Terms of Service (AGB)

Version 0.2 · July 2026 · Governed by German law (§16).

These Terms are available in German and English. In case of discrepancies or questions of interpretation, the German version (AGB) is solely authoritative; this English version is provided for convenience (§16.4).

1. Provider and scope

1.1 The Charterfile platform ("Platform") is operated by Sixty One GmbH, Lange-Feld-Str. 77B, 30926 Seelze, Germany ("Provider", "we").

1.2 These Terms govern all use of the Platform, including the web application, public booking pages, the estimator widget, APIs and related services.

1.3 The Platform is offered exclusively to businesses (Unternehmer within the meaning of § 14 BGB) operating professionally in aviation — charter brokers and aircraft operators. It is not offered to consumers (§ 13 BGB); statutory consumer-protection provisions, including withdrawal rights, do not apply.

1.4 Conflicting or deviating terms of the customer do not apply unless we have expressly agreed to them in writing.

2. The service

2.1 The Platform provides software for managing charter business: client and deal management (CRM), quoting and pricing tools, flight-time estimation, document generation (quotes, contracts, invoices), client-facing booking pages, marketing tools, fleet and availability management, request handling between brokers and operators, and related integrations.

2.2 The Provider is a software provider only. We are not an air carrier, charter broker, or party to any charter, transport or other contract concluded between users or between users and their clients. Users act in their own name and on their own account.

2.3 Calculated outputs — including price estimates, flight-time estimates, feasibility checks and the advisory flight-duty (FDP/FTL) indications — are non-binding planning aids. They do not replace the user's own professional judgement, operational documentation or regulatory compliance (in particular an operator's approved Operations Manual). See §10.

3. Registration and verification

3.1 Registration requires truthful and complete information about the company, including company registration details, website and — for operators — a valid Air Operator Certificate (AOC) reference.

3.2 A registration is an offer by the customer to conclude a usage contract; the contract is concluded when we confirm the registration by making the account available. Accounts are activated for full functionality only after verification by the Provider. We may refuse or revoke verification where information is incomplete, false, or where use would create legal or reputational risk. There is no entitlement to registration or verification.

3.3 Login credentials must be kept confidential. The customer is responsible for activity under its accounts and must notify us without undue delay of any suspected unauthorized use.

4. Plans, prices and payment

4.1 The Platform is offered in a free plan and paid plans as described at charterfile.com/pricing at the time of ordering. Paid plans are billed monthly or annually in advance via our payment processor (Stripe).

4.2 Prices are net of VAT. German VAT is added where applicable; for customers in other EU member states with a valid VAT ID the reverse-charge mechanism applies; for customers outside the EU no German VAT is charged. The customer must provide accurate tax information.

4.3 We may adjust prices to reflect developments in the costs of providing the Platform (in particular hosting and infrastructure, personnel, energy, payment processing and licence costs), no more than once per contract year, with at least six weeks' notice in text form to the end of a billing period. Changes do not affect a running prepaid period. If the customer does not agree, it may terminate as of the date the change takes effect; we will point out this termination right in the notice.

4.4 Operator accounts are free of membership and per-aircraft listing fees under the current offering; §4.3 applies to any future changes.

4.5 The customer may set off only claims that are undisputed or established by final judgment, and may exercise a right of retention only for counterclaims arising from the same contractual relationship.

5. Customer obligations

5.1 The customer will use the Platform only lawfully and only for its own charter business, and will not: (a) misuse the Platform to send unlawful communications (including unsolicited marketing), (b) upload content that infringes third-party rights, (c) attempt to access other customers' data, circumvent access controls, or disrupt the Platform, (d) scrape, resell or systematically extract Platform data, or (e) use content of other users outside the intended charter workflow.

5.2 The customer is responsible for the accuracy of its own data (including fleet, availability, pricing and empty-leg listings) and for its communications and offers towards its clients and counterparties.

5.3 For marketing features, the customer warrants that it has the required legal basis (in particular consent, where required) for every recipient it addresses, and that it will honour unsubscribes. The Platform's consent flags support, but do not replace, the customer's own compliance.

5.4 The customer will provide passenger and client personal data only as far as lawful, and will conclude the Data Processing Agreement (§9) before entering personal data of third parties.

6. Customer content and licences

6.1 Customer data and content (client records, documents, photos, listings) remain the customer's. The customer grants us the non-exclusive right to host and process such content as necessary to provide the Platform.

6.2 For content the customer chooses to publish through the Platform (public empty-leg listings, booking pages, widget), the customer grants us the right to display that content publicly for the duration of the listing and warrants it holds the necessary rights (in particular to aircraft photographs).

6.3 All rights in the Platform, its software and design remain with the Provider. The customer receives a non-exclusive, non-transferable right to use the Platform for the term of the contract.

7. Availability; beta features

7.1 We provide the Platform with reasonable skill and care and target high availability, but do not warrant uninterrupted or error-free operation. Maintenance windows and unforeseeable disruptions may limit availability.

7.2 Features marked as beta or preview are provided as-is for evaluation; they may change or be discontinued.

7.3 We may further develop the Platform (change, add or remove features), provided the contractually agreed core functionality is preserved.

8. Electronic signatures and client-facing pages

8.1 The Platform's contract-signing feature implements a simple electronic signature with an audit trail (signer name, timestamp, IP, document hash). The customer is responsible for assessing whether this form of signature is sufficient for its intended use and jurisdiction.

8.2 Payment links use the customer's own payment provider account. Payments flow directly between the customer and its client; the Provider is not a payment service provider and never holds client funds.

9. Data protection

9.1 The parties will comply with applicable data-protection law. Where we process personal data on the customer's behalf (client, passenger and deal data), the Data Processing Agreement pursuant to Art. 28 GDPR forms part of the contract.

9.2 Details on our own processing are set out in the privacy notice.

10. Advisory outputs; no operational responsibility

10.1 Estimates, prices, flight times, feasibility and duty-time indications are computed from models and third-party data and may deviate from reality. They are not offers, not operational clearances, and not legal, tax or flight-safety advice. Aeronautical information displayed in the Platform (e.g. NOTAMs) is retrieved from third-party sources, may be incomplete or delayed — in particular for notices distributed only nationally — and does not replace an official pre-flight briefing from an AIS provider.

10.2 In particular, the advisory FDP/FTL indications are not a certified flight-time-limitation system. Compliance with FTL and all operational regulation remains solely the operator's responsibility under its approved documentation.

11. Support

Support is provided via the in-app ticket system during ordinary German business hours. Response times are targets, not guarantees, unless expressly agreed.

12. Liability

12.1 We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, for defects we fraudulently concealed, under the German Product Liability Act, and to the extent of a guarantee we expressly assumed.

12.2 For slight negligence we are liable only for breach of material contractual obligations (obligations whose fulfilment enables proper performance of the contract in the first place and on whose fulfilment the customer regularly relies — Kardinalpflichten), and then limited to the foreseeable damage typical for this type of contract.

12.3 The strict no-fault liability for defects that already existed at the time the contract was concluded (§ 536a (1), 1st alternative, BGB) is excluded. Our liability for such defects is governed by 12.1 and 12.2.

12.4 For services provided free of charge (free plan, free operator accounts, beta features), we are liable only for damage caused intentionally or by gross negligence; 12.1 remains unaffected for injury to life, body or health and for liability under the Product Liability Act.

12.5 In all other respects, liability is excluded. Liability for loss of data is limited to the restoration effort that would have been required with proper, regular backups by the customer of data under its control.

12.6 The limitations above also apply in favour of our employees and agents.

13. Term and termination

13.1 The contract for the free plan runs indefinitely and may be terminated by either party at any time. We may discontinue or materially change free services with at least four weeks' notice; §13.3 (data export) applies. Paid plans run for the selected billing period and renew unless terminated with effect to the end of the current period.

13.2 Termination for good cause remains unaffected; good cause includes serious or repeated breach of §5, payment default despite reminder, and loss of the professional status under §1.3 (e.g. revoked AOC).

13.3 After termination, the customer may export its data (CSV/exports provided in the Platform) for 30 days; thereafter we delete customer content, subject to statutory retention duties.

14. Changes to these Terms

14.1 We may amend these Terms with at least six weeks' notice in text form where the amendment is required by changes in law, case law, supervisory practice or technical circumstances, or where it does not materially disadvantage the customer. If the customer does not object in text form before the changes take effect, the changes are deemed accepted, provided the notice specifically stated the right to object, the objection deadline and this consequence. If the customer objects, either party may terminate as of the effective date.

14.2 Changes affecting the parties' principal obligations — the scope of the core services or the remuneration — are never made by deemed acceptance; they require the customer's express consent. Price adjustments are governed exclusively by §4.3.

15. Confidentiality

Each party will keep confidential all non-public information of the other party obtained in connection with the contract and use it only for performing the contract. Commercial data of counterparties visible through the Platform (e.g. pricing in requests) must be treated confidentially within the customer's organisation.

16. Final provisions

16.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

16.2 Exclusive place of jurisdiction is the registered seat of the Provider, provided the customer is a merchant, legal entity under public law or special fund under public law.

16.3 Should individual provisions be invalid, the remainder stays unaffected.

16.4 These Terms are available in German and English. In case of discrepancies or questions of interpretation, the German version is solely authoritative; this English version is provided for convenience only. Legal concepts are to be interpreted under German law.