Terms & Conditions
Please read the following terms and conditions before you buy a licence to use the SimBox (the "Software") from us (the "FlyingArt", "developer").
This contract is only available in English. No other languages will apply to this contract.
1. Introduction
1.1. Definitions
- "FlyingArt" - the developer of the software - GlideByte, st. Stawy 5, 02-467 Warsaw, Poland, TIN: 5273095775
- "SimBox" - the software as a whole developed by FlyingArt
- "SimBox Control" - the app that runs on PC together with the simulator
- "SimBox Client" - the client app for mobile devices and web
- "FastSpring" - the distributor of the software (https://fastspring.com/) sold on the SimBox website
1.2. Product Description
SimBox is a software that enhances the realism of flight simulators, including Microsoft Flight Simulator 2020, X-Plane 11, and X-Plane 12. The software consists of a client app for mobile devices and web, and an app that runs on PC together with the simulator (the "SimBox Control"). The software is developed by FlyingArt and is available for purchase on the SimBox website.
1.2.1. Base
The SimBox Control app communicates with the simulator and passes data to the client app. It can also be used for configuration and profiles editing. Users can trigger actions on the simulator directly from their tablet, phone, or web app through switches and buttons, as well as a virtual knob.
1.2.1.1. Profiles
SimBox Control is designed to work with aircraft profiles written in JSON format. The developer provides a set of default profiles for different aircraft and simulators. Users can create their own profiles or import them disk or from the web. Developer does not take any responsibility for the profiles imported by the user.
1.2.2. Knob
SimBox Control comes with STL files for 3D printing and Arduino code for DIY devices to increase realism. DIY knob files are available only if special version of SimBox was purchased.
2. Consumer Customer Terms and Conditions for SimBox
2.1. General Terms
The SimBox software is the property of FlyingArt and is protected by copyright laws and international copyright treaties.
2.2 Purchase and Payment on the SimBox Website
Payment for the software is made through FastSpring. FastSpring will collect the payment with proper TAX rate (depending on user location) and distribute the software to the customer. The customer will receive a license code to activate the software.
2.3. Activation and Distribution
The SimBox software has a maximum number of activations of 1. The product is cannot be sold to someone else.
2.3. License
The software is licensed to the customer for personal use only and the customer may not:
- use the software for commercial purposes
- use the software for any illegal purpose
- distribute the software to anyone else
- modify the software
- reverse engineer, decompile, or disassemble the software
- use the software in any way that violates any applicable law or regulation
- use the software in any way that violates the rights of any third party
- use the software in any way that violates the terms of this agreement
If the customer wishes to use the software for commercial purposes, they must contact developer.
2.4. Permission to use the Software
When you buy your licence to use the software, and it is downloaded, you will not own it. We give you permission to use it (also known as a "licence"). This means you can use the software on one device at a time. You can use it for as long as you like, but you cannot give it to anyone else.
2.5. Integration with Third Party Software
The software is designed to work with Microsoft Flight Simulator 2020, X-Plane 11, and X-Plane 12. Integration with specific planes is not a part of the product and is not guaranteed. SimBox is a tool to process profiles ("1.1.1.1") for different planes and simulators.
2.6. Prohibitions
Users may not copy, reverse-engineer, decompile, or otherwise tamper with the SimBox software. Any unauthorized use of the software will result in the termination of the license.
2.7. Termination
The license can be terminated at any time by the developer if the customer violates any of the terms of this agreement.
2.8. Disclaimer of Warranties
The software is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the software remains with customer.
2.9. Limitation of Liability
The developer is not liable for any damages, including but not limited to, loss of profits, loss of data, or other incidental, consequential, or special damages arising out of the use or inability to use the software.
In no event shall developer be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'users' use of or inability to use the software, even if FlyingArt has been advised of the possibility of such damages. In no event will FlyingArt be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. FlyingArt shall have no liability with respect to the content of the software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption or personal injury.
2.10. Refund
Users have the right to request a refund within 14 days of the purchase date. Other cases will be considered individually.
3. Agreement
By installing or using the software, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not install or use the software.
4. Contact
If you have any questions, please contact us at flyingartdev@gmail.com