Terms of Service

1. Commercial Use Restriction

The Service is exclusively for personal, non-commercial use. Any form of commercial use, including but not limited to resale, distribution, flight schools, education, and commercial exploitation, is strictly prohibited without prior written consent from SayAgain Solutions, LLC ("Company"). Entities interested in utilizing the Service for commercial purposes must directly contact the Company to discuss licensing possibilities. Unauthorized commercial use of the Service may lead to immediate account termination and legal action for breach of these Terms.

2. Prohibited Use by Competing Entities and Affiliates

The Service is not available to any company, entity, or individual who is employed by, represents, contracts for, volunteers for, or otherwise provides assistance to any business, organization, or community engaged in the provision of air traffic control (ATC) services for flight simulation. This includes, but is not limited to, employees, contractors, representatives, consultants, advisors, moderators, and volunteers, regardless of compensation. Any such entity or individual is expressly prohibited from registering for, accessing, or using the Service in any capacity. The Company reserves the right to suspend or terminate any account found to be in violation of this provision and may pursue legal remedies, including but not limited to, claims for damages arising from unauthorized use.

3. Prohibition of Account Sharing

Each user account is for individual use only. Sharing of account credentials, including username and password, with others is expressly forbidden. This restriction aims to ensure the security and integrity of the Service and user information. Any breach of this clause, such as unauthorized sharing or transferring of accounts, may result in immediate termination of your account and further legal action.

4. Refund Policy

No refunds will be provided for any subscriptions or purchases made for the Service. Users acknowledge and agree that all transactions are final and non-refundable under any circumstances.

5. Membership Cancellation

Users may cancel their membership at any time, which will disable the automatic renewal feature. Access to the Service will continue until the end of the current billing cycle. Following this period, the account will be deactivated.

6. Service Monitoring and Data Collection

The Company reserves the right to monitor and record activity on the SayIntentions network, voice servers, or website, including but not limited to flight positions, voice recordings, and aircraft metadata. This data may be used for enhancing the product, operations, quality assurance, and promotional activities.

7. User Age Requirement

The Service is available only to individuals who are 18 years or older. By using the Service, users confirm that they meet this age requirement.

8. User Conduct and Account Termination

Users must not engage in abusive behavior, use profanity or vulgarity while using the Service. Violation of this policy will result in an automatic ban and termination of the user's account without a refund. The Company reserves the right to terminate accounts at any time for breach of these Terms.

9. Cooperation with Authorities

If necessary, the Company will cooperate with government authorities in accordance with legal requirements and regulations.

10. Changes to Usage Policies and Pricing

The Company reserves the right to change its usage policies and pricing at any time and for any reason, without prior notice.

11. Use of Service

You agree to use the Service solely for its intended purpose. Any use of the Service outside of its intended scope, including but not limited to any attempt to reverse engineer, decompile, or disassemble the Service, will result in immediate termination of your account.

12. User Account

You must register and provide accurate and complete information to access the Service. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

13. Specific Prohibition Against AI Misuse

In alignment with the focused and dedicated purpose of this Service, users are explicitly prohibited from attempting to utilize or manipulate the AI component of the Service for any activities or purposes other than acting as an air traffic controller within the confines of flight simulators. This includes, but is not limited to, any attempts to repurpose, reprogram, or redirect the AI functionalities towards tasks, simulations, or activities that are outside the intended scope of air traffic control simulation. Users are further prohibited from interactions with the AI that simulate illegal activities, such as hijackings, bombings, terrorist activities, or any other action outside the scope of "normal operations". Engaging in such activities will result in immediate account termination and may lead to legal action.

14. Prohibited Use

You are strictly prohibited from using the Service to develop a competing product or service. Active competitors in the field of ATC software for flight simulators are not permitted to register or use the Service. Unauthorized use of the Service for competitive purposes may result in legal action against you for infringement of the Company's intellectual property rights, among other legal remedies.

15. No Real-World Application

The service is for entertainment purposes only and is not designed or intended for real-world flight training. It is not endorsed by any aviation authority, including the Federal Aviation Administration. The Company makes no representation or warranty about the accuracy, reliability, or suitability of the Service for real-world aviation purposes.

16. Termination of Service

The Company reserves the right, in its sole discretion, to terminate your account and access to the Service at any time, without notice, for any reason, including but not limited to breach of these Terms.

17. Data Usage and Privacy

The Company respects your privacy and will not share your personal data with third parties, except as necessary to provide the Service. We reserve the right to use anonymized data derived from your use of the Service to improve the product and for other lawful business purposes. However, at any time, you may request that your data be deleted, at which point all of your voice recordings, flight history, and other information will be removed from our servers, UNLESS your account is found guilty of a "terms of service" violation, per this agreement. (In which case, we reserve the right to retain your data for legal purposes.)

18. Intellectual Property Rights

All intellectual property rights in and to the Service are owned by or licensed to the Company. Your use of the Service does not grant you any rights to the intellectual property of the Company or any third party.

19. Copyright and Broadcast Restrictions

All content, including but not limited to voice communications, images, text, and any other material provided through the Service, is the exclusive property of SayAgain Solutions, LLC. Unauthorized rebroadcasting, streaming, recording, or any form of redistribution of this content is strictly prohibited without express written consent from the Company. Violation of this provision may result in immediate account termination and legal action for infringement of the Company's intellectual property rights.

20. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties, express or implied. The Company disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

21. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Company be liable for any indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

22. Service Availability

The Company does not guarantee that the Service will be available at all times or will be uninterrupted. You acknowledge that the Company reserves the right to modify, suspend, or discontinue the Service at any time, without notice, and the Company will not be liable for any such modification, suspension, or discontinuation.

23. Changes to Terms and Service

The Company reserves the right to modify these Terms and the Service at any time. Your continued use of the Service following any such modification constitutes your acceptance of the new Terms.

24. Governing Law and Jurisdiction

These Terms and your use of the Service will be governed by and construed in accordance with the laws of the jurisdiction in which the Company is registered, without giving effect to any principles of conflicts of law.

25. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

26. Customer Support

Customer support for the Service is available via email and Discord. The Company does not provide telephone support.

27. Contact Information

For any questions about these Terms, please contact the Company through the provided support channels.

28. Acceptance of Terms

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

29. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service, you agree to first contact the Company to seek a resolution. You agree to attempt to resolve any dispute amicably before taking any legal action.

30. SI StreamKit – Third-Party Platform Integrations (YouTube and Twitch)

SI StreamKit is an optional product feature that enables you to connect your accounts with third-party platforms such as YouTube and Twitch. Your use of any integration is also subject to the applicable third-party terms in addition to these Terms.

By using the YouTube integration in SI StreamKit, you acknowledge and agree that you are bound by the YouTube Terms of Service. You also agree to comply with all policies that apply to the features you use on YouTube.

If you use the Twitch integration in SI StreamKit, your use of Twitch is subject to Twitch's terms and policies, including the Twitch Terms of Service. You must comply with all applicable Twitch policies when using Twitch features through SI StreamKit.