Last updated: 15 April 2023

Terms of Service for roster.aero Services

Please read these Terms of Service carefully (“Terms”). These Terms govern and apply to your access and use of roster.aero’s Services available through the roster.aero website (https://www.roster.aero) and roster.aero’s mobile apps (collectively, the “Service”). By accessing or using our Service, you agree to be bound to all of the terms and conditions described in this document.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on our webpage (https://www.roster.aero/TermsOfService.html) and indicate the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes our acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue accessing) the Service.

This Agreement applies to all visitors, users and others who access the Services (“Users”).

Use of the Service

roster.aero grants you permission to user the Service as set forth in this Agreement, provided that:

(i) you will not copy, distribute, or disclose any part of the Service in any medium;

(ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and

(iii) you will otherwise comply with the terms and conditions of this Agreement.

Your Account

You will need to register with roster.aero and create an account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion.

You may never use another User’s account without permission.

When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account credentials secure.

You must notify roster.aero immediately of any breach of security or unauthorised use of your account. Although roster.aero will not be liable for your losses caused by any unauthorised use of your account, you shall be liable for the losses of roster.aero or other due to such unauthorised use.


Using the Service

Guidelines for using roser.aero are essentially very simple:

  1. Use it intelligently - use you common sense
  2. Take responsibility for your own actions online
  3. Competition laws and your Company Code of Conduct also apply here. Make sure you abide by them.
  4. Share your experience and expertise with colleagues.

You agree not to user or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc. that access the Service in a manner that sends more request messages to the roster.aero servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.

You agree not to collect or harvest any personally identifiable information, including account names and other personal data.

You will only use the Service for your own personal use.

Suspension of account

roster.aero may temporarily or permanently terminate, suspend or otherwise refuse to permit your access to the Service without notice and liability, if, in roster.aero’s sole determination, you violated any of the Agreement, including the following prohibited actions:

(i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

(ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

(iii) uploading invalid data, viruses, worms, or other software agents through the Service;

(iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

(v) interfering with the proper working of the Service; or,

(vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with a non­-organizational email address. Upon termination for any reason, you continue to be bound by the Use of the Service terms of this Agreement.

User Content

You are solely responsible for your User Content that you upload, publish, display link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

roster.aero will not review, share, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.

You agree not to provide User Content that:

(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;

(ii) may create a risk of any other loss or damage to any person or property;

(iii) may constitute or contribute to a crime or tort;

(iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, or otherwise objectionable;

(v) contains any information or content that is il egal;

(vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or

(vii) contains any information or content that you know is not correct and current.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the EU Copyright Office, the Writer’s Guild of America, or any other rights organisation.

For the purposes of this Agreement, “Intellectual Property Rights” means al patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill , trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and al applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

roster.aero takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility.

roster.aero is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that roster.aero shall not be liable for any damages you allege to incur as a result of such User Content.

You are solely responsible for your interactions with other roster.aero Users.

Your Roster

Regarding your roster, the following is important:

  1. We are not liable if a roster is interpreted with incorrect data. You must always use the official company roster, provided to you through your company's official channels.
  2. You agree that by uploading your roser to us, you are legally permitted to do so and have received the relevant permissions from any relevant parties, including, among others, the airline you are working for that is responsible for the roster.
  3. When you use our Service to download your roster, you agree that your roster is automatically uploaded to our service for the intent of providing our Service. You also agree that you are allowed to do so as stated under point 2.
  4. Any data uploaded to us will be stored for the purpose of providing the Service to you. If you wish for us to permanently remove any of your data, you must send an email to info@roster.aero stating that you would like your account to be removed and all your data to be deleted.

We will delete your data within 30 days and you will receive an email to confirm the deletion of your account.

  1. We are doing our best to provide you with the most accurate Service possible and we will do our best to fix any fault reported. However we cannot be held responsible for any incorrect times, missing duties, errors or any personal, financial or other harm resulting to you by using our Service.
  2. We will do our best to adapt the Service to any changes in your company roster but we cannot guarantee this will take place, or give any degree of timescale.
  3. We cannot guarantee the continued support of our Service for your company.
  4. You can only upload your own roster. You are not allowed to use our Service to decode a roster belonging to somebody else. If that person would like for their roster to be decoded, they will need to sign up separately. We will monitor usage and may terminate your user account.

Calendar sync

The “Calendar sync” function processes your roster and transforms this to an “ics feed”. This ics feed can then be used by most 3th party calendar applications to display calendar events, in this case, your processed roster.

Changes to your roster may not be displayed until the 3th party calendar application has reloaded the ics feed.

The first time you sign up for our Service, you will be able to use the “Calendar sync” function for free for a period of 90 days. After 90 days, if you still wish to use the “Calendar sync” function it can be reactivated by obtaining a “premium” subscription.

Licence Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a non­-exclusive, limited, personal licence to use the Service. roster.aero reserves all rights not expressly granted herein in the Service and the roster.aero Content (as defined below).

Roster.aero may terminate this licence at any time for any reason or no reason. Any Subscriptions are non­refundable after our 30-­day guarantee period.

Our Proprietary Rights

Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “roster.aero Content”), and all Intellectual Property Rights related thereto, are the exclusive property of roster.aero and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a licence in or under any such Intellectual Property Rights, and you agree not to sel , licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the roster.aero Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to, or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place roster.aero under any fiduciary or other obligation, that we are free to disclose the Ideas on a non­confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, roster.aero does not waive any rights to use similar or related ideas previously known to roster.aero, or developed by its employees, or obtained from sources other than you.

Eligibility

This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorised, unlicensed, and in violation of this Agreement. roster.aero may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

Data Processing and Security Terms

We care about the privacy of our Users. The Data Processing and Security Terms as well as the Terms of Service, govern the use of roster.aero Services when you request access to roster.aero account or personal data. Please check back from time to time as these terms are occasionally updated.

Additional Representations & Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

  1. You are at least 18 years of age.
  2. Your User Content and roster.aero ’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
  3. You have the full power and authority to enter into this Agreement and to the extent that any entity is bound hereby, to bind such entity, this Agreement and performance of obligations under this Agreement do not and will not violate any other agreement to which you or such entity is a party; and this Agreement constitutes a legal, valid and binding obligation of you or any such entity.

Indemnity

You agree to defend, indemnify and hold harmless roster.aero and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(i) your use of and access to the Service, including any data or work transmitted or received by you;

(ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above;

(iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;

(iv) your violation of any law, rule or regulation of the Netherlands or any other country;

(v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or

(vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE

SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ROSTER.AERO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. ROSTER.AERO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ROSTER.AERO SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ROSTER.AERO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-­PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROSTER.AERO, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.

UNDER NO CIRCUMSTANCES WILL ROSTER.AERO BE RESPONSIBLE FOR ANY

DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER

UNAUTHORISED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE

INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROSTER.AERO

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 AND USE OF

OUR SERVICE;

(III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DATA STORED THEREIN;

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ROSTER.AERO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ROSTER.AERO HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY

IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ROSTER.AERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST

EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Assignment

This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by roster.aero without restriction.

General

Governing Law. You agree that:

(i) the Service shall be deemed solely based in the European Union; and

(ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over roster.aero, either specific or general, in jurisdictions other than in the Netherlands. This Agreement shall be governed by the laws of the Netherlands, without respect to its conflict of laws principles. Any claim or dispute between you and roster.aero that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in The Hague, the Netherlands.

Notification Procedures

roster.aero may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, mobile device notification, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by roster.aero in our sole discretion. roster.aero reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by roster.aero via the Service, shall constitute the entire agreement between you and roster.aero concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and roster.aero’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please contact us at info@rroster.aero with any questions regarding this Agreement.