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Accept the Terms and Conditions


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Terms and Conditions
Entered into by and between the SUPPLIER - Blue Condor LLC, a company registered in the State of Florida in the United States of America, on one hand, and the USER, collectively referred to as the parties, establish the following:

Whereas, The USER is familiar with the purpose of this service contract and has received all necessary information from the SUPPLIER for analysis and understanding;Whereas,The USER has completed the registration process on the internet platform provided by the SUPPLIER through the website addresses www.SomaSoftware.com & www.HangarCentral.com; Whereas,As a result of the USER's registration on the platform provided by the SUPPLIER, the USER has been able to utilize the free functionalities of the platform and/or the "Premium" functionalities, which incur a service fee. The applicable rates were made available to the USER and are reflected in the client's service order text; Therefore, the parties agree to be bound by the SERVICE CONTRACT according to the following clauses:

The SUPPLIER provides the USER with a service consisting of access to technological tools for the management, maintenance, and operations of software in the aviation field, referred to as SOMA, as identified for the purposes of this contract.

First Paragraph: SOMA allows the USER to access the following tools based on their subscription type:

Aircraft
Control of aircraft and fleet hours, cycles, and landings.
Control of maintenance services, engineering documents, and installed components (Hard Time, On-condition, Condition Monitoring).
Control of flights performed by pilots, crew, instructors, students, clients, etc.
Control of aircraft-certified pilots and mechanics.
Control of discrepancies.
Control of flight revenues and costs.
Control of component failures (Reliability).
Control of flight calendar (Day, Week, Month, Year).
Maintenance and Engineering
Control of maintenance services.
Control of engineering documents (ADs, SBs).
Control of installed components (Hard Time, On-condition, Condition Monitoring).
Configuration of alerts based on flight hours, cycles, and calendar time.
Flights
Control of flight calendar (Day, Week, Month, Year).
Control of flights performed by pilots, crew, instructors, students, clients, etc.
Control of flight costs and revenues by student, client, flight type.
Control of flights by tachometer, hobbs meter, departure time, arrival time, takeoff time, landing time.
Control of fuel and oil.
Personnel (Pilots, Mechanics, Crew, Dispatchers)
Control of document expiry for pilots, mechanics, dispatchers, etc.
Configuration of alerts.
Control of flights performed by pilots, crew, instructors, students, clients, etc.
Control of aircraft-certified pilots and mechanics.
Components (Logistics, Purchasing, Sales)
Control of components in warehouses, workshops, and aircraft.
Control of Rotables, Consumables, Serialized Consumables, Engines, Propellers, External Equipment, and Tools.
Control of component movements:
Requisitions.
Purchases.
Inspections (Incoming inspections).
Installations on aircraft.
Loans.
Repairs.
Sales.
Control of component expiry (Shelf Life - Calibration).
Control of component history.
Control of equivalent/alternate components.
Control of subcomponents.
Customers
Control of flights performed by customers.
Control of component sales by customer.
Control of revenues by customer.
Suppliers (Parts Suppliers and Workshops)
Control of components repaired by workshops.
Control of expenses by workshops.
Control of component purchases by parts suppliers.
Expense control by parts supplier.

Paragraph 2: The USER may access SOMA by using a key authorized by the SUPPLIER, with the possibility of obtaining or using the tools indicated in the first paragraph of this clause. For registration on the web platform, the USER must use their email address as the USER identifier.
The USER acknowledges that the SUPPLIER will allow access to the service as long as the following conditions are met:

a. The USER's data, whether registry or personal, remains up to date.
b. The representative of the USER or the USER themselves, if fully accredited, is over 18 years of age.
c. In the case of premium services, the USER's account must be up to date.

The USER acknowledges that they had the options offered by the SUPPLIER regarding rates and payment methods at their disposal, having chosen the one identified in the text of this contract according to the type of services required and the specified duration in the contract header.
If the USER does not wish to renew the contract for an additional period beyond the one already subscribed, they must notify the SUPPLIER in writing of their intention at least thirty (30) calendar days prior to the expiration of the original service order period.
The USER can pay for the service by check, bank transfer, or by using their personal or corporate credit card, as applicable, and it is understood that the SUPPLIER is authorized to charge said payment method for the amounts arising from the USER's obligations. Otherwise, the SUPPLIER will issue an invoice in the name of the USER in order to demand the agreed-upon payment, which must be settled before commencing the receipt of the service.
The USER agrees to:

a. Pay the amount for the services to the SUPPLIER within the established period according to the applied rate.
b. Use the service exclusively for the benefit of the company or person acting as the USER.
c. Not sell or lease the service to third parties.
d. Not interfere with or interrupt the networks connected to the service.
e. Not use the service to infringe upon a third party's copyrights, patents, trademarks, trade secrets, or other intellectual property rights, or rights of publicity or privacy.
f. Not use the service for illegal purposes.

The USER acknowledges that the intellectual property rights or copyrights over the service called SOMA belong to the SUPPLIER, as well as all property rights over logos, slogans, and other elements that make up its image.

It is expressly understood that all information, data, and documentation exchanged by the parties will be recognized as confidential information owned by the originating or producing party. Confidential information may not be disclosed or used for purposes other than those intended by the parties in their negotiations or business relationships without the prior written authorization of its owner. For the purposes of this contract, confidential information shall be understood as any communication, document, data, or information delivered or supplied in any form, including oral, written, digital, electromagnetic, or contained in any other medium, exchanged by the PARTIES.

The USER may not assign or transfer, in whole or in part, the rights or obligations derived from this contract, and any such assignments without the prior written consent of the SUPPLIER shall be considered null and void.

The parties acknowledge that the payment of fees arising from the provision of the SUPPLIER's service to the USER is generated and paid in United States Dollars, being the sole currency fixed for this legal relationship, without prejudice to the acceptance of other types of currency as long as it is fully agreed upon between the parties.

The SUPPLIER may modify the conditions at any time by publishing a version of the contract on www.SomaSoftware.com. Likewise, the USER will receive information about the modifications to the contract when accessing the website www.SomaSoftware.com
The SUPPLIER may modify the conditions at any time by publishing a version of the contract on www.SomaSoftware.com. Similarly, the USER will receive information about contract modifications by accessing the website www.SomaSoftware.com, without prior notice. These conditions are considered accepted if the USER continues to use their account after the modification, without expressing their contradiction in writing to the SUPPLIER within two (2) days following the effective date of the modifications.

The SUPPLIER will be responsible for providing technical support services on the platform to the USER who contracts "Premium" services, and will provide the service as follows:

Platform Maintenance: On occasions, the SUPPLIER will need to perform maintenance on its platform, which will cause interruptions for certain hours to the USER. The SUPPLIER will make its best effort to perform these maintenance activities outside the hours that affect the USER and will notify the USER at least one week in advance.

Technical Support via Email: The USER will have the opportunity to send requests and questions to the technical team through the SOMA ticketing system. These requests will be responded to within the next 24 business hours.

Technical Support via Phone: The USER will have the opportunity to call the offices of the SUPPLIER located in Caracas, Bogotá, Mexico, or the United States, where a consultant will assist them with their request or question. If the consultant is attending another call, they will contact the USER within the next 24 business hours.

The SUPPLIER, in providing the service, does not provide any warranties, either implicitly or expressly, as it is a service of means and not of results. For these purposes, the SUPPLIER is not responsible for direct or indirect damages, including loss of profits.

The SUPPLIER may immediately terminate this contract and consequently cease to provide the service in the following cases:

(a) If the USER has provided false information to the SUPPLIER.
(b) If the USER has not PAID the service fees as indicated in the third clause of this contract.
(c) If the USER fails to comply with the obligations regarding confidentiality and non-assignment of this contract.
(d) If the USER has made the license available to a third party or has sold or leased it.

The applicable law in this contract will be the laws of the State of Florida, United States of America, which is understood as the domicile of this contract. Any conflict or claim arising in relation to this contract, except for technical or operational matters, and which cannot be resolved directly between the parties within thirty (30) business days from the date of the claim between them, shall be settled by an Arbitration Tribunal, in accordance with the following rules:

(a) The place of arbitration shall be in the city of Miami, Florida, United States of America, and the arbitration shall be administered by any of the Arbitration Centers located in the area, following the rules of said center.
(b) The Arbitration Tribunal shall consist of three (3) arbitrators appointed by mutual agreement between the parties. If the parties fail to reach an agreement on the arbitrators within a period of thirty (30) business days from the date on which one party requests the other to initiate the arbitration proceedings, the procedures established in the Arbitration Center in charge shall be followed for their appointment.
(c) The arbitrators shall decide in accordance with the law.

For any additional notifications, they must be made to the following addresses:

Blue Condor LLC
6450 SW 88st Miami, Florida 33156
Phone: 1 888 9898324
support@somasoftware.com