mi Flights

Terms of Service

1. Terms

Appeclectic Ltd (hereinafter "Appeclectic", "we", "us", or "our"), registration no. 08511788, having its registered address at 20-22 Wenlock Road, London, England, N1 7GU, provides real-time flight tracking of air traffic throughout the world, accessible by using our website, currently www.miflightsapp.com (the "Website"), our mobile applications, or other information provided as part of Appeclectic’s services (collectively the "Services").

These Terms of Service (the "Terms") set forth the legally binding terms and conditions governing any use of the Services (as defined below) provided by Appeclectic. By using the Services, you acknowledge your understanding of, and agreement to, these Terms, which also incorporate our Privacy Policy. Any use of the Service is subject to these Terms. We may, from time to time, revise these Terms. Your continued use of the Services after the posting of any revisions will constitute your agreement to be bound by such revisions.

Please read these Terms carefully before using the Services. If you do not agree to these Terms, you do not have the right to use the Services.

2. Registration process

Registered users of the Services are able to use certain additional services and functionality and may access additional data [as further explained in the service description]. Furthermore, registration is a prerequisite for enjoying any of our Paid Services (as defined below).

During registration you will be asked to provide your e-mail address and password. You are responsible for providing accurate and correct registration information and we assume no liability for any error, inaccuracy or omission in such information or in the service resulting from any information provided by you. By becoming a registered user of our Services, you will also be prompted to give your consent to our processing of your personal data in accordance with our Privacy Policy.

Upon completing the registration process, you will receive a confirmation e-mail containing your chosen information to the e-mail address you provided. You will be asked to verify these details in the email, which you must do to continue to use the Paid Services

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Appeclectic Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. User Account Security

Each user is personally and solely responsible for all actions and transactions made through his/her account. You are responsible for maintaining the confidentiality of your password and you should ensure that you exit properly from your account at the end of each session. You agree to notify Appeclectic immediately if you suspect any unauthorized use of your account or access to your password or account.

If you wish to deactivate your account please contact us.

4. Third Party Services

The Services are integrated with certain third party applications, websites, and services ("Third Party Services") to make available content, products, and/or services to you. These Third Party Services may have their own terms and conditions of use and privacy policies and your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Appeclectic Ltd does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Services or for any transaction you may enter into with the provider of any such Third Party Services.

5. License

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable right to access and use the Services. Unless otherwise stated in these Terms, this right is granted for your personal, non-commercial use only. Permission is granted to temporarily download one copy of the materials (information or software) from the Services for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials;
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer any software contained on the Services;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or "mirror" the materials on any other server.

This license and the right to access the Services shall automatically terminate if you violate any provision of these Terms. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

6. Paid Services

Certain Services from Appeclectic are offered free of charge. Other Services require payment before you can access them, "Paid Services". The Paid Services are currently referred to as the "Premium Services" and are divided into three categories: "Gold", "Silver" and "Bronze". You can learn more about the content of our Paid Services on our Website or within the mobile application.

Paid Services are entered into for a subscription period, either for one (1) month at a time, (6) months, or for twelve (12) months at a time. All subscriptions are automatically extended by an additional subscription period at a time until you or Appeclectic terminates the subscription. Please see your account page at our Website or within the mobile application for more information about your subscription.

Appeclectic or you may at any time terminate the subscription. No subscription fee paid in advance for the relevant period will be repaid, but you will have the right to continue to use the Services until the end of that period.

If you wish to terminate your subscription, you may use your account page within your mobile device. If we want to terminate the subscription, we will do so by email.

Certain in-app purchases can also be made in the form of a single payment for a time-unlimited access to certain Paid Services, limited to a specific version of our mobile applications. Such purchases are made from within the mobile application and follow the payment process of that mobile application. Please read more about in-app purchases in the specific license terms of that mobile application.

7. Fees and Payment

Paid Services can be purchased on the Website or through so-called in-app purchases in some of our Apps. Except in relation to certain in-app purchases, as described above, Paid Services shall be paid as a monthly, 6 monthly or yearly subscription fee in accordance with the price list applicable from time to time which is available on the Website or in one of our mobile applications. You may effect payment of the fee through any of the means of payment offered by us on the Website or in one of our mobile applications. If any payment is not made on the due date, your Paid Service subscription will be automatically and immediately terminated.

Appeclectic may change the prices for the Paid Services from time to time and will notifyyou of any such price changes by email or through information posted on our Website. Price changes to Paid Services will take effect from the next subscription period following the notification of the price change. As permitted by law, you accept the new price by continuing to use the Paid Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by terminate the Paid Services prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

8. Trademarks and Intellectual Property Rights

Ownership and all intellectual property rights in the Services or any content on the Services, including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in us, or our licensor, and nothing in these Terms shall be interpreted as a transfer of such rights from us to You. You are solely entitled to the limited license to the Services specifically granted under these Terms.

Specifically, the "mi Flights", "mi Flight Tracker", "mi Flight Radar" and "mi Flight Board" trademarks and all trademarks appearing on the Services are property of us or our licensors and are protected by applicable laws. Use of these trademarks is by all means prohibited.

9. Unauthorised Use/No Interference

You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Services or use and/or monitor any information in or related to the Services for any unauthorised purpose. Specifically, each user, whether authorised or unauthorised, agrees that it will not (and will not permit any of its employees, agents, and any other third party to) do any of the following:

  • Use the Services or any data contain therein or provide, link, or otherwise make available, any information on the Services that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation;
  • Manipulate, forge, or otherwise modify information or identifiers in a manner,which may hide or disguise the origin of any information;
  • Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by the Services;
  • Alter or delete information not provided by you, or interfere with the operation of the Services including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.

You also agree not to permit any other user of the Services to access, view, download or reproduce the material for any use not permitted by us.

10. User engagement

Appeclectic may allow registered users to post a wide range of material on our website such as, for example, photos, discussions and comments on flights or the Service (hereinafter the "Material"). By posting Material on the Website, you consent to making the Material and your registered username available to the public and other users.

The Material may not:

  1. contain content which is protected by copyright, trade mark law or other intellectual property rights without the express consent of the right holder;
  2. market any product, service or company;
  3. identify any individual person without that person's express consent (for example by name, address, image or video); or
  4. be offensive, disturbing, harassing, obscene, pornographic, discriminatory or in any other manner unsuitable or illegal.

You are responsible for any damage suffered by Appeclectic as consequence of the Material being made available in violation of these Terms.

You consent to our reviewing of the content of your Material and acknowledge that we may remove any Material at our discretion.

You are aware and understand that statements and opinions presented in the Material are those of other users and not those Appeclectic. Appeclectic does not support or endorse such statements and opinions, and that such statements and opinions may be incorrect or misleading.

You grant us the right to edit, copy, display, publish and distribute any information or material made available on the Services by you.

11. No warranties

The Services and the content therein are provided "as is" and "as available". We make no warranties, expressed or implied, and hereby disclaim any warranty, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content accessible through the Services and other services or otherwise relating to such content or on any sites linked to the Services.

We offer no guarantee that the pages, services, functions, choices and content of theServices will be provided without interruption or errors or that any mistakes or errors will be corrected. We do not guarantee that the Services or the servers through which they become available to users do not contain viruses or other harmful components, although we make every effort to ensure it.

The Services and the content therein may include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Services are accurate, complete, or current. We may make changes to the materials contained on the Services at any time without notice. We do not, however, make any commitment to update the materials.

The provided information on aircraft position and identity, in particular, originate directly from the aircraft, which transmit this information through public radiofrequencies, according to the ‘Automatic Dependent Surveillance-Broadcast’ (ADS-B). The information collected and published may contain errors, due to the intrinsic limitations of radio communications (e.g. limited coverage, interference, attenuation, special weather conditions etc.), due to erroneous configuration of the ADS-B devices on board, due to negligent data entry by aircraft crew, due to erroneous position received by the aircraft GPS and due to other factors beyond the control of the Appeclectic. Data is provided for informational purposes only and is not related by any means to the safety of navigation.

Consequently, we cannot provide any type of guarantee and are neither are responsible for the correctness, validity, thoroughness and accuracy of that information published, nor for the suitability of their usage for purposes other than informational only.

12. Exclusion of liability

Unless caused by our gross negligence or intent, we shall in no event be liable for any losses or damages, whether direct or indirect (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the Services or the use or inability to use the content of the Services, even if we have been notified of the possibility of such damage.

We cannot guarantee the security of any transfer of information made via the Services. We do not assume any liability for the information contained on the Services. The Services may contain links to third-party websites which are not under our control. We are not responsible for the contents of, nor do we endorse, any third-party sites that are linked to the Services. We have not reviewed content on sites other than the Services and are not responsible for such content. We expressly disclaim responsibility for all representations made or implied in relation to products, publications or sites not owned by us.

13. Changes to the Services

You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time make additions to, deletions from, modifications to, or change the format and features of, the Services.

You further acknowledge that we may be obliged to alter, modify or reduce the extent of the Services due to mandatory law or decisions by competent governmental authorities. If such restriction apply to the Service in a way that may affect or impair the Paid Services, Appeclectic shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any Paid Services.

14. Governing Law and disputes

Any claim relating to the Services shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions.

All disputes arising out of or in connection with the present Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

The place of the arbitration shall be Leicester, United Kingdom. The language of the arbitration shall be English.

Nothing in this clause will prevent the Appeclectic for seeking enforcement for payments due under this Agreement.