Terms of Service

1. The agreement and who it is with

Cooman is provided by Akam Innovations ("Akam", "we", "us"). These terms form a binding agreement between Akam and the organisation that subscribes to Cooman (the "Customer"), and they also apply to every individual who uses Cooman ("User").

By subscribing to Cooman, by signing in, or by installing and using Cooman Field, you accept these terms. If you are accepting on behalf of an organisation, you confirm that you have the authority to bind it. If you do not accept these terms, do not use the service.

Where Akam and a Customer have signed a separate written agreement, a master services agreement or an order form, that document prevails over these terms to the extent of any conflict.

2. Definitions

• Service means the Cooman application, the Cooman Field mobile application, the application programming interfaces and the documentation.
• Customer Data means all data, records, files and content that the Customer or its Users put into the Service, and everything the Service derives from them.
• Environment means the Customer's isolated tenancy within the Service.
• Order means the subscription document recording modules, user numbers, term and fees.
• Administrator means a User the Customer has authorised to manage accounts, roles and configuration.

3. The service

Akam grants the Customer a non-exclusive, non-transferable right to access and use the Service during the subscription term, for the Customer's own aviation operations and for maintenance work it performs for its own customers, in accordance with these terms and the Order.

The Service is provided as a hosted subscription. Where an Order provides for deployment inside the Customer's own environment, the deployment terms in that Order apply in addition to these terms.

Modules subscribed to are recorded in the Order. Access to a module not on the Order is not granted by these terms.

4. Accounts, access and electronic signature

1. Each User must have their own named account. Accounts must not be shared, and credentials must not be disclosed to anyone else. A shared account destroys the evidential value of every record signed from it.
2. The Customer is responsible for the acts and omissions of its Users and Administrators as if they were its own, including the granting and removal of roles and permissions.
3. The Customer must remove access promptly when a User leaves or changes role, and must tell Akam immediately at [email protected] if it suspects unauthorised access.
4. Electronic signatures. Signing a record in Cooman with your credentials and second factor is a deliberate act with the same effect as signing that record by hand. The Customer and each User agree that such signatures are valid, admissible and attributable to the signer, and agree not to dispute a record's validity solely on the ground that it was signed electronically. Each User is responsible for every action taken under their account.
5. Where a User enables biometric confirmation, the biometric check happens on their own device and the result is used only to confirm that the account holder is present. See the Privacy Policy.

5. Acceptable use

The Customer and its Users must not:

• use the Service in breach of any applicable law or civil aviation regulation;
• enter a record that is false, backdated or knowingly incorrect, or sign a record on behalf of another person;
• attempt to circumvent, disable or work around a safety, airworthiness or authorisation control in the Service, including any gate that refuses a release;
• share credentials, or permit access by anyone who is not an authorised User;
• reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent that this restriction is prohibited by law;
• copy, resell, sublicense or make the Service available to a third party other than as expressly permitted in the Order;
• use the Service to store or transmit malware, or to attack, probe or overload the infrastructure;
• use automated means to extract data at a scale or rate that degrades the Service for others.

Akam may suspend access immediately where it reasonably believes that continued access presents a security risk, a risk to other customers, or a serious risk to flight safety. We will tell the Customer why and restore access as soon as the cause is resolved.

6. Regulatory accountability

1. The Customer remains accountable. The Customer holds its own approvals, appoints its own post holders and accountable manager, and remains solely responsible for compliance with every applicable civil aviation regulation, its own exposition or operations manual, and the conditions of its approvals.
2. The Customer configures the rules. Maintenance programmes, intervals, thresholds, currency requirements, duty limitations, minimum equipment lists and authorisation scopes are configured by the Customer from its own approved data. Akam does not approve, verify or certify that configuration, and is not responsible for a rule that the Customer configured incorrectly or failed to update after a revision to the approved data.
3. Airworthiness decisions are made by qualified people. A decision to release an aircraft to service, to defer a defect, to accept a component or to roster a crew member is made by an appropriately qualified and authorised person, not by software. Cooman presents information and blocks actions that its configured rules refuse. It does not make the decision, and the absence of a block is never a certification that an action is lawful or safe.
4. Verify before you rely. The Customer must verify data entered into the Service and satisfy itself, by its own quality system, that the records the Service produces are correct and complete.
5. Approval status. Akam does not represent that the Service is approved, accepted or endorsed by any civil aviation authority. Where a Customer requires an authority's acceptance of an electronic record keeping system, obtaining it is the Customer's responsibility. Akam will provide reasonable technical information to support such an application.

7. Customer data and privacy

1. Customer Data belongs to the Customer. Akam claims no ownership of it.
2. Akam processes Customer Data only to provide, secure, support and improve the Service, and on the Customer's documented instructions. Akam does not sell Customer Data and does not use it to train machine learning models.
3. The Customer is the controller, or the data fiduciary, of personal data in Customer Data, and Akam is its processor. The Customer warrants that it has the lawful basis and notices needed to put personal data into the Service, including the personal data of its staff, crew, engineers and its own customers.
4. Akam maintains technical and organisational security measures appropriate to the risk, described in the Privacy Policy, and keeps Customer Data logically separated between Customers.
5. Akam may use aggregated and anonymised statistics that cannot identify the Customer, any individual or any aircraft, to operate and improve the Service.
6. The Privacy Policy is incorporated into these terms.

8. Intellectual property

The Service, its software, design, documentation and the Cooman and Akam Innovations names and marks are and remain the property of Akam and its licensors. Nothing in these terms transfers any of it to the Customer, other than the right to use the Service stated in section 3.

If a User sends us feedback or a suggestion, we may use it to improve the Service without obligation or payment. Feedback should not contain anything the sender considers confidential.

9. Fees and payment

1. Fees, billing frequency, currency and the subscription term are set out in the Order.
2. Invoices are payable within the period stated in the Order, or within 30 days of the invoice date if none is stated.
3. Fees are exclusive of taxes. The Customer is responsible for applicable taxes and duties, other than tax on Akam's income.
4. Late payment may attract interest at the rate permitted by law, and Akam may suspend the Service after giving 14 days' written notice of non-payment that remains unremedied.
5. Except where these terms say otherwise, fees paid are not refundable.
6. Akam may revise fees at renewal by giving at least 60 days' written notice before the end of the current term.

10. Availability, support and changes

1. Akam will use commercially reasonable efforts to keep the Service available. Where an Order includes a service level commitment, that commitment governs.
2. Planned maintenance is notified in advance and scheduled outside the Customer's principal operating hours wherever practicable. Emergency maintenance may be carried out without notice where security or integrity requires it.
3. Support is provided by email to [email protected] during business hours, and on the terms in the Order for any extended coverage.
4. Akam continues to develop the Service and may add, change or remove features. We will not materially reduce the core functionality of a subscribed module during a paid term without giving reasonable notice.
5. The Customer is responsible for its own devices, network connectivity and operating system versions. Cooman Field is supported on the mobile operating system versions stated in the documentation.

11. Third party services and data

The Service may display or use data from third parties, including weather, NOTAM, aeronautical information, mapping and navigation reference data. That data is provided by its originators. Akam does not warrant its accuracy, completeness, currency or availability, and it must not be used as a primary source for flight planning or navigation where the regulation requires an official source. The Customer remains responsible for consulting official sources.

Where the Customer connects a third party system through an integration or the API, its use of that system is governed by its own agreement with that provider.

12. Term, termination and data return

1. The subscription runs for the term in the Order and renews for successive terms of the same length unless either party gives written notice of non-renewal at least 30 days before the end of the current term.
2. Either party may terminate for material breach if the other party fails to remedy that breach within 30 days of written notice, or immediately on the other party's insolvency.
3. Data on exit. For 90 days after termination the Customer may export its Customer Data in a machine readable format, and Akam will provide reasonable assistance. After that period Akam will delete Customer Data from active systems, with deletion from backups following the normal backup cycle. Akam will provide written confirmation of deletion on request.
4. The Customer is responsible for retaining the aviation records that its regulator requires it to keep, for the period the regulation requires, including after termination. Exporting those records before the 90 day period ends is the Customer's responsibility.
5. Sections 7, 8, 12.3, 12.4, 13, 14, 15, 16 and 17 survive termination.

13. Warranties and disclaimers

Akam warrants that it will provide the Service with reasonable skill and care, and that it has the right to grant the rights in these terms.

Beyond that warranty, and to the fullest extent permitted by law, the Service is provided as is and Akam disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error free, or that it will detect every non-compliance, defect or hazard. Nothing in this section excludes a warranty that cannot be excluded by law.

14. Limitation of liability

1. Neither party excludes or limits liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.
2. Subject to 14.1, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business, loss of goodwill, or the cost of aircraft downtime, in each case however arising.
3. Subject to 14.1, Akam's total aggregate liability arising out of or in connection with these terms, whether in contract, tort including negligence, or otherwise, is limited to the fees paid by the Customer for the Service in the 12 months immediately before the event giving rise to the claim.
4. The limitations in this section reflect the allocation of risk between the parties and the fact that responsibility for airworthiness, flight safety and regulatory compliance rests with the Customer as set out in section 6.

15. Indemnity

The Customer will indemnify Akam against claims, losses and reasonable costs arising from its use of the Service in breach of these terms, from Customer Data that infringes a third party right or breaches a law, and from a regulatory action arising out of the Customer's own compliance failure.

Akam will defend the Customer against a third party claim that the Service as supplied infringes that party's intellectual property rights, and will pay damages finally awarded, provided the Customer notifies us promptly, gives us control of the defence and cooperates reasonably. This does not apply where the claim arises from Customer Data, from modification of the Service by anyone other than Akam, or from use of the Service outside these terms.

16. Confidentiality

Each party will keep the other's confidential information confidential, use it only for the purposes of these terms, and protect it with at least reasonable care. This does not apply to information that is public through no breach, was already known without obligation, is independently developed, or must be disclosed by law, in which case the disclosing party will give notice where it lawfully can.

17. General

1. Governing law and jurisdiction. These terms are governed by the laws of India. The courts at Kerala, India have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court.
2. Changes to these terms. Akam may update these terms. We will give the Customer at least 30 days' written notice of a material change, and the change takes effect at the start of the next renewal term. Continuing to use the Service after a change takes effect means the updated terms apply. The version and effective date at the top of this page identify the current text.
3. Force majeure. Neither party is liable for a failure caused by an event beyond its reasonable control, provided it takes reasonable steps to mitigate.
4. Assignment. Neither party may assign these terms without the other's written consent, except to a successor in connection with a merger, acquisition or sale of substantially all assets.
5. Notices. Notices to Akam go to [email protected]. Notices to the Customer go to the administrative contact on the Order.
6. Severability and waiver. If a provision is held unenforceable, the rest continues in force. A failure to enforce a right is not a waiver of it.
7. Entire agreement. These terms, the Order and the Privacy Policy are the entire agreement between the parties on this subject and replace anything said or written beforehand.
8. No partnership. Nothing in these terms creates a partnership, joint venture or employment relationship.
9. App store terms. Where Cooman Field is obtained from Google Play or the Apple App Store, the store's own terms also apply to the download. Apple and Google are not parties to this agreement, are not responsible for the Service, and have no obligation to provide support for it.

18. Contact

• Legal and contractual: [email protected]
• Support: [email protected]
• Privacy: [email protected]
• Sales: [email protected]
• Publisher: Akam Innovations, India