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AVIAR LABS Policies

AVIAR LABS Privacy Policy We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile. When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only. We collect such Non-personal and Personal Information for the following purposes: 1. To provide and operate the Services; 2. To provide our Users with ongoing customer assistance and technical support; 3. To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages; 4. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;  5. To comply with any applicable laws and regulations. Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.   All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail. If you don’t want us to process your data anymore, please contact us at info@aviarlabs.com or send us mail to: 222 Yamato Rd #106-258, Boca Raton FL 33431. We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.  If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at info@aviarlabs.com or by sending us mail to: 222 Yamato Rd #106-258, Boca Raton FL 33431.

AVIAR LABS Website Terms and Conditions This website is owned and operated by AVIAR LABS LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors access to the SkyGlass platform and associated merchandise. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. In order to use our website and/or receive our services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly or annual basis depending on your renewal type to your payment method. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of AVIAR LABS LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. You agree to indemnify and hold AVIAR LABS LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website. To the maximum extent permitted by applicable law, in no event shall AVIAR LABS LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, AVIAR LABS LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service. You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.  These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United States of America, Florida, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Boca Raton, Florida. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

AVIAR Labs Subscription Agreement THIS AVIAR LABS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND AVIAR LABS LLC. ("OUR," "US," "WE" OR "AVIAR LABS"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE AVIAR LABS SUBSCRIPTION SERVICE. BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS. 1. ENROLLMENT IN THE SERVICE AVIAR Labs currently provides an Internet subscription Service for the SkyGlass Flight Tracking Platform. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the Service registration process located on our web site at http://www.AVIARLabs.com ("AVIAR Labs Site"). 2. MODIFICATION We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible and a change notice will be posted at http://www.AVIARLabs.com. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on the AVIAR Labs Site will constitute your binding acceptance of the change. 3. YOUR REGISTRATION OBLIGATIONS You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). Once you subscribe to the Service, you shall receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. 4. AVIAR LABS PRIVACY POLICY AVIAR Labs takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy. Privacy Policy is set forth at http://www.AVIARLabs.com. 5. TECHNOLOGICAL AND USE LIMITATIONS 5.1 AVIAR Labs will make reasonable efforts to keep the AVIAR Labs Site operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions. AVIAR Labs also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that AVIAR Labs shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service. 5.2 The Service has been developed to allow individual end users the opportunity to visualize real time and historic flight tracking in 3D. By enrolling in the Service, you acknowledge and agree that you have no right to provide the Service to any other party or through any other means. 5.3 Because the Service is designed for personal use, you are not allowed to use resell or relicense the service. AVIAR Labs reserves the right to immediately and permanently terminate your access to the Service if AVIAR Labs believes that you are violating such limitation. 5.4 You shall not use the Service in any manner contrary to local, state or federal law. 6. TERM, FEES AND PAYMENTS 6.1 By registering for the Service, you agree to the fee designated for the Service level you select. Subject to your right to terminate the Service prior to the expiration of a Trial Period ­ if any -- as described in the following section, you agree to pay the following amounts for the minimum period specified • SkyGlass Basic ~ $5/month with a 2-week free trial + 30 days*, automatic renewal. • SkyGlass Annual ~ $55/year billed immediately + 30 days*, automatic renewal. • SkyGlass Multi Year ~ $99/3-year billed immediately + 30 days*, automatic 3-yr renewal. * Each SkyGlass login has a 30-day timed trial which is automatically extended when you make a payment. 6.2 Subject to the terms in Section 6.7 below, your subscription will continue automatically at the monthly rate applicable to the Service, which you have selected unless terminated by AVIAR Labs or until you notify AVIAR Labs of your decision to terminate the Service. Upon the expiration of the initial period, your subscription will automatically renew on a month- to-month basis at the same monthly rate, as applicable, unless you elect to terminate the Service or enroll in another version of the Service. 6.3 If, when registering, you signed up for a subscription with a “Trial Period,” you will be allowed a period during which you can try out the Service. If you terminate the Service prior to the expiration of the Trial Period, you will not have any further obligation with respect to the version of the Service that you have committed to. The Trial Period will expire upon the earlier of (i) your having downloaded a specified number of tracks from the Service or (ii) a certain number of days following the date you initially sign up for the Service (refer to the confirmation provided on the site or via email for the specific terms of your trial period). 6.4 Each month during the term of this Agreement following the expiration of any Trial Period, the monthly fees for use of the Service will be billed automatically to the credit card you designated during the Service registration process or subsequently designated to AVIAR Labs. You agree to pay or have paid all fees and charges incurred in connection with your unique ID and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Service using your ID and password without your authorization, you must contact info@aviarlabs.com or use the Support Form at www.AVIARLabs.com. 6.5 Payment must be made by a major credit card accepted by AVIAR Labs (currently, VISA, MasterCard and American Express). Cash or checks will not be accepted. The billing period ends each month on the monthly anniversary of your activation date ("Billing Date"). If, however, the Billing Date would be the 29th, 30th or 31st day of a month, the Billing Date will be the first day of the following month. If AVIAR Labs does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by AVIAR Labs. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT AVIAR LABS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. 6.6 If AVIAR Labs does not receive the full amount of your Service account balance within thirty (30) days of the Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify AVIAR Labs of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release AVIAR Labs from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to AVIAR Labs within sixty (60) days of its first appearance on an invoice or credit card statement. 6.7 You agree to pay AVIAR Labs all reasonable attorney's fees and costs incurred by AVIAR Labs to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account. 6.8 You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service. 6.9 AVIAR LABS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY AVIAR LABS, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT http://www.AVIARLabs.com. AVIAR LABS MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your subscription to the Service, as provided in Section 7 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. 7. TERMINATION 7.1 You agree that AVIAR Labs, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if AVIAR Labs believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. AVIAR Labs may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that AVIAR Labs may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that AVIAR Labs shall not be liable to you or any third-party for any termination of your access to the Service. 7.2 You may terminate this Agreement and your subscription to the Service at any time, but will not receive return of subscription fees paid. 7.3 Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated. The payment in advance for the next month's service level is nonrefundable. 8. INTELLECTUAL PROPERTY RIGHTS 8.1 Only you may access the Service using your ID and password, unless otherwise agreed to in writing by AVIAR Labs. The content available through the Service is the property of AVIAR Labs or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be used and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of AVIAR Labs. You agree to indemnify and hold harmless AVIAR Labs for your failure to comply with this Section 8.1. 8.2 You acknowledge that AVIAR Labs retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and AVIAR Labs reserves all rights not expressly granted hereunder. You shall promptly notify AVIAR Labs in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or AVIAR Labs's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. 9. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE AVIAR LABS SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE AVIAR LABS SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 10. LIMITATION OF LIABILITY YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT. 11. MISCELLANEOUS This Agreement is governed by the laws of the State of Florida., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the state courts located in Palm Beach County Florida, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 11. AVIAR Labs expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Date: June 2, 2022

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