Terms and Conditions for SimFly

Effective date: 20st April 2024

1. Introduction

1.1 Purpose and Scope: These Terms and Conditions (the “Terms”) govern your access to and use of the services provided by SimFly Pte. Ltd. (“SimFly”), including the SimFly website (https://simfly.io/), the SimFly online shop (https://shop.simfly.io/), the SimFly client application, digital assets, and other related services (collectively, the “Services”).

1.2 Acceptance of Terms: By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services or use any services.

2. Definitions

2.1 “NFTs” refer to non-fungible tokens representing digital assets such as pilot licenses, airplanes, and airports, which are unique and exist on the blockchain.

2.2 “PAX Tokens” are ERC-20 tokens earned through participation in SimFly missions and use of digital assets within the SimFly ecosystem.

2.3 “Digital Assets” include any digital goods, including but not limited to pilot licenses, airplanes, and airports, represented as NFTs on SimFly’s platform.

3. User Registration and Account Management

3.1 Account Creation: To use certain features of the Services, you must register for an account (“SimFly Account”) and provide certain information about yourself as prompted by the account registration form.

3.2 User Responsibilities: You are responsible for maintaining the confidentiality of your SimFly Account login information and are fully responsible for all activities that occur under your SimFly Account.

4. Use of the SimFly Platform

4.1 Permitted Uses: You may use the Services only for lawful purposes and in accordance with these Terms.

4.2 Access to SimFly Client: The SimFly client application must be downloaded and installed on your computer to engage with the game dynamics of SimFly. The client collects and transmits data necessary for operating within the SimFly ecosystem.

5. Digital Assets: NFTs

5.1 Nature of Digital Assets: The NFTs traded on SimFly represent digital ownership of various assets within the SimFly ecosystem, including pilot licenses, airplanes, and airports.

5.2 Ownership and Transfer: Ownership of an NFT is governed by the blockchain, and any transfer of NFTs will occur within the blockchain network. SimFly does not hold responsibility for the transfer, loss, or management of NFTs once they are claimed by users.

6. PAX Tokens

6.1 Acquisition: Users earn PAX Tokens through successful completion of missions within the SimFly ecosystem and by utilizing their NFTs.

6.2 Conversion and Transfer: Users may claim PAX Tokens as ERC-20 tokens on the Ethereum blockchain. The transfer and management of PAX Tokens are the sole responsibility of the user once claimed.

7. Intellectual Property Rights

7.1 Content and Trademarks: All intellectual property rights in and to the Services, including but not limited to content, trademarks, logos, and the underlying technology, are owned by or licensed to SimFly.

7.2 User-Generated Content: Users may create or upload content within the SimFly ecosystem. By submitting content, users grant SimFly a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content in connection with the Services.

8. User Interactions and Conduct

8.1 Community Guidelines: Users must adhere to the community guidelines set forth by SimFly, promoting a respectful and positive environment.

8.2 Prohibited Activities: Users are prohibited from engaging in illegal activities, harassment, infringement of intellectual property, and other activities that disrupt the operation of the Services or harm other users.

9. Data Collection and Privacy

9.1 Types of Data Collected: SimFly collects personal information (e.g., name, date of birth, email address) and game-related data (e.g., flight simulator data).

9.2 Use and Protection of Personal Data: Personal data is used to provide and improve the Services, and is protected in accordance with SimFly’s Privacy Policy and applicable laws.

10. Flight Data and Analytics

10.1 Collection and Use of Flight Data: The SimFly client collects flight data, which is used to evaluate user performance and allocate rewards.

10.2 Sharing and Display of Flight Data: Flight data, excluding personal information, may be displayed publicly on the SimFly website for other users and visitors to view.

11. Asset Upgrades and Levels

11.1 Mechanics of Upgrading Assets: Users can upgrade the level of their digital assets (NFTs) based on the asset’s usage in the game.

11.2 Impact of Levels on Asset Performance: Higher-level assets yield greater rewards, including increased PAX token earnings.

12. Marketplace Transactions

12.1 Buying, Selling, and Renting Digital Assets: Users can engage in transactions involving digital assets on the SimFly platform.

12.2 Pricing and Transaction Rules: Transactions must comply with the terms set by SimFly, and prices are determined by the market or asset owners.

13. Earnings and Rewards

13.1 Earning Mechanisms for Asset Use: Users earn rewards, including PAX tokens, based on their use of digital assets and performance in missions.

13.2 Distribution and Claiming of Rewards: Rewards are distributed in accordance with the rules set by SimFly and can be claimed as per the procedures outlined on the platform.

14. Refund and Cancellation Policy

14.1 Policy: Please refer to the Refund Policy for more information on this section.

15. International Use and Compliance

15.1 Jurisdictional Considerations: SimFly is accessible globally; however, users are responsible for ensuring that their use of the Services complies with local laws and regulations.

15.2 Compliance with Local Laws: Users must adhere to the laws applicable in their jurisdiction, especially regarding digital transactions and online conduct.

16. Age Restrictions and Consent

16.1 Age-Related User Eligibility: Users must be of a certain minimum age, as dictated by their local jurisdiction, to create an account and engage with SimFly’s Services.

16.2 Parental Consent Requirements: For users below the age of majority, parental consent is required to use the Services, in compliance with international child protection laws.

17. Liability and Disclaimers

17.1 Limitations of SimFly’s Liability: SimFly shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data, or other intangible losses.

17.2 Disclaimer of Warranties: The Services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose.

18. Indemnification

18.1 User Responsibility for Damages: Users agree to indemnify and hold harmless SimFly, its officers, directors, employees, and agents, from any claims, liabilities, damages, losses, and expenses arising from or related to the user’s use of the Services.

18.2 Indemnity Obligations: This includes, but is not limited to, any breach of these Terms, any violation of law or the rights of a third party, and any content submitted to the Services by the user.

19. Breach and Termination

19.1 Consequences of Violating Terms: Violation of any of these Terms may result in actions taken by SimFly, including but not limited to termination of the user’s account and legal action.

19.2 Termination of Access to SimFly: SimFly reserves the right to terminate or suspend access to its Services for any reason, including breach of these Terms.

20. Changes to Terms and Conditions

20.1 Notification of Amendments: SimFly reserves the right to modify or replace these Terms at any time. Notice of any changes will be posted on the SimFly website or communicated to users via email.

20.2 Acceptance of Revised Terms: Continued use of the Services after changes to these Terms constitutes acceptance of the revised Terms.

21. Governing Law and Jurisdiction

21.1 Applicable Law: These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

21.2 Jurisdiction for Disputes: Any disputes arising from or relating to the Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Singapore.

22. Dispute Resolution

22.1 Methods for Resolving Disputes: In the event of a dispute arising from or related to these Terms or the Services, users are encouraged to contact SimFly directly for an amicable resolution.

22.2 Arbitration Agreement: If a dispute cannot be resolved through direct communication, the parties agree to submit the dispute to binding arbitration in Singapore, in accordance with the rules of the Singapore International Arbitration Centre.

23. Force Majeure

23.1 Exemption for Uncontrollable Events: SimFly shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SimFly’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

23.2 Impact on Service Obligations: Under force majeure circumstances, SimFly may suspend or terminate the Services without being liable to users for any damages or losses resulting from such suspension or termination.

24. Miscellaneous Provisions

24.1 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

24.2 No Waiver of Rights: The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

25. Contact and Feedback

25.1 Contact Information for SimFly: For any questions, concerns, or disputes regarding the Services, users can contact SimFly through the contact information provided on the SimFly website.

25.2 Mechanism for User Feedback: SimFly values user feedback and suggestions. Users are encouraged to provide feedback through the channels made available on the website.

26. SimFly Affiliate Program

26.1 Honest Advertising: Avoid false or misleading claims about SimFly. All promotions should be accurate and lawful.

26.2 No Spamming: Use legal, consensual methods for promotional messages. Spamming is prohibited.

26.3 Respect Intellectual Property: Do not use SimFly’s trademarks or copyrighted materials without permission.

26.4 Legal Compliance: Ensure all promotions comply with laws and regulations in your area

26.5 Affiliation Termination: SimFly may terminate your affiliation for violations or harmful actions.

26.6 Payment Terms: Commissions are paid monthly, subject to a minimum threshold (must have qualified to at least level 1), via your chosen method.

26.7 Terms Modification: SimFly can change these terms without notice. Regularly review them for compliance.


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