1. Introduction & Acceptance
Welcome to the AviaSAFE SMS platform, a cloud-based Safety Management System (SMS) operated by AviaSAFE Systems. These Terms of Service ("Terms") govern your access to and use of the platform, its associated websites, dashboards, applications, and services (collectively, the "Platform").
By creating an account, submitting a safety report or survey response, or otherwise accessing or using the Platform, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization (such as an airline, operator, or regulator), you represent that you have the authority to bind that organization, and "you" and "your" will refer to that organization.
If you do not agree to these Terms, you must not access or use the Platform. Separate terms may apply to services provided under a written agreement with AviaSAFE Systems, in which case such agreement shall prevail to the extent of any conflict.
2. The Platform
The Platform provides a multi-tenant, web-based Safety Management System that supports:
- Voluntary and mandatory safety reporting (including hazard and occurrence reporting);
- Confidential, anonymous safety culture surveys;
- Safety performance monitoring, risk analysis, and SMS maturity assessment;
- Hazard and risk registers, and regulatory oversight workflows.
The Platform is delivered as Software-as-a-Service (SaaS). AviaSAFE Systems grants you a non-exclusive, non-transferable, revocable right to access and use the Platform for your internal aviation safety management purposes, subject to these Terms and any applicable subscription plan.
We may update, enhance, or modify the Platform from time to time. We will use reasonable efforts to notify you of material changes that may adversely affect your use of the Platform.
3. Subscriptions & Billing
Access to certain features of the Platform may require a paid subscription. Subscription fees, payment terms, and renewal periods are as set out in the applicable order or subscription plan accepted by you.
- Fees are payable in advance for each subscription period and are non-refundable except as required by applicable law.
- Unless otherwise stated, subscriptions renew automatically for successive periods of the same duration until cancelled in accordance with the plan terms.
- You are responsible for all charges associated with your account, including taxes as applicable.
- If payment is not received on time, we may suspend access to the Platform until outstanding amounts are settled.
- Pricing changes will be communicated at least thirty (30) days before taking effect and will not apply retroactively to the then-current subscription period.
4. Accounts & Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:
- Provide accurate, current, and complete information when registering and keep it up to date;
- Use a strong password and enable multi-factor authentication where offered;
- Promptly notify AviaSAFE Systems of any unauthorized access or use of your account;
- Ensure that your employees and agents comply with these Terms.
AviaSAFE Systems may disable accounts that we reasonably believe have been compromised, that violate these Terms, or that have been inactive for an extended period (with notice where practicable).
5. Tenant Data Isolation & Multi-Tenancy
The Platform is architected as a multi-tenant system. Each customer organization (a "Tenant") is assigned a unique tenant identifier, and all safety data created by or on behalf of a Tenant is scoped, stored, and served exclusively within that Tenant's namespace.
- Safety data belonging to one Tenant is not accessible to other Tenants, except where explicitly shared for regulatory purposes and only in accordance with the Privacy Policy.
- AviaSAFE Systems implements role-based access controls (RBAC), tenant-level authorization checks on all application and API endpoints, and query isolation at the data layer.
- We do not use one Tenant's safety data for the benefit of another Tenant.
6. ICAO Annex 19 & SMS Compliance
The Platform is designed to support compliance with the International Civil Aviation Organization (ICAO) Annex 19 Safety Management provisions and applicable State Safety Programme (SSP) requirements, including the promotion of a positive safety culture.
You acknowledge and agree that:
- AviaSAFE Systems provides tools that support, but does not itself provide, legal or regulatory compliance. Final responsibility for compliance with applicable aviation regulations rests with your organization and its accountable executives.
- Voluntary safety reports and survey responses are processed with the confidentiality protections described in the Privacy Policy, in line with the non-punitive, just-culture principles underlying Annex 19.
- AviaSAFE Systems is not a party to, and bears no liability for, any enforcement, investigation, or regulatory action arising from data you store in the Platform.
7. Acceptable Use
You agree not to, and not to permit others to:
- Use the Platform in any manner that violates applicable law or regulation;
- Attempt to gain unauthorized access to the Platform, other users' accounts, or other Tenants' data;
- Reverse engineer, decompile, or attempt to extract the source code of the Platform;
- Upload malware, viruses, or other harmful code;
- Probe, scan, or test the vulnerability of the Platform without authorization;
- Use automated means to scrape, harvest, or interfere with the Platform or its data.
8. Intellectual Property
The Platform, including its software, design, interfaces, documentation, algorithms, trademarks, and all related intellectual property, is owned by AviaSAFE Systems and, where applicable, its founder Ghanshyam Acharya.
These Terms do not transfer any ownership right in the Platform to you. You retain all rights in the data, content, and materials you upload to the Platform. You grant AviaSAFE Systems a limited, non-exclusive license to process such data solely to provide, secure, and improve the Platform, as further described in the Privacy Policy.
9. Confidentiality
Safety data, incident reports, survey results, and related information stored in the Platform may be considered confidential. AviaSAFE Systems agrees to hold such information in confidence, to limit access to personnel with a legitimate need, and to use it only for the purposes of providing the Platform, except where disclosure is:
- Required by law, regulation, or court order (in which case we will use reasonable efforts to notify you in advance where permitted);
- Necessary to protect the rights, property, or safety of AviaSAFE Systems, our users, or the public; or
- Made in aggregated or de-identified form that cannot reasonably identify you or your data.
10. Service Availability & SLA Disclaimer
AviaSAFE Systems aims for high availability of the Platform but does not guarantee uninterrupted or error-free operation. The Platform may be temporarily unavailable for scheduled maintenance, upgrades, or due to factors beyond our reasonable control.
Except as expressly set out in a separate written service-level agreement, the Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You are responsible for maintaining your own appropriate backup records of critical safety data, and for maintaining business-continuity arrangements for safety management functions in the event the Platform is unavailable.
11. Limitation of Liability
To the maximum extent permitted by law:
- AviaSAFE Systems shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to these Terms or your use of the Platform.
- Our aggregate liability arising out of or relating to these Terms shall not exceed the total fees paid by you to AviaSAFE Systems during the twelve (12) months preceding the event giving rise to the claim.
- In no event shall AviaSAFE Systems be liable for any decision made or action taken by you in reliance on Platform outputs, including safety decisions made by your organization.
12. Termination
You may stop using the Platform at any time and may terminate your account by contacting info@aviasafesystems.com. AviaSAFE Systems may suspend or terminate your access to the Platform if you materially breach these Terms and fail to cure such breach within fourteen (14) days of notice, or immediately if required by law or to protect the integrity of the Platform.
Upon termination, we will grant you a reasonable period (not less than thirty (30) days where practicable) to export your data, after which your data will be deleted or anonymized in accordance with our retention policies and the Privacy Policy. Sections of these Terms that by their nature should survive termination (including Sections 5, 6, 8, 9, 11, and 13) will continue to apply.
13. Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the Federal Democratic Republic of Nepal, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Kathmandu, Nepal.
Before commencing formal proceedings, the parties shall use reasonable efforts to resolve the dispute through good-faith negotiation, and where applicable, through mediation.
14. Changes to These Terms
We may revise these Terms from time to time. Material changes will be communicated through the Platform or by email at least fourteen (14) days before they take effect. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you may stop using the Platform and terminate your account.
15. Contact
If you have any questions about these Terms, please contact us at info@aviasafesystems.com or through the Contact page.