Terms of Service (User Agreement)

Effective date: October 10, 2026

Last updated: October 14, 2026

---

Provider: Aerial Flight Management System LLC, an Illinois limited liability company (“Company,” “Aerial,” “we,” “us,” or “our”)

Product: the Aerial flight management software and related websites, apps, and services (the “Service”)

Contact: contact@flyaerial.app

Address: 730 N Milwaukee Ave, Chicago, IL 60642

By creating an account, creating or joining an organization, clicking “I agree,” or using the Service, you agree to these Terms of Service (the “Terms”) and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

If you accept on behalf of a flight school, club, or other entity, you represent that you have authority to bind that entity. In that case, “you” means the entity and its Authorized Users, and the Data Processing Addendum (the “DPA”) forms part of these Terms for that entity.

IMPORTANT NOTICES. Please read Section 1.4 (Aviation safety and regulatory responsibility), Section 11 (Disclaimers), Section 13 (Indemnification), and Section 14 (Limitation of liability) carefully. Section 15 contains a binding individual arbitration agreement and a class-action and jury-trial waiver that affect how disputes between you and us are resolved. You can opt out of arbitration within 30 days (Section 15.6). Paid plans, including plans that start with a free trial, renew automatically until you cancel (Sections 8.3 and 8.8).

---

1. The Service

1.1 Description

The Service is a cloud software platform for flight training operations and individual pilots. Depending on your plan and permissions, it may include:

Organization and membership management (roles, invitations, locations)
Flight scheduling, requests, availability, and related workflows, including dispatch and check-in steps and recording of meter readings (e.g., Hobbs and tach times)
Digital logbook and training records, including electronic signatures by students and instructors, instructor verification, and endorsements (including solo endorsements)
Training programs, enrollments, lesson progress, and grading
Aircraft, fleet, and maintenance-related records, including maintenance items, inspection and due-item tracking, squawks (discrepancy reports), and grounding status
Weather information from third-party sources (e.g., aviationweather.gov) displayed alongside bookings
Data import tools, analytics and reporting, and in-app and email notifications
Billing features, which may include school subscription billing, personal logbook plans, student invoicing, payment plans, cards on file, and payment collection through third-party processors (e.g., Stripe, including Stripe Connect where enabled)
Document storage and profile and compliance-related fields (e.g., pilot certificates, medical certificates, government identification and citizenship documents, and related dates you choose to enter)

We may add, change, or remove features. Material changes are handled under Section 10 (Changes), and changes to Fees under Section 8.6.

1.2 What the Service is not

The Service is operations and record-keeping software, not:

Flight instruction, air traffic services, or aircraft dispatch or operational control within the meaning of 14 CFR (the Service’s “dispatch” and “check-in” steps are scheduling and record-keeping workflows, not a dispatch release or flight authorization)
A substitute for a certificated instructor, chief instructor, mechanic, inspector, or a school’s Part 61 or Part 141 (or equivalent) obligations
Legal, tax, accounting, insurance, or aviation-regulatory advice, or any other aviation advice
A guarantee of checkride readiness, certificate issuance, airworthiness, or regulatory compliance
An electronic flight bag, flight planning system, official weather briefing, or aircraft airworthiness determination system

You remain solely responsible for safe flight operations, training quality, instructor qualifications, aircraft airworthiness, recordkeeping required by applicable aviation authorities, and decisions made with or without using the Service.

1.3 Beta and early access

If we label features as beta, preview, early access, or pilot, or enable a feature for a limited set of Organizations, they are provided as is, may be unstable, and may change or end without notice. Do not rely on beta features for sole copies of required training records.

1.4 Aviation safety and regulatory responsibility

The Service helps you organize information. It does not perform, and does not relieve anyone of, any duty imposed by the Federal Aviation Regulations (14 CFR) or other aviation law. In particular:

Pilot in command. The pilot in command is directly responsible for, and is the final authority as to, the operation of the aircraft (14 CFR 91.3), is responsible for determining whether the aircraft is in condition for safe flight (14 CFR 91.7), and must become familiar with all available information concerning a flight, including weather (14 CFR 91.103). Nothing shown in the Service, including a booking, a “dispatched” or “checked-in” status, an aircraft status, or the absence of a warning, means a flight is safe, legal, or authorized.
Owners and operators. The aircraft owner or operator is primarily responsible for maintaining the aircraft in an airworthy condition (14 CFR 91.403), for required inspections (14 CFR 91.409), and for maintenance records (14 CFR 91.417). Maintenance entries and approvals for return to service are made by appropriately certificated persons under 14 CFR Part 43, not by the Service.
Logbooks and endorsements. Pilots are responsible for logging the training and aeronautical experience they use to meet certification and recency requirements (14 CFR 61.51). Instructors are responsible for the content, accuracy, and legal sufficiency of every endorsement and sign-off they give (including solo endorsements under 14 CFR 61.87 and the other endorsements required by Part 61). Endorsement templates, validity periods, and warnings in the Service are conveniences; they may be incomplete or out of date, and they are not a determination that a person is eligible, qualified, or current.
Schools. Organizations remain responsible for their training programs, instructor and student qualifications and currency, aircraft, rental and dispatch policies, and any Part 141 or other certificate obligations.

You agree that you will not rely on the Service as the sole source of any information required for a safety-of-flight, airworthiness, currency, or eligibility decision.

1.5 Maintenance tracking, squawks, and grounding

Maintenance items, inspection and due-item calculations, squawks, and grounding or availability flags in the Service are aids only. They depend on data entered by users (including meter readings, dates, intervals, and the completeness of the items you configure) and on software logic that may contain errors or delays. A due item may be calculated incorrectly, shown late, or not shown at all; a squawk may not be entered, routed, or displayed; and an aircraft may appear available when it is not airworthy, or grounded when it is airworthy. An aircraft’s status in the Service is not a determination of airworthiness, and clearing a squawk or grounding flag in the Service is not a return to service. The Organization and the aircraft owner or operator remain solely responsible for tracking and complying with all required inspections, airworthiness directives, life limits, and maintenance, and for keeping the official aircraft maintenance records required by law. Any feature that blocks or warns about a booking or dispatch (for example, a grounding, solo-endorsement, or document-expiry check) may be overridden by authorized users, misconfigured, or unavailable, and we are not responsible for a flight that occurs, or does not occur, because such a check did or did not operate.

1.6 Weather and other third-party information

Weather and other aeronautical information shown in the Service is obtained from third-party sources (such as aviationweather.gov) and may be delayed, incomplete, unavailable, or wrong, and may not reflect current or forecast conditions at your time and place of flight. It is provided for general planning convenience only and is not an official weather briefing and not a substitute for the preflight action required by 14 CFR 91.103. Obtain an official briefing from an FAA-approved source before every flight.

1.7 Meter readings, flight times, and derived amounts

Meter readings (e.g., Hobbs and tach), flight and block times, and other operational values are entered by users. Totals, maintenance due times, logbook times, invoices, and other values the Service calculates from them are only as accurate as the entries they are based on. Organizations are responsible for reviewing calculated amounts before charging students, and pilots are responsible for verifying times before relying on them for any regulatory purpose.

1.8 Availability, outages, and your records

The Service depends on the internet, our hosting and database providers, and other third parties, and may be unavailable, slow, or inaccessible (including offline, at the airport, or during maintenance or an outage). We do not offer a service-level commitment unless one is in a signed order form. Although we back up data, data may be lost or corrupted. You are responsible for keeping any record you are legally required to keep (including pilot logbooks, training records, maintenance records, and the records required of flight training providers) in a form that satisfies the applicable regulation, and for maintaining independent copies of records you cannot afford to lose. Use the export features the Service provides (Section 12.4).

---

2. Eligibility and accounts

2.1 Eligibility

You must be at least 16 years old to create an account or use the Service. If you are 16 or 17 years old (or otherwise under the age of majority where you live), you represent that your parent or legal guardian has given you permission to use the Service and has agreed to these Terms on your behalf, and your parent or legal guardian is responsible for your use of the Service. No one under 16 may create an account or use the Service, and the Service is never directed to children under 13. If we learn that an account belongs to someone under 16, we will close it and delete the associated personal information as described in the Privacy Policy.

The Service is directed to flight schools, flying clubs, instructors, students, pilots, and related staff. You may not use the Service if you are barred under applicable law or if we have previously suspended or terminated your access.

2.2 Account registration

You agree to:

Provide accurate, current registration information
Keep credentials confidential and not share login access (except through features we provide, such as organization invitations)
Promptly update information that becomes inaccurate
Notify us promptly of unauthorized access at contact@flyaerial.app
Accept responsibility for activity under your account

We may require email verification and additional identity or payment verification for billing or payment-account onboarding.

If you sign in with a third-party account (such as Google or Microsoft), that provider’s terms govern your use of that account, you are responsible for keeping it secure, and losing access to it may cause you to lose access to the Service until you recover it or set a password.

2.3 Account types

Individual users create personal accounts. An account may belong to one or more Organizations (flight schools, clubs, or independent operations) with one or more roles (e.g., school owner, admin, instructor, student, scheduler, maintenance, billing). Permissions follow our role-based access controls as configured by Organization administrators and by us. Individuals may also use certain features, such as a personal logbook, without belonging to an Organization, subject to the applicable plan.

---

3. Organizations, invitations, and administrator duties

3.1 Creating an Organization

When you create an Organization, you (or the entity you represent) become responsible for that Organization’s use of the Service, including:

Configuring roles, permissions, locations, and settings
Inviting, removing, and managing members
Content and data uploaded or entered for the Organization
Compliance with aviation, employment, student-privacy, and consumer laws applicable to your school
Payment of Fees for paid plans and for student billing you enable

3.2 Authorized Users

“Authorized Users” are individuals you invite or add to your Organization. You must ensure they:

Are people you are authorized to enroll, and meet the age requirement in Section 2.1
Agree to these Terms (or are bound through your policies as your personnel or students)
Use the Service only for legitimate training-organization purposes

You are responsible for Authorized Users’ acts and omissions as if they were your own, to the extent permitted by law.

3.3 Invitations and membership notices

Invitations may grant access to Organization data, including schedules, training progress, and (subject to permissions) personal or aviation profile fields. Send invitations only to intended recipients. Misdirected invitations can expose personal data; you bear that risk for invitations you send.

3.4 Multi-organization and dual roles

A user may hold multiple roles in an Organization and may belong to multiple Organizations. You agree that role grants you assign (including dual roles such as owner and instructor) correctly reflect authority and qualifications. We do not independently verify FAA certificates, ratings, medicals, endorsements, identity documents, citizenship, or employment status, and any “verified” or similar indicator in the Service reflects an action taken by a user, not by us.

3.5 Organization as controller; Data Processing Addendum

For Organization Data, the Organization is the controller (or “business”) and we act as its processor (or “service provider”). The Data Processing Addendum is incorporated into these Terms for every Organization and governs our processing of personal data on the Organization’s behalf. By accepting these Terms for an Organization, you accept the DPA for it. We act as an independent controller of account, billing, security, and legal-compliance data, and of personal logbook data individuals keep outside an Organization, as described in the Privacy Policy (see also Section 5).

3.6 Organization configuration, member data, and compliance programs

Each Organization is solely responsible for: (a) the roles and permissions it grants, including who can see members’ personal information, documents, and billing data, and who can override warnings or holds; (b) the accuracy of the information its users enter about members, aircraft, flights, and charges; (c) obtaining any notices and consents required to collect and use its members’ personal information, including documents such as medical certificates, government identification, and citizenship evidence; and (d) its own compliance programs, including any obligation to verify and retain citizenship or identity evidence for flight training (for example, under 49 CFR Part 1552). The Service may store documents and dates you use for those programs, but it does not perform identity or citizenship verification, security threat assessments, or TSA notifications, and storing a document in the Service does not by itself satisfy any retention requirement.

---

4. Acceptable use

You will not (and will not allow others to):

1. Violate law, aviation regulations, or third-party rights

2. Upload malware, scrape the Service except through interfaces we authorize, or probe for vulnerabilities except as part of a good-faith report to contact@flyaerial.app that does not access other users’ data or disrupt the Service

3. Bypass access controls, share accounts, or misrepresent identity or roles

4. Use the Service to harass, discriminate unlawfully, or collect personal data without a lawful basis and notice

5. Enter false training, logbook, medical, or certificate data, sign or endorse records in another person’s name, or alter signed or locked records except through features we expressly provide

6. Interfere with other customers’ use or with Service infrastructure

7. Resell, white-label, or provide the Service to third parties except as expressly allowed in your plan

8. Use the Service to process payment card data outside of our designated payment provider flows (never paste full card numbers into free-text fields, notes, or support messages)

9. Reverse engineer the Service except to the limited extent such restriction is prohibited by law

10. Use the Service in any high-risk manner where failure could lead to death, personal injury, or severe environmental damage as the sole or primary safety system (the Service is not a safety-critical avionics or dispatch system)

11. Upload content you do not have the right to upload, or upload another person’s identification or medical documents without their authorization

We may investigate and suspend or terminate accounts or Organizations for violations (Section 12).

---

5. Customer Data, logbooks, and ownership

5.1 Definitions

“Customer Data” means data you or your Authorized Users submit to the Service (profiles, schedules, fleet data, documents, messages, billing metadata, etc.).
“Organization Data” means Customer Data managed primarily for an Organization (rosters, aircraft, school schedules, school invoices, school settings, and members’ information and records held for the school).
“Personal Training Records” means an individual’s logbook entries, signed training records, and similar personal flight-training history stored in the Service.

5.2 Ownership

As between you and us:

You (or your Organization, as applicable) retain ownership of Customer Data.
We own the Service, software, branding, templates, aggregated or de-identified data we create under Section 5.3, and all related intellectual property (Section 9).

5.3 License to operate the Service

You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and back up Customer Data only as needed to provide, secure, improve, and support the Service, to prevent abuse, and as otherwise described in the Privacy Policy and the DPA or required by law. We may create aggregated or de-identified data from Customer Data that does not identify you, any individual, or any Organization, and use it for any lawful purpose.

5.4 Logbooks and training records

Individuals generally retain ownership of their Personal Training Records.
Once entries are signed or locked under the Service’s rules, they may become unchangeable to protect their integrity for aviation recordkeeping. You acknowledge that this may limit later edits or erasure.
Organizations may need access to training records for instruction, safety, and regulatory purposes while the individual is a member and, where legally required, afterward.
Export: The Service provides export of logbook entries (for example, CSV and PDF), and we will provide other exports of your Personal Training Records where technically feasible. You should maintain independent backups of records required by regulation.
Leaving an Organization: Membership removal may limit school access to some profile fields; it does not automatically delete Personal Training Records or records the Organization must retain. See the Privacy Policy and Section 12.3.

5.5 Accuracy

You are responsible for the accuracy of data you enter, including Hobbs and tach times, dual and solo time, endorsements and endorsement-related notes, maintenance items and intervals, medical dates, and certificate numbers. We do not certify FAA compliance of your records, and we do not review data you enter for accuracy or completeness.

5.6 Third-party personal data

If you enter data about others (for example, emergency contacts, next of kin, or aircraft co-owners), you represent that you have a lawful basis and have provided any required notices. Emergency-contact data is third-party personal data; handle it carefully and delete it when no longer needed.

5.7 Electronic signatures and electronic records

You agree to do business with us and with your Organization electronically. You consent to receive these Terms, notices, receipts, and other records electronically, and you agree that your electronic acceptance, and any electronic signature you apply in the Service (including typing your name to sign a logbook entry, training record, or endorsement, or confirming an authorization), has the same effect as a handwritten signature to the extent permitted by law. The Service records information about each signature (for example, the signer’s account, typed name, certificate details entered, the statement signed, and the date and time). You may withdraw consent to electronic records by closing your account; doing so does not invalidate signatures already given. To keep a copy of a record, use the Service’s print or export features or contact us.

FAA acceptability is your responsibility. Whether an electronic logbook entry, electronic signature, or endorsement made in the Service is acceptable to the FAA, a designated pilot examiner, an insurer, or another authority depends on how it is made and used (see, for example, FAA Advisory Circular 120-78A and 14 CFR 61.51 and 61.189). We make no representation that any record or signature created in the Service will be accepted for any regulatory purpose. Instructors are responsible for the wording and correctness of each endorsement and sign-off they give, and each pilot is responsible for maintaining a logbook that meets applicable requirements.

5.8 Member documents

If you upload documents such as pilot or medical certificates, government identification, or citizenship evidence, you authorize us to store them and to make them available to the Organizations you belong to and the users those Organizations permit to view them. Expiry dates and reminders associated with documents are aids only (Section 1.5 applies to them as well). Upload only documents you are asked or required to provide.

---

6. Privacy and security

Our collection and use of personal information is described in the Privacy Policy. For Organizations, the Data Processing Addendum also applies (Section 3.5).

We implement administrative, technical, and organizational measures appropriate to the nature of the Service (including organization isolation controls and access permissions), as described in the DPA. No method of transmission or storage is completely secure. You must use strong authentication practices and limit administrator privileges.

Security issues: contact@flyaerial.app.

---

7. Third-party services

The Service integrates with third parties, including:

Authentication, database, and file storage providers (Supabase)
Payment processors (Stripe, including Stripe Connect)
Sign-in providers you choose to use (Google, Microsoft)
Email providers (Resend)
Hosting, compute, and analytics providers (Vercel, Google Cloud)
Data sources such as aviationweather.gov

The current list of subprocessors that process personal data on our behalf is in the DPA. Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party services, outages, data, changes, or acts beyond our reasonable control. Payment card data is entered on the payment processor’s pages and is handled by the payment processor; we do not store full card numbers or security codes. We store limited card details the processor provides (such as card brand, last four digits, and expiration month and year) to display and manage saved cards.

7.1 Stripe Connect (Organizations that collect payments from students)

Payment processing services for Organizations on the Service are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Services Agreement”). By enabling student payments or continuing to operate as an Organization that collects payments through the Service, you agree to be bound by the Stripe Services Agreement, as Stripe may modify it from time to time. As a condition of our enabling payment processing services through Stripe, you agree to provide us accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe.

Payout timing, reserves, holds, account reviews, disputes, and chargebacks are determined by Stripe and the card networks, not by us. We do not hold, receive, or transmit your students’ funds; funds move between the student, Stripe, and your Stripe account. We are not a bank, money transmitter, escrow agent, or payment processor.

---

8. Fees, subscriptions, and student billing

8.1 Plans and Fees

Paid features require payment of the fees shown at checkout, on the Service’s billing pages, or in an order form (“Fees”). Fees may include:

Organization subscription charges, which may be priced per active aircraft per month
Personal plans for individual pilots (for example, a personal logbook plan)
Usage-based charges, if any are shown to you before you incur them
Payment processing fees passed through or disclosed at payment time

Unless stated otherwise, Fees are in USD, are billed in advance for each billing period, and are non-refundable except as required by law or as stated in Section 8.11. Taxes are addressed in Section 8.7.

8.2 Billing account

Organization owners and administrators designated for billing, and individuals who buy a personal plan, authorize us and our payment processor to charge the payment method on file for Fees when due, including recurring charges each billing period until canceled. You must keep payment information current.

8.3 Free trials

Paid plans may start with a 14-day free trial. You must provide a payment method to start a trial. Before you start, we will show you the price that will apply after the trial and the billing frequency.

We will send you a reminder email before your trial ends and your plan converts to a paid subscription.
You can cancel at any time before the trial ends to avoid being charged, online from the billing page in the Service (which opens our payment processor’s secure billing portal) or by emailing contact@flyaerial.app.
Unless you cancel before the trial ends, your trial converts automatically to a paid subscription, and we (through Stripe) will charge your payment method the then-current Fees at the end of the trial and at the start of each billing period after that until you cancel (Section 8.8).

8.4 Student invoicing and school-collected payments

If the Service allows an Organization to invoice students or charge cards on file:

The Organization is the merchant of record and the seller of its training, rental, and other services. We are not a party to the transaction between the Organization and its student, and we do not set, receive, or guarantee any amount.
The Organization alone sets prices, rates, refunds, credits, payment plans, and collection practices, and is solely responsible for its invoices and receipts, refunds, disputes and chargebacks, taxes on its charges (Section 8.7), consumer-protection and payment-plan disclosures, and compliance with law and Stripe and card-network rules.
Students and their payers. When you save a card for an Organization, you authorize that Organization (through Stripe) to charge the card, including when you are not present, for amounts you owe that Organization, such as flight and lesson invoices and payment-plan installments, until you remove the card. You can remove a saved card at any time in the Service; removal stops future charges but does not cancel amounts already owed. Questions about a charge, refund, or payment plan should go to the Organization.
Disputes between students and schools about training fees are between those parties; we may assist with transaction records but do not decide training-fee disputes, except where processor rules require us to act as the platform operator.
Charges may appear on card statements under a descriptor associated with the Organization or its payment account.
Refunds the Organization issues may be subject to processor fees that are not returned. Dispute and chargeback fees and losses are allocated under the Stripe Services Agreement; as between the Organization and us, the Organization bears them.
We currently charge no platform fee on student payments. If we introduce one, we will give the Organization notice under Section 8.6 before it applies.

8.5 Failed payments, grace period, and read-only access

If a payment for our Fees fails, we (through Stripe) may retry the charge and will notify the billing contact. If the amount remains unpaid, the affected Organization or personal account enters a grace period (currently 14 days, or any longer period we tell you about) during which the Service continues to work. If the amount is still unpaid when the grace period ends, the account becomes read-only: we keep your data, and you can still sign in and view it in the Service, but exports and changes are paused until billing is updated, except as the Service otherwise allows. The Service continues to allow, for example, paying or managing billing, cancelling bookings and schedule requests, reporting aircraft problems, grounding an aircraft or returning it to service, leaving or declining an Organization, removing files you uploaded, and refunding or voiding charges already made. For a limited time after an Organization becomes read-only (currently 14 days), flights already booked or in progress can still be completed and recorded. While an account is read-only, you can still request a copy of your data by contacting us at contact@flyaerial.app. Full access returns once the overdue amount is paid. If amounts remain unpaid after the account becomes read-only, we may suspend or terminate the account under Section 12.2 after giving notice. You remain responsible for amounts owed, and we may use lawful means to collect them.

8.6 Changes to Fees

We may change Fees by giving at least 30 days’ notice by email or in the Service before the change takes effect for your account. Changes apply from your next billing period after the notice period. If you do not agree, you may cancel before the change takes effect; otherwise the new Fees apply.

8.7 Taxes

Fees do not include taxes. You are responsible for all sales, use, value-added, lease-transaction, and similar taxes, duties, and governmental charges that apply to your purchase of the Service, except taxes based on our net income. Where the law requires us to collect and remit a tax, we will collect it from you and show it on your invoice. Each Organization that charges students through the Service is the seller of its own services and is solely responsible for determining, collecting, reporting, and paying any taxes on its charges to students; we do not calculate, collect, or remit taxes on those charges.

8.8 Automatic renewal and cancellation

Paid subscriptions renew automatically at the end of each billing period (monthly unless you choose otherwise) at the then-current Fees, and your payment method will be charged at the start of each period, until you cancel. You can cancel at any time online from the billing page in the Service (which opens our payment processor’s secure billing portal) or by emailing contact@flyaerial.app. Cancellation takes effect at the end of the current billing period; you keep paid access until then, and you will not be charged for later periods. After that, your account continues as described in Section 12.3.

8.9 Per-aircraft quantity and proration

For Organization plans priced per aircraft, the number of aircraft billed equals the number of active aircraft in your Organization, as determined by the Service. When you add or remove active aircraft during a billing period, we may adjust your subscription quantity and charge or credit the prorated difference, as shown in your invoice. Credits are applied to future invoices and are not paid out in cash.

8.10 Personal plans

Members of an Organization may use the features that Organization provides without a personal plan. A personal plan is a separate subscription between you and us for features you use outside an Organization (such as a personal logbook). If you leave an Organization, your Personal Training Records remain available to you as described in Section 5.4, and some features may require a personal plan.

8.11 Refunds

Except where required by law or stated in this Section or in Section 10, Fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused features, or periods in which your account was read-only. If we terminate the Service or your account for our convenience (and not because of your breach), we will refund any prepaid Fees for the period after termination.

8.12 Chargebacks

If you dispute a charge for our Fees with your card issuer instead of contacting us first, we may suspend or make read-only the related account while the dispute is pending. If the dispute is resolved in our favor, you remain responsible for the Fees and any reasonable costs of the dispute where permitted by law.

---

9. Intellectual property and feedback

The Service, documentation, user interface, software, and logos are owned by us and our licensors. These Terms do not transfer ownership to you. You receive a limited, non-exclusive, non-transferable, revocable right to access the Service for your internal flight-training operations (or, for individuals, your personal flight records) during the subscription term, subject to these Terms.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

Reporting content and intellectual-property complaints. If you believe content in the Service infringes your copyright or other rights, or otherwise violates these Terms, email contact@flyaerial.app with a description of the content, where it appears in the Service, the rights you believe are affected, and your contact information. We will review reports and may remove or disable access to content, and suspend or terminate the accounts of users who repeatedly infringe others’ rights.

---

10. Changes to the Service or Terms

We may update these Terms. We will post the updated version and update the “Last updated” date. For material changes, we will notify you by email or in the Service before they take effect, and we may ask you to accept the updated Terms before you continue using the Service; if we ask, the updated Terms apply to you when you accept them. Otherwise, material changes take effect no sooner than 30 days after we give notice. Changes will not apply retroactively, and changes to Section 15 (Dispute resolution) will not apply to any dispute of which we had notice before the change.

Continued use after the effective date of a non-material change constitutes acceptance. If you do not agree to a change, stop using the Service and cancel as provided in Sections 8.8 and 12.1; if you cancel a paid plan because of a material change that is adverse to you, we will refund any prepaid Fees for the period after the change takes effect.

---

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DATA WILL NEVER BE LOST; OR THAT THE SERVICE WILL MEET YOUR AVIATION-REGULATORY, INSURANCE, OR BUSINESS REQUIREMENTS.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION IN OR PRODUCED BY THE SERVICE, INCLUDING WEATHER AND OTHER THIRD-PARTY DATA, MAINTENANCE DUE DATES AND INSPECTION STATUS, AIRCRAFT STATUS, SQUAWKS AND GROUNDING, ENDORSEMENT AND CURRENCY INFORMATION, LOGBOOK TOTALS, METER-BASED CALCULATIONS, AND INVOICE AMOUNTS.

AVIATION IS INHERENTLY RISKY. YOU ASSUME ALL RISK ARISING FROM FLIGHT OPERATIONS, MAINTENANCE, AND TRAINING DECISIONS, INCLUDING ANY DECISION MADE IN RELIANCE ON THE SERVICE. THE SERVICE DOES NOT REPLACE HUMAN JUDGMENT, THE PILOT IN COMMAND’S AUTHORITY AND RESPONSIBILITY, THE DUTIES OF OWNERS, OPERATORS, MECHANICS, AND INSTRUCTORS, REGULATORY OBLIGATIONS, OR SAFETY MANAGEMENT SYSTEMS.

Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the fullest extent permitted.

---

12. Suspension, termination, account deletion, and data retention

12.1 By you; deleting your account

You may stop using the Service at any time and cancel paid plans as described in Section 8.8. Organization owners may request closure of an Organization, subject to settling outstanding Fees.

Account deletion. You may ask us to delete your account by emailing contact@flyaerial.app from the email address on your account (or with other information we need to verify your identity). After we verify the request, we will delete or anonymize your personal information within 30 days, except information we must or may keep under applicable law, including:

Records we keep for legal, tax, accounting, billing, security, fraud-prevention, or dispute-resolution purposes, and records of legal acceptances and payment authorizations
Signed or locked training records whose integrity other users rely on, which may be retained with access limited as described in the Privacy Policy
Organization Data that an Organization, as controller, must or chooses to retain about you (for example, its training, billing, or citizenship-verification records); for that data, contact the Organization, and we will act on its instructions under the DPA
Copies in backups, which are removed as the backups are replaced in the ordinary course

Deleting your account cancels any personal plan at the end of its current billing period and does not cancel amounts already owed.

12.2 By us

We may suspend, restrict (including making an account read-only), or terminate access: (a) immediately if you materially breach these Terms, including Section 4; (b) for unpaid Fees, as described in Section 8.5; (c) immediately if we must do so for security, legal, or fraud reasons; (d) immediately if your use creates risk of harm to us, other users, or third parties; or (e) if we discontinue the Service, with at least 60 days’ notice where practicable. Where reasonable, we will tell you the reason and give you an opportunity to cure.

12.3 Effect of termination; retention

Upon termination:

Your right to access the Service ends.
You may request an export of your Customer Data as described in Section 12.4. After that period, we may delete or anonymize Customer Data within a reasonable time, except where we must retain data for legal, security, dispute, accounting, or aviation-recordkeeping reasons, or where deletion would break the integrity of signed training records. For Organization Data, the DPA also applies.
Personal Training Records and audit logs may be retained as described in the Privacy Policy.
Provisions that by their nature should survive (including Sections 1.2, 1.4–1.8, 3.5–3.6, 5, 7, 8 (for amounts owed), 9, 11, 12.1 (account deletion), 12.3–12.4, 13, 14, 15, 16, and 17, and the DPA for as long as we process Organization Data) survive termination.

We recommend exporting critical records before cancellation.

12.4 Export and read-only access

While your account is active, you may export the data the Service’s export features support (for example, logbook entries). While an account is read-only, exports and changes are paused as described in Section 8.5, except as the Service otherwise allows, and you can still request a copy of your data by contacting us at contact@flyaerial.app. For 30 days after termination of an Organization or personal plan (other than for your breach or for legal reasons), you may request an export of your Customer Data at contact@flyaerial.app, and we will provide it in a commonly used format where reasonably feasible.

---

13. Indemnification

13.1 By Organizations. To the maximum extent permitted by law, each Organization (and any person who accepts these Terms on its behalf, on the Organization’s behalf) will defend, indemnify, and hold harmless the Company and its officers, directors, members, managers, employees, and agents (the “Company Parties”) from and against third-party claims, and related damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees), arising out of or related to:

1. The Organization’s or its Authorized Users’ use of the Service

2. Organization Data, including alleged intellectual-property or privacy violations, and the Organization’s collection and use of its members’ personal information and documents

3. The Organization’s flight operations, instruction, training programs, aircraft, maintenance, airworthiness, premises, and staff

4. The Organization’s pricing, invoicing, and charging of students, handling of payments, refunds, disputes, and payment plans, and taxes on its sales

5. The Organization’s configuration of roles, permissions, overrides, and settings

6. The Organization’s breach of these Terms or applicable law, including aviation, consumer-protection, and privacy law

7. Disputes between Organization members (e.g., school, student, and instructor)

13.2 By individuals. To the maximum extent permitted by law, you will indemnify the Company Parties from third-party claims arising out of your violation of these Terms or applicable law, your Customer Data, or your willful misconduct or gross negligence.

13.3 Procedure. We will give prompt notice of a claim (a delay relieves the indemnifying party only to the extent it is prejudiced), allow the indemnifying party to control the defense with counsel reasonably acceptable to us, and reasonably cooperate at its expense. The indemnifying party may not settle a claim in a way that imposes any obligation or admission on us without our written consent. We may participate with our own counsel at our own expense.

---

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

A. CONSEQUENTIAL DAMAGES WAIVER. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, GOODWILL, OR DATA; COST OF SUBSTITUTE SERVICES; BUSINESS INTERRUPTION; OR AVIATION INCIDENTS, ACCIDENTS, AIRCRAFT DAMAGE, OR REGULATORY ENFORCEMENT ACTIONS OR PENALTIES, EVEN IF ADVISED OF THE POSSIBILITY.

B. CAP. OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE (INCLUDING CLAIMS UNDER THE DPA) WILL NOT EXCEED THE GREATER OF (i) AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100). AMOUNTS A STUDENT PAYS TO AN ORGANIZATION THROUGH THE SERVICE ARE NOT AMOUNTS PAID TO US.

C. ESSENTIAL PURPOSE. THESE LIMITATIONS APPLY REGARDLESS OF THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

D. EXCEPTIONS. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR FRAUD OR, WHERE APPLICABLE LAW SO REQUIRES, WILLFUL AND WANTON MISCONDUCT OR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum permitted by law.

---

15. Dispute resolution; governing law

15.1 Governing law

These Terms are governed by the laws of the State of Illinois, USA, excluding conflict-of-law rules, unless mandatory consumer protections in your place of residence provide otherwise. The Federal Arbitration Act (9 U.S.C. 1 et seq.) governs the interpretation and enforcement of Sections 15.3 through 15.7.

15.2 Venue for claims that are not arbitrated

Venue in court applies only to (a) claims that are not subject to arbitration under Section 15.3 (including small-claims matters and the injunctive-relief claims described there), (b) claims of anyone who opts out under Section 15.6, (c) any claim that a court decides must proceed in court (including under Section 15.5), and (d) actions to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on an arbitration award. For those matters, exclusive venue lies in the state or federal courts located in Cook County, Illinois, except where prohibited by law (and, for small-claims matters, in the small-claims court where you live), and you and we consent to personal jurisdiction there.

15.3 Binding individual arbitration

Except as provided below, any dispute, claim, or controversy between you and us arising out of or relating to these Terms, the DPA, or the Service (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA): under its Consumer Arbitration Rules if you are an individual using the Service primarily for personal, family, or household purposes, and under its Commercial Arbitration Rules otherwise (including for Organizations). The arbitrator, and not a court, decides questions of arbitrability, scope, and enforceability, except that a court decides questions about Section 15.5 (class-action waiver), Section 15.6 (opt-out), and Section 15.7 (mass arbitration).

Fees. For individuals arbitrating under the Consumer Arbitration Rules, we will pay all AAA filing, administration, and arbitrator fees except the portion of the filing fee that is no more than what you would have paid to file a claim in court, unless the arbitrator finds your claim frivolous or brought for an improper purpose. Under the Commercial Arbitration Rules, fees are allocated as those rules provide. Each party bears its own attorneys’ fees and costs unless the arbitrator awards them under applicable law.

Hearings. The arbitration will take place by video or written submission where the rules allow, or in person in Cook County, Illinois, or (for individuals arbitrating under the Consumer Arbitration Rules) in the county where you live. The arbitrator may award only individual relief, and only to the extent needed for your individual claim.

Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies and stays there; and (b) seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or for unauthorized access to the Service.

15.4 Informal resolution first

Before starting an arbitration or court case, you and we agree to try to resolve the Dispute informally. Send a notice by email to contact@flyaerial.app (or, for us, to the email on your account) with a brief description of the Dispute, the relief requested, and your contact information. We will attempt in good faith to resolve it within 30 days of the notice. Limitations periods are paused during this 30-day period.

15.5 Class-action and jury-trial waiver

You and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Unless both parties agree, the arbitrator may not consolidate claims or preside over any form of class or representative proceeding. To the extent a Dispute proceeds in court, you and we waive any right to a jury trial. If this class-action waiver is found unenforceable as to a claim, that claim (and only that claim) must be severed and brought in court under Section 15.2, and the arbitration of any remaining claims will be stayed until the court claim is resolved.

15.6 Opt-out

You may opt out of Sections 15.3, 15.5, and 15.7 by emailing contact@flyaerial.app with the subject “Arbitration Opt-Out,” your name, and your account email within 30 days after you first accept these Terms (or, if you accepted an earlier version of the Terms, within 30 days after you accept this version). An Organization opts out through an owner or administrator. Opting out does not affect any other part of these Terms; Disputes of anyone who opts out proceed in court under Section 15.2.

15.7 Mass arbitration

If 25 or more similar demands for arbitration (“Demands”) are filed against us by or with the assistance of the same or coordinated counsel, the parties agree that the AAA’s Mass Arbitration Supplementary Rules apply, and that the Demands will be administered and decided in staged batches of no more than 25 Demands each (with one batch proceeding at a time, to the extent those rules permit), with fees for later batches deferred until the earlier batch is decided. Limitations periods are paused for Demands awaiting a batch. Section 15.4 applies to each Demand.

15.8 Time limit to bring claims

To the extent permitted by law, any claim arising out of or related to these Terms or the Service must be brought within one (1) year after the claim arises; otherwise it is permanently barred.

---

16. Export, sanctions, and government use

You may not use the Service in violation of U.S. or other applicable export control or sanctions laws. You represent that you are not a prohibited party under such laws and that you will not use the Service in, or provide access to anyone located in, a country or region subject to comprehensive U.S. sanctions.

The Service is designed for use in the United States. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

If you are a U.S. government user, the Service is “commercial computer software” provided with only those rights as set forth in these Terms.

---

17. Miscellaneous

Entire agreement. These Terms (including the DPA, for Organizations), the Privacy Policy, and any order form are the entire agreement regarding the Service and supersede prior agreements on the subject.
Order of precedence. If documents conflict: a signed order form, then the DPA (for the processing of personal data on an Organization’s behalf), then these Terms, then the Privacy Policy, unless a document expressly says otherwise.
Severability. If a provision is unenforceable, it will be enforced to the maximum extent permissible and the remainder stays in effect.
Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or to a successor in a merger, acquisition, or sale of all or substantially all of the relevant assets.
No waiver. Failure to enforce a provision is not a waiver.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of third-party providers, internet or utility failures, cyberattacks, natural disasters, war, terrorism, labor disputes, or government action, except that this does not excuse payment obligations.
Notices. We may notify you by email to the address on your account, by in-product message, or by posting to the Service; notices by email are effective when sent. Legal notices to us: contact@flyaerial.app and 730 N Milwaukee Ave, Chicago, IL 60642.
Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship, and do not make us your instructor, dispatcher, mechanic, payment agent, or accountable manager. Instructors and staff of an Organization are not our employees or agents.
No third-party beneficiaries. There are no third-party beneficiaries of these Terms, except the Company Parties under Section 13.
Accessibility. If you have difficulty using the Service because of a disability, contact contact@flyaerial.app and we will work with you to provide the information you need.
Headings. Headings are for convenience only.
Language. English controls if we provide translations.

---

18. Contact

Legal: contact@flyaerial.app
Privacy: contact@flyaerial.app
Support: contact@flyaerial.app
Security: contact@flyaerial.app
Mail: Aerial Flight Management System LLC, 730 N Milwaukee Ave, Chicago, IL 60642