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PREFLIGHT – END-USER LICENSE AGREEMENT (EULA)

PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE PREFLIGHT SOFTWARE, SERVICES, AND WEBSITE LOCATED AT WWW.PREFLIGHTFBO.COM.

BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.



1. DEFINITIONS

1.1 “PreFlight”

Means PreFlight LLC, a North Carolina limited liability company, including its parent entities, subsidiaries, affiliates, managers, officers, contractors, and agents.

1.2 “Service” or “Platform”

Means the PreFlight proprietary software platform, website, mobile applications, APIs, data tools, communications systems, and all functionality provided through or in connection with PreFlight.

1.3 “Club”

Means any flight school, aviation organization, operator, or similar entity with which a User maintains a membership, training relationship, or account, and which utilizes the Service to manage scheduling, billing, aircraft usage, or training.

1.4 “User”

Means any individual creating an account, accessing the Service, or using the Service on behalf of themselves or a Club.

1.5 “Customer Data”

Means all data, information, content, and materials submitted by a User or Club to the Service, including but not limited to personal data, flight logs, maintenance entries, billing inputs, scheduling data, and operational information.

1.6 “Agreement”

Means this End-User License Agreement, including all referenced or incorporated policies.



2. ACCEPTANCE OF TERMS

By clicking “I Agree,” creating an account, or otherwise accessing the Service, you acknowledge that:

  1. You have read, understand, and agree to this Agreement;

  2. If you are using the Service on behalf of a Club, you represent that you have full authority to bind the Club; and

  3. If you do not have such authority, you must not use the Service.

Your use of the Service constitutes acceptance of this Agreement as of the date you first access the Service (“Effective Date”).



3. ROLE OF PREFLIGHT

The Service is a software tool used by Clubs to manage scheduling, aircraft utilization, training, billing, and related administrative functions.

PreFlight is not:

  • A flight school or training provider

  • An air carrier or operator

  • A maintenance provider

  • A financial institution

  • A certifying authority

  • An insurer

PreFlight does not manage or control Club operations, policies, financial practices, aircraft condition, training quality, or regulatory compliance.

All disputes, decisions, obligations, or liabilities between Users and Clubs remain solely between those parties. PreFlight is not a party to such relationships.



4. THE SERVICE

4.1 Provision of Service

PreFlight provides access to its proprietary software through web-based and mobile interfaces. The Service may include communication features, scheduling tools, billing tools, maintenance logs, and related functions.

4.2 Modifications

PreFlight may modify or update the Service at any time without notice, including enhancements, removal of features, or changes in functionality.

4.3 No Guarantee of Availability

The Service is provided subject to internet-based limitations and may experience downtime or interruptions. PreFlight does not guarantee continuous or error-free access.



5. LICENSE GRANT

Subject to compliance with this Agreement, PreFlight grants the User a limited, revocable, non-exclusive, non-transferable license to use the Service solely for lawful aviation-related scheduling, management, and administrative functions for personal or Club-related purposes.



6. LICENSE RESTRICTIONS

Users shall not, directly or indirectly:

  1. Copy, modify, translate, or create derivative works of the Service;

  2. Reverse-engineer, decompile, or extract source code;

  3. Use the Service to build or support a competing product;

  4. Use automated scraping or data extraction tools;

  5. Frame, mirror, or embed the Service without written consent;

  6. Sell, sublicense, lease, transfer, or distribute access to the Service;

  7. Attempt to bypass security or authentication systems;

  8. Upload viruses, worms, or harmful code;

  9. Access the Service if employed by or acting on behalf of a competitor without written permission;

  10. Use the Service in any unlawful manner or for any unlawful purpose.

PreFlight reserves all rights not expressly granted herein.



7. ACCOUNT RESPONSIBILITIES

Users are responsible for:

  • Maintaining the confidentiality of account credentials;

  • Ensuring all submitted information is complete and accurate;

  • All activity occurring under their account;

  • Immediately notifying PreFlight of unauthorized access.

PreFlight is not liable for unauthorized account use.



8. CUSTOMER DATA

8.1 Ownership

As between the parties, the User or the User’s Club retains ownership of Customer Data.

8.2 License to PreFlight

User grants PreFlight a worldwide, royalty-free license to host, process, transmit, analyze, display, and retain Customer Data for the purpose of operating, improving, and securing the Service.

8.3 Responsibility for Data

The User and/or Club is solely responsible for:

  • Accuracy, legality, and completeness of Customer Data

  • Obtaining any necessary rights or permissions

  • Decisions made based on information shown in the Service

PreFlight is not responsible for loss, corruption, or deletion of Customer Data, except as required by law.

8.4 Data Retention

PreFlight may retain records for purposes including:

  • FAA/TSA compliance

  • Safety-related investigations

  • Fraud prevention

  • Legal or regulatory requests

  • Maintaining system integrity

Customer Data may remain stored after account closure.



9. BILLING, PAYMENTS & FEES

9.1 Club Responsibility for Charges

All charges, rates, dues, penalties, or financial transactions entered into the Service are set and controlled exclusively by the User’s Club. PreFlight does not control or verify Club fees.

9.2 Non-Refundable PreFlight Fees

All fees charged by PreFlight—including subscription fees, payment processing fees, convenience fees, transaction fees, and platform usage fees—are final and non-refundable.

9.3 Third-Party Processors

Payments may be processed by third-party processors such as Stripe, Moov, or others. PreFlight is not responsible for:

  • Processing errors

  • Holds or freezes

  • Payment delays

  • Chargebacks or disputes

  • Bank reversals

All financial disputes must be directed to the User’s Club or the payment provider.



10. FAA/TSA COMPLIANCE & SAFETY DISCLAIMERS

10.1 No Regulatory Certification

The Service does not certify compliance with FAA regulations (including Parts 61, 91, 135, 141), TSA rules, or any other federal, state, or local requirements.

10.2 No Operational Responsibility

PreFlight does not:

  • Verify aircraft airworthiness

  • Verify instructor or pilot qualifications

  • Ensure accuracy of maintenance or scheduling data

  • Determine legality of any flight operations

10.3 Pilot Responsibility

The User is solely responsible for:

  • Pre-flight planning

  • Weather briefings

  • Weight and balance

  • Regulatory compliance

  • Aircraft condition checks

  • Instructor qualification verification

Information displayed in the Service is for convenience only and may be incomplete, inaccurate, or outdated.



11. INTERNET & THIRD-PARTY SERVICES

PreFlight relies on internet providers, hosting services, cloud providers, communication platforms, and payment processors. PreFlight is not responsible for disruptions, failures, or delays arising from third-party systems.



12. INTELLECTUAL PROPERTY

The Service and all related content, including but not limited to software, code, design, interfaces, graphics, user flows, trademarks, and documentation, are owned by PreFlight or its licensors.

This Agreement does not transfer ownership of any intellectual property to the User.



13. INDEMNIFICATION

User agrees to indemnify, defend, and hold harmless PreFlight LLC and its owners, managers, officers, employees, and affiliates from all claims, damages, liabilities, losses, and expenses (including attorneys’ fees) arising from:

  • User’s use of the Service;

  • Customer Data submitted by User or User’s Club;

  • User’s violation of this Agreement or applicable law;

  • Disputes between User and Club;

  • Aviation operations, decisions, or regulatory issues involving User or Club.

PreFlight does not indemnify Users.



14. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PREFLIGHT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA.

PreFlight does not warrant that:

  • The Service will be uninterrupted or error-free;

  • Data displayed will be accurate, complete, or current;

  • The Service will meet any operational, safety, or regulatory requirement.



15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • PREFLIGHT’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID DIRECTLY TO PREFLIGHT IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

  • PREFLIGHT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

  • PREFLIGHT IS NOT LIABLE FOR ANY ACTIONS OR OMISSIONS OF CLUBS OR THIRD PARTIES.

Some jurisdictions do not allow certain limitations; where prohibited, limitations shall apply to the fullest extent permitted.



16. TERMINATION

PreFlight may suspend or terminate access to the Service at any time, with or without cause, including for:

  • Breach of this Agreement

  • Safety or security concerns

  • Non-payment

  • At the request of the User’s Club

Upon termination, User may lose access to Customer Data. PreFlight has no obligation to store or provide copies of such data, except where required by law.



17. ASSIGNMENT

User may not assign rights or obligations under this Agreement without PreFlight’s prior written consent. PreFlight may assign this Agreement without notice, including in connection with corporate restructuring, merger, or sale of assets.



18. MODIFICATIONS TO AGREEMENT

PreFlight may modify this Agreement at any time. Updated versions will be posted on the PreFlight website. Continued use of the Service constitutes acceptance of the updated terms.



19. GOVERNING LAW

This Agreement is governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Any disputes shall be brought exclusively in the state or federal courts located in Wake County, North Carolina.



20. QUESTIONS

For questions regarding this Agreement:

PreFlight LLC
8300 Grey Abbey Pl
Raleigh, NC 27615

support@preflightfbo.com