GENERAL TERMS AND CONDITIONS OF USE - KRISTAL.AIR

Version 2.1 · 05/09/2026 · English

KRISTAL.air mobile application and website - Free service for private pilots

PREAMBLE

KRISTAL AERONAUTIQUE, société à responsabilité limitée with share capital of €10,000, RCS Montpellier 412 462 285, registered office 61 rue Frédéric Mistral, 34400 Lunel - France ("KRISTAL"), publishes and operates the KRISTAL.air mobile application as well as the website kristalair.kristal.aero, hereinafter together referred to as the "Application".

The Application is a free tool made available to private pilots, offering community functions, the organization of aviation competitions (KRISTAL CUP, TDP, ANR, and other formats), flight sharing and feedback, and the broadcast of content from partner brands.

These General Terms and Conditions of Use ("T&Cs") govern the relationship between KRISTAL and any user of the Application ("User").

KRISTAL Air for the Flying Community® is a registered trademark with the French INPI (filed June 15, 2021, classes 9-35-38-39-41-45).

Definitions
Purpose and Scope
Acceptance of the T&Cs
Conditions of Access and Registration
User Account
Description of the Service
Pilot's Responsibility - Pilot in Command Status (essential clause)
Nature of the Application - Informational tool not a substitute
Competitions and challenges (KRISTAL CUP, TDP, ANR, etc.)
Flights inspired by Application data
User Content - Ownership and License
Prohibited behaviors
Moderation - Reporting of illegal content
Suspension and account closure
Permissions and access to device functions
Sponsoring and advertising content
Personal data
Intellectual property
Service availability
Limitation of KRISTAL's liability
Minors
Distribution platform conditions
Modification of the T&Cs
Assignment
Severability
Mediation and dispute resolution
Governing law and jurisdiction

ARTICLE 1 - DEFINITIONS

"Application": the KRISTAL.air mobile application and the associated website kristalair.kristal.aero.
"User Account": personal area created by the User on the Application.
"User Content" or "UGC": any content (text, image, photo, video, audio, message, flight route, ranking, comment, metadata) posted, shared, or uploaded by a User on the Application.
"Competitions" or "Challenges": all aviation challenges and events organized by KRISTAL via the Application, including in particular:
KRISTAL CUP: flagship annual competition;
TDP (Tour de Piste): precision challenge on traffic pattern;
ANR (Air Navigation Race): aviation navigation race;
any other format that KRISTAL may add to the Application.
"Pilot" or "User": any natural person holding a pilot license or qualification, accessing and using the Application.
"Sponsor": any partner brand having concluded a sponsoring contract with KRISTAL for visibility within the Application.

ARTICLE 2 - PURPOSE AND SCOPE

2.1 These T&Cs are intended to define the conditions of use of the Application and the respective obligations of KRISTAL and the User.

2.2 The Application is intended for private pilots within the meaning of applicable aviation regulations. It is not intended for commercial or operational professional use.

2.3 The Application is made available to Users free of charge. KRISTAL receives no direct remuneration from Users. The service is financed by sponsoring contracts concluded with partner brands (Article 16).

ARTICLE 3 - ACCEPTANCE OF THE T&Cs

3.1 Registration and use of the Application constitute full and complete acceptance of these T&Cs in their version in force on the date of registration or use.

3.2 Acceptance is materialized by separate checkboxes when creating the User Account:

Acceptance of the T&Cs;
Acceptance of the Personal Data Protection Policy;
Express acknowledgment of pilot in command responsibility (Article 7).

3.3 No use of the Application is possible without express validation of these three acknowledgments.

ARTICLE 4 - CONDITIONS OF ACCESS AND REGISTRATION

4.1 Use of the Application requires:

A compatible device (smartphone, tablet) connected to the Internet;
Download of the mobile application from the Apple App Store or Google Play, or access to the website kristalair.kristal.aero;
Creation of a User Account.

4.2 Registration is free and open to adults holding a current pilot license or qualification, or to pilots in training subject to the conditions of Article 21.

4.3 Upon registration, the User undertakes to provide accurate, up-to-date, and complete information, and to update it in case of changes.

4.4 The User acknowledges being solely responsible for the truthfulness of the information it declares, in particular the validity of its licenses, qualifications, and flight authorizations.

ARTICLE 5 - USER ACCOUNT

5.1 The User Account is strictly personal. The User undertakes to protect its credentials (login and password) and not to communicate them to third parties.

5.2 Any operation carried out from the User Account is deemed to have been carried out by the User itself. KRISTAL shall not be liable for the consequences of use by a third party resulting from a fault attributable to the User.

5.3 The User may at any time delete its Account from the Application settings. Deletion entails the deletion of personal data in the conditions of the Personal Data Protection Policy.

ARTICLE 6 - DESCRIPTION OF THE SERVICE

6.1 The Application offers, for indicative and non-limiting purposes, the following functionalities:

Creation and customization of a pilot profile;
Recording, sharing, and consultation of flights (tracks, data, performance);
Participation in Competitions and Challenges: KRISTAL CUP, TDP (Tour de Piste), ANR (Air Navigation Race), and any other format offered by KRISTAL;
Community space: posts, comments, photos, exchanges between pilots;
Broadcast of editorial content and content of partner sponsor brands;
Notifications and information messages.

6.2 KRISTAL may, at its discretion, evolve, add, or remove any functionality, without engaging its liability.

ARTICLE 7 - PILOT'S RESPONSIBILITY - PILOT IN COMMAND STATUS

Essential clause to be read carefully.

7.1 The User expressly acknowledges that, in its capacity as pilot / pilot in command, it is solely responsible for:

The preparation of its flight: route, weather (METAR, TAF, SIGMET), NOTAM, AIP, aircraft performance, mass and balance, autonomy, alternates, conditions of the day;
The conduct of its flight and operational decisions: decision to depart or not ("go / no-go"), abort, divert, maintenance of regulatory minima, emergency management;
Compliance with applicable aviation regulations: SERA (Standardised European Rules of the Air), Part-FCL (licenses and qualifications), AIR-OPS, airspace, MTOW, mandatory equipment, special authorizations;
The validity of its license, qualifications, medical fitness, and required special authorizations;
The conformity of the aircraft used: valid airworthiness certificate, maintenance program, conformity to POH/AFM limitations.

7.2 These responsibilities are statutory and result in particular from Article L6131-2 of the French Transport Code, the SERA, Regulation (EU) No. 1178/2011 (Part-FCL), and ICAO regulations.

7.3 Use of the Application does not in any way reduce, modify, or transfer these responsibilities. The Pilot remains, in all circumstances, the sole judge of the safety of its flight.

7.4 KRISTAL is neither a flight operator, nor an aviation training organization, nor an official aviation information service, nor a regulatory authority. KRISTAL gives no flight instruction, nor any operational technical advice to the User.

ARTICLE 8 - NATURE OF THE APPLICATION - INFORMATIONAL TOOL NOT A SUBSTITUTE

8.1 The Application is an information and community tool. It is not:

A certified aviation navigation system;
An EFB (Electronic Flight Bag) within the meaning of EASA AMC or FAA regulations;
An operational decision support system;
A substitute for the official preparation of the flight;
A substitute for official sources of aviation information (METAR, TAF, NOTAM, AIP, SUP AIP, official charts SIA / Eurocontrol / Jeppesen, aircraft MEL).

8.2 Data, content, and information broadcast via the Application - whether from KRISTAL, Sponsors, or other Users - are provided for purely informational purposes, without warranty of accuracy, exhaustiveness, freshness, availability, or suitability for a particular use.

8.3 The User undertakes to systematically cross-check information consulted in the Application with official sources prior to any flight. No operational flight decision may rely on Application data alone.

8.4 KRISTAL shall not be liable for the consequences of any flight decision taken on the basis of information consulted in the Application.

ARTICLE 9 - COMPETITIONS AND CHALLENGES (KRISTAL CUP, TDP, ANR, ETC.)

9.1 KRISTAL may organize, via the Application, aviation competitions and challenges between Users in different formats, including in particular:

KRISTAL CUP - flagship annual competition;
TDP (Tour de Piste) - precision challenge on traffic pattern;
ANR (Air Navigation Race) - aviation navigation race;
any other format that KRISTAL may add to the Application.

The rules of each Competition format are published on the Application and may be adapted by KRISTAL at any time, without prior notice or compensation.

9.2 Participation in a Competition (whether the KRISTAL CUP, TDP, ANR, or any other format) is strictly voluntary and free. The User may register and withdraw at any time.

9.3 No Competition format, no ranking, no score, no reward in any way modifies the obligations and responsibilities of the Pilot as pilot in command (Article 7). The Pilot retains full freedom to:

Not perform a planned flight for the competition;
Interrupt, divert, or shorten it;
Adapt the flight to current conditions;

without classification, points, or sporting consequences within a Competition justifying any decision contrary to safety.

9.4 KRISTAL is neither a flight operator nor a flight organizer within the meaning of the French Aviation Code, nor within the meaning of European aviation regulation. Participation in a Competition organized via the Application - whatever the format (KRISTAL CUP, TDP, ANR, or other) - does not establish any relationship of subordination, operational control, or transport service between KRISTAL and the Pilot.

9.5 Upon registration to a Competition, a dedicated checkbox reminds the User of its exclusive responsibility as pilot in command and the non-operational nature of the KRISTAL service.

9.6 The User expressly waives any recourse against KRISTAL on account of the direct or indirect consequences of its participation in any Competition (KRISTAL CUP, TDP, ANR, or other) - except in cases where KRISTAL's liability cannot, in any event, be excluded by law (gross negligence, fraud, harm to life or physical integrity directly attributable to KRISTAL).

ARTICLE 10 - FLIGHTS INSPIRED BY APPLICATION DATA

10.1 The User may consult in the Application data and content from other Users (shared routes, performance, photos, feedback, rankings, etc.) or from Sponsors.

10.2 No route, no trajectory, no flight profile, no performance shared in the Application constitutes a flight plan, nor a recommendation by KRISTAL, nor any technical advice emanating from KRISTAL or third parties bound by such advice.

10.3 If the User performs a flight after consulting such content, the User acts at its sole responsibility. It is the User's responsibility to verify aircraft fitness, its own qualifications, the conditions of the day, NOTAMs, and all applicable regulatory parameters, and to make the flight decision accordingly.

10.4 KRISTAL expressly excludes any liability for the direct or indirect consequences of a flight performed by the User on the basis of content consulted in the Application.

ARTICLE 11 - USER CONTENT - OWNERSHIP AND LICENSE

11.1 The User remains the owner of the User Content it posts. It is the author or rightsholder.

11.2 By posting User Content on the Application, the User grants KRISTAL a non-exclusive, free, worldwide, transferable license to host, reproduce, display, adapt (technically), translate, distribute, and broadcast the User Content on the Application and its extensions (including KRISTAL social networks, communication supports relating to the Application), for the needs of operation, promotion, and evolution of the Application.

11.3 The license is granted for the duration of the publication and for a reasonable period after closure of the User Account, the time needed for technical purging of contents.

11.4 The User warrants that the User Content it posts:

Is its property or that it has the necessary rights, authorizations, and licenses;
Does not infringe any third-party rights: intellectual property, image rights, privacy rights, personal data rights;
Is neither defamatory, insulting, hateful, violent, sexual in nature, discriminatory, nor unlawful in any other respect;
Contains no unauthorized advertising, no commercial canvassing, no spam;
Complies with applicable aviation regulations and neither glorifies nor promotes dangerous maneuvers, illegal flights, or risky behavior;
Does not endanger aviation safety.

11.5 The User indemnifies KRISTAL against any action, claim, or condemnation arising from its User Content, in particular against any third-party action based on infringement of their rights.

ARTICLE 12 - PROHIBITED BEHAVIORS

12.1 Strictly prohibited on the Application, without limitation:

Identity theft or declaration of false qualifications;
Harassment, threats, doxxing, non-consensual disclosure of third-party personal data;
Hate speech, racist, sexist, homophobic, transphobic, religiously insulting, or any discriminatory content;
Fraud, manipulation of rankings, use of false or falsified data in competitions;
Unauthorized advertising, commercial canvassing, spam, solicitation for the benefit of unauthorized third parties;
Use of bots, automation scripts, scraping, or any unauthorized technical means;
Incitement to dangerous maneuvers, illegal flights, prohibited overflights, unauthorized entry into restricted areas;
Any infringement of intellectual property rights of KRISTAL or third parties;
Any attempt to compromise the security of the Application (intrusion, denial of service, reverse engineering).

12.2 KRISTAL may, in case of breach, implement the measures provided in Article 14 and/or take any judicial or administrative action it deems appropriate.

ARTICLE 13 - MODERATION - REPORTING OF ILLEGAL CONTENT

13.1 KRISTAL's status: KRISTAL acts as a host within the meaning of Article 6-I-2 of the LCEN. KRISTAL has no general obligation to monitor User Content, without prejudice to its obligations to remove any manifestly illegal content notified in accordance with applicable legal provisions.

13.2 Power of moderation: KRISTAL reserves the right, without being obligated to and without notice, to moderate, modify, remove, suspend, or delete any User Content it considers contrary to these T&Cs, to law, or to public order. No compensation shall be due to the User on account of such moderation.

13.3 Reporting mechanism (Article 6-I-5 LCEN and Article 16 of Regulation (EU) 2022/2065 - DSA): any User may report manifestly illegal content to KRISTAL by:

Email to: signalement@kristal.aero;
The dedicated form of the Application.

13.4 The report specifies:

Precise identification of the Content concerned (URL, identifier, screenshot, context);
The reason why the Content is considered illegal, with reference to applicable provisions;
The contact details of the reporting party;
A good-faith declaration on the accuracy of the report.

13.5 KRISTAL acknowledges receipt of the report, examines it as soon as possible, and takes the measures it deems appropriate (removal, retention, transmission to authorities, etc.).

13.6 Any abusive, inaccurate, or bad-faith report may engage the civil and criminal liability of its author (Article 6-I-4 LCEN).

13.7 KRISTAL benefits, as a small enterprise within the meaning of Article 19 of the DSA (workforce < 50 and turnover < €10M), from the corresponding exemptions from obligations applicable to larger platforms.

ARTICLE 14 - SUSPENSION AND ACCOUNT CLOSURE

14.1 KRISTAL may, without notice and without compensation, suspend or close a User Account in case of:

Breach of these T&Cs;
Prohibited behavior (Article 12);
Risk to the security of the Application or the community;
Request from competent authorities;
Prolonged inactivity of the Account (beyond 24 consecutive months).

14.2 The suspension may be temporary or definitive. Definitive closure entails the deletion of the Account and data in the conditions provided by the Personal Data Protection Policy.

14.3 The User may, at any time, delete its Account from the Application settings.

14.4 Suspension or closure of the Account does not affect the User's obligations arising prior, nor the license granted on User Content already published (Article 11).

ARTICLE 15 - PERMISSIONS AND ACCESS TO DEVICE FUNCTIONS

15.1 To function fully, the Application may require access to certain functions of the User's device:

Geolocation (in foreground or background, depending on functionalities) - for recording and sharing flights and participation in competitions;
Photos / camera - for posting User Content;
Push notifications - for communications relating to the community, competitions, and service;
Local storage - for caching and offline operation.

15.2 Each permission is the subject of an explicit consent request when the relevant function is first used. The User may grant, refuse, or withdraw its consent at any time from the system settings of its device.

15.3 Refusal of certain permissions may limit or prevent the use of certain features, without affecting access to others.

ARTICLE 16 - SPONSORING AND ADVERTISING CONTENT

16.1 The Application is a free service financed by sponsoring contracts concluded between KRISTAL and partner brands ("Sponsors").

16.2 Advertising content, visible or integrated within the Application, may be broadcast for the benefit of Sponsors. This content is clearly identifiable as such, in accordance with the LCEN and applicable transparency rules (in particular the French Sapin 2 Act in matters of commercial influence).

16.3 KRISTAL does not transfer Users' personal data to Sponsors, save for aggregated and anonymized audience data.

16.4 Sponsors have no direct contractual relationship with Users by sole virtue of their presence in the Application. KRISTAL neither endorses, validates, nor guarantees the products or services of Sponsors.

16.5 Any offers or promotions communicated by a Sponsor via the Application are governed by the Sponsor's own conditions.

ARTICLE 17 - PERSONAL DATA

17.1 KRISTAL processes the User's personal data as data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act.

17.2 The modalities of processing (categories of data, purposes, legal bases, recipients, processors, transfers outside the EU, retention periods, rights of data subjects) are described in the Personal Data Protection Policy available on the website and in the Application.

17.3 KRISTAL collects no medical or health data of the Pilot. Proof of fitness to fly is solely the responsibility of the Pilot vis-à-vis the relevant aviation authorities.

17.4 To exercise its rights or for any question relating to its data:

Email: rgpd@kristal.aero
Postal mail: KRISTAL AERONAUTIQUE - Data Protection - 61 rue Frédéric Mistral, 34400 Lunel - France

ARTICLE 18 - INTELLECTUAL PROPERTY

18.1 The Application, its source code, its interface, its databases, its graphic design, its logos and trademarks, and all editorial content emanating from KRISTAL are the exclusive property of KRISTAL or used under license. They are protected by the French Intellectual Property Code.

18.2 The trademark "KRISTAL AIR FOR THE FLYING COMMUNITY" is registered with the French INPI.

18.3 The User receives a personal and non-exclusive right of use of the Application, for the duration of its use and in compliance with these T&Cs. Any other use is prohibited without express authorization from KRISTAL.

18.4 It is prohibited, without prior written agreement from KRISTAL, to copy, reproduce, modify, translate, decompile, disassemble, distribute, or exploit in any way the Application or its content, beyond the planned features.

ARTICLE 19 - SERVICE AVAILABILITY

19.1 KRISTAL implements reasonable means to ensure availability of the Application. It does, however, undertake no obligation of result as to the continuity, performance, or absence of interruption of the service.

19.2 KRISTAL may suspend, interrupt, modify, or remove all or part of the Application, at any time, for any reason (maintenance, update, evolution, force majeure, strategic decision), without notice and without compensation.

19.3 KRISTAL does not guarantee the perpetual conservation of User Content; it is the User's responsibility to keep a local copy of content it values.

ARTICLE 20 - LIMITATION OF KRISTAL'S LIABILITY

20.1 The Application being provided free of charge to the User, KRISTAL's liability is limited to the fullest extent permitted by law.

20.2 KRISTAL shall not be liable:

For the direct or indirect consequences of a flight performed by a User, in particular incidents, accidents, bodily, material, or immaterial damages, whether resulting from participation in a competition, a flight inspired by Application data, or any other use;
For the consequences of inaccurate, incomplete, outdated, or unavailable information in the Application;
For interruptions, slowness, unavailability of the service;
For behaviors or content of other Users;
For operations between the User and a Sponsor or any third party;
For data losses suffered by the User;
For damages resulting from the use of tools provided by Apple or Google platforms.

20.3 The exclusions and limitations above do not apply in the event of:

Fraud (dol) or gross negligence (faute lourde) by KRISTAL;
Harm to life or physical integrity of a person directly attributable to KRISTAL;
Any case where the limitation would be deemed contrary to public order.

ARTICLE 21 - MINORS

21.1 The Application may be used by pilots in training under 18 years of age (in particular holders of a BIA, PPL students, ULM, glider).

21.2 The registration of a minor User requires the prior express authorization of a holder of parental authority, who accepts these T&Cs for the child and acknowledges the Pilot's responsibility as pilot in command.

21.3 KRISTAL implements the protections provided by law for minors and limits the data collected on minors to what is strictly necessary.

21.4 If KRISTAL learns that an Account has been created by a minor in violation of these provisions, it suspends the Account and deletes the associated data without delay.

ARTICLE 22 - DISTRIBUTION PLATFORM CONDITIONS

22.1 The KRISTAL.air mobile application is distributed by Apple Inc. (App Store) and Google LLC (Google Play). The User remains bound, in addition to these T&Cs, by the conditions of the Apple App Store and Google Play platforms.

22.2 KRISTAL is not responsible for the acts or omissions of these platforms, in particular operations of download, installation, update, security, and any payment specific to these platforms.

22.3 In case of contradiction between these T&Cs and the conditions of the platforms, the conditions of the platforms prevail within the limits of the provisions specifically applicable to them.

ARTICLE 23 - MODIFICATION OF THE T&Cs

23.1 KRISTAL may amend these T&Cs to adapt to any legal, regulatory, jurisprudential, technical, or commercial evolution.

23.2 Modifications are published on the Application and the website. The User is informed, where applicable, by notification or email.

23.3 Continued use of the Application after publication of modified T&Cs constitutes acceptance. Failing acceptance, the User may delete its Account.

ARTICLE 24 - ASSIGNMENT

24.1 The User may not assign, transfer, or have these T&Cs taken over without prior written consent from KRISTAL.

24.2 KRISTAL may freely assign, transfer, or have these T&Cs taken over in the framework of a transfer, merger, restructuring, or any other transfer of activity.

ARTICLE 25 - SEVERABILITY - NO WAIVER

25.1 The nullity or unenforceability of a clause in these T&Cs does not affect the validity of the other clauses, which remain fully applicable.

25.2 The fact that KRISTAL does not avail itself of a User's breach shall not be construed as a waiver of the right to do so subsequently.

ARTICLE 26 - MEDIATION AND DISPUTE RESOLUTION

26.1 The Application being free of charge, these T&Cs do not create a commercial relationship within the meaning of the French Consumer Code. Membership of a consumer mediator is, accordingly, not required.

26.2 In case of dispute, the User may submit a claim to contact@kristal.aero. KRISTAL undertakes to respond as soon as possible.

26.3 Failing amicable resolution, and in the particular case where a competition or service would be made paid, the consumer User may have access, where applicable, to a consumer mediator and to the European Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr).

ARTICLE 27 - GOVERNING LAW - JURISDICTION

27.1 These T&Cs are governed by French law, without prejudice to mandatory provisions more favorable to the consumer resulting from the law of its habitual residence within the European Union.

27.2 Any dispute relating to the formation, performance, or interpretation of these T&Cs, that could not be resolved amicably, shall be submitted to the competent French courts, and in particular, for consumer Users, to the jurisdiction of their domicile (Article R631-3 of the French Consumer Code).

ACCEPTANCE

Upon registration, the User expressly acknowledges, by separate checkboxes:

☐ I have read and accept these General Terms and Conditions of Use.
☐ I have read and accept the Personal Data Protection Policy.
☐ I expressly acknowledge that, in my capacity as pilot / pilot in command, I am solely responsible for the preparation and conduct of my flights. I use the KRISTAL.air Application as a complementary information and community tool, which does not substitute for the official preparation, my judgment, or applicable aviation regulations. I release KRISTAL from any liability under the conditions of these T&Cs.

KRISTAL AERONAUTIQUE - société à responsabilité limitée with share capital of €10,000 - RCS Montpellier 412 462 285 - VAT FR62 412 462 285 - 61 rue Frédéric Mistral, 34400 Lunel, France - Tel. +33 4 67 71 52 63 - contact@kristal.aero - kristalair.kristal.aero