Terms and Conditions

1. General Provisions

PlaneEnglish LCC, hereafter “PlaneEnglish” develops and makes available the mobile applications ARSim and ATSim (hereafter, the “Applications”) through downloads at various App Stores. The Applications developed by PlaneEnglish are provided exclusively on the basis of these Terms and Conditions. By using these Applications, you agree to accept all terms and conditions herein. You must not use these Applications if you disagree with any of these Application Terms and Conditions.

2. Intellectual Property Rights

Under these Terms and Condityions, PlaneEnglish and/or its licensors own all the intellectual property rights and materials contained in these Applications, to include the maps, diagrams, charts, logos, and training material. You are granted limited license only for purposes of viewing the material and using the material within the Applications. The user is not permitted to modify, copy, replicate, or share the content and materials of these Applications with a third party.

3. Accounts and user data

The user must select and use secure access credentials to access the Applications. PlaneEnglish is not responsible for damages resulting from the breach of this duty. In the event of suspected abuse, PlaneEnglish is entitled to block access to the Applications. Abuse includes accessing the Applications on more than one device simultaneously and without the consent of PlaneEnglish. See the Data and Privacy policy for more information on the data collected and used by PlaneEnglish.

4. Access to content

The contract for subscription-based content shall only be concluded if the user clicks on the “Pay” button in the Subscriptions page of the Applications (exact labelling may vary for in-app purchases depending on the App Store). The contract shall be accepted by PlaneEnglish (or on its behalf by the respective App Store provider) by providing access to the subscription-based content. A refund after the purchase of a subscription can only be made within the scope of statutory consumer rights or the statutory right of revocation with due regard to the respective elements of exclusion. The prices for subscriptions as displayed via the respective App Stores shall apply in each case. These can vary according to currency and country and any applicable taxes. The prices include any applicable value added tax. Payments will be processed via the respective App Stores. The terms of use and payment of the App Stores shall apply in this regard, supplemented by these Terms and Conditions. In the event of contradictions between the general terms and conditions of the App Stores and these Terms and Conditions, the terms of use and payment of the App Stores shall take precedence. If the user defaults on payment, PlaneEnglish may, irrespective of the continued obligation to pay, block access to the Application.

5. Warranties and Liability

These Applications are provided “as is,” with all faults, and PlaneEnglish express no representations or warranties, of any kind related to this Application or the materials contained in these Applications. In no event shall PlaneEnglish, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Application whether such liability is under contract. PlaneEnglish, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of these Applications. See the Disclaimer policy for more information

6. Indemnification

You, the user, hereby indemnify to the fullest extent PlaneEnglish from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms and Conditions.

7. Variation of Terms

PlaneEnglisht is permitted to revise these Terms and Conditions at any time as it sees fit, and by using these Applications you are expected to review these Terms and Conditions on a regular basis.

8. Assignment

PlaneEnglish is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

9. Entire Agreement

These Terms constitute the entire agreement between PlaneEnglish and you, the user, in relation to your use of these Applications, and supersede all prior agreements and understandings.

10. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the United States of America, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the United States of America for the resolution of any disputes.