connections or telecommunications disturbances, force majeure, or an erroneous or faulty action by the User himself.
3. You acknowledge and agree that this Application does not purport to provide legal (or other professional) advice and nothing in the Application or in these Terms of Use shall be taken, implied or construed as an offer to provide, or a provision of, legal or other advice, or as a recommendation for any specific course of action.
4. Changes may be periodically made to the Application and/or the Application content and may be made at any time. Flyte Zone reserves the right to change, modify, suspend, or discontinue the Application or any Application content at any time without notice and may suspend or terminate your access to the Application immediately without prior notice at its sole discretion and for any reason and without further obligation or liability to you.
5. YOU FURTHER AGREE THAT THE RPA PILOT IS SOLELY AND ENTIRELY RESPONSIBLE FOR THE SAFETY AND NAVIGATION OF SAID RPA AND ALL RPA FLIGHTS MADE BY SAID PILOT. THE RPA PILOT MUST AT ALL TIMES ENSURE THAT THE REQUIRED PILOT CERTIFICATION(S), AIRSPACE ACCESS AUTHORIZATION(S) AND NECESSARY INFORMATION (IN PARTICULAR CONCERNING AERONAUTICS AND WEATHER) ARE OBTAINED BEFORE PROCEEDING WITH AN RPA FLIGHT. THE OPERATOR IS WHOLLY RESPONSIBLE AND LIABLE FOR COMPLIANCE WITH ALL APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, THE REQUIREMENTS OF THE ACT AND THE REGULATIONS (INCLUDING PART 101). THE OPERATOR IS ALSO RESPONSIBLE FOR OBTAINING INSURANCE FOR YOUR RPA OPERATIONS AS YOU DETERMINE IN ITS DISCRETION AND AS REQUIRED BY APPLICABLE LAW.
6. Aside from the functionalities of the Application in context of Part 1 of the Regulations on the use of RPAs in South African Domestic Airspace, the Application only provides the User or pilot of an RPA with non-binding information. This information is based on the information available to Flyte Zone in respect of the preparation and execution of an RPA flight. The information provided by the Application does not constitute legally binding information and it may be that the information provided is not complete, not correct, or not up-to-date. The User can provide Feedback on the Application in order to allow Flyte Zone to improve the Application.
7. YOU AGREE THAT THE APPLICATION AND APPLICATION CONTENT (INCLUDING WITHOUT LIMITATION, THE DATA AND INFORMATION CONTAINED WITHIN THE APPLICATION AND ON OUR SITE), ARE PROVIDED ON AN "AS IS" BASIS FOR INFORMATIONAL PURPOSES ONLY, AND IS TO BE USED FOR YOUR OWN PERSONAL USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER. FLYTE ZONE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE APPLICATION OR APPLICATION CONTENT OR ANY THIRD-PARTY INFORMATION PROVIDED IN CONNECTION WITH THE APPLICATION. FLYTE ZONE IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET AND DOES NOT WARRANT THAT THE APPLICATION WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT OUR SITE OR ANY SITE CONTENT IS FREE OF MALWARE OR ANY OTHER HARMFUL ELEMENTS.
8. IN NO EVENT SHALL FLYTE ZONE OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, DELICT, EQUITY, STRICT LIABILITY, THIRD PARTY INTELLECTUAL PROPERTY (INCLUDING PATENT OR COPYRIGHT) INFRINGEMENT OR ANY OTHER LEGAL THEORY), RESULTING FROM THE USE OF OR RELIANCE UPON, OR THE INABILITY TO MAKE USE OF, THE APPLICATION OR ANY APPLICATION CONTENT (INCLUDING IN CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OF THE APPLICATION OR ANY APPLICATION CONTENT) OR THE USE OF, OR RELIANCE ON, ANY APPLICATION CONTENT (INCLUDING THIRD PARTY INFORMATION PROVIDED IN CONNECTION WITH THE APPLICATION), WHETHER OR NOT FLYTE ZONE OR ITS AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ABOVE: (A) IN NO EVENT WILL FLYTE ZONE, ITS AFFILIATES OR LICENSORS’ TOTAL LIABILITY FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APPLICATION EXCEED THE AMOUNT OF R100 (ONE HUNDRED RAND); AND (B) FLYTE ZONE SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE OR MISAPPROPRIATION OF YOUR DATA OR INFORMATION CONTAINED ON THE APPLICATION OR OTHERWISE UNDER ANY CIRCUMSTANCES, OR FOR ANY CONSEQUENCES RELATED TO CHANGES, RESTRICTIONS, SUSPENSION OR TERMINATION OF ACCESS TO OR USE OF THE APPLICATION OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF DAMAGE CAUSED, IN WHOLE OR IN PART, BY ANY THIRD PARTY CLOUD SERVICE PROVIDER OR CLOUD SERVICE CONTRACTED BY FLYTE ZONE IN CONNECTION WITH HOSTING THE APPLICATION.

You agree to defend, indemnify, and hold harmless Flyte Zone, its Affiliates, partners, licensors, service providers, subcontractors, suppliers, and their respective officers, directors, employees, professional advisors and agents, from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses (a "Claim Against Flyte Zone"), including without limitation, reasonable legal and accounting fees, alleging or resulting from:

1. your access to the Application;
2. your Use of or reliance upon the Application or Application content;
3. your breach of these Terms of Use; or
4. your breach of applicable laws or third party rights in connection with your Use of the Application, provided Flyte Zone:
   1. promptly provides you written notice of the Claim Against Flyte Zone;
   2. gives you sole control of the defence and settlement of the Claim Against Flyte Zone (except that you may not settle any Claim Against Flyte Zone unless it unconditionally releases Flyte Zone of all liability); and
   3. gives you all reasonable assistance, at your cost and expense.

1. Subject to section 9.3 and 9.4, You understand that use of the services provided by Flyte Zone, and in particular the Application may result in charges to you for the Use of the Application ("Fees"). Fees will include applicable taxes where required by law. Fees may include other applicable fees, product return fees, cancellation fees.
2. All Fees and payments will be enabled by Flyte Zone using the preferred payment method designated in your Application account, after which you will receive a receipt. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Flyte Zone may use a secondary payment method in your account, if available. Fees paid by you are final and non-refundable, unless otherwise determined by Flyte Zone.
3. Flyte Zone reserves the right to establish or adjust Fees for any or all services provided by Flyte Zone, and in particular the Application, without notice. We may make available the ability to purchase or otherwise obtain certain products or services through the Application.
4. We reserve the right at any time to modify, limit the available quantity, or discontinue the Application (or any part or content thereof), or any product or service, without notice at any time.
5. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar Right of Use, services or goods obtained through the use of the Application, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your Use of the Application or the Fees applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.
6. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Application.

1. If the User violates these Terms of Use, Flyte Zone reserves the right, immediately without prior notice:
   1. to terminate or suspend (temporarily or permanently) the User’s access to the Application, in whole or in part;
   2. to cancel or suspend (temporarily or permanently) the User’s Right of Use with immediate effect; and/or
   3. to terminate or modify these Terms of Use and/or the availability of the Application.
2. The User shall, at any time, have the right to withdraw from this agreement through his or her user account, and to definitively remove the Application from the Device.
3. In the event of suspension or termination, the User loses all rights to Use the Application as well as access to all other services related to it, should any exist. He or she must also permanently delete all copies of the Application from his or her Device(s). All consequences associated with the suspension and/or termination are solely at the expense of the User. No compensation or indemnification is due by Flyte Zone to the User in the event of suspension or termination. In addition, Flyte Zone cannot be held responsible for the consequences of such suspension, termination or deletion.
4. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use the Application, or when you cease using our Application. The obligations and liabilities of the Parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

1. The User undertakes to respect the confidential nature of the Application and all possible information received by the User in the context of the Terms of Use and Use of the Application. Both during and after the effect of these Terms of Use, the User shall not divulge such information, or otherwise share it with third parties, or Use it for purposes other than in connection with the User’s Use of the Application. Upon termination of the Terms of Use, for any reason at all, the User shall return to Flyte Zone the confidential information which it has received, at the simple request of Flyte Zone. The User shall then cease any further use of such information. The Application, all of the data and information forming its basis, and the know-how and the Intellectual Property Rights of Flyte Zone are to be regarded as confidential information of Flyte Zone.
2. All products or services provided by Flyte Zone, and in particular the Application (including all brands, logos, designs, plans, data, product and/or company names, texts, images, software and the like) are or may be protected by IPRs, and they are and shall remain the exclusive property of Flyte Zone (or their licensors).
3. For greater certainty, the User is not entitled in any way whatsoever to modify, copy, distribute, send, resell, reproduce, publish, patent, transfer or sell the information or content, even partial, of the Application or the underlying database to which he or she has access or the services he or she receives or has received from Flyte Zone, nor may he or she create products derived from the above-mentioned elements.
4. Access to products and the provision of services by Flyte Zone and Flyte Zone does not constitute a transfer or assignment of their IPRs, except in the cases noted, and under the conditions provided for, in these Terms of Use. Any violation of the IPRs of Flyte Zone, Flyte Zone or third parties may result in civil or criminal prosecution under applicable law.
5. All information that Flyte Zone collects or may collect using the Application, or all information collected by the Application, whether automatically or not, when using the Application as well as all flight or general operational data of the User are and shall remain the exclusive property of Flyte Zone. Flyte Zone reserves the right to use this information for any purpose, including without limitation, in the context of administration of RPA flights, to improve Application functionality and the support it provides, for purposes of investigating RPAS or other aviation incidents and to share such information with third parties in connection with such investigations (including governmental and regulatory agencies), and for purposes of communication, account management and fraud prevention.

1. If the Application is not available or does not work properly, the User may at any time contact Flyte Zone via help@flyte.zone to report issues. If you have a question or complaint regarding the Application, please send an e-mail to help@flyte.zone. You may also contact us by writing to Flyte Zone, 20 Wesley Street, Gardens, Cape Town, 8001 or by calling us at 081 484 4367. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
2. By submitting feedback (comments, ideas, suggestions, etc.) you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place Flyte Zone under any fiduciary or other obligation; and Flyte Zone is free to use, disclose and otherwise exploit the feedback without any restriction and without additional compensation to you. By acceptance of your submission, Flyte Zone does not waive any rights to use similar or related feedback previously known to Flyte Zone, or developed by its employees, or obtained from sources other than you.
3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
4. You agree that your comments and feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

1. You understand and agree that management and delivery of the Application to you may involve transmission and storage of information in connection with your Use of the Application, including your Personal Information, to select third-party service providers (including cloud or hosting service providers), and may include or utilize third party products or services (collectively, "Third Party Services"). Third-Party Services may include third-party providers and data centres and facilities that may be located outside of Canada, including in the United States. This means that information in connection with your Use of the Application, including your Personal Information, may be subject to the laws and lawful disclosure requirements of the jurisdictions(s) where such information is transmitted or stored. Flyte Zone reserves the right to contract with third-party subcontractors to provide all or part of the Application, including cloud service or hosting solution providers, on behalf of Flyte Zone. Flyte Zone may change or replace such subcontractors at any time in its sole discretion. Flyte Zone makes no representations or provide any warranties whatsoever with respect to any such Third-Party Services and Third-Party Services are provided in accordance with their respective terms and conditions.
2. The Application may contain links or functions which are dependent upon websites of, and/or data which belongs to, originates from or (whether or not for a valuable consideration) is supplied by, third parties. The availability and the content of such websites or data is not managed or inspected by Flyte Zone, and Flyte Zone cannot be held liable for products or services supplied by third parties or for the continuous availability of data which originates from third parties. The User hereby disclaims any legal claim against Flyte Zone which relates to these websites or products or services of third parties.
3. Specific functions of the Application require a permanent Internet connection. The User is exclusively responsible for providing this Internet connection and is liable for the costs relating to it, of any kind. Flyte Zone can never be held liable for the costs of an Internet connection, for the impossibility to use the Application without an Internet connection or for any reduced usability of the Application resulting from this.
4. The Application may include hypertext links to third party web sites solely for the purpose of helping you identify and locate other sources of information that may be of interest. Hypertext links do not imply an endorsement of (including that Flyte Zone has reviewed such sites) or association with such third-party web sites and Flyte Zone, its Affiliates and related companies are not responsible for such third-party web sites or the information contained on such third-party web sites. Use of third-party web sites is entirely at your sole discretion and risk and you may not create links from other web sites to this Website. Any copying, republication or redistribution of any part of our Website, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Flyte Zone.
5. Flyte Zone may, without notice, insert advertising data into the Application, so long as this does not involve our transmission of any of your Personal Information in contravention of these Terms of Use or our Privacy Code.

In addition to complying with these Terms of Use, you agree to use the Application (including Application data and other content) for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Application shall not be used where, and to any extent, such use is prohibited by law.

1. Your privacy and the security of your Personal Information are very important to Flyte Zone. You are not permitted to post, upload or transmit any Personal Information of any third party to the Application without their consent. Flyte Zone’s Privacy Notice ("Privacy Notice"), a full copy of which is available here, explains how Flyte Zone collects, uses, discloses and retains personal information. The Privacy Notice is an integral part of these Terms of Use and is incorporated herein by reference. Your acceptance of these Terms of Use will also signify your acceptance of the terms of the Privacy Notice.
2. We collect only Personal Information that is needed, and we tell you how we use it. We may collect, protect, use, share, disclose and retain your Personal Information, including but not limited to, your address, Log-in Data, certificate number(s), contact information (such as address, telephone number, mobile number, email), the geographical location of your Device, technical information of your Device (type, operating system, IP address), user settings (language, coordinates, units of measurement), RPA-parameters (brand, series, maximum take-off mass, type, serial number, registration number) and log files of flights made with an RPA (name of Operator, Operator personnel and pilot, info about RPA, start location and coordinates, end location and coordinates, start date, end date, start time, end time, radius, maximum height, flight type, notes, assessment of flight), for the general purposes set out below:
   1. to initiate, open, monitor, maintain, service, process, analyse and audit your Flyte Zone account, including disclosing or exchanging Personal Information with third party service providers, affiliates, agents; to administer services provided to you; to develop our relationship with you; and to analyse and manage our business, including evaluating the needs, wants and satisfaction levels of our customers;
   2. for the promotion of air traffic safety; to raise awareness of air safety and other issues; and to better understanding air traffic;
   3. ro support the preparation and execution of a flight with an RPA, manage flight approvals (for RPA flights within Controlled Airspace), maintain documentation and prepare reports; and
   4. to meet legal, security, processing and regulatory requirements.
3. WE MAY ALSO SPECIFICALLY SHARE YOUR NAME, OPERATORS CERTIFICATE NUMBER, REMOTE PILOT LICENSE CERTIFICATE NUMBER AND LEVEL AND RPA REGISTRATION NUMBER WITH SACAA FOR THE PURPOSES OF VALIDATING THE ACCURACY OF THIS INFORMATION WITH SACAA.
4. You further acknowledge and agree that information in connection with your Use of the Application, including your Personal Information, may be subject to "caching" or other technical processing or transmission policies and procedures by us on your Device or at intermediate locations on the Internet.
5. You consent to and accept this as written notice of Flyte Zone collecting, using, sharing, disclosing and retaining your Personal Information at any time, from, to or with any government, agent or third party service providers for the purposes set out above.
6. We will not share Personal Information with third parties except as set out in these Terms of Use and our Privacy Notice. Only data and information that has been aggregated or anonymized so that it does not allow a third party to identify a specific individual ("Anonymized Data") may be periodically shared with external service providers to help us improve the Application, or for supporting business analysis and operations, business intelligence, product development, improving products and services, personalizing content, providing advertising, making recommendations, evaluating the Application and its services, evaluating the performance of the Application, or for other purposes. Flyte Zone may also use Anonymized Data to perform its own analytics and to enable analytics provided by third parties.
7. Either through your sign-up, through information you submit to the Application, or when you send us an email or ask us to respond to you by email, we learn your email address and the information you have provided. We may send customer service messages to you electronically. Examples of customer service messages include RPA flight authorization confirmations, emergency email communications, account alerts and other notices. We will not ask you to provide Personal Information or Log-in Data, such as username, passwords, account or flight authorization numbers, through email (either solicited or unsolicited). If you receive an email claiming to be from Flyte Zone that you believe to be fraudulent or otherwise suspicious, do not respond and do not open or click on any links or open attachments contained within the email. Please notify us immediately and delete the email immediately after notifying us.
8. The map service and features of the Application include location-based features. When you use any location-based features within the Application, various location-related and usage information may be sent to Flyte Zone, including the real-time geographic location of your Device, in order to process your request and help improve Application functionality. By using the Application, you agree and consent to Flyte Zone’s and its third party subcontractors’ and agents’ transmission, collection, maintenance, processing and use of this information, to provide and improve the Application features and services. You may disable the location-based functionality of the Application by turning off the individual location setting of your Device. However, certain Application features will be unavailable if you disable the real-time geographic location setting of your Device.
9. Subject to legal and contractual restrictions, you may withdraw your consent at any time after your account has been opened with reasonable notice. However, certain consents are mandatory and cannot be withdrawn. For example, once you have signed-up for a Flyte Zone account, you may not withdraw your consent relating to matters that are essential to Flyte Zone providing services through the Application or the management of our business, including use of your email address. If you refuse or withdraw your consent for any purpose required to provide the Application and related services to you, we will no longer be able to provide the Application or service to you.
10. Flyte Zone ensures that appropriate security safeguards are in place and that personal information collected through its website is securely stored against loss, theft, unauthorized access, disclosure or modification; however it is important to be aware that the Internet is not a secure medium, and neither the security of your communications, nor visits to the Application, can be completely guaranteed. Flyte Zone are not liable for any damages resulting from the transmission, interception or corruption of communications to or from this Application. Flyte Zone shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email (or members) on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to members or to any other person’s computer related to or resulting from using services or downloading materials from the Application. If, for any reason, the Application is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Flyte Zone which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Application, Flyte Zone reserves the right to cancel, terminate, modify or suspend the services and/or the Application indefinitely.
11. If you delete or deactivate your Application account with us, or request deletion of your account, you acknowledge and agree that we may retain a copy or copies of same for archival or compliance purposes or to otherwise provide the Application to you or others, in accordance with our retention policy, and subject always to your license to us set out above.
12. You agree that we may, without notice or liability, disclose to third parties, including, but not limited to, third party service providers, servers, and/or potential acquirers, any of your information (including your Personal Information), monitor use of the Application and monitor, review and retain your information (including your Personal Information) if we believe in good faith that such activity is reasonably necessary to provide the Application to customers, ensure adherence to or enforce the terms of these Terms of Use, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others.

Flyte Zone uses "cookies" to collect information and track user patterns on the Flyte Zone website. A cookie is a small text file containing a unique identification number that identifies your browser (not you) to our Website each time you visit. Cookies allow Flyte Zone to assess which pages of our Website are visited and by how many people. Although the Flyte Zone website may assign a cookie to your computer, unless you specifically advise us, we will not know who you are. Cookies cannot be used by themselves to determine the individual identity of any visitor to our Website and Flyte Zone does not combine information gathered by a cookie with personally identifiable information such as your name, telephone number or email address without your consent. Most websites use cookies and most Internet browsers are set up to accept them, but if you would prefer, you can reset your browser settings to notify you when you have been assigned a cookie or to not accept cookies. If you refuse to accept cookies, you may not be able to use some of the features available on our site.

1. Should any provision of these Terms of Use now or hereafter be, in whole or in part, void or non-binding for any reason, the remaining provisions of these Terms of Use shall remain fully applicable and binding. In such cases, Flyte Zone shall replace the provisions that are found to be invalid or non-binding.
2. The User is not allowed to transfer these Terms of Use or the rights and obligations resulting therefrom, either directly or indirectly, without the prior written consent of Flyte Zone.
3. These Terms of Use replace all previous other agreements governing the subject matter hereof. Flyte Zone reserves the right to modify them at any time. In this case, the User shall be notified via the Application or any other manner as determined by Flyte Zone. Any subsequent Use of the Application constitutes implicit acceptance of the modified Terms of Use. If the User does not agree with the changes made, he or she must stop using the Application and his or her Right of Use shall be terminated.
4. Flyte Zone shall be entitled to communicate, by means of the Application, any notice relating to these Terms of Use.
5. You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between Flyte Zone and you as a result of these Terms of Use or use of the Application.
6. Neither party will be responsible for a failure to fulfil its obligations under these Terms of Use or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, including without limitation acts of nature, acts of government, war, riots, strikes, epidemics, quarantines and accidents in transportation, but excluding a lack of financing, cash or credit.
7. The Application is administered by Flyte Zone from its offices in Cape Town South Africa. By accessing the Application, you and Flyte Zone agree that all matters relating to access to, or use of the Application and all of the communications, transmissions and transactions associated with the Application shall be deemed to have occurred in South Africa and shall be governed by the substantive laws of South Africa (and if the prescription laws of South Africa are not considered to be substantive laws thereof, by the prescription laws as well). You and Flyte Zone also agree and hereby irrevocably submit to the exclusive jurisdiction of the South African courts.
8. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
9. Any ambiguities in the interpretation of these Terms of Use shall not be construed against Flyte Zone.
10. These Terms of Use, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Code, constitutes the entire agreement between Flyte Zone and you with respect to the matters referred to in these Terms of Use and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between Flyte Zone and you with respect to such matters.