Tofly’s Terms of Service

Tofly’s Terms of Service Welcome to ToFly By accessing the ToFly’s app or our website www.tofly.com, either by a mobile device or a computer you agree to be connected to our application in subscription mode, the paid subscription to our services starts after a test period equivalent to three months, please read these terms of use and privacy policies of our app ToFly. Contact us for any question respecting this contract.  Acceptance  of use of terms.  FIRST. This is an electronic agreement or contract (in the text will be named as agreement or contract) that sets out the legally binding terms you accept to use the service provided by our app ToFly. This contract includes: privacy policy of our company, and the terms described and accepted by you, by accepting the policies, you agree to buy the subscription and with this in consideration to use our products or services. SECOND. By agreeing to use our service, you accept this electronic contract and agree to the terms, conditions, notices, contents referenced in this document and consent to this contract and all the notices provided to you electronically. To withdraw this consent, and terminate the electronic contract you must stop using the service, cancel your account and cancel the subscription. It is important that you print a copy of this contract for your records. The present contract may be modified by the company eventually. THIRD. ToFly It’s aimed for people over 18 years old; it’s an exclusive app for aviation personnel, specifically pilots and flight attendants. You must be at least 21 years old and be a pilot or flight attendant to access and use the service. To access and use the service, you must subscribe with real personal data that we will be checked at the time of your application. To celebrate this contract you must comply with all terms and conditions of this agreement. By creating an account, you represent and warranty that you have never been convicted for a felony, and you are not a sex offender. The use of the service may be prohibited or restricted in some countries. If you use the service outside Colombia or the United States, you are responsible for compliance with the laws and regulations of the territory. ACCOUNT CREATION. To use ToFly: (1) You must fill out a form. If you do, you authorize us to access and use certain information. For more information regarding the information we collect from you and how we use it, please consult our privacy policy. (2) You must provide data from a credit card to access our subscription. (3) You must provide a picture of your flying license or your company ID. Remember that all these requirements are important to ensure the accuracy of the information provided by the user, ToFly it’s an exclusive use app. SUSCRIPTION TERMINATION. The present agreement shall remain in full validity and effect while you use the service and/or have a subscription. You can deactivate your subscription at any time for any reason by following the instructions in “settings” on service. The Company may terminate or suspend your account at any time without previous notification if the company considers that you have broken this agreement or for any other reason, with or without cause. Upon termination or suspension shall not be entitled to a refund of unused payment in app purchases. The company is not obligated to disclose the reason for the termination or suspension of your subscription. COMERCIAL USE. Companies may not use the service for any purpose except with the express consent of ToFly. SUBSCRIPTOR SECURITY AND INTERACTION WITH OTHER USERS You are responsible for maintaining the username and password confidentiality that you designate during the registration process, and you are only responsible for all activities that occur under your username and password. You agree to immediately notify ToFly of any disclosure or unauthorized use of your username, password or any other violation. Please be sure to log out at the end of each access. You are solely responsible for your interactions with other users of ToFly. Currently we perform verification of the data from our members, all to ensure the accuracy of the information, this does not guarantee the good or bad intentions of the members, and we don’t do verification of criminal backgrounds.  ToFly it’s not responsible for the behavior of any user. At any case ToFly and its subsidiaries or partners will not be responsible (directly or indirectly) for any loss or damage of any kind, direct, indirect, general, special, compensatory, consequential, and / or incidental, arising out or relating to the conduct of you or anyone else in relation with the use of the service, including, without limitation, death, bodily injury, emotional distress, and / or any other damages resulting from communications or meetings with other users or persons reached through the service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate outside of the service or decide to meet in person with another user, or if you decide to send money to another user. Before using the service, you understand that ToFly doesn’t offer any warranty, express or implied, regarding compatibility with the people you meet through the service. You should not provide your financial information (for example credit card or bank account information) to other users. ToFly’s PROPERTY RIGHTS.  The company owns and retains all proprietary rights in the service, and in all contents, trademarks, trade names, service marks and other intellectual property rights related to its own. The service contains copyrighted material, trademarks and other proprietary information of the company and its licensors. You agree not to copy, modify, transmit, create derivative works from, use or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the service, without first obtaining the prior written consent from the company or, if the property is not owned by the company, the owner of the copyright or property rights. You agree to not remove, hide or alter any proprietary notices appearing on any content, including copyrights, trademarks and other intellectual proprietary notices. CONTENT PUBLISHED BY YOU IN ToFly. You are the only responsible for the content and information you post on your user profile. You understand and agree that ToFly may, but is not obligated to, monitor or inspect any content published as part of a security service and privacy. It can delete any content, partial or complete that under the judgment of ToFly breaks this agreement or may damage the reputation of the service You agree that ToFly can access and disclose your account information and content if required by law. You agree that any content you put in your user profile can be seen by other users and can be seen by anyone who visits or participate in ToFly. FORBIDDEN ACTIVITIES. The following is a partial list of forbidden actions: • It is forbidden to impersonate any person or entity. • It is forbidden to solicit money from any user. • It is prohibited to stalk, harass, and persecute anyone. • It is forbidden to use our service illegally. • It is forbidden to access the service in a place where it is illegal or unauthorized (Country, city, property, etc.)  SERVICE MODIFICATIONS. ToFly reserves the right at any time to modify or discontinue, temporarily or permanently, the service or any part of it with or without notice. You agree that the company will not be liable to you or any third party for any modification, suspension or interruption of service. The company will terminate the accounts of persistent offenders. LEGAL WARNING 1. You acknowledge and agree that ToFly and its affiliates and third-party partners are not responsible and shall have no responsibility, directly or indirectly, for any loss or damage, including personal injury or death, resulting from or alleged to be the result of (1.1) any incorrect or inaccurate content posted on the service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (1.2) the delay, deletion or disposal, delivery or failure to store any incorrect content, communications or personalization settings; (1.3) the conduct, whether online or offline, of any user; (1.4) any error, omission or defect, interruption, deletion, alteration, delay in operation or transmission, theft or destruction or unauthorized access to any user communications or user; or (1.5) any problems, failures or technical malfunction of any telephone network or telephonic lines, computer online systems, servers or providers, computer equipment, software, failure of email or participants on account of technical problems, traffic congestion on Internet or at any website or combination of both, including injury or damage to users or the computer or devices related to/or resulting from participating/or downloading materials in connection with the Internet and/or in connection with the service of any another person. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY OFFERS THE SERVICE AND ACCORDING TO DISPONIBILITY HELPS WITH NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RESPECTING TO THE SERVICE (INCLUDING ALL CONTENTS THERFORE), including ( without limitation) any implied warranties of satisfactory quality, COMMERCIALIZATION, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED. 2. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE ARE ACCESSED AT YOUR OWN RISK AND YOU WILL BE THE ONLY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE AND LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. IF YOU DON’T ACCEPT THIS LIMITATION OF RESPONSIBILITY YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIALS THROUGH THE SERVICE. 3. Once in a while, the company may make third-party comments, advice, statements, offers, or other third-party information or content available through the service. All third-party content is responsibility of the authors of the same and should not necessarily be accepted. Such third-party authors are solely responsible for their contents. The company does not: (3.1) guarantee the accuracy, integrity or usefulness of any third-party content provided through the service, or (3.2) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any of the parties that appear on the service. Under any circumstances the company or its affiliates will be responsible for any loss or damages resulting from your reliance on information or any other content posted on the service, or transmitted by any user. If you have specific concerns or a there is a situation that needs professional or medical advice, you should consult with a properly trained and qualified specialist. 5. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A COLECTIVE DEMAND OR OTHER PROCEEDING ACTION. Your rights will be determined by a neutral mediator, NOT A JUDGE OR A JURY. You have the right of an impartial trial in front of a mediator. The mediator may give any reparation that a court can, but keep in mind that mediating proceedings are often easier and faster than trials and other legal proceedings. The mediator decisions are enforceable in the courts and can be overturned by a court only for very limited reasons. For more details about the mediation process, see our procedure for mediation. 6. Any proceeding to validate this mediation agreement, including any procedure to confirm, modify or revoke any mediating concession may be done in any court of competent jurisdiction. In the event that this mediating agreement is considered to be unenforceable for any reason, any litigation against the company (except for small claims or court actions) may be undertaken only in federal courts. By it is hereby is irrevocably submit to the jurisdiction of such courts for such purposes. 7. This agreement and any dispute between you and the company will be governed by the laws of the state of Colombia regardless principles of conflict of laws. Indemnification about you. You agree to indemnify and have the company, its subsidiaries and affiliates, and its officers, agents, partners and employees apart from any loss, responsibility, claim or demand, including reasonable attorneys’ fees, made by any third party due to or as a result of your breach or violation of this agreement (including any breach of your representations and warranties contained in this document), shipments or content that you post on the Service, and the violation of any law or regulation. The company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with the company in connection therewith. Liability limitation. To the maximum extent permitted by applicable law, in any case the company, its affiliates, partners, licensors or service providers will be responsible to you or any third party for any problem, consequential, incidental, special or indirect, including, without limitation, lost profits, loss of goodwill, damage for loss, corruption or breaches of data or programs, service interruptions and obtaining substitute services, even if the company has advised of the possibility of such damages. Nevertheless the contrary contained in this document, the responsibility of the company to you for any cause, and regardless of the form of the action, will be limited all time to the amount paid, in your case, by you to the society service while you have an account. You accept that regardless of any statute or law, any claim or cause of action relating the use of the service or the terms of this agreement must be filed within one year due to demand action and always be prescribed. Notice. ToFly can give notices, including those regarding changes to this agreement, by any reasonable means so far known or developed, including e-mail, post mail, SMS, MMS, text message or by a posting on the service account. These messages can’t be received if you violate this agreement by accessing the service unauthorized. The user agrees that is considered to have received all notices that have been given by accessing the service in an authorized manner. Entire agreement; This agreement, privacy policy and guidelines or specific rules are published separately for individual services or service offerings; it contains the entire agreement between you and the company regarding the use of the service. If any disposition of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. The failure of the company to exercise or enforce any right or provision of this agreement shall not constitute a renounce of such right or provision. You agree that your online account is not transferable and all rights of your profile or contents within your account terminate after death. Changes in the agreement. This contract is subject to change by the company at any moment. SUBSCRIPTION. You, the buyer, may cancel the subscription without penalty or obligation, at any time, remember that if you don’t unsubscribe it will generate charges to the credit card or debit card linked at the time of registration and subscription in ToFly, removing the app from your device is not eliminating the service subscription, the service will be free for a period of three months starting immediately after you complete the subscription, the subscription charges will be generated after this period without interruption, if you are not satisfied with the service you must cancel the subscription to don’t generate more charges.
ToFly Privacy policies Privacy Our app ToFly It’s not a service for the general public; it can only be used by plane pilots and flight assistants. ToFly It’s an app that displays a new, totally private and fun way to meet people around the world, interact with crews from other companies, meet people and dare to seek new experiences. Make of your work a different experience, the most important thing for us is privacy. Privacy is a priority in ToFly. To access and download the application in a secure way you must fill out the registration form, attach a photo of your company ID or your flying license, to finish the process you must provide the details of your credit card to debit the subscription, remember that the first 3 months of subscription are free, from the fourth month 1.95 USD will be charged monthly. To protect the identity of your company ID or flying license you can cover the part that shows your ID number with a pen or what you consider necessary. We can’t transact inscriptions with names of fake users, pilots or flight assistants who are not identified, both privacy and confidence of the site is based on that all app users are who they say they are. If you want to enjoy our application we need a real name, a real mail, fill out the registration form, provide credit card information to verify the veracity of the information given and debit the monthly payment. Only with these premises of privacy and trust we will have a private application only for pilots and flight assistants. Remember that all pilots and flight assistants have gone through this process. After verifying your identity, your account will be activated. ToFly respects the privacy of its users, developing a privacy policy to demonstrate our commitment to the protection of information. Please read the privacy policy to use our application and make commercial transactions with us. By using our website or our app the user is accepting the practices described in this privacy policy. If you have any questions about our privacy practices, please contact us at: www.tofly.net The information collected about you. Our app may collect information that can identify you, such as: Name Address Email Phone number Personal identification (Flying license or identification of the company where you work) Credit card  Information collected manually: If you transact business with us, we will recover financial information. The information you will provide us is: Photos, personal description, information about your gender, preferences, the search distance, age range and gender. Information collected automatically: We collect information from your browser or device automatically such as, device ID, IP address, browser, access times and geographic location of your mobile device while our app is running. We may collect this information through the web site or our mobile app. By using our service, you consent to collect, analyze and preserve the data. When you provide personal information through our service, information can be sent to servers in several countries. At the moment of registration in the ToFly app, you will be asked to fill out a registration form where you will find a series of questions, you must provide your personal information, data from a credit card registered on your name and a picture of your flight license or the company ID where you work, all in order to validate the accuracy of the information provided. Credit card information Your credit card information will not be provided to us directly, we use an intermediary to receive subscription payments monthly, the company responsible for receiving these payments is: www.stripe.com We use the information collected We may use the information to improve our products and services, customer service, email communication, post mail and phone number. How we protect your personal information We take security measures to protect your personal information by preventing unauthorized disclosure. Note that no system can be completely secure. Therefore we ask our users to close their chat, interaction and the app if it’s necessary. Users should also be careful about how they handle their personal information and should avoid sending personal information through insecure email. Changes to this privacy policy Occasionally we will update this privacy policy. When we post changes to this privacy policy, we will change the date of “last update” at the upper part of this privacy policy. We recommend you to contact our service from time to time to learn of any changes to this privacy policy or any other policies. Contact Us

If you have questions about our privacy policy, please contact us.

Privacy officer Tofly, Inc. privacy@tofly.co

www.tofly.co