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Terms of Use

Terms of Use, Data Agreement and Disclaimer — Rev. 09

Effective Date: 09/01/2026

These Terms of Use, Data Agreement and Disclaimer (“Agreement”) govern access to and use of software, hosted services, manuals, user guides, instructions, training materials, templates, sample forms, reports, support information, communications, and other documents or materials provided by myFLIGHTDATA, LLC in connection with myFLIGHTDATA.com, Part135SMS.com/eSMS, Part135CASS.com/eCASS, and related services (collectively, the “Services and Materials”). This Agreement applies to each customer organization (“Customer”) and each individual authorized user (“User”), as applicable.

IMPORTANT: Access to the Services requires affirmative electronic acceptance of the then-current Agreement and applicable Privacy Policy. A myFLIGHTDATA employee or administrator shall not accept these terms on behalf of a Customer or User.

1. Customer and User Responsibilities

  • Accuracy of Data. Customer and Users are responsible for reviewing and confirming the accuracy, completeness, and appropriateness of information entered into, imported into, or generated through the Services.
  • Regulatory Responsibility. The Services are tools intended to assist aviation operators and personnel. They do not replace the Customer’s responsibility to determine and maintain compliance with applicable FAA, DOT, TSA, ICAO, EASA, CAA, IS-BAO, CAMTS, contractual, or other requirements applicable to its operations.
  • Records and Retention. Customer is responsible for determining which records must be retained, the required retention period, and whether records should be separately downloaded, printed, exported, or archived.
  • Authorized Use. Customer is responsible for assigning appropriate Users, roles, and permissions. Users shall access only information and functions they are authorized by the Customer to use.
  • Account Security. Users are responsible for safeguarding usernames, passwords, authentication methods, and account access and shall promptly report suspected unauthorized access.
  • Independent Review. Customer and Users remain responsible for independently evaluating the accuracy, suitability, completeness, and applicability of the Services and Materials to their operations. When appropriate, Customer should obtain advice from its own qualified legal, regulatory, maintenance, safety, technical, accounting, or other professional advisors. Information or assistance provided by myFLIGHTDATA personnel does not constitute legal advice and does not relieve Customer of its independent responsibilities.
  • Duty to Review and Report Errors. Customer and Users shall promptly review information, reports, calculations, alerts, records, documents, instructions, and other Materials they intend to rely upon. Known or suspected errors, omissions, malfunctions, discrepancies, or misleading information shall be reported to myFLIGHTDATA in writing as soon as reasonably practicable.
  • Opportunity to Correct. Customer shall provide myFLIGHTDATA a reasonable opportunity to investigate and, where appropriate, correct a reported issue before continuing to rely on affected information when continued reliance could reasonably increase loss or damage. To the maximum extent permitted by law, myFLIGHTDATA is not responsible for loss or damage that could reasonably have been avoided or reduced through timely written notice or a reasonable opportunity to investigate and address the issue.

2. License to Use

  • myFLIGHTDATA grants Customer and its authorized Users a limited, non-exclusive, non-transferable, revocable right to access and use the Services for their intended business and operational purposes during the applicable subscription or authorized access period.
  • Customer and Users may configure accounts, enter and maintain data, generate reports, and download or print information for authorized business, operational, regulatory, or recordkeeping purposes.
  • Customer and Users may not copy, resell, sublicense, distribute, reverse engineer, decompile, attempt to obtain source code, circumvent security or access controls, introduce malicious code, or use the Services for unlawful or unauthorized purposes.

3. Customer Data Ownership and Permission to Process

  • Customer retains ownership of records, documents, reports, company information, operational information, safety information, maintenance information, audit information, and other data submitted to or maintained in the Services by or for Customer (“Customer Data”). myFLIGHTDATA does not acquire ownership of Customer Data merely by providing the Services.
  • Customer authorizes myFLIGHTDATA and its service providers to host, store, process, transmit, back up, reproduce, and display Customer Data only as reasonably necessary to provide, secure, maintain, support, improve, or troubleshoot the Services, or as otherwise authorized by Customer or required by law.
  • Customer represents that it has the authority to provide Customer Data to the Services and to authorize its processing as described in this Agreement and the applicable Privacy Policy.

4. Privacy, Confidentiality, and Access to Customer Data

  • myFLIGHTDATA will use reasonable administrative, technical, and operational measures appropriate to the Services to protect Customer Data against unauthorized access, use, or disclosure.
  • myFLIGHTDATA will not intentionally disclose Customer Data to an unauthorized third party except as authorized by Customer, necessary to provide or support the Services, or required by applicable law, legal process, or governmental order.
  • Where the Services provide Customer-controlled access for auditors, regulators, consultants, vendors, or other third parties, Customer is responsible for granting, limiting, reviewing, and revoking that access.
  • Treatment of personal information and other privacy matters is further described in the myFLIGHTDATA Privacy Policy.

5. Aviation, Safety, Maintenance, and Compliance Information

  • Information, alerts, calculations, reports, dashboards, status indicators, forms, templates, manuals, user guides, instructions, training materials, sample procedures, support communications, or other Services and Materials are provided as assistance tools and are not legal advice or independent legal, regulatory, maintenance, operational, airworthiness, or safety determinations by myFLIGHTDATA.
  • Customer remains responsible for required inspections, maintenance decisions, airworthiness determinations, operational control, flight release decisions, safety risk decisions, corrective actions, regulatory submissions, and required approvals or authorizations.
  • Use of eSMS, eCASS, or other compliance-oriented features does not by itself establish or guarantee compliance with 14 CFR Part 5, CASS requirements, IS-BAO, CAMTS, EASA, CAA, ICAO, or any other standard or regulation.
  • Alerts and Reminders. Alerts, notifications, due-date reminders, dashboard status indicators, and similar features are supplemental aids only. Customer shall not rely on them as its sole means of determining regulatory compliance, maintenance status, inspection status, qualification status, record-retention status, MEL status, safety obligations, or other required due dates or limitations.
  • Customer remains responsible for maintaining the records, procedures, independent controls, and oversight appropriate to its operation, including verification of regulatory and operational requirements even if an alert, reminder, report, or system status is missing, delayed, incomplete, or incorrect.

6. Service Availability, Changes, and Data Storage

  • The Services are provided on a hosted basis and may be modified, updated, interrupted, or temporarily unavailable for maintenance, security, upgrades, third-party service interruptions, or other reasons.
  • myFLIGHTDATA does not represent that the Services constitute permanent archival storage. Customer is responsible for performing regular backups or exports at intervals appropriate to its operation and applicable record-retention requirements. Customer should maintain separate copies of records whose loss could affect regulatory compliance, maintenance, safety, operations, business continuity, or other material obligations.
  • Features, interfaces, integrations, and system functions may be added, modified, or discontinued as the Services evolve.

7. Data Access Following Termination

  • Upon termination or discontinuation of a Customer account, myFLIGHTDATA may restrict further use of the Services.
  • Where reasonably practicable and subject to account status, applicable law, security requirements, and technical limitations, Customer will be provided a reasonable opportunity to retrieve or export available Customer Data before routine deletion or removal from active systems.
  • Customer remains responsible for obtaining and preserving records it is required to retain.

8. Disclaimer of Warranties

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” myFLIGHTDATA DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, UNINTERRUPTED AVAILABILITY, OR THAT USE OF THE SERVICES WILL SATISFY ANY PARTICULAR REGULATORY OR BUSINESS REQUIREMENT.

9. Limitation of Liability

  • Customer and Users are responsible for decisions and actions taken based upon information maintained in or generated through the Services.
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, myFLIGHTDATA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, BUSINESS INTERRUPTION, LOSS OF USE, AIRCRAFT DOWNTIME, LOST OR CORRUPTED DATA, MISSED OR INCORRECT ALERTS OR DUE DATES, REGULATORY ACTIONS OR PENALTIES, OPERATIONAL DELAYS, COSTS OF SUBSTITUTE SERVICES, OR THIRD-PARTY CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR MATERIALS, INCLUDING RELIANCE ON INFORMATION, REPORTS, INSTRUCTIONS, MANUALS, USER GUIDES, SUPPORT COMMUNICATIONS, ALERTS, OR OTHER MATERIALS.
  • Customer acknowledges that support, training, explanations, recommendations, or other assistance provided by myFLIGHTDATA personnel may involve judgment and may contain errors or omissions. Customer remains responsible for independently verifying material operational, regulatory, maintenance, safety, and legal decisions before acting upon such assistance.
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, myFLIGHTDATA’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID TO myFLIGHTDATA FOR THE APPLICABLE SERVICES DURING THE 30 DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  • Because enforceability of warranty disclaimers and liability limitations can depend on the facts and applicable law, this section should receive final review by qualified Florida counsel before publication.

10. Intellectual Property

  • Except for Customer Data, all right, title, and interest in and to the Services, software, system design, interfaces, content created by myFLIGHTDATA, trademarks, service marks, logos, documentation, and related intellectual property remain the property of myFLIGHTDATA, LLC or its licensors.
  • No rights are granted except the limited right to use the Services expressly provided in this Agreement.

11. Indemnification

  • To the extent permitted by law, Customer agrees to indemnify and hold harmless myFLIGHTDATA, LLC and its officers, employees, contractors, and affiliates from third-party claims arising from Customer’s unlawful or unauthorized use of the Services, Customer Data supplied by Customer, violation of this Agreement, or infringement of another party’s rights by Customer or its Users.
  • This provision should receive final review by qualified counsel before publication.

12. Support, Fees, and Refunds

  • Fees, subscription terms, implementation services, and support arrangements may be stated in an order, invoice, proposal, subscription page, or other agreement with Customer.
  • Unless otherwise stated in writing, fees paid for activated Services are non-refundable except where required by law.
  • Support is provided in accordance with the support practices then applicable to the Customer’s Services.

13. Electronic Acceptance and Authority

  • Customer activation requires affirmative electronic acceptance by an individual representing that he or she is authorized to accept this Agreement on behalf of Customer. Individual Users may also be required to separately accept this Agreement and the Privacy Policy before accessing the Services.
  • Selecting an unchecked acceptance box and then selecting “Accept & Activate,” “Accept & Continue,” or similar affirmative acceptance control constitutes an electronic acceptance of the displayed Agreement and Privacy Policy.
  • myFLIGHTDATA may retain an electronic record of acceptance, including the accepting account, Customer, date and time, Agreement version, Privacy Policy version, and other reasonable audit information associated with the acceptance.
  • No myFLIGHTDATA employee, contractor, or administrator is authorized to select the acceptance control on behalf of a Customer or individual User.

14. Changes to Terms

  • myFLIGHTDATA may revise this Agreement from time to time. The current version will identify its revision or effective date and will be made available through the Services or myFLIGHTDATA website.
  • For material revisions, myFLIGHTDATA may provide notice by email and/or conspicuous in-application notice and may require affirmative acceptance of the revised Agreement before continued access to the Services.
  • Non-material administrative or clarifying revisions may become effective upon posting or on the effective date stated in the revised Agreement, to the extent permitted by law.

15. Termination and Suspension

  • myFLIGHTDATA may suspend or terminate access for material violation of this Agreement, security concerns, unlawful use, nonpayment where applicable, or where continued provision of the Services is prohibited by law.
  • Customer may terminate Services in accordance with its applicable subscription, order, or written agreement. Termination does not eliminate obligations that by their nature survive termination, including intellectual-property protections, payment obligations, disclaimers, limitations of liability, and provisions relating to Customer Data.

16. Export and Government Use

  • The Services are subject to applicable U.S. export-control laws and regulations. Customer and Users shall not use or provide access to the Services in violation of applicable export restrictions.
  • Any government use of the Services is subject to applicable law and any written terms governing that use.

17. Governing Law and Venue

  • This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles. Unless another written agreement validly provides otherwise, disputes arising from this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida.
  • This section should be reviewed by qualified counsel if myFLIGHTDATA later adds arbitration, class-action waiver, international consumer terms, or country-specific provisions.

18. Entire Agreement and Order of Precedence

  • This Agreement, the applicable Privacy Policy, and any written order, proposal, subscription agreement, or other agreement expressly incorporated by reference constitute the applicable agreement concerning use of the Services. If a separately signed agreement expressly conflicts with these Terms, the separately signed agreement controls to the extent of that conflict.

19. Contact Information

myFLIGHTDATA, LLC
5431 Shirley Drive
Jupiter, FL 33458
Phone: 561-373-5962
Website: www.myFLIGHTDATA.com