TERMS OF USE

BeyondATC

Last updated: March 2024

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This agreement (“Terms of Use Agreement”) applies to and governs any and all use of
BeyondATC (the “Application”).

Please read the following carefully before using, downloading, purchasing or installing
the Application (including any Virtual Items). By doing any of the foregoing, you are
agreeing to be bound by and become a party to this Terms of Use Agreement. If you do
not agree with the terms of this Terms of Use Agreement, you may not use, download or
install the Application.

The Application is compatible with Microsoft Flight Simulator (2020) including all
downloadable content for the same and any other editions of the same (for example,
Microsoft Flight Simulator: 40 th Anniversary Edition) (the “Game”). Please note that in
order to use the Application you must already have access to the Game. This requires
you to separate purchase and you are responsible for ensuring that you have the
appropriate hardware and internet connection to download, install, access, store and
play the Game and the Application.

You also agree and acknowledge that to access and play the Game you may need to
comply with separate terms and conditions in relation to the Game and/or the platforms
via which you access the Game. Where you are in breach of such terms and conditions
and subsequently are not able to utilise the Application, we shall not have any liability to
you.

SKIRMISH MODE GAMES LIMITED INC (“Skirmish Mode Games”, "we", "us") is a
company registered in Wyoming with registered address 312 W 2nd St #5246
Casper, WY 82601. If you have any queries concerning this Terms of Use Agreement you
may contact us at: support@beyondatc.net or you can raise a ticket with us in the
‘Support’ channel in our official Discord channel which you can access and join at:
https://discord.com/invite/UgrhCG6rGn

1. LIMITED USE LICENCE
1.1 Skirmish Mode Games hereby grants a limited, non-exclusive right and license
to you for you to download, install (if applicable) and use the Application for
your personal, non-commercial use only on compatible devices that are owned
by you, subject to the terms of this Terms of Use Agreement. The foregoing
license includes Virtual Items. This Terms of Use Agreement and your use of the

Application does not give you any rights of ownership in any property whether
tangible or intangible in relation to the Application (including without limitation
in any Virtual Item).
1.2 The Application comprises of copyright works of Skirmish Mode Games and/or
its licensors. The Application is licensed, not sold. The license granted to you by
Section 1.1 confers no title or ownership in the Application. The Application is
solely for personal, non-commercial use by end users according to the terms of
this Terms of Use Agreement. Any use, reproduction or redistribution of the
Application not in accordance with the terms of this Terms of Use Agreement is
expressly prohibited.
1.3 Please note that the Application is in “Early Access”. This means it is in an early
testing phase and may (and likely will) include bugs or faults. In some cases,
these bugs or faults may damage your device and / or cause data loss. You use,
download and install the Application at your own risk, knowing that it is provided
“as is” and potentially with faults. You acknowledge this and agree that Skirmish
Mode Games shall not have any liability to you for the use, misuse or
malfunction of the Application that causes any damage to your device. You are
advised to back-up and otherwise safeguard all data and software on your
hardware and to not rely on the correct functioning or performance of the
Application.

2. END USER OBLIGATIONS
2.1 You must not do any of the following with the Application except to the extent
expressly permitted by this Terms of Use Agreement:
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer,
publish, stream, distribute, rent, loan, sub-license, derive source code
from, modify, adapt, merge, disassemble, decompile, create derivative
works based on or otherwise transfer or deal in copies or reproductions
of the Application or any part or interest in it to other parties in any way
(except where the Application expressly permits you to do so through
sharing content in that Application / on social media);
2.1.2 engage in any act that Skirmish Mode Games deems to be in conflict
with the spirit or intent of the Application including without limitation
using cheats, exploits, automation software, bots, hacks, mods or any
unauthorised third-party software designed to modify or interfere with
the Application;
2.1.3 attempt to gain unauthorised access to the Application or to the
computers, devices, servers, or networks connected to them by any

means other than the user interfaces provided by Skirmish Mode
Games; or
2.1.4 use the Application for any illegal or immoral purposes including without
limitation using the Application to simulate any illegal or immoral
scenarios or situations within the Game.

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3. OWNERSHIP
3.1 All right, title, interest and ownership rights and any and all copyrights, design
rights, database rights, patents and any rights to inventions, know-how, trade
and business names, trade secrets and trade marks (whether registered or
unregistered) and any applications or extensions therefor and all other
intellectual property rights of any similar or equivalent type in any territory of
the world (“Intellectual Property Rights”), in or connected with the
Application (including without limitation Virtual Items) and each part thereof
(including by way of example only any titles, code, themes, objects, concepts,
artworks, animations, audio-visual effects and methods of operation) and any
copies, translations, modifications, adaptations and any other derivative based
on the Application (including without limitation Virtual Items) are owned by,
belong to and vest in Skirmish Mode Games and its licensors.
3.2 The Application (including without limitation Virtual Items) may contain certain
licensed materials licensed by third parties to Skirmish Mode Games. All trade
marks and other rights are the property of their respective owners.
3.3 The Application and/or Virtual Items may include intellectual property, or
references, relating to third parties such as (without limitation) real-world
events, people, organisations, places, stadia, venues, companies, brands or
other real-world references. Except where we may have licensed rights from the
relevant party, we do not represent that we have a connection with or any
arrangement with such rights owners. We may in some instances make limited
use of unlicensed third party intellectual property for the limited purposes of
providing information about and/or to identify real-world facts in an honest and
fair way and as permitted by applicable law.

4. TERMINATION
4.1 This Terms of Use Agreement and the licences granted by it are effective until
terminated.
4.2 We may temporarily discontinue the Application or any Virtual Item, at any time
for the purposes of upgrades, maintenance or other service administration
reasons. We will use our reasonable endeavours to limit the length of time this
occurs for.

4.3 You may terminate this Terms of Use Agreement at any time and for any reason
by deleting and removing the Application from your device.
4.4 We may terminate this Terms of Use Agreement if you fail to abide by any of the
terms and conditions of this Terms of Use Agreement at any time and for any
reason, or if we reasonably suspect that you have failed to abide by any of the
terms and conditions of this Terms of Use Agreement. We may take any action
we deem reasonable in our sole discretion against users who do not comply with
the terms of this Terms of Use Agreement, which may include banning users. We
reserve the right to determine what conduct we consider to be in violation of, or
otherwise outside the intent or spirit of, this Terms of Use Agreement. However,
if what you have done can be put right we will give you a reasonable opportunity
to do so.
4.5 We may temporarily suspend part of or the whole of the Application, in the
event that a third party supplier of ours, ceases support for or discontinues one
of their services that the Application utilises in order to operate and / or
function. We shall use reasonable endeavours to find a suitable replacement for
such third party services, but you agree and acknowledge that we shall have no
liability to you for a suspension of part of the whole of the Application. Where
we are unable to find a commercially reasonable alternative third party supplier
of the relevant services, we may at our discretion decide to wholly discontinue
the Application and terminate this Terms of use Agreement. In such
circumstances, where you have not had a reasonable period of opportunity to
enjoy any paid-for content, we may offer you a partial, pro-rated refund. We will
use all reasonable endeavours to provide reasonable notice to you if we are
suspending or discontinuing the Application in such circumstances.
4.6 Without prejudice to the other provisions in this Terms of Use Agreement, we
may terminate our agreement with you (in whole or in part, including by way of
discontinuing the Application) for any reason at our discretion upon reasonable
notice to you and the following would apply:
4.6.1 if your use of the Application (including without limitation Virtual Items)
was provided to you free of charge, you will not be entitled to any
compensation or any refund; and
4.6.2 if you paid for the Application or for Virtual Items, you will not be
entitled to a refund where you have substantially had the enjoyment of
what you had paid for (by way of example only, where you have had
access to enjoy the in-Application, paid-for Virtual Items for more than
one (1) month). Where you have not had a reasonable period of

opportunity to enjoy the paid-for content, we may offer you a partial or
full refund.

4.7 Following termination of this Terms of Use Agreement for the Application for any
cause, you will no longer be permitted to use the Application (nor use the Virtual
Items in connection therewith) and you will be required to delete the Application
from your devices. Please be aware that, where applicable, any rankings, scores,
saved games, message history, progression history or other information or data
relating to your Application user account (where applicable) may thereafter be
deleted and/or become inaccessible.
5. WARRANTY AND LIMITATION OF LIABILITY
5.1 Skirmish Mode Games warrants that it has used and will use reasonable efforts
to ensure that:
5.1.1 It is entitled to grant the rights and licences granted hereunder; and
5.1.2 The Application (including without limitation any Virtual Items therein)
will be as described, fit for purpose, and of satisfactory quality.

5.2 Except as specifically provided in this Terms of Use Agreement and to the
maximum extent permitted by law:
5.2.1 The Application (including without limitation Virtual Items therein) is
provided on an "as is" and “as available” basis without any other
warranty or guarantee of any kind (express or implied) other than those
set out in this Terms of Use Agreement. Skirmish Mode games does not
warrant that the use of the Application or any of its features or
functionality will be uninterrupted or error free or that error and their
consequences can be corrected;
5.2.2 Skirmish Mode Games only accepts liability for direct loss as a result of
its breach of its warranties in Section 5.1 above, unless otherwise set
out in this Terms of Use Agreement;
5.2.3 Subject to Sections 5.3 and 5.2.4 , Skirmish Mode Games and its
licensors’ maximum liability will be limited to the greater of: (i)
$60; or (ii) the amounts paid by you to Skirmish Mode Games
including in respect of Virtual Items; and
5.2.4 Skirmish Mode Games and its licensors will not in any event be liable in
any way for any consequential or indirect loss or damage (save to the
extent that damage to your device or other digital content which you
own is caused by the Application as a result of Skirmish Mode Games'
failure to use reasonable care and skill, in which case your exclusive
remedy against Skirmish Mode Games is limited to Skirmish Mode

Games being obligated to repair your device or provide equivalent
financial compensation to enable you to repair your device.

5.3 This Terms of Use Agreement shall not limit any rights you might have as a
consumer that may not be excluded or limited under applicable law nor shall it
exclude or limit any liability for fraud, fraudulent misrepresentation, death or
personal injury caused by Skirmish Mode Games’s negligence.
5.4 Skirmish Mode Games provides no warranties and excludes all liability to you
(subject to section 5.3 above) where the Application is used in conjunction with
third party application, mods or add-ons which impairs the functionality of the
Application and / or any of its features.

6. AGE RESTRICTIONS
6.1 Skirmish Mode Games does not target the Application to users under 13 years of
age. To use the Application you must be both: (a) of an age which meets the
minimum age certification requirement of the Game in the territory you are in
(where applicable); and (b) in any event, you must be over the age of 13 years.
By using the Application you therefore confirm that you are over 13 years of age
and, where you are under 18, you confirm that you have your parent’s or
guardian’s consent and that your parent or guardian has read and agreed to
these terms.
6.2 SKIRMISH MODE GAMES DOES NOT KNOWINGLY COLLECT ANY
PERSONAL DATA FROM THOSE UNDER THE AGE OF 13. HOWEVER, IN
THE EVENT THAT YOU BELIEVE WE HAVE DONE SO, PLEASE CONTACT US
TO LET US KNOW AND WE WILL THEN DELETE THAT DATA. YOU CAN
CONTACT US HERE: SUPPORT@BEYONDATC.NET

7. USER RULES
7.1 You further agree that you will not in any way conduct yourself in a manner
which is illegal or which gives rise to civil or criminal liability or which might call
into disrepute Skirmish Mode Games or the Application.
7.2 You will cooperate fully with Skirmish Mode Games to investigate any suspected
illegal, fraudulent or improper activity.
7.3 You fully acknowledge and understand that the Application is intended to be for
entertainment purposes only in conjunction with the Game and that the
Application is not to be used in any official capacity including without limitation
for flight training, aeronautical phraseology training or for any other aviation /
pilot training or equivalent program. To the extent that you represent yourself as
having accrued any official training via your use of the Application, we expressly
and fully exclude any and all liability to you.

7.4 You fully indemnify and hold the Indemnified Parties (as defined in Section 11.1
below) harmless from and against any and all liabilities, claims, costs and
expenses (including legal expenses and lawyers’ fees) incurred by the
Indemnified Parties in connection with any claim arising out of any breach by
you of this section 7.

8. VIRTUAL ITEMS
8.1 As part of and to enhance your use and enjoyment of the Application you may
separately purchase optional digital content in the form of ‘Premium Character’
packs (“Virtual Items”).
8.2 You can read more about how the Virtual Items work and how you can purchase
them in our FAQ. For the avoidance of doubt, no purchase of Virtual Items is
necessary to use the full features of the Application and purchases of Virtual
Items are subject to this Terms of Use Agreement
8.3 Virtual Items have no cash or real world value, they are not redeemable or
exchangeable for anything with a real world value and they can be used as part
of the Application only, in accordance with this Terms of Use Agreement.
8.4 Any purchase of any Virtual Items is final and refunds are not possible except
for in very special circumstances or in accordance with your Cooling Off Right as
set out in Section 12 below. If you believe such special circumstances have
arisen, please contact Skirmish Mode Games and we will assess the issue in our
sole discretion.
8.5 Without limiting Virtual Item purchases from Skirmish Mode Games’s permitted
stores, it is a condition and fundamental term of this Terms of Use Agreement
and your use of the Application that you must not buy, sell, barter, swap,
exchange, trade, lend, rent or otherwise deal in any way with any Virtual Item
outside of the Application (such as on unauthorised item trading sites) or in any
way other than as expressly provided above. Virtual Items may be used in and
as part of the Application only and in accordance with the functionality of such
Virtual Items made available by Skirmish Mode Games.
8.6 Subject to Section 4 , Skirmish Mode Games may manage, vary, regulate,
control, modify or eliminate Virtual Items in its sole discretion, with or without
notice (including not supplying Virtual Items if it is reasonable to do so). Subject
to Section 4 and this Terms of Use Agreement, Skirmish Mode Games shall have
no liability to you or any third party in the event that Skirmish Mode Games
exercises such rights.
8.7 When you submit, or anyone using your device submits, a request to purchase
Virtual Items you are offering to purchase them for the price stated and our

acceptance of that offer shall only occur once we make the Virtual Items
available to you, prior to which your order may be declined for any reason.
8.8 If you are under the age of 18 you must obtain your parent or guardian’s
consent, prior to make any purchase of Virtual Items. Skirmish Mode Games will
not provide refunds or otherwise be liable to you in any way, where Virtual
Items are purchased without such consent in each instance.
8.9 Please notify Skirmish Mode Games immediately if you dispute a transaction
involving Virtual Items or believe that any transaction is unauthorised.

9. CONSUMER RIGHTS AND ALTERNATIVE DISPUTE RESOLUTION
9.1 This Terms of Use Agreement shall not limit any rights you might have as a
consumer that may not be excluded or limited under applicable law.
9.2 Alternative dispute resolution is a process where an independent body considers
the facts of a dispute and seeks to resolve it, without you having to go to court.
If you are not happy with how we have handled any complaint you may choose
to make, you may want to consider an alternative dispute resolution provider.
The European Commission provides a platform for online dispute resolution
which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of
Regulation (EU) 524/2013, we are not required to use and we do not use an
alternative dispute resolution service.

10. ADVERTS
10.1 The Application does not contain any advertisements other than to purchase the
Application, purchase Virtual Items or to promote other applications and add-
ons for the Game. To the extent that you see any other third-party
advertisements within the Application, please report them to
support@beyondatc.net.
10.2 If you come across and click on any third-party advertisement (including adverts
for other applications and add-ons for the Game being provided by a third
party), please be aware that you will be dealing with external companies
responsible for that advert and you may be redirected to their services or
websites. Skirmish Mode Games does not control the actions of these companies
or the content of their websites or services and you acknowledge that their
websites and/or services may be subject to additional terms of use or other
legal terms and it is your responsibility to ensure your usage is in compliance
with any such terms.
10.3 Skirmish Mode Games may, at a later date, include advertisements from other
third parties. In such event, this Terms of Use Agreement shall be updated
accordingly in accordance with Section 14.

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11. INDEMNITY AND REMEDIES
11.1 You hereby indemnify (agree to compensate), and agree to defend and hold
Skirmish Mode Games and Skirmish Mode Games’s affiliates, officers, directors,
owners, licensors, service providers, partners, contractors, employees, agents
and licensees (collectively, the "Indemnified Parties") harmless from and
against any and all liabilities, claims, costs and expenses (including legal
expenses and lawyers’ fees) incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of this Terms of Use Agreement
or claims arising directly or indirectly from your use or misuse of the Application
(which also includes Virtual Items), and any negligent or improper use of your
device, password and username; and / or any use otherwise than in accordance
with the terms of this Terms of Use Agreement. You shall fully cooperate with
Skirmish Mode Games in the defence of any such claim and Skirmish Mode
Games reserves the right, at our own expense, to assume the exclusive defence
and control of any matter otherwise subject to indemnification by you.
11.2 You further agree that the subject matter of this Terms of Use Agreement is of a
unique character with special value and that Skirmish Mode Games would be
irreparably damaged if the terms of this Terms of Use Agreement were not
specifically enforced, and therefore you agree that Skirmish Mode Games shall
be entitled, without bond, other security, or proof of damages, to appropriate
equitable remedies (including injunctive relief) with respect to breaches of this
Terms of Use Agreement, in addition to such other remedies as Skirmish Mode
Games may otherwise have available to it under applicable laws.
11.3 Skirmish Mode Game's licensors shall be third-party beneficiaries under this
Terms of Use Agreement and shall have the express right to enforce its
provisions and to enjoy the benefits of its protections.

12. COOLING-OFF RIGHT
If you make a digital content purchase from Skirmish Mode Games directly, you are
entitled to cancel the purchase within 14 days and to receive a full refund (your
"Cooling-Off Right"). However, where you agree that we may begin to supply you with
the digital content before the end of that period, then you will no longer be entitled to
change your mind about the purchase and obtain a refund. If you have made a purchase
from Skirmish Mode Games, have not begun using the content and wish to exercise your
Cooling-Off Right you can contact us by email or post using the following form:

To: Skirmish Mode Games Limited
312 W 2nd St #5246

Casper, WY
82601.
I hereby give notice that I withdraw from my contract for the
following purchase: [BeyondATC - $29.99][Premium Characters pack
- $9.99], ordered on [INSERT DATE].

From: [YOUR NAME]
[YOUR ADDRESS]
[YOUR EMAIL / TELEPHONE (optional)]
Date: [DATE]

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13. DATA PROTECTION
Please be aware that any personal data you supply to us when using the Application will
be used by us in accordance with our Privacy and Cookie Policy. Please read our Privacy
and Cookie Policy carefully.

14. CHANGES TO THIS TERMS OF USE AGREEMENT
We may update the terms of this Terms of Use Agreement from time to time for any
reason by posting the updated version to our service/website (and/or in-Application, if
we provide you with this Terms of Use Agreement there) but changes to the Terms of
Use Agreement take effect only where they are permitted by law and made available to
you for your agreement. Every time you launch the Application on your device, install or
otherwise use the Application or purchase the Application or Virtual Items you are
deemed to have accepted the latest version of this Terms of Use Agreement in place at
that time. Please check on our website (and/or in-Application, if we provide you with this
Terms of Use Agreement there) for any updates to the Terms of Use Agreement each
time you launch the Application on your device.

15. GENERAL
15.1 This Terms of Use Agreement constitutes the entire agreement between
Skirmish Mode Games and you in respect of its subject matter.

15.2 Even if we delay in enforcing this Terms of Use Agreement and/or our rights, we
can still enforce this Terms of Use Agreement and/or our rights later. If we do
not insist immediately that you do anything you are required to do under this
Terms of Use Agreement, or if we delay in taking steps against you in respect of
your breaking of any term of this Terms of Use Agreement, that will not mean
that you do not have to do those things and it will not prevent us taking steps
against you at a later date.
15.3 We may transfer our rights and obligations under this Terms of Use Agreement
to another organisation (such as, without limitation, in the event of a business
restructure or acquisition). We will let you know if that happens and we will
ensure that your rights under this Terms of Use Agreement are unaffected. You
may not transfer your rights or obligations under this Terms of Use Agreement
unless we expressly agree to the transfer in writing.
15.4 Except where expressly stated to the contrary in this Terms of Use Agreement,
this Terms of Use Agreement does not give rise to any rights under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Terms of
Use Agreement.
15.5 In the event that any provision of this Terms of Use Agreement (including,
without limitation, any restriction) shall be held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provision will be interpreted in
such a way as to ensure it is enforced to the maximum extent permissible in a
manner reflecting the parties' intentions and the remaining portions of this
Terms of Use Agreement shall, in any event, remain in full force and effect.
15.6 This Terms of Use Agreement and any dispute or claim arising out of or in
connection with it or its subject matter or formation shall be governed by and
construed in accordance with the law of England and Wales and the courts of
England and Wales shall have exclusive jurisdiction to settle any dispute or
claim. In addition you may have the legal right to bring proceedings in your local
jurisdiction and, if this is the case, then you may bring proceedings there. For
instance if you live in Scotland you can bring legal proceedings in respect of the
relevant Application in either the Scottish or the English courts.