These terms are the agreement between Avion Desk, LLC (“we”, “us”) and the organization that subscribes to Avion Desk (the “operator”, “you”). By creating an operator or using the service, you agree to them. If you accept them for an organization, you confirm you may bind it.
Accounts and who may use the service
The service is for businesses and the people who work with them. Anyone who signs in must be at least 16 and must give accurate details.
The operator decides who it invites, as members or as client portal users, and what each may do. The operator is responsible for what its users do in the service, for keeping their access up to date, and for removing people who should no longer have it. Tell us at once at [email protected] if you think an account has been misused.
Trial, subscription and billing
- A new operator starts with a free 30-day trial. No card is needed to start it.
- After the trial, the subscription is charged monthly for each active aircraft, at the price shown when you subscribe. An aircraft added during a period is charged when it is added; removing one lowers the charge from the next period.
- Billing, payment and sales tax are handled by Stripe. You keep a valid payment method on file and pay the invoices Stripe sends.
- Launch Assist, our optional onboarding help where we load your existing data, is a one-time charge for each company, agreed before it starts.
- If a payment fails, you have 14 days to fix it before the account becomes read-only.
- You can cancel at any time from the Billing page, through Stripe. The subscription then runs to the end of the period you have paid for, and the account becomes read-only.
- Payments are not refunded. A monthly subscription you cancel stays active to the end of the month you have paid for and then stops; there are no refunds for part of a month.
- Launch Assist is refunded in full only if you cancel it before we have started loading your data; once we have started, it is not refunded.
- The 30-day free trial is the way to try the service before you pay for it.
- We may change prices with at least 30 days’ notice; a change applies from your next billing period.
While an account is read-only, its members can still sign in, see and export its records, but cannot add or change anything until a subscription is active again.
Acceptable use
You agree not to, and not to let your users:
- break any law or regulation, or use the service to help someone else do so;
- enter information about people that you have no right to hold or share;
- upload malware, or anything that infringes someone else’s rights;
- try to reach another operator’s data, test or bypass the service’s security, or overload it;
- copy, resell or rent the service, or reverse engineer it except where the law allows;
- use the service to build a competing product;
- send spam or misleading messages through the service’s emails or portal.
We may suspend access that puts the service, its users or others at risk. Where we can, we will warn you first and explain why.
Aviation: the service is an aid, not an authority
Avion Desk helps a flight department keep its records and plan its work. It does not replace any of the following, and you must not rely on it in their place:
- your obligations under the aviation rules that apply to you, and your own operating procedures;
- the final authority of the pilot in command over the flight;
- your approved maintenance program, the aircraft’s maintenance records, and the people who certify airworthiness;
- official sources of airport, weather, airspace, customs and regulatory information.
Duty and rest calculations, maintenance due dates and forecasts, risk assessments, and airport, time-zone or other reference data are aids only. They are only as good as the information entered and may be wrong or out of date. You remain responsible for checking them and for every operational decision.
Your data
The records you enter belong to you. You give us permission to store and process them only to provide the service to you, as our Privacy Policy describes. You are responsible for having the right to enter the information you enter, including telling your crew, passengers and clients how it is used.
Connected services
You can connect other services, such as QuickBooks Online or a maintenance tracking provider. A connection is your choice; the other service’s own terms apply to it, and we are not responsible for it. Before you connect, we show what will be sent and received. You can disconnect at any time.
Availability and changes to the service
The service is in an early (beta) stage. We work to keep it available and your data safe, but we do not promise any particular uptime, and there is no service level agreement. Features may change, and we may add or remove some; we will tell you before removing something you rely on, where we can.
Disclaimers
Apart from what these terms say, the service is provided “as is” and “as available”. To the extent the law allows, we make no other promises, express or implied, including that it is fit for a particular purpose, error-free or uninterrupted.
Limitation of liability
To the extent the law allows: we are not liable for indirect or consequential losses, lost profits or revenue, lost data you could have exported, or any operational decision made using the service. Our total liability for any claim about the service is limited to the amount you paid us for it in the 12 months before the claim. Nothing here limits liability that the law does not allow to be limited.
Indemnity
You will defend us against, and cover our reasonable costs from, claims by others that arise from the information you enter, your use of the service in breach of these terms, or your operations.
Ending the agreement, and your data
You can stop at any time by canceling your subscription. We may end the agreement with 30 days’ notice, or at once if you seriously breach these terms or fail to pay.
When the agreement ends, you can still sign in and export your records while the account is read-only. Expenses, invoices and the fleet summary can be downloaded as CSV files from the service, and you can download a full export from Settings at any time. One year after the account closes we delete your data, as the Privacy Policy describes.
Governing law
These terms are governed by the laws of the State of Texas, United States, and any dispute will be heard in the courts of Texas.
Changes to these terms
We may update these terms. We will change the date at the top and, for a significant change, tell operators’ administrators at least 30 days before it applies. Using the service after that date means accepting the new terms.
Contact
Questions about these terms go to [email protected].
