Listed below are the various official documents or licenses TFDi Design operates under or with.
General TFDi Design's "smartCARS Virtual Airline Flight Tracking Software" (hereby referred to as the smartCARS client) consists of an application and its associated files and properties built for the purposes of tracking and reporting flights conducted within Microsoft Flight Simulator or Lockheed Martin Prepar3D to your virtual airline organization.
Property Rights The smartCARS client and its files are intellectual property of TFDi Design and are provided "as is," and are not to be modified, copied, or redistributed to users outside of your virtual airline. The smartCARS client is provided free of charge to pilots belonging to your virtual airline. Charging for the use of the smartCARS client on a per-pilot basis is prohibited.
Liability The smartCARS client is tested in a realistic environment to ensure its reliability and safety. Although no faults capable of the following are expected, TFDi Design is not responsible for, but not limited to, damage to operating system integrity, software or application integrity, P.C. peripherals, or P.C. components, caused either directly by the smartCARS client or by use in conjunction with another application or service. You agree to assume the same risk as with any other software application.
Forbidden Operations TFDi Design reserves the right to terminate your smartCARS license in the event that your smartCARS Client becomes a venue for performing unfavorable activities. These activities include, but are not limited to blatantly distributing stolen or illegal content and blatant copyright infringement. If approached by a third party with legally admissible evidence that your smartCARS Client is being used as a method of infringing upon their copyright, TFDi Design reserves the right to suspend or terminate your license at our discretion.
Product Ownership and Advertisement TFDi Design offers smartCARS as a commercial product. When a license is purchased, the virtual airline purchases the rights to use smartCARS, not the rights to smartCARS. A virtual airline may not advertise smartCARS as proprietary software or, in any way, attempt to obfuscate the origin of the software.
Content Rights Logos and/or icons provided by the virtual airline or found by TFDi Design staff on the virtual airline's website(s) for the purpose of fulfilling a smartCARS order lie within the legal jurisdiction of the virtual airline. TFDi Design is not responsible for any legal claims made as a result of this content. TFDi Design assumes that the aforementioned content is used with permission from its original creator or copyright owner.
Support Support for smartCARS is available via the support ticket system available at https://tfdidesign.com/ticket.
Financed Licenses
A financed license is a payment plan for a full smartCARS license. You are free to cancel payments at any time, however, doing so before all 12 payments have been completed will result in forfeiture of your license and previously completed payments towards the outstanding smartCARS finance plan balance.
Acceptance
By clicking the checkbox on the order page and purchasing the smartCARS client, you accept the above terms and conditions.
Preamble
The following terms and conditions are between you and TFDi Design for the use of any TFDi Design Infrastructure Services (which include, but are not limited to Voice-over-IP (VOIP) services and web hosting services). TFDi reserves the right to terminate any service for someone who fails to comply with these terms and conditions. This policy is subject to change without notice.
Acceptable Content
A user may not upload, distribute, or allow to be uploaded or distributed to/via their TFDi Design Instracture Services any of the following content:
Resource Utilization
Resources advertised as unlimited are considered as such and are unmonitored. If the utilization of such resources reaches a point at which it negatively affects the operations of any TFDi Design Infrastructure Services for other users, limitations may be imposed to ensure fair utilization of these resources for all users. Some resource statistics are monitored and limited (but not necessarily published); in the event of an over-extension of available resources, traffic may be throttled or voided to ensure fair access for all clients.
Responsibility and Liability
TFDi Design guarantees a 99.9% uptime based on a 30-day month. If a resource covered by this policy is unavailable to all end-users for more than 43 minutes due to an unplanned or unscheduled event that is the fault of TFDi Design, TFDi Design may offer compensation to affected customers at its discretion. Unplanned or unscheduled events caused by a user, which include, but are not limited to Denial of Service (DOS) or Distributed Denial of Service (DDoS) attacks do not quality as the fault of TFDi Design. In the event of such an issue, TFDi Design will attempt to identify and eliminate or correct the source of the problem.
Refunds and Cancellations
Due to the nature of the cost of infrastructure-based services, no refunds are offered. Cancellation requests filed up to the invoice due date of that service will be honored and the invoice will be cancelled. Cancellation requests will only be honored if no unpaid invoices exist.
Legal Disputes
Any legal claims made toward TFDi Design will result in an immediate suspension of all of your infrastructure-based services. Every incident will be reported to our legal team who will follow up as necessary. If you have made no effort to resolve the issue in a manner favorable to both parties within 30 days, your services will be irreversibly terminated without refund. Regardless of the resolution, ANY chargebacks or payments claims made outside of communication with TFDi Design will incur an immediate $5.00 fee in addition to the time of our legal staff, valued at $20.00 per hour. This is billed by the hour, starting at a minimum of one hour.
Acceptance
By ordering any infrastructure-based services, you agree to these terms.
Explanation
The following entities are the TFDi Design approved vendors. These entities are granted the rights to list, handle, and complete transactions for TFDi Design products and/or services. This list does not include TFDi Design-managed merchant systems. Support for these products ordered through approved vendors should be conducted via TFDi Design directly.
