Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and AviationOS, LLC ("AviationOS," "we," "us," or "our") governing your access to and use of our website, platform, software applications (including Stabilator), and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

If you are accessing the Services on behalf of an organization (such as a flight department, charter operator, or FBO), you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will be deemed to include both you individually and the organization.

2. Description of Services

AviationOS provides a cloud-based operating system and platform for aviation operations management. Our Services include, but are not limited to:

• Aircraft operations and scheduling management
• Safety, risk assessment, and compliance tracking
• Maintenance and airworthiness management
• FBO and airport operations coordination
• Cost and payment processing
• Integrated applications, including Stabilator
• Data integration with third-party aviation services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you must register for an account and provide 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 Security

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, if we determine that you have violated these Terms or engaged in any fraudulent, abusive, or illegal activity.

4. Acceptable Use

4.1 Permitted Use

You may use the Services solely for lawful business purposes in accordance with these Terms and applicable aviation regulations.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable federal, state, local, or international law or regulation, including aviation safety regulations
• Infringe upon the intellectual property rights of AviationOS or any third party
• Transmit any malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to the Services or related systems
• Reverse engineer, decompile, or disassemble any portion of the Services
• Use the Services to process false, fraudulent, or inaccurate information
• Interfere with or disrupt the integrity or performance of the Services
• Use automated systems (bots, scrapers) to access the Services without authorization
• Share, resell, or sublicense access to the Services without our written permission
• Use the Services in any manner that could damage, disable, or impair our servers or networks

5. User Content and Data

5.1 Ownership of User Data

You retain all ownership rights in the data, information, and content you upload, input, or otherwise provide to the Services ("User Data"). You grant AviationOS a non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Data solely to provide, maintain, and improve the Services.

5.2 Your Responsibilities

You are solely responsible for:

• The accuracy, completeness, and legality of all User Data
• Obtaining all necessary rights and permissions for User Data you provide
• Complying with all applicable aviation regulations and requirements
• Maintaining backups of critical operational data
• Ensuring User Data does not violate any third-party rights or contain sensitive personal information without proper authorization

5.3 Data Retention and Deletion

You may request deletion of your User Data at any time. Upon termination of your account, we will delete or anonymize your User Data in accordance with our data retention policies and applicable law, except where retention is required for legal compliance, dispute resolution, or aviation safety purposes.

6. Intellectual Property Rights

6.1 AviationOS Property

The Services, including all software, technology, designs, graphics, text, logos, and other content (collectively, "AviationOS Property"), are owned by AviationOS or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. All rights not expressly granted to you are reserved.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the term of your subscription.

6.3 Feedback

If you provide feedback, suggestions, or ideas regarding the Services, you grant AviationOS an irrevocable, perpetual, royalty-free license to use, modify, and incorporate such feedback into the Services without any obligation to compensate you.

7. Subscription, Fees, and Payment

7.1 Subscription Plans

Our Services are offered on a subscription basis. Subscription terms, features, and pricing are set forth in your subscription agreement or on our pricing page. We reserve the right to modify our pricing with advance notice.

7.2 Payment Terms

Subscription fees are billed in advance on a recurring basis (monthly or annually) according to your subscription plan. Payment is due upon invoicing. All fees are non-refundable except as required by law or as expressly stated in your subscription agreement.

7.3 Late Payments

If payment is not received by the due date, we may suspend or terminate your access to the Services. You are responsible for all costs of collection, including reasonable attorney fees, in the event of non-payment.

7.4 Taxes

You are responsible for paying all taxes, duties, and governmental charges (except taxes on our income) associated with your use of the Services.

8. Third-Party Services and Integrations

The Services may integrate with or provide links to third-party services, including aviation data providers, payment processors, and other tools. Your use of third-party services is subject to the terms and conditions and privacy policies of those third parties. We are not responsible for the availability, accuracy, or content of third-party services, and we disclaim all liability arising from your use of such services.

9. Aviation Safety and Regulatory Compliance

CRITICAL NOTICE: AviationOS provides operational management tools and data integration services. Our Services are designed to support, but do not replace, your professional judgment and regulatory compliance obligations. You acknowledge and agree that:

• You are solely responsible for ensuring compliance with all applicable aviation regulations, including but not limited to FAA regulations, ICAO standards, and local aviation authorities
• You must verify all flight-related data, weather information, NOTAMs, and other operational information before use
• AviationOS is not responsible for flight safety decisions, aircraft airworthiness determinations, or regulatory compliance
• You must maintain appropriate backup systems and verify critical information through authoritative sources
• Use of the Services does not relieve you of any duty or responsibility under applicable aviation laws and regulations

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, AVIATIONOS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not guarantee the accuracy, completeness, or timeliness of any data, information, or content provided through the Services, including third-party data integrations.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVIATIONOS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF AVIATIONOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

AVIATION SAFETY EXCLUSION: In no event shall AviationOS be liable for any damages, losses, or claims arising from aviation accidents, incidents, or safety-related events, regardless of whether such events are alleged to relate to the use or non-use of the Services.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless AviationOS, its affiliates, licensors, and service providers, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your User Data or any content you provide
• Your infringement of any third-party rights
• Any aviation operations, decisions, or activities you conduct using or in connection with the Services

13. Termination

13.1 Termination by You

You may terminate your account and subscription at any time by contacting us or using account termination features in the Services. Termination will be effective at the end of your current billing period, unless you request immediate termination (fees for the current period are non-refundable).

13.2 Termination by Us

We may suspend or terminate your access to the Services immediately, with or without notice, if you breach these Terms, engage in fraudulent or illegal activity, or for any other reason at our sole discretion.

13.3 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. We may delete or anonymize your User Data in accordance with our data retention policies. Provisions of these Terms that by their nature should survive termination (including Sections 5, 6, 10, 11, 12, and 15) will survive.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified to you via email or through a notice in the Services. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services and terminate your account.

15. General Provisions

15.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Travis County, Texas, and you hereby consent to the personal jurisdiction and venue of such courts.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any subscription agreement, constitute the entire agreement between you and AviationOS regarding the Services and supersede all prior agreements and understandings.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

15.4 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.

15.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, internet outages, or acts of government.

15.7 Relationship of Parties

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and AviationOS.

16. Contact Information

If you have questions about these Terms, please contact us: