1. SCOPE:

These terms and conditions of use define the form, rights and obligations for the USER and/or the SERVICE PROVIDER (as defined below) when accessing the interface provided by CRYPTOJET, INC (herein “CRYPTOJET”, which is designed as a platform that allows the request of transportation services by different users, through airplanes in public and private airlines (hereinafter the “WEBAPP").

 

Also, these terms and conditions of use have been designed to facilitate the USER and/or the SERVICE PROVIDER the understanding of the proper way in which he/she/it can use the WEBAPP, as well as the mandatory conditions imposed for the effective provision of the service.

 

2. DEFINITIONS: 

 

Under the present terms and conditions, the following words and expressions shall have the following understanding and interpretations:

 

• “USER” is understood to be that person, natural or legal, who has registered in the WEBAPP as such and who, from time to time and at his absolute discretion, may use the WEBAPP to request air transportation services

 

• “SERVICE PROVIDER” is understood to be the natural or legal person duly constituted, duly authorized to provide national or international passenger air transportation services and that declares to comply with the physical, technical and legal conditions to provide the passenger transportation service and to have the aircraft duly authorized for this purpose. The SERVICE PROVIDER’s services are requested for the USER through the WEBAPP.

 

• “USER CONTENT” means any content that a person who accesses or uses the WEBAPP (“USER”) posts, uploads, publishes, submits or transmits to be made available through the WEBAPP.

 

• “COLLECTIVE CONTENT” is understood as the USER’s CONTENT and CRYPTOJET’s CONTENT, meaning its texts, graphics, images, music, software (excluding the WEBAPP), audio, video, information or other materials that CRYPTOJET makes available through the WEBAPP, including any content licensed from a third party.

 

3. ACCEPTANCE:

 

The WEBAPP is available for the USERS and/or the SERVICE PROVIDERS on the Android or IOS operating systems and the WEB.

 

These terms and conditions constitute a legal agreement between the USER or the SERVICE PROVIDER and CRYPTOJET. To access or use the WEBAPP, the USER must click on the Acceptance button of these terms and conditions, and by doing so expressly, freely and spontaneously manifests his/her total conformity with the terms and conditions of use contained herein.

 

The acceptance of these terms and conditions will be understood to be perfected with the installation and use of the WEBAPP in the respective device, as well as with the submission and verification of the respective documentation requested by CRYPTOJET.

 

Upon non-acceptance of these Terms of Use, the USER and the SERVICE PROVIDER must not access or use the WEBAPP and must delete it and all copies thereof.

 

4. USER AND SERVICE PROVIDER ACKNOWLEDMENTS: 

 

Upon acceptance of the present terms and conditions, apply the following acknowledgements:

 

• The USER acknowledges and accepts that CRYPTOJET is only an WEBAPP that seeks to facilitate the contact for the provision of air passenger transportation services between the SERVICES PROVIDER and the USER.

 

• The provision of the transportation service requested by a USER and accepted by the SERVICE PROVIDER is the exclusive responsibility of the SERVICE PROVIDER, so it assumes all duties and obligations to the USER by virtue of the contractual relationship entered for the provision of the service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between the USER and the SERVICE PROVIDER.

 

• The SERVICE PROVIDER expressly accepts that CRYPTOJET is not part of the contractual transport relationship with the USER.

 

• - The SERVICE PROVIDER will deliver the transportation services to the USERS on its own account, with its professional experience, its own means and with total autonomy, both technical and administrative.

 

• Consequently, the SERVICE PROVIDER accepts that in no case is there any labor or corporate relationship with CRYPTOJET, given that the SERVICE PROVIDER acts with total independence with respect to the circumstances of time, mode and place in the provision of the air transportation service to the USER.

 

• The payment of the transportation service shall be assumed by the USER through CRYPTOJET to the SERVICE PROVIDER.

 

• The USER recognizes that certain SERVICE PROVIDERS of goods and/or services may require his/her agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and CRYPTOJET disclaims any and all responsibility or liability arising from such agreements between the USER and the third-party providers.

 

• CRYPTOJET may rely on third-party advertising and marketing supplied through the WEBAPP and other mechanisms to subsidize the WEBAPP. By agreeing to these terms and conditions the USER agrees to receive such advertising and marketing. If the USER does not want to receive such advertising, he/she should notify CRYPTOJET in writing. CRYPTOJET reserves the right to charge the USER a higher fee for the WEBAPP should you choose not to receive these advertising services.

 

• The USER agrees that is his/her responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the WEBAPP.

 

5. USER WARRANTIES: 

 

Upon acceptance of the present terms and conditions, and by using the WEBAPP, the USER expressly warrants the following:

 

• Is legally entitled to and has the right, authority, and capacity to enter into and abide by these Terms of Use.

 

• Will only use the WEBAPP for his/her own use and will not resell it, directly or indirectly, to any third party.

 

• If the USER resides in a jurisdiction that restricts the use of the WEBAPP because of age or restricts the ability to enter into agreements such as this one due to age, he/she must abide by such age limits and must not use the WEBAPP. Without limiting the foregoing, the WEBAPP is not available for use by children (persons under the age of 21) without adult supervision.

 

By using the WEBAPP, the USER warrants that are at least 21 years old or will use the WEBAPP under adult supervision. The USER’s participation in using the WEBAPP is exclusively for its sole, personal, and non-commercial use, and therefore may not authorize others to use its profile, user status, or credentials, and may not assign or otherwise lend, transfer, lease, or sell (directly or indirectly) the user account to any other person or entity.

 

• Is not a (i) broker or professional buyer acting on behalf of an end client, either an individual or an entity, to charter an aircraft; (ii) travel agency; (iii) marketing agent selling aircraft charter(s) on behalf of aircraft operators; (iv) global distribution system (GDS’s); (v) online travel agent (OTA’s); or (vi) any other person or entity that sells travel to or facilitates travel for independent third parties.

 

• Will only access the services by the SERVICE PROVIDER using the WEBAPP. It is the USER’s responsibility to download the correct version of the WEBAPP for his/her device. CRYPTOJET is not liable if the USER downloaded the wrong version of the WEBAPP. CRYPTOJET reserves the right to terminate these Terms of Use and take any further action necessary to remedy the USER’s use of the WEBAPP with an incompatible or unauthorized device.

 

• Will only use the WEBAPP for lawful purposes and will not use it for sending or storing any unlawful material or for fraudulent purposes.
   

• Will not use the WEBAPP to cause nuisance, annoyance, or inconvenience.

 

• Will not impair the proper operation of the network.

 

• Will not harm or attempt to harm the WEB APP in any way whatsoever.

 

• Will not copy or distribute the WEBAPP or any content provided via the WEBAPP or as a result of your use of the services without prior written permission from CRYPTOJET.

 

• Will keep secure the confidential information regarding his/her account, which allows access to the services through the WEBAPP.

 

• Will provide CRYPTOJET with whatever proof of identity that may reasonably be needed.

 

• Will only use an access point or 3G data account (AP) which is authorized to use.

 

• Will comply with all applicable laws from his/her home nation and the country, state, and city in which is present while using the WEBAPP.

 

• Is aware that when requesting services by SMS, standard messaging charges will apply.

 

• The USER agrees not to use the WEBAPP in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, including but not limited to the Export Control Reform Act and its associated regulations).

 

6. DISCLAIMER OF WARRANTIES:

 

CRYPTOJET makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or webapp.

 

CRYPTOJET does not represent or warrant that:

 

• the use of the WEBAPP will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, webapp, system or data,
   

• the WEBAPP will meet your requirements or expectations, 
   

• any stored data will be accurate or reliable,
   

• the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations,
   

• errors or defects in the service or WEBAPP will be corrected, or,
   

• the service or the server(s) that make the service available are free of viruses or other harmful components. 

 

The WEBAPP is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company.

 

CRYPTOJET makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, or availability of any services, products, or goods obtained by third parties through the use of the WEBAPP.

 

The USER acknowledges and agrees that the entire risk arising out of your use of the WEBAPP, and any third-party services or products remain solely with you, to the maximum extent permitted by law.

 

7. INTERNET DELAYS:

 

The WEBAPP may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications; for which CRYPTOJET is not responsible for any delays, delivery failures, or other damage resulting from such problems.

 

8. REGISTRATION:  

 

Pursuant to provide the transportation service by contacting the USER through the WEBAPP, the USER must register by submitting the following information:

 

• Full name.

• Cell phone number.

• Contact email.

• Proper identification document.

• Place and date of issue of the document.

• Credit card and/or other bank account information.

• Proof of business activity.

• Special needs.

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The referred documentation must be submitted physically to the address established in the WEBAPP or scanned through CRYPTOJET's e-mail address at: info@cryptojet.international

 

The USER is obliged to inform and send all the information corresponding to any change in their general and special conditions, and any other change that affects their registration.

 

The use of the WEBAPP is personal and non-transferable, the loan, rental, and/or sale of profiles is prohibited. The USER is responsible for his/her account and its use.

 

9. INTELECTUAL PROPERTY: 

 

a. INTELECTUAL PROPERTY OWNERSHIP: 

 

CRYPTOJET alone (and its licensors, where applicable) shall own all rights, titles, and interests, including all related intellectual property rights, in and to the WEBAPP and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by the USER and the SERVICE PROVIDER, or any other party, relating to the WEBAPP.

 

These Terms of Use are not a sale and do not convey to the USER and the SERVICE PROVIDER any rights of ownership in or related to the WEBAPP or any intellectual property rights owned by CRYPTOJET. The CRYPTOJET name, CRYPTOJET logo, and the product names associated with the WEBAPP are trademarks of CRYPTOJET or third parties, and no right or license is granted to use them.

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b. COPYRIGHT: 

 

WEB APP License: Subject to your compliance with these Terms of Use, CRYPTOJET grants the USER and the SERVICE PROVIDER a limited, nonexclusive, non-sublicensable, revocable, non-transferrable license to:

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(i) download, install and use the WEBAPP on a single mobile cellular device and personal computer devices owned or otherwise controlled by the USER and/or the SERVICE PROVIDER solely in connection with your personal, non-commercial use of the services, and,

 

(ii) view, stream, download and print any Collective Content, information, and related materials made available through the WEBAPP, in each case solely for your personal, non-commercial use.

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Copyright License: We may in our sole discretion, permit the USERS to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the WEBAPP, the USER hereby grants to CRYPTOJET a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the services or the WEBAPP.

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CRYPTOJET does not claim any ownership rights in any of the User Content and nothing in these Terms of Use will be deemed to restrict any rights that the USER may have to use and exploit any User Content.

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User Content: The USER acknowledges and agrees that is solely responsible for all User Content that he/she makes available through the WEBAPP. Accordingly, the USER represents and warrants that:

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(i) Is either the sole and exclusive owner of all the User Content that he/she makes available through the WEBAPP or that he/she has all rights, licenses, consents, and releases that are necessary to grant to CRYPTOJET and to the rights in such User Content, as contemplated under these Terms of Use; and,

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(ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or CRYPTOJET’s use of the User Content (or any portion thereof) on, through, or by means of the WEBAPP will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

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c. LICENSE RESTRICTIONS:

 

The USER and the SERVICE PROVIDER shall not:

 

- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the WEBAPP in any way.

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- modify or make derivative works based upon the WEBAPP.

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- create Internet “links” to the service or “frame” or “mirror” any WEBAPP on any other server or wireless or Internet-based device.

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- reverse engineer or access the WEBAPP to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the WEBAPP, or (c) copy any ideas, features, functions or graphics of the WEBAPP.

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- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the WEBAPP.

 

- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws.

 

- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate third-party privacy rights.

 

- send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs.

 

- interfere with or disrupt the integrity or performance of the WEBAPP or the data contained therein.

 

- attempt to gain unauthorized access to the WEBAPP or its related systems or networks.

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d. VIOLATIONS:

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CRYPTOJET will have the right to investigate and prosecute violations of these Terms of Use to the fullest extent of the law.

 

CRYPTOJET may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. The USER and the SERVICE PROVIDER acknowledge that CRYPTOJET has no obligation to monitor your access to or use of the WEBAPP or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of providing the services and operating the WEBAPP to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

 

CRYPTOJET reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CRYPTOJET, at its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the WEBAPP.

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10. MANAGEMENT OF PERSONAL DATA: 

 

CRYPTOJET will fully comply with the appropriate management of any personal data collected from the USER and the SERVICE PROVIDER through the WEBAPP.

 

In accordance with the provisions set by the applicable law for the protection of personal data, any data and information that will be collected, stored, and may be made available to other persons, will be those provided by the USER and the SERVICE PROVIDER and will be used only for the purposes necessary to provide the transportation service with absolute confidentiality.

 

CRYPTOJET reserves the right to use the information collected, generated, or derived from the use of the software to achieve contact between the USER and the SERVICE PROVIDER.

 

The purposes of the processing of personal data are:

 

• Internal registration.
   

• Assignment to the USER of the air transport service.

• Contact channels such as email and social networks.

• Optimize our products and services.

• Sending marketing information, advertising, and commercial allies.

• Background study.

• Any other necessary for the adequate delivery of the transportation services.

 

11. INDEMNIFICATION:

 

By entering these Terms of Use and using the WEBAPP, the USER and the SERVICE PROVIDER independently agree to defend, indemnify and hold CRYPTOJET, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with his/her/its:

 

• violation or breach of any term of these Terms of Use or any applicable law or regulation, whether referenced herein.

 

• violation of any rights of any third party, including providers of transportation services arranged via the WEBAPP.

 

• use or misuse of the WEBAPP.

 

12. SANCTIONS: 

 

CRYPTOJET may take the necessary measures to suspend, deactivate, temporarily or permanently cancel the registration of any registered USER and/or the SERVICE PROVIDER, in case of non-compliance with the terms and conditions established herein.

 

Upon the application of any of the measures indicated in this section, CRYPTOJET will subsequently notify the USER and/or the SERVICE PROVIDER of the measure taken, presenting the reasons for the case if deemed necessary.

 

Any type of fraud detected will be reported to the competent authority to act on the matter.

 

If the USER has complaints about a SERVICE PROVIDER, CRYPTOJET will evaluate the situation and will transfer the complaint to the respective person if it finds that there is a justified cause. CRYPTOJET will be able to suspend the SERVICE PROVIDER if it considers the circumstances alleged by the USER to be valid. The suspension will be executed according to CRYPTOJET's discretion, without causing any type of judicial or economic consequence for the same.

 

During the time of suspension, the SERVICE PROVIDER's services will not be offered, and the USER will be informed that such SERVICE PROVIDER is suspended.

 

13. LIMITATION OF LIABILITY:

 

In no event shall CRYPTOJET’s aggregate liability exceed 5% of the contract amount signed between the USER and the SERVICE PROVIDED through the WEBAPP.

 

In no event shall CRYPTOJET and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or another economic advantage).

 

CRYPTOJET and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the WEBAPP, including but not limited to the use or inability to use the WEBAPP, any reliance placed by the USER on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any SERVICE PROVIDER, advertiser or sponsor whose advertising appears on the website or is referred by the WEBAPP, even if CRYPTOJET and/or its licensors have been previously advised of the possibility of such damages.

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The services may be used by the USER to request and schedule transportation with SERVICE PROVIDERS. The USER expressly waives and releases CRYPTOJET from any and all liability, claims or damages arising from or in any way related to any transportation, goods or logistics services provided to you by SERVICE PROVIDERS. CRYPTOJET will not be a party to disputes, negotiations of disputes between the USER and such SERVICE PROVIDERS.

 

Responsibility for the decisions the USER makes regarding services offered via the WEBAPP (with all its implications) rests solely with him/her. The USER expressly waives and releases any and all rights and benefits.

 

The quality of any air charter services scheduled through the WEBAPP is entirely the responsibility of the SERVICE PROVIDER who ultimately provides such transportation services to the USER.

 

14. DISPUTE RESOLUTION:

 

Any claim or dispute arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof or the use of the WEBAPP (collectively, “Disputes”) between the Parties and/or against any agent, employee, successor, or assign of the other, whether related to this agreement or the relationship or duties contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes then in effect, which are deemed to be incorporated herein by reference. The place of arbitration shall be the State of Delaware.

 

Except that each Party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

The existence and content of the arbitration proceedings and any rulings or awards shall be kept confidential except:

 

• to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or,

 

• with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration.

 

15. GENERAL:

 

a. Notices: CRYPTOJET may give notice by means of a general notice on the WEBAPP, electronic mail to your email address on record with CRYPTOJET, or by written communication sent by first class mail or pre-paid post to your address on record with CRYPTOJET.

 

Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid post) or immediately upon receipt (if sent by email).

 

You may give notice to CRYPTOJET (such notice shall be deemed given when received by CRYPTOJET) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to CRYPTOJET at the following address: 8 The Green, Suite A, Dover, de 19901.

 

b. Assignment: These Terms of Use may not be assigned by the USER and the SERVICE PROVIDER without the prior written approval of CRYPTOJET, but may be assigned without your consent by CRYPTOJET to (i) a parent, subsidiary, or affiliate (ii) an acquirer of equity or assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

 

c. Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to any conflict of law principles.

 

d. Relationship of the Parties: No joint venture, partnership, employment, or agency relationship exists between the USER, CRYPTOJET, or any third-party provider as a result of these Terms of Use or your use of the WEBAPP, except as expressly provided in these Terms.

 

e. Severability: If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

 

f. No Waiver: CRYPTOJET’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and expressly agreed to by CRYPTOJET in writing.

 

g. Entire Agreement: These Terms comprise the entire agreement between the USER, the SERVICE PROVIDER, and CRYPTOJET, and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding your access to and use of the WEBAPP.

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h. Modifications: CRYPTOJET reserves the right to modify or amend these Terms of Use or its policies relating to the WEBAPP in its sole discretion at any time, such amendment or modification to be effective upon posting or publication of an updated version of these Terms of Use on the WEBAPP. The USER is responsible for regularly reviewing these Terms of Use, and the continued use of the WEBAPP after any such changes shall constitute the USER’s consent to be bound by the amended or modified Terms of Use.

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