Terms of Use Agreement
Last updated: February 2025
INTRODUCTION
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 and 2024 including all downloadable content for the same and any other editions of the same (for example, Microsoft Flight Simulator: 40th 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 LICENSE
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.
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 errors 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 applications, mods, or add-ons that impair 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 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 unauthorized 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 making 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 unauthorized.
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 AVERTS
10.1 The Application does not contain any advertisements other than to purchase the Application, purchase Virtual Items, or 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. 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 an event, this Terms of Use Agreement shall be updated accordingly in accordance with Section 14.
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 defense of any such claim, and Skirmish Mode Games reserves the right, at our own expense, to assume the exclusive defense 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. 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 Games' 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 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]
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 the 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 our website (and/or in the 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 from 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 organization (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens and 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) is 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.