TERMS OF USE AND SOFTWARE LICENSE AGREEMENT (EULA)

SMARTCONTENTGUARD

Version: 2.3
Last updated: December 20, 2025
Effective date: From the date of installation or first use.

Acceptance of Terms
Purpose and License Grant
Permitted Use and Restrictions
Auxiliary Nature and Disclaimer of Liability
Updates, Modifications, and Termination
Intellectual Property
Privacy and Data
General Provisions
Military Use Restriction and Critical Operations
Contact

1. ACCEPTANCE OF TERMS

1.1. Full Agreement

By installing, accessing, or using SmartContentGuard (“SCG” or “Software”), you (“User”) fully agree to this Terms of Use and Software License Agreement (“Terms”) and to all other legal documents published at https://notamspot.com, including:

ICAO Annex 15 Compliance Statement
Privacy Policy.
Disclaimers

⚠️ IMPORTANT If you do not agree with any condition set forth herein, you should not install, access or use the Software.

1.2. Legal Capacity and Qualifications

By accepting these Terms, the User represents and warrants that:

They are at least 18 years old or of legal age in their jurisdiction.
They have the legal capacity to enter into binding contracts.
If acting on behalf of a legal entity, they are duly authorized to bind that organization.
They are not subject to legal restrictions that would prevent the use of the Software.
If using the Software in a professional aviation context, they hold the licenses, certifications, and ratings required by the applicable aviation authorities (ANAC, FAA, EASA, ICAO), as applicable.

2. PURPOSE AND LICENSE GRANT

2.1. Ownership

These Terms govern the license for the use of the SmartContentGuard Software, which is the exclusive property of Smart Content Guard LLC, a company organized under the laws of the State of Wyoming, United States of America (“Owner”), granted to the end User.

2.2. License Grant

The Owner grants the User a license with the following characteristics:

Personal: For individual use, either non‑commercial or commercial, as per the plan acquired.
Limited: Restricted to the documented features of the Software.
Non‑exclusive: The Owner may grant licenses to other users.
Non‑transferable: May not be assigned, sublicensed, or shared.
Revocable: May be revoked by the Owner in case of breach of these Terms.

Purpose: Exclusive use as an auxiliary visual highlighting tool for publicly available aeronautical information.

3. PERMITTED USE AND RESTRICTIONS

3.1. User Commitment

The User agrees to use the Software in accordance with:

These Terms and the supplemental documents.
Applicable laws (LGPD, CCPA, aviation regulations, etc.).
Good information security practices.
Professional aviation codes of ethics.

3.2. Explicit Use Restrictions

The User is expressly prohibited from:

a) Reverse Engineering: Copying, modifying, translating, adapting, decompiling, reverse engineering, or creating derivative works based on the Software, except where expressly permitted by law.
b) Redistribution: Sublicensing, renting, assigning, selling, distributing, or making the Software available to third parties, in whole or in part.
c) Unlawful Use: Using the Software for unlawful, unethical, fraudulent purposes or in violation of operational safety rules.
d) Use in Critical Systems: Integrating the Software into certified systems, onboard equipment, or environments that require safety‑critical certification.
e) Removal of Notices: Removing, hiding, or modifying copyright notices, trademarks, or legal notices.
f) Malicious Use: Using the Software to develop, test, or distribute malware, spyware, or malicious code.

3.3. Responsibility for Data

The User is solely and exclusively responsible for:

Data entered, accessed, or processed through the Software.
Operational decisions made based on the information displayed.
Verifying accuracy, timeliness, and completeness of information in official sources.
Compliance with their organization’s Standard Operating Procedures (SOPs).

3.4. Compliance Audit (Corporate Licenses)

The Owner reserves the right to audit the use of the Software in corporate environments to verify compliance with the license terms.

The corporate User agrees to:

Provide information on the number of active installations.
Cooperate with audits upon 15 (fifteen) business days’ prior notice.
Maintain usage records for a minimum period of 24 (twenty‑four) months.

4. AUXILIARY NATURE AND DISCLAIMER OF LIABILITY

4.1. Auxiliary Nature of the Software

The Software is strictly auxiliary and informational in nature and does not replace:

Official publications (AIP, NOTAM, AIRAC, aeronautical charts).
Certified corporate systems.
Official meteorological bulletins (METAR, TAF, SIGMET, AIRMET).
Operational documentation or procedure manuals.
Regulatory sources issued by aviation authorities, regulators, or official information providers.

4.2. Limited Technical Functioning

The Software is a PASSIVE VISUALIZATION SYSTEM and is limited to:

Visually highlighting predefined keywords and textual patterns in existing content.
Applying color markings to identified terms without altering the original text.
Presenting basic descriptive statistics (count of occurrences, visual categorization).
Facilitating navigation and reading through interface features (scrolling, filters, widgets).

4.3. What the Software DOES NOT Do

The Software expressly DOES NOT:

❌ Alter, modify, delete, add to, or rewrite content from the consulted sources.
❌ Interpret the operational, contextual, or technical meaning of information.
❌ Process data to generate new information, conclusions, or derivative analyses.
❌ Recommend, suggest, or indicate courses of action or operational decisions.
❌ Replace human analysis, professional judgment, or verification in primary sources.
❌ Make automated or semi‑automated decisions.
❌ Validate, certify, or attest to the accuracy, timeliness, or integrity of information.
❌ Decode or interpret official codes (NOTAM, METAR, TAF, SIGMET).
❌ Function as a control system, critical alert system, or aircraft‑integrated interface.

4.4. Functional Analogy

For technical and legal understanding, the Software functions similarly to:

✓ A physical highlighter applied to printed documents.
✓A textual search tool (the “Find” function in Microsoft Word or Adobe Acrobat).
✓ A visual indexer of content already published on web pages.

The Software is NOT comparable to:

✗ Certified Electronic Flight Bag (EFB) systems (Class 1, 2, or 3).
✗ Decision Support Systems (DSS).
✗ Critical control or navigation systems.
✗ Software subject to DO‑178C, DO‑160, or equivalent certification.

4.5. Visual Classification System (Internal Scale)

The software uses a color-coded system (🔴 Critical, 🟠 Warning, 🔵 Informative) that constitutes a INTERNAL SCALE OF PERCEPTION Developed by the Owner.

This rating:

❌ NOT reflect official risk classification by aeronautical or meteorological authorities.
❌ NOT indica aprovação, validação ou certificação por ICAO, WMO, DECEA, ANAC, FAA, EASA
❌ NOT constitui análise de risco operacional certificada
❌ NOT substitui julgamento profissional qualificado
✓ Is based on textual pattern recognition, not contextual operational analysis.
✓ May contain false positives, false negatives, omissions, or misclassifications.

4.6. Specific Notices by Information Category

4.6.1. NOTAM (Notices to Airmen)

NOTAM information highlighted by the Software:

Does NOT constitute an official analysis of the Aeronautical Information Service (AIS)
Does NOT constitute operational clearance or air authorization
Does NOT substitute mandatory official pre-flight briefing
Does NOT replace consultation of official NOTAM systems (AISWEB, FAA NOTAM Search, EUROCONTROL, etc.).

4.6.2. Meteorological Information (METAR, TAF, SIGMET, AIRMET)

Meteorological information highlighted by the Software:

Does NOT decode or interpret official weather codes
Does NOT validate meteorological observations or forecasts
Does NOT substitute mandatory official meteorological briefing
Does NOT replace consultation of certified MET services (REDEMET, Aviation Weather, etc.).

4.6.3. Mandatory Official Sources

The User is ENTIRELY AND EXCLUSIVELY RESPONSIBLE for consulting:

NOTAM e AIS:

AISWEB (Brazil): https://aisweb.decea.mil.br
FAA NOTAM Search (USA): https://notams.aim.faa.gov
FAA 1800wxbrief (EUA): https://www.1800wxbrief.com
EUROCONTROL (Europe): https://www.public.nm.eurocontrol.int

Meteorology:

REDEMET (Brazil): https://www.redemet.aer.mil.br
Aviation Weather (USA): https://www.aviationweather.gov

4.7. No Specific Warranties

To the maximum extent permitted by applicable law, the Owner does NOT warrant that the Software:

Will be free from errors, failures, interruptions, or bugs.
Will be compatible with all systems, browsers, or configurations.
Will meet all specific objectives of the User.
Will operate continuously or without updates.
Will detect all relevant or critical information.

4.8. Limitation of Liability

To the maximum extent permitted by law, the Owner shall not be liable for:

Direct, indirect, incidental, or consequential damages.
Loss of profits, data loss, or loss of opportunities.
Operational decisions made based on the information displayed.
Airspace violations, regulatory breaches, or operational procedure violations.
Incidents, accidents, or safety‑of‑flight risks.
Incompatibilities with third‑party systems or changes in data sources.

This limitation applies even if the Owner has been advised of the possibility of such damages.

4.9. Acknowledgment and Acceptance

BY USING THIS SOFTWARE, USER EXPRESSLY DECLARES:

✓ UNDERSTAND that the Software is a passive visualization system with no decision‑making function.
✓ ACKNOWLEDGE that the Software does not alter data, does not generate information, and does not recommend actions.
✓ FULLY ASSUME responsibility for decisions made based on information displayed.
✓ COMMIT to verifying all information in official sources before any operational decision.
✓ RELEASE the Owner from liability for decisions, interpretations, or actions arising from the use of the Software.

5. UPDATES, MODIFICATIONS, AND TERMINATION

5.1. Right to Modify

The Owner may, at its sole discretion:

Update, modify, or discontinue Software features.
Temporarily or permanently suspend access to the Software.
Change technical requirements, compatibility, or interfaces.
Introduce new features or remove existing ones.

5.2. Changes to These Terms

These Terms may be amended by:

Publishing a new version at https://notamspot.com
Notifying Users via the extension or by email, where applicable.

Maintaining a version history on the official extension pages (Chrome Web Store, Firefox Add‑ons, Microsoft Edge Add‑ons).

Continued use of the Software after an update constitutes acceptance of the new conditions.

5.3. Termination and Cancellation

By the User:

The User may stop using the Software at any time by:

Uninstalling the browser extension.
Removing access permissions.
Ceasing to access or use the Software.

By the Owner:

The Owner may revoke the license immediately in case of:

Breach of any clause of these Terms.
Unlawful, fraudulent, or malicious use of the Software.
Attempts at reverse engineering, modification, or unauthorized redistribution.

Refund policy (if applicable):

Free plans: May be canceled at any time without prior notice.
Paid plans (when available): Immediate cancellation without proportional refund, unless otherwise required by law.

6. INTELLECTUAL PROPERTY

6.1. Owner's Rights

All intellectual property rights relating to the Software belong exclusively to the Owner, including:

Source code, algorithms, and program logic.
Graphical interface, design, and layout.
Trademarks, logos, and visual identity.
Technical documentation and manuals.
Database of terms and classifications.

6.2. Nature of the License

These Terms do NOT:

Transfer intellectual property rights to the User.
Transfer ownership of the Software.
Authorize commercial use beyond the scope of the granted license.

They only grant the limited license of use described in Clause 2.

7. PRIVACY AND DATA

7.1. Privacy Policy

Any personal data collected or processed by the Software is governed by the Privacy Policy available at:

https://notamspot.com/privacy-policy

7.2. Consent

By using the Software, the User declares that they:

Have read and fully understood the Privacy Policy.
Agree with the data processing described therein.
Are aware of their rights as personal data subjects.

7.3. Compliance with Data Protection Laws

The Data Controller processes personal data in compliance with applicable data protection laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and other applicable privacy regulations.

7.4. Sensitive and Special Categories of Data

The Software does NOT collect, process, or store:

Sensitive data (racial/ethnic origin, religious beliefs, health data).
Information from aeromedical certificates (CMA).
Biometric or genetic data.
Information on union or political affiliation.

Important: If the User voluntarily enters sensitive data into text fields processed by the Software, the Owner:

Does NOT store or process such data on its servers.
Is NOT responsible for any inadvertent exposure.
Recommends the exclusive use of non‑sensitive operational data.

7.5. Data Retention and Deletion

Retention periods:

Usage data (logs, statistics): kept for up to twelve (12) months.
Account data (if applicable): kept while the account remains active.
After cancellation: anonymous/aggregated data may be retained indefinitely.
Identifiable personal data: deleted within up to thirty (30) days after cancellation.

The User can request immediate deletion through: privacy@notamspot.com

7.6. International Data Transfers

The Software processes data locally in the browser. When applicable, transfers to service providers in the United States and European Union follow the legal bases described in the Privacy Policy (Section 9).

List of subprocessors: https://notamspot.com/en-us/subprocessors/

7.7. Data Subject Rights

To exercise privacy rights (access, correction, deletion, data portability, etc.), contact: privacy@notamspot.com. Response time: Up to 15 business days. Full details in the Privacy Policy (Section 7).

7.8. Security Incidents

In the event of relevant security incidents, data subjects will be notified as required by applicable law. Communication channel: security@notamspot.com

See Privacy Policy (Section 11) for details.

7.9. U.S. Privacy Rights

For Users residing in the United States, in addition to the rights described above, the following apply:

7.9.1. CCPA/CPRA (California)

California residents have the right to:

Know what categories and specific pieces of personal information we collect.
Delete: request deletion of personal information collected.
Opt out: refuse the sale or sharing of personal information.
Correct inaccurate personal information.
Non‑discrimination for exercising privacy rights.

Non‑sale statement: The Owner does not sell Users’ personal information as defined by CCPA/CPRA.

7.9.2. Other U.S. State Privacy Laws

The Owner also recognizes and respects privacy rights under other U.S. state laws, including:

Virginia Consumer Data Protection Act (VCDPA)
Colorado Privacy Act (CPA)
Connecticut Data Privacy Act (CTDPA)
Oregon Consumer Privacy Act (OCPA)

To exercise privacy rights (U.S. residents): privacy@notamspot.com

8. GENERAL PROVISIONS

8.1. Waiver

Any failure by the Owner to enforce any provision of these Terms

This will NOT imply a waiver or novation.
This will NOT affect the right to demand fulfillment of the obligation at any time.
It will NOT create a precedent or expectation of future tolerance.

8.2. Severability

If any provision of these Terms is held invalid, unenforceable, or contrary to applicable law, the remaining provisions will remain in full force and effect.

8.3. Governing Law and Dispute Resolution

8.3.1. Applicable Legislation

These Terms are governed by the laws of the State of Wyoming, United States of America, without regard to conflict‑of‑law rules.

8.3.2. Dispute Resolution

Any disputes, controversies, or claims arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA), under its Commercial Arbitration Rules, with the following conditions:

Arbitration venue: Cheyenne, Wyoming, USA (or online by mutual agreement)
Language: English - Number of arbitrators: One (1) arbitrator
Class action waiver: User agrees to resolve disputes individually and waives the right to participate in class actions or class arbitrations.

Exception: The Owner reserves the right to seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.

8.4. Force Majeure

The Owner shall not be liable for delays, failures, or non‑performance of obligations resulting from events beyond its reasonable control, including:

Natural disasters (earthquakes, floods, hurricanes).
Failures in third‑party internet infrastructure.
Cyberattacks (DDoS, ransomware, intrusions).
Unexpected regulatory changes or new legislation.
Changes in third‑party APIs or systems (AISWEB, REDEMET, Aviation Weather, AIS/MET providers).
Pandemics, epidemics, or public health emergencies.
Wars, armed conflicts, terrorist acts, or political instability.

9. MILITARY USE RESTRICTION, CRITICAL OPERATIONS AND NATIONAL SECURITY

9.1. Non-Certified Nature of the Software

SmartContentGuard is NOT certified, approved, or authorized by any aeronautical or military authority for use in:

Military air operations (training, combat, reconnaissance).
Classified or national security missions.
Critical flight control or navigation systems.
Operations requiring DO‑178C, DO‑160, or equivalent certification.
Environments where software failure may result in catastrophic damage.

9.2. Express Prohibition for Critical Environments

The User acknowledges that the Software:

❌ Does NOT replace certified EFB (Electronic Flight Bag) systems.
❌ Must NOT be used as a primary source of operational information.
❌ Is NOT suitable for military, law‑enforcement, or public‑security operations.
❌ Must NOT be installed on classified government networks.
❌ Does NOT provide redundancy, fail‑safe mechanisms, or critical certification.

9.3. Specific Disclaimer

To the maximum extent permitted by law, the Owner disclaims liability for:

Use of the Software in military or defense operations.
Violations of restricted airspace (TFR, FIR, prohibited areas).
Incidents involving military or governmental aircraft.
National security failures attributed to the Software.
Judicial, administrative, or disciplinary proceedings in a military context.

9.4. Export Control and International Compliance

The User acknowledges that the Software may be subject to:

U.S. export control laws: Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR).
U.S. sanctions: Office of Foreign Assets Control (OFAC).
Brazilian and other applicable export control laws.

The User agrees to:

NOT use, export, or re‑export the Software to countries subject to U.S. embargoes (Cuba, Iran, North Korea, Syria, Crimea/Russia, etc.).
NOT use the Software in violation of sanctions or restricted‑entity lists (SDN List, Entity List).
Ensure compliance with all applicable export control laws.

It is the User’s sole responsibility to verify whether use of the Software is lawful in their jurisdiction.

9.5. Express Acknowledgment

BY USING THIS SOFTWARE, THE USER DECLARES THAT THEY:

✓ HAVE READ AND UNDERSTOOD this Clause 9 in full.
✓ RECOGNIZE that the Software is NOT suitable for military or critical operations.
✓ ASSUME full responsibility for any use in restricted environments.
✓ RELEASE the Owner from liability for military, governmental, or critical operational use.

10. Contact

For technical questions, questions about these Terms, or support:

General Support: support@notamspot.com
Privacy and Data: privacy@notamspot.com
Security and Incidents: security@notamspot.com
Website: https://notamspot.com

Legal Address (Registered Agent):
Smart Content Guard LLC
[Registered Agent Address] Cheyenne, WY 82001, USA

Version: 2.3
Effective Date: December 20, 2025
Document Terms of Use and Software License Agreement (EULA)
Compliance LGPD, CCPA/CPRA, ICAO Annex 15, Wyoming law