Listed below are the various official documents or licenses TFDi Design operates under or with.
End-User License Agreement (EULA) of TFDi Corp Software
This End-User License Agreement ("EULA") is a legal agreement between you and TFDi Corp.
This EULA governs your acquisition and use of any TFDi Corp Software ("Software") directly from TFDi Corp or indirectly through a TFDi Corp authorized reseller or distributor (a "Reseller"). A list of authorized resellers and distributors can be found on the tfdidesign.com Legal Page under the Approved Vendors List (AVL).
Please read this EULA carefully before completing the installation process and using the TFDi Corp Software. It provides a license to use the TFDi Corp Software and contains warranty information and liability disclaimers.
If you register for a free trial of the TFDi Corp Software, this EULA will also govern that trial. By clicking "accept" or installing and/or using the TFDi Corp Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA.
If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do not install or use the Software, and you must not accept this EULA.
This EULA shall apply only to the Software supplied by TFDi Corp herewith regardless of whether other software is referred to or described herein. The terms also apply to any TFDi Corp updates, supplements, Internet-based services, additional downloads, and support services for the Software, unless other terms accompany those items on delivery.
By accepting this EULA, you acknowledge that there may be additional agreements or policies that apply to areas such as refunds, support guarantees, or privacy that may not be explicitly mentioned within this agreement. These policies and/or agreements can be found on the tfdidesign.com Legal Page. You accept that it is your responsibility to locate, understand, and accept those agreements and/or policies prior to accepting this EULA.
TFDi Corp hereby grants you a personal, non-transferable, non-exclusive license to use the TFDi Corp Software on your devices in accordance with the terms of this EULA.
You are permitted to install, load, and/or use the TFDi Corp Software on a device under your control (for example a PC, laptop, mobile phone or tablet). You are responsible for ensuring your device meets the minimum requirements of the TFDi Corp Software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial or private purposes
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that TFDi Corp considers is a breach of this EULA
Intellectual Property and Ownership
TFDi Corp shall, at all times, retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of TFDi Corp.
TFDi Corp reserves the right to grant licenses to use the Software to third parties.
This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to TFDi Corp.
It will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA.
This EULA, and any dispute arising out of, or in connection with, this EULA, shall be governed by and construed in accordance with the laws of the United States of America.
Terms and Conditions of TFDi Corp Websites (TAC)
The following terms and conditions (collectively, these "Terms and Conditions") apply to your use of any and all TFDi Corp owned or operated websites, including any content, functionality and services offered on or via them (the "Website").
Please read the Terms and Conditions carefully before you start using the Website, because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.
We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
Conduct on Website
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website.
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
- Impersonates any person or entity, including any of our employees or representatives
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of TFDi Corp.
You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website.
Third Party Websites
This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of the Website is at your sole risk. The Website is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limits to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
Term and Termination
This Terms and Conditions will become effective in relation to you when you create an account on the Website or when you start using the Website and will remain effective until terminated by you or by us.
TFDi Corp reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Website whether in contravention of this Terms and Conditions or otherwise. If TFDi Corp terminates this Terms and Conditions, or suspends your account for any of the reasons set out in this section, TFDi Corp shall have no liability or responsibility to you.
TFDi Corp may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United States of America without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted in a judicial chamber before a judge legally licensed to conduct judicial review within the confinements of the state of Florida, in the United States of America.
We collect information you provide directly to us. For example, we collect information when you create an account, subscribe, participate in any interactive features of our services, fill out a form, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, credit card information and other contact or identifying information you choose to provide.
We collect anonymous data from every visitor of the Website to monitor traffic and improve our software and/or infrastructure. For example, we may collect information like web requests, the data sent in response to such requests, the Internet Protocol address, the browser type, the browser language, and a timestamp for the request.
We also use various technologies to collect information, and this may include sending cookies to your computer. Cookies are small data files stored on your hard drive or in your device memory that helps us to improve our services and your experience, see which areas and features of our services are popular and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in our services or emails and to track count visits or understand usage and campaign effectiveness.
Use of the Data
We only use your personal information to provide you services and products or to communicate with you about the Website or provided services and products.
We employ industry standard techniques to protect against unauthorized access of data about you that we store, including personal information.
We do not share personal information you have provided to us without your consent, unless:
- Doing so is appropriate to carry out your own request
- We believe it's needed to enforce our legal agreements or is legally required by a Court of Law
- We believe it's needed to detect, prevent or address fraud, security or technical issues otherwise to protect our property, legal rights, or that of others
Sharing of Data
We don't share your personal information with third parties. Aggregated, anonymized data is periodically transmitted to external services to help us improve the Website and service.
We also use social buttons provided by services like Twitter, Google, LinkedIn and Facebook. Your use of these third party services is entirely optional. We are not responsible for the privacy policies and/or practices of these third party services, and you are responsible for reading and understanding those third party services' privacy policies.
Opt-Out, Communication Preferences
You may modify your communication preferences and/or opt-out from specific communications at any time. Please specify and adjust your preferences.
We take reasonable steps to protect personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. But, you should keep in mind that no Internet transmission is ever completely secure or error-free. Email sent to or from the Website may not be secure.
Minimum Age Policy
The Website and Software are not intended for children under the age of 13. We do not knowingly collect personally identifiable information from visitors in this age group.
If we make major changes in the way we collect or use information, we will notify you by posting an announcement on the Website or sending you an email.
Refund and Support Policy (RASP)
This policy applies to tfdidesign.com, including any content, functionality and services offered on or via tfdidesign.com (the "Website") and any TFDi Corp Software ("Software") directly from TFDi Corp or indirectly through a TFDi Corp authorized reseller or distributor.
Due to the nature of electronic commerce, in that in most cases it is impossible to ensure complete return of the product, all sales are final. If a transaction reversal (also known as a chargeback) is issued via any payment method, TFDi Corp reserves the right to suspend any relevant accounts and associated usage of the Software and/or the Website until the conflict is resolved. The extent of the enforcement of the refund and transaction reversal policies is at the sole discretion of TFDi Corp.
TFDi Corp will make reasonable attempts to resolve any issues with the Software or the Website that prevent the use of the Software or the Website as advertised within a timely manner. Support is available through TFDi Corp directly via methods officially provided, including but not limited to the support email, email@example.com, or our support ticket system at https://tfdidesign.com/ticket.
Virtual Airline Operations License for smartCARS (VAOL)
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.
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.
By clicking the checkbox on the order page and purchasing the smartCARS client, you accept the above terms and conditions.
Acceptable Use Policy for Web Hosting (AUP)
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.
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:
- Any form of illegal content, which includes, but is not limited to pirated copies of software, movies, or music.
- Any form of pornography, whether legal or not.
- Intentional hate speech.
- Any form of spam or unsolicited/unwanted content via, but not limited to, email or Internet Relay Chat (IRC) bots/systems.
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.
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.
By ordering any infrastructure-based services, you agree to these terms.
Approved Vendors List (AVL)
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.
Sweepstakes Official Rules and Guidelines (SORAG)
All “Sweepstakes” are on a “No Purchase Necessary” term WHEREAS the user shall not submit any value of currency towards “TFDi Corp” to claim or be considered to win the NON-VALUE product “TFDi Corp” releases. Purchase does not enhance chance of winning.
This Campaign is open only to those who sign up at via the approved methods or submit the required form and who are either over the age of 18 or are accompanied by an adult where the adult is required to submit the required information to be considered in the “Sweepstakes” at the time and date of Sweepstake. The Campaign is available to countries WHEREAS the user is in full compliance with local law and is void where prohibited by local law and FTC compliance. Employees of TFDi Corp, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employer are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
Agreement to Rules
By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of TFDi Corp as final and binding as it relates to the content of this Campaign.
How to Enter
Each user must fulfill all Campaign requirements, as specified, to be eligible to win the “Sweepstakes”. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of TFDi Corp. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of TFDi Corp. Each prize that is rewarded at the end of each “Sweepstake” or “Campaign” holds no “Monetary Value”, or “Virtual Currency” and is not to be traded, redistributed, or sold for monetary gain. Each prize is subject to terms and conditions that TFDi Corp holds in place on their distribution terms and conditions for TFDi Corp assets and entities.
The Winner(s) of the Campaign or “Sweepstakes” will receive said giveaway promptly from the time the drawing was made as applicable per the nature of the prize. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted.
The odds of winning depend on the number of eligible entries received.
Winner Selection and Notification
Winner will be selected by a random drawing under the supervision of TFDi Corp. Winner will be notified by Email contact, appropriate location where Winner and TFDi Corp are both able to communicate easily, or with provided means of contact within five business days (Monday-Friday) following selection of Winner. TFDi Corp shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 24 Hours from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT TFDi CORP‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Terms & Conditions
TFDi Corp reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond TFDi Corp’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, TFDi Corp may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by TFDi Corp. TFDi Corp reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. TFDi Corp has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, TFDi Corp reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability
By entering, You agree to release and hold harmless to TFDi Corp and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
ANY Campaign HELD UNDER THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND LOCAL STATE LAWS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in FLORIDA, USA having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
Any information collected from or about the user for or via the Campaign will be used solely for the purpose(s) stated, whether explicitly or implied, in the Campaign, including, but not limited to, determination of the winner and Campaign related correspondence. This information will not be released unless required by law.
The Campaign hosted by TFDi Corp is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitch, Twitter, Google Plus, Instagram, Youtube, LinkedIn, or any other social media entity that is not solely owned and operated by TFDi Corp.
Campaign refers to the term “Sweepstakes” WHEREAS “Sweepstakes” is not to be considered or viewed as a “Lottery”, or any form of “Gambling” WHEREAS users gain some form of monetary value or virtual currency. “Sweepstakes” is to be commonly referred to as a “Prize Giveaway” for legal litigation. NO PURCHASE IS NESSESARY.
When a contestant submits the request to participate in any “Sweepstakes” hosted by TFDi Corp in any means or fashion, the Contestant agrees to all the terms and conditions listed above. All “Giveaways”, “Sweepstakes”, or “Promotional Giveaway’s” or subject to this form of “Official Rules and Guidelines” and contestant agrees to forfeit their prize where required by law. TFDi Corp is in full compliance with LOCAL, STATE, FEDERAL, and INTERNATIONAL LAW and will comply with the FULLEST if any terms in this “Official Rules and Guidelines” are unfit.