TERMS OF USE OF THE MAGNIFLY SEARCH PLATFORM
version of 1 November 2026
Courtesy translation. The Polish text at /pl/regulamin is the binding version (Terms § 11(2)); in case of discrepancy the Polish text prevails.
§ 1. General provisions
1. These Terms set out the rules for using the MagniFly Search online platform (the “Platform”), operated by Mateusz Tomczak, trading under the MagniFly brand (registration details: [NIP (tax identification number), address], hereinafter “MagniFly”).
2. The Platform serves to search for aircraft and operators, to estimate routes, costs and travel requirements, to direct enquiries to operators, to list available aircraft and empty legs, and to submit and accept offers (the “Services”). The Platform is intended exclusively for businesses and professional entities; it is not addressed to consumers.
3. A User is a broker (an intermediary in air carriage), an air carrier or a holder of an air operator certificate (AOC), and the persons acting on their behalf, to whom MagniFly has granted access (the “User”). A person accepting these Terms on behalf of an entity represents that he or she is duly authorised to do so.
§ 2. Access to the Platform
1. Access is granted by invitation, by providing the User with a key, a code or an individual link (the “Access Code”). Submitting a request for access does not oblige MagniFly to grant it.
2. The Access Code is confidential. A broker’s key and its passkeys are personal: they serve one person, to whom MagniFly has assigned the account; every further person using the Platform on behalf of the same User receives an account of their own, within the number of users included in the plan or for an additional fee under the Price List. An operator’s individual link may be used by the operator’s employees and associates acting on its behalf. The User is liable for the acts of the persons to whom it has given access as for its own. MagniFly may invalidate the Access Code at any time, in particular in the event of a breach of these Terms.
3. It is prohibited to make a broker’s key, its passkey, a signed-in device or login data available to another person. A broker’s key opens one login within 7 days of its issue, after which the User signs in with a passkey; the Platform limits the number of devices signed in to an account at the same time and records login data (kind of device, country, time, a hash of the IP address) in order to protect accounts and to detect their sharing. If an account is shared, MagniFly may block access immediately without refunding the fee for the current period, and the User shall pay a contractual penalty of 12 times the monthly fee for its plan under the Price List for each person to whom it has given access; MagniFly may claim damages exceeding the contractual penalty (art. 484 § 1, second sentence, of the Polish Civil Code).
4. The User provides true and current contact details (full name, company, e-mail address, telephone number) and updates them without delay. These details serve the performance of the Agreement, contact concerning the Services and MagniFly’s offers, and the pursuit of claims.
§ 3. Rules of use
1. The User uses the Platform in accordance with the law, good practice and these Terms, solely for the purpose of conducting its own business in air carriage or in intermediation therein.
2. The following in particular is prohibited: (a) copying, bulk downloading or automated downloading (scraping) of the Platform’s data, including the database of operators, aircraft, airports and listings; (b) making the Platform’s data available to third parties beyond the extent necessary to perform a specific transaction; (c) submitting sham offers or enquiries, without the intention of carrying them out; (d) using the Platform to establish contact with an Introduced Party in order to conclude a transaction bypassing MagniFly; (e) interfering with the operation of the Platform, its security measures or the access codes of other Users.
3. Enquiries and offers submitted through the Platform are of a commercial nature and bind the User to the extent following from their content and from the broker agreement or the agreement with the operator.
§ 4. MagniFly’s remuneration
1. Use of the Platform requires a paid plan under the Price List; only the preview with sample data is free of charge. MagniFly’s remuneration for transactions concluded thanks to the Platform is set out in the Broker Cooperation Agreement or the Operator Agreement, as applicable, which the User accepts together with these Terms according to its role.
2. The remuneration is due to MagniFly also where a transaction with an Introduced Party has been concluded outside the Platform, within the period specified in § 7.
3. The fees for plans, for users and aircraft above the plan’s limit, the fee for featuring a listing and the “buy now” hold fee are set out in the Price List available on the Platform (/pl/cennik, in English at /en/pricing), which forms an integral part of these Terms; the prices in the Price List are net prices in euro, and amounts in other currencies are indicative. The Price List is amended in the manner provided for in § 11(3). The Commissions set out in the Broker Cooperation Agreement and the Operator Agreement are reduced to the rate of the plan the User had paid for on the day the transaction was concluded. The hold fee is credited against the Commission and is forfeited where the User withdraws from the transaction after the operator’s confirmation.
4. The plan fee is payable in advance for the billing period (a month or a year, a year counting as 10 months) and is not refundable for any unused period; the User may, however, withdraw from the first period within 14 days of the first payment, in which case MagniFly refunds the plan fee in full. The refund does not cover Commissions on Transactions concluded in that time. MagniFly may suspend access to the Platform until the plan fee is paid.
§ 5. User content and data
1. The User grants MagniFly a non-exclusive, royalty-free licence to store, process and present to other Users the content entered into the Platform (listings, offers, descriptions) to the extent necessary to provide the Services.
2. The User is responsible for the lawfulness and truthfulness of the content it enters, in particular for the currency of aircraft availability, the validity of certificates and authorisations, and the prices stated in listings.
3. MagniFly may use data arising in the Platform (enquiries, routes, dates and passenger numbers, operators' answers, listing prices and accepted offers, reasons for refusals recorded by brokers) in aggregate form, without personal data and without identifying the User or its clients, to prepare market statistics made available to brokers cooperating with MagniFly. Price medians are shown only from the data of at least three operators, and figures from external brokers' mailboxes only from the data of at least three brokers.
4. An external broker may forward its correspondence with operators to the Platform mailbox address assigned to it. Only that broker sees it; MagniFly stores it on the broker's behalf, does not review its content or recipients, does not share it with other Users and uses from it only the aggregate figures referred to in paragraph 3.
§ 6. Confidentiality
1. The Parties shall keep confidential the commercial, technical and organisational information obtained in connection with the use of the Platform, in particular client data, routes, dates, prices, margins, operators’ offers and the manner in which the Platform operates (“Confidential Information”), and shall use it solely for the purpose of performing the Agreement.
2. The confidentiality obligation continues for the term of the Agreement and for 24 months after its termination, and with respect to personal data – indefinitely.
3. Disclosure of information required by law or by a final and binding court decision does not constitute a breach, provided that the other Party has been notified in advance, where this is permissible.
§ 7. Non-circumvention
1. The User undertakes that, during the term of the Agreement and for 24 months from the last contact made through the Platform, it will not – whether itself or through affiliated entities or third parties – conclude, negotiate or perform, bypassing MagniFly, any transaction with a party with whom it established contact thanks to the Platform or MagniFly (an “Introduced Party”), where the subject of the transaction is air carriage, the hire of an aircraft or a service related thereto.
2. A transaction concluded with an Introduced Party in breach of paragraph 1 is treated as concluded through the Platform: MagniFly is entitled to the remuneration in the full amount provided for in the Agreement, and the User shall disclose the terms of the transaction to MagniFly within 7 days of being requested to do so.
3. For each breach of paragraph 1 the User shall pay MagniFly a contractual penalty equal to 3 times the remuneration to which MagniFly would have been entitled for the transaction concerned, but not less than 5 000 €. MagniFly may claim damages exceeding the contractual penalty under the general rules (art. 484 § 1, second sentence, of the Polish Civil Code).
4. The burden of proving that contact with the Introduced Party existed before the Platform was used and did not result from it rests with the User; evidence may consist in particular of documented correspondence predating the first contact through the Platform.
§ 8. Personal data
1. MagniFly is the controller of the personal data of the User and of the persons acting on its behalf. The data are processed for the purpose of concluding and performing the Agreement (art. 6(1)(b) of the GDPR (Regulation (EU) 2016/679)), of complying with legal obligations (point (c)) and in MagniFly’s legitimate interest: maintaining business contacts, pursuing claims and securing the Platform (point (f)); direct marketing of MagniFly’s own services is carried out on the basis of consent or of legitimate interest, with the right to object at any time.
2. Details are set out in the Privacy Policy available on the Platform. A User who provides MagniFly with the data of third parties (passengers, employees) represents that it is authorised to do so and has fulfilled its information obligations towards them.
§ 9. Liability
1. MagniFly is an intermediary and the provider of the Platform; it is neither an air carrier nor a party to the contract of carriage, unless a separate agreement expressly provides otherwise. The data presented on the Platform (estimates of prices, times, ranges, fees, entry requirements, aircraft availability) are indicative and require confirmation by the operator; only the operator’s offer is binding.
2. MagniFly’s liability towards the User on any grounds is limited to the amount of the remuneration received by MagniFly from that User in the 12 months preceding the event and does not cover lost profits; the limitation does not apply to damage caused intentionally.
3. The User is liable for the acts of the persons to whom it has made the Access Code (the key, code or link referred to in the Terms) available as for its own acts, and shall notify MagniFly without delay of any loss of control over the code.
§ 10. Term and termination
1. The Agreement is concluded for an indefinite period. Either Party may terminate it by termination notice with a 30-day notice period, given in documentary form (e-mail).
2. MagniFly may terminate the Agreement with immediate effect and block access in the event of a breach of the §§ concerning confidentiality, non-circumvention or the rules of use of the Platform, or of a delay in payment exceeding 14 days.
3. Termination of the Agreement does not affect claims that arose before it; the provisions on confidentiality, non-circumvention, remuneration due for transactions initiated during the term of the Agreement, contractual penalties, liability and governing law remain in force.
§ 11. Final provisions
1. The Agreement is concluded in documentary form (art. 77² of the Polish Civil Code (documentary form)) at the moment the User ticks the acceptance box and submits the form; MagniFly records the content of the document, its version and hash, the date and time, the e-mail address and the technical data of the connection, and sends the full text to the User at the e-mail address provided. This record constitutes evidence of the conclusion of the Agreement and of its content.
2. The Agreement is governed by Polish law, to the exclusion of its conflict-of-laws rules and of the United Nations Convention on Contracts for the International Sale of Goods. Disputes shall be resolved by the Polish common court having jurisdiction over MagniFly’s registered seat. The Polish text is decisive; translations are auxiliary only.
3. MagniFly may amend the document for important reasons (a change in the law, in the scope of the services or in the settlement rules), notifying the User by e-mail at least 14 days before the amendments take effect; failure to give termination notice within that period constitutes acceptance of the amendments. Transactions initiated before the amendment are settled under the previous rules.
4. If any provision proves invalid or ineffective, the remaining provisions remain in force, and the Parties shall replace it with a valid provision closest to the economic purpose of the provision replaced. The User may not assign its rights under the Agreement without MagniFly’s consent. Contact: concierge@magnifly.services.