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TermsPrivacyDPASMS

Terms of Service

Version 2026-05-17 · Effective 5/17/2026

1. Agreement

By creating an account, accessing, or using Av8Book (the "Service"), you ("You," "Customer," or "User") agree to these Terms of Service ("Terms"). If you are accepting on behalf of a company, flight school, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "You" refers to that entity. The individual accepting these Terms personally represents and warrants such authority.

2. The Service

Av8Book provides a multi-tenant cloud-hosted scheduling, billing, training-records, and operational platform for flight schools and similar aviation businesses. The Service is provided "AS IS" and "AS AVAILABLE"without warranty of any kind. We may add, remove, or change features at any time with or without notice. We do not guarantee that any specific feature will continue to be available, that the Service will meet Your requirements, or that the Service will be uninterrupted, timely, secure, or error-free.

3. Customer Operational Responsibilities — Downtime Procedure

You acknowledge and agree that Av8Book is a tool intended to support, not replace, Your business operations. Aviation operations are safety-critical. Outages, software bugs, network failures, third-party service degradation, scheduled maintenance, denial-of-service attacks, and similar events can and will occur from time to time, with or without advance notice.

You represent, warrant, and covenant on a continuing basis that:

Failure to maintain or follow Your downtime procedure, or to obtain and retain the parental and guardian consents described above, is solely Your responsibility. We are not liable for any consequence arising from Your failure to do so.

4. No Warranty — Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, quiet enjoyment, system integration, and any warranties arising from course of dealing or course of performance.

Without limiting the foregoing, we do not warrant that:

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  1. EXCLUSION OF DAMAGES.In no event will we, our affiliates, our licensors, our service providers, or any of our or their officers, directors, employees, agents, or contractors (collectively, the "Av8Book Parties") be liable to You or to any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind, including without limitation: lost profits; lost revenue; loss of goodwill; loss of business opportunity; loss of data, records, content, or training records; cost of procurement of substitute goods or services; cost of cover; business interruption; missed reservations or flights; cancellation fees; FAA or other regulatory penalties; damage to reputation; or any damage arising from delay, downtime, outage, defect, error, inaccuracy, or unavailability of the Service, regardless of the form of action (whether in contract, tort (including negligence), strict liability, statute, or otherwise) and even if an Av8Book Party has been advised of the possibility of such damages or such damages were foreseeable.
  2. CAP ON DIRECT DAMAGES.The aggregate liability of all Av8Book Parties to You for any and all claims arising out of or relating to the Service or these Terms (whether in contract, tort, statute, or otherwise) will not exceed the lesser of (a) the amount You actually paid to Av8Book for the Service in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100). This cap applies in the aggregate across all claims and is not multiplied by the number of incidents or claimants.
  3. BASIS OF THE BARGAIN. You acknowledge that the pricing of the Service reflects this allocation of risk; that we would not enter into these Terms without these limitations; and that these limitations form an essential basis of the bargain between the parties and apply notwithstanding the failure of essential purpose of any limited remedy.
  4. CARVE-OUTS.Nothing in this Section limits or excludes any liability that cannot be limited or excluded under applicable law, including without limitation liability for: (a) gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; (c) death or bodily injury caused by an Av8Book Party's negligence; (d) infringement or misappropriation of a party's intellectual property rights as expressly indemnified in these Terms; or (e) Customer's payment obligations. The exclusions and cap in subsections (1)–(2) above apply to the fullest extent permitted by law and only to those liabilities that may be limited.

6. Indemnification

You will defend, indemnify, and hold harmless the Av8Book Parties from and against any claim, demand, action, suit, regulatory proceeding, fine, loss, liability, damage, cost, or expense (including reasonable attorneys' fees and costs) brought by any third party arising out of or relating to:

7. Service Levels — No SLA

Unless You have a separate written enterprise agreement with us that expressly provides a service level agreement, the Service is provided without any service level commitment, uptime guarantee, response time guarantee, or credits of any kind. Scheduled maintenance, emergency maintenance, and outages caused by upstream providers (cloud infrastructure, payment processors, email/SMS providers, identity providers) are expressly excluded from any expectation of availability. We may, at our sole discretion, perform maintenance at any time with or without notice.

8. Acceptable Use

You will not, and will not permit Your end users to:

9. Customer Data

You retain all rights to data You upload to the Service ("Customer Data"). You grant us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and create derivative works of Customer Data solely as necessary to provide and improve the Service, comply with law, and enforce these Terms. You represent that You have all rights necessary to grant this license and that Customer Data does not violate any third-party right.

We will use commercially reasonable efforts to back up Customer Data, but You remain responsible for maintaining Your own backups. We are not liable for any loss or corruption of Customer Data, whether caused by us, You, a third party, or any other cause.

Data Processing Agreement. Where Av8Book processes personal data on Your behalf as a processor (within the meaning of applicable data-protection law, including the EU/UK GDPR and the California Consumer Privacy Act), the terms of our Data Processing Agreement(the "DPA") apply to such processing and are incorporated into these Terms by reference. In the event of a conflict between these Terms and the DPA with respect to the processing of personal data, the DPA controls.

Personal-data-breach notification. We will notify You of any confirmed Personal Data Breach (as defined in the DPA) affecting Customer Data without undue delay and in any event within forty-eight (48) hours of our confirmation of the breach. The notice will include the information reasonably required for You to meet Your own notification obligations under applicable law, supplemented as additional information becomes available. This commitment does not constitute an admission of fault or liability.

10. Payment, Subscriptions, and Refunds

Subscription fees are charged in advance, are non-refundable, and are not pro-rated on cancellation. Upon termination, You will continue to have access through the end of the current billing period. Per-aircraft and per-feature fees are described on the pricing page in effect at the time of Your purchase. We may change pricing on thirty (30) days' notice. Late payments accrue interest at the lesser of 1.5% per month or the maximum allowed by law.

11. Suspension and Termination

We may suspend or terminate Your access to the Service at any time, with or without notice, for any reason, including without limitation: breach of these Terms, non-payment, suspected fraudulent or illegal activity, or risk to the integrity of the Service or other customers. Termination does not relieve You of accrued payment obligations and does not entitle You to a refund.

12. Third-Party Services

The Service integrates with third-party services (Stripe for payments, Resend for email, Twilio for SMS, Supabase for hosting, QuickBooks for accounting, MyFlightbook / LogTen Pro / ForeFlight for logbook export, and others). We are not responsible for the availability, accuracy, security, or terms of any third-party service. Disruptions to a third-party service may cause the corresponding feature of our Service to be unavailable; You agree such disruptions are excluded from any expectation of availability under these Terms.

13. SMS Communications — A2P 10DLC

The Service includes an optional Application-to-Person (A2P) text messaging program registered through Twilio under the U.S. mobile industry's 10DLC framework. The data-handling, opt-in, and opt-out terms of that program are described in Section 6 of our Privacy Policy, which is incorporated here by reference. The following operational terms also apply.

14. Confidentiality

Each party will protect the other party's confidential information using at least the same degree of care it uses to protect its own confidential information of like kind, but in no event less than reasonable care. Confidential information does not include information that is or becomes public through no fault of the receiving party, was known to the receiving party prior to disclosure, or is independently developed without use of the disclosing party's confidential information.

15. Intellectual Property

We and our licensors own all right, title, and interest in and to the Service, including all software, designs, marks, and documentation. No rights are granted to You other than the limited right to access and use the Service in accordance with these Terms. Feedback You provide may be used by us without restriction or compensation.

16. DMCA Notices

Av8Book complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If You believe that material accessible through the Service infringes Your copyright, You may submit a written notice to our designated agent containing the elements required by 17 U.S.C. § 512(c)(3):

Designated Agent:
Legal Department
Lou Holdings LLC
6124 Stillmeadow Drive
Nashville, TN 37211
Email: dmca@av8book.com
Phone: (908) 285-4287

The designated agent is registered with the U.S. Copyright Office under registration number DMCA-1073177 (effective May 22, 2026) and the record can be inspected at copyright.gov/dmca-directory. We will respond to properly formed notices in accordance with the DMCA. We may also, in our sole discretion and consistent with the DMCA, terminate the accounts of users that we determine to be repeat infringers. Notices that materially misrepresent that material is infringing may subject the sender to liability under 17 U.S.C. § 512(f). Counter-notices may be sent to the same designated agent and must contain the elements required by 17 U.S.C. § 512(g)(3).

17. Governing Law — Dispute Resolution

17.1 Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Informal resolution. Before commencing any formal proceeding, You agree to first attempt to resolve the dispute informally by sending a written notice describing the dispute and the relief You seek to legal@av8book.com. The parties will use good-faith efforts to resolve the dispute within sixty (60) days. The sixty-day period tolls any applicable statute of limitations.

17.3 Binding individual arbitration.If the parties do not resolve the dispute informally, the dispute will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA"), except as provided in Section 17.5 (Carve-outs) and Section 17.7 (Opt-out). For disputes brought by or against an individual user (a natural person) in connection with personal, family, or household use of the Service, the AAA Consumer Arbitration Rules apply. For disputes brought by or against an entity (including a flight school or business Customer), the AAA Commercial Arbitration Rulesapply. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.4 Arbitration location and format. The seat of arbitration is Wilmington, Delaware. The arbitration may be conducted by telephone, by videoconference, or solely on the basis of documents submitted by the parties, at the option of the party bringing the claim. No party is required to travel to Delaware in connection with an arbitration unless the parties mutually agree otherwise.

17.5 Carve-outs. Notwithstanding the above:

17.6 Costs of arbitration for individual users.For an individual user arbitrating under the AAA Consumer Rules, Av8Book will pay all AAA filing, administrative, and arbitrator fees in excess of two hundred fifty U.S. dollars (US$250), unless the arbitrator determines that the claim is frivolous within the meaning of Federal Rule of Civil Procedure 11(b). Each party bears its own attorneys' fees and expenses unless a statute or contract provides otherwise.

17.7 Right to opt out of arbitration. You have the right to opt out of the arbitration agreement in this Section 17 by sending written notice of Your decision to opt out to legal@av8book.comwith the subject line “Arbitration Opt-Out” within thirty (30) days after first accepting these Terms (or, if these Terms are materially modified to expand the scope of arbitration, within thirty (30) days of the modification taking effect as to You). The notice must include Your name, the email address associated with Your account, and a clear statement that You are opting out of arbitration. If You opt out, the remainder of this Section 17 (other than the arbitration provisions) continues to apply and disputes will be litigated in the courts identified in Section 17.9.

17.8 Class waiver and coordinated proceedings. Class actions, class arbitrations, private-attorney-general actions, collective actions, and any other form of representative proceeding are waived to the maximum extent permitted by law. If a court of competent jurisdiction determines that this class waiver is unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) is severed from arbitration and must be brought in the courts identified in Section 17.9, and the remainder of this Section 17 will continue in effect. If twenty-five (25) or more individual arbitration demands of a substantially similar nature are filed against Av8Book within a thirty (30) day period and represented in whole or in part by the same counsel or coordinated counsel, the parties agree the arbitrations will proceed in batches of no more than fifty (50) at a time, with bellwether claimants and respondents selected by mutual agreement (or, failing agreement, by the AAA); claims outside the active batch are tolled but not advanced. The purpose of this provision is to manage cost and orderly resolution, not to suppress any individual's right to arbitrate.

17.9 Court forum. Any dispute that is not subject to arbitration (because it falls within Section 17.5, because You have timely opted out under Section 17.7, or because a court determines arbitration is unavailable) will be brought exclusively in the state or federal courts located in Wilmington, Delaware, and each party consents to the personal jurisdiction and venue of those courts.

18. Force Majeure

Neither party will be liable for delay or failure to perform (other than payment obligations) caused by any event beyond its reasonable control, including without limitation: acts of God; war, terrorism, riot, or insurrection; embargoes or acts of civil or military authority; fire, flood, earthquake, or severe weather; accidents or strikes; ransomware or other malicious-code events; denial-of-service or other cyberattacks; outages of the public internet, internet service providers, DNS providers, or content-delivery networks; supply-chain disruption; third-party platform, cloud, or payment-processor outages; or pandemic, epidemic, or public-health emergency. The affected party will use commercially reasonable efforts to resume performance as soon as practicable.

19. Modifications

We may revise these Terms at any time by posting an updated version. Material changes will be communicated via the Service or by email. Continued use of the Service after changes take effect constitutes acceptance.

20. Severability and Entire Agreement

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable. These Terms, together with the Privacy Policy, the Data Processing Agreement (where applicable), and any signed enterprise order, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous understandings.

21. Contact

Questions about these Terms: Support@av8book.com. Notices required to be in writing under Section 17 (Dispute Resolution), including arbitration opt-out notices and informal-resolution notices, must be sent to legal@av8book.com. DMCA notices under Section 16 must be sent to dmca@av8book.com or to the physical address of the Designated Agent listed there.