End User License Agreement

This End User License Agreement (the “EULA”) is a legal agreement between you and Exis, LLC (“Exis,” “we,” “us,” or “our”) for the My Flight Systems mobile applications for iOS and Android, the desktop application for Windows, and the web portal (together, the “Apps”).

1. Acceptance

By creating an account, clicking “I agree,” or installing or using the Apps, you agree to this EULA. If you do not agree, do not install or use the Apps. You typically use the Apps as an employee, contractor, or other authorized user of an organization that subscribes to My Flight Systems (your “Organization”). Your Organization’s use is also governed by our Terms and Conditions or a separate written agreement, and our Privacy Policy describes how information is handled. If this EULA conflicts with your Organization’s agreement with us, that agreement controls as between us and your Organization.

2. License Grant

Subject to this EULA and to your Organization’s active subscription, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Apps on devices that you own or control (or that your Organization provides to you), solely for your Organization’s internal business operations. The Apps are licensed, not sold.

3. Restrictions

Except as expressly permitted by this EULA or by applicable law that cannot be waived, you will not:

• copy, modify, translate, or create derivative works of the Apps;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of the Apps;
• rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Apps to anyone else;
• remove or alter any proprietary notices or labels;
• circumvent or interfere with any security, authentication, licensing, or data-separation feature;
• use the Apps to access data you are not authorized to access, or share your credentials with others;
• use the Apps in violation of any law, including aviation, privacy, and export-control laws; or
• use the Apps to build a competing product or service.

4. Accounts and Shared Devices

You are responsible for keeping your credentials and devices secure and for activity under your account. A shared aircraft or kiosk device account may be used only as designed, with each pilot identifying themselves (for example, by PIN) for the records they create. If you leave your Organization or your access is removed, you must stop using the Apps for that Organization.

5. Operational Safety Disclaimer

6. Data and Privacy

Information you enter through the Apps is stored in your Organization’s account and is controlled by your Organization, as described in the Privacy Policy. The Apps may request device permissions, such as camera or photo access to attach receipts or documents, or biometric unlock (Face ID, Touch ID, or similar). Biometric checks are performed by your device’s operating system; we never receive your biometric data. The Apps send error and diagnostic reports to help us fix problems.

7. Updates

We may provide updates, patches, and new versions of the Apps, which may be installed automatically depending on your device settings. Some updates may be required to keep using the Apps or the Service. This EULA applies to all updates unless they come with separate terms. We may ask you to accept an updated version of this EULA before you continue to use the Apps.

8. Third-Party Software and Services

The Apps may include third-party and open-source components that are subject to their own license terms, and may link to or integrate with third-party services (for example, your Organization’s single sign-on provider, Microsoft 365, or links and apps your Organization adds). We are not responsible for third-party services, and your use of them is governed by their terms.

9. Ownership and Feedback

We and our licensors own all rights, title, and interest in the Apps, including all intellectual property rights. All rights not expressly granted are reserved. If you give us feedback, we may use it without obligation to you.

10. Term and Termination

This EULA is effective until terminated. It terminates automatically, without notice, if you fail to comply with it, if your Organization’s subscription ends, or if your Organization removes your access. We may also suspend or terminate your license if needed to protect the Service or comply with law. On termination you must stop using the Apps and delete them from your devices. Sections 3, 5, 9, 11, 12, 13, 15, and 16 survive termination.

11. Disclaimer of Warranties

To the maximum extent permitted by law, the Apps are provided “as is” and “as available,” with all faults and without warranty of any kind. We disclaim all warranties, express, implied, or statutory, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement, and any warranty that the Apps will be uninterrupted, error-free, or secure, or will meet any regulatory requirement.

12. Limitation of Liability

To the maximum extent permitted by law, in no event will Exis or its licensors be liable for any personal injury, property damage, or indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or business interruption, arising out of or related to your use of or inability to use the Apps, however caused and under any theory of liability, even if advised of the possibility of such damages. Our total liability to you for all claims relating to the Apps will not exceed fifty U.S. dollars (US$50). Some jurisdictions do not allow certain limitations, so some of them may not apply to you.

13. Export Compliance and Government Users

You may not use, export, or re-export the Apps except as authorized by U.S. law and the laws of the jurisdiction where you obtained them. You represent that you are not located in an embargoed country and are not on any U.S. government restricted-party list. The Apps are “commercial computer software” and, if acquired by or for the U.S. Government, are licensed only with the rights granted to all other users under this EULA.

14. App Store Terms

Apple

If you obtained an App from the Apple App Store, the following also applies:

• This EULA is between you and Exis only, not Apple Inc. (“Apple”). Exis, not Apple, is solely responsible for the App and its content.
• Your license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty are Exis’s responsibility, to the extent not disclaimed in this EULA.
• Exis, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product-liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer-protection, privacy, or similar laws.
• If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, Exis, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (such as your wireless data service agreement) when using the App.
• Apple and its subsidiaries are third-party beneficiaries of this EULA and, once you accept it, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary.
• Questions, complaints, or claims about the App should be directed to Exis using the contact information below.

Google Play and Microsoft Store

If you obtained an App from Google Play or the Microsoft Store, you acknowledge that this EULA is between you and Exis only, and that Google LLC or Microsoft Corporation, as applicable, is not responsible for the App or its support. Your use of the store is also subject to that store’s terms of service; where those terms conflict with this EULA regarding the store itself, the store’s terms apply.

15. Governing Law

This EULA is governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules, and disputes will be resolved exclusively in the state and federal courts located in Morris County, New Jersey, except where applicable consumer-protection law gives you the right to bring a claim elsewhere. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. General

If any provision of this EULA is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign this EULA; we may assign it to a successor. This EULA, together with the documents it references, is the entire agreement between you and us about the Apps.

17. Contact

Exis, LLC
5 Cleveland Street, Morristown, NJ 07960
Email: exisllc@gmail.com