Terms of Use

Aircrew Pro Pty Ltd (referred to in these Terms of Use as we, us, our) makes available to our registered users (referred to as you or your) our Aircrew Pro Application Programming Interface (the App) and Logon Credentials for the purpose of enabling the user with the ability to Logon and use the App, services and related purposes. These Terms of Use apply to your integration with, and use of the App and Logon Credentials.

All capitalised terms that we refer to have been defined at the end of these Terms of Use.

1. Registration for an AP User Account

1.1. You are required to register for a User Account with us to integrate with and use the App and be provided with Logon Credentials.

1.2. You must comply with the Terms of Use, including the provision of accurate, complete and up-to-date information as required.

1.3. To subscribe to a Premium Plan, you must be at least 18 years old and you must register or hold a User Account linked to a valid Australian credit card with a billing address in Australia or agree to third party billing with one of our authorised third-party billing partners (if any).

1.4. You agree to be bound by the terms and conditions set out in Schedule 1 (Premium Plan) when subscribing to or using a Premium Plan.

2. Grant of rights

2.1. In consideration for you integrating with and using the App, we grant you a worldwide, non-exclusive, non-transferable, royalty-free licence to use the App and the Logon Credentials, and to Logon such data as we may provide and make available to you when using the App.

3. Your responsibilities and restrictions

3.1. You:

• (a) warrant that you have all right, title and authority to agree to these Terms of Use;
• (b) must provide up-to-date, complete and accurate information on registration for use of the App and the Logon Credentials;
• (c) are responsible for the accuracy and legality of all information, materials and content that you provide through the Developer Centre, the Developer Portal, or which you otherwise provide to us;
• (d) must only use the App and the Logon Credentials in accordance with these Terms of Use and comply with the Use Requirements;
• (e) must not use the App or Logon Credentials in any way that adversely affects the performance or function of the App or Logon Credentials;
• (f) must not post or transmit information or materials that would breach rights of any third party, or which contains a virus or other harmful component;
• (g) must keep the Logon Credentials supplied by us safe and secure and immediately notify us if you know or suspect such safety and security has been compromised; and
• (h) must not reverse engineer, decompile, or disassemble the App or otherwise interfere with any of the App.

3.2. You:

• (a) are responsible for and will be liable for the use of the App and the Logon Credentials by any third party to which you provide Logon to the API and Logon Credentials, as though such use was by you.
• (b) are liable to us for any losses we may suffer or incur resulting from any Logon or use of the App or Logon Credentials by any person to whom you have provided or permitted Logon.

4. App development & Support

4.1. We may release new or updated App from time to time, however we're under no obligation to do so.

4.2. We will use reasonable efforts to provide you with prompt technical support for the App and Logon Credentials, however we do not provide any warranties or guarantees for any such support, including that it will be sufficient or satisfactory for your needs.

4.3. When we do release new App or additional features for the current App, you acknowledge that it will be at our sole discretion as to whether you will be advised or will have Logon to them. Where you are given Logon to the new or updated App, their use will be governed by these Terms.

4.4. Where we modify App being used by you that will materially and adversely impact their functionality, we will provide you reasonable notice of those changes.

5. Intellectual Property Rights

5.1. You acknowledge that you have no right, title, or interest in or to the App or the Logon Credentials, nor any other material supplied by us to you under these Terms, except as expressly provided. In particular, you acknowledge that the App, sample code, documentation, and trademarks/logos displayed or made available by us or produced in hardcopy form by us and our data, are our intellectual property rights and are protected under intellectual property laws. The information and images presented or received via the App or otherwise received from us may not be reproduced, republished, adopted, used, or modified under any circumstances.

5.2. The App, sample code, documentation, trademarks and logos provided on the App, and as may otherwise be provided by us are our intellectual property and are protected under Australian Trademark and copyright laws and other intellectual property laws. The information and images presented or received via the App and the Logon Credentials may not be reproduced, republished, adopted, used or modified under any circumstances and must not be used in any way that implies endorsement or sponsorship by us of you or any of your products, goods or services.

6. Revocation or Cancellation

6.1. If you are in breach of these Terms of Use or any User Requirements, we will give you seven days' written notice in which to remedy or rectify your breach. Where you fail to remedy or rectify, or in the case of a breach which can't be remedied or rectified, we have the right to revoke or cancel your right to use the App and any Logon Credentials.

7. Exclusion of Warranties

7.1. The App, Logon Credentials, any App documentation, all Logon and Use Requirements for the App and any other information provided, are provided "as is" and without warranties of any kind either express or implied. We do not warrant that the functions contained in the App will meet your requirements, be fit for your purposes, or that the operation of the App will be uninterrupted or free from errors or viruses.

7.2. Nothing in these Terms of Use, including clause 7.1, excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any law, including any consumer guarantees under the Australian Consumer Law (ACL) that cannot be lawfully excluded or limited.

7.3. Where permitted by law and providing it is reasonable for us to do so, we limit our liability for any breach to either re-supplying the Service, or paying the cost of re-supplying an equivalent service, or refunding the amount you have paid to us for the Service in respect of which the breach occurred.

8. Limitation of Liability and Indemnity

8.1. Save where otherwise provided herein, We will not be responsible for or liable to you or any other person, whether in contract, tort (including negligence), bailment or otherwise, for any loss or damage suffered, or that may be suffered, as a result of any act or omission by or on behalf of Us in relation to the use or performance of the App and any Logon Credentials, including:

• (a) losses arising from the unavailability of, or your inability to use the App and any Logon Credentials or any Services via the App;
• (b) losses that are not directly caused by any breach on our part;
• (c) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
• (d) any indirect or consequential losses; or
• (e) any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond our reasonable control.

8.2. To the maximum extent permitted by Law, the you indemnify us, and will keep us indemnified against any claim (including a third party claim) for any Indemnifiable Loss arising out of or in connection with any breach by you of your obligations under, or a representation or warranty made by you in, these Terms of Use.

9. General

9.1. Use of the App: The App is designed to manage roster data via a calendar interface and may integrate with third-party applications. You agree to use the App only for lawful purposes and in accordance with these Terms. You must not misuse the App by introducing viruses, scraping data, or attempting unauthorized access.

9.2. Third-Party Integration: The App may link to or integrate with third-party services. We are not responsible for the content, functionality, or data handling of third-party apps. Your use of third-party services is subject to their own terms and policies. You agree to fully indemnity and hold us harmless from and against all loss and damage suffered as a consequence of any third party integration into the App and your use of the same.

9.3. Notices: We will generally communicate with you electronically, including by e-mail and SMS, and where appropriate, by notification published on the Developer Centre or on the Developer Portal. Where your rights are materially affected, we will generally provide you with 30 days' notice of changes, although we reserve the right to provide you with a lesser period of notice as may be reasonable in the circumstances, such as in the case of cyber-attack or similar.

9.4. Variation: We reserve the right to revise and amend these Terms of Use (or vary the App and any Logon Credentials) as follows:

• (a) if we, acting reasonably, consider that the change is likely to benefit you, or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you; or
• (b) if we, acting reasonably, consider that the change is likely to have a significant detrimental impact on you, we will make the change after we have notified you in accordance with clause 9.1.

Your continued use of the App and Logon Credentials after we have notified you of an amendment will mean that you agree to that amendment. If you don't agree with an amendment, you may terminate your agreement with us and stop using the App and Logon Credentials.

9.5. Governing Law: These Terms of Use are governed by, and interpreted in accordance with, the laws of the State of Victoria, Australia, and both of us submit to the jurisdiction of the courts of that State.

9.6. Assignment: You may not assign or transfer your rights under these Terms of Use, or attempt or purport to do so, without our prior written consent (which may be withheld in the exercise of out unfettered discretion).

9.7. Severability: If any provision, or part of a provision, of these Terms of Use is found to be illegal or unenforceable, it will be severed from the Terms of Use, and the remainder of the Terms of Use will be construed as if that provision or part did not form part of the Terms of Use, unless the provision or part to be severed constitutes a material and fundamental element of the agreement between the parties.

9.8. Data & Privacy: We collect and process personal data in accordance with our Privacy Policy. By becoming a registered user and using the App, you consent to such processing and warrant that all data provided is accurate.

9.9. Incorporated Documents: You agree that our Privacy Policy and End User Licence Agreement form part of these Terms.

9.10. Contact us: For questions or concerns, contact us at: admin@aircrewpro.com

10. Definitions

Logon Credential means the authorisation credentials, whether in the form of password, digital password, security token, App Key or other digital security code supplied by us to access the App. Logon Credential includes credentials provided to you, and where applicable, credentials supplied by us to your end users who may be authorised by us.

App has the meaning set out in the preamble.

Aircrew Pro Pty Ltd, Aircrew Pro, We, Us or our means Aircrew Pro Pty Ltd.

Data means information and data that you provide to us for the purpose of accessing and using the App and the Logon Credentials, and any other data that we may collect (whether as user generated information or user behaviour information).

Use Requirements means all instructions, information and requirements for the access and use of the App and the Logon Credentials as may be advised or provided to you from time to time.

Schedule 1 – Premium Plan

Free content

1. You can access the free content within the App without subscribing to a Premium Plan.

Premium Plan, Data Use, and Devices

2. We offer a Premium Plan to enable you to access our Premium Services.

3. Premium Services means any services provided from time to time pursuant to a paid subscription, other than content available for use on the App as free content.

4. You are responsible for all costs arising from the use of a Premium Plan including, without limitation, all subscription, browsing/data charges and internet costs. Please contact your internet service provider or carrier network provider about these costs.

5. A Premium Plan may implement a limit on the number of devices that may be registered to your account at any one time.

Subscription and Payment

7. When you subscribe to a Premium Plan, you purchase a Plan for a specified subscription period displayed at the time of purchase (Subscription Period). You may do this via your User Account.

8. The price for the Premium Plan will be displayed at the time of purchase. You may receive offers or discounts from us or our approved third-party retailers from time to time and the terms of these offers or discounts will be displayed at the time of purchase.

9. Unless you cancel your Plan before the end of the Subscription Period, you authorise us to charge to your registered payment method in your User Account the subscription fee in advance of each Subscription Period. If you choose to pay via a third-party biller, this fee will be charged by that third party biller.

Third Party Billing of our Plans

15. If you elect to be billed for your Premium Plan via an approved third-party biller (if any), your fee will be charged by that third party and may be subject to additional third billing party terms which will be notified to you by the third party biller.

Auto-renewal and Cancellation of Plans

16. Your Premium Plan will automatically renew at the end of each Subscription Period for a further Subscription Period, unless you cancel the Plan. You may cancel your Premium Plan through your User Account at any time prior to your renewal date, or as otherwise specified by us or any third-party billing partner. Plans purchased through third-party partners may require cancellation through your account with the third-party partner, in accordance with its terms and conditions and prior to the renewal date. If you do not cancel by the relevant time we will automatically renew your Premium Plan and your nominated account/credit card will be charged for the next Subscription Period.

17. Cancellation of your auto-renewal will only be effective at the end of the current Subscription Period, and you will continue to have access to the Premium Services until the end of the relevant Subscription Period. No pro-rata refunds will be provided to customers that cancel during a Subscription Period.

Free Trials/Promotions

20. We may offer free trial periods of our Premium Plan from time to time. During a free trial period, you will not be required to pay any subscription fee for the relevant Plan. You may cancel your free trial subscription prior to the expiry of the free trial period. If you do not cancel your free trial subscription, you will be charged the fee in accordance with the Plan that you selected during your initial registration for the free trial.

21. We may also offer other promotional discounts or benefits (Promotion). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion or free trial in our discretion for the purposes of preventing abuse of the Promotion or free trial. Promotions and free trials may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms.

Permitted Uses

22. You must follow our reasonable instructions about how you use the Premium Services. You must not use a Service for any improper or unlawful purpose and you must not allow anyone else to do the same.

23. You must not circumvent, disable or otherwise interfere with security-related features of the Premium Service or any features which prevent or restrict the use, distribution or copying of a Premium Service or any content within a Premium Service. You must not alter or modify the content or Premium Service in any way.

24. You must not permit another person (other than a member of your household) to use your Premium Service.

User Generated Material

27. You are responsible for any content that you post and/or upload onto a Premium Service or in respect of which you communicate with other users (User Generated Material). You must not post, upload, communicate or otherwise make available User Generated Material:

• (i) which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• (ii) which is (or could reasonably be expected to be) cyber-bullying material targeted at an Australian child; cyber-abuse material targeted at an Australian adult; a non-consensual intimate image of a person; class 1 material (as defined in the Online Safety Act 2021 (Cth)); class 2 material (as defined in the Online Safety Act 2021 (Cth)); material that promotes abhorrent violent conduct; material that incites abhorrent violent conduct; material that instructs in abhorrent violent conduct; or material that depicts abhorrent violent conduct;
• (iii) which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) the rights of any other person, including material which is protected by copyright, trade mark or other intellectual property rights;
• (iv) which you know (or reasonably ought to know) to be false, misleading or deceptive;
• (v) which contains a virus or other harmful component;
• (vi) for commercial purposes or which contains any promotional material or advertising;
• (vii) which is an invasion of any privacy or publicity rights;
• (viii) which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability;
• (ix) which harms minors in any way; or
• (x) in a way that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.

28. Aircrew Pro Pty Ltd assumes no responsibility for monitoring a Premium Service for inappropriate User Generated Material. If at any time Aircrew Pro Pty Ltd elects, in its sole discretion, to monitor User Generated Material on a Streaming Service, we nonetheless assume no responsibility for any User Generated Material and no obligation to modify or remove any inappropriate User Generated Material.

29. Aircrew Pro Pty Ltd makes no warranties or representations and accepts no liability in relation to any User Generated Material including its content, adequacy, completeness or accuracy.

Questions or Concerns

30. Contact us at: admin@aircrewpro.com

End User Licence Agreement (EULA)

BY DOWNLOADING, INSTALLING, PURCHASING OR USING THE PRODUCT NAMED ABOVE, YOU CONFIRM THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND THE TERMS OF THIS AGREEMENT OR DO NOT INTEND TO BE BOUND BY THEM, DO NOT DOWNLOAD, INSTALL, PURCHASE OR USE THE PRODUCT.

This End User Licence Agreement (hereinafter, "Agreement") governs Your use of the following product(s) (which are hereinafter referred to as the "Product"): Aircrew Pro App

The Product may be more specifically described as follows: An App to provide for roster management and related services

We may also provide You with access to various other content, documentation, materials, information, goods or services. In this Agreement, these items collectively all form part of "the Product".

The Product is owned and operated by the following organisation (which is hereinafter referred to as the "Owner"): Aircrew Pro Pty Ltd ACN: 684 784 469

This Agreement constitutes a binding contract between You and the Owner. This Agreement will govern Your use of all versions, parts and features of the Product.

1. Definitions

"Agreement" means this agreement.

"Australian Consumer Law" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

"Identifying Information" means information provided by You when registering to use the Items, which may include but is not limited to Your name and email address, a user name and a password.

"Licence" means the licence created under this Agreement, as described under the "Licence" clause of this Agreement.

"Owner IP" includes, but is not limited to, the contents, code, layout, design, colours, appearance, graphics and imagery of the Product, as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product.

"Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively. "Party" means either You (the user of the Product) or Us (the owner of the Product).

"Product" means the product described above, the terms and conditions of which are accessible via the following URL: www.aircrewpro.com and includes any software, materials, documentation and content we provide.

"Us", "We", "Our", "the Company" or "the Owner" refers to Aircrew Pro Pty Ltd ACN: 684 784 469 (including its employees, affiliates, agents or other representatives). "You", "Your" or "User" refers to the user of the Product.

2. Interpretation

Rules of interpretation apply as customary (gender, singular/plural, persons, time in Victoria, business days, headings, steps to give effect, legislative references, document references, successors and assigns, and currency in AUD).

3. User Acceptance

By downloading, installing, using, purchasing or paying any Fee for the Product, You agree to be bound by this Agreement. If You do not agree, do not use the Product.

4. Licence

We grant You a non-exclusive, non-transferable, revocable, limited licence to use the Product.

5. Fees

Fees are charged and billed in accordance with the Aircrew Pro Terms of Use and may change with notice. Continued use constitutes acceptance of fee changes.

6. Goods and Services Tax

Unless otherwise stated, Fees exclude GST. Where GST applies, You must pay the GST Amount upon provision of a valid tax invoice.

7. Term

This Agreement is effective from first use and continues while You use, retain or pay for the Product, unless terminated under this Agreement or the Terms of Use.

8. Software Updates

Updates may be required and may be installed automatically. By using the Product you consent to such Updates.

9. Licence for One Computer or Device

Use is limited to one device unless you have valid licences for each device. No sharing or multi-user systems unless separately licensed.

10–16. Rights, IP, Replication, Modification, Derivatives, Security

This is a licence (not a sale). All IP remains with the Owner. You must not copy, modify, create derivative works, reverse engineer, or distribute the Product. Do not disclose performance data without consent.

17–20. Prohibited Uses

No unlawful, commercial, spam or abusive use. Do not violate rights of others, upload harmful software, perpetrate fraud or publish obscene/defamatory material.

21. User Registration

Provide accurate information and keep credentials secure. Misuse may result in termination.

22–23. Privacy & Consent to Data Use

See our Privacy Policy at www.aircrewpro.com. You consent to data use consistent with that Policy and this Agreement.

24. No Transfer, Assignment or Sub-Licence

This Licence is non-transferable and may not be assigned or sub-licensed without our consent.

25. Limitation of Liability

To the maximum extent permitted by law, our liability is limited as described, subject to Your Statutory Rights under the Australian Consumer Law.

26. User Warranties

You warrant legal capacity, age and compliant use. Representatives warrant authority to bind their organisation.

27. User Indemnity

You indemnify us for losses arising from your use or breach, except where caused by our gross negligence, wilful misconduct or bad faith.

29–30. Maintenance & Service Interruptions

Access may be interrupted for maintenance or emergencies. We are not liable for resulting losses.

31–35. General Provisions

Includes governing law (Victoria), language, cumulative rights, survival, waiver, severability, third-party services, and relationship to Terms of Use.

36. Contact Us