OSPREY FLIGHT SOLUTIONS USER TERMS

In order to access the Services you must be an Authorised User pursuant to an Agreement. 

These Terms of Use govern your access and use of the Osprey system and services (“Services“). Please ensure you have read these Terms of Use carefully as they apply to you as a user of the Services.

These Terms of Use are a legally binding contract between you and Sora Risk Solutions Limited (“Osprey“). As part of these Terms of Use, you agree to comply with the most recent version of Osprey’s Acceptable Use Policy, which is incorporated by reference. 

By accessing the Services you are confirming you are an Authorised User and your use of the Services is subject to the following terms and conditions.

1. 1. You are an Authorised User under a subscription owned by a Customer (for these purposes a Customer is a third party that has invited you to use the Services on their behalf). The Customer has separately entered into an agreement with Osprey. These Terms of Use shall remain in force until your access as Authorised User expires or terminates. 
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3. 2. We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law. 

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3. 3. All Authorised Users, including you, must comply with the Acceptable Use Policy available here https://www.ospreyflightsolutions.com/acceptable-use-policy/and agree not to (i) misuse or attack the Services by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or (ii) attempt to gain unauthorised access to our Services, the server on which the Services are stored or any server, computer or database connected to the Services.
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5. 4. You shall not copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Services in whole or in part. 

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5. 5. Authorised Users shall not: (a) allow access to the Services by any persons other than Authorised Users; (b) forward (or otherwise share) alerts to anyone who is not an Authorised Users, including via screenshot, or in a bulk, systematic, programmatic or automated manner. You must keep your password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should change your password and notify us by contacting us on: info@ospreyfs.com.
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7. 6. You are not permitted to use the Services in connection with the provision of services to entities not forming part of the Customer (or Customer group where this is specifically authorised). 

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5. 7. Any reports provided as part of the Services are provided using the best information available at the time they are created. No liability is accepted for any loss or liability suffered, whether direct or indirect, consequential or otherwise, as a result of any inaccurate or incomplete information and nothing in the reports absolves any Authorised User from the responsibility to conduct their own risk assessment. 
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7. 8. You shall not export, directly or indirectly, any technical data acquired from the Services (or any products, including software, incorporating any such data) in breach of any applicable laws or regulations (“Export Control Laws“), to any country for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval. 
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9. 9. You agree that Osprey owns (or is licensed to use and sublicense) all intellectual property rights relating to the Services and any new intellectual property rights created in connection with these Terms of Use shall vest in Osprey.
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11. 10. Osprey uses third party data to support certain services where you access Airport Reports you agree to be bound by AC-U-Kwik Terms of Service available at http://engage-public.flywheelsites.com/terms-of-service/aviation-group/ (or such other URL as may from be provided from time to time), as may from time to time be updated or otherwise modified by AC-U-Kwik. Where you utilise third party systems together with Osprey systems you warrant that you are duly licensed by such third party. 
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13. 11. Osprey makes no representation or warranties of any kind, whether express or implied, to you relating to the Services, which is made available or provided to you at all times on an “as is” and “as available” basis, and without responsibility for accuracy, timeliness, correctness, reliability and completeness. Osprey does not warrant that the availability, use or function of the Services or third-party content will be uninterrupted, error free, or free of harmful components. You acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of communications networks and facilities, including the internet.
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15. 12. Nothing in these Terms of Use shall have the effect of limiting or excluding our or your liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other matter for which it would be unlawful for a party to limit or exclude its liability. In no circumstances whatsoever will you or we be liable to each other (whether arising under contract, tort including negligence, statute or otherwise) for any indirect or consequential loss or damage or any special or exemplary loss or damage. In addition, in no circumstances whatsoever, shall Osprey be liable to you (whether arising under contract, tort including negligence, statute or otherwise, and whether such loss is direct or indirect) for: (a) any loss to the extent caused by an act or omission of a third party; (b) any actions taken by us at the Customer’s direction; nor (c) any loss of sales, turnover, revenue, profits or opportunity, loss of or interruption to business, loss of or damage to reputation or goodwill, loss of anticipated savings, or wasted management or administrative time, in each case resulting from the use or the inability to use the Services.
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17. 13. In the event there is a breach of these Terms of Use (or any agreement with the Customer), we may suspend or close your account.  

11. 14. Our Privacy Policy contains additional information and further details about how we collect and use data. 
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13. 15. We reserve the right to vary these Terms of Use from time to time. Our updated Terms of Use will be displayed on the Services and by continuing to use and access the Services following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.

© 2023 SORA RISK SOLUTIONS LIMITED T/A OSPREY FLIGHT SOLUTIONS ™ User Terms V1.3_29_09_23 effective 1 October 2023