Terms of Service

1. Agreement to Terms

By accessing or using Pilot Files ("Service") or the Flytimer mobile application ("Flytimer"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service or Flytimer.

These Terms apply to users in Canada and internationally. The Service is operated from British Columbia, Canada, and hosted on Digital Ocean servers in the United States.

2. Description of Service

Pilot Files is a web-based software service that enables aviation companies to monitor flight duty times, manage pilot data, and may integrate with accounting software such as QuickBooks in the future.

Flytimer is a free iOS mobile application available through the Apple App Store that allows pilots to log flight times. Flytimer functions independently and does not require a Pilot Files account. Pilots may optionally connect their Flytimer account to a company's Pilot Files account to share flight data.

Data Flow: Flight data entered in Flytimer can be transmitted to Pilot Files when a pilot connects their account to a company account. Pilot Files receives this data for duty time monitoring and company record-keeping purposes.

3. User Accounts

3.1 Account Creation

• You must provide accurate, complete, and current information during registration
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access to your account
• You must be at least 18 years of age to use this Service

3.2 Company Accounts vs. Pilot Accounts

• Company accounts have administrative privileges and can manage multiple pilot users
• Pilot accounts may be invited to connect with company accounts
• Each account type has different access levels and responsibilities

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to any portion of the Service
• Interfere with or disrupt the Service or servers
• Upload or transmit viruses or malicious code
• Impersonate any person or entity
• Collect or store personal data about other users without permission
• Use automated systems to access the Service without authorization

5. Subscription and Payment

5.1 Pricing Model

• Pilot Files operates on a subscription basis for company accounts
• Billing is per aircraft at $30 CAD per aircraft per 30-day period
• Flytimer is provided free of charge through the Apple App Store and does not require a paid subscription

5.2 Billing Cycle

• Subscriptions are billed in 30-day blocks per aircraft
• Billing begins on the date you add an aircraft to your account
• Each aircraft has its own 30-day billing cycle based on when it was added
• All fees are in Canadian Dollars (CAD) unless otherwise stated

5.3 Payment Processing

• Payment processing is handled by Stripe, a third-party payment processor
• We do not store or have access to your complete credit card information
• You authorize Stripe to charge your payment method for all fees owed
• By providing payment information, you represent that you are authorized to use the payment method

5.4 No Refunds

5.5 Cancellation

• You may cancel your subscription at any time through your account settings
• Upon cancellation, you will continue to have access until the end of your current 30-day billing period for each aircraft
• You will be charged for the full 30-day period even if you cancel mid-cycle
• No further charges will be made after the current billing period expires
• To avoid being charged for the next period, cancel before your renewal date

5.6 Failed Payments

• If a payment fails, we will attempt to process payment again
• Continued failure to pay may result in suspension or termination of your account
• You remain responsible for any uncollected amounts

5.7 Price Changes

• We may modify subscription fees with 30 days' advance notice via email
• Continued use of the Service after price changes constitutes acceptance
• Price changes will take effect on your next billing cycle

6. Data and Content

6.1 Your Data

• You retain all rights to the flight data, pilot information, and other content you upload
• You grant us a license to use, store, and process your data solely to provide the Service
• You are responsible for the accuracy and legality of all data you submit

6.2 Data Export and Deletion

• You may download all of your data at any time through your account settings
• We will send monthly email reminders encouraging you to download and backup your data
• You may request deletion of your data at any time by contacting us or through your account settings
• Upon data deletion request, we will delete your data within 30 days, except where we are required by law to retain certain information
• After account termination, you have 90 days to request a data export

6.3 Data Backup Responsibility

• While we maintain regular backups for system integrity, you are responsible for maintaining your own backup copies of critical data
• We strongly recommend downloading your data regularly
• We are not liable for any data loss

6.4 Our Rights

• We reserve the right to remove content that violates these Terms
• We may access your data as necessary to provide support or maintain the Service

7. Aviation Regulatory Compliance and Disclaimers

7.1 Tool for Guidance Only

7.2 No Responsibility for Errors

• WE TAKE NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES, OR OMISSIONS in calculations, data processing, or information provided by the Service or Flytimer
• Errors may occur in duty time calculations, flight time totals, rest period tracking, or any other feature
• Software bugs, data corruption, or synchronization issues may result in incorrect information
• You acknowledge that technology is imperfect and errors will occur

7.3 User Responsibility for Compliance

• Ultimate responsibility for compliance with Canadian Aviation Regulations (CARs) or any other aviation regulations rests entirely with the operator, company, and individual pilots
• You must independently verify all data, calculations, and information before relying on it for regulatory compliance, flight operations, or safety decisions
• Do not use this Service or Flytimer as your sole method of tracking flight duty times or rest periods
• Maintain independent backup records of all flight operations

7.4 No Guarantee of Compliance

• Use of Pilot Files or Flytimer does not guarantee compliance with any aviation regulations
• We make no representations or warranties that the Service will help you achieve or maintain regulatory compliance
• The Service does not constitute legal, regulatory, or safety advice

7.5 No Liability for Regulatory Violations

• We are not liable for any regulatory violations, Transport Canada enforcement actions, fines, penalties, or certificate suspensions
• We are not liable for any consequences resulting from incorrect data, failed synchronization, or system errors
• We are not liable for any flight safety incidents, accidents, or operational issues

7.6 Independent Verification Required

You must independently verify:

• All flight times and duty periods
• Rest period compliance
• Currency requirements
• Any other regulatory requirements
• All data before submitting reports to authorities or using for operational decisions

8. Intellectual Property

8.1 Our IP

• The Service, including all software, designs, text, graphics, and other content, is owned by us and protected by copyright and other intellectual property laws
• You may not copy, modify, distribute, or reverse engineer any part of the Service

8.2 Trademarks

• "Pilot Files" and "Flytimer" are our trademarks
• You may not use our trademarks without written permission

9. Third-Party Services

9.1 Payment Processing

• Payment processing is handled exclusively by Stripe, Inc.
• Stripe's terms of service and privacy policy apply to all payment transactions
• We do not store complete credit card information

9.2 Hosting Services

• The Service is hosted on Digital Ocean servers located in the United States
• Data is transferred to and stored on servers outside of Canada

9.3 Future Integrations

• The Service may integrate with third-party services such as QuickBooks or other accounting software in the future
• Your use of third-party services is governed by their respective terms and privacy policies
• We are not responsible for third-party services, their availability, accuracy, or functionality

9.4 Apple App Store

• Flytimer is distributed through the Apple App Store
• Your download and use of Flytimer is also subject to Apple's App Store Terms of Service

10. Termination

10.1 By You

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period

10.2 By Us

• We may suspend or terminate your account for violation of these Terms
• We may terminate the Service entirely with 60 days' notice

10.3 Effect of Termination

• Upon termination, your right to use the Service ceases immediately
• You may request a copy of your data within 30 days of termination
• We may delete your data after 90 days following termination

11. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• This limitation applies to all causes of action, whether in contract, tort, or otherwise

12.1 Aviation-Specific Limitations

• We are not liable for any regulatory violations, fines, or penalties resulting from your use of the Service
• We are not liable for flight safety incidents or accidents
• We are not liable for business losses due to Service unavailability

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any aviation regulations

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

14.2 Jurisdiction

Any disputes shall be resolved in the courts of British Columbia, Canada.

14.3 Dispute Resolution

Before filing any legal action, you agree to attempt to resolve disputes through good-faith negotiation for at least 30 days.

15. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

16. Changes to Terms

• We may modify these Terms at any time
• We will notify you of material changes via email or through the Service
• Continued use after changes constitutes acceptance of the modified Terms
• Previous versions will be archived and available upon request

17. General Provisions

17.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service.

17.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

18. Contact Information

For questions about these Terms, contact us at:

Email: support@pilotfiles.com
Address: Surrey, British Columbia, Canada

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By using Pilot Files or Flytimer, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.