“Content” means any and all data within the Services.
“Customer” means the entity specified in the Enrolment Form entering into this Agreement as counterparty to SITA.
“Enrolment” Form means the page where the Customer’s name and address is entered on the Developer.aero platform.
“Services” means application programming interface (API) services.
References in this agreement to “you” and “your” are references to the Customer, and to the user when specified as such.
Developer.aero is a platform to provide Services.
Where applicable, some Services may require that the Customer must appoint a properly authorised person (“Administrator”) who will manage and control your use of Developer.aero.
INFORMATION ABOUT US
www.Developer.aero is a site operated by SITA IT Services Switzerland Sarl registered in Switzerland and we have our registered office at 26 Chemin de Joinville, 1216 Cointrin Switzerland ("SITA","we", "us" or "our").
We are a limited liability company.
“SITA Group” means SITA NV, Societe International Telecommunications Aeronautique SCRL, and any direct or indirect majority-owned subsidiary company of either, and any company under the effective control of either.
The Services may include data supplied by SITA or third parties.
ACCESSING OUR SITE
Subject to the provisions in the additional terms, if any:
- you acknowledge and agree that access to Developer.aero is provided on a temporary basis;
- we reserve the right to withdraw, end, amend, change, interrupt, and/or suspend access to all or any part of the Services, APIs and/or facilities we provide on Developer.aero, without notice, at any time and from time to time;
- we will not be liable if for any reason Developer.aero is unavailable at any time or for any period; and
- from time to time, we may restrict access to some parts of Developer.aero, or our entire site, to users who have registered with us
Any changes will become effective when we publish them on the Developer.aero website and you must check the Developer.aero website and the terms regularly for changes.
By continuing to use the APIs, Services and/or facilities after we make any changes, you agree to be bound by the changed terms and charges. If you do not accept the changed terms or charges, you must stop using the APIs, Services, Developer.aero services and facilities.
When using Developer.aero, you must comply with the provisions of our:
You agree to use a browser and operating system that is compatible with Developer.aero and the Service.
We do not accept orders from individuals who are consumers or who intend to resell our Services. Some restrictions are placed on the extent to which we accept orders from specific countries based on trade sanctions and trade embargo laws in point-of-origin of Services.
Fees for Services (the "Fees") are due upon order of specific Services, as specified in Per-API Service Terms.
Fees for Services may be monthly based or usage based or both.
SITA reserves the right to modify any Fees by providing you with thirty (30) days prior notice. All Fees, if paid in advance, are non-refundable.
Credit Card Processing. You must first provide SITA with a valid and authorized credit card number and associated charge information prior to receiving Services and you (a) authorize SITA to charge your credit card for any Fees for the amount due at the time of order and renewal of the Services, and (b) if needed, agree to provide updated credit card information to SITA for subsequent Fees due. In order to provide the Services, SITA may be required to share your information, including credit card and other financial information, with third parties solely for the purpose of processing payment and/or providing the Services.
All Fees are exclusive of Taxes. You will pay SITA an amount equal to any Taxes arising from or relating to this Agreement which are paid by or are payable by SITA. "Taxes" means any form of sales, use, value added or other form of taxation and any fines, penalties, surcharges or interest, but excluding any taxes based solely on the net income of SITA. If you are required to withhold or deduct any portion of the payments due to SITA, you will increase the sum payable to SITA by the amount necessary so that SITA receives an amount equal to the sum it would have received had you made no withholdings or deductions.
In consideration of your use of the Services, you agree to be solely responsible for: (a) providing true, accurate, current, and complete information about you as prompted by Developer.aero registration form (the “Registration Information”), and (b) maintaining and promptly updating the Registration Information to keep it true, accurate, current and complete.
Different passwords may be issued to you or you may be required to provide your own password to enable you to access individual Services. You are solely responsible for the security of your password or passwords.
SITA is not liable for any unauthorised use of Developer.aero or Services, APIs or facilities. You acknowledge and agree that certain Services may provide password-restricted access to customer information such as names and certain terms of your existing contracts with a company in the SITA Group, if any.
If you provide any information that is false, inaccurate, out of date, or incomplete, or SITA has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, SITA may suspend or terminate your use of Developer.aero (or any portion thereof).
SITA accepts no liability if it fails to implement accurately your requested changes, additions, or deletions to Registration Information. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the Services.
APPLICATION PROGRAMMING INTERFACE (API) SERVICES AND USE OF APIS
SITA provides its API Services to enable Customers to connect to our servers in order to facilitate communication with application services and data via the use of APIs issued by us through Developer.aero. The application services may be provided to SITA customers under a separate contract between a company in the SITA Group and the relevant SITA customer, in which case Developer.aero is a delivery tool for such services, supplied under a separate agreement between Customer and SITA.
We may approve or decline client applications and API connections at our sole discretion. We encourage the use and publicity of anti-spam policies.
We provide you with a login and password. You must comply with all industry standard and up to date security practices. All industry standard security measures are Customer’s responsibility.
Although we provide API connection specifications and will attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without notice to you. You must test the specifications thoroughly on a regular basis. SITA is not liable for API specifications that may be incorrect or incomplete.
You can sign up for an API key at the relevant page.
- create any script or other automated tool that attempts to create multiple API keys;
- use the SITA APIs for any commercial purpose or in any product or service that competes with products or services offered by SITA;
- sell, lease, share, transfer, or sublicense the SITA APIs or access codes or derive income from the provision of the SITA APIs, whether for direct commercial or monetary gain or otherwise, without SITA's prior express written permission;
- use the SITA APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the SITA API documentation supplied, as determined by SITA in its sole discretion; and/or
- use the SITA APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, hacking/surveillance/interception/ descrambling equipment or gambling items.
SITA may from time to time for its business purposes produce statistical information on SITA API transactions for promotional and sales activities and you consent to SITA’s use of such information.
For more details on what we consider to be permitted use, see the relevant API documentation.
You may terminate the licence by discontinuing use of all or any of the SITA APIs. SITA will terminate the licence by serving notice on you in the manner specified below. If your use of Developer.aero is terminated for any reason then all licences for SITA APIs also terminate and you shall thereupon cease all use of SITA APIs.
SITA will provide support for APIs provided by developer.aero. For support please see the support documentation and support forum at Developer.aero and if further support is required please contact email@example.com. For support in relation to SITA customer services under a separate contract with a company in the SITA Group, please use your usual support process.
Some countries may provide specific laws in relation to your use of APIs, and it shall be your responsibility to comply with such local laws (where applicable).
NOTIFICATION, MODIFICATION AND TERMINATION
Developer.aero may provide, or third parties may provide, links to other Internet sites or resources. Because SITA has no control over such sites and resources, you acknowledge and agree that SITA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. SITA will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
This Developer.aero may be linked to other websites which are not under the control of and are not maintained by SITA. SITA is not responsible for the content of those sites. SITA is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by SITA of those sites.
CONFIDENTIALITY OF INFORMATION
You acknowledge that you may obtain direct access via Developer.aero to certain SITA confidential information, including SITA databases containing confidential information of SITA and its suppliers, such as technical, contractual, pricing, marketing, and other valuable information ("Information"). You must hold Information in strict confidence and may provide Information to employees in your organisation only on a need-to-know basis. You may not disclose any Information to anyone outside your organisation without the written permission of SITA. Title to Information remains with SITA and its suppliers. You agree, as an individual and on behalf of your employer, to be bound by the provisions of these confidentiality obligations.
You do not acquire any rights in Information, except the limited right to use Information as described above.
INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including rights in software and databases), database rights, designs, circuit layouts, trade marks, trade secrets, rights in know how, patents, inventions and discoveries, rights in confidential information, and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
SITA is committed to respecting others' intellectual property rights, and we ask our users to do the same. SITA may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our SITA Developer.aero, please contact us.
"SITA Trademarks" means all logos, symbols, get up, trade marks, trade names, trade mark rights in any registered business names, service marks, brand names and similar rights, whether registered or unregistered, anywhere in the world, that are owned by a member of the SITA Group. You agree not to modify or obscure in any way the SITA Trademarks provided as part of or in relation to the Services.
DISCLAIMER and WARRENTIES
THE FOLLOWING CLAUSES UNDER THIS HEADING ARE SUPERSEDED AND REPLACED BY ANY INCONSISTENT TERMS OR CONDITIONS IN ANY PER-API SERVICE TERMS.
Your use of Developer.aero facilities, APIs and Services is at your sole risk. Developer.aero facilities, access, APIs, Content, Software and Services are provided on an "as is" and "as available" basis. Unless otherwise explicitly stated, the Content on SITA's websites is provided "as is", "with all faults," and is for commercial use only. SITA disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty and/or condition of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement. SITA makes no representations, warranties, conditions or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the Content contained on SITA's websites. SITA may make available on SITA's websites Content available for downloading which has been submitted by third-party users of SITA's websites. Any questions regarding the Content should be directed to the providers of such Content. In no event will SITA or its suppliers be liable for the accuracy or completeness of the Content or information from SITA's websites.
SITA MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) DEVELOPER.AERO FACILITIES, APIs, CONTENT, SOFTWARE AND SERVICES WILL MEET YOUR OR ANY REQUIREMENTS, (ii) DEVELOPER.AERO FACILITIES, APIS, CONTENT, SOFTWARE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DEVELOPER.AERO FACILITIES, APIs, CONTENT, SOFTWARE AND SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DEVELOPER.AERO FACILITIES, APIs AND SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DEVELOPER.AERO FACILITIES, APIs AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
LIMITATION OF LIABILITY
The following clauses under this heading are superseded and replaced by any inconsistent terms or conditions in any Per-API Service Terms.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SITA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF SITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE DEVELOPER.AERO FACILITIES, APIs CONTENT, SOFTWARE AND/OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM DEVELOPER.AERO FACILITIES, APIs AND SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DEVELOPER.AERO FACILITIES, APIs AND SERVICES; OR (v) ANY OTHER MATTER RELATING TO DEVELOPER.AERO FACILITIES, APIs AND SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM SITA'S WEB SITES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH DEVELOPER.AERO FACILITIES, APIs AND SERVICES AND WILL NOT MAKE A CLAIM AGAINST SITA FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF DEVELOPER.AERO FACILITIES, APIs AND SERVICES.
YOU COVENANT NOT TO SUE SITA FOR, ANY CLAIMS BASED ON USING DEVELOPER.AERO FACILITIES, APIs AND SERVICES, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
SITA controls and operates this Developer.aero from its various locations in Switzerland, the UK, the European Union and the US and makes no representation that this Content is appropriate or available for use in your location(s) outside these jurisdictions. You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless the contrary intention appears, a reference in this Agreement to: (Service includes API and/or software) Service is a reference to any related API and/or software; (variations or replacement) a document (including this Agreement) includes any variation or replacement of it; (statute) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; (law) law means common law, principles of equity, and laws made by the legislature (and laws made by the legislature include regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them); (singular includes plural) the singular includes the plural and vice versa; (person) the word person includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any Government Agency; (dollars) United States dollars, dollars, US$ or $ is a reference to the lawful currency of the United States of America; (calculation of time) a period of time dating from a given day or the day of an act or event, is to be calculated exclusive of that day; (meaning not limited) the words include, including, for example or such as when introducing an example, does not limit the meaning of the words to which the example relates to that example or examples of a similar kind; and (reference to any thing) any thing (including any amount) is a reference to the whole and each part of it. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any part of it. Headings are for convenience only and do not affect the interpretation of this Agreement.