These Terms of Service (this "Agreement") are a legal agreement between you ("User," "you," or "your") and AYAN TECHNOLOGIES & CONSULTING LLC, a limited liability company and the provider of Planewise ("Ayan Technologies & Consulting," "Planewise," "Company," "we," "us," or "our"), governing your access to and use of the Planewise software-as-a-service platform, including the web application, mobile applications, related documentation, and any updates or new features (collectively, the "Service").
Planewise is currently a product of Ayan Technologies & Consulting LLC. Ayan Technologies & Consulting LLC may in the future operate Planewise under a registered trade name (d/b/a) or organize it as a separate or affiliated legal entity. In any such case, this Agreement and all of its terms will continue to apply in full and will be deemed to run to Ayan Technologies & Consulting LLC's applicable successor, assign, or affiliate, without any need to amend or re-execute this Agreement.
By creating an account, downloading, installing, accessing, or using the Service, you agree to be bound by this Agreement. If you do not agree, do not use the Service. If you have entered into a separate signed Software Subscription Agreement with Company, that agreement governs your use of the Service as described in Section 18.
1. Eligibility and Authority
You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and are able to form a binding contract. If you use the Service on behalf of a flight school, flying club, business, or other organization ("Organization"), you represent and warrant that you have authority to bind that Organization to this Agreement, and "you" refers to both you and that Organization.
2. Definitions
- "User Content" means the maintenance records, squawks, tickets, inspection data, aircraft information, photographs, Hobbs/Tach values, member information, and other data and content that you or your authorized users submit to or generate within the Service.
- "Advisories" means safety advisories, notifications, regulatory references, alerts, due-list items, trend detections, predictive insights, summaries, and other outputs generated in whole or in part by automated or artificial-intelligence systems within the Service.
- "Organization Data" means User Content associated with an Organization account.
3. License Grant and Accounts
3.1. License. Subject to your compliance with this Agreement and payment of any applicable fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the term of your account solely for your internal aircraft-management, business, and operational purposes. All rights not expressly granted are reserved.
3.2. Accounts. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials.
3.3. Organizations. Organization accounts may have administrators ("Admins") who can add or remove members, set permissions, take aircraft in or out of service, and access, modify, or delete Organization Data. You acknowledge that Admins and other members of your Organization may access User Content you submit. As between you and Company, the Organization owns its Organization Data and is responsible for its members' use of the Service and for the accuracy and legality of its data. If you permit individuals under 18 years of age to use the Service as part of your Organization, you are solely responsible for obtaining all consents required by law and for compliance with all laws applicable to the personal information of minors.
4. Restrictions
You shall not, and shall not permit any third party to:
- copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service, except to the extent this restriction is prohibited by applicable law;
- remove, obscure, or alter any proprietary notices;
- rent, lease, lend, sell, sublicense, or distribute the Service, or make it available to any third party other than your authorized users;
- use the Service to build or benchmark a competing product or service;
- upload, transmit, or introduce any virus, malware, or other malicious code, or any content that is unlawful, infringing, defamatory, or that you lack the rights to submit;
- access or attempt to access the Service through automated means (including bots, scrapers, or crawlers) except through interfaces or APIs we expressly authorize;
- probe, scan, or test the vulnerability of, or breach or circumvent, any security or authentication measure of the Service;
- impose an unreasonable or disproportionately large load on the Service, or otherwise interfere with or disrupt its integrity or performance; or
- access or use the Service in violation of any law or regulation, or for any unlawful or unauthorized purpose.
5. Nature of the Service; Safety Acknowledgments
PLEASE READ THIS SECTION CAREFULLY. IT DEFINES WHAT THE SERVICE IS AND IS NOT, AND IT IS A FUNDAMENTAL BASIS OF THIS AGREEMENT.
5.1. The Service is an informational and organizational tool. The Service is an informational, organizational, and situational-awareness tool intended to help you track, document, and surface maintenance-related information. When used properly, it is designed to support safer aeronautical decision-making and more efficient operations. The Service is one tool within your broader operational and safety processes. It is not, and must never be treated as, a substitute for those processes. The Service does not provide legal, regulatory, or professional maintenance advice.
5.2. No substitute for pilot, mechanic, and operator responsibilities. You understand and agree that the Service is solely a tool to support, and is in no event a substitute for, any of the following, each of which remains at all times the sole responsibility of the appropriately qualified, rated, and certificated individuals. In no case shall any output of the Service — including any squawk, ticket, due-list item, inspection status, Advisory, alert, or trend or predictive analytic — be substituted for the user's own best judgment in any given situation.
- the duty of the pilot in command to determine whether the aircraft is in condition for safe flight and is airworthy before flight, to discontinue the flight when unairworthy conditions occur, and to complete adequate preflight planning, action, and inspection, in each case in accordance with all applicable Federal Aviation Regulations and other legal requirements;
- the judgment, inspection, repair, approval, and return-to-service authority of an appropriately certificated mechanic, repairman, repair station, inspector, or holder of an Inspection Authorization;
- the obligations of the owner, operator, Director of Maintenance, chief flight instructor, or other responsible person under all applicable Federal Aviation Regulations and other legal requirements (including, without limitation, those concerning maintenance, inspection, airworthiness, and recordkeeping) to maintain and inspect the aircraft in accordance with the manufacturer's instructions and maintenance program, all applicable Airworthiness Directives, and service bulletins and letters;
- the timely performance of all required inspections, maintenance, and recordkeeping; and
- maintenance of the official aircraft maintenance records required by applicable law, which the Service does not replace.
5.3. The Service depends on user-provided information. The Service displays, organizes, and analyzes information that you and your authorized users enter into it. The accuracy, completeness, and timeliness of all output from the Service depends entirely on the accuracy, completeness, and timeliness of the information entered. Company does not independently verify, inspect, or audit any aircraft, maintenance event, or record. The Service may not reflect the true or current airworthiness or maintenance status of any aircraft, and the absence of an alert, squawk, Advisory, or notification does not mean an aircraft is airworthy or free of defects.
5.4. Predictive analytics, trend detection, and AI features. Certain features of the Service identify possible recurring issues, generate trend analysis or predictive insights, or use generative or machine-learning technology to produce Advisories, regulatory references, summaries, or notifications. These features are provided to assist situational awareness and for educational purposes only. They are inherently probabilistic, may be incomplete, outdated, or inaccurate, may cite regulations that do not apply to your situation, and may fail to surface issues that do apply. They must not be relied upon as the sole basis for any maintenance, dispatch, airworthiness, or flight decision, and all such outputs must be independently verified by qualified personnel before any flight or maintenance decision. No Advisory or regulatory reference constitutes legal, regulatory, or professional advice.
5.5. Third-party and imported data. The Service may display, import, or interoperate with data from third-party sources or systems (for example, data imported from prior systems, spreadsheets, engine monitors, weather providers, or other software). Company does not control and does not warrant the accuracy, completeness, currency, or reliability of any third-party or imported data (including METARs and map data), and is not responsible for any error, omission, or outcome arising from it. You are responsible for verifying all such data and must not use it as a sole source for flight planning or operational decisions.
5.6. Your responsibility. You are solely responsible for all operational, maintenance, dispatch, and flight decisions made by you and your authorized users, whether or not informed by the Service. You agree to communicate the substance of this Section 5 to your authorized users. You knowingly and voluntarily assume all risks associated with your use of the Service and with the operation and maintenance of any aircraft.
6. Beta and Early-Access Features
From time to time Company may offer features identified as beta, preview, early-access, or experimental (including newly released Advisories and analytics features). Such features are provided for evaluation, may be incomplete, may change, and may be suspended or withdrawn at any time, and may be less reliable than generally available features. Notwithstanding anything to the contrary in this Agreement, beta and early-access features are provided "AS IS" and "AS AVAILABLE" without any warranty of any kind, and your use of them is at your own risk. Company may collect and use feedback and usage data from beta features to develop and improve the Service.
7. User Content, Data, and Privacy
7.1. Ownership. As between the parties, you own and retain all right, title, and interest in and to your User Content. You grant Company a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and use User Content solely as necessary to provide, maintain, secure, and support the Service, including processing by third-party service providers and artificial-intelligence systems as described in the Privacy Policy.
7.2. De-identified data. You agree that Company may create data derived from User Content that has been processed to remove information that could reasonably identify you, any user, or any specific aircraft or tail number ("De-identified Data"), and may use De-identified Data to operate, secure, and improve the Service, including its maintenance trend detection, safety analytics, and predictive features, and to support industry safety initiatives. Company will not sell your User Content or personal data or use it for third-party advertising. This right survives termination.
7.3. Responsibility for content. You are solely responsible for the accuracy, legality, and appropriateness of your User Content, and you represent that you have all rights necessary to submit it and that it does not infringe any third party's rights.
7.4. Privacy. Your use of the Service is subject to the Planewise Privacy Policy at planewise.app/privacy, which is incorporated by reference.
7.5. Children's privacy (COPPA). The Service is intended for aviation professionals, operators, and enthusiasts and is not directed to children under the age of 13, and Company does not knowingly collect personal information from children under 13 in violation of the Children's Online Privacy Protection Act ("COPPA"). If you are an Organization and permit any individual under 13 to use the Service (for example, as part of a youth aviation program), you are responsible for providing any direct notice to, and obtaining any verifiable parental or guardian consent from, the parents or guardians of such individuals as required by COPPA, and for complying with all laws applicable to the personal information of minors, including, where applicable, student-record laws. If Company becomes aware that it has collected personal information from a child under 13 without any consent required by law, it will take reasonable steps to delete that information. To request deletion of information relating to a child under 13, contact support@planewise.app. Additional information about how Company handles children's information is described in the Privacy Policy.
8. User Conduct, Content Standards, and Monitoring
8.1. Content standards. You are responsible for all User Content you submit, whether text (such as squawk and ticket descriptions and comments) or images (such as photographs attached to tickets). You agree not to submit, upload, or transmit any content that: (a) is obscene, pornographic, indecent, harassing, hateful, threatening, abusive, or defamatory; (b) is unlawful, infringes or misappropriates any third party's intellectual-property, privacy, or publicity rights, or violates any applicable law; (c) contains any virus, malware, or malicious code; (d) contains personal or sensitive information about any individual that you are not authorized to share; or (e) is unrelated to the legitimate aircraft-management purpose of the Service.
8.2. Right to remove; no obligation to monitor. Company has the right, but not the obligation, to monitor, review, screen, refuse, remove, or disable access to any User Content at any time, in its sole discretion and without notice or liability, including content Company believes violates this Agreement or may create risk or liability for Company. Company is not responsible or liable for any User Content or for the conduct of any user, does not endorse any User Content, and assumes no responsibility for content submitted by you or any other user.
8.3. No obligation to retain. Company has no obligation to store, retain, or maintain any User Content and may delete content in accordance with this Agreement and the Privacy Policy.
9. Copyright and DMCA Policy
Company respects the intellectual-property rights of others and expects users to do the same. If you believe that content in the Service infringes your copyright, you may submit a written notice to Company at support@planewise.app that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. Upon receipt of a valid notice, Company will respond as required by the Digital Millennium Copyright Act, including by removing or disabling access to allegedly infringing material. Persons who submit a counter-notification may do so using the process described in 17 U.S.C. § 512(g). Company may, in appropriate circumstances and in its discretion, terminate the accounts of users who are repeat infringers.
10. Subscriptions, Fees, and Trials
10.1. Certain features require a paid subscription. Fees, billing intervals, and any free-trial terms are described at the point of purchase.
10.2. Purchases made through the Apple App Store or other app store are billed by that store and governed by its terms; subscriptions purchased through an app store auto-renew unless canceled at least 24 hours before the end of the current period and are managed through your store account settings. Purchases made directly (for example, through self-serve web checkout) are billed by Company or its payment processor on the interval you select and, unless stated otherwise, auto-renew until canceled.
10.3. Except as required by law or applicable app store policy, fees are non-refundable. Company may change pricing for any renewal term upon at least thirty (30) days' notice; pricing for your then-current paid term will not change.
11. Intellectual Property
As between the parties, Company owns and retains all right, title, and interest in and to the Service and all related software, technology, algorithms, models, documentation, and intellectual property, including all improvements and derivative works and the Planewise name and logos. No rights are granted to you other than the limited access rights expressly stated in this Agreement. If you provide suggestions or feedback regarding the Service, Company may use them without restriction or obligation.
12. Disclaimer of Warranties
12.1. Availability. Company will use commercially reasonable efforts to keep the Service available, but the Service is provided over the internet and depends on factors outside Company's reasonable control (including hosting providers, networks, and third-party services), and interruptions, delays, or errors may occur. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND COMPANY DOES NOT GUARANTEE ANY LEVEL OF UPTIME, AVAILABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION, AND MAKES NO COMMITMENT REGARDING RESPONSE TIMES, ERROR CORRECTION, OR THE ACCURACY OR COMPLETENESS OF ANY OUTPUT.
12.2. Full disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND AYAN TECHNOLOGIES & CONSULTING LLC DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
12.3. Aviation-specific disclaimer. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE OR ANY ADVISORY, REGULATORY REFERENCE, OR INSPECTION CALCULATION WILL IDENTIFY ANY DEFECT, DISCREPANCY, OVERDUE INSPECTION, OR UNAIRWORTHY CONDITION, OR THAT ANY AIRCRAFT REFLECTED IN THE SERVICE IS AIRWORTHY, COMPLIANT, OR SAFE FOR FLIGHT. ALL DETERMINATIONS OF AIRWORTHINESS, REGULATORY COMPLIANCE, AND SAFETY REMAIN THE RESPONSIBILITY OF QUALIFIED PERSONNEL AS DESCRIBED IN SECTION 5.
12.4. Data loss. Company is not responsible for any loss, corruption, or unavailability of User Content, except for its obligation to make User Content available for export during the period described in Section 16. You are responsible for maintaining your own copies and backups of any records you are required to keep or consider important, including the official aircraft maintenance records required by applicable law, and should not rely on the Service as your sole system of record.
13. Limitation of Liability
13.1. Exclusion of damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR AYAN TECHNOLOGIES & CONSULTING LLC, OR THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, LICENSORS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, AIRCRAFT, EQUIPMENT, OR BUSINESS INTERRUPTION, OR FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. Cap on liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF COMPANY AND AYAN TECHNOLOGIES & CONSULTING LLC, AND THEIR SUPPLIERS AND LICENSORS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO COMPANY FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS IS AN AGGREGATE CAP, AND THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE IT.
13.3. Allocation of risk. You acknowledge that the fees (if any) and the availability of the Service reflect the allocation of risk in this Agreement and that Company would not provide the Service on these terms without these limitations. These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions or limitations; in such jurisdictions, liability is limited to the maximum extent permitted by law.
14. Indemnification
You will defend, indemnify, and hold harmless Company and Ayan Technologies & Consulting LLC and their members, managers, officers, employees, contractors, and agents (each an "Indemnified Party") from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content or the information you or your authorized users enter into the Service; (b) your or your authorized users' use of the Service; (c) any operational, maintenance, dispatch, airworthiness, or flight decision made by you or your authorized users, whether or not informed by the Service; (d) any maintenance, inspection, repair, alteration, or related service performed on, or omitted from, any aircraft by any person, whether or not informed by the Service; (e) your reliance on any Advisory or output of the Service; or (f) your breach of this Agreement or violation of applicable law.
As a condition of indemnification, the Indemnified Party will: (i) give you prompt written notice of the claim (provided that a delay in notice reduces your obligations only to the extent you are actually prejudiced); (ii) allow you to control the defense and settlement of the claim, except that you may not settle any claim in a manner that imposes any liability or obligation on, or requires any admission by, an Indemnified Party without that party's prior written consent; and (iii) provide reasonable cooperation at your expense. The Indemnified Party may participate in the defense with its own counsel at its own expense.
15. Insurance
You are responsible for maintaining insurance appropriate to your operations and sufficient to cover your obligations and risks in connection with the operation and maintenance of any aircraft, including any commercial general liability and aviation/aircraft liability insurance customary for operations of your type and size. Your insurance is primary as to your operations, and your insurance obligations are independent of, and do not limit, your indemnification obligations under Section 14.
16. Suspension and Termination
16.1. Suspension. Company may suspend or restrict access to the Service, in whole or in part, immediately and without prior notice where Company reasonably determines that there is a security threat, vulnerability, or incident affecting the Service or your account; that you or an authorized user have violated Section 4 or Section 8 or are using the Service in a harmful, unlawful, or unauthorized manner; or that suspension is required to comply with law or a governmental request or to prevent harm to the Service or other users. Company will limit the scope and duration of any suspension to what it reasonably considers necessary. Company may also suspend access for non-payment of any undisputed overdue amount after reasonable notice.
16.2. Termination. Company may terminate this Agreement or your access to the Service at any time for material breach, non-payment, or as otherwise permitted by law. You may stop using the Service and close your account at any time.
16.3. Effect. Upon termination or expiration, your right to access the Service ends. For a period of thirty (30) days after termination, Company will, upon your written request, make your User Content available for export in a commercially reasonable format, after which Company may delete it in the ordinary course, subject to applicable law and the Privacy Policy. Any provision that by its nature should survive termination will survive, including those addressing User Content and data (Sections 2, 7), restrictions (Section 4), safety acknowledgments (Section 5), content standards and monitoring (Section 8), intellectual property (Section 11), warranty disclaimers (Section 12), limitation of liability (Section 13), indemnification (Section 14), insurance (Section 15), and governing law and dispute resolution (Section 17).
17. Governing Law; Arbitration; Jury and Class-Action Waiver; Time to Bring Claims
17.1. Governing law and venue. This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to Section 17.2, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida, except that either party may seek injunctive relief in any court of competent jurisdiction.
17.2. Informal resolution; arbitration. Before initiating arbitration, the party raising a dispute will send a written notice of dispute to the other party (to Company at support@planewise.app) describing the dispute and the relief sought, and the parties will attempt in good faith to resolve it for thirty (30) days after the notice is received. If the dispute is not resolved within that period, then, except for claims for injunctive relief or for the protection of intellectual property, any dispute arising out of or relating to this Agreement or the Service will be finally resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or, for business users, its Commercial Arbitration Rules), before a single arbitrator, with the seat of arbitration in the State of Florida. Judgment on the award may be entered in any court of competent jurisdiction.
17.3. Waivers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT DISPUTES WILL BE BROUGHT ONLY IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
17.4. Time to bring claims. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE IT IS PERMANENTLY BARRED.
17.5. Effect of an unenforceable class-action waiver. If the class-action, collective-action, or representative-action waiver in Section 17.3 is found to be unenforceable or invalid as to any dispute or claim, then the arbitration provision in Section 17.2 shall be null and void as to that dispute or claim, which shall instead be resolved exclusively in the courts identified in Section 17.1; the jury-trial waiver in Section 17.3 shall remain in effect. In no event will any class, collective, or representative claim be resolved in arbitration.
18. Relationship to Other Agreements; Order of Precedence
If you or your Organization have entered into a separate written agreement with Company governing use of the Service (such as a Planewise Software Subscription Agreement or Master Services Agreement), that separate agreement governs and controls to the extent of any conflict with this Agreement as to the parties to it. Absent such an agreement, this Agreement, together with the Privacy Policy and any posted addenda, is the entire agreement between you and Company regarding the Service and supersedes all prior agreements and communications on the subject.
19. Changes to This Agreement
Company may modify this Agreement at any time. Any modification is effective when the revised Agreement is posted at planewise.app/terms, as indicated by the "Last updated" date at the top. Company is not obligated to provide, and generally will not provide, individual or advance notice of changes. It is your responsibility to review the current Agreement periodically. Your continued access to or use of the Service after the revised Agreement is posted constitutes your acceptance of the revised Agreement. If you do not agree to the current Agreement, your sole remedy is to stop using the Service and, if applicable, not renew.
20. Electronic Communications and Consent
By creating an account or using the Service, you consent to receive communications from Company electronically, including by email, push notification, and in-product message, and you agree that all agreements, notices, disclosures, and other communications Company provides electronically satisfy any legal requirement that such communications be in writing. You consent to the use of electronic records and electronic signatures and waive any right under any law requiring an original, non-electronic signature or the retention of non-electronic records. Service-related and transactional communications (such as ticket, inspection, and account notifications) are part of the Service; if you disable them, you may not receive important information.
21. App Stores
Where you obtain the Planewise mobile application through a third-party app store or distribution platform, including the Apple App Store or Google Play (an "App Store"), use of that application is also subject to the App Store's applicable terms, and the following apply: (a) this Agreement is between you and Company only, and not with any App Store provider, and the App Store providers are not responsible for the application or its support; (b) the license granted for the application is limited to use on devices that you own or control as permitted by the applicable App Store terms; (c) the App Store provider has no obligation to furnish any maintenance or support for the application, and in the event the application fails to conform to any applicable warranty, you may notify the App Store provider, which may refund the purchase price (if any), and to the maximum extent permitted by law the App Store provider has no other warranty obligation; (d) Company, not the App Store provider, is solely responsible for the application and its content, maintenance, support, and warranty, and for addressing any claims relating to the application (including product-liability, regulatory, and intellectual-property claims); and (e) Apple Inc. and its subsidiaries, and Google LLC and its affiliates, are third-party beneficiaries of this Agreement with respect to the application obtained through their respective App Stores, and upon your acceptance each will have the right to enforce this Agreement against you as a third-party beneficiary. 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 are not on any U.S. Government list of prohibited or restricted parties.
22. Force Majeure
Company is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, outages, network or hosting-provider failures, labor disputes, or governmental action. This Section does not excuse your obligation to pay fees for the Service.
23. Export and Sanctions
You will comply with applicable U.S. export-control and economic-sanctions laws. You represent that you are not located in, or ordinarily resident in, any country or territory subject to comprehensive U.S. sanctions, are not identified on any U.S. Government list of prohibited or restricted parties, and will not use the Service in violation of any such laws.
24. Miscellaneous
The parties are independent contractors. Except as expressly provided in Section 21 (App Stores), this Agreement creates no third-party beneficiary rights. You may not assign this Agreement without Company's prior written consent; Company may assign it to an affiliate or successor. If any provision is held unenforceable, the remaining provisions remain in effect. Company's failure to enforce any right is not a waiver.
25. Contact
Questions about this Agreement: support@planewise.app.
By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.