Welcome to Worsky!
By using the Worsky service, you express your agreement to these terms;
If you do not agree with these Terms or any of its parts, you are prohibited and must refrain from using the Service.
The following key points of the Terms are highlighted here for your convenience only. These key points do not replace the full Terms and their presence in this section does not mean that they are intended to replace or replace any other terms or conditions provided by Worsky. Aeronautical information prevails. The information provided by the Service is not intended to replace information provided by Organs official agencies of each country, such as direction of flight, restrictions based on weather, restrictions on landings and takeoffs, prohibited flight areas, signs on approved flight maps, signs of landing and take-off by visual instruments or signals, inspection by an authorized body, etc.
Careful piloting and always in front of the aircraft. Always fly with surveillance in accordance with the flight conditions and the laws of your country or continent. It is permitted to send air traffic updates (such as updates on accidents, flying objects, such as balloons, leisure light, unidentified aircraft, gliders, parachutes, fog, windshear, rain, etc.), interact non-verbally with the Service or use the Non-verbal service for any purpose, however, these general aeronautical updates or non-verbal reports that you wish to send to the Service can only be sent after you have landed. Alternatively, such updates can be sent by the co-pilot who is not the commander in flight, as long as it does not interfere with the operational flight routine and does not distract the cabin procedure.
Non-continuous updates. The information provided by the Service comes from other users of the Service. This information is inherently fluctuating and may be inaccurate, incomplete or out of date. Worsky makes no guarantees as to the credibility or reliability of this information.
Adverts. Third party advertisements may appear on the Service from time to time. Worsky does not endorse these ads, and the ads are not intended, nor should they be, seen by pilots, unless and until the plane is stopped on the ground, or stabilized at cruise level without an operational routine.
The Internet connection required to use the Service and any associated charges (for example, mobile data charges) incurred in using the Service are your sole responsibility and are done solely at your expense. Transmitting and receiving real-time updates of any Service reports or data requires an online connection (for example, Wi-Fi, 3G, 4G) between your mobile device and the Internet. The charges for such a connection are prescribed by the contract between you and your communication service provider (such as your cell phone company) and in accordance with the applicable payment terms.
Free software. The Service uses software to display maps, updates and aeronautical information. The Service, its database, Worsky trademarks, the design of the Service maps and the voice files integrated into the Software - are not free software for redistribution or modification.
Your age. The Service is intended for use by users who are of the legal age required to have a pilot's license. In any case, to use our Service, you must be 16 years of age or older. If you are under the age of 16, you may not download or use the Service. Accounts of users under the age of 16 will be canceled and deleted by Worsky after receiving the notification.
WHAT IS THE SERVICE The Service allows aircraft pilots to navigate to the desired airport. It allows pilots to assemble and update maps to reflect the conditions of airways and airports and the occurrences on them, such as congestion, accidents, incidents, balloons, hazards during landing or takeoff, weather conditions, etc. The Service is provided primarily through the Software. THE LICENSE Worsky service. Worsky grants you a free, non-exclusive, time-limited, non-transferable, non-sublicensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.
The free version of the software. With respect to cell phones using the free software version of the Software, the Software is free software; however, you cannot redistribute or modify it.
USING THE SERVICE You may use the Service only for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer a third party your own service using the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the service to the public through communication or integrate it with a service of your choice, without Worsky's prior written consent. For clarity, the examples listed are made for illustrative purposes only; they are not an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data from the Site or the Service database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
When using the Service or the Site, you may not engage in extraction, data mining, collection, screen capture, data aggregation and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service database for any purpose without the express prior written permission of Worsky.
The Software may not be used in any way that is not expressly permitted by these Terms.
USE RESTRICTIONS There are certain types of conduct that are strictly prohibited in the Service. Read the following restrictions carefully. Failure to comply with the provisions set out below may result (at Worsky's sole discretion) in terminating your access to the Service and may also expose you to civil and / or criminal liability.
You cannot, either by yourself or by any other means or person:
(i) copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Content included in the Service and / or Site, or in any way or publicly display, execute or distribute them;
(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Worsky's prior written consent;
(iii) create a browser or border environment around the Content (for example, without frames or inline links);
(iv) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others, or collect or collect personal information about visitors or users of the Service and / or Site without their express consent, including the use of any robot, spider, website search or retrieval application or other manual or automatic device or process to retrieve, index or mine data;
(v) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of third parties, including third party copyrights and other intellectual property rights;
(vi) transmit or otherwise make available in connection with the Service and / or the Website any virus, worm, Trojan horse, time bomb, web bug, spyware or any other computer code, file or program that can or has the intention to damage or hijack the operation of any hardware, software or telecommunications equipment or any other code or component that is real or potentially harmful, disruptive or invasive;
(vii) interfere with or interrupt the operation of the Service and / or Site, or the servers or networks that host the Service and / or Site or make the Service and / or Site available, or disobey any requirements, procedures, policies or regulations of such servers or networks;
(viii) sell, license or exploit for any commercial purposes any use or access to the Content and / or Service and / or Site;
(ix) frame or mirror any part of the Service and / or Site without the express written authorization of Worsky;
(x) create a database by systematically downloading and storing all or any Content on the Service and / or Site;
(xi) forward any data generated from the Service and / or Site without Worksy's prior written consent;
(xii) transfer or assign the password for your service accounts, even temporarily, to a third party;
(xiii) use the Service and / or Website for any illegal, immoral or unauthorized purpose;
(xiv) use the Site, Service or Content for non-personal or commercial purposes without Worsky's prior written consent; or (xv) violate or violate any of these Terms.
TERMINATION OF USE OF THE SERVICE
Worsky reserves the right to block your access to the Service and to discontinue your use of the Service, at any time and for any reason that Worsky deems appropriate, in its sole and absolute discretion.
The Service allows all users of the Software to send and publish information and content to other users (“Content”). The content is separate from advertisements sponsored by third parties that may appear on the Service. Content may include, for example, map and airway updates, traffic congestion updates, aeronautical incidents, etc. You assume sole responsibility for any Content you post and you alone are responsible for the consequences when posting Content.
ALWAYS DRIVE IN ACCORDANCE WITH THE CONDITIONS OF YOUR REGION OR COUNTRY AND IN ACCORDANCE WITH THE CURRENT LAWS. IT IS STRICTLY PROHIBITED TO SEND ANY CONTENT - INCLUDING TRAFFIC UPDATES (SUCH AS UPDATES ON METEOROLOGICAL CONDITIONS AND INCIDENTS) - DURING PILOTAGE. YOUR CONTENT SUBMISSIONS CAN ONLY BE SENT AFTER YOU HAVE LANDED THE AIRCRAFT OR BEEN PERFORMED BY A COPYLIGHT OR THREE-PIECE THIRD PARTY. ALTERNATIVELY, THE CONTENT MAY BE SUBMITTED BY A PASSENGER OTHER THAN THE PILOT, SINCE IT DOES NOT INTERFER WITH THE DUE DRIVING COURSE AND DOES NOT DISTRACT THE PILOT.
It is prohibited to submit Content of a commercial nature (including advertising), unless such posts concern Worsky, the Service or Worsky products, and such Content is in strict compliance with these Terms.
When submitting Content to be published by the Service, you must make sure that it is legal. For example, you cannot upload Content that: is diminishing or infringing on the property rights of others, including, but not limited to, copyrights and trademarks; represents a risk to safety, security or health; identifies other persons without obtaining that person's express written consent for the disclosure of their information or refer to minors and identify them or their personal information, including their full name, age, address or contact information;
is illegal, defamatory, libelous or invades the privacy of others; be harassing, offensive, threatening or vulgar; is characterized by, or that encourages racism or illegally discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political vision or socioeconomic class;
encourages criminal behavior or conduct that could constitute a criminal offense under any law or that could give rise to civil liability or other legal action;
promote disruptive business pyramid schemes, chains or messages or advertisements, or anything else prohibited by law or under these Terms;
expressly or falsely implies that such content is sponsored or endorsed by Worsky.
The preceding examples of Illegal Content are for illustrative purposes only and do not constitute an exhaustive list of Restricted Content.
Worsky may refuse to post or immediately delete any Content you submit if you or the Content has violated these Terms or if you have been involved in a commission or omission that is harmful or may be harmful to the Service, its users, Worsky or any one of your agents or affiliates. In such cases, Worsky may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights granted to Worsky by any law. CONTENT RIGHTS
By submitting Content for publication on the Service, you represent and warrant that you have all intellectual property rights in the Content; that you are permitted to publish the Content and allow Worsky to publish the Content and exploit all intellectual property rights in and to the Content. Worsky does not receive ownership rights to the content you upload. However, by submitting Content to Worsky, you grant Worsky and users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, prepare derivative works, display in publicly and publicly execute the Content. The license granted to Worsky and the Content you submit is not limited to personal use, but also extends to any commercial use of the Content, at Worsky's sole and absolute discretion. However, other users may only use your content for non-commercial purposes, unless Worsky provides them with prior written consent to use your content for commercial purposes (for the purpose of which you authorize Worsky to be yours. agent).
Worsky may examine the Content before or after its publication, prevent the publication of inappropriate or otherwise inappropriate or erroneous Content or remove such Content after its publication. Worsky does not normally use its right to monitor the Content and only does so in rare cases.
Worsky reserves the sole discretion to determine which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter related to the publication of Content within the Service. Worsky does not guarantee that all Content will be published, in general or for a limited time.
The content submitted by users for publication does not reflect Worsky's views. Publishing Content does not guarantee its validity, reliability, accuracy, legality or updating.
All intellectual property rights on and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets - are the exclusive property of Worsky or its affiliates or licensed exclusively for the Worsky. The Service is protected, among others, by the Copyright Law of Brazil, South America, as well as by the applicable copyright provisions prescribed by any other law, in Brazil, America or elsewhere in the world.
“Worsky”, the Worsky logo and other trademarks and / or service marks are the property of Worsky or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without prior consent by written by Worsky.
The design, commercial image and 'look and feel' of the Site and Service maps are works protected by applicable copyright laws and Worsky and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material that appears on the Site.
Worsky may protect the Service by technological means designed to prevent unauthorized use of the Service. You undertake not to bypass these means. Without derogating from Worsky's rights under these Terms or any applicable law, you are aware that any actual attempt or violation of this clause will result in the termination of all of your rights under these Terms. If you circumvent any of the means used by Worsky to protect the Service from unauthorized use, you must immediately discontinue any use of the Service and undertake to do so.
If you use the Service on an Apple device, you agree and acknowledge that:
Apple, Inc. has no obligations or obligations to you under the Terms, including, but not limited to, any obligation to provide you with maintenance and support for the Service;
You will have no claims and waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection , or regulatory or legal compliance;
Apple and Apple's subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of the Terms.
EXPORT CONTROL You represent and warrant that: (i) you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist support” country; and (ii) you are not listed on any US government list of prohibited or restricted parts.
LIMITATION OF LIABILITY AND WARRANTY
WORSKY PROVIDES THE SERVICE AND CONTENT INCLUDED IN THIS FOR USE 'AS IS' AND 'AS AVAILABLE'. CANNOT BE CUSTOMIZED TO MEET THE NEEDS OF EACH USER. HEREIN, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RESOURCES, PERFORMANCE, QUALITY, PERFORMANCE, QUALITY, PERFORMANCE, QUALITY, QUALITY, PERFORMANCE, QUALITY, QUALITY, PERFORMANCE, QUALITY, PERFORMANCE, QUALITY. In addition, and without derogating from the above clause, Worsky disclaims any warranty related to the accuracy of the maps, Content, airway conditions, driving instructions or navigation routes presented or displayed on or by the Service. For example, traffic may be with high rainfall, fog; existing fixed points may be missing from the map; users may submit defective or inaccurate content or reports. Such errors and omissions are inherent in any community service that operates on users' posts and the information they provide. You agree and acknowledge that you assume full, exclusive and sole responsibility for the use and trust in the Service, and you also agree and acknowledge that use or trust in the Service is entirely at your own risk. You also acknowledge that it is your responsibility to comply with all applicable laws (including your country's aviation laws) when using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED IN THE PRINTED MATERIALS OR GNS SYSTEM OF THE OFFICIAL BODIES. IF THE INFORMATION PRESENTED ON AIR (BALLOONS, RAIN, FOG, ETC.) INSTRUCTIONS DIFFERENTLY FROM THE SERVICE, YOU MUST NOT TRUST THE SERVICE.
Worsky strives to provide you with satisfactory and high quality service. However, we do not guarantee that the Service will operate uninterrupted or error-free, or that it will always be available or free from all harmful components, or that it is safe, protected from unauthorized access to Worsky computers, immune from damage, without defects, bugs or failures, including, but not limited to, hardware failures, software failures and software communication failures, originating from Worsky or any of its suppliers.
WORSKY, INCLUDING ITS CEO, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, AND LOSS (INCLUDING) LOSS OF LOSS. COSTS, EXPENSES AND PAYMENTS, WHETHER BY AUTHORIZATION, CONTRACTUAL, OR IN ANY OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SERVICE, OR ANY FAILURE, ERROR, OR BREACHES IN THE FUNCTION OF THE SERVICE, OR OF ANY FAILURE, OR ERROR MADE BY OUR TEAM OR ANY PERSON ACTING ON YOUR NAME, OR ON YOUR RELIANCE IN THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATED BY THIRD PARTIES, OR ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON THE SERVICE OR THROUGH THE SERVICE, OR ANY DISCLAIMER OR CANCELLATION OF YOUR USER ACCOUNT, OR WITHDRAWAL, EXCLUSION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY CASE, YOUR SOLE REMEDY SHALL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTION, AND IN THE LIGHT OF RELEVANT CIRCUMSTANCES. LINKS AND COMMERCIAL INFORMATION ON THE SOFTWARE
The Service may include commercial information or advertisements (for example, pins indicating the location of certain establishments, their commercial offers, coupons, etc. (“Advertisements”). Advertisements may appear or be displayed on the Service maps from time to time. Worsky may post advertisements on the service, but in most cases, the source of such advertisements are third parties and, as such, Worsky cannot and does not guarantee the reliability or accuracy of third party advertisements. Worsky does not endorse the content of third parties Third Party Ads In addition, and without departing from the previous sentence, Worsky will not be responsible for any form of liability arising from your trust or in connection with the use of the content of the Ads posted on the Service. It is important to note that advertising of commercial content by Worsky does not constitute a recommendation or incentive to purchase the advertised goods or services.
To the extent that the Software includes links to services or applications not operated or managed by Worsky, Worsky will not be responsible for any form of liability arising out of your reliance on, or in connection with, the content of such services and applications or any information provided by including, but not limited to, its integrity, accuracy, correctness or being up to date. Worsky will not be responsible for any direct or indirect, monetary or other damages, arising from the use or reliance on the content of goods or services that you accessed through Ads or other links in the Software.
YOU SHOULD NOT ATTEMPT TO SEE OR CLICK ANY ADVERTS WHEN OPERATING THE AIRCRAFT. YOU ARE ONLY RESPONSIBLE FOR DRIVING RESPONSIBILITY AND ACKNOWLEDGES AND AGREES THAT, IF YOU BREACH THE PREVIOUS PROVISION, THIRD PARTY ADVERTISERS WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, OR CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES, (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, WHETHER BY AUTHORIZATION, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF ANNOUNCEMENTS ON THE SERVICE OR YOUR VIEWING THE ANNOUNCEMENTS IN SERVICE.
VIOLATION AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Worsky and its employees, executives, directors, ceo and agents, as well as all third party advertisers of Ads by and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. Since the Service is provided to you free of charge, this indemnity is intended to cover all expenses, payments, losses, lost profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Worsky, its employees, executives , directors or agents as a result of your breach of the Terms, including, but not limited to, legal expenses and attorney fees.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
Worsky may, in whole or in part and without being obliged to provide notice - modify, adapt or alter the Software, the features of the Service, the user interface and design, the extent and availability of content on the Service and any other aspect related to the service. You will have no claim or demand against Worsky for applying such changes or for incidental failures to such changes.
TERMINATION OF SERVICE
Worsky may, at any time, terminate the provision of the Service in whole or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
Worsky may modify these Terms from time to time. If fundamental changes are made, a notice will be posted on the updated version of the Software, as well as on the Service's homepage on the Site. Continued use of the Service after the Terms have been modified means that you agree to the updated Terms. If you disagree with the updated Terms or any of their terms, you must discontinue all future use of the Software.
APPLICABLE LAW AND JURISDICTION
These Terms, the Software and the Service will be governed exclusively by the laws of the Federative Republic of Brazil, without giving effect to any conflicts of legal principles. Any dispute, claim or controversy arising out of, related to or related to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court of the city of São Paulo - SP.
If you wish to file any cause of action against Worsky, arising out of or related to the Worsky software or service, you must do so within one (1) year from the day you became aware of the cause of the action. Failure to file a claim within the aforementioned period will result in the definitive limitation of the cause of the action, and will constitute your total and definitive waiver of the action.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights to and from the Service without Worsky's prior written consent. Worsky may assign your rights in and to the Service to a third party in its sole and absolute discretion, provided that the third party assumes Worsky's obligations to you under these Terms.
NO LEGAL RELATIONSHIP
You can contact us regarding any question about the Service, through the channels listed in the “About” menu of the Software or through the “Contact Us” page. We will do our best to respond promptly to your inquiry.
Last modified: September 21, 2021