Terms of Service

1. About these terms

These Terms of Service ("Terms") govern access to and use of GHSLink: the websites at ghslink.com and its subdomains, the GHSLink Aviation, Exec, Ramp, Go, Learning and Ops tools applications, and any related services (together, the "Services"). The Services are provided by [COMPANY LEGAL NAME], a company registered in [COUNTRY OF REGISTRATION] under number [COMPANY NUMBER], whose registered office is at [REGISTERED ADDRESS] ("GHSLink", "we", "us").

The Services are provided to businesses. The organisation that creates a workspace or signs an order form with us is the "Customer". The individuals the Customer allows to use its workspace are "Users". If you accept these Terms on behalf of an organisation, you confirm you have authority to bind it, and "you" means that organisation and you personally as a User.

If the Customer has signed an order form or other written agreement with us, that agreement and these Terms apply together; where they conflict, the signed agreement wins. The Data Processing Agreement, Acceptable Use Policy and Operational Safety Notice form part of these Terms.

The Services are not offered to consumers or to anyone under 18.

2. Accounts and workspaces

• Each User needs their own GHSLink account. Accounts are personal: do not share sign-in details.
• Keep your password secure and tell us straight away at security@ghslink.com if you think your account has been used without permission.
• The Customer decides who has access to its workspace and what they can do, through the roles GHSLink provides. The Customer is responsible for its Users, for removing access when someone leaves, and for everything done in its workspace.
• Information you give us when signing up must be accurate and kept up to date.

3. The Services

We will provide the Services with reasonable skill and care. We keep improving GHSLink, so features change over time. We will not materially reduce the core functionality of a paid plan during its term without notice.

Some features may be marked beta, preview or early access. They are provided as they are, may change or be withdrawn, and are excluded from any service level commitment.

Some features connect GHSLink to services run by others, for example a mailbox the Customer connects so messages appear in its inbox. The Customer authorises us to access those services on its behalf to provide the feature. Their use is governed by the third party's own terms, and we are not responsible for them.

4. Operational and safety responsibilities

GHSLink helps people plan and coordinate aviation and ground transport work. It does not replace an operator's, handler's or transport company's own regulatory obligations, approved procedures, systems or trained staff.

• The Customer remains solely responsible for the safety and legality of its operations, including compliance with its air operator certificate, operations manual, ground handling procedures, aviation security programme and any approvals it holds.
• Calculators and tools in GHSLink (including fuel, unit, flight time and any weight and balance or load planning tools) produce estimates for planning only. Their results must not be used for dispatch, load control, fuelling or any safety-of-flight decision unless the relevant tool is expressly documented as approved for that use, and must always be checked against the Customer's approved data and procedures.
• Aeronautical, airport, weather and route information shown in GHSLink may come from third parties, can be incomplete or out of date, and is not a substitute for official sources such as NOTAMs, AIPs and approved flight planning services.
• Confirmations, statuses and messages exchanged through GHSLink (for example an FBO confirming a service) are records of what the parties told each other. They do not transfer either party's operational responsibility to GHSLink.

The Operational Safety Notice explains this in more detail and forms part of these Terms.

5. Customer Data

"Customer Data" means information the Customer or its Users put into the Services or connect to them, including information about the Customer's own customers, passengers, crew, drivers and staff. The Customer owns its Customer Data.

The Customer grants us the rights we need to host, copy, process and display Customer Data to provide, secure and support the Services. We process personal data in Customer Data as the Customer's processor under the Data Processing Agreement.

The Customer is responsible for Customer Data: that it is accurate, that it has a lawful basis and has given any notices needed to put personal data into GHSLink (for example to passengers or crew), and that it does not upload more personal data than its purpose needs. Do not put special category data (such as health information) or government identity document numbers into GHSLink unless a feature is expressly designed for it.

We may use aggregated and de-identified information about how the Services are used to run and improve them, provided it does not identify the Customer or any individual.

6. Acceptable use

Users must follow the Acceptable Use Policy. We may suspend access that breaches it, puts the Services or other customers at risk, or is required by law, and we will tell the Customer and restore access once the issue is resolved where we reasonably can.

7. Fees and payment

• Fees, billing periods and payment terms are set out in the Customer's order form, plan or quote. Features described as free are free until we give at least 30 days' notice of a change.
• Fees are exclusive of VAT and other taxes, which the Customer pays where applicable.
• Unless the order form says otherwise, invoices are due within 30 days. We may charge statutory interest on late payments and, after giving at least 14 days' written notice, suspend paid features while an undisputed invoice remains unpaid.
• Fees are non-refundable except where these Terms or the law say otherwise.

8. Confidentiality

Each party will keep the other's confidential information confidential, use it only for the purposes of this agreement, and share it only with its staff, advisers and subcontractors who need it and are bound by similar duties. This does not apply to information that is public, already known, independently developed or lawfully received from someone else, or that must be disclosed by law (with notice to the other party where lawful).

9. Intellectual property

We own GHSLink, its software, design and content (other than Customer Data). We grant the Customer a non-exclusive, non-transferable right for its Users to use the Services during the subscription for its internal business purposes. Do not copy, resell, reverse engineer or build a competing product from the Services, except where the law allows it and cannot be excluded.

If you send us feedback or suggestions, we may use them without obligation to you.

10. Availability, support and backups

We aim to keep GHSLink available at all times but do not guarantee uninterrupted service unless a service level is agreed in an order form. We may carry out maintenance, and will try to schedule planned work outside busy operating hours and give notice of significant downtime.

We back up the Services' databases, but GHSLink is not a records archive. The Customer is responsible for keeping any records it must keep by law (for example flight, security, tax or employment records) in a form it controls, and can export its data at any time.

11. Security

We maintain appropriate technical and organisational measures to protect the Services and Customer Data, described in the Data Processing Agreement. We will notify the Customer without undue delay after becoming aware of a personal data breach affecting its Customer Data. Report vulnerabilities to security@ghslink.com.

12. Warranties and disclaimers

Each party confirms it has the authority to enter into these Terms. Except as expressly stated in these Terms, the Services are provided "as is" and "as available", and we exclude all other warranties, conditions and terms, whether express or implied by statute, common law or otherwise, including fitness for a particular purpose, to the fullest extent the law allows.

13. Limitation of liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

Subject to that, neither party is liable for any loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss, however arising.

Subject to the above, each party's total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees paid and payable by the Customer for the Services in the 12 months before the event giving rise to the claim, or €1,000 if greater. This cap does not apply to the Customer's obligation to pay fees.

We are not liable for any loss arising from the Customer's operational decisions, including any decision to rely on an estimate, calculation, status or message in GHSLink contrary to section 4.

14. Indemnities

The Customer will defend and indemnify us against third-party claims arising from Customer Data (including a claim that the Customer lacked a lawful basis to put personal data into GHSLink) or from its Users' breach of the Acceptable Use Policy. We will defend and indemnify the Customer against third-party claims that the Services, used as permitted, infringe that third party's intellectual property rights.

15. Term, suspension and termination

• These Terms apply for as long as the Customer or its Users use the Services. Paid subscriptions run for the period in the order form and renew unless either party gives notice as it sets out.
• The Customer may stop using the Services and close its workspace at any time. Fees already due remain payable.
• Either party may terminate by written notice if the other materially breaches these Terms and does not fix the breach within 30 days of being told about it, or becomes insolvent.
• On termination, access ends. For 30 days afterwards the Customer can ask us for an export of its Customer Data. After that we delete Customer Data within a further 60 days, except where we must keep it by law (for example our own invoices and tax records) and backups, which expire on their normal cycle.
• Sections that by their nature should survive termination (including 5, 8, 9, 12, 13, 14 and 17) survive it.

16. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in the Services and ask Users to accept the new version. If the Customer does not agree, it may stop using the Services before the change takes effect and, for a paid plan, receive a pro-rata refund of prepaid fees for the remaining period.

17. General

• Neither party is liable for delay or failure caused by events beyond its reasonable control.
• We may use subcontractors (see the Sub-processors list) and remain responsible for them. Neither party may assign these Terms without the other's consent, except to a successor of its business.
• These Terms are the entire agreement on their subject. If any part is unenforceable, the rest still applies. Not enforcing a right is not a waiver of it. No third party has rights under these Terms.
• Notices to us go to legal@ghslink.com. Notices to the Customer go to the email address of its workspace administrator.
• These Terms, and any dispute or claim arising out of or in connection with them, are governed by [GOVERNING LAW, e.g. the laws of Ireland], and [COURTS, e.g. the courts of Ireland] have exclusive jurisdiction. This does not prevent either party seeking urgent injunctive relief in any court.