1. Parties

1. "Invernyx", "TFDi Design", "us", "our", or "The Company" means Invernyx, Inc. with a registered office of 27524 Cashford Circle, Suite 102, Wesley Chapel, Florida, 33544.
2. "Developer" or "you" means the individual or entity creating plugins that interface with smartCARS 3.
3. "smartCARS", "smartCARS 3", or "Platform" means the flight tracking software designed and developed by Invernyx, Inc. d.b.a. TFDi Design.

2. Definitions

1. "Content" or "Plugin" refers to your plugin or other Content that directly interacts with the smartCARS 3 application.

3. Intellectual Property Rights

1. Our licence to you: Subject to compliance with the terms outlined in this document and other Invernyx legal policies, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable licence to use, access, and integrate with the Platform, but only to the extent outlined in this document. You may not sell, transfer, or sublicence smartCARS 3 to anyone. Unless outlined in this document, you may not use, access, integrate with, modify, translate, create derivatives of, reverse engineer, or otherwise exploit smartCARS 3 or any aspect thereof.
2. Your licence to us: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to host, use, distribute, modify, run, copy, publicly display, translate or derive any information, data, or Content made available by you to us for any business purpose in connection with smartCARS 3. Nothing in these terms will be interpreted as a representation or agreement that we will not, or have not, developed apps, products, features, or services similar to or competing with your Content.
3. Your name, trademarks, and logos: You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide licence to use your name, trademarks, and logos for distribution, marketing, and promotional purposes, in connection with your use of Invernyx services, in all formats and media. This license remains in effect for existing materials even if you stop using the Platform.

4. The Rights of Others and Data Use

1. You will not provide or promote Content in your Plugin that infringes or attempts to infringe the rights of any third party.
2. You will obtain and maintain all rights necessary from any and all holders to grant the licences, rights, and permissions in these terms to display, distribute, and deliver all Content in your Plugin and otherwise operate your Plugin.
3. If your Plugin contains Content from third parties you must comply with all applicable laws and regulations to respond to notices of claimed infringement. In the United States, you must additionally be compliant with the Digital Millennium Copyright Act.
4. Personally-identifiable information, including, but not limited to, email addresses, names, TFDi Design account user IDs, or session tokens, must not be stored on third-party services. Pilot IDs (specific to the Virtual Airline), flight history and other non-personally identifiable data may be stored.

5. General Terms

1. The Plugin must not contain any illicit content, including, but not limited to, spyware, malware, keylogging software, or viruses. This is defined as any content that causes, or attempts to cause, unintended or malicious side effects or collecting data for improper use.
2. The plugin may not directly or indirectly compete with any feature of any Invernyx, Inc. product, including smartCARS Premium and PACX. Plugins that replace or enhance the default functions of smartCARS 3 are acceptable. If it enhances a Premium feature, it must be require an active smartCARS Premium subscription.
3. You must ensure that all uploaded Content is done so with an accurate name and contact details. This name may be that of a registered company to which you are affiliated for the purpose of distribution of the plugin.
4. All Plugins uploaded to smartCARS 3 are subject to review and audit by the Company at any time and may be removed without notice. Invernyx, Inc. reserves the right to remove, deny, or block any Plugin or developer from uploading or distributing Content through Invernyx, Inc..
5. Invernyx may audit any plugin at any time to ensure and monitor compliance with these terms. If, through the audit process, it is discovered that remedial actions must be taken, you will be allotted ten (10) business days via written notice (email) to comply with the request. If it is decided in our sole discretion that immediate attention is required, the Plugin may be removed from distribution. You must cooperate with the audit process and resolve non-compliance as soon as reasonably practicable.
6. If you require clarification regarding these terms, please email sc3content[at]tfdidesign.com.

6. Indemnification

1. If anyone brings a claim against Invernyx related to your use of the Platform, your processing of data, your Content and any logos, products, services, or actions in connection with the Platform, you will indemnify and hold Invernyx harmless from, and against, all damages, losses, and expenses of any kind related to any claim, cause of action, or dispute.