Terms and Conditions

These Terms and Conditions (the “Terms”) govern access to and use of My Flight Systems, a hosted aviation-operations platform provided by Exis, LLC (“Exis,” “we,” “us,” or “our”). Please read them carefully.

1. Agreement to These Terms

By creating an account, clicking to accept these Terms, or using the Service, you agree to be bound by these Terms on behalf of the company or other legal entity you represent (the “Customer”). You represent that you have the authority to bind the Customer. If you do not have that authority, or do not agree with these Terms, do not use the Service.

Use of our mobile and web applications is also subject to our End User License Agreement (the “EULA”), and our handling of personal information is described in our Privacy Policy. If the Customer has signed a separate written agreement or order form with us, that agreement controls to the extent it conflicts with these Terms.

2. Definitions

• “Service” means the My Flight Systems hosted platform, including the web administration portal, the mobile and desktop applications, application programming interfaces, and related documentation, as updated from time to time.
• “Authorized User” means an employee, contractor, or other individual whom the Customer invites or permits to use the Service under the Customer’s account (for example, pilots, mechanics, dispatchers, reviewers, and administrators).
• “Customer Data” means all data, records, files, and other content submitted to the Service by or for the Customer or its Authorized Users, including pilot and personnel records, flight, duty and maintenance records, risk assessments, expenses, and uploaded documents.
• “Subscription” means the Customer’s right to use the Service for a trial or paid term under the plan selected at sign-up or in an order form.

3. Accounts and Access

The Customer is responsible for providing accurate registration information, for all activity under its account, and for the acts and omissions of its Authorized Users. Administrators designated by the Customer control which individuals are invited, which roles and modules they can access, and when access is removed.

Each Authorized User must keep their credentials confidential, may not share an individual account, and must notify the Customer’s administrator and us promptly of any suspected unauthorized access. Shared aircraft or kiosk device accounts may be used only as the Service intends (for example, to let individually identified pilots record flight logs on a shared cockpit device). We encourage the use of multi-factor authentication and single sign-on where available.

4. Subscriptions, Trials, and Fees

Free trial. We may offer a free trial for a limited period. Trials are provided “as is,” may be modified or ended at any time, and at the end of the trial access may be suspended unless a paid Subscription is started.

Fees. Paid Subscriptions are billed at the rates and on the billing cycle stated in the applicable order form or published plan. Unless stated otherwise, fees are payable in U.S. dollars, are non-refundable except as required by law or expressly stated in these Terms, and exclude taxes, which the Customer is responsible for (other than taxes on our net income).

Renewal and price changes. Subscriptions renew for successive terms of the same length unless either party gives notice of non-renewal before the end of the current term. We will give at least 30 days’ notice of any fee increase, which takes effect at the next renewal.

Late payment. If undisputed fees are overdue, we may, after giving notice, suspend access to the Service until payment is received.

5. Acceptable Use

The Customer and its Authorized Users will not, and will not permit anyone else to:

• use the Service in violation of any applicable law or regulation, or to store or transmit unlawful, infringing, or harmful content;
• upload personal information without a lawful basis and any notices or consents the law requires;
• attempt to gain unauthorized access to the Service, other customers’ data, or related systems, or bypass any security, authentication, or tenant-separation measure;
• probe, scan, or test the vulnerability of the Service without our prior written permission;
• interfere with or disrupt the Service, including by introducing malware or generating unreasonable load;
• copy, modify, reverse engineer, decompile, or create derivative works of the Service, except to the extent that applicable law expressly permits despite this restriction;
• resell, sublicense, rent, or provide the Service to third parties, or use it to build a competing product;
• use automated means to access the Service other than through interfaces we provide or approve; or
• falsify, backdate, or otherwise misrepresent records required by aviation regulations.

6. Customer Data

Ownership. As between the parties, the Customer owns all Customer Data. We do not acquire any ownership of Customer Data by providing the Service.

License to us. The Customer grants us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data only as needed to provide, secure, support, and improve the Service, to prevent or address technical or security problems, and as required by law.

Customer responsibilities. The Customer is responsible for the accuracy, quality, and legality of Customer Data and of the means by which it was obtained, including providing any notices to and obtaining any consents from pilots and other individuals whose information it enters into the Service.

Usage data. We may collect technical and usage information about how the Service operates and is used, and may use it, and aggregated or de-identified information that does not identify the Customer or any individual, to operate, secure, and improve the Service.

7. Operational Use and Aviation Safety

The Customer remains solely responsible for maintaining all records, reports, and retention required of it by the Federal Aviation Administration and any other authority, and for verifying that information produced by the Service is correct before relying on it.

8. 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 Service, its non-public features, pricing, and security information are ours. The receiving party will use the other’s Confidential Information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to its personnel, contractors, and advisers who need to know it and are bound by comparable obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information when required by law, after giving the other party reasonable notice where legally permitted.

9. Intellectual Property and Feedback

We and our licensors own all rights in the Service, including software, designs, documentation, and trademarks. Except for the limited rights expressly granted in these Terms and the EULA, no rights are granted to the Customer. If the Customer or its Authorized Users provide suggestions or feedback, we may use them without restriction or obligation.

10. Third-Party Services and Integrations

The Service may interoperate with services that we do not control, such as Microsoft 365 (for example, Outlook calendar entries created from duty logs), the Customer’s single sign-on identity provider, email providers, and mobile app stores. If the Customer enables an integration, it authorizes us to exchange Customer Data with that service as needed for the integration to work. Third-party services are governed by their own terms, and we are not responsible for them or for their availability.

11. Service Availability, Support, and Changes

We will use commercially reasonable efforts to make the Service available and to provide reasonable support by email, but we do not guarantee that the Service will be uninterrupted, timely, or error-free. Planned maintenance, outages of hosting or network providers, and events beyond our reasonable control may affect availability. The Customer should maintain procedures, including offline or paper backups where its operations require them, that do not depend on continuous availability of the Service. Unless a separate written agreement provides a service level commitment, none applies.

We may update and improve the Service from time to time. We will not make changes that materially reduce the core functionality of a paid Subscription during its current term without notice.

12. Security

We maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit, access controls, and logical separation of each customer’s data. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. We will notify the Customer without undue delay after becoming aware of a breach of security that results in unauthorized access to Customer Data, as required by applicable law.

13. Disclaimer of Warranties

Except as expressly stated in these Terms, the Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty that the Service will meet the Customer’s regulatory or operational requirements or will be uninterrupted or error-free.

14. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, or for the cost of substitute services, however caused and under any theory of liability, even if advised of the possibility of such damages. Each party’s total liability arising out of or relating to these Terms or the Service will not exceed the fees paid or payable by the Customer for the Service in the 12 months before the event giving rise to the claim (or, for a free trial, one hundred U.S. dollars).

These limitations do not apply to the Customer’s payment obligations, a party’s indemnification obligations, or liability that cannot be limited under applicable law.

15. Indemnification

By us. We will defend the Customer against any third-party claim alleging that the Service, as provided by us, infringes that third party’s U.S. intellectual property rights, and pay resulting damages finally awarded or agreed in settlement. If such a claim arises, we may modify the Service to be non-infringing, obtain a license, or terminate the affected Subscription and refund prepaid fees for the unused term. This obligation does not apply to claims arising from Customer Data, third-party services, or use of the Service in combination with items we did not provide or in breach of these Terms.

By the Customer. The Customer will defend us against any third-party claim arising from Customer Data, the Customer’s or its Authorized Users’ use of the Service in breach of these Terms or applicable law, or the Customer’s aviation operations, and pay resulting damages finally awarded or agreed in settlement.

The indemnified party must give prompt notice of the claim, allow the indemnifying party to control its defense and settlement, and provide reasonable cooperation.

16. Term, Suspension, and Termination

These Terms apply for as long as the Customer uses the Service. Either party may terminate a Subscription for convenience effective at the end of the then-current term, or immediately on written notice if the other party materially breaches these Terms and does not cure the breach within thirty days after notice.

We may suspend access to the Service, in whole or in part, if reasonably necessary to prevent harm to the Service, other customers, or third parties, to comply with law, or because of non-payment. Where practical we will give advance notice and restore access promptly once the issue is resolved.

Sections that by their nature should survive termination (including those on Customer Data, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will survive.

17. Data Retention, Export, and Deletion

During a Subscription, administrators can export Customer Data using the export and reporting features of the Service. For 30 days after termination or expiration, we will, on request, make Customer Data available for export in a commonly used format. After that period we will delete Customer Data from our production systems within 90 days, except for copies held in routine backups until they expire in the ordinary course, and information we must retain to comply with law, resolve disputes, or enforce our agreements, which remains subject to these confidentiality obligations.

The Customer is responsible for retaining any records it is legally required to keep after it stops using the Service.

18. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new version number and effective date and, for material changes, give at least 30 days’ notice by email or in the Service. Users may be asked to accept updated terms before continuing to use the Service. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

19. Governing Law and Disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to these Terms or the Service is the state and federal courts located in Morris County, New Jersey, and each party consents to personal jurisdiction there. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

20. General

• 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 relevant assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, other than payment obligations.
• Notices. We may give notices by email to the Customer’s account administrators or in the Service. Notices to us must be sent to exisllc@gmail.com and 5 Cleveland Street, Morristown, NJ 07960.
• Export and sanctions. Each party will comply with applicable export-control and sanctions laws.
• Independent contractors. The parties are independent contractors; nothing in these Terms creates a partnership, agency, or employment relationship.
• Entire agreement. These Terms, the EULA, the Privacy Policy, and any order form are the entire agreement between the parties about the Service and supersede prior agreements on that subject. Any purchase-order terms are void.
• Severability and waiver. If a provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.

21. Contact

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