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Terms of Service

Last updated: 2026-06
Version: 2026-06

1. Agreement to Terms

By accessing and using topsky.app (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

TopSky is a trading name of Mariusz Laszewski, trading as Zatto Dev ("we," "us," "our," or "Company") operates the Service. These Terms constitute a binding legal agreement between you and the Company.

2. Eligibility

  • You must be at least 13 years of age (or the equivalent minimum age in your jurisdiction) to use the Service.
  • If you are under 18, you represent that you have parental or guardian consent.
  • By using the Service, you warrant that you have the legal capacity to enter into this agreement.
  • We reserve the right to terminate accounts of users who violate age requirements.

3. Service Description

topsky.app is a community-driven platform for:

  • Creating, uploading, and sharing flight simulation liveries (aircraft paint schemes)
  • Discovering and downloading community-created liveries
  • Rating, reviewing, and discussing liveries with other users
  • Reporting bugs or issues with liveries
  • Managing personal profiles and activity history

The Service is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted access, error-free operation, or that all features will function at all times.

4. User Accounts

4.1 Account Creation

To create an account, you must provide:

  • A unique username (3–30 characters)
  • A valid email address
  • A secure password
  • Agreement to these Terms and our Privacy Policy

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

4.2 Account Termination & Suspension

  • By you: You can delete your account at any time via Settings → Account → "Delete Account" (irreversible).
  • By us: We may suspend or terminate your account if you:
    • Violate these Terms
    • Engage in harassment, spam, or abuse
    • Upload illegal or harmful content
    • Breach intellectual property rights
    • Repeatedly bypass security measures or rate limits
    • Engage in unauthorized access attempts

We will attempt to provide notice before termination, except in cases of severe abuse or security threats.

4.3 Account Data Upon Deletion

When you delete your account:

  • Your profile, credentials, and avatar are permanently deleted
  • Your activity data (bug reports, ratings, comments) is deleted or anonymized per our Privacy Policy
  • This action cannot be undone
  • Backups containing your data will expire per the backup retention policy (database retention lifecycle rule enforced)

5. User-Generated Content (UGC)

5.1 What Constitutes UGC

"User-Generated Content" includes:

  • Livery files (paint schemes, textures)
  • Titles, descriptions, tags, and metadata for liveries
  • Bug reports and technical feedback
  • Comments, reviews, and ratings
  • Images, videos, or other attachments you upload

5.2 Your Rights & Responsibilities

You represent and warrant that:

  • You own or have the legal right to share all UGC you upload
  • Your UGC does not infringe third-party intellectual property rights (copyrights, trademarks, patents)
  • Your UGC does not contain malware, viruses, or malicious code
  • Your UGC complies with applicable laws and does not promote illegal activity
  • You have not copied UGC from others without permission

You are solely responsible for any damages or disputes arising from your UGC.

5.3 License You Grant to Us

By uploading UGC to topsky.app, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Store and host your UGC
  • Display and distribute your UGC to other users
  • Create backups and archives
  • Remove or modify UGC that violates these Terms
  • Use anonymized usage data for analytics and improvement

You retain ownership of your UGC. This license does not grant us the right to use your UGC for commercial purposes outside the Service without your consent.

5.4 Content Moderation

We reserve the right to:

  • Remove or disable access to UGC that violates these Terms
  • Suspend or ban users who repeatedly upload prohibited content
  • Investigate reports of copyright infringement or abuse

We are not responsible for monitoring all UGC in real-time. Users are encouraged to report violations via the reporting system.

6. Prohibited Conduct

You agree not to:

6.1 Illegal Activity

  • Upload or distribute content that is illegal in any jurisdiction where you or we operate
  • Use the Service to facilitate fraud, hacking, or unauthorized access
  • Violate applicable aviation, trademark, copyright, or data protection laws

6.2 Intellectual Property Infringement

  • Upload liveries that copy, modify, or misrepresent protected trademarks, airline brands, or logos without permission
  • Claim ownership of content created by others
  • Circumvent rights management or DRM systems

6.3 Malware & Security Threats

  • Upload files containing viruses, trojans, ransomware, or other malicious code
  • Attempt unauthorized access to accounts, servers, or databases
  • Exploit security vulnerabilities for malicious purposes
  • Perform DDoS attacks or other disruption attempts

6.4 Harassment & Abuse

  • Use the Service to harass, threaten, defame, or discriminate against other users
  • Spam, flood, or disrupt the Service or user discussions
  • Engage in coordinated campaigns to damage others' reputation or accounts

6.5 Commercial Misuse

  • Resell or redistribute content from topsky.app for profit
  • Use the Service to promote competing platforms or external projects without permission
  • Mass-scrape or automate access to the Service for data harvesting
  • Sell access to premium or restricted content

6.6 Impersonation & Fraud

  • Claim false identity or credentials
  • Misrepresent affiliation with creators, airlines, or organizations
  • Create fake reviews or artificially manipulate ratings

7. Intellectual Property Rights

7.1 Service & Platform IP

All content created by the Company (software, design, documentation, trademarks) is our exclusive property or licensed to us. You may use the Service only for personal, non-commercial purposes.

7.2 Creator Rights

Creators retain ownership of their original livery designs. By uploading to topsky.app, creators grant users a non-exclusive license to download and use liveries for personal, non-commercial purposes only (in flight simulation software).

7.3 Third-Party Content

Some liveries may incorporate airline trademarks, logos, or intellectual property owned by third parties. Creators and users are responsible for ensuring proper rights and licenses.

8. Liability & Disclaimers

8.1 "As Is" Disclaimer

The Service is provided "as is" without warranties of any kind. We do not warrant that:

  • The Service will be error-free or uninterrupted
  • Liveries will be compatible with all flight sim software versions
  • Content quality, accuracy, or legality of UGC
  • Downloaded files are virus-free or malware-free
  • Your data will be preserved in event of catastrophic failure

8.2 Assumption of Risk

You assume all risk associated with:

  • Downloading and using liveries (compatibility, performance, crashes)
  • Storing data on our servers (loss, corruption, unauthorized access)
  • Third-party actions (malicious users, harassment)

8.3 Limitation of Liability

To the fullest extent permitted by law, we are not liable for:

  • Indirect, incidental, consequential, special, or punitive damages (lost profits, lost data, business interruption, reputational harm) arising from your use of the Service, even if advised of the possibility of such damages
  • Direct damages exceeding the fees you paid us in the last 12 months (or $0 if no fees were paid)
  • Third-party actions, including user harassment, copyright disputes, or malicious uploads
  • Service unavailability, data loss, or corruption

8.4 No Endorsement

We do not endorse, verify, or assume responsibility for the quality, safety, legality, or licensing of user-uploaded liveries. It is your responsibility to evaluate content before download and use.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, employees, and agents from any claims, damages, or costs arising from:

  • Your violation of these Terms
  • Your UGC or use of the Service
  • Your infringement of third-party intellectual property rights
  • Your unlawful conduct

This includes reasonable attorneys' fees and costs of defense.

10. Termination

10.1 Termination by You

You can close your account at any time via Settings → Account → "Delete Account." Upon deletion, your data will be removed per our Privacy Policy.

10.2 Termination by Us

We may terminate or suspend your account immediately if:

  • You violate these Terms (Section 6)
  • You engage in abuse, harassment, or security threats
  • Legal or regulatory circumstances require termination

Effect of termination:

  • Your access to the Service is revoked
  • You lose the ability to download, upload, or interact
  • UGC may be removed or archived
  • You remain liable for violations committed before termination

11. Modifications to Terms & Service

11.1 Changes to Terms

We may modify these Terms at any time. Changes will be posted here with an updated "Last updated" date and "Version" number. Continued use after posting updates constitutes acceptance.

11.2 Changes to Service

We reserve the right to:

  • Add, remove, or modify features
  • Suspend or discontinue parts of the Service
  • Change pricing (if applicable in future)
  • Impose new rate limits or quotas

We will attempt to provide notice of material service changes, but we are not obligated to maintain backward compatibility or preserve legacy functionality.

12. Fees & Payment

  • topsky.app is currently free to use
  • Paid features (if introduced in future) will have clearly disclosed pricing
  • All payments are non-refundable except where required by law
  • We reserve the right to charge fees in the future with 30 days' notice

13. Privacy & Data Protection

Your use of the Service is governed by our Privacy Policy (available at /privacy). By using the Service, you consent to the data practices described therein.

14. Export Controls & Sanctions

You agree not to use or provide the Service to persons or entities:

  • Located in countries subject to US, EU, or UN sanctions
  • Listed on prohibited-party lists (SDN, EU sanctions list, etc.)
  • Involved in weapons manufacturing or development

The Service may not be used in violation of export control laws or regulations.

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict-of-law provisions.

15.2 Dispute Resolution

Informal Resolution:

  • Before initiating formal proceedings, contact us at kontakt@top-sky.eu to attempt amicable resolution within 30 days.

Formal Resolution (Litigation):

  • Any dispute arising out of or relating to these Terms shall be resolved in the exclusive jurisdiction of the courts of England and Wales. You irrevocably consent to the jurisdiction and venue of these courts.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and the Company regarding the Service. Any prior negotiations, understandings, or agreements are superseded.

17. Severability

If any provision of these Terms is found invalid or unenforceable, that provision is severed, and the remaining Terms remain in full force.

18. Waiver

Failure to enforce any right or provision does not waive that right. Our waiver of a breach on one occasion does not waive future breaches.

19. Assignment

You may not assign your rights or obligations under these Terms without our consent. We may assign these Terms to successors or in connection with merger, acquisition, or sale of assets.

20. Contact & Support

For questions about these Terms, account issues, or to report violations:

Email: kontakt@top-sky.eu

End of Terms of Service

Acceptance

By clicking "Sign Up" or "I Agree" during registration, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. You also consent to the processing of your personal data as described in our Privacy Policy.