Terms and Conditions

These Terms of Service (the "Terms") are a binding agreement between AerScheduler LLC, a Utah limited liability company ("AerScheduler," "we," or "us"), and you. They govern your access to and use of the AerScheduler website, web console, mobile applications, and API (together, the "Services").

Please read section 7 (Aviation Safety and Regulatory Compliance), section 17 (Disclaimers), section 18 (Limitation of Liability), and section 21 (Dispute Resolution) carefully. They limit our obligations to you, allocate risk, and require most disputes to be resolved by individual arbitration rather than in court. Section 21.6 tells you how to opt out of arbitration within 30 days.

1. ACCEPTANCE AND THE PARTIES

By creating an account, signing an order form, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

The Services are used by two kinds of people, and these Terms apply differently to each.

• An Organization is the flight school, flying club, FBO, or operator that subscribes to AerScheduler. If you accept these Terms on behalf of an Organization, you represent that you are authorised to bind it, and "you" means that Organization.
• An Authorised User is an individual the Organization invites into its account, such as a student, instructor, renter, technician, dispatcher, or administrator. If you are an Authorised User, these Terms govern your personal use of the Services, but your Organization controls its account and the records in it.

Where an Organization has signed a separate written agreement with us, that agreement controls to the extent it conflicts with these Terms.

2. ELIGIBILITY AND ACCOUNTS

You must be at least 18 years old to hold an AerScheduler account. Flight training often involves minors, and an Organization may keep records about a student under 18 in its account. If it does, the Organization is responsible for obtaining any parental or guardian consent required by law and for supervising that student's involvement. A minor may not create their own login.

You agree to give accurate registration information and to keep it current. You are responsible for keeping your credentials confidential and for all activity under your account. Tell us promptly at support@aerscheduler.com if you believe your account has been compromised.

We may reclaim or change a username or organization name that is misleading, infringing, or impersonates someone else.

3. THE SERVICES

Subject to these Terms and to payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Services for your Organization's internal business purposes, including its commercial flight training, rental, club, and charter operations. This is business software, and using it to run a business that earns revenue is exactly what it is for.

We may improve, change, or discontinue features. If we discontinue a material feature that your Organization is actively using on a paid plan, we will give reasonable advance notice.

4. YOUR DATA

4.1 You own it. As between you and AerScheduler, your Organization owns all data, records, files, and content it or its Authorised Users submit to the Services ("Customer Data"). We claim no ownership of it.

4.2 What we may do with it. You grant us a limited, worldwide, royalty-free licence to host, store, copy, transmit, display, and process Customer Data solely as necessary to provide, secure, support, back up, and improve the Services for you, and as instructed by your Organization. That licence exists for no other reason, ends when the data is deleted, and does not permit us to sell, publish, licence, or disclose Customer Data for our own commercial purposes.

4.3 Aggregated data. We may generate anonymised, aggregated statistics about how the Services are used, and use them to operate and improve the Services and to report on our business. These statistics never identify you, your Organization, or any individual, and we will not publish anything from which an Organization could reasonably be identified.

4.4 We do not train models on your data. We do not use Customer Data to train machine learning or artificial intelligence models.

4.5 Your responsibility for it. You are responsible for the accuracy and legality of Customer Data and for having the rights and consents needed to put it into the Services, including for records about your members and their emergency contacts.

4.6 Export. While your subscription is active you can export your data in these ways: any report in the Services can be downloaded as a CSV file, and organizations on the Enterprise plan can read their data through our API. If what you need is not covered by either, email support@aerscheduler.com and we will produce an export for you at no charge. See section 16.4 for what happens when your subscription ends.

4.7 Privacy. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Organizations that need a data processing addendum should contact support@aerscheduler.com.

5. FEEDBACK

If you send us suggestions or ideas about the Services, we may use them without restriction or compensation, and you grant us a perpetual, irrevocable, royalty-free licence to do so. This applies only to feedback about AerScheduler itself. It does not apply to Customer Data, and it does not transfer ownership of anything you already own.

6. ACCEPTABLE USE

You agree not to:

• Use the Services in violation of any law or regulation, or of any third party's rights.
• Access another Organization's data, or attempt to.
• Probe, scan, or test the vulnerability of the Services, or circumvent authentication, rate limits, or access controls, except under a written authorisation from us. To report a vulnerability responsibly, email security@aerscheduler.com.
• Interfere with or place an unreasonable load on the Services or their infrastructure, including through automated request volume beyond documented API limits.
• Upload malicious code, or content that is unlawful, harassing, defamatory, or infringing.
• Impersonate another person, or misrepresent your affiliation or role.
• Resell, sublicense, or provide the Services to a third party as a service bureau, other than to your own Authorised Users.
• Reverse engineer, decompile, or disassemble the Services, or copy their design or source code, except to the extent applicable law expressly permits despite this restriction.
• Use the Services to build a competing product, or to benchmark them for publication without our written consent.
• Scrape or systematically extract data from the Services other than your own Customer Data through documented means.
• Use the Services to send unsolicited commercial messages.

You are responsible for your Authorised Users' compliance with this section.

7. AVIATION SAFETY AND REGULATORY COMPLIANCE

This section is important. Read it in full.

7.1 AerScheduler is a scheduling and record-keeping tool, not an authority on airworthiness or compliance. The Services include features that display maintenance inspection due dates, airworthiness directive tracking, squawks, pilot currency, medical certificate expiry, endorsements, and training progress. These are conveniences for organising information that you supply. They are computed from data you enter, and they are only ever as correct, complete, and current as that data.

7.2 You remain solely responsible for compliance. Nothing in the Services relieves any person of their duties under 14 CFR or any other applicable regulation. In particular:

• The pilot in command is solely responsible for determining that an aircraft is airworthy before flight, and for their own currency, certification, and medical eligibility.
• The owner or operator is solely responsible for maintaining the aircraft in an airworthy condition, for compliance with inspection and airworthiness directive requirements, and for maintaining the maintenance records the regulations require.
• The certificated flight instructor is solely responsible for the content and accuracy of any endorsement or training record they make, and for their independent judgement about a student's readiness.
• The certificate holder is solely responsible for the training records, curricula, and reporting required by 14 CFR Part 141 or Part 61, as applicable, and for maintaining any record the regulations require it to keep in a particular form or for a particular period.

7.3 Not a system of record. The Services are not certified, approved, or accepted by the Federal Aviation Administration or any other civil aviation authority, and are not offered as the official system of record for maintenance records, training records, or flight time. You should maintain records independently as required by law and should not rely on the Services as your only copy.

7.4 Not for operational flight use. The Services are not designed or certified for navigation, flight planning, weight and balance, performance calculation, dispatch release, or any other operational flight function, and must not be used for those purposes. Weather and airport information displayed in the Services comes from third parties, is provided for convenience only, and is not a substitute for an official preflight weather briefing.

7.5 No warning is a warning of nothing. The absence of an alert, a "due" flag, or a currency warning does not mean an aircraft is airworthy or a pilot is current. Alerts may fail to appear because of data entry errors, missing records, configuration choices, connectivity problems, or defects in the Services. Never treat the absence of a warning as clearance to fly.

7.6 Allocation of risk. You acknowledge that aviation is inherently hazardous, that you are in a far better position than we are to verify airworthiness and pilot eligibility, and that the fees charged for the Services reflect this allocation of risk. Sections 17 and 18 apply in full to any claim arising from a flight operation.

8. SUBSCRIPTIONS, FEES, AND PAYMENT

8.1 Plans. Some features are free and some require a paid subscription. Current pricing, including any per-aircraft charge, is shown in the Services or on our website at the time you subscribe.

8.2 Billing. Subscriptions renew automatically for successive terms until cancelled. By subscribing, you authorise us and our payment processor to charge your payment method on a recurring basis at the then-current price, without further approval for each charge, until you cancel. All amounts are in US dollars.

8.3 Payment processing. Payments are processed by Stripe. We do not receive or store your full card number. Your use of payment features is also subject to Stripe's terms, and you authorise us to share the information necessary to process your payments.

8.4 Transaction fees. Where your Organization collects payments from its own members through the Services, we may charge a percentage-based transaction fee in addition to the fees charged by the payment processor. The applicable rate is disclosed in the Services before you enable payments.

8.5 Payments between an Organization and its members. When an Organization invoices its members through the Services, the contract for those flights, lessons, rentals, dues, and fees is between the Organization and its member. We are not a party to it. We do not set prices, guarantee collection, or arbitrate billing disputes between an Organization and its members. Direct any such dispute to the Organization.

8.6 Taxes. Fees exclude taxes. You are responsible for any sales, use, VAT, or similar taxes, other than taxes on our net income. You are solely responsible for determining, collecting, and remitting any tax your Organization owes on what it charges its own members.

8.7 Late and failed payments. If a charge fails or an invoice is unpaid, we may retry the charge and may suspend access to paid features after giving notice and a reasonable opportunity to cure.

8.8 Price changes. We may change prices. We will give at least 30 days' notice before a change takes effect for your Organization, and the change applies from your next renewal. If you do not accept it, you may cancel before it takes effect.

8.9 Cancellation and refunds. You may cancel at any time from your account settings. Cancellation takes effect at the end of the current paid term, and you keep access until then. Fees already paid are not refundable except where required by law, or where we terminate your account for our convenience under section 16.2, in which case we will refund the unused portion of any prepaid fee. If you are unhappy with the Services, email support@aerscheduler.com and we will try to put it right.

9. THIRD-PARTY SERVICES

The Services integrate with third parties such as Stripe, Intuit QuickBooks, Google, and Apple. If you enable an integration, you authorise us to exchange the data necessary to make it work. Those services are governed by their own terms and privacy policies, we do not control them, and we are not responsible for them. If a third party changes or discontinues its service, the corresponding feature may stop working.

10. OUR INTELLECTUAL PROPERTY

The Services, including all software, designs, text, graphics, and the AerScheduler name and logo, are owned by us or our licensors and are protected by intellectual property law. Except for the rights expressly granted in section 3, we reserve all rights. You may not remove or obscure any proprietary notice.

11. CONFIDENTIALITY

Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential. Each party will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisers who need it and are bound by similar obligations. This does not apply to information that is public through no fault of the recipient, was already known to it, or is independently developed. A party may disclose confidential information where legally compelled, after giving the other party notice where lawful. Customer Data is your confidential information.

12. MOBILE APPLICATION LICENCE

We grant you a revocable, non-exclusive, non-transferable licence to install and use our mobile application on devices you own or control, in accordance with these Terms and the applicable app store's usage rules. You may install it on your own devices and sign in as an Authorised User of your Organization.

Apple App Store. Where you obtain the application from Apple: this licence is between you and us, not Apple; Apple has no obligation to provide maintenance or support; if the application fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, and Apple has no other warranty obligation; Apple is not responsible for addressing any claim relating to the application, including product liability, regulatory, or intellectual property claims; you represent that you are not located in a country subject to a US Government embargo or designated as terrorist supporting, and are not on any US Government restricted party list; and Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you.

Google Play. Where you obtain the application from Google: this licence is between you and us, not Google; Google has no obligation to provide maintenance or support; if the application fails to conform to any applicable warranty, you may notify Google and Google may refund the purchase price, and Google has no other warranty obligation; Google is not responsible for addressing any claim relating to the application, including product liability, regulatory, or intellectual property claims; you represent that you are not located in a country subject to a US Government embargo or designated as terrorist supporting, and are not on any US Government restricted party list; and Google and its subsidiaries are third-party beneficiaries of this section and may enforce it against you.

13. AVAILABILITY AND SUPPORT

We aim to keep the Services available and to fix problems promptly, but we do not commit to a specific uptime level under these Terms unless your Organization has a written service level agreement with us. We may take the Services down for maintenance, and will try to schedule planned maintenance outside peak hours and give notice where practical.

14. SECURITY

We maintain administrative, technical, and physical safeguards designed to protect Customer Data, as described in our Privacy Policy. If we become aware of a security incident affecting your Customer Data, we will notify you without unreasonable delay and give you the information you reasonably need to meet your own notification obligations.

15. BETA AND DEMONSTRATION FEATURES

We sometimes offer features labelled beta, preview, or early access, and we operate a public demonstration environment. These are provided as is, may change or be withdrawn without notice, and are excluded from any warranty or service commitment. Do not put real operational or personal data into the demonstration environment. Data in it is periodically reset and deleted.

16. TERM, TERMINATION, AND SUSPENSION

16.1 Your right to stop. You may cancel a subscription or close your account at any time, as described in section 8.9.

16.2 Our right to stop. We may terminate or suspend your access if you materially breach these Terms and do not cure the breach within 15 days of notice; immediately if you breach section 6 in a way that threatens the Services or another customer; if required by law; or for our convenience on 30 days' notice, with a pro rata refund of prepaid fees.

16.3 Suspension. We may suspend an account immediately, without prior notice, where there is a credible threat to the security or integrity of the Services or to another customer's data. We will notify you as soon as practicable and restore access once the issue is resolved.

16.4 What happens to your data. After termination we will keep your Customer Data available for 30 days. During that window you can export it yourself using the methods in section 4.6, or email support@aerscheduler.com and we will produce a copy for you at no charge. After the 30 days we may delete it. Tell us before it expires if you need more time and we will be reasonable about it. We will retain what we must for legal, tax, and accounting purposes, as described in our Privacy Policy.

16.5 Survival. Sections 4.1, 5, 7, 10, 11, 17, 18, 19, 21, and 22 survive termination.

17. DISCLAIMERS

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DATA, CALCULATION, DUE DATE, CURRENCY STATUS, OR ALERT PRESENTED BY THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WITHOUT LIMITING SECTION 7, WE MAKE NO WARRANTY REGARDING AIRWORTHINESS, REGULATORY COMPLIANCE, OR PILOT ELIGIBILITY.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

18. LIMITATION OF LIABILITY

18.1 Excluded damages. TO THE FULLEST 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 BUSINESS, OR LOST OR CORRUPTED DATA, EVEN IF ADVISED OF THE POSSIBILITY.

18.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS.

18.3 Aviation losses. WITHOUT LIMITING THE ABOVE, WE WILL NOT BE LIABLE FOR ANY CLAIM ARISING FROM AN AIRCRAFT ACCIDENT OR INCIDENT, A FLIGHT CONDUCTED WITH AN AIRCRAFT THAT WAS NOT AIRWORTHY, A FLIGHT CONDUCTED BY A PILOT WHO WAS NOT CURRENT, CERTIFICATED, OR MEDICALLY ELIGIBLE, OR ANY REGULATORY ENFORCEMENT ACTION, CERTIFICATE ACTION, OR LOSS OF INSURANCE COVERAGE.

18.4 Exceptions. Nothing in this section limits liability for death or personal injury caused by a party's negligence, for fraud or fraudulent misrepresentation, for your obligation to pay fees, or for any liability that cannot lawfully be limited.

18.5 Basis of the bargain. These limitations apply even if a limited remedy fails of its essential purpose, and they reflect an agreed allocation of risk that is reflected in our pricing.

19. INDEMNIFICATION

19.1 By you. You will defend and indemnify us against third-party claims arising from your Customer Data, your use of the Services in breach of these Terms or of law, your Authorised Users' conduct, or any flight operation conducted by you or your members.

19.2 By us. We will defend and indemnify you against third-party claims that the Services, as provided by us and used in accordance with these Terms, infringe a US patent, copyright, or trademark. This does not apply to claims arising from Customer Data, from use in combination with anything we did not supply, or from your use of the Services in breach of these Terms. If the Services become subject to such a claim, we may procure the right to continue, modify them, or terminate the affected subscription with a pro rata refund.

19.3 Procedure. The indemnified party will give prompt notice, allow the indemnifying party to control the defence, and reasonably cooperate. No settlement that imposes an obligation on the indemnified party is binding without its consent.

20. CHANGES TO THESE TERMS

We may update these Terms. If a change is material, we will give at least 30 days' notice by email or inside the Services before it takes effect, and update the "Last updated" date. Material changes apply prospectively. If you do not accept a material change, your remedy is to stop using the Services and cancel before it takes effect, and we will refund the unused portion of any prepaid fee. Continuing to use the Services after the effective date means you accept the change.

21. GOVERNING LAW AND DISPUTE RESOLUTION

21.1 Governing law. These Terms are governed by the laws of the State of Utah, without regard to its conflict of law rules. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

21.2 Talk to us first. Before starting a formal proceeding, the parties will try to resolve the dispute informally for 30 days after written notice. Send notice to legal@aerscheduler.com. We will send ours to the email address on your account.

21.3 Binding arbitration. If informal resolution fails, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and, where applicable, its Consumer Arbitration Rules. YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO A JURY TRIAL. Arbitration will take place in Salt Lake County, Utah, or, at your election, in the county where you live, by telephone, or on documents alone. The arbitrator must follow these Terms and applicable law and will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction.

21.4 Class action waiver. Disputes will be arbitrated only on an individual basis. There is no right for any dispute to be arbitrated as a class action or in a representative capacity. If this waiver is held unenforceable as to a particular claim, that claim will proceed in court and the rest of this section still applies to all other claims.

21.5 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information.

21.6 How to opt out of arbitration. You may opt out of sections 21.3 and 21.4 by emailing legal@aerscheduler.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Include your name and account email. Opting out will not affect your account or your use of the Services in any way. If you opt out, disputes will be resolved in the state or federal courts located in Salt Lake County, Utah, and both parties consent to jurisdiction and venue there.

21.7 Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, except where applicable law does not allow this.

22. GENERAL

Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement between us, are the entire agreement about the Services and supersede any prior understanding.

Severability. If any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.

No waiver. Failing to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent, except to a successor to your business. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for a delay or failure caused by something beyond its reasonable control.

Relationship. The parties are independent contractors. Nothing here creates a partnership, joint venture, agency, or employment relationship.

Notices. We may send notices to the email address on your account or display them in the Services. Send notices to us at legal@aerscheduler.com.

Electronic communications. You consent to receive communications from us electronically, and agree that electronic agreements, notices, and records satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures.

Export and sanctions. You represent that you are not located in, and are not a national or resident of, a country subject to US embargo, and that you are not on any US government restricted party list.

US Government users. The Services are "commercial computer software" under FAR 2.101. Use by or for the US Government is subject to these Terms in accordance with FAR 12.212 and DFARS 227.7202.

California users. If a complaint is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

23. CONTACT

AerScheduler LLC
Support: support@aerscheduler.com
Legal notices: legal@aerscheduler.com
Security reports: security@aerscheduler.com