The products and services offered by Pilotbase are made available to you from Pilotbase on the express condition that you accept, without modification, and abide by each term and condition of this EULA. Your access and use of Pilotbase’s products and services is conditioned upon your continued compliance with each term and condition of this EULA. By clicking “I agree to the End-User License Agreement”, you accept and agree to be bound by the terms and conditions set forth in this EULA, you agree to conduct each transaction by electronic means, and Pilotbase and you hereby state that electronic signatures shall have the same force and effect as an original signature with respect to this EULA and all written agreements entered into between you and Pilotbase. If you do not agree with these terms and conditions, you must decline, and you may not access and use the products and services offered by Pilotbase.
2.1Access to the Platform or the Service by you will require an Account to be first established and activated. You may sign up for an Account by completing the online forms and steps required by Pilotbase, including reading and agreeing to abide by the terms of this EULA, the Privacy Policy and any additional terms set forth on the account set up page(s). Pilotbase reserves the right to decline to activate an Account for any person for any reason. If your Account is activated, you will be permitted to log in, view, load, post, and use the features of the Platform, the Software and the Service for which you have been authorized.
2.2You are liable and responsible for all activity occurring under your Account and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical data or Personal Information. You shall: (i) notify Pilotbase immediately of any unauthorized use of any password or Account or any other known or suspected breach of security; (ii) report to Pilotbase immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; and (iii) not impersonate another Pilotbase user or misrepresent affiliation or provide false identity information to gain access to or use the Service. You will not share access credentials for the Platform, or otherwise access and use the Platform beyond the scope of the authorization granted by Pilotbase. You must ensure that you exit from your Account at the end of each session.
2.3In addition, you are solely and exclusively responsible for how you use information provided through the Service. Certain information included in the Service will be provided by parties other than Pilotbase, and Pilotbase has no responsibility for that information and does not verify its accuracy or completeness. Such information does not substitute for your independent verification, knowledge, judgment or decisions, all of which are your sole responsibility, even if information provided by the Service is inaccurate or incomplete.
2.4In consideration of your access and use of the Service, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by Pilotbase’s account set up pages; and (ii) maintain and promptly update such account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service.
2.5You must be 18 years of age, or the age of majority in your state, to set up an account. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian subject to this EULA.
3.1Access and use of the Platform and the Service are made available by Pilotbase to you at no additional charge if you are designated as an authorized User of an Entity User. Pilotbase reserves the right to offer access and use of particular content and features of the Platform or the Service on a free or trial basis, or for a recurring monthly subscription fee, in each instance in its sole discretion, for your personal use. Pilotbase reserves the right to convert any Account associated with an Entity User into an individual subscription, and your continued use of your Account after conversion may require the issuance and execution of an Order Form. Any User activation and payment applicable for your personal use will be subject to the terms and conditions of the applicable Order Form issued by Pilotbase. Pilotbase shall be obligated to perform the Service only for those features listed in the Order Form for which you have paid in full all fees and charges (or which you are otherwise authorized to access and use without charge). Any onboarding, data migration, storage or customization services related to the Platform to be performed by Pilotbase will be performed in accordance with the special terms set forth in the Order Form. If you become a paying customer of the Platform and/or the Service, you agree that Pilotbase can disclose the fact that you are a paying customer.
3.2You shall pay all fees or charges that are applicable to your registered Account, as set forth in an Order Form and in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable, and your continued use of the Service is conditioned upon prompt payment of all applicable fees. Payments must be made in advance. All amounts paid are non-refundable. Pilotbase reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least thirty (30) days prior notice to you, which notice may be provided by e-mail. Your continued use of the Service following notice of such changes shall constitute your acceptance of such changes. All pricing terms are confidential, and you agree not to disclose them to any third party. Receipts will be emailed to your email address specified on the Order Form or otherwise collected via Pilotbase’s order entry process. If you believe your bill is incorrect, you must contact us in writing within thirty (30) days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
3.3If you have arranged for payment by credit card, debit card or ACH, Pilotbase may charge your card or account on or after the invoice due date. In order to make payments online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card or account information, and email. You represent that any payment information provided shall be accurate, complete and correct and that you shall have lawful right to provide such information to Pilotbase for use in processing your payments for the Services. In order to make such payments, you must be 18 years of age or over, and you confirm and instruct Pilotbase or its authorized vendors to store and process or collect any payments when due from such credit or debit card or account. Pilotbase may charge tax in states where such purchases are taxable and your account payment confirmation will include both the purchase price and sales tax based on the bill-to address in the Order Form or, if unavailable, associated with your payment method on file, at the sales tax rates then in effect. You agree that you are responsible for all charges incurred by your use of the Services and you expressly authorize Pilotbase or its authorized vendors to charge the credit card or other payment method provided by you or listed on your Account for any outstanding fees or costs due to Pilotbase for the Services pursuant to an Order Form.
3.4In addition to any other rights granted to Pilotbase under this EULA, Pilotbase reserves the right to suspend your access to the Service or terminate this EULA if your Account becomes delinquent. Delinquent invoices are subject to interest of 1.0% per month on any outstanding balance, or the maximum amount permitted by law, whichever is less, plus all expenses of collection. You shall continue to be charged for the Service for any period of suspension. If you or Pilotbase initiates termination of this EULA, you will be obligated to pay the balance due on your Account. You agree that Pilotbase may charge such unpaid fees to your payment method on file or otherwise bill you for such unpaid fees. If you prepay on a periodic basis other than annually, Pilotbase retains the right to require you to pay on an annual basis if your payment method on file has been declined more than twice during a calendar year. Pilotbase reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Pilotbase has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your Account is thirty (30) days or more delinquent.
3.5Pilotbase may facilitate your payments through a third-party payment processing vendor. All terms related to such payment processing services, including assessment of payment processing rates and fees, will at all times be governed by and in accordance with the relevant Third-Party Terms for such Third-Party Components (as such terms are defined hereinbelow).
The Privacy Policy is part of this EULA, and is incorporated herein by reference, and Pilotbase reserves the right to modify its privacy statement in its reasonable discretion from time to time. Individual users, when they initially log in, will be asked whether or not they wish to receive marketing and other non-critical Service-related communications from Pilotbase from time to time. You may opt out of receiving such communications at that time or at any subsequent time by changing your preference under “My Account”. Since the Platform is a hosted, online application, Pilotbase occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service.
5.1Subject to all terms and conditions of this EULA, Pilotbase grants to you a personal, revocable, non-transferable, non-sublicensable, non-exclusive license to install and use an executable copy of the Software on your mobile devices in a manner not inconsistent with the Documentation for your own internal personal or business purposes. Notwithstanding anything to the contrary in this EULA, in no event shall you be entitled to access, use, have disclosed or otherwise obtain any copies of the source code for the Software, and Pilotbase has not, and will not, be obligated to disclose or provide in escrow, outright or otherwise, any such source code to you or any third party.
5.2Provided that you are not in breach of the Agreement, Pilotbase hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, worldwide license to access and make personal use of the Platform and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pilotbase. This license does not include or permit: (i) any resale or commercial use of the Platform or the Content; (ii) any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or the Content; or (iii) any downloading or copying of account information for the benefit of another person or business; or any use of automated data mining tools such as “spiders,” “robots,” “scrapers” or other automatic device, process or means to access the Service or similar data gathering and extraction tools, or otherwise engage in screen scraping, database scraping or harvesting or any information or data (including email addresses, IP addresses, or other personal information; or (vi) access the Service using means to mask, rotate, spoof, or otherwise obscure the user’s IP address or identity. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pilotbase and our affiliates without our express written consent.
5.3You may not access the Service if you are employed by a direct competitor of Pilotbase or engaged in the design, development or marketing of similar products or services, except with Pilotbase’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance, functionality, or for any other benchmarking, competitive analysis or other competitive purposes or otherwise publish or disclose to any third party any performance data, benchmarks, or results of any testing or evaluation of the Service without Pilotbase’s prior written consent.
5.4Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are made available as a part of the Service are owned, controlled or licensed by Pilotbase. No material from any Pilotbase Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Pilotbase. You shall not or assist any person or entity to (i) rent, lease, publish, transfer, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way, including on or in connection with the internet or any times-sharing, service bureau, software as a service, cloud or other technology or service, or otherwise provide the Service, the Platform or its contents, for the benefit of a third party (except to the extent expressly permitted by Pilotbase or authorized with the Service); (ii) modify or make derivative works based upon the Service or the Content; (iii) “frame” or “mirror” any Content on any other server or wireless or Internet-based device; (iv) reverse engineer, decompile, dissemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform or Service; (v) copy, modify, translate or create derivative works based on the Platform (except to the extent expressly permitted by Pilotbase or authorized with the Service); (vi) use the Service to store or process any data that Pilotbase has expressly identified as prohibited or input any data into the Platform or Service that you are not authorized to share under applicable law or your own obligations to third parties; (iv) remove any of Pilotbase’s proprietary notices or labels; (viii) use any Content obtained from or through the Service, including any outputs, reports, analytics or other materials generated by your access and use of the Service, to train, fine tune, validate or otherwise develop any artificial intelligence model, machine learning model, neural network or similar technology, whether owned by you or any third party, without Pilotbase’s prior written consent, or access or interface with the Service using any artificial intelligence agent, automated tool or similar technology, except as expressly permitted by Pilotbase in writing, or through features made available within the Platform; or (ix) access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, or (d) conduct any activities that are to Pilotbase’s detriment or commercial disadvantage, as determined by Pilotbase in its sole discretion.
5.5The license granted under this EULA is personal to you as an individual User and cannot be shared or used by more than one individual User. If you are an authorized User of an Entity User, your Account may be transferred during the permitted period of use by you to a new User who is replacing you if you have terminated employment or otherwise changed job status or function and you will no longer use the Service for the benefit of an Entity User. Any transfer not in compliance with the foregoing may cause your and the transferee’s use of the Services to be terminated immediately or otherwise at Pilotbase’s sole discretion.
5.6You may use the Service only for the purposes permitted in the Agreement and you shall not or assist any person or entity to: (i) send unsolicited messages (commercial or otherwise) or spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or of any third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (v) attempt to gain unauthorized access to the Service or its related systems or networks; or (vi) transmit any material that may infringe the Intellectual Property Rights or other rights of third parties, including trademarks, copyrights, trade secrets or any rights of publicity and privacy.
5.7You hereby grant Pilotbase and/or its agent the right to audit your use of the Software and Documentation pursuant to this EULA and all books and financial records related to such use. If so requested by Pilotbase, you will conduct a self-audit of your use of the Software and Documentation, provide such audit results to Pilotbase, and certify in writing to Pilotbase your compliance with this EULA. You further authorize Pilotbase to remotely access the device on which the Software is installed and collect usage information to facilitate compliance and to perform services related to the Platform.
5.8You may not combine or distribute the Software or any derivative work thereof with Open Source Software (as defined below) or with software developed using Open Source Software (e.g., tools) in a manner that subjects Pilotbase or its licensors or any portion of the Software provided by Pilotbase or its licensors hereunder or any derivative work thereof to any license obligations of such Open Source Software. "Open Source Software" means any software licensed under terms requiring that other software combined or distributed with such software: (i) be disclosed or distributed in source code form; or (ii) be licensed on terms inconsistent with the terms of this EULA.
5.9No additional or different rights are granted to you, either expressly or by implication. Pilotbase retains all rights not expressly granted to you, and nothing in this EULA constitutes a waiver of Pilotbase’s rights under copyright laws or any other federal or state law or treaty.
You may cancel your Account and your license to the Software and the Services at any time by providing written notice to Pilotbase. This EULA also will terminate automatically upon Pilotbase’s written notice if you fail to comply with any term or condition of this EULA or to pay any amount when due under an Order Form or there is any unauthorized use of your Account, your password, the Pilotbase Technology, or the Service. Pilotbase reserves the right to terminate this EULA if the Order Form between you (or the Entity User if you are an authorized User thereunder) and Pilotbase is expired or terminated for any reason. Pilotbase may terminate this EULA immediately upon notice to you at any time, for any reason or no reason, in its sole and absolute discretion without obligation to refund any prepaid fees. If either party goes into receivership, bankruptcy, or insolvency, or makes an assignment for the benefit of creditors, or ceases business operations, this EULA shall be immediately terminable by the other party by written notice, but without prejudice to any rights of the terminating party hereunder, such termination to be effective as of one (1) day prior to such event. There are no refunds for subscription payments paid in advance upon termination. In the event you are accessing the Service during a “free trial” period, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In addition, Pilotbase may terminate a “free trial” account at any time in its sole discretion. You agree and acknowledge that Pilotbase has no obligation to retain the Customer Data and may delete such Customer Data at any time after termination of this EULA for any reason. In addition, you may be charged a reactivation fee at Pilotbase’s option, in order to reactivate any previously deactivated Account. Immediately upon any termination of this EULA for any reason, the licenses granted under Section 5 of this EULA terminate, and all rights thereunder revert in their entirety to Pilotbase, its successors and assigns. You agree upon termination to immediately return or destroy all copies of the Software and the Documentation in your possession or control. All rights and obligations set forth in this EULA that by their nature intended to survive termination (including without limitation confidentiality obligations and intellectual property) shall survive termination for any reason.
7.1Pilotbase does not own any Customer Data processed in the Service or hosted on the Platform and you are responsible for data migration and backing up all such Customer Data. Subject to the terms in this EULA, Pilotbase’s Privacy Policy, and applicable Privacy and Data Protection Requirements, you shall be solely and exclusively responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and Pilotbase shall provide you with a means to access and download any such Customer Data stored on the Platform; provided that, Pilotbase shall not be responsible or liable for storage of Customer Data or for your failure to download any stored Customer Data. Pilotbase reserves the right to suspend access to the Service, and as a result, any Customer Data, without notice for any breach, including, without limitation, non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Pilotbase shall have no obligation to maintain or forward any Customer Data. OTHER THAN IN COMPLIANCE WITH APPLICABLE LAW AND APPLICABLE PRIVACY AND DATA PROTECTION REQUIREMENTS, AND UNLESS THE PARTIES HAVE EXECUTED A SEPARATE NON-DISCLOSURE AGREEMENT REGARDING SAME, PILOTBASE WILL NOT TREAT AS CONFIDENTIAL ANY NON-PUBLIC PROPRIETARY INFORMATION DISCLOSED BY YOU DURING THE PERFORMANCE OF SERVICES AND YOU DISCLOSE SUCH INFORMATION AT YOUR OWN RISK.
7.2You hereby grant to Pilotbase a non-exclusive, royalty-free and fully paid, sublicensable (through multiple tiers, including to affiliates, subcontractors, and successors), transferable, worldwide license to access, collect, reproduce, distribute, create derivative works of, publicly display, publicly perform, and otherwise use the Customer Data for any purpose related to: (i) providing, maintaining, supporting, and securing the Services; (ii) developing, improving, and enhancing Pilotbase’s products, services, technologies, and offerings; (iii) operating Pilotbase’s business; (iv) exercising Pilotbase’s rights under this EULA; (v) generating analytics, benchmarks, insights, reports, recommendations, or other outputs; (vi) creating Deidentified Customer Data; and (vii) combining Customer Data with data from other sources to create aggregated datasets. The licenses granted in clauses (ii), (iii), (v), (vi), and (vii) shall be perpetual and irrevocable and shall survive any termination or expiration of this EULA. As between you and Pilotbase, you retain ownership of Customer Data in the form originally provided to Pilotbase, and Pilotbase owns all right, title, and interest in and to all analyses, models, model weights, and Deidentified Customer Data generated by or through the Services, free of any claims. Deidentified Customer Data shall not constitute Customer Data, and you agree that Pilotbase may make Deidentified Customer Data available to third parties and use Deidentified Customer Data for any and all purposes during and after the term of this EULA. To the extent you have any Intellectual Property Rights in or to the Deidentified Customer Data, you hereby grant to Pilotbase a non-exclusive, irrevocable, perpetual, sublicensable (through multiple tiers), assignable, worldwide, royalty-free and fully paid license to reproduce, distribute, modify, and otherwise use and display the Deidentified Customer Data for any and all purposes. Further, Pilotbase may collect, store, and use data related to or derived from the operation of the Services or you or your Users’ use of the Services, including metadata, telemetry, technical logs, object definitions, usage patterns, feature interaction data, and performance information (“Usage Data”). Usage Data does not include or constitute Customer Data, and as between you and Pilotbase, Pilotbase owns all right, title, and interest in all Usage Data.
7.3Notwithstanding the generality of the foregoing license, with respect to any Customer Data which is Personal Information, Pilotbase will process Customer Data in accordance with applicable Privacy and Data Protection Requirements and its Privacy Policy. When you initially log into the Account, you will be asked whether or not you wish to receive marketing and other non-critical Service-related communications from Pilotbase from time to time. You may opt out of receiving such communications at that time or at any subsequent time by changing your preference in your Account settings. Note that because the Service is a hosted, online application, Pilotbase occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important non-commercial, non-promotional announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that Pilotbase can disclose the fact that you are a paying customer.
7.4If elected as part of the Service, certain features and functionality of the Platform may require the sharing and disclosure of your Customer Data only for the purpose of delivering Services and not for any purpose other than those specified in this EULA and only to the extent not inconsistent with Privacy and Data Protection Requirements or Pilotbase’s Privacy Policy. By entering into an Order Form for any such features and functionality of the Platform that may require limited disclosure or sharing of your Customer Data, you hereby consent and agree to the sharing and disclosure of your Customer Data by Pilotbase and its service providers in the performance of the Service. You further agree to not use the Service to create, store, or distribute any Customer Data that is unlawful, fraudulent, defamatory, harassing, threatening, or that violates any third-party rights.
7.5If elected as part of the Service, certain features and functionality of the Platform may permit you (or the Entity User associated with your Account, if applicable) to connect, as or through a Third-Party Component, aircraft, avionics, flight-data, logbook aviation or other systems, accounts, devices, or data sources that collect flight operations data. When such a feature is enabled, Pilotbase and its service providers may access, receive, retrieve, and process flight operations data from the applicable Third-Party Component and associate such data with your Customer Data and your Account (including information maintained by the Entity User associated with your Account, if applicable) as reasonably necessary to provide the enabled feature or functionality of the Service. Flight operations data may include precise aircraft geolocation, flight routes, telemetry, aircraft identifiers, timestamps, aircraft performance information, and related operational or training data. Such information may be used and made available to authorized parties to provide flight data monitoring, training, operational reporting, analytics, safety-support, troubleshooting, and related features as further described in the Privacy Policy. An Entity User that enables such Third-Party Component is responsible for providing all notices and obtaining all consents, authorizations, acknowledgments, and other permissions required by applicable law, contract, or policy before Pilotbase receives, associates, monitors, or processes such flight operations data relating to you. You should contact the Entity User associated with your Account, if applicable, with questions concerning whether or why such a Third-Party Component has been enabled, or regarding the Entity User’s monitoring of your flight activity.
8.1Pilotbase (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to THIS SECTION STATES PILOTBASE’S ENTIRE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO SUCH LOSSES. Notwithstanding the foregoing, the Pilotbase Technology, the Content and the Service. You may (but are not obligated to) provide suggestions, comments, recommendations, or other feedback to Pilotbase relating to the Service, the Platform, or any other Pilotbase offerings (collectively, “Feedback”). You hereby grant to Pilotbase a perpetual, irrevocable, non-exclusive, royalty-free and fully paid, sublicensable (through multiple tiers), transferable, worldwide license to use, reproduce, modify, distribute, and create derivative works of Feedback for any purpose. Pilotbase has the right, but not the obligation, to use Feedback in any way without attribution, accounting, compensation, or other obligation to you. You acknowledge that any Feedback is provided voluntarily and without expectation of compensation or confidential treatment. Any modifications, improvements, enhancements, alterations, customizations or derivative works of the Pilotbase Technology, whether authorized or not, made by you or a third party shall be the sole and exclusive property of Pilotbase and you hereby assign all of your right, title and interest therein to Pilotbase. The Pilotbase Technology and the Content are protected by the United States copyright and intellectual property laws, regulations, ordinances and international treaties. You agree to use best efforts and take all reasonable steps to protect the Software and Documentation from unauthorized use, disclosure or distribution. This EULA and any license granted hereunder shall not constitute a sale of the Software and Documentation and you shall not receive title to the Software and Documentation, or any of the media or any copies of the Software and Documentation delivered to or made by you, or any associated Intellectual Property Rights. This EULA does not convey to you any rights of ownership in or related to the Service, the Pilotbase Technology or the Intellectual Property Rights owned by Pilotbase. The Pilotbase name, the Pilotbase logo, and the product names associated with the Service are trademarks of Pilotbase or third parties, and no right or license is granted to use them.
8.2You acknowledge that (i) the Software and certain features of the Platform may contain (or permit access and use of) Third-Party Components or may require your use of Third-Party Components in order for the Platform (or any Service, feature or functionality thereof) to be accessed, used and/or operated, and (ii) Pilotbase has no proprietary interest in such Third-Party Components, and as such, cannot grant you a license to use such Third-Party Components. A listing of such Third-Party Components, and all Third-Party Terms, is made available to you in the “Legal Notices” section within the Platform, or otherwise upon written request. Your use of any Third-Party Components shall remain subject to the applicable Third-Party Terms at all times. By accessing and using such Third-Party Components, you acknowledge and agree to fully comply with the applicable Third-Party Terms, as if set forth in full herein. PILOTBASE AND ITS LICENSORS MAKE NO WARRANTIES OR REPRESENTATION AS TO THIRD-PARTY COMPONENTS (INCLUDING QUIET ENJOYMENT AND NON-INFRINGEMENT) AND FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE OR DISTRIBUTION THEREOF (INCLUDING INFRINGEMENT INDEMNIFICATION). PILOTBASE IS NOT OBLIGATED TO PROVIDE SUPPORT SERVICES FOR ANY THIRD-PARTY COMPONENTS UNLESS EXPRESSLY AGREED TO IN WRITING BY PILOTBASE UNDER A SEPARATE AGREEMENT. YOU FURTHER AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND PILOTBASE, ITS LICENSORS, PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS ANY CLAIMS OR LAWSUITS, INCLUDING ATTORNEYS’ FEES, THAT ARISE OR RESULT FROM YOUR USE OR DISTRIBUTION OF SUCH THIRD-PARTY COMPONENTS OR YOUR BREACH OF ANY THIRD-PARTY TERMS.
8.3From time to time, whether prior to or during the term of this EULA, Pilotbase may disclose or make available to you information about its business, products, product updates or enhancements, business or product plans, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written or electronic form or media, and whether or not marked, designated, or otherwise identified as "confidential" at the time of disclosure (collectively, "Confidential Information"), and which shall expressly include the Pilotbase Technology, the Content, the Platform and the Service. The Confidential Information is vital to the business of Pilotbase and its value depends upon it not being generally known. You will employ all reasonable steps to protect such Confidential Information from unauthorized or inadvertent use, dissemination or disclosure. You agree to hold the Confidential Information in strict confidence and take all necessary steps to ensure that access is not provided to any person or entity other than you and, if applicable, your bona fide employees or agents who reasonably require such access in order for you to use the Service, provided each of the foregoing are legally obligated to protect the Confidential Information from unauthorized use, dissemination and disclosure. You are liable and responsible for any actions of such parties that may result in unauthorized use, dissemination and disclosure of Confidential Information. The foregoing obligations of non-disclosure are effective as of the date such Confidential Information is first disclosed, and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this EULA for as long as such Confidential Information remains subject to trade secret protection under applicable law.
8.4Violations; Specific Performance. In addition to any and all remedies at law or in equity, any violation of Pilotbase’s Intellectual Property Rights shall give Pilotbase the right to immediately suspend or cancel the Service or your Account without further liability and without regard to any term and condition of the Agreement. You hereby agree that, if the terms of this EULA are not specifically enforced, Pilotbase will be irreparably damaged, and therefore You agree that Pilotbase shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any breach(es) of this EULA, in addition to any other remedies available at law or in equity.
9.1Use of the Platform, or certain portions thereof, may involve aspects of artificial intelligence and machine learning (the “AI Products”). The AI Products may allow you to submit text, data, documents, information, voice, files (e.g. Excel, Word, PDF, digital or audio/visual) and/or image inputs (collectively, “Prompts”) and converse with an online computer-powered chatbot. You understand and agree that Pilotbase does not claim ownership of Prompts, or any other content you provide, post, input, or submit to, or receive from, AI Products. The quality, accuracy, and completeness of any Output (defined below) is highly dependent on many factors, including the nature and quality of the Prompts used to generate the Outputs. Pilotbase cannot and does not guarantee the generation of Outputs by any AI Products. You acknowledge and agree that Outputs from the AI Products are created based on patterns, data, and instructions provided to the AI Products, which may result, in the possibility that Outputs may resemble or be identical to Outputs provided to others using the AI Products, and you must make your own determination regarding the Intellectual Property Rights, if any, that you may have in any Output and its commercial usability.
9.2To the maximum extent permitted by law, Pilotbase shall have no liability to you with respect to the Prompts and/or any answer, suggestion, recommendation, communication, action, result or any other output created or action taken by the AI Products (collectively, “Output”), including, without limitation, liability with respect to: (i) any information (including confidential information) contained in or apparent from any Prompt and/or the Output or your reliance thereon; or (ii) any claims or actions (including violation, misappropriation or infringement of Intellectual Property Rights or personal rights) made or alleged by a third party in relation to or in connection with Prompts and/or Output. You warrant, represent and covenant that: (a) you own or have a valid and enforceable license or appropriate basis and all the necessary rights to use, submit or transmit all of the Prompts and use the AI Products; (b) that no Prompt or resulting Output infringes, misappropriates or violates, or will infringe, misappropriate or violate, the rights (including, without limitation, any copyrights or other Intellectual Property Rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction; and (c) you shall not disseminate or distribute the Prompts or Output in breach of any applicable law or any Intellectual Property Rights or other rights of any person or entity (including Pilotbase).
9.3To the extent you choose to use AI Products and submit, upload, or otherwise make available Personal Information or other information in Prompts submitted for processing in such features, you are solely responsible for ensuring that all required notices, permissions, and valid consents have been obtained from applicable individuals in accordance with all applicable data protection and privacy laws and regulations. You represent and warrant that you have the lawful right to provide such Personal Information for processing through the AI Products. You acknowledge and agree that Pilotbase does not control the data submitted by Users and shall have no responsibility or liability for any failure by you to obtain the legally required consents, authorizations, or other lawful bases for processing Personal Information in connection with the use of AI Products. To the fullest extent permitted by law, you agree that you, and not Pilotbase, are solely liable for any claims, damages, penalties, or regulatory actions arising from or related to the submission or processing of Personal Information through AI Products without the required legal permissions or consents.
9.4Notwithstanding anything to the contrary, you hereby grant Pilotbase and its affiliates a worldwide, non-exclusive, royalty-free, paid-up, irrevocable, transferrable, and sublicensable right and license to copy, process, display, transmit, publish, distribute, create derivative works of, modify, adapt, and otherwise use Prompts and Output (in any media, now known or hereafter developed): (i) during the term of this EULA, for the purpose of providing the Service under this EULA (such as providing, administering, and maintaining the AI Products); and (ii) on a perpetual basis for the purpose of (a) generally improving the Service or the AI Products; (b) modifying and enhancing the AI Products and Pilotbase’s products and services, including training, tuning and improving artificial intelligence and machine learning models; (c) developing new products and services (such as developing new features and functionalities); and (d) any lawful commercial purposes or general business operation purposes, provided that the Prompts are anonymized, de-identified or pseudonymized.
9.5Your use of any AI Products are at your own risk. You acknowledge and agree that artificial intelligence and machine learning are rapidly evolving fields, and that use of the AI Products may in some situations result in incorrect, incomplete, non-compliant, offensive, inappropriate, or misleading Outputs and that the Outputs may derive from a variety of sources (including, third-party AI tools and providers). All Outputs are for information purposes only, and Pilotbase is not responsible for any errors or omissions in any Outputs. You are solely responsible for reviewing, editing, verifying, and approving all Outputs prior to use, and for ensuring such content complies with all applicable laws. You should not rely on any Output for legal, professional, regulatory, compliance, or other purposes without independently verifying the applicability and suitability of those Outputs to your intended use. You will not mislead anyone as to the origin of any Outputs, including that any Output was human generated.
10.1You shall indemnify, defend and hold harmless Pilotbase, its licensors, parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a violation by you of your representations and warranties; (iii) a claim arising from the breach by you of this EULA; (iv) any claim arising from the Prompts, including any claim that such Prompts infringe, misappropriate, or otherwise violate any third party’s rights, (v) any claim arising from your use, distribution, or disclosure of Outputs, including any third-party claim arising from reliance on such Outputs; (vi) a claim resulting from your gross negligence or willful misconduct; or (vii) your failure to comply with applicable law. In any such case, Pilotbase shall (a) give written notice of the claim promptly to you; (b) give you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Pilotbase of all liability and such settlement does not affect Pilotbase’s business or Service); (c) provide to you all available information and reasonable assistance at your expense; and (d) not have already compromised or settled such claim.
10.2If the Platform or any Service is, or in Pilotbase’s opinion is likely to be, claimed to infringe, misappropriate, or otherwise violate any third-party Intellectual Property Rights, or if your use of the Platform or Service is enjoined or threatened to be enjoined, Pilotbase may, at its option and sole cost and expense: 10.2.1 obtain the right for you to continue to use the Platform or Service materially as contemplated by this EULA; 10.2.2 modify or replace the Platform or Service, in whole or in part, to seek to make the Platform or Service (as so modified or replaced) non-infringing, while providing materially equivalent features and functionality, in which case such modifications or replacements will constitute the Platform or Service, as applicable, under this EULA; or 10.2.3 by written notice to you, terminate this EULA with respect to all or part of the Platform or Service, and require you to immediately cease any use of the Platform or Service or any specified part or feature thereof.
PILOTBASE AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PILOTBASE TECHNOLOGY, THE SERVICE OR ANY CONTENT. PILOTBASE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE (OR ANY COMPONENT THEREOF) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET ANY USER REQUIREMENTS OR EXPECTATIONS, (C) ANY CUSTOMER DATA STORED ON THE PLATFORM WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PILOTBASE TECHNOLOGY, THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PILOTBASE AND ITS LICENSORS.
Pilotbase does not provide airworthiness determinations, weather services, NOTAM services, maintenance services, flight-planning services, regulatory compliance services, operational control services, or go/no-go flight decision services. The Service is not a substitute for pilot training, pilot judgment, instructor judgment, operator oversight, required pre-flight inspections, FAA-required procedures, aircraft instruments, avionics, approved flight manuals, maintenance records, official weather sources, FAA publications, or any other information or resources required by applicable law or safe flight operations. You acknowledge and agree that all decisions relating to aircraft operation, maintenance, dispatch, routing, weather avoidance, regulatory compliance, flight safety, and the commencement, continuation, diversion, delay, or termination of any flight remain solely the responsibility of the pilot in command, flight instructor, or other aircraft operator, as applicable. You further acknowledge that the pilot in command retains final authority and responsibility for the safe operation of the aircraft and for obtaining and evaluating all information required for safe flight operations. You shall not rely on the Service (including, for the sake of clarity, any Outputs) as the basis for any aviation safety, operational, maintenance, regulatory, dispatch, emergency, or flight-related decision. Use of the Service during pre-flight, in-flight, or post-flight operations is at your sole risk. Pilotbase disclaims all liability arising from or related to any flight, aviation incident, accident, aircraft damage, personal injury, death, or other loss allegedly resulting from or related to the use of, inability to use, or reliance upon the Service or the Platform.
YOU ACKNOWLEDGE AND AGREE THAT PILOTBASE HAS NO CONTROL OVER ACCESS TO, OR THE FUNCTIONING OF, THE INTERNET. PILOTBASE’S SERVICES MAY BE SUBJECT TO UNAVAILABILITY, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PILOTBASE IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL PILOTBASE’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IN NO EVENT SHALL PILOTBASE AND/OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UNDER WHICH THE CLAIM ARISES, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY IS AN AGGREGATE LIMIT AND WILL NOT BE INCREASED BY THE EXISTANCE OF MORE THAN ONE CLAIM. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so some or all of the exclusions set forth above may not apply to you; in such cases, Pilotbase’s liability shall be limited to the greatest extent permitted under applicable law. Without limiting anything in this EULA, you agree that that in no event will Pilotbase be liable or responsible to you for, and you waive any rights you may have to, claims, costs, damages, losses, liabilities or expenses arising out of any services, platforms, systems or applications of any third party or any products, services or information provided by any third party, even if included in or accessed through the Service.
Pilotbase reserves the right to modify the terms and conditions of this EULA or its policies and procedures relating to the Service at any time, including without limitation by posting revised terms on the “Legal Notices” section of the Platform or the Pilotbase Website (which shall constitute reasonable notice), and any changes to this EULA will be binding on you upon posting. You are responsible for regularly reviewing the “Legal Notices” for this EULA. Continued use of the Service after any such changes shall constitute your consent to such changes.
This EULA may not be assigned by you without the prior written approval of Pilotbase, but this EULA may be assigned without your consent by Pilotbase to: (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
This EULA shall be governed by the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware, and the applicable federal laws and international treaties of the United States of America. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You hereby irrevocably consent to exclusive jurisdiction in the state and federal courts located in Johnson County, Kansas, USA or United States District Court for the District of Kansas, Kansas City, Kansas, USA, with respect to any dispute, controversy or claim arising out of or relating to this EULA or to a breach hereof, including its interpretation, performance or termination. YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS EULA, ANY ORER FORM, OR THE SUBJECT MATTER HEREOF OR THEREOF. YOU FURTHER WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION AGAINST PILOTBASE IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THIS EULA, ANY ORER FORM, OR THE SUBJECT MATTER HEREOF OR THEREOF. THE SCOPE OF THE FOREGOING WAIVERS ARE INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS EULA AND ANY ORDER FORM, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. YOU FURTHER WARRANT AND REPRESENT THAT YOU HAVE HAD THE OPPORTUNITY TO REVIEW THIS WAIVER WITH YOUR LEGAL COUNSEL, AND THAT YOU KNOWINGLY AND VOLUNTARILY WAIVES YOUR JURY TRIAL RIGHTS FOLLOWING CONSULTATION (OR OPPORTUNITY TO CONSULT) WITH LEGAL COUNSEL.
18.1“Account” means each administrative or global user access account set up by Pilotbase for its provision of the Service. If you are an authorized User of an Entity User, then your Account will be associated with the Entity User under the Order Form entered into by the Entity User. If you are a pilot, then your Account will be set up under your individual name.
18.2“Content” means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service.
18.3“Customer Data” means any data, information or material provided or submitted by you to the Software and/or the Platform in the course of using the Service.
18.4“Deidentified Customer Data” means Customer Data that has been processed to remove or obscure identifying information such that it does not reasonably identify a particular individual or entity, including data that has been aggregated and/or anonymized.
18.5“Documentation” means any associated media, manuals, printed materials and “online” or other electronic or written documentation made available via the Pilotbase Website with respect to the Software and the Platform.
18.6“Effective Date” means the earlier of either the date this EULA is accepted by selecting the “I Accept” option presented on the screen after this EULA is displayed or the date you begin using the Service.
18.7“Entity User” means respectively, the corporate organization for whom a User may be designated as an authorized User under the Order Form entered into by the corporate organization and Pilotbase.
18.8“EULA” means collectively, this EULA and any materials available on the Pilotbase Website specifically incorporated by reference herein, as such materials, including the terms of this EULA, may be updated by Pilotbase from time to time in its sole discretion and made available at and https://www.flightschedulepro.com/legal-notices and https://www.pilotbase.com/legal-notices.
18.9“Pilotbase Technology” means all of Pilotbase’s proprietary technology (including software, hardware, products, processes, algorithms, machine learning and artificial intelligence models (including model weights, parameters, and training data), application programming interfaces, deliverables, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) disclosed or made available to you by Pilotbase in providing the Service, and all related and underlying technology, infrastructure and intellectual property in any Pilotbase offerings, including all derivative works, modifications, improvements and enhancements thereof. Pilotbase Technology shall include all proprietary technology licensed by Pilotbase from any of its subsidiaries or third parties, and integrated for use in the Platform, to the extent you are provided access and use in connection with the Service.
18.10“Intellectual Property Rights” means inventions, patent applications, patents, design rights, copyrights, works of authorship, trademarks, service marks, trade names, domain name rights, mask work rights, data and database rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world, including all rights of priority and rights to sue for past, present and future damages and right to collect proceeds and royalties.
18.11“Order Form(s)” means the initial form evidencing the subscription for the Service and any subsequent forms submitted online (including without limitation, order center submission or click-thru or click-to-consent activation), in written form, or over the phone, specifying, among other things, the products and services contracted for, the applicable subscription and subscription fees, the billing period, and other charges as agreed upon by the parties. Each Order Form is incorporated into and becomes a part of this EULA.
18.12“Personal Information” means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked to, directly or indirectly, a natural person.
18.13“Pilotbase” means Keyes Technology LLC, d/b/a Pilotbase, a Kansas Limited Liability Company with its principal place of business at 6811 Shawnee Mission Parkway, Suite 206, Overland Park, Kansas 66202, United States of America.
18.14“Pilotbase Website” means the website, including all web pages, portals and Pilotbase controlled links, located at (i) www.flightschedulepro.com, (ii) www.pilotbase.com, or (iii) any another URL or IP address provided to you by Pilotbase, to which you are being granted access under this EULA. Pilotbase Website includes Pilotbase’s official accounts on third party service providers’ websites or portals from which the Software is made available for download or certain features of the Platform and/or the Subscription Service are made available by Pilotbase to Users for access and use.
18.15“Privacy Policy” means Pilotbase’s privacy policy, posted on the Pilotbase Website, as may be published and amended from time to time by Pilotbase. The Privacy Policy may be viewed at https://www.flightschedulepro.com/legal-notices and https://www.pilotbase.com/legal-notices.
18.16"Privacy and Data Protection Requirements" means all applicable federal, state, and foreign laws and regulations relating to the processing, protection, or privacy of Personal Information, including where applicable, the guidance and codes of practice issued by regulatory bodies in any relevant jurisdiction.
18.17“Platform” means, collectively, Pilotbase’s current and future proprietary platforms made available to Users for access and use by Pilotbase through the Pilotbase Website and the Software.
18.18“Service(s)” means collectively, the specific features and functionalities available in the then current version of Pilotbase’s Platform and to which you are being granted access pursuant to this EULA and any applicable Order Form, in each case developed, operated, and maintained by Pilotbase and accessible via the Pilotbase Website and/or the Software.
18.19“Software” means collectively: (i) all mobile applications (iOS and Android) made available to Users for download by Pilotbase via third party service providers and/or the Pilotbase Website; (ii) all computer software (including features and functionality) made available for access and use on the Platform; and (iii) any updates, upgrades, new versions, add-on modules, enhancements, features, editions or components for such computer software and mobile applications made available to Users by Pilotbase.
18.20“Third-Party Components” means application programming interfaces (APIs), content, data, software or components that are either owned by a third party or in the public domain.
18.21“Third-Party Terms” means all necessary consents, legal terms, end user license agreements and/or sublicenses from a third party in connection with the Third-Party Components.
18.22“User(s)” means an authorized user of the Service that has registered and secured a user identification and password solely for his or her personal use.
18.23“You” means the individual who activates an Account subject to this EULA via the Pilotbase Website or the Software.
This EULA has been written in the English language. This EULA shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any rights that you may have under the laws of your country for this EULA to be written in the language of that country. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this EULA. If any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Pilotbase as a result of this EULA or use of the Service. The failure of Pilotbase to enforce any right or provision in this EULA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pilotbase in writing. This EULA and any documents incorporated by reference into this EULA comprise the entire agreement between you and Pilotbase and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Pilotbase’s routine communications regarding the Service and any legal notices will be sent by email or post to the Platform, to the individual(s) designated in your Account. Notices are deemed received as of the date delivered or posted, or if that date does not fall on a business day, as of the beginning of the first business day following the date delivered or posted.
If you are accessing the Platform via Pilotbase’s mobile application downloaded from the Apple App Store, you acknowledge and agree that Apple Inc., and its subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary.
If you have questions regarding this EULA or wish to obtain additional information, please contact Pilotbase via support ticket at pilotbase.com.