THIS END USER AGREEMENT (“EULA”) GOVERNS YOUR USE OF GOGO’S SKYLINE APPLICATION (“GOGO APPLICATION”). PLEASE READ THIS EULA CAREFULLY IN ITS ENTIRETY. THIS EULA IS A LEGAL, BINDING AGREEMENT BETWEEN (i) YOU AND (ii) GOGO BUSINESS AVIATION LLC (“WE” OR “US”). BY CLICKING “I ACCEPT” OR TAKING ANY STEPS TO ACCESS OR USE THE GOGO APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND AGREE TO BE BOUND TO THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS EULA, DO NOT CLICK “I ACCEPT” AND YOU ARE NOT PERMITTED TO ACCESS OR USE THE GOGO APPLICATION.
THIS EULA INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE GOGO APPLICATION TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS EULA ALSO INCLUDES A JURY WAIVER.
Acceptance of the Terms of Use. By clicking “I Accept,” you also agree to all terms and conditions in the applicable Terms of Use. The Terms of Use govern your use of the Service and, among other things, specify applicable fees and include our Acceptable Use Policy. ClickHEREto view theTerms of Use.
Acceptance of the Privacy Policy. By clicking “I Accept,” you also agree to the terms of the applicable Privacy Policy, which is intended to inform you of the types of information that we collect, as well as our policies and practices regarding the collection, use, and disclosure of that information. Click HERE to view the Privacy Policy.
1. Scope of License.
Conditioned on your compliance with the terms and conditions of this EULA, we hereby grant to you a limited, revocable, non-exclusive, personal, non-sublicenseable, non-transferable, non-assignable license to install and use the executable form of the Gogo Application on a single device owned or controlled by you solely for purposes of accessing and using Gogo’s Skyline service (“Service”) for your informational, personal, non-commercial use in accordance with Terms of Use for the Service (“Terms of Use”). The Terms of Use for the Service, which are incorporated herein by reference, are accessible here: TERMS OF SERVICE
2. Your Obligations.
You agree (i) to use the Gogo Application only as permitted in this EULA; (ii) to comply with all applicable laws, rules, and regulations when using the Gogo Application; (iii) to not use the Gogo Application in any manner that could damage, disable, overburden, or impair the Service or interfere with any third party’s use and/or enjoyment of the Service; (iv) to not remove or destroy any copyright notices or other proprietary markings on the Gogo Application; (v) to not rent, lease, lend, sell, redistribute, or sublicense the Gogo Application; and (vi) to not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Gogo Application, any updates, or any part thereof. Furthermore, you agree that you are solely responsible for (and that we have no responsibility to you or to any third party) your use of the Gogo Application, any breach of your obligations under this EULA, and for the consequences (including any loss or damage which we may suffer) of any such breach.
3. Termination.
This EULA is effective until terminated by you or us. We may terminate this EULA at any time, for any reason. Your rights under this EULA will terminate automatically without notice from Gogo if you fail to comply with any term(s) of this EULA. Upon termination of this EULA, you shall cease all use of the Gogo Application immediately and uninstall all copies of the Gogo Application.
4. Proprietary Rights.
You acknowledge that all the intellectual property rights in the Gogo Application are owned by us or our licensors. All rights not expressly licensed are reserved.
5. NO WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GOGO APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GOGO APPLICATION IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GOGO APPLICATION, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GOGO APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE GOGO APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GOGO APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GOGO APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY.
In no event shall wE be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the GOGO APPLICATION, even if WE have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, OUR liability (including, but not limited to, OUR partners and affiliates) to you for any damages arising from or related to your use of the GOGO APPLICATION (for any cause whatsoever and regardless of the form of the action), will at all times be limited to Fifty US Dollars ($50). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction. FOR PURPOSES OF THIS SECTION 6, “WE” AND “OUR” AND “US” REFER TO GOGO BUSINESS AVIATION LLC.
7. Export; Legal Compliance.
You may not use or otherwise export or re-export the Gogo Application except as authorized by United States law and the laws of the jurisdiction in which the Gogo Application was obtained. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties (including, without limitation, the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List).
You agree that you will not use the Gogo Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
8. Government Users.
The Gogo Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, to the extent that the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users, the Commercial Computer Software and Commercial Computer Software Documentation are licensed (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
9. Dispute Resolution / Arbitration.
It is our goal that the Gogo Application meets your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: bacustomerservice@gogoair.com or mailing address: Gogo Customer Care, 105 Edgeview Drive, Suite 300, Broomfield, CO 80021. You then agree to negotiate with us in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims, whether in contract, tort, statutory or otherwise, including issues relating to arbitrability and jurisdiction, that cannot be resolved informally and that relate in any way to or arise out of your relationship with us, including the Gogo Application, the Service or this EULA, and any product or service offered by us, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Gogo and/or the applicable third party(ies). You and we acknowledge that this EULA affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this EULA (despite any other choice of law provision).
Arbitration under this EULA shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with us as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SERVICE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY EITHER CALLING 1-888-286-9876 OR BY SENDING AN EMAIL TO bacustomerservice@gogoair.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS EULA SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
YOU AND WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
In no event shall any claim, action or proceeding by you related in any way to the Gogo Application or this EULA be instituted more than one (1) year after the cause of action arose.
10. Indemnity.
You agree to defend, hold harmless, and indemnify us, our parents, subsidiaries, affiliates, directors, officers, employees, agents, licensees, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Gogo Application in violation of this EULA or your breach of any provision of this EULA.
11. Relationship to Application Distributor.
This EULA is between you and us and not with any third party authorized by us to distribute the Gogo Application (e.g., operators of third-party application marketplaces such as the Apple App Store and Google Play) and from which you directly receive your copy of the Application (the “Distributor”).
You acknowledge and agree that:
(i) The Distributor may have additional terms, rules, and polices (collectively, “Distributor Policies”) related to your use of the Distributor’s services, including using the Distributor’s service to access and download the Gogo Application, and you agree to comply with all Distributor Policies.
(ii) We, not the Distributor, are solely responsible for the Gogo Application and the content thereof.
(iii) We are not obligated to maintain or support the Gogo Application or to provide you with updates, fixes, or services related thereto. To the extent we choose, in our sole discretion, to provide any maintenance or support services with respect to the Gogo Application, we and/or our authorized service providers will be solely responsible for the same. The Distributor has no obligation whatsoever to furnish any maintenance or support services with respect to the Gogo Application.
(iv) In the event of any failure of the Gogo Application to conform to any applicable warranty not hereby disclaimed, you may notify the Distributor, and the Distributor may refund the purchase price of the Gogo Application to you in accordance with the Distributor’s policies and procedures. To the maximum extent permitted by applicable law, the Distributor will have no other warranty obligation whatsoever with respect to the Gogo Application.
(v) To the extent that you make any claim with regard to the Gogo Application or your use of the Gogo Application, such claim shall be made against us and not against the Distributor. We, not the Distributor, are responsible for addressing any claims by you or a third party relating to the Gogo Application or your possession and/or use of the Gogo Application, including but not limited to (a) product liability claims, (b) any claim that the Gogo Application fails to conform with any applicable legal or regulatory requirements, or (c) claims arising under consumer protection or similar legislation.
(vi) Without limiting the “No Warranty” or “Limitation of Liability” provisions in this EULA, in the event any third party claims that the Gogo Application or your possession and use of the Gogo Application infringes such third party’s intellectual property rights, you or us, not the Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
(vii) The Distributor, and the Distributor’s subsidiaries, are third-party beneficiaries of this EULA, and upon your acceptance of the terms and conditions of this EULA, the Distributor will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
12. Third-Party Software.
The Gogo Application may link to, use, incorporate, include, or be distributed with third party libraries or code licensed under an open source license (collectively “Third-Party Software”). Nothwithstanding anything to the contrary in this Agreement, Third-Party Software does not comprise part of the Gogo Application, and we do not provide any representations or warranties with respect to Third-Party Software. Certain Third-Party Software may have additional licensing terms. See Exhibit A for terms and conditions applicable to Third-Party Software.
13. Survival.
Sections 4 through 21 will survive termination of this EULA for any reason.
14. Jurisdictional Issues / Governing Law and Venue.
This EULA shall be governed by the laws of the United States and the State of Colorado, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this EULA (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under Section 9 of this EULA (Dispute Resolution / Arbitration) must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Denver, Colorado, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
15. Assignment.
We may assign or transfer this EULA or any or all of our rights hereunder without providing you notice or seeking your consent. You may not assign or transfer this EULA or any or all of your rights hereunder, without the prior written consent of Gogo, and any attempt to do so is void.
16. Entire Agreement; No Waiver.
This EULA and the Terms of Use (and the policies and rules referenced therein) constitute the entire agreement between you and us regarding the use of the Gogo Application. Our failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision. The section titles in this EULA are for convenience only and have no legal or contractual effect. This EULA shall inure to the benefit of you (and your heirs, administrators, successors and assigns) and us (and our heirs, administrators, successors and assigns).
17. Severability.
Each term and provision of this EULA shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal, or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal, or unenforceable term or provision. All other terms and provisions of this EULA shall remain in full force and effect.
18. Modifications to EULA Terms.
Gogo reserves the right to change, modify, or amend this EULA from time to time to reflect changes in Gogo’s policies and practices. You are encouraged to review this EULA periodically and to check the “Last Updated” date at the bottom of this EULA for the most recent version. Any changes, modifications, or amendments shall be effective immediately. By continuing to use the Gogo Application following the posting of changes, modifications, or amendments to this EULA, you agree to and accept those changes, modifications, and amendments. If the changed, modified, or amended EULA is not acceptable to you, your only recourse is to uninstall the Gogo Application.
19. Updates/Upgrades to the Gogo Application.
This EULA will govern any updates/upgrades to the Gogo Application that replace and/or supplement the original Gogo Application, unless such update/upgrade is accompanied by a separate end-user license agreement in which case the terms of that agreement will govern.
20. Notices.
Gogo may give legal notice to you by means of a general notice on the Service, electronic mail to your email address on our records (if you have provided one), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have provided one). All legal notices given by you to Gogo shall be mailed to:
Gogo Business Aviation LLC
ATTN: General Counsel
105 Edgeview Drive, Suite 300
Broomfield, CO 80021
21. Contact Us.
If you have any questions, complaints, or claims with respect to the Gogo Application, please contact us at:
Gogo Business Aviation LLC
ATTN: Customer Care
105 Edgeview Drive, Suite 300
Broomfield, CO 80021
bacustomerservice@gogoair.com
1-888-286-9876
This EULA was last updated on October 4, 2023.
Exhibit A
Third-Party Software
Notwithstanding anything to the contrary in the EULA, the following terms and conditions apply to the Third-Party Software identified below:
Open SSL
Copyright © 2012 The Apache Software Foundation
Licensed under the Apache License, Version 2.0.
See http://www.apache.org/licenses/LICENSE-2.0.html
SBJson, version 3.0
Copyright (C) 2007-2013 Stig Brautaset. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.