Terms of Service
Last updated: December 21, 2024
1. Acceptance of Terms
By accessing or using Flight Clarity ("Service"), operated by Flight Clarity, Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Service.
2. Description of Service
Flight Clarity is a comprehensive web-based software platform designed for Fixed-Base Operators (FBOs) to manage flight operations, aircraft scheduling, hangar management, customer relationships, and related business processes. Our Service includes:
- Flight scheduling and operations management
- Aircraft rental and flight school management
- Hangar and tie-down space management
- Customer relationship management (CRM)
- Staff scheduling and task management
- Financial reporting and invoicing
- Safety and compliance tracking
3. User Accounts and Registration
3.1 Account Creation
To use our Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Responsibility
You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.
4. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable laws, regulations, or third-party rights
- Upload, transmit, or distribute any malicious software or harmful content
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the Service or servers connected to the Service
- Use the Service for any illegal, fraudulent, or unauthorized purpose
- Reverse engineer, decompile, or attempt to extract source code from the Service
- Resell, redistribute, or provide access to the Service to unauthorized third parties
5. Data and Privacy
5.1 Your Data
You retain ownership of all data you input into the Service ("Customer Data"). We will process Customer Data in accordance with our Privacy Policy and applicable data protection laws.
5.2 Data Security
We implement industry-standard security measures to protect your data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
5.3 Data Backup and Recovery
We regularly backup Customer Data and maintain disaster recovery procedures. However, you are responsible for maintaining your own backup copies of critical data.
6. Payment Terms
6.1 Subscription Fees
Access to the Service requires payment of subscription fees as outlined in your selected pricing plan. All fees are non-refundable unless otherwise specified.
6.2 Billing
Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. Payment is due immediately upon invoice.
6.3 Late Payment
If payment is not received within 30 days of the due date, we may suspend your access to the Service until payment is received.
6.4 Price Changes
We reserve the right to modify our pricing with 30 days' written notice. Price changes will not affect your current billing cycle.
7. Intellectual Property
7.1 Our Rights
The Service, including all software, content, trademarks, and other intellectual property, is owned by Flight Clarity, Inc. and is protected by copyright, trademark, and other intellectual property laws.
7.2 License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your business purposes.
7.3 Restrictions
You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.
8. Service Availability and Support
8.1 Uptime
We strive to maintain 99.9% uptime for our Service, excluding scheduled maintenance windows. We will provide advance notice of scheduled maintenance when possible.
8.2 Support
We provide customer support via email, phone, and in-app messaging during business hours (Monday-Friday, 8 AM - 6 PM PST). Emergency support is available 24/7 for critical issues.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIGHT CLARITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Flight Clarity, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses arising out of or relating to your use of the Service or violation of these Terms.
11. Termination
11.1 Termination by You
You may terminate your account at any time by contacting our support team. Upon termination, your access to the Service will cease, but you will remain responsible for any outstanding fees.
11.2 Termination by Us
We may terminate your access to the Service immediately if you violate these Terms or for any other reason at our sole discretion.
11.3 Effect of Termination
Upon termination, we will provide you with access to export your Customer Data for a period of 30 days, after which the data may be permanently deleted.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
12.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.
14. Miscellaneous
14.1 Entire Agreement
These Terms constitute the entire agreement between you and Flight Clarity regarding the Service and supersede all prior agreements and understandings.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
14.3 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Flight Clarity, Inc.
Email: legal@flightclarity.com
Phone: 1-800-FLIGHT-1
Address: [Company Address]