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Create your free CloudAhoy account by entering your information on the right. You will receive an email with sign-in information.
After creating the account, install the free CloudAhoy app from Apple's App store, run the app and login. More...
The CloudAhoy app is currently available only in the United States (see the FAQs).
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TERMS OF USE

Welcome to CloudAhoy!

      CloudAhoy, Inc. (“CloudAhoy”, “we” or “us”) operates this website (the “Website”) and the CloudAhoy flight de-brief service offered through the Website and the CloudAhoy app (collectively, the “Services”). By registering with CloudAhoy or by using the Website or the Services, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY AND CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE. Each of CloudAhoy’s customers may also be subject to separate written agreements with CloudAhoy with respect to license of the CloudAhoy app from the Apple AppStore (the “License Agreement”). This Agreement applies only to the Services and in no way affects the validity of the License Agreement. 

1. 	Conditions on Using the Website and Services.

      The Website and Services are the property of CloudAhoy.  Except as expressly provided below in the case of User Data (as defined below), all the data, information, text, images, designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Website, and any of the foregoing sent to you by e-mail or other means (collectively, the “Site Content”) are proprietary to us or to third parties.

      CloudAhoy authorizes you to use the Services and access, view, use, download and print the Site Content subject to the following conditions:  you may only use the Services, and download, access and print the Site Content, in reasonable limited quantities for your personal, non-commercial use;  you may use the “flight sharing” options offered by the Service to share your User Data with other registered users of the Service, provided that you shall remain responsible for the use of User Data by third parties;  you may not modify the Site Content;  any displays or print outs of the Site Content must be marked “© CloudAhoy, Inc. 2010-2011. All rights reserved.”; and  you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Services, the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of CloudAhoy. 

      All software used on the Website is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.  Without limitation of the foregoing, in no event shall you reverse engineer or otherwise use the Services or Website in connection with the development of any product or service that competes with the Website or Services.

      The marks CLOUDAHOY, and the CloudAhoy logo are registered or unregistered trademarks of CloudAhoy, and may not be used in connection with any service or products other than those provided by CloudAhoy, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CloudAhoy. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.

      You agree, and represent and warrant, that your use of the Services, the Website and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the Website, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.

2.	Your Data

      You are solely responsible for all data that you upload or transmit with us through the Website or the Services (collectively, the “User Data”). Do not transmit User Data you do not have permission to send to CloudAhoy. You are responsible for creating backup copies of any User Data. By providing us with User Data you:

      (a)	Authorize us to make copies as we deem necessary in order to provide the Services to you; 

      (b)	Give us, and you promise that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license to use your User Data for the purpose of delivering the Services to you, if you enable flight sharing to disclose your User Data in accordance with your flight sharing options, and if you are a school or club participant to disclose your User Data to your school or club administrators; and

      (c)	Represent and warrant that you own all proprietary rights in your User Data or, with respect to any User Data you do not own, you have the full authority and right to transmit the User Data and to grant the licenses granted hereunder, and that the exercise by CloudAhoy of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party.

      CloudAhoy is under no obligation to edit or control User Data that you transmit, and will not be in any way responsible or liable for User Data or your use of it.  Subject to the rights granted to us in this Agreement, you own all of your User Data and any intellectual property rights associated with your User Data.

3.	Services Restrictions.

	No user of the Website shall:

      (a)	Submit, post, upload to, distribute or otherwise use, any User Data (i) in violation of, or in connection with any violation of, any local, state, national or international laws; (ii) that is libelous, defamatory, threatening, abusive, scandalous, obscene or pornographic; (iii) that contains advertising or promotional material or constitutes commercial activity of any sort or, in the sole discretion of CloudAhoy, constitutes “spam”; (iv) that infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (v) that contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury, loss or damage to the material’s readers or others; or (vi) that contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

      (b)	Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Data;

      (c)	Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent; or

      (d)	Engage in any other conduct that interferes with the Website, Site Content, or Services or that restricts or inhibits any other person from using or enjoying the same, or which, in CloudAhoy’s sole judgment, exposes CloudAhoy or any of their officers, directors, employees or agents to any liability or detriment of any type.

4.	Minors.

      You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13.  If you are a school or club administrator opening accounts for participants in school or club programs: (a) it is your obligation to obtain the agreement of any such participants to this Agreement and the Privacy Policy, before providing account details to such participants; and (b) if you fail to comply with the foregoing obligation, you shall be liable for any breach of this Agreement by any such participants.  

5.	Links Third Party Websites.

      The Website may contain links to third-party websites. Any linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by CloudAhoy. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

6.	Ideas Submitted to CloudAhoy.

      In the event that you submit ideas or suggestions for the Website, Site Content or Services (“Services Comments”), the Services Comments will be deemed, and will remain, the sole property of CloudAhoy. None of the Services Comments will be subject to any obligation of confidence on the part of CloudAhoy, and CloudAhoy will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, CloudAhoy will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments. 

7.	Software Available on the Website

	Software (if any) that is made available to download from the Websites or the Apple AppStore (“Software”), is the copyrighted work of CloudAhoy and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the terms of the License Agreement.

8.	Warranty Disclaimers and Limitations of Liability.

      You use the Services, the Site Content and the Website at our own risk, and you acknowledge that you are responsible for verifying and confirming the quality, performance, accuracy and reliability of the Services and of any data obtained by you from the Services.  The Services, Website and Site Content are provided in “AS IS” condition, and CloudAhoy EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING:  ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE;  THAT THE SERVICES, WEBSITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;  AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE SITE CONTENT; AND  AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from CloudAhoy, or through the Services, the Website or Site Content will create any warranty not expressly stated herein.

	WITHOUT LIMITATION OF THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (I) ARE INFORMATIONAL IN NATURE ONLY, AND ARE NO SUBSTITUTE FOR YOUR OWN JUDGMENT; (II) SHOULD BE CONFIRMED WITH RELIABLE SOURCES; AND (III) ARE NOT FOR IN-FLIGHT USE, DO NOT CONSTITUTE ANY FORM OF AVIATION EDUCATION OR TRAINING, AND ARE NOT A SUBSTITUTE FOR FLIGHT INSTRUMENTS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR AVIATION EDUCATION AND TRAINING NEEDS.

      THE SERVICES, SITE CONTENT AND WEBSITE ARE NOT INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE SERVICES, SITE CONTENT OR WEBSITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

      UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM CLOUDAHOY ANY DIRECT,  INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES, WEBSITE OR SITE CONTENT, EVEN IF CLOUDAHOY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  IN THE EVENT THAT THE FOREGOING SENTENCE IS NOT ENFORCEABLE, CLOUDAHOY’S MAXIMUM AGGREGATE LIABILITY TO YOU WITH RESPECT TO ANY DAMAGES ARISING IN CONNECTION WITH USE OF THE SERVICES, WEBSITE OR SITE CONTENT SHALL BE $10, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.  THE FOREGOING REMEDIES AND LIMITATIONS SHALL APPLY NOTWITHSTANDING THAT ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

      SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

9.	Indemnity

      You shall defend, indemnify and hold harmless CloudAhoy against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with (a) your use of the Website or Services or your breach of any provision of this Agreement; (b) any use of User Data by any third party to whom you provide User Data or any access to or benefit from the Website or Services; and (c) if you are a school or club administrator, any use of the Website or Services by any participants that you register for the Website or Services.  CloudAhoy reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder.  You will cooperate with CloudAhoy with respect to such defense and settlement.

10.	Link to the Privacy Policy.

      CloudAhoy operates the website under the PRIVACY POLICY published at [Insert Link to Privacy Policy]. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience. 

11.	Applicable Law and Jurisdiction; Compliance.

      You and CloudAhoy agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of The Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Services from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.

12.	Modifications

      CloudAhoy reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other CloudAhoy policies before using the Website.  Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

13.	Miscellaneous Provisions.

      No delay or omission by CloudAhoy in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by CloudAhoy of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to”  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and CloudAhoy regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

Effective Date of Terms: 12-May-2011.
Please review the Terms of Use above.
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