Terms and Conditions of Use

Section A. General

1. Introduction

These Terms and Conditions apply to Your use and purchase of the Services and nothing in these Terms and Conditions impacts upon the rights of either You nor Us under the applicable Conditions of Carriage.

Please review these Terms and Conditions carefully before using the Services, as by accessing the Services You are confirming that You are legally capable of entering into these Terms and Conditions and that You accept these Terms and Conditions. If We provide complimentary use of the Service, You will still need to create an Account with Us and agree to these Terms and Conditions. Depending on the Airline requirements, You may also be requested to provide a frequent flyer or membership number or similar information.

For the purposes of these Terms and Conditions "We", "Our" and "Us" refers to (i) SkyFive Connect service marketed as NasWifi and (ii) Flynas, while references to "You" and "Your" refers to the persons using the Services (including persons who access the Services on behalf of other persons).

"Airline" means Flynas Company, a joint stock company validly organized and registered under the laws of the Kingdom of Saudi Arabia with its registered office at Unit No. 6, 8018 Abi Bakr As Siddiq, Ar Rabi, AR Riyadh 13316, Kingdom of Saudi Arabia, and

"SkyFive" means SkyFive-Arabia, a limited liability company, duly established and validly existing under the laws of the Kingdom of Saudi Arabia, CR No. 1010853633, with its place of business at 6550, Amir Mohamed bin Saad bin Abdulaziz Road, Al-Kairou, Riyadh 3287, Postal Code 13542, Kingdom of Saudi Arabia.

Other terms that are capitalised in these Terms and Conditions have the meaning given to them in the Glossary (Section C).

The Services are not directed towards children and orders for products and/or Services may only be placed by those over the age of 18 years old. Our team onboard may ask for identification from anyone who places an order, to evidence that they are over 18 years old and are entitled to refuse to serve You, if evidence of being over 18 years old is not produced. Neither We, nor Our Third-Party Providers seek to collect any personal information from anyone under the age of 18 years old.

These Terms and Conditions apply in addition to, but do not in any way supersede, amend or replace (i) the Conditions of Carriage; (ii) any terms relating to any purchase made by You prior to boarding this flight; and (iii) the terms of any loyalty scheme which You may be a member of, whether that of SkyFive Connect or the Airline

2. Placing an Order

2.1 How do I place an order?

To purchase any Services on-board Your Airline, You just place an order via SkyFive Connect service marketed as Nas Wifi Portal (each referred to as a "Request" in these Terms and Conditions). If You are unable to do this, please ask a member of Our on-board team, who can assist You with Your Request and the availability of alternative payment mechanisms. Each Request may then be paid for by You in accordance with the "Payment Methods" section below.

A Request is an offer by You which, if accepted by Us, becomes a legally binding agreement between You and Us and shall be subject to these Terms and Conditions. There are specific terms which shall apply for IFC Services (Section B). We reserve the right to decline any Request.

When You place a Request, You agree to be bound by these Terms and Conditions and to pay for that Request. Please pay attention to the details of the Request, because the total price may include taxes and fees, as applicable, which You are responsible for paying. Please don't confirm a Request unless You are ready to pay, because, subject to the section "Cancellations and Refunds" which identifies Your cancellation rights, all sales are final and fees paid for the Services are non-refundable.

Once We have received Your payment, We will send a receipt for the Request via email within Your Account information for review. Such receipt will contain an itemised breakdown of Your Requests.

2.2 How can I seek assistance?

For assistance with any questions or concerns You may have, please go to https://skyfive-arabia.world/Skyfive_Connect/contact. Responses to all questions will be provided as soon as reasonably possible.

3. Payment Methods

3.1 How do I pay?

To pay for a Request You are able to do so using Your Device. If You are unable to do this, please ask a member of Our on-board team, who can assist You with Your Request and the availability of alternative payment mechanisms, then available. When using Your Device You will be invited to log on to the SkyFive Connect Portal via Your Device in order to make a payment following the on-screen instructions.

Please note, We are unable to accept cash, personal cheques, travellers' cheques, pre-paid cash or currency cards, or to offer refunds onboard.

Prices for the Services are shown in the currency indicated on the Portal and, where applicable, are inclusive of VAT. Prices are subject to change at any time, and there is no price protection or refunds in the event of a price drop, sale or other promotion.

Once You click the "Purchase" button, Your Request will be charged to the payment source You provided. If there is an error with Your Request, please contact Us in accordance with the "How can I seek assistance?" section.

Card payments will appear on Your payment card statement as: "SkyFive-Connect Connectivity Sales" for purchases of Services.

Transactions will be effected in the currency indicated to You and may be converted by Your card issuer into Your home currency. We have neither control over and take no responsibility for the rate of exchange used by Your card provider nor over any transaction fee which may be applied by the card provider.

We accept most major credit cards and debit cards for payment. When You provide a payment source to Us, You confirm that You are permitted to use that payment source. You authorise Us, the Airline and Our Third-Party Providers to collect and store it, along with other related purchase information. When You make a payment, You authorise Us (and Our designated payment processors) to charge the full amount to the payment source You designate for the Request.

If You pay by credit or debit card, We or Our Third-Party Providers may obtain a pre-approval from the issuer of Your card for an amount up to the amount of the Request. We will bill Your card at the time of the Request or shortly thereafter.

If You pay by debit card and Your payment results in an overdraft or other fee from Your bank, You alone are responsible for that fee.

From time to time, credit or debit cards are declined for various reasons. If a purchase is declined due to a credit or debit card issue, first please ensure all data is correct and resubmit it. If the purchase is still not accepted, You may wish to try another card.

3.2 What if there are any disputes regarding payment?

If You believe You have been incorrectly charged, or that an unauthorised Request has taken place, You must notify Us within the time provided for in Your payment card agreement (or within 60 days after the date the charge was incurred if Your payment card agreement does not contain a time period) otherwise You waive Your right to dispute those charges. Such notifications must be submitted to Us in accordance with the "How can I seek assistance?" section.

You are responsible for and agree to reimburse Us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by Us (including costs and related expenses) that were caused by or arising out of payments that You authorised.

4. Actions We May Take

As part of Our effort to keep the Service safe and secure, We may take certain actions to reduce liability for Our users and for Us and Our Third-Party Providers.

We may cancel any Request if We believe the Request violates these Terms of Sale or the Terms and Conditions, or We believe doing so may prevent financial loss.

We may place a delay on a payment for a period of time, limit payment sources for a Request, limit Your ability to make a payment or deactivate Your Account if We believe doing so may prevent financial loss.

We may contact Your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments You are associated with if We believe doing so may prevent financial loss or a violation of law.

5. Cancellations

Subject to any directly applicable rights You have under laws in Your home country, where You are contracting with Us as a user online or by email, You have the right to cancel these Terms and Conditions at any time up to 14 calendar days after the day on which You receive the Goods or Services You ordered.

This is however subject to the terms set out in relation to the relevant Service specific terms below, as specific cancellation provisions apply in respect of the Services.

This is neither intended to be a full statement of Your rights under any consumer/user regulations applicable to You nor is it intended to override any rights that You may have under mandatory provisions of local law.

6. PRIVACY and security

We respect Your Personal Information and We are dedicated to its responsible handling. Please refer to Our privacy policy which explains how We and Our Third-Party Providers will use the information which You have provided to Us ("Privacy Policy"). We may update the Privacy Policy from time to time to, amongst other things, reflect new services or changes to the Services or Our business. Each such update will include the date of the last revision.

If You have reason to believe that Your access to the Services is no longer secured (e.g. loss, theft or unauthorised disclosure or use of usernames, passwords and personal identification numbers), You must promptly change the affected access information.

7. Appropriate use

Your purchase and use of the Services must be in compliance with any and all applicable laws and regulations.

Your access to the Services is on a temporary basis, and We reserve the right to withdraw, restrict or amend the Services accessible to You without notice at Our absolute discretion.

You may only use the Services in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the Kingdom of Saudi Arabia or other jurisdiction from which You are accessing Our Portal. Except as expressly permitted by Us, You shall not use the Services for any other purpose.

In particular, You agree that, You will comply with

(a) the IFC Usage Policy (Section B).

(b) all software products downloaded or accessed are downloaded, installed, and used totally and entirely at the users own risk.

8. Breach of these Terms and Conditions

Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to:

(a) cancel Your Request(s) without reference to You; and/or

(b) deny You access to the Services and block Your access to the Services,

where We believe (in Our absolute discretion) that You (or persons who access or use the Services on Your behalf) are in breach of any of these Terms and Conditions.

9. TRADEMARKS AND COPYRIGHT

The names, images and logos identifying companies in Our group, Our partners or third parties and Our/their goods and services contained within Our Portal are proprietary marks and may not be reproduced or otherwise used without Our express permission. Nothing in these Terms and Conditions shall be construed as conferring by implication any licence or right to use any brand or any trademark, patent, design right or copyright of SkyFive Connect, the Airline or of any Third-Party.

10. Changes to and ACCESS TO the Services

We reserve the right to remove and/or alter the Content and/or the functionality of Our Portal at any time and for any reason whatsoever. In particular, We do not guarantee that any particular piece of Content will be available on the Portal.

We will make reasonable efforts to keep the Portal operational at all times, however We cannot guarantee that Your use of the Portal will be uninterrupted or error-free. From time to time, We may temporarily suspend or remove the Portal for technical, maintenance or operational reasons.

11. OUR RIGHT TO VARY and cancel THESE TERMS AND CONDITIONS

We have the right to revise and amend these Terms and Conditions from time to time to reflect, amongst other things, changes in technology, changes in relevant laws and regulatory requirements, changes in Our system's capabilities and any changes to Our Third-Party Providers or other companies that We work with in connection with the Services.

We can cancel and replace these Terms and Conditions at any time for any reason.

12. Written communications

Applicable laws require that some of the information or communications We send to You should be in writing. You accept therefore that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our websites. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights in Your home country.

13. Transfer of rights and obligations

The Terms and Conditions between You and Us are binding on You and Us and on Our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms and Conditions, or any of Your rights or obligations arising under it, without Our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of Our rights or obligations arising under it, at any time during the use of Our Services.

14. Excusable events

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Terms and Conditions due to unusual and unforeseeable circumstances beyond Our control or that of Our agents, suppliers or subcontractors and that (i) could not have been avoided if reasonable care had been exercised or (ii) which are due to an event that We or Our agents, suppliers or subcontractors could not (even with all due care) have reasonably foreseen or prevented.

These circumstances include (but are not limited to): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic, public health emergencies, or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks and failure of the IT systems of Third Party Providers; and/or the acts, decrees, legislation, regulations or restrictions of any government.

15. Applicable Law, Language and Jurisdiction

Your use of the Services, any material (including data, information and databases) accessed or downloaded from use of the Services, any Requests You make under these Terms and Conditions and the operation of these Terms and Conditions and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of Kingdom of Saudi Arabia and You agree to submit to the non-exclusive jurisdiction of the Saudi Courts.

If You are a resident of any country other than the Kingdom of Saudi Arabia and have placed a Request, these Terms and Conditions are governed in all aspects by the law of the Kingdom of Saudi Arabia but You will have the benefit of any mandatory rules of law applicable in Your country of residence.

We reserve the right to bring proceedings in:

(a) the courts of the country of Your residence;

(b) the courts of the location of Your access, use or storage of any materials (including data, information and databases) or Content obtained from the Portal provided by Your airline or SkyFive Connect;

(c) the courts of the location of any breach by You of these Terms and Conditions; and/or

(d) the courts of the location of Your authorisation of any of the above acts.

Where these Terms and Conditions are translated into languages other than Arabic in the event of any conflict or inconsistency the Arabic language Terms and Conditions shall prevail.

You acknowledge and agree that damages alone would not be an adequate remedy for any breach of any provision of these Terms and Conditions. We shall be entitled to the remedies of injunction, or other reliefs available to Us in equity for any threatened or actual breach of the provisions of these Terms and Conditions.

16. OTHER PROVISIONS

These Terms and Conditions contain all the terms of Your agreement with Us relating to Your use of the Services and all Requests made under these Terms and Conditions. No other written or oral statement (including statements in any brochure or promotional literature published by Us) will be incorporated. We each acknowledge that neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written between Us prior to such contract except as expressly stated in these Terms and Conditions. Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's sole remedy shall be for breach of contract as provided in these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid or unenforceable, then the invalid or unenforceable provision will be removed from these Terms and Conditions without affecting the validity or enforceability of any other provision.

Any reference to the terms "partner(s)" and "partnership(s)" are used to refer to individual marketing or co-operation agreements and not to any relationship which has specific legal or tax implications. We cannot therefore accept any liability for the conduct of these partner organisations, including Our Third-Party Providers.

If We fail, at any time during Your use of the Services, to insist upon strict performance of any of Your obligations under the Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default.

No third party (excluding any member of Our group, who shall have such benefit and right) shall have the benefit of or the right to enforce these Terms and Conditions.

Section B. IFC Services specific terms

B.1 How does the IFC Service operate and what are its limitations?

You as a user connect to the IFC Service using Wi-Fi technology aboard the Airline's aircraft. The IFC Service uses Air-To-Ground (A2G) communications to connect to the aircraft and the aircraft terminal uses various ground stations around the service area to connect to the relevant servers and the Internet.

The goal is for every user to have a quality experience. Due to the limited bandwidth available on an aircraft, which is being shared by multiple users, the IFC Service is designed for basic web browsing, online shopping, email and intranet access through Virtual Private Networks (VPNs) and it is not designed to handle transmission of large amounts of data, such as large file transfers (including downloading/uploading movies or videos), Voice over IP (VoIP) applications or streaming video, the desired capabilities are subject to the product offering purchased. To help provide a quality experience to all users and for the comfort of fellow passengers or as required to comply with applicable law, limits may be placed on the bandwidth available to individual users to allow the IFC Service to be shared with other users, the ability to access or use certain applications and services, including VoIP applications and/or streaming video applications. To help with this, You must comply with the IFC Usage Policy.

The IFC Service may not be available during certain phases of flight, such as taxi, take-off and landing, or during times when the use of electronic devices is restricted by the flight crew. The IFC Service may also not be available in certain geographical areas due to regulatory restrictions or the lack of ground infrastructure.

Service, access to certain features or applications and/or access to and use of certain websites when an aircraft is in that country's airspace.

Due to a variety of factors, IFC Service coverage, speed and quality may vary from areas in which there is good coverage to areas in which there may be sporadic or no coverage, the IFC Service may be disrupted due to altitude, weather, flight path, solar (electromagnetic) storms or similar interference and issues with satellite or terrestrial backhaul may degrade, limit or prevent operation of the IFC Service.

B.2 How long does my purchase last?

The duration of Your use of the IFC Services shall expire dependent upon the type of pass You purchase.

Freemium Passes: If you are connecting to a Freemium package, the IFC Service may be limited in time, data consumed and/or throughput. We may also interrupt the IFC Service for advertisement purposes or provide access to third-parties that are sponsoring the IFC Service. The value of the IFC Service cannot be converted to cash.

Surf/Stream Passes: If you purchase Surf/Stream Passes, the IFC Service is valid for the duration of the flight only. The pass commences at the time of Your placement of the Request and ceases on the aircraft landing.

Time-based Passes: If You are purchasing an hourly or duration of flight pass, the pass is valid for that period only. The pass commences at the time of Your placement of the Request and ceases on the aircraft landing.

MB-based Passes: If You are purchasing a pass with a maximum MB usage, the pass is valid until the allocated MB is depleted. The pass commences at the time of Your placement of the Request and ceases on the aircraft landing.

Combination Passes: If You are purchasing a pass with both a time and maximum MB allocation, the pass then expires when one or both of the allocation is reached.

Time to time other passes, vouchers will be available for purchase. Those passes may have their specific terms and conditions.

Notwithstanding the "Cancellations Section", You acknowledge and agree that once We start providing the IFC Service to You, You will not be able to cancel Your Purchase and seek a refund. This does not in any way affect any statutory rights that You have under any local law that is directly applicable to You and Your purchase.

B.3 IFC Usage Policy

When registering for accessing and/or using the IFC Service, You agree to comply with this IFC Usage Policy. If We believe that You have violated this IFC Usage Policy, We may, in Our sole discretion, suspend or terminate Your Account and/or use technical measures to limit Your access to the IFC Service, in whole or in part, or prevent You from using or accessing the IFC Service in the future.

When using the IFC Service, You agree not to:

(a) allow simultaneous access the IFC Service through more than one Device at a time, unless the pass you purchase specifically allows so;

(b) display offensive content on Your device in view of another person;

(c) resell, redistribute or rebroadcast the IFC Service via any means (for example, You may not connect a IFC or other wireless network to the IFC Service or use Your Device as a mobile "hotspot" or access point or otherwise re-broadcast the IFC Service);

(d) misuse, disrupt or interfere with the IFC Service, for example, by accessing or attempting to access an Account that You are not authorized to access;

(e) copy, modify, reproduce, repurpose, rent, lease, loan, sell or distribute the IFC Service, or any elements thereof, or create derivative works based on the IFC Service or frame any of the IFC Service within another website, application or online service;

(f) use the IFC Service to invade another person's privacy, stalk, harass or otherwise violate the rights of others;

(g) use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," or other similar systems that send requests to Our servers;

(h) perform any fraudulent activity including any impersonating any person or entity, claiming false affiliations, accessing the IFC Service accounts of others without permission, or falsifying Your age or date of birth;

(i) sell or otherwise transfer the access granted to You herein;

(j) record, televise or otherwise broadcast (including through social media or podcasts), any of Our events without Our express written consent and the express written consent of those hosting and conducting Our events; and/or

(k) attempt to do any of the foregoing in this section or assist or permit any persons in engaging in any of the activities described in this section.

B.4 Discontinuation and Modification of the IFC Service

If You violate any provision of the Terms and Conditions, Your permission to use the IFC Service will automatically terminate. In addition, We may suspend or terminate Your access to the IFC Service, with or without notice. We also reserve the right to modify or discontinue the IFC Service at any time (including, without limitation, by limiting or discontinuing certain features of the IFC Service) without notice to You and We or Our Third-Party Providers shall have no liability to You should We exercise such rights.

B.5 Service Responsibility

You agree that You will be fully responsibly for Your use of the IFC Service in compliance with the Terms and Conditions. This includes, but is not limited to, You being responsible for all damage, losses, costs or expenses suffered by Us arising out of any breach by You of these Terms and Conditions.

B.6 System Requirements

To access and use the IFC Service, You will need a compatible Device with IFC capability and running compatible browser software (the IFC Service currently supports current versions of Firefox, Chrome, Safari and Microsoft Edge) and to have an email account. Use of the IFC Service involves third-party's hardware and software, thus Your ability to use the IFC Service may be affected by the availability and performance of these items. You acknowledge and agree that such third-party's items and any related expenses are Your responsibility alone.

You are responsible for the security of any device of Yours connected to the IFC Service, including any data stored on that device, and for implementing appropriate security precautions on that device. At a minimum, please ensure that Your device's firewall is turned on and that it is running up-to-date anti-virus software.

B.7 'Cookies'

By agreeing to these Terms and Conditions, You expressly consent to the use of cookies and similar technologies, although You may block or delete them. Blocking or deleting cookies and similar technologies will not prevent You from using the IFC Service, but it may limit use of certain features and it may require You to manually log-in each time You use the IFC Service. Please refer to the separate Privacy Policy for further information regarding cookies.

B.8 Data and Filtering

Account Information, any Content You send or receive using the IFC Service and other associated data may be transmitted over various networks, processed and/or stored within or outside of Your country of residence and changed to conform and adapt to technical requirements. By agreeing to these Terms and Conditions, You expressly consent to such use, transmission, processing and storage.

Depending on the location of an aircraft, the country of registration of an aircraft, Our or Our Third-Party Providers' licenses or authorisations from various jurisdictions and other factors, the operation of the IFC Service is subject to legal requirements of various jurisdictions. Operation of the IFC Service may be filtered, restricted or unavailable while in transit in or over certain countries or at the request of the Airline or otherwise as required to comply with applicable law.

You specifically acknowledge and agree that We may as a necessary incident of providing the IFC Service, or as required or permitted by law, by government authorities or by the Airline or otherwise as contemplated by these Terms and Conditions, use technical and other means to identify, inspect, remove, block, filter and/or restrict access to certain Content, online services, websites or applications.

B.9 Who Owns What?

The IFC Service allows You to Transmit Content. You retain ownership of any intellectual property rights that You hold in such Content. When You Transmit Content, You give Us, Our Third Party Providers and Our service partners a worldwide license to use, host, store, reproduce, modify, transmit, publish, publicly perform, publicly display and distribute such Content. The rights You grant in this license are for the limited purpose of operating and improving the IFC Service.

The IFC Service, including software, graphics, text, design tools, images, pictures, layout, algorithms and look and feel, contains proprietary information and material that is owned by Us and/or Our licensors, and are protected by applicable intellectual property and other laws. You agree not to use or copy such information or materials in any way whatsoever except for using the IFC Service in compliance with these Terms and Conditions. All copyrights in and to the IFC Service are solely and exclusively owned by Us and/or Our licensors. All data and information generated in connection with the operation of the IFC Service is owned solely and exclusively by Our Third-Party Providers and/or Us.

When You properly access the IFC Service, You are granted a personal, worldwide, revocable, royalty-free, non-assignable and non-exclusive licence to use the IFC Service in accordance with these Terms and Conditions. This licence is for the sole purpose of enabling You to use and enjoy the benefit of the IFC Service only for its intended purpose as permitted by these Terms and Conditions. You may neither copy, modify, distribute, sell or lease any part of the IFC Service, nor may You reverse engineer or attempt to extract any source code of any software used by the IFC Service, unless the laws prohibit those restrictions or You have Our written permission.

B.10 Privacy

We may collect, use and disclose information about You and Your use of the IFC Service in accordance with Our Privacy Policy. By using the IFC Service, You consent to Our collection, use and disclosure of Your information as described in Our Privacy Policy.

B.11 Disclosure

We may disclose Your Account Information, Content and other information collected by Us to law enforcement authorities, government officials, and/or a third party, as We believe We are required to do or is reasonably necessary or appropriate or to enforce and/or verify compliance with any part of these Terms and Conditions.

B.12 Warranty Disclaimers

The IFC Service is provided on an "as is" and "as available" basis and We, Our Third-Party Providers and Our licensors (collectively, and together with their respective directors, officers, employees, contractors and agents, the "IFC Service Parties"), do not guarantee, represent or warrant that the use of the IFC Service will be uninterrupted or error-free, and You acknowledge that from time to time We may remove or limit the IFC Service or portions thereof for indefinite periods of time or terminate the IFC Service or portions thereof at any time.

To the fullest extent permitted by law, the IFC Service Parties expressly disclaim all warranties, express or implied, in connection with the IFC Service and Your use of them, including but not limited to the implied warranties of quality, accuracy, timeliness, completeness, correctness, non-infringement, reliability, suitability or fitness for a particular purpose. The IFC Service Parties also disclaim any and all other warranties, express, implied or statutory.

In connection with Your use of the IFC Service, You expressly agree that the IFC Service Parties are not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive or illegal conduct or content, or any infringement of Your or another's rights including, without limitation, privacy and intellectual property rights and You hereby release the IFC Service Parties from any and all such claims based on the conduct and content of third parties.

The IFC Service Parties do not represent or guarantee that the IFC Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.

B.13 Limitation of Liability

Unless prohibited by law in a particular instance:

(a) IFC Service Parties disclaim any liability to You or any third party for, and You agree not to make, and You agree to release the IFC Service Parties from, any claims or damage arising from (i) any errors, omissions, mistakes or inaccuracies in the IFC Service; (ii) any loss or corruption of, or damage to, any of Your content; (iii) any failure to collect, transmit or display any content; (iv) any service failure, disruption or interruption of any type that renders the IFC Service either wholly, partially or intermittently unavailable for any duration; and/or (v) any harmful or malicious code, such as bugs, viruses, trojans or the like, that may be transmitted through the IFC Service.

(b) IFC Service Parties are neither liable to You or any third party for any indirect, incidental, special, consequential, punitive or exemplary losses, nor for any legal fees and expenses or any direct or indirect (i) loss of profit, (ii) goodwill, (iii) income, (iv) use, (v) data or (vi) other intangible losses (even if advised of the possibility of such damages).

(c) SkyFive's maximum aggregate liability to You for all claims or damage relating to the IFC Service are limited to the amount actually paid by You to Us in consideration for the IFC Service session(s) at issue.

(d) If You have a dispute with another user, You release the IFC Service Parties from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

(e) These limitations of liability apply not only to You, but to: (i) anyone using Your Account, (ii) anyone making a claim on Your behalf, and (iii) any claims made by Your family, successors or others arising out of or relating in any way to the IFC Service.

Some jurisdictions do not allow the exclusion of certain warranties and liabilities. Accordingly, some of the above exclusions may not apply to You.

B.14 Indemnity

You agree to keep the IFC Service Parties harmless with respect to any claims arising as a result of Your breach of the IFC Usage Policy or any prohibited or unauthorised use by You of the IFC Service.

Section C. Glossary

"Account" means the account You set up with SkyFive Connect or the Airline in order to access the Portal and its offerings;

"Content" is any emails, messages, files, software, digital media of any nature, on-demand content (including television programmes, movies, clips, graphics, logos, interfaces, layout and/or other audio-visual content), comments, feedback or other data or information that is Transmitted or made available through the Services and includes any HTML tag or other code or metadata which is contained in, linked to, from and around the Content.

"Device" shall mean Your mobile phone, tablet, laptop or any other device connected to the IFC Services;

"Portal" shall mean the portal onboard of Your flight, available via the screen of your Device, the onboard intranet services provided by Us and/or via any application made available to You by Us;

"Services" shall mean collectively the IFC Services and any other services or goods that could be accessed or made via the Portal or through any application;

"Third Party Provider" shall mean a third-party provider providing the Services to You;

"Transmit" is to upload, download, distribute, transmit or otherwise send or receive Content through the Service;

"IFC Service" shall mean the Inflight Connectivity "IFC" services accessed and purchased by You which is subject to the IFC Usage Policy;

"IFC Usage Policy" shall mean the separate IFC usage policy (Section B) as provided by Us and as may be amended from time to time.