Terms of Service

This document (the "Agreement") sets forth the terms and conditions that govern your use of the app, site, or services offered by or through Flighty. BY USING FLIGHTY APP, USING THIS SITE, ACCESSING ANY INFORMATION FROM THIS SITE, BENEFITTING FROM THE SITE OR APP, POSTING OR DOWNLOADING ANY INFORMATION TO OR FROM THE SITE APP, REGISTERING FOR OR OBTAINING ANY ACCOUNT ON THE SITE OR APP, OR MANIFESTING YOUR ASSENT TO THIS AGREEMENT IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THIS AGREEMENT.

PLEASE READ CAREFULLY BEFORE USING FLIGHTY. YOUR USE OF THE SERVICE OR ANY SERVICES PROVIDED THROUGH FLIGHTY IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE FLIGHTY IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.

This Terms sets out the legal terms between you (either an individual or legal entity) and FLIGHTY, LLC dba Flighty (“Administration” or “we” or “us” or "Flighty").

These Terms are accepted by you when you actually use Flighty. You may print a copy of these Terms for your records and we highly recommend you do so. These Terms remain effective from the date of acceptance until terminated by you or Administration in accordance with this Terms.

You cannot accept these Terms if: (a) you are not lawfully entitled to use the Service under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with Administration. By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws.

In some countries there exist legal and/or other restrictions on usage of Flighty and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Service. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.

Free Trial

Flighty provides a free trial during which you can use all features of the service.

Right to Refuse Service

Flighty reserves the right to refuse service to anyone, anywhere, anytime, for any reason. Such as, but not limited to: using the app for unintended purposes, tracking an unreasonable number of flights, using an unreasonable amount of resources, or abuse of the terms, as defined solely by Flighty at our discretion.

Payment & Refunds

Flighty’s paid Services may be purchased through the Apple App Store or another app marketplace or payment provider made available by Flighty (each, an “App Marketplace”). Prices, subscription terms, billing, renewals, cancellations, and refunds may also be subject to the terms of the applicable App Marketplace. To the extent your purchase is processed by an App Marketplace, that App Marketplace, rather than Flighty, processes the payment and any refund request in accordance with its applicable terms and policies, subject always to rights that cannot be excluded under applicable law. Flighty reserves the right to modify its rates or offer promotions as permitted by applicable law.

New Features and Modifications to Terms of Service

We may from time to time introduce new features to the service or modify or delete existing features. We will post any new or modified features when they become available, as well as any new or modified terms of this Agreement. Any new or modified terms will become effective for your use of the service upon the earlier of (i) your use of a new or modified feature to which the new or modified term relates or (ii) the date of your next App Store bill payment.

Cancellation

You may cancel a subscription using the cancellation functionality of the App Marketplace through which you purchased it or as otherwise instructed in the Services. Cancellation takes effect in accordance with the applicable subscription terms. Except as required by applicable law or applicable App Marketplace terms, cancellation does not entitle you to a refund of amounts already paid for the current subscription period.

Limited License

We grant to the end User a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Flighty, the Mobile applications and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as said in Flighty.

Except as otherwise expressly permitted by these Terms, you may not: collect, use, copy or distribute any portion of Flighty or the Materials; resell, publicly perform or publicly display any portion of the Materials; modify or otherwise make any derivative uses of any portion of Flighty, the Mobile applications or the Materials; use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of Flighty; use Flighty in a manner which results in the depletion of Web site infrastructural resources; download (other than page caching) any portion of Flighty, the Materials or any information contained therein or use Flighty or the Materials other than for their intended purposes.

Additional Terms for App Marketplace Users

Apple App Store. If you download or use the mobile application (the “App”) through Apple’s App Store, the following additional terms apply: (a) these Terms are between you and Flighty, not Apple, and Flighty, not Apple, is solely responsible for the App and its content; (b) the license granted to you is a non-transferable license to use the App on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including any use permitted through Family Sharing, volume purchasing, or Legacy Contacts; (c) Flighty is solely responsible for maintenance and support of the App, and Apple has no obligation to furnish maintenance or support; (d) to the extent any warranty has not been effectively disclaimed, if the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid for the App, and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App; (e) Flighty, not Apple, is responsible for addressing any claims relating to the App or your possession or use of it, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, consumer-protection, privacy, or similar claims; and, if a third party claims that the App or your possession or use of the App infringes that third party’s intellectual-property rights, Flighty, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that intellectual-property infringement claim; (f) you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties; (g) you must comply with applicable third-party terms when using the App; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, may enforce these Terms against you as third-party beneficiaries.

For questions, complaints, or claims concerning the App, contact Flighty LLC at 5900 Balcones Dr Ste 19094, Austin, Texas 78731-4257, United States; telephone: +1 512-886-3055; email: [email protected].

Media & Public Use

Flighty's airport status, delay, and operations data displayed on our public website (https://www.flighty.com/airports) may be used by journalists, broadcasters, and individuals for editorial, news reporting, and informational purposes, including live television, digital, social media broadcasts, and live streams, at no cost and without a separate agreement.

By using Flighty's data or visuals in any broadcast, live stream, or publication, you agree to the following:

Credit Flighty as the source. All on-air, on-screen, or published references to this data must clearly attribute "Flighty" or display Flighty branding as it appears on the website. Logos, source lines, and visual marks may not be removed or obscured.

Don't misrepresent the data. You may not present Flighty's data in a way that is misleading, out of context, or implies Flighty endorses a particular editorial position, conclusion, or point of view.

No exclusivity. Flighty provides this same data to other media organizations, partners, and the general public and reserves the right to do so freely.

No warranty. Flighty provides this data as-is for informational purposes. We do not guarantee its accuracy, completeness, or timeliness and are not liable for any decisions made based on it.

Flighty reserves the right to modify or discontinue public data access at any time.

Notices and Claims

Administration may give notice of a claim of copyright infringement to our users by means of a general notice on the Services, electronic mail to a user's email address in our records, or by written communication sent by mail. In accordance with the applicable law, Administration has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Administration, account holders who are deemed to be repeat infringers. Administration may also at its sole discretion limit access to the Services of Flighty and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Services infringes upon any copyright which you own or control, you may send a notification of such infringement to: [email protected].

Terminations of Terms

Without limiting other remedies, Flighty may suspend or terminate this Agreement with you, or may terminate or suspend your use of the Services at any time if: (a) you are in default of these Terms; (b) you are engaged in illegal actions, or infringe proprietary rights, rights of privacy, or intellectual property rights of any person, or any third party rights, or otherwise create risk or possible legal exposure for us; (c) required by applicable laws/regulations and within the time limits as required by such laws/regulations; (d) you are using Flighty as not originally intended; (e) you are abusing or otherwise causing extreme usage of Flighty services or resources, determined at our sole discretion; (f) we decide to cease offering the Services generally.

Upon termination of this Terms: (a) all licenses and rights to use the Services shall immediately terminate; (b) you will immediately cease any and all use of the Services. Any suspension or termination of this Terms will not affect your obligations to Administration under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination. We reserve the right to change or modify any provisions of these Terms or guidelines governing your use of the Services, at any time in our sole discretion and without liability to users. Any such changes or modifications will be effective immediately upon posting of revisions on Flighty. Your continued use of the Services following the posting of such changes or modifications constitutes your acceptance of the Terms. Therefore, you should frequently review these Terms or guidelines of Flighty in order to understand the terms and conditions applicable to your use of the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, your sole recourse is to stop using the Services.

EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

NO WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; ADMINISTRATION DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. Administration FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES ADMINISTRATION WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

NO LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT ADMINISTRATION SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO ADMINISTRATION, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES PROVIDED TO YOU THROUGH FLIGHTY. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICES IS TO IMMEDIATELY CEASE USE OF SERVICES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING, WHERE APPLICABLE, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER ADMINISTRATION NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES shall be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Administration, for (a) any indirect, special, incidental or consequential damages; or (b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or (c) any damage to or corruption of data (whether direct or indirect).

If any third party brings a claim against Administration in connection with, or arising out of: breach of these Terms; breach of any applicable law or regulation; your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold Administration harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

Confidentiality and Security

We are committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data, and the content of your communication(s) in accordance with our Privacy Policy (https://flighty.com/legal/privacy). Please read it carefully before starting using the Services.

European Economic Area and United Kingdom Consumers

If you are a consumer habitually resident in the European Economic Area or the United Kingdom, these Terms do not affect any rights or remedies that cannot lawfully be excluded or limited under the laws applicable to you. Any exclusion or limitation of warranties, remedies, or liability in these Terms applies only to the extent permitted by applicable law. You may also have statutory cancellation, withdrawal, refund, conformity, or other consumer rights in addition to the rights expressly described in these Terms.

Miscellaneous

These Terms constitute relationship between you and Administration with respect to your use of the Services. If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

The failure by Administration to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Administration’s right or remedy.

We may make changes to these Terms from time to time and we will publish the changes at this link www.flighty.com/terms. The changes will be effective when published. Please review the Terms on a regular basis. You acknowledge and agree that your express acceptance of the Terms or your use of the Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate this Terms in accordance with the set forth below.

If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms.

Except to the extent applicable law provides otherwise, these Terms shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to its conflict-of-laws provisions. If you are a consumer habitually resident in the European Economic Area or the United Kingdom, this choice of law does not deprive you of the protection of mandatory provisions of the law that would apply to you in the absence of this choice. Except where applicable law gives you the right to bring proceedings elsewhere, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the U.S. federal courts and state courts located in Texas, and each party waives any objection to jurisdiction and venue in those courts. Consumers in the European Economic Area or the United Kingdom may bring claims in any court having jurisdiction under applicable consumer law, including, where applicable, the courts of the consumer’s place of domicile, and Flighty may bring proceedings against such consumers only where permitted by applicable law. We reserve the right to seek injunctive relief in any jurisdiction where permitted by applicable law.

This Terms were drafted in English (US). We may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall prevail.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FOR FLIGHTY. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS YOU GRANT TO ADMINISTRATION THE RIGHTS SET FORTH HEREIN.