Terms of Service

These terms apply to all software applications, training courses, and other content downloaded from the Apple App Store or accessed via a web browser, including any ancillary services required by the application, training course, or content. Your access to and use of our applications, training courses, content, and services are conditional upon your acceptance of and continued compliance with these terms.

By downloading, installing, or using the application, training course, or content, you agree to be bound by these terms. If you do not agree to these terms, you may not download, install, or use the application, training course, or content.

1. Ownership.

This Application and all FlightReady training courses (the "Courses") contain valuable proprietary content owned by Aeroapps and its licensors and are protected by copyright, intellectual property laws, and international treaties. Aeroapps and its licensors retain all rights, title, and interest, including copyrights, patents, trade secrets, trademarks, and other intellectual property rights related to the Application and Courses. The Application and Courses are licensed to you, not sold. By using the Application and Courses, you agree to adhere strictly to all terms of this License Agreement and to use them only in the intended manner.

All rights not expressly granted to you in this License Agreement are reserved by Aeroapps. You acknowledge that the Application and Courses contain proprietary information and trade secrets of Aeroapps and its licensors, and you agree to protect such information and trade secrets in the same manner as you would protect your own confidential information.

2. Permitted Uses and Restrictions.

This License permits you to install and use the Application and Courses on all compatible mobile and computing devices that you own and control, subject, where applicable, to any Third-Party Terms of Service contained within this License Agreement. THE APPLICATION AND COURSES ARE NOT INTENDED FOR USE AND MUST NOT BE USED IN SITUATIONS WHERE FAILURE OR MISUSE COULD RESULT IN DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGE.

Courses may only be accessed through the FlightReady iOS application or the FlightReady website. You may not download, store, reuse, or otherwise access any Course offline unless expressly permitted by a separate agreement with Aeroapps. You may print individual screen pages solely for your personal use; however, duplication, reproduction, or distribution of printed screens to any other individual or entity is strictly prohibited. Aeroapps reserves the right to determine that printing a large number of screen pages constitutes usage beyond the scope permitted by these Terms.

Your access to and use of Courses are strictly limited to your personal, non-commercial use. Any other use requires explicit prior permission from Aeroapps. No portion of any Course may be distributed or provided to third parties, whether modified or unmodified. You are expressly prohibited from using any Course material to develop your own training programs, whether for internal or external purposes. Additionally, you may not present, teach, or allow any other person to access the Courses by any means or through any device.

3. Transfer.

You may not: (a) copy, reproduce, or publish the Application or Course; (b) distribute copies of this Application, Course, or accompanying materials to others; (c) modify, adapt, translate, reverse engineer, decompile, or create derivative works based on this Application or Course; (d) assign, rent, lease, lend, or sublicense this Application or Course; or (e) sell or transfer this Application or Course.

4. Refunds.

All sales of digital content and digitally delivered services, including training courses, are final and non-refundable. At our sole discretion, we may grant a partial or full refund or allow an exchange for another product after considering factors such as the reason for the refund or exchange, the time elapsed since the purchase, and the extent of product usage. If an incorrect course has been purchased, the sole remedy available is an exchange for the correct course, provided the exchange is requested within seven (7) calendar days of the original purchase date and less than 25% of the course lessons have been completed.

5. Assumption of Risk.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS APPLICATION IS AT YOUR SOLE RISK.

6. Consent to Use of Data.

You agree that Aeroapps may collect and use technical, user, and other information, including but not limited to technical information about your iOS device (such as your device’s UUID), computer, your physical location, system and application software, and peripherals, which will be gathered periodically to facilitate the distribution of software updates, product support, and other services related to the Application. Aeroapps may use this information, in a manner consistent with our Privacy Policy, to improve our products or to provide services or technologies to you. This may include the use of third-party analytics or advertising tools (such as Google Ads conversion tracking) strictly for internal performance measurement, not for behavioral advertising or remarketing. Some features of the Application may require the use of browser cookies or similar technologies to function properly.

7. Syncing Of Data.

This Application may provide for the automatic syncing of data between your devices and remote servers. Use of this service requires establishing the required account(s), providing user information, installation of the Application on compatible devices, and access to the Internet. It is your responsibility to meet all of the requirements to use this service, and you understand and acknowledge that use of the service may be affected by factors outside Aeroapps’s control, and that Aeroapps reserves the right to limit the number of devices associated with an account an/or limit the number of accounts associated with a device.

8. Location Data.

You agree and consent to Aeroapps’s collection, use, transmission, processing and maintenance of device location data to provide and improve features or services. You may withdraw this consent at any time by uninstalling the application or disabling the location-based services for the Application in your device.

9. Privacy.

The Application may require you to enter a serial number or user name/password to access the Application, or to access, use, and/or download data or other services under a separate agreement. Please refer to Aeroapps’s Privacy Policy for information on how Aeroapps collects, uses and discloses personally identifiable information from its users.

10. User Generated Content.

a. You agree not to post or publish any reviews, comments, and other content about Aeroapps and/or the Application or Course (“User Created Content”) that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of, contain or install software viruses, "worms" or other malicious or destructive content, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam," including without limitation machine generated, randomly generated, misleading, or unwanted commercial content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Aeroapps reserves the right (but not the obligation) to (i) refuse or remove, or take any steps necessary to have removed, any User Created Content that, in Aeroapps's reasonable opinion, violates any Aeroapps policy or is an any way harmful or objectionable, or (ii) terminate or deny access to and use of the Application to any individual or entity for any reason, in Aeroapps's sole discretion.

b. Each and every time you post or publish User Created Content, you:

i. Grant Aeroapps a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

ii. Represent and warrant that you own or otherwise control all of the rights to the content that you post; that the downloading, copying, and use of the content will not infringe the proprietary or intellectual property rights of any third party (including, if applicable, your employer); that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Aeroapps for all claims resulting from content you supply.

c. Aeroapps has the right, but not the obligation, to monitor and edit or remove any User Created Content that violates this License Agreement. Aeroapps takes no responsibility and assumes no liability for User Created Content.

11. External Content.

Aeroapps has not reviewed, and as a practical and logistical matter cannot review, all material external to this Application, including, but not limited to, material on third-party websites to which Aeroapps links or that link to Aeroapps. Aeroapps does not have any control over third-party websites, and is not responsible for the contents or use of such websites. By linking to a website, Aeroapps does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Aeroapps disclaims any responsibility for any harm resulting from your use of third-party websites.

12. Copyright Infringement and DMCA Policy.

If you believe that material in this Application, Course, or otherwise used or distributed by Aeroapps violates your copyright, you are encouraged to notify Aeroapps in accordance with the Digital Millennium Copyright Act ("DMCA"). Aeroapps will respond to all DMCA notices, including, as required or appropriate, by removing the infringing material or disabling access to the infringing material. If a user infringes or repeatedly infringes the copyrights or other intellectual property rights of Aeroapps or others, Aeroapps may, in its sole discretion, terminate or deny that user’s access to and use of the Application and other services. In the event of such termination, Aeroapps will not provide a refund of any amounts paid to Aeroapps.

13. Termination.

Your rights under this License Agreement will terminate automatically without notice from Aeroapps if you fail to comply with any term(s) of this License Agreement. Upon the termination of this License Agreement, you must cease all use of the Application and Course, remove the Application and all Courses from all of your devices, and destroy all copies of the Application and Courses. Upon such termination, all provisions of this License Agreement except for the license grant will survive termination and continue in effect.

14. No Device Or Operating System Warranty; Other Limitations.

Aeroapps does not warrant the device on which the Application or Course is installed to be free from defects in materials and workmanship, nor does it warrant compatibility of the device or operating system with the Application. Your exclusive remedy under this Section shall be, at Aeroapps's option, a refund of the purchase price of the application license.

15. Disclaimer of Warranties.

a. THE APPLICATION AND COURSES ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. AEROAPPS DOES NOT AND CANNOT WARRANT THE APPLICATION FOR ACCURACY, RELIABILITY, COMPLETENESS, SAFETY OR FITNESS FOR THE INTENDED USE. YOU UNDERSTAND AND AGREE THAT

i. THE APPLICATION AND COURSES ARE INTENDED SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES;

ii. THE APPLICATION AND COURSES ARE INCORPORATE INFORMATION PROVIDED BY THIRD PARTIES OVER WHICH AEROAPPS HAS NO CONTROL; AND

iii. INFORMATION SUPPLIED BY AEROAPPS, WHETHER OR NOT OF ITS OWN CREATION, SHOULD NOT BE SUBSTITUTED FOR YOUR OWN BEST JUDGMENT, OR CONFIRMATION OF INFORMATION THROUGH OFFICIAL SOURCES, IN ANY GIVEN SITUATION.

b. AEROAPPS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AEROAPPS OR A AEROAPPS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability.

a. DISCLAIMER AND RELEASE OF LIABILITY. THE CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF AEROAPPS AND YOUR REMEDIES SET FORTH IN THIS LICENSE AGREEMENT ARE EXCLUSIVE. YOU HEREBY WAIVE, RELEASE AND RENOUNCE ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS AND LIABILITIES OF AEROAPPS AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF YOU AGAINST AEROAPPS, EXPRESS OR IMPLIED, ARISING BY LAW, EQUITY OR OTHERWISE, WITH RESPECT TO THIS LICENSE AGREEMENT, ANY INFORMATION SUPPLIED BY YOU, THE APPLICATION AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH APPLICATION INCLUDING BUT NOT LIMITED TO:

i. ANY IMPLIED WARRANTY AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS;

ii. ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE;

iii. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING IN STRICT LIABILITY OR IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF AEROAPPS;

iv. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY PROPERTY OF LICENSEE, INCLUDING WITHOUT LIMITATION ANY AIRCRAFT.

b. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AEROAPPS SHALL CREATE A WARRANTY. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

c. EXCLUSION OF SPECIFIED LOSSES AND DAMAGES. YOU AGREE THAT AEROAPPS SHALL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, WHETHER ARISING IN LAW, EQUITY, CONTRACT (INCLUDING BUT NOT LIMITED TO WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF AEROAPPS), STRICT LIABILITY, FOR:

i. LOSS OF USE, REVENUE, PROFIT, ANTICIPATED SAVINGS, BUSINESS VALUE, OPPORTUNITY OR GOODWILL;

ii. LOSSES OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION;

iii. LOSSES OR DAMAGES RESULTING FROM DELAY IN PERFORMANCE AND COST OF SUBSTITUTE PROCUREMENT;

iv. LOSSES OR DAMAGES RESULTING FROM DATA OR INFORMATION THAT IS LOST, CORRUPTED OR DAMAGED IN ANY OTHER MANNER, WHETHER IN WHOLE OR IN PART; OR

v. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PURE ECONOMIC LOSSES OR DAMAGES.

d. MAXIMUM LIABILITY. IN NO EVENT WILL AEROAPPS’S TOTAL LIABILITY, WHETHER IN CONTRACT (INCLUDING BUT NOT LIMITED TO WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN ANY WAY ARISING OUT OF OR RELATING TO THIS LICENSING AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE THIS APPLICATION, EXCEED $100.00 USD.

17. Export Control.

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. The Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, and nuclear, chemical or biological weapons.

18. Government End Users.

The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are hereby reserved under the copyright laws of the United States.

19. Entire Agreement.

This License Agreement contains the entire agreement of the parties hereto relating to the subject matter hereof. No waiver or modification of any of the terms of this License Agreement will be valid unless in writing and signed by both you and Aeroapps. No waiver of any breach will be deemed a waiver of any subsequent breach. If any provision of this Licensing Agreement is held to be invalid or unenforceable, the remaining provisions will not be affected.

20. Controlling Law and Severability.

This License Agreement will be governed by and construed in accordance with the laws of the State of Arizona without recourse to choice of law statutes or principles that would otherwise result in the application of the law of any other jurisdiction. Each Party agrees that any legal action, proceeding, controversy, or claim between the Parties arising out of or relating to this Agreement or the subject matter hereof may be brought and prosecuted only in the United States District Court for the District of Arizona or, if that Court lacks or declines to exercise subject matter jurisdiction, in the courts of the state of Arizona, and by execution of this Agreement each party hereto submits to the exclusive jurisdiction of such court and waives any objection it might have based upon improper venue or inconvenient forum.

This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

21. Legal Compliance.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

22. Accuracy of Data Sources.

The weather, airport, and aeronautical information provided in this Application, including, but not limited to, the Federal Aviation Administration and National Weather Service, is subject to service interruptions, and may contain errors or inaccuracies. Therefore you should not rely on such information exclusively, and should also consult alternate and official information sources prior to making decisions that affect the safety of flight and human life. You acknowledge and agree that you are solely responsible for use of information provided by the Application, and all decisions taken with respect thereto. By using the Application, you release and waive any claims against Aeroapps with regard to the information provided in the Application.

23. Claims or Questions.

Any claims by you or by any third party relating to the Application or to your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation shall be directed to Aeroapps, and not to Apple. Questions, complaints, or claims related to the Application should be directed to:

Aeroapps Technology, LLC, 3120 W Carefree Hwy, Ste 120, Phoenix AZ 85085

24. Third-Party Terms Of Service.

a. ANDROID®. If you install or use this Application on any Android® operating system, you further agree as follows: THE ANDROID OPERATING SYSTEM IS DESIGNED TO RUN ON MANY TYPES OF MOBILE DEVICES THAT CONTAIN VARIATIONS INCLUDING BUT NOT LIMITED TO HARDWARE, SYSTEM CONFIGURATION, SOFTWARE, AND FEATURES. THIS APPLICATION MAY NOT BE COMPATIBLE WITH ALL ANDROID MOBILE DEVICES.

b. APPLE®. If you install or use this Application on any Apple® operating system, you further agree as follows:

i. Acknowledgement: The parties acknowledge that this License Agreement is concluded solely between such parties, and not with Apple, and Aeroapps, not Apple, is solely responsible for this Application and the content thereof. You further acknowledge that the usage rules for this Application are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download this Application, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive.

ii. Scope of License: The license granted to You is limited to a non-transferable license to use this Application on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

iii. Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.

iv. Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to this Application. In the event of any failure of this Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for this Application to that end-user; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application. The parties acknowledge that to the extent that there are any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty such would be the sole responsibility of Aeroapps. However, You understand and agree that in accordance with the License Agreement, Aeroapps has disclaimed all warranties of any kind with respect to this Application, and therefore, there are no warranties applicable to this Application.

v. Product Claims: The parties acknowledge that as between Apple and Aeroapps, Aeroapps, not Apple, is responsible for addressing any claims of the end-user or any third party relating to this Application or the end-user’s possession and/or use of this Application, including, but not limited to: (i) product liability claims; (ii) any claim that this Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

vi. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that Your possession and use of this Application infringes that third party’s intellectual property rights, Apple will have no responsibility or liability whatsoever for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

vii. Third Party Terms: You must comply with applicable third party terms and conditions when using this Application.

viii. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of this License Agreement, and that, upon Your acceptance of the terms and conditions contained herein, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third party beneficiary thereof.

ix. Name and Mailing Address of Aeroapps: Aeroapps Technology, LLC, 3120 W Carefree Hwy, Ste 120, Phoenix AZ 85085.

THIS LICENSE AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AEROAPPS TECHNOLOGY, LLC. BY CLICKING "I AGREE" OR BY PROCEEDING TO CREATE AN ACCOUNT, YOU AGREE TO BE BOUND BY ITS TERMS.