Welcome to FS Companion! These Terms and Conditions (“Terms”) govern your use of the FS Companion mobile application (“App”), which is designed to enhance your experience with Microsoft Flight Simulator (“MSFS”) by facilitating communication and interaction between the App and MSFS. By using FS Companion, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the App.
Ownership and Intellectual Property Rights
All rights, title, and interest in and to Microsoft Flight Simulator are reserved to Microsoft Corporation (“Microsoft”) and its licensors. FS Companion is an independent application developed by Novack Tech and is not affiliated with or endorsed by Microsoft. The App is provided to you under a limited, non-exclusive, non-transferable license solely for your personal, non-commercial use.
App Usage
a. Compatibility: FS Companion is designed to be used in conjunction with MSFS. Please ensure that you have the necessary software and hardware requirements to run both MSFS and FS Companion effectively.
b. Access and Connectivity: You are responsible for obtaining and maintaining all equipment, devices, and internet connectivity required to access and use FS Companion. Any costs or fees associated with your internet connection or mobile data usage are solely your responsibility.
c. User Account: To use certain features of FS Companion, you may be required to create a user account. You are solely responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
d. User Content: FS Companion may allow you to submit, post, or share user-generated content. By submitting content, you grant Tech Novack a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content for the purpose of operating and improving the App.
e. Prohibited Conduct: You agree not to engage in any conduct that violates applicable laws, infringes upon the rights of others, or interferes with the functioning of FS Companion or MSFS. Prohibited conduct includes, but is not limited to, the following:
Reverse-engineering, decompiling, or disassembling FS Companion.
Circumventing or bypassing any security measures or copy protection mechanisms.
Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
Engaging in any activity that could harm, disrupt, or compromise the security or integrity of FS Companion or MSFS.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Tech Novack, its officers, directors, employees, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or in connection with your use of FS Companion, even if advised of the possibility of such damages.
Modifications and Termination
Tech Novack reserves the right, in its sole discretion, to modify or terminate FS Companion or these Terms at any time, without prior notice. Your continued use of the App following any such modifications constitutes your acceptance of the revised Terms.
Indemnification
You agree to indemnify and hold harmless Tech Novack, its officers, directors, employees, and affiliates from and against any claims, damages, liabilities, costs, or expenses arising out of your use of FS Companion or any violation of these Terms.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Brazil. Any dispute arising out of or relating to these Terms or FS Companion shall be submitted to binding arbitration in accordance with the rules of the Brazilian Law. The arbitration shall take place in São Paulo, and the language of the arbitration shall be Portuguese. Each party shall bear its own costs associated with the arbitration proceedings.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Entire Agreement
These Terms constitute the entire agreement between you and Tech Novack
regarding your use of FS Companion and supersede any prior agreements or understandings, whether written or oral.
By using FS Companion, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with any part of these Terms, please refrain from using the App.