Terms and Conditions


These terms and conditions constitute a legal agreement (the “Agreement”) between you and Information Design One AG, Baseler Straße 10, 60329 Frankfurt/Main, Germany (“ID1”). Please read these terms and conditions carefully.

Imprint

Agreement to Terms

By downloading and using the FlightFacts application and its services (hereinafter „FlightFacts“) you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you must not use FlightFacts and must delete it immediately
Additional Terms for Apple App Store Apps

If you accessed or downloaded FlightFacts from the Apple Store, then you agree to use FlightFacts only (i) on an Apple-branded product or device that runs iOS (Apple‘s proprietary operating system software), and (ii) as permitted by the „Usage Rules“ set forth in the Apple Store and Google Playstore Terms of Service.
User Account

ID1 may require you to sign up for an ID1 account and being logged in to the ID1 account to be able to use FlightFacts. ID1 may further set certain account verification requirements that you will be required to meet to use FlightFacts.
Fees And Prices

FlightFacts offers certain enhanced features, which you can purchase as a monthly or yearly subscription (a „Subscription“). A description of features associated with Subscriptions is available via the FlightFacts application. When you purchase a Subscription (each a „Transaction“), ID1 will charge your third party payment processing account, including, without limitation, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where FlightFacts is made available (each an „App Provider“), for verification, pre-authorization and payment purposes.

 

Paid offers can only be used by users who have reached the age of 18.

User Account

ID1 may require you to sign up for an ID1 account and being logged in to the ID1 account to be able to use FlightFacts. ID1 may further set certain account verification requirements that you will be required to meet to use FlightFacts.
Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription

All amounts are payable and charged: (i) for one-off purchase (e.g., lifetime Subscription), at the time you place your order; and (ii) for monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the payment information you have provided. If you purchase your Subscription via an App Provider, you can cancel the renewal of your Subscription at any time with the App Provider. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the services ordered until the end of your current Subscription period.
Changes to Price Terms for Subscriptions

You agree that we may change our pricing terms for Subscriptions at any time. In this case we will notify you before such changes become effective. Changes to the pricing terms will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to ID1‘s pricing terms then you may choose not to renew your Subscription in accordance with the section „Subscriptions Automatically Renew“.
Withdrawal Instructions

Right of Withdrawal

You have the right to withdraw from this Agreement within 14 days without giving reasons. The withdrawal period will expire after 14 days from the day the Agreement is concluded. To exercise the right of withdrawal, you must inform us

 

 

Information Design One

Baseler Straße 10

60329 Frankfurt Germany

Telephone: +49 69 244 502 0

Telefax: +49 69 244 502 10

E-Mail: info@id1.de

 

 

by means of an unequivocal declaration (e.g. a letter sent by post, fax, e-mail) which can be reached from any page) of your decision to withdraw from this Agreement.

 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

 

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as result of such reimbursement.

 

 

Exclusion from the Right of Withdrawal
The right of withdrawal does not exist if, upon concluding this Agreement, you are mainly acting in connection with your commercial or independent professional activity and, therefore, you are to be regarded as an entrepreneur (Section 14 of the German Civil Code).
The right of withdrawal towards ID1 does not apply to contracts that are not concluded between you and ID1, but between you and a third party. Any rights of withdrawal can only be asserted against the third party in this regard.
The right of withdrawal expires if you agree that ID1 begins to perform under the contract before the 14-day withdrawal period has expired. ID1 starts performing the contract upon your downloading of FlightFacts.

 

 

Important Notice
By downloading FlightFacts, you expressly agree that we will start performing the service before the end of the 14-day cancellation period

Data Protection

ID1 complies with applicable European data protection laws. ID1 collects, processes and uses your personal data in its function as a data controller as set out and in accordance with the relevant Product Privacy Policies available for download under Privacy-Policy. If you log-on with your e-mail-address, ID1 will collect, process and use your email address. No personal information is collected, processed or used if you log on via your Facebook, Google, or Apple account. In addition, we collect, process, and use the configuration settings in FlightFacts for each user account.

ID1 may process non-personal or anonymous data to improve functionality and your user experience with the FlightFacts App. You agree that ID1 owns all rights in and is free to use any such non-personal or anonymous data in any way it deems fit for development, diagnostic, corrective as well as marketing or any other purposes.

App-Funktionality

FlightFacts provides third-party real-time operational flight information of airlines and airports. This information includes, e.g., basic flight information ( such as flight number, departure time, delays) as well as certain aggregated key figures, such as the punctuality or cancellation rate. You acknowledge that the reals-time operational flight information available through FlightFacts is provided by independent third-party service providers, and is not generated and/or verified by ID1. For this reason ID1 cannot be responsible for this information being accurate, complete, or current. You acknowledge that any reliance on any such statement or information shall be at your own risk. Further, ID1 has no control over such third-party services‘ uninterrupted and error-free availability in FlightFacts. ID1 is not in the position to ensure that third-party information available in Flight Facts does not contain viruses or other harmful components, although ID1 makes commercially reasonable efforts to ensure it.


FlightFacts does not present information provided directly by airlines. FlightFacts is not designed to assist you with the booking of flights or with your decision whether you should use a certain flight connection or on the organization of your travel. FlightFacts does not provide any functionalities for the booking of flights. Except for a few configuration options, no data can be entered or saved by the user in FlightFacts. FlightFacts main functionality is providing third party flight information of airlines and airports.


FlightFacts is available for iOS and Android devices and supports the last two most recent OS releases for iOS or Android.

App-Use

You can use FlightFacts to obtain third-party real-time operational flight information of airlines and airports. You should not use FlightFacts to assist you in the preparation, planning or coordination of your travel plans since ID1 cannot ensure whether the third-party information provided through FlightFacts is current, accurate and complete.
Prohibitions

You agree not to do any of the following:

 

  • Use, display, mirror or frame FlightFacts, or any individual element within FlightFacts, the App‘s name, ID1‘s name, any ID1 trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ID1‘s express written consent; 
  • Acces tamper with, or use non-public areas of FlightFacts, ID1‘s computer systems, or the technical delivery systems of ID1‘s providers; 
  • Attempt to probe, scan, or test the vulnerability of any ID1 system or network or breach any security or authentication measures; 
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ID1 or any of ID1‘s providers or any other third party (including any other user) to protect FlightFacts; 
  • Attempt to access or search FlightFacts through the use of any engine, software, tool, agent, device or mechanism (including, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ID1 or other generally available third party web browsers; 
  • Use any meta tags or other hidden text or metadata utilizing an ID1 trademark, logo URL or product name without ID1‘s express written consent; 
  • Use FlightFacts for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement; 
  • Make available any information or content provided by FlightFacts to third parties; 
  • Interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing FlightFacts; 
  • Collect or store any personally identifiable information from FlightFacts from other users of FlightFacts without their express written permission; 
  • Encourage or enable any other individual to do any of the aforementioned.
Term And Termination

You may cancel your Subscription with the App Provider directly.


You can terminate your access authorization at any time by canceling, so that from this point on access to FlightFacts and is services is no longer possible with the password and login name assigned by you. You can block the registration data for the mobile application and the device ID via our service center (by email to info@id1.de). Your user data will then be completely deleted as soon as the data is no longer required for billing purposes, and your login name will be blocked.

Change of Terms

ID1 shall be entitled to amend this Agreement upon no less than twenty-eight (28) days prior notice to you. Unless you notify ID1 in writing of your objection to such amendment within fifteen (15) days of such notice, then the amendment shall be deemed accepted by you. If, on the other hand, you notify ID1 in writing of your objection to such amendment within fifteen (15) days of its receipt of notice, the Agreement shall be continued under the existing terms without giving effect to such amendment.
License

Subject to your compliance with this Agreement, ID1 grants you a non-exclusive, non- sub licensable, non-transferable and limited right to download, install, run, and use a copy of FlightFacts on a mobile device or computer that you own or control and to run and use such copy of FlightFacts solely for your own personal non-commercial purposes. ID1 reserves all rights in and to FlightFacts not expressly granted to you under this Agreement. You may not copy FlightFacts, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not (i) copy, modify or create derivative works based on FlightFacts, (ii) market, sell, distribute, transfer, sublicense, lease, lend or rent FlightFacts to a third party, (iii) reverse engineer, decompile or disassemble FlightFacts or otherwise attempt to gain access to the source code for FlightFacts, or (iv) make the functionality of FlightFacts available to multiple users through any means, except and only to the extent that it is expressly permitted by applicable law. You will not transfer or assign any right or obligation hereunder without the prior written consent of ID1.

The rights granted hereunder shall not include any rights to the source code of FlightFacts.

Changes, Updates, Upgrades

ID1 may make changes to the FlightFacts application, its services, information, and its content as well as related server services (including the system requirements) for good cause at any time without notice, however, ID1 does not make any commitment to update any content made available through FlightFacts or the FlightFacts application itself. Such good cause exists especially if the change is required due to (i) a necessary adaptation required by applicable law, regulation, court order, or order of authority; (ii) changes to applicable technical framework conditions (e.g., new encryption standards); or (iii) the protection of system security. Some features and functions of FlightFacts provided by ID1 include or depend on certain third-party components which may be subject to changes by such third parties. ID1 is entitled to modify or limit such features and functions, provided this does not materially interfere with the substantial functions of FlightFacts. If you are using the free version of FlightFacts, ID1 reserves the right to discontinue FlightFacts and/or any aspect of the FlightFacts application, including the availability of any features of FlightFacts, in its sole reasonable discretion upon notice at any time. ID1 reserves the right to discontinue FlightFacts and/or any aspect of the FlightFacts application, including the availability of any features of FlightFacts for users with yearly Subscriptions on 12 month‘s prior notice within the FlightFacts app and for users with monthly Subscriptions on one month prior notice within the FlightFacts app. The regular expiry of your Subscription term will not be affected by a discontinuance of FlightFacts or certain of its functionalities.
Third Party Content

ID1 is not responsible for the availability, accuracy, completeness or currentness of content and/or information of any third party you access through FlightFacts. You acknowledge that real-time operational flight information of airlines and airports available through FlightFacts is third-party information provided by a third-party service provider and is not generated and/or verified by ID1.
IP

The names, images and logos identifying ID1 applications and their products and services are proprietary marks of ID1 and/or third parties. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of ID1 or any other third party. All copyright, trademarks and other intellectual property rights in this application (including the design, arrangement and look and feel) and all material or content supplied as part of FlightFacts shall remain at all times the property of ID1 or ID1’s licensors. In accessing the FlightFacts application, you agree that you do so only for your own personal, non-commercial use. You may not agree to, permit or assist in any way any third party to crawl, copy, reproduce, download, post, store, distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without ID1‘s prior written permission.
Warranty

FlightFacts and the services provided by FlightFacts are provided „as is“ without warranty of any kind. ID1 explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
Disclaimer And Limitation of Liability

ID1 shall be liable for damages caused by willful misconduct or gross negligence on the part of our legal representatives, employees or other vicarious agents. In case of gross negligence, id1 shall not be liable for any indirect or consequential damages, even if foreseeable, or if ID1 has been advised of the possibility of such losses.

 

ID1‘s liability for simple negligence is excluded, except for damages for life, limb and health , for damages pursuant to the German Products Liability Act, and/or ID1‘s breach of a cardinal obligation (i.e., an obligation that is essential for achieving the purpose of the agreement and that you may regularly rely on to be observed). Your contributory negligence shall reduce ID1‘s liability.

 

ID1 has no responsibility for claims based on third-party products and services, items not provided by ID1, or any violation of law or third-party rights caused by you and/or your use of FlightFacts.

 

The above liability limitations and exclusions also apply to claims against affiliates of ID1, ID1’s data suppliers as well as our legal representatives, executives, and vicarious agents.

Links to Third Party Websites or Resources

The FlightFacts services may contain links to third-party websites or resources. ID1 provides these links only as a convenience and is not responsible for the content or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Assignment

You may not assign or transfer this Agreement in whole or in part without ID1‘s prior written consent.
Notices And Communication

Unless otherwise specified in this Agreement, any notifications and declarations in connection with this Agreement will be given (i) by posting in FlightFacts or (ii) by ID1 via email. To this end, ID1 may use the email address you provided upon registration. You shall be responsible for checking your emails regularly and, if necessary, for updating your email address. ID1‘s contact information is available under this link: Contact Us

Out-of-Court Online Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (so-called OS platform) at http://ec.europa.eu/consumers/odr/. We point out that we do not participate in a dispute settlement procedure before a consumer dispute arbitration board.

Applicable Law

The validity, performance, construction, and interpretation of this Agreement shall be governed by the laws of Germany without regard to its conflicts of laws provisions.


If you are a consumer, the above provisions are not meant to bar you from the protection provided by mandatory statutory provisions of the country in which you have your permanent residency.

Applicable Terms If You Are Located Outside of the European Union

The following additional terms apply to you, if you are resident outside of the European Union

 

Waiver of Class Action
You agree that any disputes against ID1 are likely to be of a unique character, such that the aggregation of claims shall not constitute an effective method of dispute resolution. Accordingly, you expressly waive, disclaim, and forever discharge any right you may have to engage in a class action dispute against ID1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany. Disputes arising here from shall be exclusively subject to the jurisdiction of the German courts. Any cause of action you may have with respect to your use of FlightFacts must be commenced within one (1) year after the claim or cause of action arises.

 

Notices
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Entire Agreement
This Agreement constitutes the entire and exclusive understanding and agreement between ID1 and you regarding the use of the FlightFacts and its services and content, and this Agreement supersedes and replaces any and all prior oral and written understandings or agreements between ID1 and you regarding FlightFacts, the app‘s services, and the app‘s content.

 

Severability
If any provision of this Agreement is found partly or wholly invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect. A waiver of any breach or default under this Agreement shall not constitute a waiver of any other subsequent breach or default.

 

Jurisdiction
You agree that jurisdiction and venue for any legal action will be the district court in Frankfurt/Main, Germany.