Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("Customer", "you") and Airhex Pty Ltd (ABN 65 628 583 639), a company incorporated in Australia, trading as Airhex ("Airhex", "we", "us").

By subscribing to, accessing, or using the Airhex service, you agree to be bound by these Terms. If you do not agree, do not use the service.

The Service is offered solely for business or professional use and is not offered for personal, domestic, or household use. By subscribing, you represent and warrant that:

(a) you are using the Service for bona fide business or professional purposes;

(b) if you are subscribing on behalf of a company, organisation, or other legal entity, you have full authority to bind that entity to these Terms, and references to "you" or "Customer" include that entity; and

(c) you are at least 18 years old and legally capable of entering into a binding agreement.

If you have entered into a separate, signed enterprise or custom agreement with Airhex, the terms of that agreement prevail to the extent of any inconsistency with these Terms. In all other respects, these Terms continue to apply.

Airhex provides access to structured airline, airport, and aviation-related data through a REST API (the "Service"). The Service includes periodic data updates and email-based technical support on a best-efforts basis.

Upon subscribing, Airhex grants you a non-exclusive, worldwide, royalty-free licence to use, store, process, and redistribute the data obtained through the API within your own products, websites, applications, and internal systems, subject to these Terms.

a) Annual Subscriptions. Subscribers on an annual billing plan are granted a perpetual, irrevocable licence to continue using and redistributing any data lawfully obtained during the paid subscription term, even after the subscription expires or is cancelled. This perpetual licence applies solely to data actually retrieved while the subscription was active and does not extend to API access or future data updates.

b) Active Term Only. API access under all plans is granted solely for the duration of the active, paid subscription.

c) Sandbox Plan. The Sandbox plan is provided solely for the purpose of evaluating the Service and testing integrations. Data obtained through the Sandbox plan must not be used in production systems, commercial products, or any revenue-generating application. To use Airhex data in a commercial project, you must subscribe to a paid plan.

All rights not expressly granted herein are reserved by Airhex.

The surviving licence described in Section 5(a):

(a) applies only to data lawfully retrieved during the paid, active subscription term;

(b) remains subject to all use restrictions, acceptable use obligations, and prohibited conduct provisions set out in these Terms;

(c) does not include any right to continued API access, data refreshes, re-downloads, technical support, or future data updates; and

(d) does not permit use of the data to create, seed, train, enrich, verify, or maintain a competing aviation data product, database, or service.

The structured data, database compilations, logos, trademarks, documentation, and the API service provided through Airhex remain the exclusive property of Airhex (or its licensors, as applicable). No ownership rights are transferred except for the limited licence granted in Section 5.

Airline names, IATA/ICAO codes, and related identifiers are maintained by their respective governing bodies (IATA, ICAO). Airport data is compiled from authoritative public and licensed sources.

Carrier Intellectual Property. Certain content made available through the Service, including airline or carrier logos, trademarks, trade names, liveries, and other branding elements, may be owned by the relevant carrier or its licensors and not by Airhex. Airhex is not the owner, licensor, or manager of such carrier intellectual property and is not authorised to grant any licence, consent, or permission on behalf of any carrier or other rights holder. Except for the limited right to receive such content through the Service as part of the content made available through the Service, no right, title, or licence is granted by Airhex to use any carrier trademark, logo, or other carrier intellectual property. You are solely responsible for determining whether your use requires permission from the relevant rights holder and for obtaining any such permission before using that content.

Data made available through the Service may originate from public, licensed, or third-party sources. Source data may change, be delayed, corrected, or withdrawn at any time.

Airhex does not guarantee the completeness, accuracy, currency, or fitness of any data for any particular purpose. You are responsible for independently evaluating the suitability of the data for your own use.

You acknowledge that the Service should not be used as the sole source of information for operational, commercial, regulatory, safety-critical, or time-sensitive decisions. You are responsible for applying your own verification, validation, and quality-assurance processes before relying on any data obtained through the Service.

Subscription fees are billed annually through Stripe. Current prices are listed on the pricing page, which is incorporated by reference into these Terms. You authorise recurring charges for your selected plan until you cancel.

All plans are paid subscriptions. A Sandbox plan is available at no cost for API evaluation and integration testing only. Sandbox data must not be used in production systems or commercial projects (see Section 5(c)).

All fees are non-cancellable and non-refundable once paid. No partial refunds or credits will be issued for unused subscription time, plan downgrades, account suspension, or termination for breach.

Cancellation of a subscription stops renewal at the end of the current billing period but does not entitle you to a refund for the remaining term.

All fees stated are exclusive of VAT, GST, sales tax, withholding tax, and any other applicable taxes, duties, or government levies. You are responsible for all such taxes arising from your subscription, except for taxes based solely on Airhex's net income.

If Airhex is required by law to collect or remit any tax on your behalf, that amount will be added to your invoice.

If a scheduled payment fails, Airhex (or its payment processor) may retry the payment method on file. All overdue amounts remain payable.

If payment remains outstanding for more than 30 days after the due date, Airhex may, acting reasonably:

(a) suspend your access to the Service until all overdue amounts are paid in full; or

(b) terminate your subscription.

Access may also be suspended at any time during a period of non-payment.

Airhex reserves the right to modify the API, data model, endpoints, documentation, features, rate limits, and service functionality at any time. Where Airhex considers it appropriate, major API changes may be introduced under a new API version to allow reasonable transition time, but Airhex does not guarantee version support for any specific period.

Airhex may change fees and billing terms for future renewal periods by providing reasonable notice before the start of the next renewal. Your continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.

Airhex may update these Terms by posting revised Terms on the Airhex website. The "Last updated" date at the top of these Terms indicates when revisions were last published. For new customers, revised Terms apply from the date of posting. For existing customers, revised Terms take effect on the earlier of (a) the start of their next renewal period, or (b) continued use of the Service after 30 days' notice of the change. If you do not agree to any revision, your sole remedy is to cancel your subscription before the next renewal.

All plans share a common rate limit of 1,000 requests per second. This limit is designed to support any reasonable production workload.

We monitor usage to protect service quality for all customers. If your traffic consistently exceeds the rate limit or shows patterns inconsistent with normal application use (e.g. sustained bulk scraping), we may throttle requests or contact you to discuss an appropriate plan.

Enterprise customers requiring guaranteed throughput above 1,000 rps or a dedicated SLA should contact us to arrange a custom agreement.

You must:

(a) maintain the security and confidentiality of all API keys, tokens, passwords, and other credentials associated with your account;

(b) notify Airhex promptly (at the contact email listed below) of any suspected unauthorised use, disclosure, or compromise of your credentials; and

(c) accept responsibility for all activity that occurs under your account or API keys until you have notified Airhex in accordance with (b) above; and

(d) provide accurate, complete, and current account, billing, and contact information and promptly update any changes.

Airhex may revoke, rotate, or reissue credentials at any time where it reasonably suspects misuse or compromise.

You may use the Service only in accordance with these Terms and applicable law. Without limiting the foregoing, you must not:

(a) share, sublicence, sell, rent, lease, or otherwise transfer or resell API access, API keys, or credentials to any third party;

(b) bypass, circumvent, or attempt to bypass or circumvent authentication mechanisms, rate limits, or other technical restrictions of the Service;

(c) scrape, crawl, or systematically extract data from the Service or Airhex website by any means other than the documented API endpoints within your authorised plan;

(d) reverse engineer, decompile, disassemble, probe, or attempt to derive the source code, algorithms, or data structures of the Service, except to the extent that such restriction is prohibited by applicable law;

(e) interfere with, disrupt, degrade, or impair the Service or any server, network, or system connected to the Service;

(f) use the Service or data to build, create, seed, train, enrich, verify, or maintain a competing aviation data API, database, product, or service;

(g) systematically extract data for the purpose of creating an independent substitute dataset that replicates or replaces the Service;

(h) resell, redistribute, or make available the raw dataset as a standalone commercial data product;

(i) introduce malware, viruses, harmful code, or abusive traffic to or through the Service;

(j) misrepresent your affiliation with Airhex or use Airhex trademarks or branding without prior written consent; or

(k) use the Service in any manner that violates applicable law or infringes the rights of any third party.

For the avoidance of doubt, nothing in this clause prevents you from integrating data obtained through the Service into your own software products, applications, and services in the ordinary course of your business, provided you comply with these Terms.

Without limiting Section 17, you specifically agree that you will not, directly or indirectly:

(a) use data obtained through the Service to build, operate, or contribute to a competing aviation data API, database, or data service;

(b) use Airhex data as seed material, training data, base content, or verification input for a competing aviation dataset or database; or

(c) resell, redistribute, or sublicence the raw data obtained from the Service as a standalone commercial data product or feed.

This restriction does not prevent you from embedding, displaying, or otherwise using the data within your own end-user applications, platforms, or internal systems, provided such use does not constitute the creation of a competing data product as described above.

Airhex may, without liability, immediately suspend or restrict your access to the Service if Airhex reasonably believes that:

(a) you have failed to pay any amount when due;

(b) your use of the Service constitutes abuse or excessive load;

(c) a security incident has occurred or is occurring;

(d) your account or credentials have been subject to unauthorised access or compromise;

(e) you are in breach of these Terms;

(f) suspension is required or advisable to comply with applicable law, regulation, court order, or government request; or

(g) your activity poses a risk of harm to the Service, its infrastructure, or other customers.

Airhex will use reasonable efforts to notify you of any suspension promptly, but is not obligated to provide advance notice.

You may cancel your subscription at any time through the Stripe Customer Portal. Cancellation takes effect at the end of the current billing period.

Airhex may suspend or terminate your access for violation of these Terms or non-payment in accordance with Section 13 and Section 19. Upon termination, API access ceases immediately. The post-termination data licence is determined by your subscription type as set out in Section 5 (Licence Grant) and Section 6 (Post-Termination Licence Scope).

Technical support is provided on a reasonable best-efforts basis via email. No response time or resolution time is guaranteed.

No service levels, uptime commitments, or availability guarantees apply unless expressly set out in a separate written service level agreement signed by Airhex.

Airhex may perform maintenance, repairs, emergency actions, and service modifications at any time, with or without notice, which may result in temporary downtime or reduced functionality.

Where Airhex considers it appropriate, major API changes may be introduced under a new API version to facilitate transition, but Airhex is not obligated to do so.

THE SERVICE AND ALL DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY.

Airhex does not warrant that the Service will be error-free, that defects will be corrected, or that the data will meet your specific requirements.

a) Exclusion of Indirect Damages. To the maximum extent permitted by applicable law, Airhex will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with these Terms or the Service, regardless of the theory of liability.

b) Aggregate Cap. Airhex's total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), statute, or otherwise, will not exceed the total fees actually paid by you to Airhex under these Terms in the 12 months immediately preceding the event giving rise to the claim.

c) Basis of Bargain. You acknowledge that the fees reflect the allocation of risk set out in this Section and that Airhex would not enter into these Terms without these limitations.

You agree to indemnify, defend, and hold harmless Airhex and its officers, directors, employees, agents, and affiliates from and against any third-party claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) your breach of these Terms;

(b) your unlawful use of the Service or data;

(c) your downstream distribution, display, or use of data obtained through the Service within your products or services; or

(d) any infringement or misappropriation claim caused by your combining, modifying, or using the data outside the scope permitted by these Terms.

Airhex will promptly notify you of any claim subject to indemnification. Airhex may, at its option, assume control of the defence and settlement of any such claim, provided that any settlement that imposes obligations on you (other than the payment of money) requires your prior written consent, not to be unreasonably withheld.

Airhex will not be liable for any delay or failure in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemic, war, terrorism, civil unrest, power or internet outages, third-party service failures, or labour disputes. During any force majeure event, Airhex's affected obligations are suspended for the duration of the event.

You must not use, access, export, re-export, or permit the use or transfer of the Service or any data obtained through it in violation of any applicable export control laws, trade sanctions, embargoes, or restricted-party regulations. You represent that you are not located in, organised under the laws of, or a resident or national of any country or territory that is the target of comprehensive sanctions, and that you are not listed on any applicable restricted-party list.

Your use of the Service is also governed by the Airhex Privacy Policy, available at /privacy, which is incorporated by reference into these Terms. The Privacy Policy describes how Airhex collects, uses, stores, and discloses account, billing, and contact information.

You may not assign, transfer, or delegate these Terms or any rights or obligations under them without Airhex's prior written consent.

Airhex may assign or transfer these Terms, in whole or in part, without your consent in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets. Airhex will use reasonable efforts to notify you of any such assignment.

Airhex may give notices to you by email to the address associated with your account, by posting a notice within your account dashboard, or by posting a general notice on the Airhex website. Such notices are deemed received:

(a) if sent by email, 24 hours after sending;

(b) if posted to the dashboard or website, upon posting.

You may give notices to Airhex by email to [email protected]. Notices to Airhex are deemed received 24 hours after sending.

The following provisions survive expiration or termination of these Terms: Section 6 (Post-Termination Licence Scope), Section 7 (Ownership & Intellectual Property), Section 11 (No Refunds) with respect to amounts accrued prior to termination, Section 12 (Taxes), Section 17 (Acceptable Use & Prohibited Conduct), Section 18 (Competing Product Restriction), Section 23 (Disclaimer of Warranties), Section 24 (Limitation of Liability), Section 25 (Indemnification), Section 26 (Force Majeure), Section 27 (Export Controls & Sanctions), Section 28 (Privacy), Section 34 (Governing Law & Jurisdiction), and any other provision that by its nature is intended to survive.

These Terms, together with the following documents expressly incorporated by reference, constitute the entire agreement between you and Airhex with respect to your self-serve subscription and supersede all prior or contemporaneous discussions, proposals, and agreements relating to that subscription:

(a) the Airhex Privacy Policy (/privacy);

(b) the Airhex Pricing Page (/pricing);

(c) the Airhex API Documentation (/docs); and

(d) the Airhex Fair Use Policy as described in Section 15.

No other page on the Airhex website is incorporated unless expressly referenced in these Terms. In the event of a conflict between these Terms and any incorporated document, these Terms prevail unless the incorporated document expressly states otherwise.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

No failure or delay by Airhex in exercising any right, power, or remedy constitutes a waiver of that right, power, or remedy.

Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between you and Airhex. Neither party has authority to bind the other.

These Terms are governed by the laws in force in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them, in respect of any dispute arising out of or in connection with these Terms.

If you provide Airhex with feedback, suggestions, ideas, or feature requests regarding the Service, you grant Airhex a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, and incorporate that feedback for any purpose without restriction, obligation, or compensation to you.

By subscribing to the Service, you grant Airhex a non-exclusive, royalty-free, worldwide right to use your company name, trade name, logo, and trademark (collectively, "Customer Marks") solely for the purpose of identifying you as a customer of Airhex on the Airhex website, marketing materials, client lists, case studies, and similar promotional channels.

This right is granted for the duration of your subscription and continues thereafter unless you provide written notice to Airhex requesting removal.

Notwithstanding the foregoing, if you have entered into a separate Enterprise agreement with Airhex that contains specific provisions regarding publicity, or if alternative arrangements have been expressly agreed in writing between the parties, the terms of such agreement or arrangement shall prevail to the extent of any inconsistency with this Section.

To request removal of your Customer Marks from Airhex promotional materials, please contact us at [email protected].

If you have questions about these Terms, please contact us using the information below.

Airhex Pty Ltd
81-83 Campbell Street
Surry Hills, NSW 2010
Australia

Email: [email protected]
Phone: +61 7 5315 8394 (AU)