Terms of Service · AviWare

Draft template, not legal advice; have a lawyer review before use. This document is a starting-point draft for AviWare. Bracketed items (for example [Company LLC], [State], [Address], [Email], [Effective Date]) are placeholders that must be completed or confirmed. Federal, state, and aviation-specific requirements change and depend on your facts, so a licensed attorney should review this before it is published or relied on.

Effective Date: [Effective Date] | Last Updated: [Last Updated Date]

These Terms of Service ("Terms") are a binding agreement between [Company LLC], a [State] limited liability company doing business as AviWare ("AviWare," "we," "us," or "our"), and the flight school, flying club, or other organization that signs up for AviWare (the "Customer," "School," "you," or "your"). They govern your access to and use of the AviWare website at aviware.com, the AviWare web application, and related services (together, the "Service").

By creating an account, clicking to accept, signing an order form, or using the Service, you agree to these Terms. If you accept on behalf of an organization, you confirm that you have authority to bind that organization. If you do not agree, do not use the Service.

1. Summary in Plain English

This summary is for convenience only; the full Terms control.

AviWare is business software sold to flight schools and flying clubs, not to individual consumers.
Your school owns its data. We process student and staff data on your behalf and under your instructions.
AviWare is a recordkeeping and scheduling tool. It does not replace the judgment of the pilot in command, instructors, mechanics, or the FAA. Your school remains fully responsible for regulatory compliance and the accuracy of its records.
AviWare is not affiliated with, endorsed by, or acting on behalf of the Federal Aviation Administration (FAA) or the Transportation Security Administration (TSA).
The Service is currently in beta, offered without uptime guarantees or a service level agreement (SLA).
Subscriptions are billed monthly and you can cancel at any time. You can export your data before your account closes.
Our liability is limited, as described in Section 20.

2. Definitions

"Authorized User" means any person the Customer permits to access the Service under its account, including owners, front office staff, chief instructors, certificated flight instructors (CFIs), and students.
"Customer Data" means all data, records, files, and content that the Customer or its Authorized Users submit to or create in the Service, including student training records, flight logs, endorsements, instructor and aircraft records, uploaded documents, and billing records between the Customer and its students.
"Personal Information" means information within Customer Data that identifies or is reasonably linkable to an individual.
"Subscription" means the plan the Customer selects (for example Starter, Pro, or Academy) together with any add-ons.
"Documentation" means the help articles, guides, and in-app instructions we make available for the Service.

3. Eligibility and Business Use Only

The Service is offered only to businesses and organizations that provide flight training or aircraft access, including schools operating under 14 CFR Part 141, flight training providers operating under 14 CFR Part 61, and flying clubs. It is not offered to individual consumers for personal use. The Customer must be legally able to enter into contracts in its jurisdiction.

Individual Authorized Users (such as CFIs and students) access the Service only through a Customer account and at the Customer's direction. An Authorized User's access depends on the Customer's Subscription and can be changed or removed by the Customer at any time.

4. The Service

AviWare provides cloud-based software that helps flight schools manage operations, which may include: student training records and syllabus progress; flight and ground logs; endorsements; instructor currency, certificate, and medical expiration tracking; aircraft records, including maintenance tracking; scheduling; document upload and storage; billing and payment collection; reports; and the preparation of document packages that a School may choose to send to the FAA or other parties.

We may add, change, or remove features over time. If we remove a feature that is material to a paid plan, we will try to give you reasonable advance notice.

5. Accounts, Roles, and Access

5.1 Account Owner

Each Customer account has at least one owner or administrator ("Account Owner") who controls the account, invites and removes Authorized Users, assigns roles, and accepts these Terms for the Customer.

5.2 Roles

The Service supports role-based access, which may include:

Owner / Administrator: full control of the account, billing, settings, and data.
Front Office: scheduling, student and customer management, billing, and document handling, as permitted by the Owner.
Chief Instructor: oversight of training records, syllabus progress, stage checks, and instructor records.
CFI: entry of training records, flight logs, and endorsements for assigned students, and management of the CFI's own currency information.
Student: view-only access to the student's own records, with the ability to flag suspected errors for review by the School. Students cannot directly edit official training records.

The Customer is responsible for assigning appropriate roles and permissions. Role names and capabilities may change as the product develops.

5.3 Account Security

The Customer is responsible for all activity under its account and for making sure Authorized Users keep their login credentials confidential, use strong passwords, and use multi-factor authentication where available. Notify us promptly at [Email] if you suspect unauthorized access.

5.4 Students Who Are Minors

Flight training students may be as young as 16. If the Customer enrolls students under 18 (or under the age of majority in their state), the Customer is responsible for obtaining any parent or guardian consent required by law or by the Customer's own policies before giving those students access or entering their information. The Service is not directed to children under 13, and Customers must not create accounts for or upload Personal Information of children under 13.

6. Subscriptions, Fees, and Billing

6.1 Plans

Our current plans are listed below. Prices are in U.S. dollars and do not include taxes.

Starter: $299 per month.
Pro: $499 per month.
Academy: custom pricing set out in a written quote or order form.
Aircraft add-on: $10 per aircraft per month, in addition to the plan fee, for each aircraft active in the Service.

Plan features, limits, and the definition of an "active" aircraft are described on our pricing page or order form. If an order form conflicts with these Terms, the order form controls for that order.

6.2 Billing and Renewal

Subscriptions are billed monthly in advance and automatically renew each month until cancelled. You authorize us (and our payment processor) to charge your payment method on file for all fees. Aircraft add-on fees may be calculated based on the number of active aircraft during the billing period and may be prorated or billed in arrears, as described on your invoice.

6.3 Price Changes

We may change prices by giving at least 30 days' notice by email or in the Service. Changes take effect at the start of your next billing period after the notice period ends. If you do not agree, you may cancel before the change takes effect.

6.4 Taxes

Fees do not include sales, use, value-added, or similar taxes. You are responsible for all such taxes except taxes on our net income.

6.5 Late or Failed Payments

If a payment fails, we may retry the charge and notify you. If fees remain unpaid for more than [15] days after notice, we may suspend access to the Service until payment is made. We will not delete Customer Data solely because of a payment failure without first giving notice and an opportunity to export, as described in Section 17.

6.6 Refunds

Except where required by law or expressly stated in an order form, fees are non-refundable, and we do not provide refunds or credits for partial months or unused features. Cancellation stops future charges.

6.7 Free Trials and Beta Pricing

We may offer free trials or discounted beta pricing. At the end of a trial, your Subscription will convert to the paid plan you selected unless you cancel before the trial ends. We will tell you the trial end date when you sign up.

7. Payments Through Stripe Connect

7.1 How Payments Work

The Service lets Schools collect payments from their students and customers (for example, for flight time, instruction, and fees) using Stripe Connect, provided by Stripe, Inc. and its affiliates ("Stripe"). To use this feature, the School must create or link a Stripe connected account and agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the "Stripe Terms"). The Stripe Terms are an agreement between the School and Stripe. AviWare is not a party to them.

7.2 AviWare's Application Fee

When a School processes a payment through the Service, AviWare charges an application fee, which is deducted from the transaction through Stripe. The current application fee is [X% and/or $X per transaction] and will be shown in the Service or your order form. Stripe's own processing fees are separate and are set by Stripe. We may change the application fee with at least 30 days' notice.

7.3 AviWare's Role

AviWare is a software provider. AviWare is not a bank, money transmitter, or payment processor, and does not hold School or student funds. The School is the merchant of record for transactions with its students and customers and is solely responsible for its prices, refunds, receipts, disputes, chargebacks, taxes, and compliance with consumer protection and payment card rules. AviWare is not responsible for Stripe's services, payouts, holds, or account decisions.

7.4 Information Sharing with Stripe

You authorize AviWare and Stripe to share information about you and your transactions with each other as needed to provide payment services, verify identity, prevent fraud, and comply with law.

8. Customer Data

8.1 Ownership

As between AviWare and the Customer, the Customer owns all Customer Data. We do not claim ownership of your student records, logs, documents, or other content.

8.2 License to Us

The Customer grants AviWare a limited, non-exclusive, worldwide license to host, store, copy, transmit, display, and process Customer Data only as needed to provide, secure, maintain, support, and improve the Service, to comply with law, and as otherwise instructed by the Customer.

8.3 Our Role as Processor

For Personal Information about the School's students, instructors, and staff contained in Customer Data, the School is the controller (sometimes called the "business") and AviWare is the processor (sometimes called the "service provider"). This means we process that information only on the School's behalf and according to its documented instructions, which include these Terms, the Service's configuration, and the School's actions in the Service. Our handling of Personal Information is described in our Privacy Policy and, where required, a Data Processing Addendum ("DPA") available on request at [Email]. If there is a conflict, the DPA controls for data protection matters.

8.4 What We Will Not Do

We will not sell Customer Data or Personal Information, and we will not share it for cross-context behavioral advertising.
We will not use Customer Data for any purpose other than providing and improving the Service, security, and legal compliance.
We will not combine Customer Data with data from other sources except as needed to provide the Service or as permitted by law.

8.5 Aggregated and De-identified Data

We may create aggregated or de-identified data from use of the Service (for example, total flight hours logged across the platform, or feature usage statistics) to operate, analyze, and improve the Service. We will only do so in a way that does not identify the Customer or any individual, and we will not attempt to re-identify such data.

8.6 Customer Responsibilities for Data

The Customer is responsible for: the accuracy, quality, and legality of Customer Data; having all notices, consents, and rights needed for us to process it (including for students who are minors and for sensitive documents such as IDs, medical certificates, and citizenship proof); responding to requests from its students and staff about their data; and keeping any copies of records it is legally required to keep.

9. Regulatory Compliance and Record Accuracy

9.1 The School Is Responsible

The Customer remains solely responsible for complying with all laws and regulations that apply to its operations, including without limitation:

14 CFR Part 141 (including the training record requirements of 14 CFR 141.101) and its approved training course outlines;
14 CFR Part 61 (including logbook and endorsement requirements and CFI recordkeeping requirements, such as 14 CFR 61.189);
14 CFR Part 91 (including aircraft maintenance record requirements, such as 14 CFR 91.417, and airworthiness requirements);
TSA flight training security requirements under 49 CFR Part 1552, including citizenship verification and recordkeeping;
any FAA letters of authorization, operations specifications, or Advisory Circular guidance the Customer relies on; and
privacy, consumer protection, employment, and tax laws.

9.2 Accuracy of Records

The Service stores and displays the information that the Customer and its Authorized Users enter. AviWare does not verify the accuracy, completeness, or regulatory sufficiency of any training record, flight log, endorsement, instructor currency date, medical date, aircraft or maintenance record, or uploaded document. Automated features, such as currency alerts, expiration reminders, syllabus progress, hour totals, and inspection due dates, are aids only. They may be wrong if the underlying data is wrong or if a rule is interpreted or configured differently from the Customer's requirements.

9.3 Electronic Records

If the Customer uses the Service as an electronic recordkeeping system, the Customer is responsible for determining whether that use, including any electronic signatures, is acceptable to the FAA and other regulators for its operation, and for maintaining any original, paper, or backup records that are required. We recommend that the Customer regularly export and keep its own copies of required records.

10. FAA Document Packages; No Government Affiliation

The Service may help a School assemble document packages (for example, training records or student summaries) that the School may choose to send to the FAA, a designated pilot examiner, or another third party. AviWare provides these packages as a formatting convenience only. The School decides whether, when, and to whom to send any package, and is responsible for reviewing it for accuracy and completeness before sending.

AviWare is not affiliated with, endorsed by, approved by, or acting on behalf of the FAA, the TSA, the U.S. Department of Transportation, or any other government agency. Use of the Service does not mean that any record, course, or process has been accepted or approved by the FAA. References to regulations are for convenience and are not legal or regulatory advice.

11. Aviation Safety Disclaimer

Please read this section carefully.

The Service does not replace pilot, instructor, or mechanic judgment. The pilot in command is directly responsible for, and is the final authority on, the operation of the aircraft (14 CFR 91.3). CFIs remain responsible for their own instructional decisions, endorsements, and determinations of student readiness.
The Service does not determine airworthiness. Maintenance tracking, inspection reminders, squawk lists, and aircraft status indicators are informational aids. Determinations of airworthiness and of whether an aircraft is in a condition for safe flight must be made by the pilot in command and appropriately certificated maintenance personnel based on the aircraft's actual condition and official records.
The Service is not a flight planning, weather, NOTAM, or navigation tool, and must not be relied on for preflight action required by 14 CFR 91.103.
Scheduling and dispatch features do not authorize a flight. A flight being scheduled or dispatched in the Service does not mean the pilot, aircraft, or conditions are legal or safe for that flight.
Currency, medical, and endorsement reminders may be incomplete or incorrect. Each pilot and instructor must independently confirm their own eligibility to act as pilot in command or instructor.

12. Acceptable Use

The Customer and its Authorized Users must not:

use the Service in violation of any law or regulation, or to falsify, backdate, or alter training, flight, maintenance, or endorsement records in a misleading way;
upload content that is unlawful, infringing, or that the Customer does not have the right to upload;
upload Personal Information of children under 13, or sensitive information beyond what is reasonably needed for flight school operations;
attempt to access accounts, data, or systems they are not authorized to access, or to bypass role-based permissions;
probe, scan, or test the vulnerability of the Service, except under a written security testing agreement with us or our responsible disclosure policy;
introduce malware, or interfere with or disrupt the Service or its infrastructure;
reverse engineer, decompile, or attempt to extract source code, except where applicable law expressly permits it;
use bots, scrapers, or automated means to access the Service other than our published APIs, or exceed reasonable usage limits;
resell, sublicense, or provide the Service to third parties outside the Customer's own organization, or use it to build a competing product; or
use the Service to send spam or unsolicited messages.

We may investigate suspected violations and may remove content or suspend access as described in Section 17.

13. Security

We use reasonable administrative, technical, and physical safeguards designed to protect Customer Data, appropriate to the nature of the data and the size of our business. These include encryption of data in transit, encryption at rest provided by our hosting providers, role-based access controls, access logging, and limiting employee and contractor access to what is needed. More detail is in our Privacy Policy.

No system is perfectly secure. If we become aware of a breach of security that leads to unauthorized access to Customer Data, we will notify the Customer without undue delay and provide information reasonably available to help the Customer meet its own notification obligations.

14. Subprocessors and Third-Party Services

We use third-party service providers ("subprocessors") to host and operate the Service, including Vercel (application hosting), Supabase (database, authentication, and file storage), and Stripe (payments). Our current list of subprocessors is in our Privacy Policy and may be updated from time to time. We will give notice of new subprocessors that process Customer Data by updating the list [and by emailing the Account Owner at least [15] days before the change], and the Customer may object on reasonable data protection grounds.

The Service may link to or integrate with third-party products that the Customer chooses to use. Those products are governed by their own terms, and AviWare is not responsible for them.

15. Intellectual Property

AviWare and its licensors own all rights in the Service, including software, design, Documentation, and trademarks. Subject to these Terms and payment of fees, we grant the Customer a limited, non-exclusive, non-transferable right during the Subscription term to access and use the Service for its internal business purposes, and to allow its Authorized Users to do so. All rights not expressly granted are reserved.

If you send us suggestions or feedback, we may use them without restriction or obligation to you.

16. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Customer Data is the Customer's Confidential Information. The receiving party will use Confidential Information only to perform under these Terms, protect it with reasonable care, and share it only with people and service providers who need to know it and are bound by similar obligations. These obligations do not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or lawfully received from a third party. A party may disclose Confidential Information if required by law, after giving the other party reasonable notice where legally allowed.

17. Term, Suspension, Termination, and Data Export

17.1 Term

These Terms apply from the date you first accept them until your Subscription ends and all data return and deletion steps in this Section are complete.

17.2 Cancellation by the Customer

The Customer may cancel at any time from the account settings or by emailing [Email]. Cancellation takes effect at the end of the current billing period, and the Customer keeps access until then.

17.3 Suspension

We may suspend access, in whole or in part, if: (a) fees are overdue as described in Section 6.5; (b) we reasonably believe there is a security threat or unauthorized access; (c) use of the Service violates Section 12 or the law; or (d) suspension is required by law or by a provider such as Stripe. When practical, we will give notice and an opportunity to fix the issue, and we will limit the suspension to what is reasonably necessary.

17.4 Termination

Either party may terminate these Terms if the other party materially breaches them and does not cure the breach within 30 days after written notice. We may also end the Service for all customers, or end a beta program, with at least [60] days' notice. If we end the Service for reasons other than your breach, we will refund any prepaid fees for the period after termination.

17.5 Data Export

During the Subscription and for [30] days after it ends (the "Export Window"), the Customer may export its Customer Data using the export tools in the Service, which are intended to provide training records, logs, and other structured data in common formats (such as CSV or PDF) and uploaded documents in their original formats. During the Export Window, the account may be read-only. If the Customer needs help with an export, it may contact [Email].

17.6 Deletion

After the Export Window, we will delete or de-identify Customer Data from our active systems within [60] days, unless the law requires us to keep it longer. Copies in backups will be overwritten in the normal backup cycle, which is currently about [30] days, and remain protected by these Terms until deleted. We may keep limited account and billing records (such as invoices and records of the Customer's acceptance of these Terms) as required for tax, accounting, and legal purposes.

Important: Federal aviation regulations may require the School to keep certain records for set periods (for example, Part 141 training records, CFI records, and aircraft maintenance records). The School is responsible for exporting and keeping those records before its Export Window ends. AviWare is not responsible for keeping records on the School's behalf after the Export Window.

17.7 Effect of Termination

When these Terms end, the Customer's right to use the Service stops, unpaid fees become due, and Sections 7.3, 8, 9, 10, 11, 15, 16, 17.6, and 19 through 23 survive.

18. Beta Service; No SLA; Support

The Service is currently offered as a beta. That means it is still under active development, may contain bugs or errors, may change significantly, and may be unavailable from time to time, including for planned or unplanned maintenance. We do not offer a service level agreement, uptime commitment, or service credits during the beta. We will make reasonable efforts to keep the Service available and to back up Customer Data, but you should keep your own copies of important records and have a backup plan for operations if the Service is unavailable.

We provide support by email at [Email] during reasonable business hours, without guaranteed response times unless stated in an order form.

19. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." AVIWARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY CALCULATION, REMINDER, OR ALERT WILL BE ACCURATE OR TIMELY; OR THAT USE OF THE SERVICE WILL SATISFY ANY FAA, TSA, OR OTHER REGULATORY REQUIREMENT.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

No indirect damages. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.
Cap. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS THE CUSTOMER PAID TO AVIWARE FOR THE SERVICE (EXCLUDING STRIPE PROCESSING FEES) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Aviation operations. AVIWARE IS NOT LIABLE FOR ANY CLAIM, LOSS, INJURY, DEATH, PROPERTY DAMAGE, ENFORCEMENT ACTION, FINE, OR CERTIFICATE ACTION ARISING FROM FLIGHT OPERATIONS, TRAINING DECISIONS, AIRWORTHINESS OR MAINTENANCE DETERMINATIONS, OR THE CONTENT OR ACCURACY OF RECORDS ENTERED BY THE CUSTOMER OR ITS AUTHORIZED USERS.
Exceptions. The cap and exclusions above do not apply to the Customer's payment obligations, a party's indemnification obligations, a party's gross negligence, fraud, or willful misconduct, or liability that cannot be limited under applicable law. [Attorney to consider: a separate, higher cap for data breach claims.]

These limits are an essential part of the bargain between the parties and reflect the fees charged.

21. Indemnification

21.1 By the Customer

The Customer will defend, indemnify, and hold harmless AviWare and its members, managers, employees, and contractors from any third-party claim, and related losses and reasonable costs (including attorneys' fees), arising out of: (a) Customer Data, including its accuracy and the Customer's right to collect and share it; (b) the Customer's flight training, aircraft, maintenance, or business operations; (c) the Customer's violation of law or regulation, including FAA and TSA requirements; (d) payment transactions between the Customer and its students or customers; or (e) the Customer's or its Authorized Users' breach of Section 12.

21.2 By AviWare

AviWare will defend the Customer against any third-party claim alleging that the Service, as provided by us, infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret, and will pay damages finally awarded or agreed in settlement. This does not apply to claims caused by Customer Data, third-party products, or changes or combinations not made by us. If such a claim occurs, we may modify the Service, get a license, or end the Subscription and refund prepaid fees for the remaining period.

21.3 Process

The party seeking protection must give prompt notice, allow the other party to control the defense and settlement (except that no settlement may impose obligations on the protected party without its consent), and provide reasonable cooperation.

22. Governing Law and Dispute Resolution

22.1 Governing Law

These Terms are governed by the laws of the State of [State], without regard to its conflict-of-laws rules, and by applicable U.S. federal law.

22.2 Informal Resolution

Before filing a claim, each party agrees to try to resolve the dispute informally by sending a written notice describing the issue to the other party (to us at [Email] and [Address]) and negotiating in good faith for at least 30 days.

22.3 Venue

[OPTION A – COURTS:] If a dispute is not resolved informally, it will be decided exclusively in the state or federal courts located in [County], [State], and each party consents to personal jurisdiction there.

[OPTION B – ARBITRATION (OPTIONAL; ATTORNEY TO CONFIRM):] If a dispute is not resolved informally, it will be resolved by final and binding arbitration administered by [the American Arbitration Association under its Commercial Arbitration Rules / JAMS under its Comprehensive Arbitration Rules] before a single arbitrator in [City, State]. Judgment on the award may be entered in any court with jurisdiction. Either party may seek temporary injunctive relief in court to protect its intellectual property or Confidential Information. To the extent permitted by law, claims must be brought individually and not as part of a class or representative action. [Include opt-out window and fee allocation terms if desired.]

23. General Terms

Changes to these Terms. We may update these Terms from time to time. For material changes, we will give at least 30 days' notice by email or in the Service before the changes take effect. Continued use after the effective date means you accept the updated Terms. If you do not agree, you may cancel before the changes take effect.
Notices. We may send notices to the Account Owner's email address or through the Service. You may send notices to [Company LLC], [Address], with a copy to [Email].
Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all of its assets or business, with notice.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, internet or hosting provider outages, labor disputes, or government action, except for payment obligations.
Publicity. We may list the Customer's name and logo as a customer on our website, unless the Customer opts out by emailing [Email].
Export and sanctions. Each party will comply with U.S. export control and sanctions laws in connection with the Service.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
No third-party beneficiaries. These Terms are for the benefit of the parties only. Students and other Authorized Users are not third-party beneficiaries.
Severability and waiver. If any provision is found unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
Entire agreement. These Terms, any order form, the Privacy Policy, and any DPA are the entire agreement between the parties about the Service and replace any prior agreements on that subject.

24. Contact Us

[Company LLC] (AviWare)

[Address]

Email: [Email]

Website: aviware.com