Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) are a binding agreement between AviateOps, Inc. (“AviateOps”, “we”, “us”) and the entity or individual that creates an AviateOps account (“Customer”, “you”). By creating an account, accessing the Service, or clicking “I agree”, you accept these Terms. If you are accepting on behalf of a flight school, employer, or other organization, you represent that you have authority to bind that organization, and references to “you” mean that organization.

2. Definitions

• Service means the AviateOps web application, APIs, mobile interfaces, documentation, and related services we make available under these Terms.
• Customer means the flight school or other organization that subscribes to the Service.
• End User means an individual you authorize to access the Service through your account — for example, an owner, dispatcher, certified flight instructor, student pilot, or maintenance contact.
• Subscription means a paid plan that grants access to the Service for a stated term.
• Customer Data means data that you or your End Users submit to or generate in the Service — including, for example, aircraft records, reservations, Hobbs and Tach entries, squawks, invoices, contact information, and uploaded documents.
• Documentation means the published guides, help articles, and reference material that describe the Service.

3. Account registration and security

To use the Service you must create an account and provide accurate, current information. You must be at least 18 years old and have the legal capacity to enter into a binding contract. You are responsible for safeguarding your credentials and for all activity that occurs under your account, including activity by your End Users. You must notify us promptly at hello@aviateops.com if you suspect unauthorized access to your account.

You are responsible for the conduct of your End Users and for ensuring they comply with these Terms. Each End User must access the Service through their own credentials — credential sharing is not permitted.

4. Subscription, fees, and billing

The Service is provided on a subscription basis. Fees, billing frequency, and included usage are described on our pricing page or in an order you accept with us. Unless stated otherwise, subscriptions are billed in advance through our payment processor, Stripe, and automatically renew at the end of each billing period at the then-current rate until cancelled.

You may cancel your subscription at any time from your account settings. Cancellation stops future renewals; access continues through the end of the paid period. Except where required by law, fees already paid are non-refundable. If you believe you have been billed in error, contact us within 30 days at hello@aviateops.com and we will review the charge in good faith.

Fees are stated exclusive of taxes. You are responsible for any sales, use, VAT, GST, or similar taxes, other than taxes on our net income. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

5. Acceptable use

You will not, and will not permit any End User to:

• Use the Service to violate any law, regulation, or third party right.
• Transmit content that is unlawful, harassing, defamatory, obscene, fraudulent, or that infringes intellectual property or privacy rights.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent that applicable law expressly permits despite this limitation.
• Scrape, crawl, or use automated means to extract data from the Service other than through our published APIs and within their documented rate limits.
• Probe, scan, or test the vulnerability of the Service or circumvent any security or authentication mechanism, other than under a coordinated disclosure arrangement with us.
• Resell, sublicense, or provide the Service to third parties as a standalone offering.
• Interfere with or disrupt the integrity or performance of the Service, including by overloading or flooding it.
• Use the Service to send unsolicited bulk communications or malware.

We may suspend access without notice to address active security or abuse issues, and will restore access as soon as reasonably practicable.

6. Customer Data

As between you and us, you own all rights, title, and interest in Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, and display Customer Data solely as needed to provide and improve the Service, to prevent or address technical or security issues, and to comply with law. We do not sell Customer Data.

You are responsible for the accuracy, quality, and legality of Customer Data and for the means by which you acquired it. You represent that you have all rights and consents needed to provide Customer Data to the Service and to authorize our processing of it.

We may generate aggregated and de-identified data from use of the Service (for example, anonymized usage statistics) and may use that data to operate, secure, improve, and benchmark the Service, provided the data does not identify you or any individual.

7. Intellectual property

The Service, including the AviateOps name, logo, software, interfaces, and Documentation, is owned by AviateOps and is protected by intellectual property laws. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription term for your internal business operations.

If you give us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you. We will not identify you as the source without your consent.

8. Confidentiality

Each party may receive non-public information of the other party (“Confidential Information”) in connection with these Terms. Customer Data is your Confidential Information. The Service, Documentation, and our pricing (other than published pricing) are our Confidential Information.

The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least the same care it uses for its own confidential information (and no less than reasonable care), and will not disclose it except to its employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations. This Section does not apply to information that is or becomes public without breach, is already known to the receiver without confidentiality obligation, is independently developed, or must be disclosed by law (in which case the receiver will give reasonable notice where permitted).

9. Disclaimers and warranties

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that it will meet your specific requirements.

Aviation and safety disclaimer. AviateOps is operations software — a system of record for scheduling, dispatch, time entry, maintenance tracking, and billing. It is not a flight planning system, a weather briefing service, a dispatch-release authority, an airworthiness determination system, or a substitute for the judgment of a certificated pilot, flight instructor, or mechanic. You and your End Users remain solely responsible for compliance with Federal Aviation Regulations, applicable training-program requirements, aircraft airworthiness, fuel and weight-and-balance verification, weather assessment, NOTAMs, currency and medical requirements, and all preflight, in-flight, and post-flight decisions. Any data shown in the Service — including Hobbs and Tach values, times-to-next-inspection, squawk status, and reservation information — must be independently verified against aircraft records and physical inspection before it is relied on for flight operations or maintenance decisions.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or cost of substitute services, even if advised of the possibility of such damages.

Each party’s total aggregate liability arising out of or relating to these Terms will not exceed the fees you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim. These limits apply regardless of the legal theory and survive any failure of essential purpose of any limited remedy. These limits do not apply to your payment obligations, breach of Section 5 (Acceptable Use), breach of Section 8 (Confidentiality), either party’s indemnification obligations, or liability that cannot be limited by law.

11. Indemnification

By us.We will defend you against any third party claim alleging that the Service, used in accordance with these Terms, infringes that third party’s intellectual property rights, and we will pay amounts finally awarded against you by a court or agreed in settlement. If the Service becomes, or we believe it may become, the subject of an infringement claim, we may at our option modify the Service, obtain a license, or terminate the affected subscription and refund prepaid, unused fees.

By you.You will defend us against any third party claim arising from (a) Customer Data, (b) your or your End Users’ use of the Service in violation of these Terms or applicable law, or (c) your violation of aviation regulations or any other law in connection with your operations, and you will pay amounts finally awarded against us or agreed in settlement.

The indemnified party must promptly notify the indemnifying party of the claim, give it sole control of the defense and settlement (provided no settlement may admit liability or impose non-monetary obligations on the indemnified party without consent), and reasonably cooperate at the indemnifying party’s expense. This Section states the parties’ sole liability and exclusive remedy for third party intellectual property claims.

12. Term and termination

These Terms begin when you first accept them and continue for the duration of your subscription. Each subscription term renews automatically as described in Section 4 unless cancelled.

Either party may terminate for cause if the other party materially breaches these Terms and fails to cure the breach within thirty (30) days after written notice. We may suspend or terminate immediately for non-payment or for conduct that presents a security, legal, or operational risk.

On termination: your access to the Service ends; you will pay any fees accrued through the termination date; and for thirty (30) days following termination you may export your Customer Data through the Service’s export functionality. After that 30-day window we may delete Customer Data from active systems, subject to backups that age out in the ordinary course. Sections that by their nature should survive (including fees owed, Customer Data, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will survive termination.

13. Modifications to the Service or these Terms

We continually improve the Service and may add, change, or remove features. We will not materially reduce the core functionality of a paid plan during a billing period without notice.

We may update these Terms from time to time. If we make a material change, we will give you reasonable advance notice — for example, by email to the administrative contact on your account or by an in-product notice — before the change takes effect. If you do not agree to a material change, your remedy is to cancel before the effective date; continued use after the effective date means you accept the updated Terms.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before filing a formal proceeding, the parties will try in good faith to resolve any dispute by sending written notice to the other party describing the dispute and a proposed resolution. Notices to us should go to hello@aviateops.com. The parties will then negotiate in good faith for sixty (60) days before initiating arbitration or litigation.

Arbitration. Any dispute not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Palm Beach County, Florida, by a single arbitrator, in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive or equitable relief in a court of competent jurisdiction in Palm Beach County, Florida to protect its intellectual property or Confidential Information. The parties waive any right to a jury trial and to participate in a class, collective, or representative action.

15. Miscellaneous

• Entire agreement. These Terms, together with any order you accept with us and any policies referenced here, are the entire agreement between the parties on this subject and supersede all prior agreements and understandings.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect and the unenforceable provision will be modified to the minimum extent needed to make it enforceable.
• Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger, acquisition, or sale of substantially all assets, provided the successor is not a competitor of ours. We may assign these Terms in connection with a corporate transaction. Any other attempted assignment is void.
• No waiver. A failure to enforce any right is not a waiver of that right.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, outages of upstream providers, network or power failures, civil unrest, or government action.
• Independent contractors. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship.
• Notices. Notices to you may be sent to the administrative email address on your account. Notices to us must be sent to hello@aviateops.com.

16. How to contact us

Questions about these Terms or the Service can go to hello@aviateops.com. We reply the same day during US business hours.