Riyadh Air Onboard Wi-Fi Terms and Conditions

These Riyadh Air Onboard Wi-Fi Terms and Conditions ("Terms") govern your use of the onboard Wi-Fi internet service (“Service”) provided by Aviation Services Company, a company registered in the King-dom of Saudi Arabia, (“Riyadh Air”, “us” or “we”) in cooperation with ViaSat, Inc. (“ViaSat”). By access-ing or using the Service, you agree to these Terms. If you do not agree, please do not use the Service. These Terms constitute a legally binding agreement between you and Riyadh Air.

1. Eligibility and Access

To use the Service, you need a compatible device with Wi-Fi capability and up-to-date browser software. You cannot use the Service if your device has previously been disabled from accessing the Service or any of our other services due to violations of these Terms, or if you are prohibited from receiving our prod-ucts, Service or other services, or software under any applicable laws or regulations. The Service is availa-ble free of charge exclusively to passengers who are registered members of Riyadh Air’s loyalty program (“Sfeer”). To access the Service, you must log in using your Sfeer account credentials. You represent that you are at least 18 years of age. Use of the Service is subject to crew instructions. Devices must be switched off or put into flight mode when instructed by our crew.

2. Service Provider and Availability

The Service is operated by ViaSat, a third-party provider contracted by Riyadh Air to deliver the Service. The availability, quality, and performance of the Service may vary depending on aircraft type, location, and network capacity.

3. Service Provider and Availability

Riyadh Air, in cooperation with ViaSat, is continually working to improve the Service and develop new features and products and may from time to time update these Terms to reflect modifications to the existing Service, add new services or features, or to comply with applicable laws and regulations. We may provide notice of changes to these Terms in any manner acceptable by law, including, but not limited to, by posting them on the login page prior to you accessing, or re-accessing the Service following any up-dates or changes to these Terms. If you do not agree to the updated Terms, you will not be able to access the Service. Your use of the Service following updates or other changes to these Terms constitutes your acceptance of such updates or changes. If you do not agree to the changes, you must cease your use of the Service immediately.

4. Suspension or Termination of Service

If we determine, in our sole discretion, that you have breached these Terms or any other applicable poli-cies, we may suspend or permanently disable your access to the Service from your device. From time to time and without prior notice, we may temporarily suspend or withdraw the Service, in whole or in part, for technical, regulatory, legal, maintenance or operational reasons. You acknowledge and agree that, without prejudice to the rest of these Terms, neither Riyadh Air nor ViaSat shall be liable to you for any suspension or termination of access to the Service.

5. Operational Limits of the Service

Provision of the Service is subject to the availability and the operational limitations of the necessary equipment and associated facilities. There is no guarantee of bandwidth or uninterrupted service. Your connection and the Wi-Fi speeds may not be suitable for some applications. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that neither Riyadh Air nor ViaSat will be liable for such interruptions. Virtual private network or other remote computer access (“VPN”) may be intermittent and may require multiple logins due to loss-es in connectivity, depending on your VPN provider’s security settings. You acknowledge and agree that neither Riyadh Air nor ViaSat has control over third-party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of Riyadh Air or ViaSat. Neither Riyadh Air nor ViaSat will be liable for any failure of performance if such failure is due to any cause beyond Riyadh Air’s or ViaSat’s reasonable control, including without limitation, acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, pandemic, satellite com-ponent failure, cable cut, storm or other weather or solar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficul-ties, supplier failures, shortages, breaches, or delays, or other failures or delays caused by you or your equipment.

6. Third-Party Content Disclaimer/ Links to Third Party Sites

Content provided by third parties (“Third-Party Content”) that you access through any aspect of the Ser-vice has not been independently authenticated in whole or in part by ViaSat or Riyadh Air, even if the Service provides a link to such content. Neither Riyadh Air nor ViaSat provides, sells, licenses, or leases any of the Third-Party Content other than that specifically identified as being provided by Riyadh Air in cooperation with ViaSat. Neither Riyadh Air nor ViaSat makes any warranty or representation, of any kind, regarding Third-Party Content accessed through the Service, and you access such content at your own risk. Neither Riyadh Air nor ViaSat shall be liable for any loss or damage arising from your reliance on Third-Party Content.

7. Acceptable Use Policy

Use of the Service is subject to the terms and conditions of ViaSat’s Acceptable Use Policy. ViaSat’s Ac-ceptable Use Policy is incorporated into these Terms and is accepted together with these Terms. You may review the Acceptable Use Policy by going to https://www.viasat.com/legal/ and selecting the In-Flight Wi-Fi Acceptable Use Policy.

8. General Use Restrictions and Intellectual Property

You are hereby granted the right to use the Service through a non-exclusive, non-transferable and non-assignable limited license solely for your personal use during your flight. You agree not to reproduce, duplicate, copy, sell, sublicense, transfer, resell or otherwise exploit your use of the Service or access to the Service for any other purpose. You further agree not to share your access to the internet connection provided through the Service by linking or tethering your connected device to another person’s device. All information, documents, products, and software (the “Materials”) provided with or through the Ser-vice are provided by ViaSat or its respective manufacturers, authors, developers, licensees, and vendors (the “Third-Party Provider(s)”) and are the copyrighted work of ViaSat and/or the Third-Party Provider(s). Except as permitted by applicable law or as otherwise stated herein, none of the Materials may be cop-ied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of ViaSat or the Third Party Provider(s). Ex-cept as expressly stated herein, you are not granted any intellectual property rights in or to the Service or Materials by implication, estoppel, or other legal theory. All rights in and to the Service and Materials not expressly granted herein are hereby reserved and retained by ViaSat and/or the Third-Party Provider(s), and such rights are protected by international copyright, design, patent, and trademark laws, interna-tional conventions, and other laws protecting intellectual property and related proprietary rights. You shall reimburse ViaSat and all Third-Party Provider(s) involved in providing the Service to you against all liabilities, costs and expenses (including all interest, penalties, legal costs and other reasonable profes-sional costs and expenses), damages and losses (including but not limited to any direct, indirect, special or consequential losses) suffered or incurred by ViaSat, or the Third-Party Provider, as applicable, arising out of or in connection with any claim for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with your use of the Service.

9. Export Laws

Your use of the Service is subject to all applicable export control laws and regulations, including U.S. ex-port control laws and any other applicable local laws or regulations, including but not limited to the laws and regulations of the United States of America and the Kingdom of Saudi Arabia. You represent and warrant that you are not a prohibited end user under applicable export control laws, regulations, and lists, including but not limited to the U.S. Treasury Department list of Specially Designated Nationals or Blocked Persons or under the laws of the Kingdom of Saudi Arabia, or any other relevant jurisdiction. You will not use the Service in any manner that would violate applicable law, including but not limited to, applicable export control laws and regulations.

10. Limits on Liability and Disclaimer of Warranties

The Service is provided on an "as is" and “as available” basis and neither Riyadh Air nor ViaSat makes any guarantees that the Service will be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. Neither Riyadh Air nor ViaSat guarantees that the Service will be free of viruses or other harmful components. Neither Riyadh Air nor ViaSat controls or directs content on the web properties of its sponsors.

TO THE EXTENT PERMITTED BY LAW, RIYADH AIR AND VIASAT DISCLAIM ALL WARRANTIES, WHETHER EX-PRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PAR-TICULAR PURPOSE.

YOU ARE USING A PUBLIC INTERNET CONNECTION AND YOU SHOULD TAKE ALL PRECAUTIONS FOR THE SE-CURITY OF YOUR DEVICE AND INFORMATION. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATE-RIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, RIYADH AIR’S MAXIMUM AGGREGATED LIABILITY TO YOU FOR ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AC-TUAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICE THAT IS THE SUBJECT OF YOUR CLAIM. VIASAT IS NOT A PARTY TO THESE TERMS AND SHALL HAVE NO LIABILITY TO YOU UNDER ANY CIRCUMSTANCES.

11. Indemnity

You agree to indemnify and hold harmless Riyadh Air and ViaSat from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of: (a) your use of the Service, including, but not limited to, content you submit, post, transmit or otherwise make available through the Service; (b) your violation of these Terms; or (c) your violation of any rights of any third party. At Riyadh Air’s or ViaSat’s expense and election, you agree to cooperate with Riyadh Air and/or ViaSat in connection with Riyadh Air’s and/or ViaSat’s defense. Other than as expressly stated in these Terms, these Terms shall not be deemed to create any rights in third parties.

12. Modifications and Termination

Riyadh Air may update these Terms at any time. Any updates to these Terms will be effective upon posting on the login page. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms. Riyadh Air may suspend or terminate access to the Service at its discretion and without notice.

13. Third Party Beneficiary

Although these Terms form a binding agreement solely between you and Riyadh Air, you acknowledge and agree that ViaSat, as Riyadh Air’s technical service provider for the Service, is an intended third-party beneficiary of these Terms. Accordingly, ViaSat shall be entitled to enforce, in its own name, those provi-sions of these Terms that limit liability, disclaim warranties, waive certain rights, or otherwise provide protections or benefits to ViaSat. All such provisions shall apply to ViaSat as if it were a party to these Terms.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Kingdom of Saudi Arabia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Riyadh, Kingdom of Saudi Arabia.

15. Contact

For questions regarding the Service, please refer to our website www.riyadhair.com.

For inquiries related to technical issues, you may also refer to:
ViaSat, Inc.
6155 El Camino Real, Carlsbad, CA 92009, USA
www.viasat.com

16. General

16.1. Call Monitoring and Recording. For quality assurance, and to the extent permitted by applicable law, Riyadh Air and ViaSat may record and/or monitor telephone calls and online chat sessions between its customers and its agents, employees and/or affiliates regarding the Service. To the extent permitted by applicable law, you (and anyone calling or otherwise contacting Riyadh Air or ViaSat with regard to your account or use of the Service) consent to any and all call and online chat session recording and monitor-ing performed by ViaSat or our agents, employees and/or affiliates.

16.2. Contact Information. Subject to applicable law, you agree that if you provide us with your wire-less phone number, any other telephone number, your billing address and/or e-mail address, we or our agents may contact you for any account-related issues: (a) by calling or texting you at such number(s) us-ing a prerecorded/artificial voice or text message delivered by an automatic telephone dialing system and/or using a call made by live individuals for any account-related issues, and/or (b) by sending an e-mail to such e-mail address. The consent provided here continues even after your Service terminates.

16.3. Entire Agreement. The Terms, as well as the additional online documents specifically incorpo-rated as a part of these Terms, constitute the entire and only agreement with respect to its subject matter between you, Riyadh Air and ViaSat, applicable also to all users of your account. The Terms supersede all representations, proposals, inducements, assurances, promises, agreements, and other communications with respect to its subject matter except as expressly set forth in these Terms.

16.4. Construction and Delegation. In the event that any provision of these Terms shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforcea-ble any other provision of these Terms and these Terms shall continue in full force and effect and be con-strued as if it did not contain the invalid or unenforceable provision.

16.5. Miscellaneous. If Riyadh Air and/or ViaSat fail to enforce any of these Terms, it will not be con-sidered a waiver of such Terms. Any amendment to or waiver of the Terms must be made in writing and signed by Riyadh Air and/or ViaSat. Headings used in these Terms are for convenience only and shall not be considered a part of these Terms or be used to construe its terms or meaning. The effective date of these Terms is the date that you first “accept” these Terms in order to access the Service. The provisions of these Terms, which by their nature should continue, shall survive any termination of the Terms. All of our rights and obligations under these Terms are freely assignable by Riyadh Air and/or ViaSat in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. We reserve all rights not expressly granted to you.

16.6. Feedback. We always appreciate your feedback and other suggestions about our products and services. We may use any feedback provided by you without any restriction or obligation to compensate you, and we are under no obligation to keep the feedback confidential. You may provide feedback or oth-er suggestions by contacting us using the email address specified above.

16.7. Language. These Terms are published in English and Arabic for convenience. The English language shall be the binding and controlling language for all matters relating to the meaning or interpretation of these Terms.