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Take Flight Ops

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TERMS OF SERVICE

Take Flight Ops

Operated by Take Flight Design LLC

Effective Date: September 4, 2026

Version 2026-09-04


1. AGREEMENT TO THESE TERMS

1.1 These Terms of Service (the "Terms") govern access to and use of Take Flight Ops, including takeflightops.com and the Take Flight Ops applications for iOS, iPadOS, Android, Windows, and macOS (collectively, the "Service"), operated by Take Flight Design LLC, an Ohio limited liability company ("Take Flight Design," "we," or "us").

1.2 By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1.3 Relationship to institutional agreements. The Service is licensed to flight schools and similar institutions ("Institutions") under a separate written Subscription Agreement. Where a conflict exists between these Terms and an executed Subscription Agreement, the Subscription Agreement controls as between Take Flight Design and that Institution. These Terms continue to govern the use of the Service by individual users.


2. ELIGIBILITY AND ACCOUNTS

2.1 Account issuance. Accounts are issued by the Institution with which you are affiliated. Take Flight Design does not issue accounts to the general public.

2.2 Individual accounts. Each account is personal to the individual to whom it is issued. You shall not share your credentials or permit any other person to access the Service using your account.

2.3 Accuracy. You shall provide accurate information and shall keep your account information current.

2.4 Security of credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. You shall notify your Institution and Take Flight Design promptly upon becoming aware of any unauthorized use.

2.5 Minors. Where an individual under the age of eighteen is issued an account by an Institution, the Institution is responsible for obtaining any consent required by applicable law and by its own policies. The Service is not offered directly to children under the age of thirteen.


3. PERMITTED AND PROHIBITED USE

3.1 Permitted use. You may use the Service for the flight training, aircraft rental, maintenance, and administrative purposes for which your Institution has licensed it.

3.2 Prohibited conduct. You shall not:

(a) access or attempt to access data belonging to another Institution or to any individual whose records you are not authorized to view;

(b) circumvent or attempt to circumvent any authentication, authorization, tenancy separation, audit, or retention control;

(c) falsify any record, entry, time, signature, or certificate number within the Service;

(d) share credentials, or apply an electronic signature on behalf of another person;

(e) reverse engineer, decompile, or disassemble the Service, except to the extent such restriction is prohibited by applicable law;

(f) introduce malicious code, conduct automated scanning without authorization, or otherwise interfere with the integrity, security, or performance of the Service;

(g) use the Service to store or transmit unlawful content, or to harass any person; or

(h) use the Service in violation of any applicable law or regulation.

3.3 Integrity of records. You acknowledge that entries in the Service may constitute or support records required by federal aviation and transportation security regulation, that actions affecting such records are permanently logged with your identity, and that falsification of such records may carry consequences under federal law independent of these Terms.

3.4 Enforcement. Take Flight Design may suspend access to any account it reasonably believes has engaged in conduct prohibited by this Section, and shall notify the relevant Institution of any such suspension.


4. ELECTRONIC SIGNATURES

4.1 An electronic signature applied within the Service is intended to have the same effect as a handwritten signature on the equivalent paper record.

4.2 By applying an electronic signature, you affirm that you are the individual identified, that you are acting within the scope of any certificate or authority you hold, and that the content of the record as displayed to you at the time of signature is accurate.

4.3 Signatures are cryptographically bound to record content. Modification of a signed record requires an audited unlock procedure that voids the signature and requires re-signature.


5. INSTITUTION CONTROL OF RECORDS

5.1 The Institution determines what information concerning you is recorded in the Service, who within the Institution may access it, and, subject to applicable retention requirements, how long it is retained.

5.2 Requests for access to, correction of, or deletion of your records should be directed to your Institution. Take Flight Design will assist the Institution in responding.

5.3 Certain records are subject to retention periods established by federal regulation and cannot be deleted within those periods by any party, including Take Flight Design. These are described in the Privacy Policy.


6. FEES

6.1 Subscription fees for the Service are payable by the Institution under its Subscription Agreement. Individual users are not charged by Take Flight Design for access.

6.2 Amounts charged to a student or account holder for flight instruction, aircraft rental, merchandise, or other goods and services are determined and charged by the Institution, not by Take Flight Design. Payment processing is performed by Stripe, Inc., and settled to the Institution's own account. Take Flight Design does not receive a percentage of such amounts.

6.3 Disputes concerning amounts charged by an Institution must be raised with that Institution.


7. INTELLECTUAL PROPERTY

7.1 The Service, including its software, interfaces, and documentation, and all intellectual property rights therein, are and remain the property of Take Flight Design and its licensors.

7.2 These Terms grant no license to any trademark, service mark, or trade dress of Take Flight Design.

7.3 Content submitted to the Service by or on behalf of an Institution remains the property of that Institution as between the Institution and Take Flight Design.


8. THIRD-PARTY SERVICES

8.1 The Service interoperates with third-party services, including Stripe for payment processing. Use of such services is subject to the terms and privacy policies of their respective providers.

8.2 Take Flight Design is not responsible for the acts, omissions, or availability of third-party services.


9. PRIVACY

9.1 The Privacy Policy, available at [https://takeflightops.com/privacy], describes the collection, use, and disclosure of information through the Service and is incorporated into these Terms by reference.


10. AVAILABILITY AND MODIFICATION

10.1 Take Flight Design may modify, enhance, or discontinue features of the Service. Where a modification materially diminishes functionality on which Institutions rely, Take Flight Design will give affected Institutions reasonable advance notice.

10.2 The Service may be unavailable during scheduled or emergency maintenance. Availability commitments, where applicable, are stated in the Institution's Subscription Agreement.


11. DISCLAIMER OF WARRANTIES

11.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAKE FLIGHT DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 TAKE FLIGHT DESIGN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL IDENTIFY EVERY CONDITION AFFECTING AIRWORTHINESS, PILOT QUALIFICATION, OR REGULATORY COMPLIANCE.

11.3 Aeronautical determinations. Determinations of airworthiness, of a pilot's qualification to conduct a flight, and of whether a flight may safely and lawfully be conducted are made by the Institution and by the individuals holding the applicable certificates. The Service provides information and enforces restrictions configured by the Institution; it does not make such determinations and is not a substitute for the judgment of a certificated airman, mechanic, or inspector.


12. LIMITATION OF LIABILITY

12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAKE FLIGHT DESIGN SHALL NOT BE LIABLE TO ANY INDIVIDUAL USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE.

12.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAKE FLIGHT DESIGN'S AGGREGATE LIABILITY TO ANY INDIVIDUAL USER ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

12.3 Some jurisdictions do not permit the exclusion or limitation of certain damages. In such jurisdictions, the foregoing limitations apply to the maximum extent permitted by law.

12.4 Nothing in this Section limits the rights or obligations of an Institution under its Subscription Agreement.


13. INDEMNIFICATION

13.1 You shall indemnify and hold harmless Take Flight Design from any claim, loss, or expense, including reasonable attorneys' fees, arising from your use of the Service in violation of these Terms or applicable law.


14. TERMINATION

14.1 Your access to the Service continues for so long as your Institution maintains an active subscription and authorizes your account.

14.2 Take Flight Design may suspend or terminate access for conduct described in Section 3.2, or as directed by your Institution.

14.3 Sections 3.3, 7, 11, 12, 13, and 15 survive termination.


15. GENERAL

15.1 Governing law. These Terms are governed by the laws of the State of Ohio, without regard to conflict of laws principles.

15.2 Venue. Subject to Section 15.3, the state and federal courts located in Ohio shall have exclusive jurisdiction.

15.3 Informal resolution. Before initiating any proceeding, you agree to contact Take Flight Design at the address in Section 15.7 and to attempt in good faith to resolve the dispute for a period of thirty (30) days.

15.4 Apple and Google. Where the Service is obtained through the Apple App Store or Google Play, you acknowledge that these Terms are between you and Take Flight Design and not with Apple Inc. or Google LLC; that Apple and Google have no obligation to furnish maintenance or support for the Service; that in the event of a failure to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, and shall otherwise have no obligation; and that Apple and Google are third-party beneficiaries of these Terms with the right to enforce them.

15.5 Modification of these Terms. Take Flight Design may amend these Terms by posting a revised version bearing a revised effective date. Where an amendment is material, Institutions will receive notice by electronic mail not less than thirty (30) days in advance where practicable. Continued use following the effective date constitutes acceptance.

15.6 Severability; waiver; entire agreement. If any provision is held unenforceable, it shall be modified to the minimum extent necessary and the remainder shall continue in effect. No waiver of a breach constitutes a waiver of any other breach. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Take Flight Design concerning the Service.

15.7 Contact.

Take Flight Design LLC

158 Cardington Lane, Burbank, Ohio 44214

ops@takeflightops.com