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Terms of Use Agreement

  1. Purpose:

    This Agreement (“Agreement”) sets forth the terms and conditions under which you (“User”) may use the software (“Software”).

  2. Confidentiality:

    The User acknowledges that the Software is confidential and proprietary to the company (“Company”). The User agrees to use the Software solely for its intended purpose and shall not disclose the Software or any information regarding the Software to any third party. The Software’s intended use is based around four main pillars of use: Scheduling, Billing, maintenance and a Learning Management System. 

  3. Fee’s:

    In exchange for the right to use the Software during the Customer shall pay the “Fees” to the Company as per the attached “Fee Schedule” in Fig 1. Subject to the  arrangements of their parent club. 

  4. Payments:

    1. By providing your payment information to PreFlight, whether it is a credit card or an ACH (Automated Clearing House) bank account, you authorize PreFlight and/or any flying clubs with which you have registered through our platform to charge your designated payment method for any amounts owed to the flying club. This may include, but is not limited to, membership fees, flight bookings, fuel charges, or other services provided by the flying club. In addition, you authorize the loading of funds onto your account balance, when necessary, to cover such charges.

    2. Please note that PreFlight only facilitates the processing of payments, whether by credit card or ACH, and account balance adjustments on behalf of the flying clubs. PreFlight is not responsible for refunding any payments made to the flying clubs or funds loaded onto your account balance. Refunds, if applicable, must be handled directly with the flying club to which the payment was made.

    3. You have the option to remove or update your payment method on file, including both credit card and ACH account details, at any time if you do not wish to use it as your primary payment method. If you choose to remove or update your payment method, any outstanding payments or charges may result in a disruption of services until an alternative payment method is provided.

  5. No Warranty:

    The Software is provided on an “as is” basis and the Company makes no warranties, express or implied, with respect to the Software or its performance. The Company does not warrant that the Software will meet the Users requirements or that the operation of the Software will be uninterrupted or error-free.

  6. Liability Limitation:

    In no event will the Company be liable for any damages, including without limitation, direct, indirect, special, incidental, or consequential damages, arising out of the use of or inability to use the Software, even if the User has been advised of the possibility of such damages.

  7. Features:

    In order to maintain security and safety across the platform, PreFlight retains the right to make changes to the software at any time. 

  8. Term and Termination:

    This Agreement shall commence on the date of acceptance by the User and shall continue until one of the parties cancels the agreement. Both parties reserve the right to cancel this agreement at any time.

  9. Intellectual Property:

    The User acknowledges that the Company owns all right, title, and interest in and to the Software, including without limitation all patents, trademarks, copyrights, trade secrets, and other proprietary rights. The User shall not remove or alter any proprietary notices on the Software.

  10. Fees:

    1. The Customer agrees to the fees contained in the Fee Schedule displayed in fig.1

    2. Fees are applied to all financial transactions processed by the PreFlight application in accordance with the table in Fig 1. 

    3. Transaction Fees shall be applied to the Customer or the PreFlight user at the Customer’s discretion. This can be managed within the software by the Customer. Responsibility for settling any charges incurred under the Fee’s in Fig. 1 will rest with the party who is allocated accordingly within the application.

    4. PreFlight payments facilitated by our payment partner “Stripe” may incur additional charges from time to time. Please refer to your Stripe user agreement.  

    5. PreFlight shall not in any way be held responsible for errors or omissions of its customers in relation to their application of the fees. Such errors or omissions are the responsibility of the Customer and as such any fees incurred by the customer as a result shall be non-refundable.  

    6. The Customer agrees to use PreFlight as its exclusive payment provider for features and services provided by the Software for the duration of this Agreement. 

  11. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law rules.

  12. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous negotiations, understandings, and agreements between the parties, whether written or oral, relating to the subject matter of this Agreement.

  13. Amendment: Acknowledging the need for a contract which reflects changing circumstance, law and privacy requirements, this Agreement may be amended by the Company at any time, without notice.