Terms and Conditions for EANS’ SWIM Information Services

Terms and Conditions for EANS’ SWIM Information Services  

 

Effective date: ______ 

Version: 1 

1. General and Scope of Application 

SWIM (System Wide Information Management) services are standardized digital services that enable the exchange of aviation information between different stakeholders such as air traffic management, airlines, airports, meteorological providers, etc. in a secure, interoperable, and real-time manner. For more details, please refer to the SWIM Reference. 

The main source of information about available SWIM information services is the SWIM Registry, which contains services definitions, descriptions and technical interface specifications. 

These Terms and Conditions for EANS’ SWIM Information Services (‘T&C’ or agreement) govern the provision and use of SWIM information services (‘Service’) supplied by Lennuliiklusteeninduse AS, registry code 10341618, (in English: Estonian Air Navigation Services) (‘EANS’). By accessing or using Service, you agree to accept and comply with all T&C-s written in here. You must not use the Service if you disagree with any of these terms and conditions. The current T&C-s are available at any time on the EANS website. 

2. Service and its purpose of its use 

EANS provides Service which includes interoperable solutions such as Aeronautical Aerodrome Map Request, Digital NOTAM Subscription and Request, and Aeronautical Information Feature Request which can be used in a way as described in SWIM Registry. The Service offers subscription and request capabilities to distribute aeronautical data based on event scenarios. 

EANS provides Service within Estonian airspace and the Tallinn FIR.  

Data or information obtained from the Service may be used solely for the user’s aviation organization’s operational and internal purposes. 

EANS has the right to unilaterally change and supplement the Service at any time due to the development of the Service and in the interests of better and safer use. 

The use of the Service is free of charge, “as is” and “as available”. EANS does not guarantee uninterrupted or error-free availability of the Service. There may be instances where the Service is unavailable due to scheduled maintenance, unexpected technical issues, or other unforeseen circumstances. In the event of malfunctions or errors in the Service, EANS will do everything possible to eliminate them as soon as possible. 

3. Authorization and Access 

To access and use the Service, the user must be assigned appropriate user roles within EANS’ authentication system, enabling access to the relevant functions and operations of the Service. 

In order to access and use the Service, the user must first become an authorized user. Authentication to the Service is performed using the following process: 

  1. The user must register as a user of the Service via the designated web form.
  2. Upon successful registration, the user will be issued a unique username and password.
  3. User is required to authenticate request by signing them with a valid X.509 certificate mTLS.
  4. The issued username and password shall be used for identification, authentication, and authorization when accessing and using the Service. 

Upon registration for the Service, the user’s IP address shall be collected and logged for analytics and user behavior analysis purposes. 

EANS uses digital certificates issued by HARICA (Hellenic Academic & Research Institutions Certification Authority) for secure, encrypted communication. HARICA is a qualified trust service provider under eIDAS Regulation (EU 910/2014). The use, validity, and management of these certificates are subject to HARICA’s Certificate Policy, Certification Practice Statement, and Subscriber Agreement, available on HARICA’s website. 

3. Service User 

The Service may only be used by aviation-domain (ATM) stakeholders and authorized users, and is not available to the general public. 

The user of the Service is prohibited from sharing information obtained from the Service with individuals outside user’s organization nor to any third party without the written consent of EANS. 

The user of the Service agrees to the following: 

  • the user must be affiliated with an organization operating within the aviation domain;
  • when registering an organization in the Service, the user agrees that they have the legal authority to bind that organization;
  • provide true, accurate, and complete personal and organizational information as requested during the registration process;
  • keep personal and organizational information current and accurate at all times;
  • the user is responsible for any activity that happens on or through user’s Service ID;   
  • the user is responsible for using the data or information obtained from the Service only for its intended purpose, and assumes full responsibility for all decision-making processes related to the use of such data or information;
  • the user shall implement appropriate technical and organizational measures consistent with SWIM Trust Frameworks which is available at SWIM Reference. 

5. Restrictions 

The user is specifically restricted from all of the following: 

  • publishing any content available in the Service for which the user has no rights in any other media;
  • selling, reselling, sublicensing and/or otherwise commercializing any content available in the Service for which the user has no rights;
  • not to provide any content received through the Service to any third party without the consent of EANS;
  • using the Service in any way that is or may be damaging it;
  • using the Service in any way that impacts user access to it;
  • using the Service in violation of applicable laws and regulations, or in any way that may cause harm to the Service or to any person or organization;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Service.
  • bypassing or attempt to bypass access controls;
  • submitting queries or requests exceeding Service rate limits;
  • conducting security testing, penetration testing, or vulnerability scanning without prior written authorization from EANS;
  • sell or rent his/her account to a third party or create fake or illegal accounts;
  • allow third parties to use his/her account and share credentials. The user is responsible for the security of his/her account and the confidentiality of his/her login details. 

EANS has the right to monitor the user’s compliance with these T&C-s. For this purpose, EANS may require the user to provide evidence of such compliance, and the user shall be obliged to provide such evidence upon request. EANS may also conduct audits.  

6. Security Obligations 

The user shall implement and maintain appropriate technical and organizational measures consistent with the SWIM Trust Frameworks to ensure the security, confidentiality, and integrity of data. 

Users shall promptly report to EANS any security incident in the user’s network, data breach, or data integrity issue in accordance with EANS’ incident reporting procedures. In case of security incident occurs in the user’s network, EANS will immediately terminate the connection between EANS and user’s network.  

7. Intellectual Property Rights 

All intellectual property rights in the Service, including the API, API Gateway, WFS interfaces, AMQP messaging infrastructure, software, and documentation, remain vested in EANS or its licensors, while all aeronautical data made available through the Service (including Aeronautical Data Sets, Digital NOTAM, digital PIB, and AIXM messages) remains the property of the relevant aeronautical information service providers or competent aviation authorities and may be subject to additional third-party and regulatory restrictions under applicable European aviation frameworks. 

The user is granted a limited, non-exclusive, non-transferable, and non-sublicensable right to access the Service via synchronous (SOAP/WFS) and asynchronous (AMQP) interfaces and to use the data solely for its internal and operational purposes, provided that the user shall not redistribute, resell, or otherwise make the data or Service available to third parties, shall not modify or misrepresent authoritative data (in particular Digital NOTAM), shall not remove attribution or proprietary notices, shall not access unauthorized data channels or circumvent security mechanisms (including mTLS and API controls), and shall ensure compliance with all applicable third-party rights and aviation regulatory requirements. 

Any outputs the user creates for internal use are allowed, as long as the underlying datasets are not exposed or reconstructed. All rights not expressly granted remain with EANS or third parties, and the user’s rights to use the Service and data end when the agreement terminates, except where retention is required by law. 

8. Liability 

EANS has made every reasonable effort to ensure that the information and all data presented in the Service, to the extent possible, are accurate, complete, current, reliable, and unambiguous in order to meet the needs of airspace users; however, the data in the Service is provided “as is” and “as available” with no guarantee of completeness or suitability for any particular purpose. 

EANS is not liable for any direct, indirect, incidental, or consequential damages arising from: the use or inability to use the Service or data, Service interruptions, delays, or errors. Any loss of data, revenue, or business resulting from use of the Service.  

EANS is not liable for outages or inaccuracies that originate outside its control. 

EANS is not liable for any operational decisions made by the user or its organization based on the data.  

The user is liable for any breach of these T&C-s and agrees to indemnify and hold EANS harmless from any losses, damages, or claims arising from such breach. EANS may conduct audits and request evidence of the user’s compliance with these T&C-s. 

9. Processing Personal Data 

Use of the Service via an account requires the processing of user data, including personal data (such as name, mobile phone number, email address, etc.), by EANS, as well as the transfer of such data for processing to persons involved in the provision of the Service (e.g. supervisory authorities, various governmental authorities, etc.). 

Pursuant to Article 72(1) of the Regulation 2018/1139 of the European Parliament and of the Council of 4 July 2018, the European Commission (Basic Regulation), the EANS, and other competent national authorities shall exchange information available to them that is related to the application of the Basic Regulation and the delegated and implementing acts adopted on the basis thereof, and that is relevant to other parties for the performance of their tasks under the Basic Regulation. Competent authorities of the Republic of Estonia entrusted with the investigation of accidents and incidents in civil aviation or the analysis of occurrences affecting safety shall also have access to such information for the performance of their duties. In accordance with implementing acts, EANS may also disseminate such information to interested parties referred to in the Basic Regulation. 

EANS processes all personal data in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR). The processing of personal data is subject to the EANS’ data protection terms, which are available on the EANS’ website at https://aim.eans.ee/en/conditions-for-data-protection 

The user shall process personal data disclosed during the performance of the agreement solely for the purpose of performing the agreement and only to the extent necessary for that purpose. The user is obliged to keep the processed personal data confidential and to process such data in accordance with the GDPR, and shall bear full liability for any breach of these obligations. 

The principles for the retention of personal data are governed by EANS’ data protection terms. Data related to the account shall be retained by EANS for one year after the deletion of the account. After the expiry of this period, the relevant data shall be deleted or anonymized if it is no longer required. 

In the event of a personal data breach, a party to the agreement shall notify the other party of the breach without undue delay after becoming aware of it. In the event of a breach procedure, the party shall provide full cooperation in order to prevent further damage and to mitigate the effects of the incident. 

10. Termination 

EANS may suspend or limit or terminate the user’s access to the Service immediately if the user violates these T&C-s or any applicable laws or regulations. 

EANS shall have the right to suspend or terminate the Service at any time, or to unilaterally terminate the agreement at any time by notifying the user via email or through the Service. 

The user shall have the right to unilaterally terminate the agreement at any time by notifying EANS of such intention via email (swim@eans.ee). 

Upon termination, suspension, or limitation, the Service shall be cancelled in whole or partly, as applicable.  

11. Modification to the Terms and Conditions 

These T&C-s can be amended, and the changes take effect from the time of writing, or the electronic notification, or on a date as stated in the notification. Users will be given the opportunity to take note of the amended T&C-s and have to accept them. If the user does not accept the amended T&C-s, access to the Service will be revoked. 

12. Applicable law and competent jurisdiction 

These T&C-s shall be governed by the laws of Estonia. The Estonian courts shall have sole jurisdiction to hear any dispute arising in connection with these T&C-s. 

If any provision of these T&C-s is held to be invalid or unenforceable by a court, the remaining provisions of these T&C-s will remain in effect. 

13. Support 

For contractual matters or to report issues related to Service operations or to request technical assistance, please contact Support at: swim@eans.ee.  

Support is available during working days from 08.00 to 16.30 Estonian time.