Terms of Service

TERMS OF SERVICE

TRACKMYWINGS

TECHNOLOGIES PRIVATE LIMITED

CHAPTER 1PRELIMINARY

1.1 Purpose

These Terms of Service (”Terms”) govern the access to and use of the websites, mobile applications, application programming interfaces (APIs), software platforms, cloud-based services and all related digital products and services (collectively, the “Services”) provided by TrackMyWings Technologies Private Limited (”TrackMyWings”, “Company”, “we”, “our” or “us”).

These Terms constitute a legally binding agreement between the Company and every individual or legal entity accessing or using the Services (”User”, “you” or “your”).

By creating an Account, accessing or using any part of the Services, the User acknowledges that they have read, understood and agreed to be bound by these Terms and all documents incorporated herein by reference.

PART AScope of Application

1.2 Application

These Terms apply to every Service offered by the Company, including but not limited to:

• (a) websites;
• (b) mobile applications;
• (c) progressive web applications;
• (d) APIs;
• (e) cloud-based software services;
• (f) aviation intelligence services;
• (g) flight tracking services;
• (h) travel management services;
• (i) artificial intelligence powered services;
• (j) community features;
• (k) subscription services;
• (l) developer services;
• (m) customer support systems;
• (n) future products and services introduced by the Company.

1.3 Territorial Scope

The Services may be accessed globally, subject to Applicable Law.

Certain Services may be unavailable or restricted in particular jurisdictions due to:

• (a) legal requirements;
• (b) sanctions;
• (c) licensing restrictions;
• (d) operational limitations;
• (e) availability of third-party aviation data.

1.4 Acceptance

A User shall be deemed to have accepted these Terms upon:

• (a) creating an Account;
• (b) logging into the Platform;
• (c) accessing any Service;
• (d) subscribing to a paid plan;
• (e) importing travel information;
• (f) tracking flights;
• (g) using AI-powered features;
• (h) otherwise indicating acceptance through legally recognised electronic means.

PART BNature of the Platform

1.5 Technology Platform

TrackMyWings operates as a technology platform providing aviation intelligence, travel management and digital travel services.

Except where expressly stated, the Company does not operate:

• airlines;
• airports;
• air traffic services;
• aircraft;
• hotels;
• travel agencies;

transportation services.

1.6 Information Services

Many Services consist of:

• aviation information;
• analytical tools;
• travel insights;
• predictive models;
• notification systems;

organisational tools.

These Services are intended to assist Users and do not replace official operational information issued by airlines, airports or governmental authorities.

1.7 Third-Party Data

Certain Services rely upon information supplied by independent third-party providers.

Such information may include:

• (a) flight schedules;
• (b) aircraft positions;
• (c) airport information;
• (d) weather information;
• (e) operational status;
• (f) gate information;
• (g) aviation databases;
• (h) mapping services.

The Company shall use commercially reasonable efforts to obtain reliable information but cannot guarantee that third-party information will always be complete, accurate, uninterrupted or current.

PART CRelationship with Other Policies

1.8 Incorporated Documents

The following documents form part of these Terms:

• (a) Privacy Policy;
• (b) Cookie Policy;
• (c) Subscription Policy;
• (d) Community Guidelines;
• (e) Acceptable Use Policy;
• (f) Aviation Data Policy;
• (g) Copyright Policy;
• (h) any additional policy published by the Company.

Where inconsistency exists, the document specifically governing the relevant subject matter shall prevail.

1.9 Privacy Policy

The collection, use, disclosure, storage and protection of Personal Data shall be governed exclusively by the Company’s Privacy Policy.

Nothing contained in these Terms shall reduce any statutory privacy rights available under Applicable Law.

PART DElectronic Contract

1.10 Electronic Acceptance

Electronic acceptance of these Terms shall constitute execution of a legally binding contract.

Electronic records maintained by the Company regarding acceptance of these Terms may be relied upon as evidence to the fullest extent permitted by Applicable Law.

1.11 Electronic Communications

Users consent to receiving communications electronically, including:

• security notifications;
• subscription notices;
• flight alerts;
• itinerary notifications;
• service announcements;
• legal notices;
• policy updates;
• invoices;

receipts.

PART EFuture Services

1.12 Platform Evolution

The Company continuously develops new technologies.

Future Services, including those based upon artificial intelligence, machine learning, predictive analytics, automation or emerging technologies, shall automatically become subject to these Terms unless expressly stated otherwise.

1.13 Good Faith

The Company and every User shall perform their respective obligations honestly, reasonably and in good faith.

1.14 Compliance with Law

Nothing contained in these Terms authorises conduct prohibited by Applicable Law.

Users remain solely responsible for ensuring that their use of the Services complies with all laws applicable in their jurisdiction.

Schedule 1-A

Service Categories

CHAPTER 2DEFINITIONS AND INTERPRETATION

2.1 Purpose

This Chapter defines the expressions used throughout these Terms of Service (”Terms”) and establishes the principles governing their interpretation.

Unless the context otherwise requires, capitalised words and expressions used in these Terms shall have the meanings assigned in this Chapter.

Where a term is defined both in these Terms and in the Company’s Privacy Policy, the definition that is most specifically applicable to the relevant subject matter shall prevail. In matters relating to the processing of Personal Data, the definitions contained in the Privacy Policy shall govern.

PART AGeneral Definitions

2.2 Company

“Company”, “TrackMyWings”, “we”, “our” or “us” means TrackMyWings Technologies Private Limited, a company incorporated under the Companies Act, 2013, together with its subsidiaries (if any), successors, permitted assigns, officers, employees, contractors and authorised representatives.

2.3 User

“User”, “you” or “your” means any individual or legal entity that accesses, browses, registers for or uses the Services, whether as:

• (a) a guest;
• (b) a registered account holder;
• (c) a subscriber;
• (d) a traveller;
• (e) a community participant;
• (f) a developer using APIs;
• (g) an authorised representative of an organisation; or
• (h) any other lawful user of the Services.

2.4 Account

“Account” means the digital profile created by a User to access one or more Services offered by the Company.

2.5 Services

“Services” means all products, technologies, software, digital platforms and online services operated or made available by the Company, including present and future services.

2.6 Platform

“Platform” means the Company’s websites, mobile applications, APIs, cloud infrastructure, backend systems and related technological infrastructure through which the Services are made available.

PART BAviation Definitions

2.7 Flight

“Flight” means any scheduled, chartered, commercial or otherwise identifiable aircraft operation recognised by the relevant aviation authority or aviation data provider.

2.8 Flight Tracking

“Flight Tracking” means the monitoring, display or presentation of operational flight information, including aircraft position, route, departure, arrival and related operational status.

2.9 Flight Information

“Flight Information” means information relating to a Flight, including, where available:

• (a) airline;
• (b) flight number;
• (c) aircraft type;
• (d) registration;
• (e) scheduled departure;
• (f) estimated departure;
• (g) actual departure;
• (h) scheduled arrival;
• (i) estimated arrival;
• (j) actual arrival;
• (k) delays;
• (l) cancellations;
• (m) diversions;
• (n) airport information;
• (o) baggage information;
• (p) gate information;
• (q) terminal information; and
• (r) other operational information supplied through the Services.

2.10 Aviation Data Provider

“Aviation Data Provider” means any independent third-party organisation supplying aviation-related information, including operational flight data, airport information, weather information, aircraft information or related datasets used by the Platform.

2.11 Real-Time Data

“Real-Time Data” means operational information that is intended to reflect events occurring substantially contemporaneously with the relevant activity, recognising that transmission, processing and third-party delays may occur.

PART CArtificial Intelligence

2.12 Artificial Intelligence

“Artificial Intelligence” or “AI” means computational systems capable of generating predictions, recommendations, classifications, analyses or other outputs using statistical, machine learning or other automated techniques.

2.13 AI Prediction

“AI Prediction” means any estimate, recommendation, forecast or analytical output generated through Artificial Intelligence, including delay predictions, travel recommendations and operational insights.

2.14 Machine Learning

“Machine Learning” means computational models capable of improving predictive performance through analysis of historical or operational data.

PART DTravel Services

2.15 Trip

“Trip” means one or more Flights, travel events or itineraries organised by a User through the Platform.

2.16 Trip Management

“Trip Management” means the digital organisation, storage, management and monitoring of travel itineraries through the Services.

2.17 Flight Passport

“Flight Passport” means the Company’s digital travel history service that enables Users to maintain records of Flights, travel history, aviation milestones, travel maps and related statistics.

2.18 Flight Statistics

“Flight Statistics” means analytical information generated from a User’s travel history, including distances travelled, airports visited, airlines used, aircraft types and similar metrics.

2.19 Carbon Footprint Estimate

“Carbon Footprint Estimate” means an estimated calculation of greenhouse gas emissions associated with a Flight or Trip based upon recognised methodologies and available operational data.

PART ECommunity Services

2.20 Community Features

“Community Features” means functionality allowing Users to interact with other Users, share Trips, exchange information, maintain friend connections and participate in aviation-related communities.

2.21 User Content

“User Content” means all information, photographs, comments, messages, reviews, profile information or other material submitted by a User through the Platform.

2.22 Friend

“Friend” means another User who has established a mutual connection through the Platform’s Community Features.

PART FCommunication Services

2.23 Push Notification

“Push Notification” means an electronic message transmitted to a User’s device through Firebase Cloud Messaging, Apple Push Notification Service or comparable notification infrastructure.

2.24 Alert

“Alert” means any automated notification generated by the Platform, including:

• (a) flight status alerts;
• (b) gate change alerts;
• (c) delay alerts;
• (d) cancellation alerts;
• (e) boarding reminders;
• (f) subscription notifications;
• (g) security notifications.

2.25 Email Import

“Email Import” means the voluntary process through which a User forwards travel confirmation emails to the Company for automated extraction of itinerary information.

PART GSubscription Services

2.26 Subscription

“Subscription” means a recurring or prepaid plan providing access to premium Services offered by the Company.

2.27 Premium Services

“Premium Services” means enhanced functionality available only to subscribed Users.

PART HLegal Definitions

2.28 Personal Data

“Personal Data” shall have the meaning assigned under the Company’s Privacy Policy and Applicable Law.

2.29 Applicable Law

“Applicable Law” means all statutes, regulations, notifications, judicial decisions, governmental directions and legally binding requirements applicable to the Company, the Platform or the User.

2.30 Intellectual Property Rights

“Intellectual Property Rights” includes copyrights, trademarks, patents, database rights, design rights, trade secrets, domain names, moral rights and all analogous proprietary rights recognised under Applicable Law.

2.31 Force Majeure Event

“Force Majeure Event” means any event beyond the reasonable control of the affected Party, including natural disasters, war, terrorism, cyber-attacks, governmental restrictions, widespread communication failures, epidemics, pandemics and other comparable extraordinary events.

PART IRules of Interpretation

2.32 General Interpretation

Unless the context otherwise requires:

• (a) the singular includes the plural and vice versa;
• (b) references to one gender include every gender;
• (c) headings are inserted for convenience only;
• (d) references to legislation include amendments and successor legislation;
• (e) the words “including”, “includes”, “such as” and “for example” mean “including without limitation”;
• (f) references to electronic records include digitally maintained records recognised under Applicable Law.

2.33 References

References to any document include:

• (a) electronic versions;
• (b) updated versions;
• (c) successor documents;
• (d) officially published amendments.

2.34 Survival of Definitions

The definitions contained in this Chapter shall continue to apply to any rights, obligations or disputes arising under these Terms notwithstanding the suspension, termination or expiry of a User’s Account or use of the Services.

Schedule 2-A

Defined Terms Reference Matrix

CHAPTER 3USER ELIGIBILITY, REGISTRATION, ACCOUNT MANAGEMENT AND IDENTITY VERIFICATION

3.1 Purpose

This Chapter establishes the eligibility requirements for accessing and using the Services, the procedures governing Account creation, authentication and identity verification, and the respective rights and obligations of the Company and Users in relation to Account management.

The Company is committed to maintaining a secure, reliable and trustworthy Platform by implementing commercially reasonable measures to verify Users, protect Accounts and prevent fraud, abuse and unauthorised access.

PART AEligibility

3.2 Eligibility to Use the Services

A User may access or use the Services only if the User:

• (a) possesses the legal capacity to enter into a binding contract under Applicable Law;
• (b) is not prohibited by Applicable Law from using the Services;
• (c) complies with these Terms and all applicable laws and regulations;
• (d) is not subject to sanctions, export restrictions or other legal prohibitions that would make the provision of the Services unlawful; and
• (e) provides accurate and complete information required for the Services.

3.3 Minors

Individuals who have not attained the age of majority under Applicable Law may use the Services only through a parent, legal guardian or other authorised representative who accepts these Terms on their behalf.

The parent or guardian shall remain responsible for all activities conducted through such Account.

Certain Community Features or Subscription Services may be unavailable to minors where required by Applicable Law or Company policy.

3.4 Business and Organisational Accounts

Where an Account is created on behalf of a company, partnership, educational institution, governmental body or other organisation, the individual creating or administering the Account represents and warrants that they possess the authority to bind that organisation to these Terms.

PART BRegistration

3.5 Account Registration

Certain Services require the creation of a registered Account.

During registration, the Company may request information including:

• (a) full name;
• (b) email address;
• (c) mobile telephone number;
• (d) country or region of residence;
• (e) profile photograph (optional);
• (f) preferred language;
• (g) time zone;
• (h) subscription preferences; and
• (i) any other information reasonably necessary for providing the Services.

The Company reserves the right to refuse registration where the information provided is incomplete, misleading, fraudulent or otherwise inconsistent with these Terms or Applicable Law.

3.6 Accuracy of Information

The User represents and warrants that all information provided:

• (a) is true;
• (b) is accurate;
• (c) is current;
• (d) is complete; and
• (e) is not misleading.

The User shall promptly update any information that becomes inaccurate or outdated.

3.7 One Account Policy

Unless expressly authorised by the Company, a User shall not:

• (a) create multiple Accounts for the same individual for the purpose of circumventing Platform rules;
• (b) impersonate another person;
• (c) create Accounts using false identities;
• (d) transfer an Account to another person without the Company’s prior written approval;
• (e) purchase or sell Accounts.

PART CAuthentication

3.8 Login Methods

The Company may permit authentication using one or more of the following methods:

• (a) email and password;
• (b) one-time password (OTP);
• (c) passkeys;
• (d) biometric authentication supported by the User’s device;
• (e) social sign-in providers;
• (f) other secure authentication mechanisms introduced by the Company.

Availability of authentication methods may vary depending upon jurisdiction, operating system, device capabilities and security requirements.

3.9 Social Sign-In

Where the Company permits authentication through third-party identity providers, including Google, Apple or similar services, the User authorises the Company to receive only such information as the User permits through the relevant provider.

Authentication through third-party providers shall remain subject to the terms and privacy policies of those providers.

3.10 Multi-Factor Authentication

The Company may require Multi-Factor Authentication (“MFA”) for:

• (a) premium subscriptions;
• (b) sensitive account changes;
• (c) high-risk logins;
• (d) administrative accounts;
• (e) any circumstance where enhanced security is reasonably necessary.

Failure to complete mandatory authentication may prevent access to certain Services.

PART DIdentity Verification

3.11 Verification Measures

The Company may require reasonable identity verification before providing access to particular Services or completing specified actions.

Verification measures may include:

• (a) email verification;
• (b) mobile verification;
• (c) one-time passwords;
• (d) payment verification;
• (e) device verification;
• (f) government-issued identification where legally required;
• (g) verification through trusted third-party identity providers; or
• (h) other commercially reasonable verification methods.

3.12 Risk-Based Verification

Additional verification may be requested where reasonably necessary to:

• (a) prevent fraud;
• (b) investigate suspicious activity;
• (c) protect Platform security;
• (d) comply with Applicable Law;
• (e) comply with lawful governmental requests;
• (f) protect other Users.

Failure to complete requested verification may result in restricted functionality, temporary suspension or refusal of particular Services.

PART EAccount Security

3.13 User Responsibilities

The User shall:

• (a) maintain the confidentiality of Account credentials;
• (b) create strong passwords where passwords are used;
• (c) promptly update compromised credentials;
• (d) safeguard devices used to access the Platform;
• (e) immediately notify the Company of suspected unauthorised access;
• (f) sign out from shared devices where appropriate.

The User remains responsible for activities conducted through the Account except to the extent otherwise provided by Applicable Law.

3.14 Device Management

The Company may permit simultaneous access from multiple authorised devices.

For security purposes, the Company may:

• (a) display active sessions;
• (b) permit remote logout;
• (c) revoke trusted devices;
• (d) require re-authentication following prolonged inactivity or unusual activity.

3.15 Security Monitoring

The Company may implement automated systems designed to identify:

• (a) credential stuffing;
• (b) account takeover attempts;
• (c) suspicious login patterns;
• (d) abnormal device behaviour;
• (e) unusual subscription activity;
• (f) automated abuse.

Such monitoring shall be conducted in accordance with the Company’s Privacy Policy and Applicable Law.

PART FAccount Management

3.16 Account Preferences

Users may manage various Account settings, including:

• (a) profile information;
• (b) privacy settings;
• (c) notification preferences;
• (d) language preferences;
• (e) subscription settings;
• (f) community visibility settings;
• (g) connected devices.

Certain settings may be mandatory for security or regulatory purposes.

3.17 Linked Accounts

The Platform may allow Users to connect Accounts with approved third-party services.

The Company shall not be responsible for the continued availability or operation of such third-party services.

3.18 Account Recovery

Where a User loses access to an Account, the Company may provide recovery procedures requiring reasonable verification of identity before access is restored.

The Company may refuse recovery where identity cannot reasonably be established.

PART GSuspension and Restriction

3.19 Grounds for Suspension

Without limiting any other rights available under these Terms, the Company may temporarily suspend or restrict an Account where it reasonably believes that:

• (a) inaccurate information has been provided;
• (b) fraudulent activity is suspected;
• (c) these Terms have been materially breached;
• (d) Platform security is threatened;
• (e) unlawful activity is suspected;
• (f) repeated abuse of Community Features has occurred;
• (g) subscription fraud has occurred;
• (h) continued access may expose the Platform or other Users to unacceptable risk.

3.20 Effect of Suspension

During suspension, the Company may restrict access to some or all Services, including:

• (a) flight tracking;
• (b) community functionality;
• (c) premium features;
• (d) API access;
• (e) developer services;
• (f) subscription benefits.

Suspension shall not affect obligations accrued before suspension.

PART HAccount Closure

3.21 Closure by the User

A User may request closure of an Account at any time, subject to:

• (a) settlement of outstanding subscription obligations;
• (b) compliance with Applicable Law;
• (c) completion of pending verification processes where legally required; and
• (d) the Company’s data retention obligations under the Privacy Policy.

Closure of an Account shall not automatically erase information that the Company is legally required or legitimately entitled to retain.

3.22 Closure by the Company

The Company may permanently terminate an Account where:

• (a) repeated or serious violations of these Terms occur;
• (b) fraudulent conduct is established;
• (c) unlawful activity is confirmed;
• (d) continued provision of the Services would violate Applicable Law;
• (e) required by a competent authority.

Where reasonably practicable, prior notice shall be provided unless immediate action is necessary to protect the Platform, Users or legal compliance.

PART IContinuing Obligations

3.23 Survival

Termination or closure of an Account shall not affect provisions relating to:

• (a) subscription payments already due;
• (b) intellectual property;
• (c) confidentiality;
• (d) privacy and data retention;
• (e) limitation of liability;
• (f) dispute resolution;
• (g) governing law;
• (h) indemnification; or
• (i) any provision intended by its nature to survive termination.

3.24 Reservation of Rights

Nothing contained in this Chapter limits the Company’s right to implement additional security measures, authentication procedures or identity verification mechanisms where reasonably necessary to protect the integrity of the Platform or comply with Applicable Law.

Schedule 3-A

Account Lifecycle Matrix

CHAPTER 4DESCRIPTION OF SERVICES

4.1 Purpose

This Chapter describes the nature, scope and operational framework of the Services provided by TrackMyWings Technologies Private Limited (”TrackMyWings” or the “Company”). It defines the Company’s role as a technology platform providing aviation intelligence, travel management, artificial intelligence-powered services and related digital solutions.

The Company continuously develops new technologies and services. Accordingly, the Services described in this Chapter are illustrative and not exhaustive. The Company may introduce, modify, suspend or discontinue Services in accordance with these Terms.

PART ANature of the Platform

4.2 Technology Platform

TrackMyWings is an aviation technology platform designed to assist Users in monitoring, organising and managing travel through intelligent digital tools.

The Company provides software, cloud infrastructure, data processing, artificial intelligence, analytics and communication technologies to enable the Services described in these Terms.

Except where expressly stated, the Company does not own, operate or control:

• (a) airlines;
• (b) airports;
• (c) aircraft;
• (d) air navigation services;
• (e) ground handling agencies;
• (f) immigration authorities;
• (g) customs authorities;
• (h) weather agencies; or
• (i) other aviation operators.

4.3 Independent Platform

The Company acts as an independent technology provider.

Nothing contained in these Terms shall be construed as creating:

• (a) an airline;
• (b) a travel agency relationship;
• (c) an airport operator;
• (d) an aviation authority;
• (e) an air carrier;
• (f) an insurer;
• (g) a transportation provider; or
• (h) an employment, agency or partnership relationship with any third party unless expressly agreed in writing.

PART BFlight Intelligence Services

4.4 Real-Time Flight Tracking

The Platform enables Users to search, monitor and track commercial flights using operational information obtained from independent Aviation Data Providers.

Flight Tracking may include:

• (a) scheduled departure and arrival times;
• (b) estimated departure and arrival times;
• (c) actual operational status;
• (d) aircraft position, where available;
• (e) flight route;
• (f) airline information;
• (g) airport information;
• (h) terminal information;
• (i) gate information;
• (j) baggage carousel information, where available;
• (k) aircraft type;
• (l) registration information, where available;
• (m) delay information;
• (n) cancellation information; and
• (o) other operational aviation information made available to the Company.

Availability of Flight Tracking features may vary depending upon airline, airport, jurisdiction, regulatory restrictions and third-party data availability.

4.5 Flight Search

Users may search for Flights using information including:

• (a) flight number;
• (b) airline;
• (c) airport;
• (d) city;
• (e) route;
• (f) date;
• (g) aircraft registration, where supported;
• (h) other available search parameters.

Search results are generated from information received from third-party Aviation Data Providers and may not always reflect real-time operational changes.

4.6 Flight Alerts

The Platform may provide automated alerts relating to Flights, including:

• (a) departure updates;
• (b) arrival updates;
• (c) boarding reminders;
• (d) operational changes;
• (e) diversions;
• (f) cancellations;
• (g) delays;
• (h) aircraft changes; and
• (i) other flight-related events.

Alerts are provided for informational purposes only and may be delayed or unavailable due to technical, operational or third-party limitations.

PART CArtificial Intelligence Services

4.7 AI Delay Predictions

The Company may utilise Artificial Intelligence and Machine Learning models to estimate the likelihood, duration or causes of flight delays.

AI-generated predictions are based upon factors including:

• (a) historical operational data;
• (b) weather patterns;
• (c) airport congestion;
• (d) seasonal trends;
• (e) publicly available operational information;
• (f) statistical modelling; and
• (g) other available datasets.

AI Predictions are probabilistic estimates and shall not constitute guarantees of future events.

4.8 Intelligent Recommendations

The Platform may provide AI-generated recommendations, including:

• (a) travel suggestions;
• (b) itinerary recommendations;
• (c) airport guidance;
• (d) operational insights;
• (e) travel efficiency suggestions;
• (f) alternative travel options; and
• (g) personalised user experiences.

Such recommendations are intended solely to assist Users and should not be regarded as professional, operational or legal advice.

PART DTrip Management Services

4.9 Trip Management

The Platform enables Users to create, organise and manage travel itineraries digitally.

Trip Management features may include:

• (a) itinerary organisation;
• (b) travel timelines;
• (c) multiple flight management;
• (d) travel reminders;
• (e) destination organisation;
• (f) document reminders;
• (g) travel history.

4.10 Group Travel

The Platform may enable collaborative travel management through Group Travel Dashboards.

Users may:

• (a) share itineraries;
• (b) coordinate travel;
• (c) monitor shared trips;
• (d) receive shared travel updates;
• (e) invite other Users to participate in group itineraries.

The Company does not verify the identity or reliability of participants in shared travel arrangements.

PART EFlight Passport and Analytics

4.11 Flight Passport

The Company may provide a digital Flight Passport enabling Users to maintain records of Flights undertaken.

The Flight Passport may include:

• (a) travel history;
• (b) countries visited;
• (c) airports visited;
• (d) airlines flown;
• (e) aircraft types;
• (f) travel milestones;
• (g) digital badges;
• (h) aviation achievements;
• (i) historical records.

4.12 Flight Statistics

The Platform may generate travel analytics including:

• (a) total flights;
• (b) flight hours;
• (c) total distance travelled;
• (d) airports visited;
• (e) countries visited;
• (f) airlines flown;
• (g) aircraft types;
• (h) route maps;
• (i) yearly summaries;
• (j) other personalised travel statistics.

Analytics are generated automatically from available travel information and may change where additional data becomes available.

4.13 Carbon Footprint Estimates

The Platform may provide estimated carbon emission calculations associated with Flights.

Carbon calculations:

• (a) are estimates only;
• (b) rely upon recognised calculation methodologies;
• (c) depend upon available operational information;
• (d) are not environmental certifications;
• (e) may change as methodologies evolve.

PART FEmail Import Services

4.14 Email Import

Users may voluntarily forward travel confirmation emails to an address designated by the Company for automated itinerary extraction.

The Company shall process forwarded emails solely for:

• (a) identifying travel information;
• (b) extracting itinerary details;
• (c) creating Trips;
• (d) updating Flight information;
• (e) improving travel management functionality.

The Company shall not retain raw email content beyond the period reasonably necessary to complete extraction, except where retention is required by Applicable Law or the Privacy Policy.

4.15 Extraction Limitations

Automated extraction depends upon the structure and quality of forwarded emails.

Accordingly:

• (a) extraction may fail;
• (b) extracted information may be incomplete;
• (c) manual correction by the User may be required;
• (d) unsupported booking formats may not be recognised.

PART GCommunity Services

4.16 Community Features

The Platform may include Community Features enabling Users to:

• (a) connect with friends;
• (b) share Flights;
• (c) share travel experiences;
• (d) participate in aviation communities;
• (e) exchange travel information;
• (f) view shared travel activity;
• (g) create public or private profiles.

Community participation is voluntary.

4.17 User Responsibility

Users remain solely responsible for information they choose to share through Community Features.

The Company does not guarantee the authenticity, accuracy or reliability of User-generated content.

PART HNotifications

4.18 Push Notifications

The Company may transmit notifications using:

• (a) Firebase Cloud Messaging;
• (b) Apple Push Notification Service;
• (c) operating system notification services;
• (d) other notification infrastructure.

Notifications may include:

• (i) Flight Alerts;
• (ii) gate changes;
• (iii) delay predictions;
• (iv) subscription notices;
• (v) security notifications;
• (vi) service announcements.

Delivery depends upon device settings, network availability and third-party infrastructure.

PART ISubscription Services

4.19 Premium Subscription

The Company may offer subscription plans providing enhanced functionality.

Premium features may include:

• (a) advertisement-free experience;
• (b) enhanced analytics;
• (c) additional Flight Passport features;
• (d) advanced AI capabilities;
• (e) increased notification options;
• (f) future premium services.

Availability of Premium Services may vary by jurisdiction and subscription plan.

PART JService Evolution

4.20 Continuous Improvement

The Company continually develops and improves the Platform.

Accordingly, the Company may:

• (a) introduce new features;
• (b) modify existing functionality;
• (c) replace technologies;
• (d) discontinue obsolete services;
• (e) improve artificial intelligence systems;
• (f) expand Platform capabilities.

4.21 Beta Features

The Company may release experimental or beta features.

Beta features:

• (a) may contain errors;
• (b) may be incomplete;
• (c) may change without notice;
• (d) may be withdrawn at any time;
• (e) are provided on an “as available” basis.

4.22 Suspension or Discontinuation

The Company reserves the right to modify, suspend or discontinue any part of the Services, temporarily or permanently, where reasonably necessary due to:

• (a) technological developments;
• (b) security considerations;
• (c) legal or regulatory requirements;
• (d) operational requirements;
• (e) changes affecting third-party service providers;
• (f) commercial considerations; or
• (g) force majeure events.

Where a material change affects Users, the Company shall use commercially reasonable efforts to provide advance notice through the Platform or other appropriate communication channels, unless immediate action is necessary for security, legal compliance or operational integrity.

Schedule 4-A

Categories of Services

CHAPTER 5FLIGHT TRACKING SERVICES, AVIATION INFORMATION AND TRAVEL INTELLIGENCE

5.1 Purpose

This Chapter governs the provision and use of the Company’s Flight Tracking Services, Aviation Information Services and Travel Intelligence Services.

The Services are intended to assist Users by providing access to aviation-related information, operational updates and analytical tools. Such Services supplement, and do not replace, official communications issued by airlines, airports, aviation authorities or other competent entities.

PART AFlight Tracking Services

5.2 Scope of Flight Tracking Services

Subject to the availability of aviation data, the Company may provide Users with access to Flight Tracking Services for commercial, charter and other supported Flights.

Flight Tracking Services may include:

• (a) flight identification;
• (b) airline information;
• (c) scheduled departure and arrival times;
• (d) estimated departure and arrival times;
• (e) actual departure and arrival times;
• (f) aircraft location;
• (g) flight path and route;
• (h) aircraft type;
• (i) aircraft registration, where available;
• (j) operational status;
• (k) estimated flight duration;
• (l) airport information;
• (m) historical flight information;
• (n) other aviation-related operational information made available through the Platform.

5.3 Availability of Flight Tracking

Flight Tracking Services depend upon:

• (a) availability of operational aviation data;
• (b) airline participation;
• (c) airport systems;
• (d) third-party Aviation Data Providers;
• (e) communication infrastructure;
• (f) governmental restrictions;
• (g) technical limitations.

The Company does not guarantee uninterrupted availability of Flight Tracking Services.

5.4 Historical Flight Information

The Platform may permit Users to access historical flight records for analytical or personal record-keeping purposes.

Historical information may:

• (a) be corrected;
• (b) be supplemented;
• (c) be revised;
• (d) become unavailable due to licensing restrictions or legal requirements.

PART BAviation Information Services

5.5 Aviation Information

The Company may provide aviation-related information including:

• (a) airport information;
• (b) terminal information;
• (c) gate information;
• (d) baggage claim information;
• (e) runway information where available;
• (f) aircraft information;
• (g) airline information;
• (h) airport operational notices;
• (i) weather information;
• (j) NOTAM-related summaries where lawfully available;
• (k) aviation statistics;
• (l) other operational aviation information.

Availability varies depending upon the relevant jurisdiction, airport, airline and Aviation Data Provider.

5.6 Flight Status

The Platform may classify Flights using operational categories including:

• (a) scheduled;
• (b) boarding;
• (c) delayed;
• (d) departed;
• (e) airborne;
• (f) landed;
• (g) arrived;
• (h) diverted;
• (i) cancelled;
• (j) returned;
• (k) unknown status.

Operational status classifications are informational only and remain subject to subsequent revision.

5.7 Airport Information

Airport information may include:

• (a) airport location;
• (b) terminal maps;
• (c) operating hours;
• (d) weather conditions;
• (e) available facilities;
• (f) transportation information;
• (g) lounges;
• (h) parking information;
• (i) airport services.

The Company does not control airport operations and cannot guarantee the continuing accuracy of such information.

PART CFlight Alerts

5.8 Automated Alerts

Users may subscribe to automated alerts relating to selected Flights.

Alerts may include:

• (a) departure reminders;
• (b) boarding reminders;
• (c) gate changes;
• (d) delays;
• (e) cancellations;
• (f) diversions;
• (g) estimated arrival updates;
• (h) baggage information where available;
• (i) airport operational notices;
• (j) subscription notifications.

5.9 User Configuration

Users may configure:

• (a) notification frequency;
• (b) preferred delivery methods;
• (c) notification categories;
• (d) quiet hours;
• (e) subscribed Flights;
• (f) travel reminders.

Certain safety, security or legal notifications may not be disabled.

5.10 Delivery Limitations

Alert delivery depends upon:

• (a) internet connectivity;
• (b) device settings;
• (c) operating system restrictions;
• (d) notification permissions;
• (e) third-party notification infrastructure;
• (f) server availability.

The Company shall not be responsible for delayed or undelivered notifications resulting from circumstances beyond its reasonable control.

PART DTravel Intelligence

5.11 Travel Intelligence Services

The Platform may analyse travel information to generate Travel Intelligence.

Travel Intelligence may include:

• (a) travel trends;
• (b) route insights;
• (c) airport efficiency analysis;
• (d) airline usage summaries;
• (e) travel frequency;
• (f) travel history analytics;
• (g) carbon footprint estimates;
• (h) travel recommendations;
• (i) operational insights.

5.12 Personalised Insights

Where enabled by the User, the Platform may generate personalised insights using:

• (a) travel history;
• (b) itinerary information;
• (c) historical flight activity;
• (d) User preferences;
• (e) AI-generated analysis;
• (f) aggregated statistical information.

Personalised insights are intended to improve the User experience and do not constitute professional advice.

PART EOperational Changes

5.13 Dynamic Information

Operational aviation information is dynamic and may change without notice.

Accordingly:

• (a) departure times may change;
• (b) arrival times may change;
• (c) gates may change;
• (d) terminals may change;
• (e) aircraft assignments may change;
• (f) operational status may change;
• (g) airport procedures may change.

The Platform reflects available information but cannot ensure immediate synchronisation with all operational changes.

5.14 Verification by Users

Users remain responsible for independently verifying critical travel information directly with:

• (a) the relevant airline;
• (b) the relevant airport;
• (c) official governmental authorities; or
• (d) other competent authorities,

particularly before commencing travel, checking in, boarding or making consequential travel decisions.

PART FData Integrity

5.15 Data Sources

Flight Tracking Services are generated using information obtained from one or more independent Aviation Data Providers.

The Company:

• (a) aggregates data;
• (b) standardises data formats;
• (c) performs automated processing;
• (d) applies quality-control measures where reasonably practicable.

The Company does not independently verify every operational event reflected within the Platform.

5.16 Corrections

Operational information may be corrected where:

• (a) additional information becomes available;
• (b) providers update records;
• (c) airlines revise operational data;
• (d) airports publish amended information;
• (e) technical errors are identified.

Users acknowledge that historical records may therefore change over time.

PART GUser Responsibilities

5.17 Appropriate Use

Users shall use Flight Tracking Services solely for lawful purposes and shall not:

• (a) interfere with the Platform;
• (b) scrape or harvest aviation data except as expressly permitted;
• (c) misrepresent operational information;
• (d) use Flight Tracking Services for unlawful surveillance;
• (e) overload the Platform;
• (f) interfere with aviation operations.

5.18 Commercial Reliance

Business Users who rely upon Flight Tracking Services for operational, commercial or analytical purposes remain solely responsible for independently assessing the suitability of the Services for their intended use.

Unless expressly agreed in writing, the Company does not warrant that the Services satisfy any particular commercial, regulatory or operational requirement.

PART HReservation of Rights

5.19 Service Modifications

The Company may:

• (a) introduce additional Flight Tracking functionality;
• (b) expand geographic coverage;
• (c) modify aviation information displayed;
• (d) replace Aviation Data Providers;
• (e) discontinue unsupported functionality;
• (f) introduce premium aviation intelligence services.

Such modifications may occur without prior notice where reasonably necessary for operational, security or legal reasons.

5.20 Future Aviation Services

The Company may introduce additional aviation-related services, including predictive analytics, airport intelligence, fleet analytics, travel optimisation tools, developer APIs or other technologies.

Unless expressly stated otherwise, such services shall be governed by these Terms.

Schedule 5-A

Illustrative Flight Tracking Features

CHAPTER 6ARTIFICIAL INTELLIGENCE SERVICES, PREDICTIVE ANALYTICS AND AUTOMATED DECISION SUPPORT

6.1 Purpose

This Chapter governs the provision, use and limitations of the Artificial Intelligence (“AI”), Machine Learning (“ML”) and Predictive Analytics services offered by TrackMyWings Technologies Private Limited (“Company”).

The Company utilises AI technologies to enhance the User experience by generating predictions, recommendations, insights and analytical outputs based upon available aviation, travel and operational information.

Unless expressly stated otherwise, AI-generated outputs are designed to assist Users in making informed travel decisions and shall not constitute guarantees, warranties or professional advice.

PART ANature of AI Services

6.2 AI-Powered Services

The Company may provide AI-powered functionalities including:

• (a) flight delay prediction;
• (b) arrival time estimation;
• (c) departure time estimation;
• (d) disruption forecasting;
• (e) airport congestion analysis;
• (f) travel recommendations;
• (g) itinerary optimisation;
• (h) travel insights;
• (i) carbon footprint estimation;
• (j) travel pattern recognition;
• (k) personalised travel analytics;
• (l) automated itinerary organisation;
• (m) intelligent notifications;
• (n) conversational AI assistance;
• (o) future AI-powered aviation services.

6.3 Supporting Technology

The Company’s AI Services may utilise:

• (a) machine learning;
• (b) statistical modelling;
• (c) neural networks;
• (d) predictive analytics;
• (e) natural language processing;
• (f) computer vision, where applicable;
• (g) large language models;
• (h) rule-based systems;
• (i) hybrid intelligence models;
• (j) other emerging artificial intelligence technologies.

The Company reserves the right to replace, upgrade or discontinue any AI technology used in providing the Services.

PART BAI Predictions

6.4 Predictive Models

AI-generated predictions may be based upon one or more of the following:

• (a) historical aviation data;
• (b) weather conditions;
• (c) airport congestion;
• (d) airline operational history;
• (e) seasonal trends;
• (f) aircraft utilisation;
• (g) public operational information;
• (h) aviation network performance;
• (i) statistical probability models;
• (j) other available datasets.

The Company may modify prediction methodologies without prior notice in order to improve accuracy or operational efficiency.

6.5 Delay Predictions

Delay Predictions generated by the Platform represent probabilistic assessments of the likelihood or expected duration of delays.

Delay Predictions:

• (a) are estimates only;
• (b) are generated automatically;
• (c) may change as additional information becomes available;
• (d) are not official airline communications;
• (e) should not be relied upon as the sole basis for travel decisions.

6.6 Estimated Arrival and Departure Times

Estimated operational times displayed by the Platform are generated from available operational information and predictive models.

Estimated times:

• (a) are dynamic;
• (b) may change without notice;
• (c) may differ from official operational announcements;
• (d) are provided solely for convenience.

PART CAI Recommendations

6.7 Intelligent Recommendations

The Platform may provide recommendations including:

• (a) preferred departure times;
• (b) airport arrival suggestions;
• (c) itinerary improvements;
• (d) travel efficiency recommendations;
• (e) alternative Flights;
• (f) airport guidance;
• (g) route optimisation;
• (h) travel reminders;
• (i) sustainability suggestions.

Recommendations are intended to assist Users and do not constitute professional, legal, financial or operational advice.

6.8 Personalisation

Where permitted by the User’s settings and the Privacy Policy, AI Services may personalise recommendations based upon:

• (a) travel history;
• (b) previous itineraries;
• (c) User preferences;
• (d) travel frequency;
• (e) historical interactions with the Platform;
• (f) subscription tier;
• (g) language preferences;
• (h) notification preferences.

Users may disable certain personalisation features where such controls are made available.

PART DAI Limitations

6.9 No Guarantee of Accuracy

Artificial Intelligence systems involve statistical inference and probabilistic modelling.

Accordingly, the Company does not warrant that AI-generated outputs shall be:

• (a) accurate;
• (b) complete;
• (c) current;
• (d) uninterrupted;
• (e) error-free;
• (f) suitable for every User or circumstance.

6.10 Human Oversight

Except where expressly stated, AI-generated outputs are produced through automated systems without individual human review.

The absence of manual review shall not, by itself, indicate negligence or fault on the part of the Company.

6.11 Continuous Learning

The Company may continuously improve AI models through:

• (a) refinement of algorithms;
• (b) updated datasets;
• (c) correction of identified errors;
• (d) system optimisation;
• (e) technological advancements.

Such improvements may alter future outputs without affecting previous predictions.

PART EUser Responsibilities

6.12 Independent Judgment

Users shall exercise independent judgment when relying upon AI-generated outputs.

Users remain responsible for independently verifying material travel information before:

• (a) departing for an airport;
• (b) checking in;
• (c) boarding;
• (d) changing travel arrangements;
• (e) cancelling reservations;
• (f) purchasing additional travel services.

6.13 Appropriate Use

Users shall not:

• (a) manipulate AI systems;
• (b) intentionally provide misleading information to influence AI outputs;
• (c) attempt to reverse engineer proprietary AI models;
• (d) use AI outputs for unlawful purposes;
• (e) misrepresent AI-generated information as official aviation information.

PART FAI Training and Improvement

6.14 Model Development

Subject to the Privacy Policy and Applicable Law, the Company may use:

• (a) aggregated information;
• (b) anonymised information;
• (c) de-identified operational information;
• (d) statistical datasets;
• (e) synthetic datasets;

for developing, testing and improving AI systems.

The Company shall not use Personal Data for AI model training where prohibited by Applicable Law or contrary to the Privacy Policy.

6.15 Experimental AI Features

The Company may introduce experimental AI functionalities.

Experimental AI features:

• (a) may be labelled as Beta, Preview, Experimental or similar terminology;
• (b) may contain inaccuracies;
• (c) may be modified without notice;
• (d) may be withdrawn at any time;
• (e) may be subject to additional terms.

PART GIntellectual Property in AI

6.16 Ownership

All AI models, algorithms, datasets, methodologies, software and related Intellectual Property used by the Company remain the exclusive property of the Company or its licensors.

Nothing contained in these Terms transfers ownership of any AI technology to the User.

6.17 Restrictions

Except as expressly permitted by Applicable Law, Users shall not:

• (a) copy AI models;
• (b) reproduce prediction methodologies;
• (c) extract proprietary datasets;
• (d) create derivative AI systems from the Platform;
• (e) use automated means to replicate AI outputs on a commercial scale.

PART HReservation of Rights

6.18 Evolution of AI Services

The Company may:

• (a) improve AI models;
• (b) introduce new predictive capabilities;
• (c) replace AI technologies;
• (d) modify prediction methodologies;
• (e) discontinue AI features;
• (f) integrate third-party AI technologies;
• (g) deploy generative AI capabilities;
• (h) expand AI-powered Services.

6.19 Regulatory Compliance

The Company shall endeavour to develop and deploy AI Services in accordance with Applicable Law, recognised principles of responsible AI governance and industry best practices, having regard to transparency, fairness, privacy, security and accountability, to the extent reasonably applicable to the nature of the Services.

Schedule 6-A

Illustrative AI Services

CHAPTER 7TRIP MANAGEMENT, FLIGHT PASSPORT, TRAVEL ANALYTICS AND CARBON FOOTPRINT SERVICES

7.1 Purpose

This Chapter governs the Company’s digital Trip Management, Flight Passport, Travel Analytics and Carbon Footprint Services.

These Services are intended to enable Users to organise travel itineraries, maintain a digital record of past and future journeys, analyse travel patterns and obtain estimated environmental insights associated with air travel.

The Services are informational and organisational in nature and do not create any legal record of travel, immigration status, airline entitlement or governmental recognition.

PART ATrip Management Services

7.2 Digital Trip Management

The Platform may enable Users to create, organise, modify and manage one or more travel itineraries through a unified digital interface.

Trip Management may include:

• (a) adding Flights;
• (b) importing itineraries;
• (c) organising multi-city journeys;
• (d) storing travel schedules;
• (e) synchronising travel events;
• (f) displaying travel timelines;
• (g) managing upcoming travel; and
• (h) other travel planning functionalities introduced by the Company.

7.3 Trip Information

A Trip may contain information including:

• (a) airline;
• (b) flight number;
• (c) departure airport;
• (d) arrival airport;
• (e) scheduled dates and times;
• (f) estimated operational updates;
• (g) passenger notes;
• (h) travel preferences;
• (i) travel documents uploaded by the User, where supported; and
• (j) other itinerary-related information.

The User remains solely responsible for verifying the accuracy of all Trip information.

7.4 Trip Synchronisation

Where supported, the Platform may synchronise Trip information across:

• (a) mobile applications;
• (b) web applications;
• (c) authorised devices;
• (d) approved third-party integrations.

Synchronisation may not occur instantaneously and may be affected by network connectivity, device settings or third-party services.

PART BFlight Passport

7.5 Digital Flight Passport

The Company may provide a Flight Passport, which is a digital service enabling Users to maintain a chronological record of their air travel.

The Flight Passport is intended solely for personal, informational and analytical purposes.

It does not constitute:

• (a) an official passport;
• (b) a travel document;
• (c) proof of identity;
• (d) proof of immigration status;
• (e) proof of airline travel;
• (f) an official government record.

7.6 Flight Passport Records

The Flight Passport may include:

• (a) completed Flights;
• (b) upcoming Flights;
• (c) cancelled Flights, where retained;
• (d) airports visited;
• (e) countries and territories visited;
• (f) airlines travelled;
• (g) aircraft types;
• (h) aircraft registrations, where available;
• (i) travel milestones;
• (j) travel achievements;
• (k) travel maps;
• (l) aviation statistics; and
• (m) other historical travel information.

7.7 User Control

Subject to technical limitations and Applicable Law, Users may:

• (a) add Flights manually;
• (b) edit personal travel records;
• (c) remove individual Flights;
• (d) correct inaccurate information;
• (e) export available Flight Passport information;
• (f) permanently delete Flight Passport records, subject to the Company’s lawful data retention obligations.

PART CTravel Analytics

7.8 Travel Statistics

The Platform may generate personalised travel analytics using information associated with the User’s travel history.

Travel statistics may include:

• (a) number of Flights;
• (b) total flight hours;
• (c) total distance travelled;
• (d) number of airports visited;
• (e) number of countries visited;
• (f) airlines travelled;
• (g) aircraft types flown;
• (h) travel frequency;
• (i) annual summaries;
• (j) longest Flights;
• (k) shortest Flights;
• (l) favourite routes;
• (m) other travel-related metrics.

7.9 Travel Maps

The Platform may generate visual representations of a User’s travel history, including:

• (a) route maps;
• (b) visited destinations;
• (c) airport networks;
• (d) geographical summaries;
• (e) travel timelines.

Maps are generated automatically using available itinerary information and may not accurately represent every operational detail of a Flight.

7.10 Milestones and Achievements

The Platform may award digital achievements recognising milestones such as:

• (a) number of Flights completed;
• (b) destinations visited;
• (c) countries visited;
• (d) airlines flown;
• (e) aircraft types experienced;
• (f) cumulative travel distance;
• (g) sustainability achievements;
• (h) other travel accomplishments.

Such achievements are purely digital recognitions and possess no monetary, legal or commercial value.

PART DCarbon Footprint Services

7.11 Carbon Footprint Estimates

The Platform may calculate estimated greenhouse gas emissions associated with individual Flights or Trips.

Calculations may be based upon:

• (a) flight distance;
• (b) aircraft type;
• (c) aircraft efficiency;
• (d) route characteristics;
• (e) recognised emissions methodologies;
• (f) publicly available aviation datasets;
• (g) other relevant operational information.

7.12 Informational Nature

Carbon Footprint Estimates:

• (a) are estimates only;
• (b) are generated through computational models;
• (c) are not environmental certifications;
• (d) are not regulatory measurements;
• (e) shall not be relied upon for statutory reporting;
• (f) may vary as methodologies evolve.

7.13 Methodology Updates

The Company may modify:

• (a) emission factors;
• (b) calculation methodologies;
• (c) scientific assumptions;
• (d) analytical models;
• (e) sustainability metrics,

without prior notice where reasonably necessary to improve accuracy or align with recognised industry methodologies.

Historical estimates may therefore change following updates.

PART EData Accuracy

7.14 User Responsibility

Users remain responsible for ensuring that information added to their Trips or Flight Passport is accurate.

The Company is not responsible for inaccuracies arising from:

• (a) manually entered information;
• (b) incorrect imported itineraries;
• (c) third-party operational information;
• (d) airline schedule changes;
• (e) incomplete travel confirmations.

7.15 Corrections

Where operational information changes after a Flight has been recorded, the Company may automatically update associated analytics, statistics and historical records where reasonably practicable.

PART FData Retention

7.16 Retention of Travel History

The Company may retain Flight Passport and Trip Management information for as long as necessary to:

• (a) provide the Services;
• (b) maintain historical analytics;
• (c) enable synchronisation across devices;
• (d) comply with Applicable Law;
• (e) resolve disputes;
• (f) protect the integrity of the Platform.

Retention and deletion of Personal Data shall be governed by the Privacy Policy.

7.17 Account Closure

Following Account closure:

• (a) Users may lose access to their Flight Passport;
• (b) analytics may no longer be available;
• (c) travel history may be deleted or anonymised in accordance with the Privacy Policy;
• (d) certain records may be retained where legally required.

PART GRestrictions

7.18 Appropriate Use

Users shall not:

• (a) create fraudulent travel histories;
• (b) manipulate analytics;
• (c) misrepresent travel achievements;
• (d) upload unlawful content into Trip records;
• (e) use the Flight Passport to mislead any person regarding actual travel.

7.19 No Official Recognition

Neither the Company nor the Platform certifies that any Flight shown within the Flight Passport was actually undertaken by the User.

Responsibility for maintaining accurate travel records remains solely with the User.

PART HReservation of Rights

7.20 Future Enhancements

The Company may introduce additional features relating to:

• (a) travel journals;
• (b) digital travel memories;
• (c) loyalty programme integrations;
• (d) passport and visa reminders;
• (e) travel document management;
• (f) sustainability programmes;
• (g) gamification features;
• (h) travel badges;
• (i) advanced analytics; and
• (j) other travel management technologies.

Unless expressly stated otherwise, such features shall be governed by these Terms.

Schedule 7-A

Illustrative Features

CHAPTER 8COMMUNITY FEATURES, USER CONTENT, SOCIAL INTERACTIONS AND DIGITAL CONDUCT

8.1 Purpose

This Chapter governs the Company’s Community Features and establishes the rights, responsibilities and obligations of Users participating in the TrackMyWings community.

The Community Features are intended to facilitate lawful, respectful and meaningful interactions among Users through the sharing of travel experiences, aviation interests and other content. Participation in Community Features is voluntary and subject to these Terms, the Company’s Privacy Policy, Community Guidelines and Applicable Law.

PART ACommunity Features

8.2 Scope of Community Features

The Platform may provide Community Features enabling Users to:

• (a) create public or private profiles;
• (b) connect with other Users;
• (c) send and receive friend requests;
• (d) follow other Users, where supported;
• (e) share travel experiences;
• (f) share Flights or Trips;
• (g) publish photographs and videos;
• (h) post comments;
• (i) react to or like content;
• (j) participate in aviation discussions;
• (k) receive community notifications;
• (l) access additional social features introduced by the Company.

The availability of Community Features may vary depending on jurisdiction, subscription tier, age restrictions or technical limitations.

8.3 Community Participation

Participation in Community Features is entirely voluntary.

Users may choose whether to:

• (a) create a public profile;
• (b) maintain a private profile;
• (c) share travel activity;
• (d) accept friend requests;
• (e) participate in discussions;
• (f) publish User Content.

The Company shall not compel any User to disclose personal travel information through Community Features.

PART BUser Profiles

8.4 Profile Information

Users may create a profile containing information including:

• (a) display name;
• (b) profile photograph;
• (c) biography;
• (d) home airport;
• (e) travel interests;
• (f) aviation preferences;
• (g) travel statistics;
• (h) Flight Passport summaries;
• (i) other optional profile information.

Users remain solely responsible for the accuracy and legality of information displayed in their profiles.

8.5 Privacy Controls

Subject to the Platform’s available functionality, Users may determine whether certain information is:

• (a) publicly visible;
• (b) visible only to approved friends;
• (c) visible only to the User;
• (d) shared with specific groups.

The Company shall use commercially reasonable efforts to honour User privacy settings but cannot guarantee that information intentionally shared by a User will not be further disseminated by other Users.

PART CConnections

8.6 Friend Requests

The Platform may permit Users to establish mutual connections through friend requests.

Users may:

• (a) send requests;
• (b) accept requests;
• (c) decline requests;
• (d) withdraw pending requests;
• (e) remove existing connections.

Friendship on the Platform does not create any legal relationship or obligation between Users.

8.7 Blocking and Restricting Users

The Company may provide functionality enabling Users to:

• (a) block other Users;
• (b) restrict interactions;
• (c) mute notifications;
• (d) limit profile visibility.

Blocking another User may limit or prevent future interaction through Community Features.

PART DUser Content

8.8 User Content

Users may submit, upload, publish or otherwise make available User Content, including:

• (a) text;
• (b) photographs;
• (c) videos;
• (d) comments;
• (e) reviews;
• (f) travel stories;
• (g) aviation observations;
• (h) profile information;
• (i) travel journals;
• (j) other lawful content.

Users remain solely responsible for all User Content they submit.

8.9 Ownership of User Content

Except as expressly provided in these Terms, Users retain ownership of the intellectual property rights in their User Content.

Nothing in these Terms transfers ownership of User Content to the Company.

8.10 Licence Granted to the Company

By submitting User Content to the Platform, the User grants the Company a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence, for the duration that the content is available on the Platform and any reasonable archival or backup period, to:

• (a) host;
• (b) store;
• (c) reproduce;
• (d) display;
• (e) distribute;
• (f) transmit;
• (g) adapt solely for technical compatibility;
• (h) index;
• (i) moderate;
• (j) use as reasonably necessary to operate, secure, improve and provide the Community Features and the Services.

The Company shall not sell a User’s original content to third parties without obtaining any consent required by Applicable Law.

PART EStandards of Conduct

8.11 Acceptable Conduct

Users shall engage with others respectfully and lawfully.

Users shall not:

• (a) harass;
• (b) threaten;
• (c) intimidate;
• (d) stalk;
• (e) impersonate another person;
• (f) publish unlawful material;
• (g) publish defamatory material;
• (h) publish obscene or abusive content;
• (i) encourage violence;
• (j) engage in hate speech;
• (k) publish malicious software;
• (l) engage in fraudulent conduct;
• (m) infringe intellectual property rights;
• (n) interfere with the operation of the Platform.

8.12 Misleading Content

Users shall not knowingly publish content that:

• (a) falsely represents aviation information;
• (b) misrepresents travel history;
• (c) impersonates airlines, airports or governmental authorities;
• (d) creates public confusion regarding operational flight information;
• (e) falsely suggests endorsement by the Company.

PART FModeration

8.13 Moderation Rights

To protect the integrity of the Platform, the Company may, acting reasonably and in good faith:

• (a) review User Content;
• (b) remove User Content;
• (c) restrict visibility of content;
• (d) suspend Community privileges;
• (e) disable comments;
• (f) remove profiles;
• (g) investigate complaints;
• (h) take other proportionate moderation measures.

Moderation may be undertaken using automated systems, human reviewers or a combination of both.

8.14 Reporting Mechanism

Users may report content or conduct reasonably believed to violate these Terms or Applicable Law.

Reports may include:

• (a) abusive conduct;
• (b) harassment;
• (c) impersonation;
• (d) intellectual property infringement;
• (e) unlawful content;
• (f) spam;
• (g) fraudulent activity;
• (h) misinformation relating to aviation safety or operational information.

The Company shall review reports within a reasonable period, having regard to their nature and urgency.

8.15 Removal of Content

The Company may remove User Content where it reasonably believes that the content:

• (a) violates these Terms;
• (b) violates Applicable Law;
• (c) infringes intellectual property rights;
• (d) threatens Platform security;
• (e) creates a significant risk of harm to Users or third parties;
• (f) is otherwise inconsistent with the safe operation of the Platform.

Where reasonably practicable, the Company may notify the affected User of the removal and, where appropriate, provide an opportunity to appeal.

PART GCommunity Integrity

8.16 No Endorsement

The Company does not endorse, verify or guarantee the accuracy, completeness or reliability of User Content.

Views expressed by Users are solely those of the respective Users and do not necessarily reflect the views of the Company.

8.17 User Interactions

Users interact with one another entirely at their own discretion and risk.

The Company is not responsible for:

• (a) disputes between Users;
• (b) offline meetings;
• (c) travel arrangements made between Users;
• (d) commercial transactions between Users;
• (e) reliance placed upon User-generated content.

8.18 Community Events

Where the Platform facilitates or advertises community events, meetups or gatherings, participation shall be voluntary.

Unless expressly stated otherwise in writing, the Company is not the organiser of user-created events and assumes no responsibility for their conduct, safety or outcomes.

PART HSuspension of Community Access

8.19 Restriction of Community Features

Without affecting access to other Services, the Company may suspend or restrict a User’s access to Community Features where the User materially breaches this Chapter, repeatedly violates the Community Guidelines or poses a significant risk to the safety or integrity of the community.

Such restriction may be temporary or permanent depending on the seriousness of the conduct.

8.20 Appeals

Where Community privileges are suspended or User Content is removed, the Company may provide an internal review or appeal process, subject to operational feasibility and Applicable Law.

The Company’s determination following such review shall be final unless otherwise required by law.

PART IFuture Community Services

8.21 Platform Evolution

The Company may introduce additional Community Features including:

• (a) direct messaging;
• (b) aviation clubs;
• (c) discussion forums;
• (d) travel groups;
• (e) shared travel journals;
• (f) collaborative trip planning;
• (g) live event participation;
• (h) digital badges and reputation systems;
• (i) creator profiles; and
• (j) other social networking functionality.

Unless expressly stated otherwise, such features shall be governed by these Terms.

Schedule 8-A

Illustrative Community Features

CHAPTER 9EMAIL IMPORT, ITINERARY EXTRACTION AND TRAVEL DATA SYNCHRONISATION

9.1 Purpose

This Chapter governs the Company’s Email Import, automated itinerary extraction and travel data synchronisation services.

These Services enable Users to voluntarily provide travel booking confirmations to the Platform for the purpose of automatically extracting relevant travel information and creating or updating digital itineraries.

The Company processes forwarded travel confirmations solely to facilitate the Services described in this Chapter and in accordance with the Privacy Policy.

PART AEmail Import Service

9.2 Availability

The Company may provide an Email Import Service enabling Users to import travel itineraries by forwarding travel-related emails to an email address designated by the Company or by using other supported import mechanisms.

The Service is intended to reduce manual data entry and improve the accuracy and convenience of Trip Management.

9.3 Voluntary Service

Use of the Email Import Service is entirely voluntary.

Users may continue using the Platform without utilising the Email Import Service.

Nothing contained in these Terms requires a User to provide access to their email account or forward travel confirmations.

9.4 Supported Communications

The Platform may process communications relating to:

• (a) airline booking confirmations;
• (b) electronic tickets;
• (c) boarding confirmations;
• (d) itinerary updates;
• (e) schedule changes;
• (f) cancellation notices;
• (g) gate change notifications;
• (h) check-in confirmations;
• (i) travel agency booking confirmations;
• (j) other travel-related communications supported by the Platform.

The Company reserves the right to determine which communication formats are supported.

PART BAutomated Itinerary Extraction

9.5 Extraction Process

Upon receipt of a supported communication, the Platform may automatically identify and extract relevant itinerary information.

Extracted information may include:

• (a) passenger name;
• (b) airline;
• (c) flight number;
• (d) booking reference;
• (e) departure airport;
• (f) arrival airport;
• (g) scheduled departure;
• (h) scheduled arrival;
• (i) travel dates;
• (j) cabin class;
• (k) seat number, where available;
• (l) booking status;
• (m) other travel-related information reasonably necessary to provide the Services.

9.6 Automated Processing

Extraction is performed primarily through automated systems, which may include:

• (a) natural language processing;
• (b) machine learning;
• (c) artificial intelligence;
• (d) structured data parsing;
• (e) optical character recognition, where applicable;
• (f) other automated technologies.

The Company may improve or replace these technologies without prior notice.

9.7 User Review

Users are encouraged to review imported itineraries and verify that extracted information is complete and accurate.

The User remains responsible for correcting any inaccurate or incomplete information.

PART CSynchronisation

9.8 Trip Synchronisation

Successfully extracted itinerary information may automatically synchronise with:

• (a) Trip Management;
• (b) Flight Passport;
• (c) Flight Tracking;
• (d) Travel Analytics;
• (e) Group Travel Dashboards;
• (f) notification services;
• (g) future Platform features.

9.9 Automatic Updates

Where operational information relating to an imported itinerary changes, the Platform may automatically update:

• (a) departure times;
• (b) arrival times;
• (c) operational status;
• (d) gates;
• (e) terminals;
• (f) cancellations;
• (g) delays;
• (h) diversions;
• (i) other available travel information.

Availability of automatic updates depends upon third-party Aviation Data Providers and supported booking formats.

PART DUser Responsibilities

9.10 Accuracy of Submitted Communications

Users represent and warrant that communications submitted through the Email Import Service:

• (a) lawfully belong to the User or the User is authorised to use them;
• (b) do not infringe the rights of third parties;
• (c) are submitted solely for legitimate use of the Services;
• (d) do not contain malicious software or harmful code.

9.11 Verification

The User remains solely responsible for verifying:

• (a) booking references;
• (b) passenger names;
• (c) travel dates;
• (d) airline information;
• (e) operational updates;
• (f) official travel documents.

Imported itineraries should always be cross-checked against official communications issued by airlines or travel providers.

PART EService Limitations

9.12 No Guarantee of Successful Extraction

The Company does not guarantee that every communication submitted through the Email Import Service will be successfully processed.

Extraction may fail due to:

• (a) unsupported formats;
• (b) encrypted content;
• (c) incomplete communications;
• (d) corrupted files;
• (e) language limitations;
• (f) third-party formatting changes;
• (g) technical failures.

9.13 Corrections

Where extraction errors occur, the User may:

• (a) manually edit itinerary information;
• (b) delete imported Trips;
• (c) re-submit updated communications;
• (d) contact customer support where appropriate.

9.14 Unsupported Providers

Certain airlines, travel agencies or booking systems may not be compatible with the Email Import Service.

The Company may add or remove supported providers without prior notice.

PART FPrivacy and Security

9.15 Limited Processing

The Company shall process imported communications only to the extent reasonably necessary to:

• (a) identify travel information;
• (b) create itineraries;
• (c) update Flight information;
• (d) provide travel management services;
• (e) improve extraction accuracy;
• (f) maintain Platform security.

9.16 Email Content

Unless otherwise stated in the Privacy Policy or required by Applicable Law:

• (a) raw email content is not retained beyond the period reasonably necessary to complete itinerary extraction;
• (b) extracted travel information may be retained as part of the User’s Trip Management and Flight Passport records;
• (c) attachments unrelated to travel information shall not intentionally be processed or retained.

9.17 Security Measures

The Company implements commercially reasonable technical and organisational measures designed to protect imported communications against unauthorised access, disclosure, alteration and destruction.

No method of electronic transmission or storage can be guaranteed to be completely secure.

PART GIntellectual Property

9.18 Ownership

Ownership of travel confirmations and associated intellectual property remains with the relevant airline, travel agency, booking provider or other rights holder.

Nothing contained in these Terms transfers ownership of such materials to the Company or the User.

9.19 Licence

The User grants the Company a limited, non-exclusive, worldwide, royalty-free licence to process submitted communications solely for the purposes of providing the Email Import Service and associated Platform functionality.

The licence automatically terminates when processing is completed, subject to lawful retention obligations and the Privacy Policy.

PART HReservation of Rights

9.20 Service Improvements

The Company may introduce additional import mechanisms, including:

• (a) calendar integrations;
• (b) travel provider integrations;
• (c) API-based itinerary imports;
• (d) QR code imports;
• (e) barcode scanning;
• (f) digital wallet integrations;
• (g) electronic boarding pass imports;
• (h) future travel data integration technologies.

Unless expressly stated otherwise, such services shall be governed by these Terms.

9.21 Suspension of Service

The Company may suspend or discontinue the Email Import Service where reasonably necessary due to:

• (a) security concerns;
• (b) legal or regulatory requirements;
• (c) technical limitations;
• (d) changes in third-party systems;
• (e) operational requirements; or
• (f) force majeure events.

Where reasonably practicable, the Company shall provide advance notice of any material discontinuation.

CHAPTER 10SUBSCRIPTION SERVICES, PAYMENTS, BILLING AND PREMIUM FEATURES

10.1 Purpose

This Chapter governs the Company’s Subscription Services, Premium Features, billing arrangements, payment processing, renewals, cancellations, refunds and other matters relating to paid Services offered by TrackMyWings Technologies Private Limited (“Company”).

Unless expressly stated otherwise, all paid Services are optional and Users may continue to access the Company’s free Services subject to these Terms.

PART ASubscription Services

10.2 Subscription Plans

The Company may offer one or more subscription plans granting access to Premium Services.

Subscription plans may vary based upon:

• (a) features available;
• (b) duration;
• (c) geographical region;
• (d) promotional offers;
• (e) supported platforms;
• (f) enterprise arrangements;
• (g) educational or organisational programmes.

The Company reserves the right to introduce, modify or discontinue subscription plans at any time.

10.3 Premium Features

Premium Services may include, without limitation:

• (a) advertisement-free experience;
• (b) advanced Flight Passport features;
• (c) enhanced travel analytics;
• (d) advanced AI-powered predictions and insights;
• (e) extended Flight Tracking history;
• (f) priority customer support;
• (g) enhanced notification options;
• (h) early access to new features;
• (i) premium community features;
• (j) increased storage capacity;
• (k) developer features, where applicable;
• (l) any other features designated by the Company as Premium Services.

Premium Services shall remain subject to availability and technical feasibility.

10.4 Availability

Certain Premium Services may not be available:

• (a) in every jurisdiction;
• (b) on every device;
• (c) through every application store;
• (d) during Beta testing;
• (e) where restricted by Applicable Law.

PART BSubscription Fees

10.5 Fees

Users subscribing to Premium Services shall pay the applicable subscription fee displayed at the time of purchase.

Unless otherwise stated:

• (a) prices are displayed in the applicable currency;
• (b) taxes may be charged separately where required by Applicable Law;
• (c) pricing may differ between jurisdictions;
• (d) pricing may differ between platforms.

10.6 Price Changes

The Company may revise subscription pricing from time to time.

Where reasonably practicable, Users shall receive advance notice before revised pricing takes effect for a renewal.

Continued use of Premium Services following the effective date of revised pricing constitutes acceptance of the revised subscription fee.

PART CPayment Processing

10.7 Payment Methods

Payments may be processed using one or more approved payment methods, including:

• (a) Apple App Store;
• (b) Google Play Store;
• (c) Stripe;
• (d) Razorpay;
• (e) UPI;
• (f) debit cards;
• (g) credit cards;
• (h) net banking;
• (i) digital wallets;
• (j) other payment methods approved by the Company.

Availability of payment methods may vary depending upon jurisdiction.

10.8 Third-Party Payment Providers

Payment transactions may be processed by independent payment service providers.

The Company does not store complete payment card information unless expressly required and lawfully permitted.

Users acknowledge that payment transactions remain subject to the terms and privacy policies of the relevant payment provider.

10.9 Payment Authorisation

By subscribing to Premium Services, the User authorises the relevant payment provider to:

• (a) debit the applicable subscription charges;
• (b) collect applicable taxes;
• (c) process recurring payments where enabled;
• (d) verify payment credentials;
• (e) perform fraud prevention procedures.

PART DAutomatic Renewal

10.10 Recurring Subscriptions

Unless otherwise stated at the time of purchase, subscriptions shall automatically renew at the end of each billing cycle until cancelled.

The renewal period shall correspond to the original subscription period unless otherwise specified.

10.11 Renewal Charges

The applicable payment method shall be charged automatically upon renewal unless:

• (a) the subscription has been cancelled before renewal;
• (b) payment authorisation fails;
• (c) the subscription has expired without renewal;
• (d) Applicable Law requires otherwise.

10.12 Failed Payments

Where payment cannot be successfully processed, the Company may:

• (a) retry the transaction;
• (b) suspend Premium Services;
• (c) downgrade the User to free Services;
• (d) cancel the subscription after reasonable attempts to collect payment.

PART ECancellation

10.13 User Cancellation

Users may cancel recurring subscriptions at any time through:

• (a) Apple App Store account settings;
• (b) Google Play account settings;
• (c) the Platform;
• (d) other authorised subscription management interfaces.

Cancellation prevents future renewals but does not ordinarily terminate access to Premium Services before the end of the paid subscription period.

10.14 Company Cancellation

The Company may cancel a subscription where:

• (a) fraud is detected;
• (b) payment obligations remain outstanding;
• (c) these Terms are materially breached;
• (d) continued provision of Premium Services becomes unlawful;
• (e) required by a competent authority.

Where reasonably practicable, advance notice shall be provided unless immediate action is necessary.

PART FRefunds

10.15 General Policy

Except where required by Applicable Law or expressly stated by the Company, subscription fees are non-refundable.

10.16 App Store Purchases

Where a subscription is purchased through:

• (a) Apple App Store; or
• (b) Google Play,

refund requests shall generally be governed by the policies of the relevant application marketplace.

The Company cannot approve or compel refunds processed exclusively through third-party marketplaces.

10.17 Promotional Offers

Free trials, promotional pricing and introductory offers:

• (a) may be subject to additional conditions;
• (b) may be withdrawn at any time;
• (c) may be limited to one per User;
• (d) may automatically convert into paid subscriptions unless cancelled before expiry.

PART GTaxes

10.18 Taxes

Users shall be responsible for all applicable taxes associated with their subscription, except where the Company is legally required to collect and remit such taxes.

10.19 Tax Invoices

Where required by Applicable Law, the Company or the relevant payment processor may issue electronic invoices or receipts.

PART HModification of Premium Services

10.20 Changes to Premium Features

The Company may:

• (a) introduce new Premium features;
• (b) modify existing Premium functionality;
• (c) discontinue obsolete features;
• (d) replace technologies;
• (e) improve service quality.

Where a material reduction in Premium functionality occurs, the Company shall endeavour to provide reasonable notice, except where immediate modification is required for security, legal or operational reasons.

10.21 Beta Premium Features

Certain Premium Services may be designated as Beta or Experimental.

Such features:

• (a) may be incomplete;
• (b) may change without notice;
• (c) may contain errors;
• (d) may be withdrawn at any time.

PART IMisuse

10.22 Prohibited Conduct

Users shall not:

• (a) share subscription credentials in violation of these Terms;
• (b) circumvent payment mechanisms;
• (c) fraudulently obtain Premium access;
• (d) reverse engineer subscription controls;
• (e) resell Premium Services without written authorisation;
• (f) exploit technical vulnerabilities to obtain paid features without payment.

10.23 Suspension

Where the Company reasonably believes that Premium Services have been obtained fraudulently or are being misused, the Company may suspend or terminate Premium access without prejudice to any other remedies available under these Terms or Applicable Law.

PART JReservation of Rights

10.24 Future Subscription Services

The Company may introduce additional paid services including:

• (a) enterprise subscriptions;
• (b) family plans;
• (c) organisational accounts;
• (d) aviation professional subscriptions;
• (e) API usage plans;
• (f) developer subscriptions;
• (g) travel concierge services;
• (h) AI-powered premium assistants;
• (i) marketplace services;
• (j) other subscription-based offerings.

Unless expressly stated otherwise, such services shall be governed by these Terms.

Schedule 10-A

Illustrative Premium Features

CHAPTER 11THIRD-PARTY SERVICES, AVIATION DATA PROVIDERS, EXTERNAL PLATFORMS AND INTEGRATIONS

11.1 Purpose

This Chapter governs the Company’s use of third-party services, aviation data providers, external platforms, software integrations and technology partners that facilitate the provision of the Services.

The Company operates an integrated aviation technology platform that relies upon information, infrastructure and services supplied by independent third parties. Such third-party services remain outside the Company’s ownership and control unless expressly stated otherwise.

PART AThird-Party Services

11.2 Use of Third-Party Services

In providing the Services, the Company may utilise third-party products, services, infrastructure or technologies, including:

• (a) aviation data services;
• (b) cloud computing infrastructure;
• (c) payment processing services;
• (d) authentication providers;
• (e) mapping services;
• (f) artificial intelligence services;
• (g) analytics platforms;
• (h) communication infrastructure;
• (i) notification services;
• (j) customer support platforms;
• (k) software development tools;
• (l) security services;
• (m) travel information providers; and
• (n) other technology services reasonably necessary for the operation of the Platform.

The Company may add, replace or discontinue third-party service providers at any time without prior notice where reasonably necessary for operational, commercial, security or legal reasons.

11.3 Independent Providers

Each third-party provider operates independently of the Company.

Nothing contained in these Terms shall be construed as creating:

• (a) a partnership;
• (b) a joint venture;
• (c) an agency relationship;
• (d) an employment relationship;
• (e) an endorsement; or
• (f) any representation that the Company controls the operations of any third-party provider.

PART BAviation Data Providers

11.4 Aviation Data Sources

Flight Tracking, operational updates, airport information and related aviation intelligence may be obtained from one or more independent Aviation Data Providers.

Such providers may supply information including:

• (a) scheduled flight information;
• (b) operational flight status;
• (c) aircraft positions;
• (d) airport operational information;
• (e) airline schedules;
• (f) aircraft information;
• (g) weather information;
• (h) airport infrastructure information;
• (i) historical aviation information;
• (j) aviation statistics.

11.5 No Ownership of Aviation Data

Unless expressly stated otherwise, aviation information displayed through the Platform remains the intellectual property of the relevant Aviation Data Providers or their licensors.

The Company receives access to such information under contractual or licensing arrangements and does not claim ownership over third-party aviation datasets.

11.6 No Independent Verification

Although the Company applies commercially reasonable quality assurance measures, it does not independently verify every item of aviation information supplied by third-party providers.

Accordingly:

• (a) operational information may be delayed;
• (b) flight status may change;
• (c) gate assignments may change;
• (d) terminal information may change;
• (e) aircraft positions may not reflect real-time operations;
• (f) historical information may be corrected retrospectively.

PART CTechnology Integrations

11.7 External Integrations

The Platform may integrate with external technologies including:

• (a) Apple services;
• (b) Google services;
• (c) Firebase;
• (d) mapping platforms;
• (e) calendar applications;
• (f) payment gateways;
• (g) identity providers;
• (h) cloud storage services;
• (i) airline systems, where available;
• (j) future third-party integrations.

Availability of integrations may vary depending upon jurisdiction, device compatibility and contractual arrangements.

11.8 User Authorisation

Where a User voluntarily connects an external service to the Platform, the User authorises the Company to exchange information reasonably necessary to enable the requested functionality.

Such exchange shall be governed by:

• (a) these Terms;
• (b) the Privacy Policy;
• (c) the applicable third-party provider’s terms; and
• (d) Applicable Law.

PART DThird-Party Websites and Applications

11.9 External Links

The Platform may contain links to third-party websites, applications or online resources.

Such links are provided solely for convenience.

The Company does not control and is not responsible for:

• (a) content;
• (b) availability;
• (c) security;
• (d) privacy practices;
• (e) accuracy;
• (f) products or services offered through third-party platforms.

Accessing third-party resources is at the User’s own risk.

11.10 Third-Party Terms

Certain Services may require Users to accept additional terms imposed by third-party providers.

The User is solely responsible for reviewing and complying with such terms.

Nothing contained in these Terms modifies the contractual relationship between the User and any independent third-party provider.

PART EArtificial Intelligence Providers

11.11 AI Technologies

The Company may utilise internally developed or third-party artificial intelligence technologies in providing AI-powered Services.

Such technologies may include:

• (a) natural language processing;
• (b) machine learning infrastructure;
• (c) large language models;
• (d) predictive analytics platforms;
• (e) cloud-based AI services;
• (f) future AI technologies.

The Company’s use of such technologies shall remain subject to the Privacy Policy and Applicable Law.

PART FCommunications Infrastructure

11.12 Notification Services

Push notifications, email delivery and other communications may be transmitted using third-party infrastructure including:

• (a) Firebase Cloud Messaging;
• (b) Apple Push Notification Service;
• (c) email delivery platforms;
• (d) SMS gateways;
• (e) communication APIs.

The Company is not responsible for delays or failures attributable solely to third-party communication infrastructure.

PART GPayment Service Providers

11.13 Payment Processing

Payments for Premium Services may be processed by independent payment processors.

The Company does not guarantee:

• (a) uninterrupted payment services;
• (b) approval of payment transactions;
• (c) availability of any payment provider;
• (d) currency conversion services.

Payment processing remains subject to the terms of the relevant payment provider.

PART HService Interruptions

11.14 Third-Party Interruptions

The availability of the Platform may be affected by interruptions arising from:

• (a) cloud service outages;
• (b) aviation data interruptions;
• (c) mapping service failures;
• (d) payment gateway outages;
• (e) notification infrastructure failures;
• (f) authentication service disruptions;
• (g) internet failures;
• (h) governmental restrictions affecting third-party providers.

The Company shall use commercially reasonable efforts to minimise the impact of such interruptions but shall not be liable for events beyond its reasonable control.

PART IIntellectual Property

11.15 Third-Party Intellectual Property

All trademarks, service marks, trade names, logos, copyrighted works, software and other intellectual property belonging to third parties remain the exclusive property of their respective owners.

Nothing contained in these Terms grants the User any licence or ownership rights in third-party intellectual property except to the limited extent necessary to use the Services.

11.16 Attribution

Where required by contractual obligations or Applicable Law, the Company may display acknowledgements, attribution notices or licensing information relating to third-party providers.

Users shall not remove, obscure or alter such notices.

PART JReservation of Rights

11.17 Modification of Integrations

The Company may:

• (a) replace Aviation Data Providers;
• (b) change cloud service providers;
• (c) introduce additional integrations;
• (d) discontinue unsupported integrations;
• (e) modify API connections;
• (f) migrate technical infrastructure.

Such changes shall not constitute a breach of these Terms solely because a particular third-party integration becomes unavailable.

11.18 Future Third-Party Services

The Company may integrate future technologies including:

• (a) airline loyalty programmes;
• (b) digital wallets;
• (c) immigration and travel document verification services;
• (d) sustainability platforms;
• (e) airport operational systems;
• (f) smart travel assistants;
• (g) multimodal transport integrations;
• (h) future aviation technologies.

Unless expressly stated otherwise, such integrations shall be governed by these Terms.

Schedule 11-A

Illustrative Categories of Third-Party Providers

CHAPTER 12PRIVACY, DATA PROTECTION AND USER INFORMATION

12.1 Purpose

This Chapter establishes the general contractual framework governing the collection, use, disclosure, storage, protection and processing of information by TrackMyWings Technologies Private Limited (”Company”).

The Company’s detailed practices concerning the processing of Personal Data are set out in the Privacy Policy, which forms an integral part of these Terms.

Nothing contained in this Chapter limits any rights available to Users under Applicable Law.

PART APrivacy Policy

12.2 Incorporation of Privacy Policy

The Company’s Privacy Policy is incorporated into these Terms by reference.

By accessing or using the Services, the User acknowledges that the Company may process information in accordance with:

• (a) these Terms;
• (b) the Privacy Policy;
• (c) Applicable Law; and
• (d) any lawful instructions provided by the User through the Platform.

Where any inconsistency exists between this Chapter and the Privacy Policy concerning the processing of Personal Data, the Privacy Policy shall prevail.

12.3 Privacy Principles

The Company endeavours to process Personal Data in accordance with recognised principles of privacy and data protection, including:

• (a) lawfulness;
• (b) fairness;
• (c) transparency;
• (d) purpose limitation;
• (e) data minimisation;
• (f) accuracy;
• (g) storage limitation;
• (h) integrity;
• (i) confidentiality; and
• (j) accountability,

to the extent required by Applicable Law.

PART BInformation Processed

12.4 Categories of Information

Subject to the Privacy Policy, the Company may process information including:

• (a) Account information;
• (b) profile information;
• (c) authentication information;
• (d) Trip information;
• (e) Flight Passport records;
• (f) itinerary information;
• (g) aviation preferences;
• (h) Community information;
• (i) device information;
• (j) technical information;
• (k) usage analytics;
• (l) subscription information;
• (m) payment-related information;
• (n) customer support communications;
• (o) information voluntarily submitted by Users;
• (p) other information reasonably necessary for providing the Services.

12.5 Travel Information

The Platform may process travel-related information including:

• (a) airline information;
• (b) flight numbers;
• (c) airports;
• (d) travel dates;
• (e) itinerary information;
• (f) travel preferences;
• (g) imported booking confirmations;
• (h) Flight Tracking information;
• (i) travel history;
• (j) travel analytics.

Such processing shall occur solely for the purposes described in the Privacy Policy.

PART CPurposes of Processing

12.6 Service Provision

Information may be processed for purposes including:

• (a) creating Accounts;
• (b) providing Flight Tracking;
• (c) Trip Management;
• (d) Flight Passport;
• (e) Travel Analytics;
• (f) AI-powered services;
• (g) Community Features;
• (h) customer support;
• (i) subscription management;
• (j) fraud prevention;
• (k) Platform security;
• (l) legal compliance;
• (m) service improvement.

12.7 AI Services

Where Users utilise AI-powered functionality, the Company may process relevant information necessary to:

• (a) generate AI predictions;
• (b) personalise recommendations;
• (c) improve travel insights;
• (d) enhance service quality;
• (e) improve AI systems using aggregated or anonymised information where permitted by Applicable Law and the Privacy Policy.

The Company shall not process Personal Data for AI model training contrary to Applicable Law or the Privacy Policy.

PART DUser Rights

12.8 User Controls

Subject to Applicable Law and technical feasibility, Users may:

• (a) access their Personal Data;
• (b) update Account information;
• (c) modify privacy settings;
• (d) download available information;
• (e) request deletion of Personal Data;
• (f) close their Account;
• (g) manage notification preferences;
• (h) manage Community visibility.

The exercise of such rights shall remain subject to the Company’s legal obligations, legitimate interests and operational requirements.

12.9 Correction of Information

Users shall promptly update inaccurate information maintained within their Account.

The Company may request verification before implementing certain corrections where reasonably necessary for security or fraud prevention.

PART ESecurity

12.10 Security Measures

The Company implements commercially reasonable technical and organisational measures designed to protect information against:

• (a) unauthorised access;
• (b) accidental disclosure;
• (c) unlawful destruction;
• (d) accidental loss;
• (e) alteration;
• (f) misuse.

Such measures may include encryption, access controls, authentication mechanisms, monitoring systems and security testing.

12.11 No Absolute Security

While the Company endeavours to maintain appropriate safeguards, no electronic system or method of transmission can be guaranteed to be completely secure.

Accordingly, the Company cannot warrant absolute protection against every cybersecurity risk.

PART FThird-Party Processing

12.12 Service Providers

The Company may engage trusted third-party service providers to perform functions including:

• (a) cloud hosting;
• (b) payment processing;
• (c) authentication;
• (d) analytics;
• (e) notification delivery;
• (f) customer support;
• (g) infrastructure monitoring;
• (h) security services.

Such providers shall process information only as reasonably necessary for the services they provide and subject to appropriate contractual safeguards where required by Applicable Law.

12.13 International Processing

Where information is processed or stored outside the User’s jurisdiction, the Company shall implement appropriate safeguards where required by Applicable Law.

PART GRetention

12.14 Retention of Information

Information shall be retained only for as long as reasonably necessary to:

• (a) provide the Services;
• (b) maintain User Accounts;
• (c) comply with Applicable Law;
• (d) resolve disputes;
• (e) enforce these Terms;
• (f) protect Platform security;
• (g) fulfil legitimate business purposes described in the Privacy Policy.

12.15 Deletion

Upon lawful request or Account closure, the Company may delete or anonymise information in accordance with:

• (a) the Privacy Policy;
• (b) Applicable Law;
• (c) operational requirements;
• (d) legal retention obligations.

Certain information may continue to be retained where legally required or reasonably necessary for fraud prevention, dispute resolution or security.

PART HUser Responsibilities

12.16 User Obligations

Users shall:

• (a) provide accurate information;
• (b) safeguard Account credentials;
• (c) respect the privacy of other Users;
• (d) refrain from uploading information they are not authorised to disclose;
• (e) comply with Applicable Law when using Community Features.

12.17 Third-Party Information

Where a User uploads or shares information relating to another individual, the User represents that they possess the necessary authority or lawful basis to do so.

The User shall indemnify the Company against losses arising from unauthorised disclosure by the User.

PART IPrivacy Complaints

12.18 Privacy Enquiries

Questions concerning privacy or the processing of Personal Data may be submitted through the contact details specified in the Privacy Policy.

The Company shall endeavour to respond within a reasonable period, subject to Applicable Law.

12.19 Regulatory Rights

Nothing contained in these Terms restricts a User’s right to:

• (a) contact an appropriate supervisory or regulatory authority;
• (b) exercise statutory privacy rights;
• (c) seek remedies available under Applicable Law.

PART JReservation of Rights

12.20 Future Privacy Measures

The Company may introduce additional privacy controls, security technologies and compliance mechanisms in response to:

• (a) technological developments;
• (b) regulatory changes;
• (c) cybersecurity threats;
• (d) industry standards;
• (e) operational improvements.

Material changes shall be communicated in accordance with these Terms and the Privacy Policy.

Schedule 12-A

Privacy Governance Framework

CHAPTER 13ACCEPTABLE USE, PLATFORM SECURITY AND PROHIBITED ACTIVITIES

13.1 Purpose

This Chapter establishes the rules governing the lawful, secure and responsible use of the Services provided by TrackMyWings Technologies Private Limited (”Company”).

The integrity, security and availability of the Platform depend upon responsible conduct by all Users. Accordingly, every User shall access and use the Services in accordance with these Terms, Applicable Law and generally accepted standards of responsible digital conduct.

Nothing contained in this Chapter limits any additional obligations imposed under Applicable Law.

PART ALawful Use

13.2 Permitted Use

Users may access and use the Services solely for lawful purposes consistent with these Terms.

The Services shall not be used in any manner that:

• (a) violates Applicable Law;
• (b) infringes the rights of another person;
• (c) interferes with the security or operation of the Platform;
• (d) compromises the integrity of aviation information;
• (e) harms the Company, other Users or third parties.

13.3 Personal and Commercial Use

Unless expressly authorised in writing by the Company, the Platform is intended for personal, non-exclusive use.

Commercial use of the Services, including large-scale redistribution of aviation information or operation of competing services, requires the prior written consent of the Company.

PART BAccount Misuse

13.4 Account Integrity

Users shall not:

• (a) create fraudulent Accounts;
• (b) impersonate another individual or organisation;
• (c) use another person’s Account without authorisation;
• (d) share login credentials except where expressly permitted;
• (e) conceal their identity for fraudulent purposes;
• (f) create multiple Accounts to evade Platform restrictions.

13.5 Security Credentials

Users shall maintain the confidentiality of authentication credentials and immediately notify the Company upon becoming aware of:

• (a) unauthorised access;
• (b) compromised passwords;
• (c) stolen devices;
• (d) suspicious Account activity.

PART CPlatform Security

13.6 Security Restrictions

Users shall not directly or indirectly:

• (a) attempt to gain unauthorised access to the Platform;
• (b) interfere with authentication systems;
• (c) bypass security controls;
• (d) exploit vulnerabilities;
• (e) interfere with servers;
• (f) interfere with databases;
• (g) interfere with APIs;
• (h) interfere with cloud infrastructure.

13.7 Malicious Activities

Users shall not upload, transmit or introduce:

• (a) malware;
• (b) viruses;
• (c) ransomware;
• (d) spyware;
• (e) Trojan horses;
• (f) malicious scripts;
• (g) harmful executable code;
• (h) logic bombs;
• (i) denial-of-service tools;
• (j) any technology intended to disrupt or compromise the Platform.

13.8 Reverse Engineering

Except to the extent expressly permitted by Applicable Law, Users shall not:

• (a) reverse engineer;
• (b) decompile;
• (c) disassemble;
• (d) decode;
• (e) reproduce source code;
• (f) discover underlying algorithms;
• (g) discover AI models;
• (h) circumvent technological protection measures.

PART DData Protection

13.9 Automated Access

Users shall not use automated systems to access the Platform without prior written authorisation, including:

• (a) bots;
• (b) scrapers;
• (c) crawlers;
• (d) spiders;
• (e) automated extraction software;
• (f) data harvesting tools.

Reasonable indexing by recognised search engines may be permitted where expressly authorised.

13.10 Data Harvesting

Users shall not collect, copy or compile:

• (a) User profiles;
• (b) travel histories;
• (c) aviation databases;
• (d) Flight Passport information;
• (e) Community information;
• (f) Personal Data;
• (g) operational information,

for commercial or unlawful purposes.

PART EAviation Information

13.11 Responsible Use of Aviation Information

Users shall not:

• (a) intentionally manipulate Flight Tracking information;
• (b) falsely represent aviation operational status;
• (c) create misleading aviation alerts;
• (d) interfere with aviation information displayed by the Platform;
• (e) falsely attribute operational information to the Company.

13.12 Safety

Users shall not use the Platform:

• (a) to facilitate unlawful surveillance;
• (b) to interfere with aviation operations;
• (c) to compromise aviation security;
• (d) to endanger passengers or crew;
• (e) for activities prohibited by aviation authorities.

PART FArtificial Intelligence

13.13 AI Restrictions

Users shall not:

• (a) manipulate AI systems;
• (b) intentionally provide false information to influence AI outputs;
• (c) attempt to discover proprietary AI methodologies;
• (d) use AI outputs to develop competing services through unauthorised extraction;
• (e) present AI-generated predictions as official aviation information.

PART GCommunity Conduct

13.14 Respectful Conduct

Users shall interact respectfully with other Users.

Users shall not engage in:

• (a) harassment;
• (b) bullying;
• (c) discrimination;
• (d) intimidation;
• (e) stalking;
• (f) threats;
• (g) hate speech;
• (h) abusive conduct.

13.15 Spam

Users shall not:

• (a) send unsolicited commercial communications;
• (b) publish repetitive content;
• (c) artificially increase engagement;
• (d) distribute deceptive advertising;
• (e) misuse Community Features for mass marketing.

PART HIntellectual Property

13.16 Intellectual Property Violations

Users shall not:

• (a) upload infringing content;
• (b) reproduce proprietary aviation databases;
• (c) copy Platform software;
• (d) misuse trademarks;
• (e) infringe patents;
• (f) violate database rights.

13.17 API Misuse

Where API access is provided, Users shall not:

• (a) exceed authorised rate limits;
• (b) bypass API restrictions;
• (c) use unauthorised API keys;
• (d) interfere with API availability;
• (e) redistribute API credentials.

PART ICompliance

13.18 Cooperation

Users shall reasonably cooperate with lawful investigations relating to:

• (a) fraud;
• (b) cybersecurity incidents;
• (c) unlawful Platform use;
• (d) regulatory compliance.

Nothing in this Clause requires a User to waive any legal rights or privileges available under Applicable Law.

13.19 Reporting Security Issues

Users discovering a security vulnerability are encouraged to report it responsibly through the Company’s designated security contact.

Users shall not publicly disclose a vulnerability before the Company has had a reasonable opportunity to investigate and remediate the issue, unless disclosure is otherwise protected by Applicable Law.

PART JEnforcement

13.20 Investigation

Where the Company reasonably suspects a breach of this Chapter, it may investigate using lawful and proportionate measures, including reviewing relevant logs, technical records and User activity, consistent with the Privacy Policy and Applicable Law.

13.21 Enforcement Measures

Without prejudice to any other rights available under these Terms or Applicable Law, the Company may:

• (a) issue warnings;
• (b) remove offending content;
• (c) suspend Community Features;
• (d) temporarily restrict access;
• (e) suspend or terminate Accounts;
• (f) revoke API access;
• (g) suspend Premium Services;
• (h) report unlawful conduct to competent authorities;
• (i) seek appropriate legal remedies.

Enforcement measures shall, where reasonably practicable, be proportionate to the nature, severity and recurrence of the violation.

PART KReservation of Rights

13.22 Platform Protection

The Company reserves the right to implement additional technical, organisational and contractual measures reasonably necessary to protect:

• (a) the Platform;
• (b) Users;
• (c) aviation data;
• (d) AI systems;
• (e) intellectual property;
• (f) third-party infrastructure;
• (g) regulatory compliance.

13.23 Future Security Measures

The Company may introduce additional security mechanisms including:

• (a) behavioural fraud detection;
• (b) device verification;
• (c) enhanced identity verification;
• (d) automated abuse prevention;
• (e) CAPTCHA technologies;
• (f) security monitoring tools;
• (g) zero-trust security architecture;
• (h) future cybersecurity technologies.

Unless expressly stated otherwise, such measures shall be governed by these Terms.

Schedule 13-A

Illustrative Prohibited Activities

CHAPTER 14INTELLECTUAL PROPERTY RIGHTS, LICENSING AND PLATFORM OWNERSHIP

14.1 Purpose

This Chapter governs the ownership, protection, licensing and permitted use of the intellectual property associated with the Services provided by TrackMyWings Technologies Private Limited (”Company”).

Except as expressly provided in these Terms, nothing herein transfers any ownership or proprietary interest in the Company’s intellectual property or that of any third party.

PART AOwnership of Intellectual Property

14.2 Ownership

The Platform, together with all associated intellectual property, is and shall remain the exclusive property of the Company or its licensors.

Without limitation, the Company’s intellectual property includes:

• (a) the Platform;
• (b) software;
• (c) source code;
• (d) object code;
• (e) databases created by the Company;
• (f) application architecture;
• (g) user interface designs;
• (h) graphical elements;
• (i) workflows;
• (j) algorithms;
• (k) artificial intelligence systems;
• (l) predictive models;
• (m) documentation;
• (n) audiovisual content;
• (o) trade names;
• (p) logos;
• (q) trademarks;
• (r) service marks;
• (s) domain names;
• (t) copyrights;
• (u) trade secrets;
• (v) know-how; and
• (w) all other proprietary materials developed or licensed by the Company.

14.3 Reservation of Rights

All rights not expressly granted to the User under these Terms are reserved by the Company and its licensors.

No implied licence shall arise by estoppel, implication or otherwise.

PART BLimited Licence

14.4 Licence to Use the Services

Subject to continuous compliance with these Terms, the Company grants the User a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform solely for its intended purposes.

The licence granted under this Clause:

• (a) does not transfer ownership;
• (b) may be suspended or terminated in accordance with these Terms;
• (c) is limited to lawful use of the Services;
• (d) remains subject to any applicable subscription plan.

14.5 Licence Restrictions

Except where expressly permitted by Applicable Law or these Terms, the User shall not:

• (a) reproduce the Platform;
• (b) distribute the Platform;
• (c) commercially exploit the Platform;
• (d) create derivative works;
• (e) modify software;
• (f) reverse engineer the Platform;
• (g) lease or rent the Platform;
• (h) sublicense the Platform;
• (i) assign rights under the licence;
• (j) remove copyright notices;
• (k) circumvent licence controls;
• (l) copy substantial portions of the Platform.

PART CTrademarks

14.6 Company Marks

The names TrackMyWings, TrackMyWings Technologies Private Limited, associated logos, product names, branding, slogans and other distinctive identifiers are proprietary trademarks or trade dress of the Company unless otherwise indicated.

No User acquires any ownership interest in such marks through use of the Services.

14.7 Restrictions

Users shall not, without prior written consent:

• (a) use Company trademarks in advertising;
• (b) register confusingly similar domain names;
• (c) create misleading branding;
• (d) imply sponsorship or endorsement;
• (e) reproduce logos for commercial purposes;
• (f) challenge the Company’s ownership of its intellectual property.

PART DUser Content

14.8 Ownership of User Content

Subject to these Terms, Users retain ownership of intellectual property rights subsisting in content that they lawfully create or upload through the Platform.

Such content may include:

• (a) profile information;
• (b) photographs;
• (c) travel journals;
• (d) comments;
• (e) Community posts;
• (f) travel notes;
• (g) other User-generated content.

14.9 Licence Granted to the Company

To the extent necessary to operate and improve the Services, the User grants the Company a worldwide, non-exclusive, royalty-free, transferable (solely in connection with a merger, acquisition, corporate restructuring or sale of substantially all of the Company’s assets), sublicensable (only to service providers acting on the Company’s behalf), and revocable licence to:

• (a) host;
• (b) store;
• (c) reproduce;
• (d) display;
• (e) transmit;
• (f) adapt solely for technical compatibility;
• (g) distribute within the Platform in accordance with the User’s privacy settings;
• (h) process User Content for the purpose of providing the Services.

This licence shall automatically terminate when the relevant User Content is permanently deleted from the Platform, subject to:

• (i) backup retention;
• (j) legal obligations;
• (k) dispute resolution;
• (l) security requirements; and
• (m) rights already granted to other Users before deletion.

14.10 User Warranties

The User represents and warrants that:

• (a) the User owns or lawfully controls the necessary rights in the User Content;
• (b) uploading such content does not infringe Applicable Law;
• (c) uploading such content does not infringe third-party intellectual property rights;
• (d) the Company may lawfully exercise the licence granted under these Terms.

PART EFeedback

14.11 Feedback

Users may voluntarily submit:

• (a) suggestions;
• (b) ideas;
• (c) recommendations;
• (d) bug reports;
• (e) feature requests;
• (f) usability feedback.

14.12 Licence to Feedback

Unless otherwise expressly agreed in writing, the User grants the Company a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, modify, incorporate, commercialise and otherwise exploit such feedback without any obligation to provide compensation or attribution to the User.

For the avoidance of doubt, this Clause applies only to feedback about the Services and does not transfer ownership of unrelated User Content.

PART FArtificial Intelligence

14.13 Ownership of AI Systems

The Company’s artificial intelligence systems, predictive models, training methodologies, prompts, workflows, algorithms and associated technologies remain the exclusive intellectual property of the Company or its licensors.

Nothing contained in these Terms grants the User any ownership interest in such technologies.

14.14 AI Outputs

Subject to Applicable Law, AI-generated travel insights, recommendations and predictions are provided solely for the User’s internal use in connection with the Services.

Users shall not systematically extract, reproduce or use AI-generated outputs to develop or train competing products or services without the Company’s prior written consent.

PART GOpen Source Software

14.15 Open Source Components

The Platform may incorporate software distributed under open-source licences.

Such components remain governed by their respective licence terms.

Nothing contained in these Terms restricts any rights expressly granted under applicable open-source licences.

PART HCopyright Complaints

14.16 Notice of Infringement

Any person who reasonably believes that content available through the Platform infringes their intellectual property rights may submit a written notice to the Company containing sufficient information to enable the Company to investigate the allegation.

14.17 Investigation

The Company may, acting reasonably and in accordance with Applicable Law:

• (a) investigate the complaint;
• (b) request additional information;
• (c) temporarily disable access to disputed content;
• (d) remove infringing material;
• (e) notify the affected User;
• (f) take any other appropriate action.

Nothing in this Clause requires the Company to adjudicate disputes concerning ownership of intellectual property.

PART IThird-Party Intellectual Property

14.18 Third-Party Rights

Certain content displayed through the Platform, including aviation data, airline names, airport names, maps, software libraries and third-party services, may be owned by independent rights holders.

Users shall respect all applicable third-party intellectual property rights.

14.19 No Licence

Except as expressly provided, nothing contained in these Terms grants Users any licence to use third-party intellectual property beyond what is reasonably necessary to access and use the Services.

PART JReservation of Rights

14.20 Future Intellectual Property

All future developments relating to the Platform, including new software modules, AI capabilities, databases, analytics tools, product names, visual identities and technologies developed by or for the Company shall remain the exclusive intellectual property of the Company unless expressly agreed otherwise in writing.

14.21 Survival

The provisions of this Chapter concerning ownership, confidentiality, licence restrictions, feedback licences and intellectual property protection shall survive the termination or expiration of these Terms to the extent necessary to preserve the respective rights of the Company, its licensors and Users.

Schedule 14-A

Illustrative Intellectual Property Assets

CHAPTER 15DISCLAIMERS, SERVICE AVAILABILITY AND NO WARRANTIES

15.1 Purpose

This Chapter sets out the limitations applicable to the Services provided by TrackMyWings Technologies Private Limited (”Company”), including the nature of the Services, operational limitations, disclaimers of warranties and the allocation of risks associated with the User’s use of the Platform.

The User acknowledges that the Platform is an aviation technology and information service that relies upon multiple independent systems and data sources, and that the Company cannot guarantee uninterrupted or error-free operation.

PART ANature of the Services

15.2 Information and Technology Platform

The Company provides technology-enabled aviation information services designed to assist Users in monitoring, organising and analysing travel information.

The Company does not:

• (a) operate aircraft;
• (b) control airlines;
• (c) operate airports;
• (d) provide air traffic control services;
• (e) determine flight schedules;
• (f) issue boarding passes;
• (g) guarantee transportation;
• (h) act as an airline or airport operator.

15.3 No Travel Contract

Use of the Platform does not create any contract of carriage, transportation, travel agency, tour operation or similar relationship between the Company and the User.

Any transportation contract exists solely between the User and the relevant airline, carrier or travel service provider.

PART BAviation Information

15.4 Informational Nature

Flight information, airport information, delay estimates, gate assignments, terminal information and other aviation-related content are provided solely for informational and convenience purposes.

Such information should not be regarded as the official operational record of any airline, airport or aviation authority.

15.5 Verification by Users

Users should independently verify all material travel information directly with the relevant airline, airport or other official source before:

• (a) travelling to an airport;
• (b) checking in;
• (c) boarding a flight;
• (d) making onward travel arrangements;
• (e) altering travel plans;
• (f) relying upon any operational information.

15.6 Operational Changes

Flight operations may change without notice.

Information displayed through the Platform may become inaccurate due to:

• (a) operational decisions;
• (b) airline updates;
• (c) airport changes;
• (d) weather conditions;
• (e) governmental actions;
• (f) technical failures;
• (g) security events;
• (h) circumstances beyond the Company’s reasonable control.

PART CArtificial Intelligence

15.7 AI Predictions

Artificial intelligence features, including delay predictions, travel recommendations and predictive insights, are probabilistic tools generated using automated systems.

AI outputs:

• (a) are estimates;
• (b) may be incomplete;
• (c) may contain inaccuracies;
• (d) should not be interpreted as guarantees;
• (e) should not replace official operational information.

15.8 User Responsibility

The User remains solely responsible for making travel decisions.

The Company shall not be responsible for any decision made solely or substantially in reliance upon AI-generated outputs.

PART DService Availability

15.9 Availability

The Company shall use commercially reasonable efforts to make the Services available.

However, uninterrupted availability cannot be guaranteed.

The Services may be temporarily unavailable due to:

• (a) scheduled maintenance;
• (b) emergency maintenance;
• (c) software upgrades;
• (d) cloud service interruptions;
• (e) aviation data interruptions;
• (f) internet failures;
• (g) cyber incidents;
• (h) force majeure events.

15.10 Modification of Services

The Company may modify, suspend or discontinue any feature of the Platform where reasonably necessary for:

• (a) technical improvements;
• (b) legal compliance;
• (c) security;
• (d) operational requirements;
• (e) business continuity.

Where reasonably practicable, material changes shall be communicated in advance.

PART EThird-Party Services

15.11 Third-Party Dependencies

The Platform depends upon services supplied by independent third parties.

Accordingly, the Company does not warrant:

• (a) uninterrupted aviation data;
• (b) uninterrupted cloud services;
• (c) uninterrupted mapping services;
• (d) uninterrupted notification services;
• (e) uninterrupted authentication services;
• (f) uninterrupted payment services.

Failures attributable solely to independent third-party providers shall not constitute a breach of these Terms by the Company.

PART FTechnical Limitations

15.12 Compatibility

The Company does not warrant that the Platform shall function on every:

• (a) device;
• (b) operating system;
• (c) browser;
• (d) network;
• (e) application version.

Users are responsible for maintaining compatible hardware, software and internet connectivity.

15.13 Errors

Despite reasonable testing, the Platform may contain:

• (a) software defects;
• (b) calculation errors;
• (c) temporary inaccuracies;
• (d) display issues;
• (e) interoperability limitations.

The Company may correct such issues without prior notice.

PART GDisclaimer of Warranties

15.14 General Disclaimer

To the maximum extent permitted by Applicable Law, the Services are provided on an “as is” and “as available” basis.

The Company expressly disclaims all warranties, representations and guarantees, whether express, implied, statutory or otherwise, including implied warranties relating to:

• (a) merchantability;
• (b) satisfactory quality;
• (c) fitness for a particular purpose;
• (d) uninterrupted availability;
• (e) non-infringement;
• (f) accuracy;
• (g) completeness;
• (h) reliability;
• (i) compatibility;
• (j) performance.

Nothing in this Clause excludes any warranty that cannot lawfully be excluded under Applicable Law.

15.15 No Guarantee of Results

The Company does not guarantee:

• (a) successful travel;
• (b) avoidance of delays;
• (c) improved travel outcomes;
• (d) prediction accuracy;
• (e) uninterrupted notifications;
• (f) uninterrupted synchronisation;
• (g) uninterrupted access to Premium Services.

PART HUser Acknowledgements

15.16 Assumption of Risk

The User acknowledges that:

• (a) aviation operations are inherently dynamic;
• (b) travel schedules frequently change;
• (c) third-party information may be delayed;
• (d) AI systems have inherent limitations;
• (e) electronic communications may fail;
• (f) no technology platform can eliminate all operational uncertainty.

15.17 Personal Decisions

The User accepts sole responsibility for:

• (a) travel planning;
• (b) ticket purchases;
• (c) visa compliance;
• (d) passport validity;
• (e) airport arrival times;
• (f) insurance decisions;
• (g) compliance with airline requirements.

PART IRegulatory Matters

15.18 No Professional Advice

The Services do not constitute:

• (a) legal advice;
• (b) immigration advice;
• (c) tax advice;
• (d) aviation operational advice;
• (e) financial advice;
• (f) insurance advice.

Users should seek independent professional advice where appropriate.

15.19 Compliance

The User remains solely responsible for complying with all:

• (a) airline rules;
• (b) airport regulations;
• (c) immigration laws;
• (d) customs requirements;
• (e) health requirements;
• (f) aviation regulations.

PART JReservation of Rights

15.20 Beta Features

The Company may designate certain Services as Beta, Experimental or Preview.

Such Services:

• (a) may change without notice;
• (b) may be discontinued;
• (c) may contain errors;
• (d) are provided without any assurance of continued availability.

15.21 Future Technologies

The Company may introduce new technologies, AI capabilities, aviation intelligence features and integrations.

Unless expressly stated otherwise, such features shall remain subject to the disclaimers contained in this Chapter.

Schedule 15-A

Illustrative Events Beyond the Company’s Reasonable Control

CHAPTER 16LIMITATION OF LIABILITY, INDEMNIFICATION AND ALLOCATION OF RISK

16.1 Purpose

This Chapter establishes the allocation of risk between the Company and Users, defines the extent of the Company’s liability arising from the use of the Services and sets out the indemnification obligations applicable under these Terms.

The provisions of this Chapter shall be interpreted to the fullest extent permitted by Applicable Law and shall not exclude or restrict any liability that cannot lawfully be excluded or limited.

PART AAllocation of Risk

16.2 User Assumption of Risk

The User acknowledges that the Services involve the processing and presentation of aviation information obtained from multiple independent sources and that aviation operations are inherently dynamic.

Accordingly, the User assumes responsibility for evaluating the suitability of the Services for the User’s intended purposes and for independently verifying material travel information where appropriate.

16.3 Allocation of Responsibility

The Company shall be responsible only for obligations expressly undertaken under these Terms.

The User remains responsible for:

• (a) travel decisions;
• (b) ticket purchases;
• (c) compliance with airline requirements;
• (d) passport and visa validity;
• (e) compliance with immigration requirements;
• (f) compliance with Applicable Law;
• (g) safeguarding Account credentials;
• (h) maintaining compatible devices and internet connectivity.

PART BLimitation of Liability

16.4 Excluded Losses

To the fullest extent permitted by Applicable Law, the Company, its directors, officers, employees, affiliates, licensors, contractors and service providers shall not be liable for any indirect, incidental, consequential, exemplary, punitive or special damages arising out of or relating to the use of the Services.

Without limitation, this includes damages relating to:

• (a) loss of profits;
• (b) loss of revenue;
• (c) loss of business opportunities;
• (d) loss of goodwill;
• (e) loss of anticipated savings;
• (f) loss of data;
• (g) business interruption;
• (h) reputational harm;
• (i) emotional distress; or
• (j) any similar economic or non-economic loss.

16.5 Specific Exclusions

Without limiting Clause 16.4, the Company shall not be liable for losses arising from:

• (a) flight delays;
• (b) flight cancellations;
• (c) missed connections;
• (d) denied boarding;
• (e) aircraft substitutions;
• (f) airport operational decisions;
• (g) immigration decisions;
• (h) customs actions;
• (i) governmental restrictions;
• (j) travel disruptions;
• (k) reliance upon inaccurate third-party information;
• (l) reliance upon AI-generated predictions;
• (m) failures of third-party infrastructure;
• (n) internet interruptions;
• (o) User negligence.

16.6 Aggregate Liability

To the fullest extent permitted by Applicable Law, the aggregate liability of the Company arising out of or relating to the Services, whether in contract, tort (including negligence), statute or otherwise, shall not exceed:

• (a) where the User has paid subscription fees during the twelve (12) months immediately preceding the event giving rise to the claim, the total subscription fees actually paid by the User to the Company during that period; or
• (b) where no subscription fees have been paid, INR 1,000.

This limitation shall not apply where such limitation is prohibited by Applicable Law.

PART CCircumstances Beyond the Company’s Control

16.7 Third-Party Conduct

The Company shall not be liable for acts or omissions of:

• (a) airlines;
• (b) airports;
• (c) aviation authorities;
• (d) travel agencies;
• (e) payment processors;
• (f) cloud service providers;
• (g) internet service providers;
• (h) government authorities;
• (i) independent contractors;
• (j) other third parties beyond the Company’s reasonable control.

16.8 Technical Failures

The Company shall not be liable for interruptions caused by:

• (a) telecommunications failures;
• (b) internet congestion;
• (c) cyber-attacks;
• (d) software incompatibilities;
• (e) hardware failures;
• (f) third-party API failures;
• (g) aviation data interruptions;
• (h) force majeure events.

PART DUser Indemnity

16.9 Indemnification

To the fullest extent permitted by Applicable Law, the User agrees to indemnify, defend and hold harmless the Company, its directors, officers, employees, affiliates, licensors and authorised representatives from and against any claims, proceedings, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to:

• (a) the User’s breach of these Terms;
• (b) unlawful use of the Services;
• (c) infringement of intellectual property rights by the User;
• (d) User Content uploaded by the User;
• (e) fraudulent conduct;
• (f) violation of Applicable Law;
• (g) misuse of Community Features;
• (h) misuse of the Company’s AI systems.

16.10 Defence of Claims

The Company reserves the right to assume the exclusive defence and control of any matter subject to indemnification.

The User shall reasonably cooperate with the Company in the defence or settlement of such claims.

PART EUser Content

16.11 Responsibility for User Content

The User remains solely responsible for all User Content submitted through the Platform.

The Company does not endorse or guarantee the accuracy, legality or reliability of User Content.

16.12 User Disputes

The Company shall not be responsible for disputes arising solely between Users.

Users are encouraged to resolve such disputes directly where appropriate.

The Company may, but is not obliged to, assist in resolving disputes involving the Platform.

PART FMitigation

16.13 Duty to Mitigate

Each Party shall take reasonable steps to mitigate any loss arising from an alleged breach of these Terms.

Failure to take reasonable mitigation measures may be considered when determining recoverable damages, to the extent permitted by Applicable Law.

PART GConsumer Rights

16.14 Statutory Rights

Nothing contained in these Terms shall exclude, restrict or limit:

• (a) statutory consumer rights;
• (b) liabilities that cannot lawfully be excluded;
• (c) remedies expressly preserved under Applicable Law.

Where any limitation contained in this Chapter is held unenforceable, the remaining provisions shall continue in full force and effect.

PART HInsurance

16.15 No Insurance

The Company does not provide travel insurance, baggage insurance, flight insurance or any other insurance product unless expressly stated in a separate written agreement.

Users remain solely responsible for obtaining any insurance they consider appropriate.

PART IRelease

16.16 Release

To the fullest extent permitted by Applicable Law, where a dispute arises solely between the User and a third party (including another User, an airline, an airport, a payment provider or any other external service provider), the User releases the Company from claims, demands and damages arising exclusively from such third-party dispute, except to the extent the Company has independently contributed to the loss through its own breach of these Terms or Applicable Law.

PART JSurvival

16.17 Survival

The provisions of this Chapter concerning limitation of liability, indemnification, exclusions of liability, allocation of risk and related rights shall survive the termination, suspension or expiration of these Terms to the extent necessary to give effect to their purpose.

Schedule 16-A

Illustrative Allocation of Responsibility

CHAPTER 17SUSPENSION, TERMINATION, ACCOUNT CLOSURE AND EFFECT OF TERMINATION

17.1 Purpose

This Chapter governs the suspension, restriction, termination and closure of User Accounts, the discontinuation of access to the Services and the legal consequences arising from such actions.

The Company seeks to ensure that enforcement actions are proportionate, transparent and consistent with Applicable Law while protecting the integrity, security and lawful operation of the Platform.

PART ASuspension of Services

17.2 Temporary Suspension

The Company may temporarily suspend, restrict or limit access to all or part of the Services where it reasonably believes that such action is necessary to:

• (a) protect the security of the Platform;
• (b) investigate suspected fraud;
• (c) prevent unauthorised access;
• (d) prevent misuse of the Services;
• (e) comply with Applicable Law;
• (f) comply with a lawful order of a court, regulator or governmental authority;
• (g) perform emergency maintenance;
• (h) protect the rights, property or safety of the Company, Users or third parties.

Where reasonably practicable, the Company shall provide notice of the suspension.

17.3 Partial Suspension

Instead of suspending an entire Account, the Company may temporarily restrict specific Services, including:

• (a) Community Features;
• (b) AI-powered features;
• (c) Premium Services;
• (d) Flight Passport functionality;
• (e) Email Import;
• (f) API access;
• (g) other Platform features.

PART BUser-Initiated Account Closure

17.4 Closure by User

Users may close their Account at any time through the Platform or by contacting the Company’s designated support channels.

Closure of an Account does not automatically cancel any active subscription managed through an external application marketplace, and Users remain responsible for cancelling recurring subscriptions through the applicable payment provider or app store where required.

17.5 Effect of Account Closure

Following closure of an Account:

• (a) access to the Services may cease;
• (b) Community Features may become inaccessible;
• (c) Premium Services may terminate at the end of the applicable subscription period unless otherwise provided;
• (d) certain information may be deleted or anonymised in accordance with the Privacy Policy;
• (e) certain information may be retained where required by Applicable Law or for legitimate business purposes, including fraud prevention, dispute resolution and security.

PART CTermination by the Company

17.6 Grounds for Termination

The Company may terminate a User’s Account or access to the Services where the User:

• (a) materially breaches these Terms;
• (b) repeatedly violates Platform policies;
• (c) engages in fraudulent or deceptive conduct;
• (d) infringes intellectual property rights;
• (e) compromises Platform security;
• (f) uses the Services for unlawful purposes;
• (g) provides materially false information;
• (h) fails to remedy a material breach within a reasonable period after receiving notice, where the breach is capable of remedy.

Immediate termination may occur where the breach is so serious that continued access would expose the Company, other Users or third parties to material risk or where immediate action is required by Applicable Law.

17.7 Regulatory Compliance

The Company may suspend or terminate access where necessary to comply with:

• (a) judicial orders;
• (b) regulatory directives;
• (c) sanctions regimes;
• (d) export control laws;
• (e) governmental requirements;
• (f) other Applicable Law.

PART DAbandonment of Accounts

17.8 Inactive Accounts

The Company may designate an Account as inactive where it has not been accessed for an extended period.

Prior to deleting an inactive Account, the Company shall endeavour to provide reasonable notice to the User where practicable.

This Clause shall not apply where retention is required by Applicable Law.

PART EConsequences of Suspension or Termination

17.9 Loss of Access

Upon suspension or termination:

• (a) access credentials may be disabled;
• (b) Premium functionality may cease;
• (c) Community access may be restricted;
• (d) synchronisation services may stop;
• (e) API access may be revoked;
• (f) licences granted under these Terms may terminate, except where expressly stated otherwise.

17.10 User Content

Subject to the Privacy Policy and Applicable Law, the Company may:

• (a) retain User Content for a reasonable period following termination;
• (b) remove User Content from public display;
• (c) delete User Content following expiration of applicable retention periods;
• (d) preserve User Content where necessary for legal proceedings, fraud prevention, security or regulatory compliance.

PART FOutstanding Obligations

17.11 Outstanding Payments

Termination or closure of an Account does not extinguish any payment obligation accrued before the effective date of termination.

The User remains responsible for all outstanding charges lawfully incurred before termination.

17.12 Existing Rights

Termination of these Terms shall not affect:

• (a) accrued rights;
• (b) accrued liabilities;
• (c) completed transactions;
• (d) existing legal claims;
• (e) remedies available under Applicable Law.

PART GAppeals

17.13 Review of Enforcement Actions

Where an Account has been suspended or terminated for alleged violations of these Terms, the User may submit a request for review through the Company’s designated support channels.

The Company shall review such requests in good faith and may request additional information where reasonably necessary.

The Company’s decision following such review shall be final, subject to any rights available under Applicable Law.

PART HCompany Discontinuation of Services

17.14 Discontinuation

The Company reserves the right to discontinue all or part of the Services where reasonably necessary due to:

• (a) commercial considerations;
• (b) technological changes;
• (c) legal or regulatory requirements;
• (d) security concerns;
• (e) operational impracticability;
• (f) force majeure.

Where reasonably practicable, Users shall be provided with advance notice of any material discontinuation.

17.15 Business Transfers

If the Company undergoes a merger, acquisition, corporate restructuring, sale of assets or similar transaction, User Accounts and associated contractual rights and obligations under these Terms may be transferred to the successor entity, subject to Applicable Law and the Privacy Policy.

Such transfer shall not, by itself, constitute a termination of these Terms.

PART ISurvival

17.16 Continuing Provisions

The following provisions shall survive the suspension, termination or expiration of these Terms to the extent necessary to give effect to their purpose:

• (a) Intellectual Property Rights;
• (b) Privacy and Data Protection obligations;
• (c) Limitation of Liability;
• (d) Indemnification;
• (e) Confidentiality obligations;
• (f) Payment obligations accrued prior to termination;
• (g) Governing Law and Dispute Resolution;
• (h) Miscellaneous provisions relating to interpretation and enforcement.

PART JReservation of Rights

17.17 Preservation of Remedies

The exercise by the Company of any right under this Chapter shall be without prejudice to any other contractual, statutory or equitable remedy available under Applicable Law.

No failure or delay in exercising any right shall constitute a waiver of that right.

Schedule 17-A

Illustrative Enforcement Measures

CHAPTER 18GOVERNING LAW, JURISDICTION, DISPUTE RESOLUTION AND ELECTRONIC COMMUNICATIONS

18.1 Purpose

This Chapter governs the applicable law, resolution of disputes, jurisdiction of courts, electronic communications and related procedural matters arising out of or in connection with these Terms or the Services.

The Company encourages the prompt, fair and amicable resolution of disputes wherever reasonably practicable.

PART AGoverning Law

18.2 Applicable Law

These Terms, the Privacy Policy and all disputes, claims or controversies arising out of or relating to the Services shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of laws principles.

Nothing contained in these Terms shall deprive any User of mandatory statutory protections available under Applicable Law.

18.3 Compliance with Law

Users shall comply with all Applicable Laws while accessing or using the Services, including laws relating to:

• (a) information technology;
• (b) data protection;
• (c) intellectual property;
• (d) consumer protection;
• (e) cyber security;
• (f) export controls;
• (g) sanctions;
• (h) taxation; and
• (i) aviation regulations, where applicable.

PART BGood Faith Resolution

18.4 Initial Resolution

Before initiating formal legal proceedings, a Party should first notify the other Party of the dispute in writing and provide reasonable details of the matter.

The Parties shall use reasonable efforts to resolve the dispute through good faith discussions within thirty (30) days from the date the notice is received, unless a longer period is mutually agreed.

Nothing in this Clause prevents either Party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.

18.5 Customer Support

Users are encouraged to contact the Company’s customer support channels before commencing formal proceedings, particularly where the issue relates to:

• (a) Account access;
• (b) subscriptions;
• (c) billing;
• (d) Flight Passport;
• (e) Community Features;
• (f) technical issues;
• (g) privacy requests.

PART CArbitration

18.6 Agreement to Arbitrate

Subject to Applicable Law and any statutory rights that cannot be waived, disputes that cannot be resolved under Clause 18.4 may be referred to arbitration.

The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

18.7 Constitution of Tribunal

Unless otherwise agreed by the Parties or required by Applicable Law:

• (a) the arbitral tribunal shall consist of a sole arbitrator;
• (b) the arbitrator shall be appointed by mutual agreement of the Parties; and
• (c) failing such agreement, the appointment shall be made in accordance with the Arbitration and Conciliation Act, 1996.

18.8 Seat and Venue

Unless otherwise agreed by the Parties, the:

• (a) seat of arbitration shall be Shimla, Himachal Pradesh, India; and
• (b) hearings may be conducted physically, electronically or by hybrid means, where permitted by Applicable Law and directed by the arbitral tribunal.

18.9 Language

The language of the arbitration shall be English, unless otherwise agreed by the Parties or directed by the arbitral tribunal.

18.10 Interim Relief

Nothing contained in these Terms prevents either Party from approaching a court of competent jurisdiction for interim, conservatory or injunctive relief before, during or after arbitration.

PART DJurisdiction

18.11 Exclusive Jurisdiction

Subject to the arbitration provisions contained in this Chapter, the courts at Shimla, Himachal Pradesh, India, shall have exclusive jurisdiction over:

• (a) applications relating to arbitration;
• (b) enforcement of arbitral awards;
• (c) interim measures;
• (d) matters that are not legally capable of being referred to arbitration; and
• (e) any proceedings for which exclusive court jurisdiction is required under Applicable Law.

PART EElectronic Communications

18.12 Electronic Communications

The User consents to receive communications from the Company electronically, including through:

• (a) email;
• (b) in-app notifications;
• (c) push notifications;
• (d) SMS, where applicable;
• (e) the Platform;
• (f) other electronic communication channels designated by the Company.

Electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by Applicable Law.

18.13 Electronic Records

The Parties acknowledge that electronic records, logs, confirmations, audit trails and digital communications generated by the Platform may be maintained in electronic form.

To the extent permitted by Applicable Law, such records may be relied upon as evidence in legal or administrative proceedings.

18.14 Electronic Acceptance

The User acknowledges that clicking “Accept”, “Agree”, “Continue”, “Sign Up”, “Subscribe”, or any similar electronic confirmation constitutes valid acceptance of these Terms and creates a legally binding electronic contract.

PART FNotices

18.15 Notices to Users

The Company may provide notices by:

• (a) email;
• (b) in-app notification;
• (c) push notification;
• (d) publication on the Platform;
• (e) other reasonable electronic means.

A notice shall be deemed received when it is sent or made available through the relevant communication channel, unless Applicable Law provides otherwise.

18.16 Notices to the Company

Users may submit legal notices to the Company using the contact details published on the Platform or in these Terms.

The Company may update such contact details from time to time.

PART GLimitation Period

18.17 Time for Claims

To the extent permitted by Applicable Law, any claim arising out of or relating to these Terms shall be brought within the limitation period prescribed by Applicable Law.

Nothing in this Clause shortens any statutory limitation period where such reduction is prohibited by law.

PART HRegulatory Cooperation

18.18 Regulatory Compliance

The Company may cooperate with courts, regulatory authorities, law enforcement agencies and governmental authorities where required by Applicable Law or a lawful request.

Such cooperation shall be undertaken in accordance with the Privacy Policy and Applicable Law.

PART ICross-Border Use

18.19 International Users

Users accessing the Services from outside India are responsible for ensuring that their use of the Platform complies with the laws applicable in their respective jurisdictions.

The Company makes no representation that the Services are appropriate or available in every jurisdiction.

PART JReservation of Rights

18.20 Amendment of Procedures

The Company may revise its internal complaint handling procedures, customer support processes and dispute management mechanisms from time to time, provided that such revisions do not materially prejudice the User’s legal rights under these Terms or Applicable Law.

Schedule 18-A

Dispute Resolution Framework

CHAPTER 19MISCELLANEOUS PROVISIONS

19.1 Purpose

This Chapter contains the general contractual provisions governing the interpretation, operation and administration of these Terms.

Unless otherwise expressly provided, these provisions apply to all rights and obligations arising under these Terms and shall survive to the extent necessary to give effect to their purpose.

PART AEntire Agreement

19.2 Entire Agreement

These Terms, together with the Privacy Policy and any other policies, guidelines or documents expressly incorporated by reference, constitute the entire agreement between the User and the Company concerning the Services.

They supersede all prior or contemporaneous understandings, communications, representations and agreements, whether oral or written, relating to the same subject matter.

Nothing in this Clause limits liability for fraudulent misrepresentation or any liability that cannot be excluded under Applicable Law.

19.3 Order of Precedence

In the event of any inconsistency between documents incorporated into these Terms, the following order of precedence shall apply unless expressly stated otherwise:

• (a) Applicable Law;
• (b) these Terms;
• (c) the Privacy Policy, solely with respect to the processing of Personal Data;
• (d) any supplementary service-specific terms;
• (e) Platform guidelines and policies.

PART BAmendments

19.4 Amendment of Terms

The Company may amend these Terms from time to time where reasonably necessary due to:

• (a) changes in Applicable Law;
• (b) technological developments;
• (c) introduction of new Services;
• (d) cybersecurity requirements;
• (e) operational improvements;
• (f) business restructuring.

Material amendments shall be communicated through appropriate electronic means before they become effective, unless immediate implementation is required by law or for security reasons.

19.5 Continued Use

Where amendments become effective in accordance with these Terms, continued use of the Services after the effective date constitutes acceptance of the revised Terms.

If the User does not agree to the revised Terms, the User must discontinue use of the Services and may close the Account in accordance with Chapter 17.

PART CAssignment

19.6 Assignment by the Company

The Company may assign, transfer, novate or otherwise deal with its rights and obligations under these Terms in connection with:

• (a) a merger;
• (b) an acquisition;
• (c) a corporate restructuring;
• (d) a sale of business;
• (e) a transfer of assets; or
• (f) any other lawful corporate transaction.

Such assignment shall not materially diminish the User’s rights under these Terms or Applicable Law.

19.7 Assignment by the User

The User shall not assign, transfer, sublicense or otherwise dispose of any rights or obligations under these Terms without the prior written consent of the Company.

Any purported assignment in contravention of this Clause shall be void to the extent permitted by Applicable Law.

PART DWaiver

19.8 No Waiver

No failure or delay by the Company in exercising any right, remedy or power under these Terms shall constitute a waiver of that right.

A waiver shall be effective only if made expressly in writing by an authorised representative of the Company.

A waiver relating to one breach shall not constitute a waiver of any subsequent or continuing breach.

PART ESeverability

19.9 Severability

If any provision of these Terms is determined by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall, to the minimum extent necessary:

• (a) be modified so as to achieve its intended commercial purpose; or
• (b) if modification is not possible, be severed from these Terms.

The remaining provisions shall continue in full force and effect.

PART FForce Majeure

19.10 Force Majeure

The Company shall not be liable for any delay or failure in performing its obligations under these Terms where such delay or failure results from events beyond its reasonable control, including:

• (a) natural disasters;
• (b) floods;
• (c) earthquakes;
• (d) epidemics;
• (e) pandemics;
• (f) war;
• (g) terrorism;
• (h) civil unrest;
• (i) governmental actions;
• (j) labour disputes;
• (k) internet outages;
• (l) cyber-attacks;
• (m) cloud infrastructure failures;
• (n) power failures;
• (o) aviation system failures; or
• (p) other events of a similar nature.

The Company shall use commercially reasonable efforts to resume performance as soon as reasonably practicable.

PART GRelationship of Parties

19.11 Independent Relationship

Nothing contained in these Terms shall be construed as creating between the Company and the User:

• (a) a partnership;
• (b) a joint venture;
• (c) an agency relationship;
• (d) a fiduciary relationship;
• (e) an employment relationship; or
• (f) any other relationship except that of independent contracting parties.

PART HNo Third-Party Rights

19.12 Third-Party Beneficiaries

Except where expressly provided by Applicable Law or these Terms, no person who is not a party to these Terms shall have any right to enforce any provision of these Terms.

This Clause shall not affect the rights of the Company’s affiliates, licensors or service providers where a provision expressly confers a benefit upon them.

PART IInterpretation

19.13 Interpretation

Unless the context otherwise requires:

• (a) headings are inserted for convenience only and do not affect interpretation;
• (b) words importing the singular include the plural and vice versa;
• (c) words importing any gender include every gender;
• (d) references to statutes include amendments, re-enactments and subordinate legislation;
• (e) the words “including”, “includes” and “include” shall be construed as meaning “including without limitation”;
• (f) references to writing include electronic communications unless otherwise prohibited by Applicable Law.

PART JLanguage

19.14 Language

These Terms are executed in the English language.

Where the Company provides translations for convenience, the English version shall prevail to the extent permitted by Applicable Law in the event of any inconsistency.

PART KContact Information

19.15 Company Contact Details

Users may contact the Company regarding these Terms using the contact details published on the Platform or on the Company’s official website.

The Company may update its contact information from time to time without requiring amendment of these Terms.

PART LSurvival

19.16 Survival

Any provision which by its nature is intended to survive the termination, suspension or expiration of these Terms shall continue in force, including but not limited to provisions relating to:

• (a) intellectual property;
• (b) confidentiality;
• (c) limitation of liability;
• (d) indemnification;
• (e) dispute resolution;
• (f) governing law;
• (g) payment obligations accrued prior to termination;
• (h) privacy and data retention obligations.

PART MReservation of Rights

19.17 Reservation of Rights

Except where expressly stated otherwise, the failure of the Company to exercise any right under these Terms shall not prejudice its ability to exercise that right at a later time.

All rights and remedies available under these Terms are cumulative and in addition to those available under Applicable Law.

Schedule 19-A

General Contractual Principles