Business jet API Partner Terms
Version 1.0.
These terms apply to any organisation that uses the C Level business jet emissions API. An organisation accepts them before it receives an API key.
These Partner Terms are between C Level Earth Limited, a company registered in England and Wales with company number 04105851, whose registered office is at Innovation Centre, Falmer, Brighton, BN1 9SB (“C Level“), and the organisation that accepts them under clause 2a, as named in its signed acceptance or its online request (“the Partner“).
1. Definitions
In these Partner Terms:
a. “API” means the C Level business jet emissions application programming interface documented at https://clevel.co.uk/business-jet-api/, as C Level changes it from time to time;
b. “Key” means an access credential that C Level issues to the Partner for the API;
c. “SET Equations” means the fuel estimation equations known as the EUROCONTROL SET Equations, which EUROCONTROL makes available to C Level under the EUROCONTROL Licence;
d. “EUROCONTROL Licence” means the licence agreement between EUROCONTROL and C Level under which C Level uses the SET Equations, as amended or replaced from time to time;
e. “SET Fuel Estimate” means an estimate of the fuel burned on a flight that C Level derives from the SET Equations;
f. “C Level Calculation” means any calculation that C Level applies to a SET Fuel Estimate or performs alongside it, including emissions conversion factors, well-to-tank factors, allowances for non-CO2 effects and funding amounts;
g. “Output” means any figure, data or other result returned by the API, including any SET Fuel Estimate and any C Level Calculation, and anything derived from it;
h. “Partner Product” means any software, website, application or service of the Partner that calls the API or displays an Output;
i. “End User” means any person, other than the Partner, who is given access to or use of a Partner Product; and
j. “Recipient” means any person who receives from the Partner a quotation, report, invoice or other document that contains an Output, and who is not an End User.
2. Acceptance, and how these Partner Terms relate to other arrangements
a. The Partner accepts these Partner Terms by signing them, or by ticking the acceptance box in C Level’s online access request. The person who accepts confirms that they are authorised to bind the Partner.
b. These Partner Terms govern the Partner’s access to and use of the API and the Outputs. They do not change the price or terms of any purchase the Partner makes from C Level, which remain governed by the arrangements that apply to those purchases.
c. If these Partner Terms conflict with any other arrangement between the parties about the API or the Outputs, these Partner Terms prevail.
d. Business use only. The API is supplied solely to organisations acting in the course of a business, trade or profession. It is not supplied for consumer use. Only an organisation acting in the course of a business, trade or profession may accept these Partner Terms.
3. What C Level provides
a. C Level may approve the Partner for access to the API. If approved, C Level will issue one or more Keys for that purpose. Acceptance of these Partner Terms does not require C Level to approve an application or issue a Key.
b. C Level provides the API for no fixed term. C Level makes no commitment that the API, or any part of it, will continue to be available for any period.
c. The API returns Outputs only. C Level does not provide, disclose or otherwise make available the SET Equations to the Partner. Nothing in these Partner Terms transfers, licenses or sublicenses the SET Equations, or grants the Partner any other right in or to them.
d. C Level may change the methodology, factors, sources and C Level Calculations used to produce Outputs at any time. The API documentation states the versions in use.
4. The SET Equations, their owner and the legend
a. SET Fuel Estimates are derived from the SET Equations. EUROCONTROL owns all right, title and interest in and to the SET Equations, and all intellectual property rights in them. C Level uses the SET Equations under a licence granted to it by EUROCONTROL, the EUROCONTROL Licence.
b. Wherever a Partner Product, or any document the Partner produces, displays an Output, the Partner shall ensure that the legend set out in Annex A appears in full and without alteration, and that the source of the fuel estimate is identified as “the EUROCONTROL SET Equations”.
c. The Partner shall not remove, alter or obscure any copyright, proprietary or confidential notice that C Level or EUROCONTROL places on the API or on any Output.
d. If the EUROCONTROL Licence changes or is replaced, C Level may replace Annex A or Annex B by written notice to the Partner. The Partner shall comply with the replacement within 14 days after the notice.
e. The Partner acknowledges that the SET Equations represent the average performance of an aircraft type “as operated”. They are based on a sample of actual operational and fuel burn data that aircraft operators made available to EUROCONTROL on a voluntary basis for individual flights, and they reflect the operational conditions of those flights. An ICAO aircraft type designator can refer to several aircraft models whose performance varies, and the SET Equations provide a single model for all aircraft models associated with the same designator. As a result, any fuel, emissions or operational efficiency comparison between aircraft types or aircraft operators based on the Outputs is inappropriate.
f. The Partner acknowledges that EUROCONTROL accepts no liability to the Partner, any End User or any Recipient in connection with the SET Equations or any Output, to the fullest extent applicable to them.
5. Restrictions
The Partner shall:
a. comply with the provisions of the EUROCONTROL Licence set out in Annex B, as they apply to a third party to whom C Level makes available a product that contains the SET Equations;
b. not reverse engineer, decompile, disassemble, or otherwise attempt to discern, reconstruct or infer the SET Equations, whether from the Outputs, by repeated API calls, by systematic querying, by combining the results of separate API requests, by statistical analysis or model fitting, or by any other means;
c. not use the API or any Output, including by systematic or repeated requests, to:
i. train or fine-tune any machine learning, artificial intelligence, statistical or other model;
ii. build, calibrate or validate any fuel, emissions or other model that estimates what the SET Equations estimate, or that could substitute for the API; or
iii. create any lookup table, database, data set or index of Outputs, other than records of individual flights quoted or operated in the ordinary course of the Partner’s business;
d. not perform, publish or present any comparative analysis between, including but not limited to, aircraft types, aircraft manufacturers, aircraft operators, or any parties which may see those analyses as creating a distortion of competition, including by combining the results of separate API requests. Without limitation, the Partner shall not use Outputs to create or publish aircraft rankings; manufacturer comparisons; operator comparisons; “greenest aircraft”, “greenest private jet” or private jet efficiency league tables; comparative fuel or emissions benchmarks; or any similar analysis that compares aircraft types, manufacturers, operators or parties, including any use of Outputs to select, recommend or promote one aircraft type, manufacturer or operator over another on fuel or emissions grounds;
e. not use the API or any Output for flight operational purposes, including flight planning, fuel planning, aircraft loading, dispatch, performance calculation or any purpose relating to the safety of a flight;
f. present each Output as an estimate, and not as a record of fuel burned or emissions produced on any particular flight;
g. not disclose, provide, distribute, publish, in whole or in part, or otherwise make available the SET Equations to any third party; not modify the SET Equations; not rent, lease, license, sublicense or sell the SET Equations; and not make the Outputs available to any third party as a data set, data feed or service, other than by showing individual Outputs to End Users and Recipients in the ordinary course of the Partner’s business;
h. take the necessary security measures to protect the API, each Key and the Outputs from unauthorised use and interference; and
i. give C Level written notice at least 14 days before the Partner first publicly releases any Partner Product, web page or document that displays an Output or the legend in Annex A, and not release it before that period ends, so that C Level can meet the requirement in the EUROCONTROL Licence to inform EUROCONTROL in advance of a relevant public release. The 14-day period is C Level’s own operational requirement. It is not a period set by EUROCONTROL.
6. Keys, use limits and personal data
a. A Key identifies the Partner. The Partner shall keep each Key confidential and shall not make a Key available to any third party.
b. The Partner shall call the API only from servers or back-end systems under its own control. Website and application integrations shall call the API through the Partner’s server or back end, unless C Level has expressly supplied a separate credential designed for public or client-side use.
c. The Partner shall not embed, include or expose a Key in client-side JavaScript, HTML, any web page or browser script, any mobile or desktop application, any public code repository, or any other material that is publicly readable or is delivered to, or readable by, any End User or other third party.
d. The Partner shall notify C Level without delay if a Key is, or may have been, disclosed to any person not authorised by the Partner.
e. C Level may replace or suspend a Key at any time, and shall tell the Partner when it does so.
f. C Level may set limits on the rate and volume of the Partner’s calls to the API. C Level may change those limits on reasonable notice. The current limits are stated in the API documentation.
g. The Partner shall not submit through the API any personal data, passenger names, contact details or other information capable of identifying an individual unless C Level has expressly agreed in writing to that processing and any required data-processing terms have been put in place.
7. End Users and Recipients
a. Before any End User is given access to or use of a Partner Product, the Partner shall ensure that the End User agrees, in terms that bind the End User, to obligations no less protective of C Level and EUROCONTROL than clauses 4b, 4c, 4e, 4f and 5a to 5g.
b. For each Recipient, the Partner shall ensure that every document containing an Output displays the legend in Annex A and a statement that the figure is an estimate that must not be used to compare aircraft types, manufacturers or operators. A Recipient is not required to enter into these Partner Terms or any equivalent terms.
c. The Partner is responsible to C Level for the acts and omissions of each End User in relation to the obligations in clause 7a.
8. Information and assistance
a. Within 10 business days after C Level’s reasonable written request, the Partner shall give C Level information about:
i. each Partner Product, product or service that uses the API or displays Outputs;
ii. the domains and systems where the API is used;
iii. the Partner’s approximate use of the API;
iv. how the legend in Annex A is implemented, in each Partner Product and in documents given to Recipients;
v. where relevant, the terms by which End Users agree to the obligations in clause 7a;
vi. the security measures protecting each Key;
vii. the Partner’s compliance with the restrictions in clause 5 on comparisons, reverse engineering and onward distribution; and
viii. any other information C Level reasonably needs to show its compliance with the EUROCONTROL Licence.
b. C Level shall not make a request under clause 8a more than once in any 12 months, unless EUROCONTROL has asked C Level for the information or C Level reasonably believes that clause 4, 5, 6 or 7 has been breached.
c. The Partner shall cooperate promptly with, and give C Level reasonable assistance in responding to, any enquiry, investigation or request from EUROCONTROL that relates to the Partner’s use of the API or any Output.
d. C Level may disclose information received under this clause 8 to EUROCONTROL, to the extent reasonably necessary for C Level to comply with the EUROCONTROL Licence.
9. Suspension and ending
a. The Partner acknowledges that EUROCONTROL may end the EUROCONTROL Licence at once, for any reason, and may suspend or discontinue the SET Equations at any time, with or without notice. The API and the Outputs may therefore stop without notice.
b. C Level may suspend or withdraw the API, or the Partner’s access to it, at once and without notice, if:
i. the EUROCONTROL Licence ends or is suspended, or EUROCONTROL discontinues the SET Equations or requires C Level to stop or restrict their use;
ii. C Level reasonably believes that the Partner, or an End User, has breached clause 4, 5, 6, 7 or 8; or
iii. C Level reasonably believes that suspension is necessary to protect the security of the API or the SET Equations.
C Level shall tell the Partner the reason as soon as reasonably practicable.
c. Either party may end these Partner Terms at any time by written notice to the other.
d. When these Partner Terms end, or when C Level withdraws the Partner’s access under clause 9b, the Partner shall immediately stop making calls to the API, each Key ends, and the Partner shall delete or destroy each Key and any confidential material supplied by C Level. The Partner is not required to delete Outputs it received before that time merely because these Partner Terms or the EUROCONTROL Licence have ended, provided it continues to comply with clauses 4, 5 and 7 in respect of them. If the EUROCONTROL Licence or EUROCONTROL requires any step in respect of Outputs already generated, C Level may instruct the Partner in writing, and the Partner shall comply with that instruction.
e. Subject to clause 11a, neither party is liable to the other for any loss arising solely from a suspension, withdrawal or ending permitted under this clause 9.
10. No warranty
a. Each Output is a modelled estimate. It is not a record of the fuel burned or the emissions produced on any actual flight.
b. C Level provides the API and the Outputs “as is”. C Level gives no warranty, representation or undertaking that the API or any Output is accurate, complete, available, uninterrupted, fit for any particular purpose, or suitable for any reporting, disclosure, regulatory or compliance framework. To the fullest extent permitted by law, all terms implied by statute, common law or otherwise are excluded.
c. The Partner is responsible for how the Partner, its End Users and its Recipients use the Outputs, and for any statement the Partner makes about an Output.
11. Limits on C Level’s liability
a. Nothing in these Partner Terms limits or excludes any liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.
b. Subject to clause 11a, C Level is not liable to the Partner, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, revenue, business, contracts, goodwill or data, or for any indirect or consequential loss, arising under or in connection with these Partner Terms.
c. Subject to the liabilities that cannot lawfully be limited or excluded, C Level’s total aggregate liability arising out of or in connection with these Partner Terms, the API or the Outputs, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of:
i. all amounts paid by the Partner to C Level for use of the API or purchases directly arising from use of the API during the 12 months preceding the event giving rise to the claim; and
ii. £1,000.
d. Clauses 11b and 11c do not limit the Partner’s liability under clause 12.
12. Indemnity from the Partner
a. The Partner shall indemnify C Level against all losses, damages, liabilities, costs (including reasonable legal fees) and expenses that C Level suffers or incurs arising out of:
i. any breach by the Partner of these Partner Terms;
ii. any breach by an End User of the obligations imposed on it under clause 7a;
iii. any claim by a third party, including an End User or Recipient, arising from the Partner’s use of the API or Outputs, the Partner Product, or any statement, representation, quotation, report or other document made or supplied by the Partner in connection with an Output; or
iv. any claim by EUROCONTROL against C Level, or any loss, cost or liability C Level incurs under the EUROCONTROL Licence, including under its indemnity, to the extent caused by:
A. any breach by the Partner of these Partner Terms;
B. misuse of the API or any Output by an End User for whom the Partner is responsible;
C. any unauthorised disclosure or reconstruction of the SET Equations by the Partner or an End User;
D. any comparative use prohibited by clause 5d;
E. any breach of the legend and attribution requirements in clause 4b; or
F. any Partner Product, or any representation by the Partner, that incorporates or relates to an Output.
b. Clause 12a does not apply to the extent that the loss arises from C Level’s breach of these Partner Terms, or from C Level’s negligence, fraud or wilful misconduct.
c. C Level shall: notify the Partner of any claim covered by clause 12a promptly after becoming aware of it; make no admission about the claim without the Partner’s written consent, which the Partner shall not unreasonably withhold; allow the Partner, at the Partner’s cost, to conduct the defence and settlement of the claim, except a claim by EUROCONTROL, which C Level may conduct itself; and give the Partner reasonable assistance, at the Partner’s cost.
13. General
a. Changes. C Level may issue a new version of these Partner Terms by written notice. A new version applies when the Partner accepts it. If the Partner has not accepted a new version within 30 days after the notice, C Level may end the Partner’s access to the API. Clause 4d applies to changes to Annex A and Annex B.
b. Notices. A notice under these Partner Terms may be given by email to the address each party last gave the other for that purpose.
c. Assignment. The Partner shall not assign or transfer any of its rights or obligations under these Partner Terms without C Level’s prior written consent.
d. Third parties. No person other than C Level and the Partner has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Partner Terms.
e. Survival. Clauses 3c, 4, 5, 7, 8, 9d, 9e, 10, 11, 12 and 13 continue to apply after these Partner Terms end.
f. Law. These Partner Terms, and any dispute or claim arising out of or in connection with them, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.
g. Severability. If any provision or part of a provision of these Partner Terms is found to be invalid, unlawful or unenforceable, it shall be treated as modified to the minimum extent necessary to make it valid and enforceable. If that is not possible, it shall be deleted. The remaining provisions continue in force.
h. Waiver. A failure or delay by either party to exercise a right or remedy does not waive that or any other right or remedy.
Annex A: the legend
“This product contains SET Equations made available by EUROCONTROL. All rights reserved.”
Annex B: EUROCONTROL provisions the Partner must observe
The Partner shall observe the following provisions of the EUROCONTROL Licence, as they apply to a person to whom C Level makes available a product that contains the SET Equations. Each is reflected in the clause of these Partner Terms shown beside it.
1. The Operational Disclaimer: the SET Equations represent average “as operated” performance of an aircraft type, and comparisons between aircraft types or operators based on them are inappropriate. Clause 4e.
2. The Restrictions on Use: no modification of the SET Equations, and no comparative analyses between aircraft types, aircraft manufacturers, aircraft operators or any parties which may see those analyses as creating a distortion of competition. Clauses 5d and 5g.
3. The Intellectual Property Rights provisions: EUROCONTROL owns the SET Equations; no copyright, proprietary or confidential notice may be removed, altered or destroyed; the SET Equations may not be disclosed, distributed, published, modified, rented, leased, licensed, sublicensed or sold; and necessary security measures must be taken. Clauses 4a, 4c, 5g and 5h.
4. The requirement not to reverse engineer, decompile, disassemble or otherwise attempt to discern the SET Equations. Clauses 5b and 5c.
5. The Public Communications provisions: publicly released work bears the legend identifying EUROCONTROL as the owner of the SET Equations, and EUROCONTROL is informed in advance. Clauses 4b, 5i and Annex A.
6. The Disclaimer of Warranty and the Limitation of Liability in favour of EUROCONTROL. Clauses 4f and 10.
Accept these terms and ask for a key
Fill this in for your organisation. The API is for organisations acting in the course of a business only. C Level reads every request. If C Level approves it, the key is sent by a secure route. Accepting the terms does not guarantee approval, and nothing is issued automatically. If your organisation needs a signed copy instead, email [email protected] and we will send the terms for electronic signature.