Terms and Conditions

TERMS AND CONDITIONS OF USE
SimFly Pte. Ltd. – Last updated: 29 May 2025

IMPORTANT – PLEASE READ CAREFULLY. By accessing or using any Service (as defined below) you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, do not create an account, download the SimFly Client, or otherwise use any part of the Services.

1 DEFINITIONS

“SimFly“, “we“, “our” means SimFly Pte. Ltd., a company incorporated in the Republic of Singapore.

“Services” means collectively the websites located at simfly.io (including all sub‑domains such as shop.simfly.io, forum.simfly.io, wiki.simfly.io), the SimFly software client, associated APIs, in‑game marketplace, digital items, PAX Tokens, support channels, and any other product or service provided by SimFly now or in the future.

“Digital Asset” means any in‑game item (including pilot licences, aircraft, airports, upgrades, points or similar) or PAX Token existing solely inside the Services.

“PAX Token” means a unit of account with utility value inside the SimFly ecosystem only. It is not a form of investment, and has no intrinsic monetary value outside the platform and is not a security, currency, deposit, or financial instrument.

“User“, “you” means the natural or legal person that creates or controls a SimFly Account.

2 SCOPE & ACCEPTANCE

2.1 These Terms constitute a legally binding agreement between you and SimFly and apply to all use of the Services.

2.2 By installing, registering, or using any portion of the Services you affirm that you are at least 18 years old (or the age of legal majority in your jurisdiction) and capable of entering into this agreement, or that a parent or legal guardian has agreed to these Terms on your behalf.

3 ACCOUNT REGISTRATION & SECURITY

3.1 Single‑User Obligation. You may only access the Services through a valid SimFly account (“Account”). Automated account creation or operation is prohibited.

3.2 Accuracy. All information provided during registration or later must be truthful, complete, and kept up‑to‑date.

3.3 Credentials. You are solely responsible for safeguarding login details and for all activity that occurs under your Account. SimFly is not liable for any loss arising from unauthorised use.

3.4 Multiple Accounts. You may own multiple Accounts, but you may not:
• operate two Accounts concurrently on the same computer, or
• operate a single Account on more than one device at the same time.
SimFly may restrict or merge Accounts that violate this rule.

4 LICENCE & PERMITTED USE

4.1 Licence Grant. Subject to these Terms, SimFly grants you a limited, revocable, non‑exclusive, non‑transferable licence to download and use the SimFly Client and to access the Services for personal, non‑commercial entertainment purposes.

4.2 Prohibited Conduct. You agree not to:
• reverse engineer, decompile, or disassemble any Service;
• use cheats, bots, exploits, automation, or any unauthorised third‑party software;
• interfere with, disrupt, or abuse other Users or SimFly’s infrastructure;
• attempt to gain unauthorised access to any Account or data.

5 DIGITAL ASSETS & MARKETPLACE

5.1 Ownership. Digital Assets are currently licensed, not sold. You receive a limited, revocable licence to use them solely inside the Services, and no title or ownership rights transfer to you at this stage.

If, in the future, SimFly introduces a Web3 (or comparable) layer that places Digital Assets on a public‑blockchain smart‑contract, those specific assets will—upon migration—confer full on‑chain ownership in accordance with the rules of that protocol. After such migration you will be free, subject to applicable law and technical constraints, to hold, transfer, or trade the blockchain‑based version of the asset outside the Services without needing SimFly’s further permission.

5.2 Marketplace (Buy/Sell). The in‑game marketplaces enables Users to buy assets from SimFly, and buy or sell Digital Assets directly with one another for PAX Tokens or USD (or any additional payment method that SimFly may introduce). All marketplace trades are final and non‑refundable.

5.3 Selling Digital Assets for USD
When you sell a Digital Asset through the official marketplace and the price is denominated in United States Dollars (USD), the proceeds are credited to your personal fiat wallet within SimFly at the moment the transaction is settled.

5.4 Trading PAX Tokens for USD
You may convert PAX Tokens into USD only by selling them to other users through the same marketplace workflow. The USD amount agreed in the trade is credited to your fiat wallet.

5.5 Using the Fiat Wallet
Funds held in your fiat wallet may be used to (a) purchase Digital Assets or PAX Tokens on the marketplace, or (b) initiate a withdrawal to an approved external payment destination.

5.6 Withdrawals to Bank or PayPal
Subject to successful identity verification (KYC), applicable fees, and any minimum withdrawal thresholds, you may transfer the available USD balance to a bank account in your name or to a verified PayPal account. Processing times vary according to the selected payout method and intermediary banking networks.

5.7 No Off‑Platform Transfers of Digital Assets or PAX
Digital Assets and PAX Tokens cannot be redeemed for cash or moved outside the Services except (a) by first converting them into USD through the marketplace as described above, or (b) as otherwise permitted under Section 5.1 in the event of a future Web3 migration that grants on‑chain ownership.

5.8 Regulatory Holds and Compliance Reviews
SimFly may delay, refuse, or reverse a withdrawal or marketplace transaction where required to comply with law, enforce fraud‑prevention controls, or complete security or compliance reviews.

5.9 Adjustments and Balancing
SimFly may add, modify, revalue, restrict, or remove any Digital Asset, PAX Token rule, payout mechanism, or marketplace feature at any time in order to maintain game balance, economic stability, or legal compliance. Such changes may affect the perceived value or utility of Digital Assets, and no compensation or refund will be due.

6 PAX TOKENS

6.1 PAX Earning Mechanics
The primary source of earnings is the operational use of owned assets: each time you fly an airplane, facilitate a landing or take‑off at your airport, or log PAX‑eligible flight hours under a pilot licence, the system awards PAX according to the asset’s current level or rank: higher‑tier assets receive larger payouts and experience shorter cooldowns. Airports may earn PAX only up to a defined number of paid movements per cycle, airplanes must observe a ground‑maintenance interval between flights, and licences include timers that cap the number of remunerated flight hours before reset. Owners can additionally place airplanes into the Airplane Rental mission, allowing renters to earn a bonus while the owner earns PAX simultaneously; in both cases the tokens are newly minted by SimFly, not transferred from the renter. Further PAX incentives may be granted through milestone flights, seasonal events, or other special missions. SimFly may revise payout formulas, limits, and cooldowns at any time to maintain economic balance. Importantly, when a pilot lands at an airport owned by another User the airport owner’s reward is minted by SimFly, no PAX is charged to the landing pilot. PAX Tokens are minted by SimFly and credited to Users whenever qualifying actions occur; they are never taken from another User.

6.2 PAX Spending Mechanics
Within the Services, PAX function as the internal currency for premium actions. Users may spend PAX to upgrade an asset’s level or grade (once usage conditions are met), to relocate an airplane or licence without performing a ferry flight, or to access additional convenience features, cosmetic items, or other options that SimFly may introduce. PAX paid for such purposes may be burned, locked, or otherwise removed from circulation at SimFly’s discretion. Available spending options, requirements, and prices may change without notice as part of the ongoing balancing of the SimFly economy.

6.3 Token Supply Mechanics
A PAX Token comes into existence (“minting”) only when a User earns it, whether through normal gameplay, milestone events, or other authorized rewards, and it is destroyed (“burning”) the moment a User spends it at checkout or to pay any in‑game fee. Consequently, the circulating supply of PAX always equals the total amount that has been earned and not yet spent.

SimFly may mint additional PAX solely under the following limited circumstances, in amounts proportionate to the size of the existing economy so as not to distort it: (i) promotional or marketing initiatives; (ii) milestone rewards, contests, or special events; (iii) reimbursement of Users for technical issues; and (iv) settlement of marketplace sales where the buyer pays partly in USD and partly in PAX a sale made in PAX: in that situation the USD component is automatically converted into newly minted PAX so that the seller receives the entire payment in PAX.

Except as set out above, no PAX may be created, pre‑allocated, pledged, or otherwise distributed in advance. SimFly may burn, limit, or convert PAX if necessary to maintain economic stability or comply with legal or technical requirements.

7 SUBSCRIPTIONS

7.1 Overview. SimFly offers an optional subscription service (“Premium Membership”) that unlocks enhanced functionality while leaving the core game loop fully accessible under the free plan. Subscriptions are not required to use the Services.

7.2 Subscription Tiers.
Free Plan. Provides access to the core SimFly experience, including participation in standard missions, the ability to earn and spend PAX Tokens and Experience Points, use of basic flight‑tracking and reporting tools, and visibility of essential asset information.
Premium Memberships. Unlocks enhanced functionality, which may include higher profit‑sharing percentages, advanced analytics and detailed reports, access to exclusive or priority events and missions, periodic free asset relocations, cosmetic badges, status perks, and any other premium‑only features that SimFly elects to introduce. Multiple Premium tiers may be offered; the specific benefits associated with each tier are listed on the SimFly pricing page and may change from time to time.

7.3 Term and Auto‑Renewal. Premium Memberships are sold on a monthly or yearly basis. Yearly plans are priced to provide an overall discount equivalent to approximately twenty percent (20 %) versus twelve consecutive monthly payments. Unless cancelled at least twenty‑four (24) hours before the current term expires, a subscription will renew automatically for an additional term of identical length.

7.4 Payment Method and Currency. Subscriptions can be purchased only with United States Dollars (USD) through an approved payment provider. PAX Tokens or other in‑game currency may not be used to pay subscription fees.

7.5 Cancellation and Refunds. You may cancel a subscription at any time via your account‑management page. The cancellation takes effect at the end of the current paid term; no partial or prorated refunds are granted except where required by law. After expiry your account reverts to the Free Plan, but you retain all Digital Assets previously acquired.

7.6 Feature Changes. SimFly may add, remove, or change Premium features or pricing at its sole discretion. Material increases in price will be notified at least thirty (30) days in advance and will apply only to the next renewal term. Reductions in Free‑Plan capability are prohibited: Premium features operate as additions or accelerations and may not lock or degrade baseline asset performance.

7.7 Non‑Transferability. A Premium Membership is personal to your Account and may not be transferred, resold, or shared.

8 USER‑GENERATED CONTENT

8.1 You may upload, stream, or otherwise create content (“UGC”) via the Services.

8.2 Licence to SimFly. You grant SimFly an irrevocable, worldwide, royalty‑free, sublicensable licence to host, reproduce, adapt, publish, translate, distribute, publicly perform and display UGC for any purpose connected with the Services.

8.3 You represent that you have all necessary rights to grant the above licence and that your UGC does not infringe any third‑party rights.

9 UPDATES & PATCHES

8.1 SimFly may deploy patches, updates, or changes that modify or delete features, Digital Assets, or data structures. You consent to automatic updates without additional notice.

10 FEES, TAXES & REFUNDS

10.1 Prices for Digital Assets, subscriptions, or premium features are displayed at the time of purchase and may change at any time without prior notice.

10.2 All payments are non‑refundable except as expressly stated in our separate Refund Policy, which is incorporated herein by reference.

10.3 SimFly has no obligation to refund any fee or expense incurred before a change to these Terms or to the Services, even if such change reduces or eliminates a feature previously available.

11 AFFILIATE PROGRAM

SimFly operates an Affiliate Program that allows approved Users (“Affiliates”) to earn commissions on sales generated through their unique referral links or discount‑coupon codes. Each purchase completed by a referred User is attributed to the Affiliate, and commissions are calculated on a tiered schedule that increases with the total net sales volume generated in a calendar month. Coupon codes both discount the buyer’s price and establish referral attribution. Commissions are paid in USD once per month, provided the accrued amount exceeds SimFly’s published minimum‑payout threshold. All commission calculations are performed solely by SimFly and are final, non‑negotiable, and not subject to external audit. Full programme rules (including tier thresholds, payout timing, and prohibited promotional practices) are available at shop.simfly.io/affiliate (or successor URL) and may be amended, suspended, or terminated by SimFly at any time without liability.

12 PRIVACY & DATA COLLECTION

Use of the Services is also governed by the Privacy Policy and Cookie Policy, which form part of these Terms.

13 TERM; SUSPENSION; TERMINATION

13.1 These Terms apply from the moment you first access any Service and remain in effect until terminated by either party.

13.2 SimFly may suspend, restrict, or terminate your Account, Digital Assets, or access to any Service at any time, with or without notice, if SimFly believes you have violated these Terms, applicable law, or the spirit of fair play.

13.3 Upon termination, all rights granted to you cease, and you will lose access to the Services and any Digital Assets or PAX Tokens without compensation.

14 DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMFLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, TITLE, CONTINUITY, AVAILABILITY, ACCURACY, OR ERROR‑FREE OPERATION.

15 LIMITATION OF LIABILITY

15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, SIMFLY, ITS DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR GOODWILL) ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF SIMFLY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 IN NO EVENT SHALL SIMFLY’S AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO SIMFLY FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM (OR SGD 100 IF NO SUCH PAYMENTS HAVE BEEN MADE).

16 INDEMNITY

You agree to indemnify, defend, and hold harmless SimFly and its affiliates from any claim, loss, or expense (including legal fees) arising out of your breach of these Terms, UGC, or misuse of any Service.

17 CHANGES TO TERMS

17.1 Right to Amend. SimFly may revise these Terms or any incorporated policy at any time. The “Last updated” date will change when modifications are posted.

17.2 Continued Use. Continued access or use of the Services after any change constitutes your binding acceptance of the updated Terms. If you disagree, your sole remedy is to stop using all Services and delete your Account.

18 GOVERNING LAW & DISPUTE RESOLUTION

18.1 These Terms are governed by the laws of the Republic of Singapore, without regard to conflict‑of‑laws principles.

18.2 Forum. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Singapore.

18.3 Class Action Waiver. You agree to resolve disputes with SimFly only on an individual basis, not as a plaintiff or class member in any purported class, collective, or representative action.

19 MISCELLANEOUS

19.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force.

19.2 Force Majeure. SimFly shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.

19.3 Assignment. SimFly may assign, subcontract, or transfer its rights and obligations under these Terms at any time. You may not assign these Terms without SimFly’s prior written consent.

19.4 Entire Agreement. These Terms (together with any policies incorporated by reference) constitute the entire agreement between you and SimFly relating to the Services and supersede any prior agreements.

20 CONTACT INFORMATION

Questions, complaints, or legal notices should be directed to:

SimFly Pte. Ltd.
Email: info@simfly.io
Mailing Address: (see corporate contact page)