JET EXPIRY ALERT LLC

TERMS OF SERVICE

 

These Terms of Service (“Terms”) governs the contractual relationship between:

 

  • Jet Expiry Alert LLC, a company incorporated under the State of California, USA, having its registered office at PO Box 1204, La Canada Flintridge, 91011 California, USA (hereinafter referred to as “Company”, “we”, “our”, and “us”),

 

and

 

  • each private aviation staff member, pilot, flight attendant, ground crew, private aviation management company, individual, entity, user or visitor (collectively “you” or “your”) (i) accessing Company’s located at www.jetexpiryalert.com (“Website”) and mobile application, namely, Jet Expiry Alert (the “Mobile App”), and/or (ii) using the Services (as defined under Section 3.1 of these Terms) via the Website and Mobile App.

 

You and Company shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.

 

Please read these Terms carefully before using the Website and/or Mobile App. Your access to the Website and/or Mobile App and your use of the Services (as defined below) is conditioned upon your acceptance of and compliance with these Terms.

 

Please read these Terms carefully and retain a copy for your reference.

 

  1. Acceptance of Terms

 

By accessing the Website and/or Mobile App and by using the Services (as defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services (defined below), and (ii) refrain from accessing/using the Website and/or Mobile App.

 

Your continued use of the Website, Mobile App and Services shall be deemed to constitute your acceptance of these Terms.

 

  1. Modification of Terms

 

Company reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically so as to stay abreast of any changes to the Terms. Your continued access to the Website and/or Mobile App and your continued use of the Services (defined below) following the posting of any changes to these Terms shall be subject to the newly modified Terms.

 

  1. Services and Mobile App

 

  • Company provides you, through our Mobile App, with a cabin stock inventory management system that allows you to scan the barcodes of everyday consumer products (including but not limited food items, over the counter drugs, and beauty, dental and hair products) so as to keep track of their expiration dates (the “Service(s)”).

 

  • Company does not offer any guarantees with regards to the Services. Therefore, you hereby acknowledge and agree that:

 

  • you shall have access to the Services in accordance with the features of the Subscription Plan (defined below) you have selected and purchased on the Website and/or Mobile App;
  • you shall be solely and exclusively responsible for any and all decisions, actions or inactions you may choose to take/make whilst accessing and using the Services and Mobile App; and
  • Company shall not be liable for any result or non-result or any consequences which may occur due to your access to and use of the Services and Mobile App.

 

  • You acknowledge and agree that you are solely responsible for the accuracy of all information you input into the Mobile App, including but not limited to product details and expiration dates. Company shall not be liable for any errors, omissions, or inaccuracies resulting from your input of information, whether entered manually or through barcode scanning.

 

  • You acknowledge and agree that the Mobile App is intended as a tool to assist with inventory management and expiration date tracking, but it is not a substitute for your own review and verification of product information. You remain solely responsible for confirming the accuracy of all product and expiration information.

 

  • You may connect to the Service using any Internet browser supported by the Website and/or Mobile App. You acknowledge that you shall solely be responsible for obtaining access to the Internet and the computer equipment/mobile phone/tools necessary to use the Services on the Mobile App.

 

  • You acknowledge that Company may add, change, suspend, remove or discontinue any part/content or all of the Services, Website and/or Mobile App, in its sole discretion at any time, without notice and for any or no reason.

 

  • License Grant. Subject to these Terms and your timely payment of applicable Subscription Plan (defiend below) fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile App on devices you own or control and to access and use the Services solely for your internal business use.

 

  • License Restrictions. You will not: (i) copy, modify, or create derivative works of the Mobile App or Services; (ii) rent, lease, lend, sell, sublicense, assign, distribute, or otherwise transfer the Mobile App or any right to use the Services; (iii) reverse engineer, decompile, or disassemble the Mobile App except to the extent such restriction is prohibited by law; (iv) remove, alter, or obscure any proprietary notices; or (v) access the Services to build a competitive product or service.

 

  • App Store Terms. If you download the Mobile App from the Apple App Store or Google Play Store, you acknowledge that: (i) these Terms are between you and Company only; (ii) Apple/Google are third-party beneficiaries and may enforce these Terms against you; (iii) your use of the Mobile App must comply with the applicable app store’s terms; (iv) Apple/Google have no obligation to furnish any maintenance and support; (v) in the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple/Google, and Apple/Google may refund the purchase price (if any); and (vi) Apple/Google are not responsible for addressing any claims relating to the Mobile App or your possession and/or use of the Mobile App.

 

  • Open Source. The Mobile App may contain open-source components subject to separate licenses. To the extent of any conflict, the open-source license terms control with respect to those components.

 

  • Company may provide updates, patches, or new releases (collectively, “Updates”). Some Updates may be required to continue using the Services. You consent to receive and install Updates automatically.

 

  • User Inputs and Inventory Data. You retain your rights in the information and Inventory Data you input into the Mobile App. You grant Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and use such data solely to provide, maintain, secure, and improve the Services.

 

  • Feedback. If you provide feedback, suggestions, or ideas regarding the Services (“Feedback”), you grant Company a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, disclose, sublicense, and commercialize the Feedback without restriction or attribution.

 

  • De-identified and Aggregated Data. Company may create de-identified and/or aggregated data from Personal Information and Inventory Data and may use and disclose such data for analytics, product improvement, and benchmarking, provided it does not identify you or any individual.

 

  1. Registration, Password and Security

 

  • To be able to use the Services on the Mobile App, you must first register with Company through our online registration process on our Mobile App, by providing all required information which shall include but not be limited to your email address. A link shall thereafter be sent by Company to your selected email address to verify your details. Once your email address has been verified, an account shall be opened by Company, in its sole discretion, for you on the Mobile App (“User Account”).

 

  • Each User Account is personal, non-transferable and may only be registered and used by one (1) single individual. You may not access any third-party’s account or authorize any third-party to access your User Account and use the Services on your behalf. You acknowledge and agree that Company may, in its sole discretion, deny you access to its Website, Mobile App and/or Services for any reason or no reason at all.

 

  • You agree to (i) provide true, accurate, current and complete information about yourself as prompted by Company’s registration process on the Mobile App, and (ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times. If you provide any information to Company that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may close your User Account on the Mobile App, and deny you the ability to access and use the Services. You agree to hold Company harmless and bear full responsibility for all damages accrued by Company in the event of any violation of the obligations provided under this Section 4.3.

 

  • You may indicate, during the registration process, to Company your User Account’s username (which shall be your registered email address) and your choice of password to be used as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under your User Account. You agree to notify Company immediately of any unauthorized use of your User Account or any other breach of security. Company shall not be liable for any loss that you may incur as a result of any third-party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses incurred by Company due to any third-party using your Login Credentials and/or User Account. You acknowledge and agree that you may not (a) use the User Account of another user registered on the Mobile App, and further acknowledge that User Accounts are for use by one user only, and (b) impersonate any individual or entity, or falsely state or otherwise misrepresent any affiliation with an individual or entity when accessing the Website and Mobile App and when using the Services.

 

  • Deletion of User Account. Should you wish to delete your User Account, you may contact Company using the ‘contact us’ link on the Website with your request to delete your User Account. Following such request, Company will permanently delete your User Account, as well as any data contained in the User Account, within thirty (30) days, subject to any longer retention that is required by law (e.g. tax, accounting or fraud prevention). You acknowledge and agree that by submitting a request to delete your User Account, you will no longer be able to access and use the Services. Company shall not be liable for any damages caused from such deletion of your User Account. The provisions of Section 16 (Suspension, Termination and Cancellation of Subscription Plan) shall also apply in case of the deletion of your User Account.

 

  1. Subscription Plans, Subscription Fees, Payment Method and Taxes

 

  • Subscription Plans. Company currently offers you with one (1) free and three (3) paid subscription plans on the Website and Mobile App that enables you to use the Services (“Subscription Plan(s)”). Each Subscription Plan includes the features of the Subscription Plan that you will have access to as well as the applicable fee. The features of the Subscription Plans are further detailed on the Website and Mobile App.

 

  • Subscription Fees. A valid payment method, including but not limited to credit card, debit card, Apple Pay or Google Pay account is required to process the payment for your selected paid Subscription Plan. Company will process your payment via one of Company’s third-party payment processors, namely Stripe. When you purchase a Subscription Plan, you shall provide Company with your full name, email address, and credit or debit card details. By submitting such payment information, you automatically authorize Company and our third-party payment processors to charge the Subscription Plan fees to your credit card, debit card, Apple Pay or Google Pay account in full for (i) the applicable Subscription Plan fee, (ii) any other charges as agreed between the Parties, and (iii) any and all applicable taxes.

 

  • Free Trials. If offered, free trials convert to paid plans at the end of the trial unless you cancel before the trial ends. You may not receive more than one free trial per user unless we state otherwise.

 

  • You will be billed on a recurring and periodic basis (“Billing Cycle”). Billing Cycles may be set on a monthly, bi-annual, and annual basis.

 

  • You shall be responsible for providing us with true, current, complete and accurate billing and contact information.

 

  • You warrant that you are authorized to use your chosen credit card, debit card, Apple Pay or Google Pay account as a payment method.

 

  • You acknowledge and agree that the fees for your selected paid Subscription Plan shall be (i) quoted and payable in United States dollars; (ii) non-refundable; and (iii) payable on time and in full.

 

  • If Company does not receive payment from your verified payment method on the due date, you shall immediately pay all amounts due to Company upon request. Should Company be unable to collect all such outstanding amounts, Company may in its sole discretion close and cancel your User Account and access to the Services without any notice to you.

 

  • Chargebacks. You agree not to file chargebacks without first providing us a reasonable opportunity to resolve your concern. We may suspend or terminate access for suspected fraudulent or abusive chargebacks.

 

  • Company may in its sole discretion and at any time, modify the Subscription Plan fees. However, any modifications to the Subscription Plan fee (i) will not affect the fee you agreed to pay, on the commencement date of your selected Subscription Plan, to Company for the Services, and therefore (ii) shall remain unchanged for the duration of your Subscription Plan.

 

  • You agree to notify Company of any billing queries and errors within thirty (30) days after receipt of your invoice. Should you not notify Company of any billing queries and/or errors, such absence of notification on your part shall be deemed to constitute your waiver of your right to dispute such queries and errors at a later date.

 

  • Company does not guarantee that the Subscription Plans and Services offered on the Website and Mobile App will be offered indefinitely and reserves the right to change the Subscription Plan fees and Services, and to alter the features and options associated with any particular Subscription Plan or Services.

 

  • Taxes. Unless stated otherwise on the Website and/or Mobile App, or under these Terms, all fees due for your use of and access to the Website and Mobile App, shall be exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, whether disputed or not, including any value-added, sales, use or withholding taxes, assessable by any jurisdiction (“Taxes”). You shall be responsible for the payment of any and all Taxes (except for those based on Company’s income) associated with the purchase of the Services on the Website and/or Mobile App. You hereby indemnify and hold Company harmless from the payment of any Taxes and costs associated with the collection or withholding thereof, including penalties and interest. If Company is under a legal obligation to pay or collect Taxes for which you are responsible under this Section 5.11, the applicable amount shall be invoiced to and paid by you unless you provide Company with a valid tax exemption certificate from the applicable taxing authority.

 

  1. Acceptable Use of the Website and Mobile App

 

  • You may not use the Website and/or Mobile App to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation, (ii) in a manner that infringes upon Company’s Intellectual Property Rights (as defined below) or upon any third-party’s intellectual property rights, (iii) in a manner that violates the privacy or other personal rights of third parties, (iv) that is defamatory, damaging, disruptive, obscene, threatening, abusive or hateful, and/or (v) in order to upload, post, email, transmit, or otherwise make available any content that (a) is deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, vexatious, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; and (b) incites, encourages or threatens immediate physical harm against another including, but not limited to content (1) promoting racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (2) soliciting personal information from anyone under the age of eighteen (18) or exploits anyone in a sexual or violent manner.

 

  • When accessing the Mobile App, you shall be prohibited from:

 

  • using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Mobile App;
  • taking any action that imposes an unreasonable or disproportionately large data load on the Website’s or Mobile App’s infrastructure;
  • copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website and/or Mobile App without Company’s prior written consent;
  • accessing, tampering with, or use non-public areas of the Website, Mobile App and/or Services, of Company’s computer systems and/or of its third-party providers’ technical delivery systems;
  • probing, scanning, or testing the vulnerability of any of Company’s system or network or breach or circumvent any of Company’s security or authentication measures;
  • accessing, searching or attempting to access or search the Website and/or Mobile App, by any means other than through Company’s currently available, published interfaces that are provided by Company, unless you have been specifically allowed to do so in a separate agreement with Company;
  • reverse-assembling, reverse-engineering, decompiling or otherwise attempting to discover any source code relating to the Website and/or Mobile App or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • attempting to access any area of the Website and/or Mobile App to which access is not authorized;
  • using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website and/or Mobile App;
  • conducting any systematic or automated data collection activities on or in relation to the Website and/or Mobile App, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without Company’s prior written consent;
  • using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website, and/or Mobile App;
  • disrupting or interfering with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website and/or Mobile App;
  • uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  • forging any TCP/IP packet header or any part of the header information in any email or posting, or in any way using the Mobile App to send altered, deceptive or false source-identifying information;
  • intentionally or unintentionally violating any local, state, federal, national or international law, in addition to any rules of any nation, and any regulations having the force of law;
  • impersonating any other person or entity, selling your profile, providing false or misleading identification, payment or address information, or invading the privacy, or violating the personal or proprietary right, of any person or entity; and/or
  • collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

 

  1. Representations and Warranties

 

You hereby represent and warrant that your access to the Website and/or Mobile App, and your use of the Services will:

 

  • be in accordance with these Terms;
  • comply with all applicable laws, regulations and rules (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data);
  • not be for any unlawful purposes;
  • not entail, imply or give rise to the publication of any illegal content;
  • not further any illegal activities;
  • not infringe upon or misappropriate any Company’s Intellectual Property Rights (defined below) or any third-party’s intellectual property rights;
  • will not involve uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any third-party; and
  • not be used to create, distribute, facilitate or operate in conjunction with malware, spyware, adware, or other malicious programs or code.

 

  1. Disclaimer of Warranties

 

  • Unless otherwise provided under these Terms, the Services shall be provided by Company to you "as is," and “as available” with all faults, defects, bugs, and errors.

 

  • COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION. SUCH EXCLUSIONS OF IMPLIED WARRANTIES APPLY WITHIN THE EXTENT PERMITTED BY LAW.

 

  • COMPANY AND/OR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE, MOBILE APP, AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE, MOBILE APP, AND SERVICES FOR ANY PURPOSE. COMPANY AND/OR ITS GROUP AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE, MOBILE APP, AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

  • YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE, MOBILE APP, AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.

 

  • NEITHER COMPANY NOR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE, MOBILE APP, AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.

 

  • COMPANY PROVIDES YOU WITH THE SERVICES ON THE WEBSITE AND MOBILE APP IN GOOD FAITH AND AS SUCH MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE, MOBILE APP, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) ANY DEFECTS ON THE WEBSITE, MOBILE APP, AND/OR SERVICES WILL BE CORRECTED, OR (IV) THE WEBSITE, MOBILE APP AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

  • Product Recognition Disclaimer. While the Mobile App is designed to recognize a large number of products, Company makes no guarantee that all products will be identified or that all recognition results will be accurate. Where a product is not recognized, you are responsible for entering the product details manually. Company shall not be liable for any errors, omissions, or consequences resulting from unrecognized products.

 

  • No Medical or Safety Advice. The Services are informational tools for inventory and expiration tracking only and are not medical, pharmaceutical, food safety, or regulatory advice. You are solely responsible for verifying product suitability, storage, safety, and expiration information, and for complying with applicable regulatory and operational requirements.

 

  • Downtime. You acknowledge that the Services may be temporarily unavailable due to scheduled maintenance or for unscheduled emergency maintenance, conducted either by Company or by third-party service providers, or due to other causes beyond Company’s reasonable control. Where reasonably possible, Company’ shall use reasonable efforts to provide you with advance written notice via e-mail as pertains to any scheduled service disruption.

 

  1. Intellectual Property

 

  • All text, graphics, logos, images, software content, trademarks, third-party logos and names, data, or information contained in any materials, or documents used by Company in relation to the Website, Mobile App, and Services, including, but not limited to, any and all copyrighted works, databases, text, tools, software, technology, algorithms, graphics, icons, designs, logos, hyperlinks, domain names, codes, and agreements (“Materials”), are the sole and exclusive property of or are licensed to Company and as such all updates and modifications to the Website, Mobile App, and Services will vest in us or our licensors. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without our prior written permission.

 

  • Any and all intellectual property rights in the Materials, Website, Mobile App, and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Company’s Intellectual Property Right(s)”), vests solely and exclusively in Company, its group affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by Company to you are reserved by Company. Save as expressly set out herein, you shall not acquire any right, title or interest in Company’s Intellectual Property Rights.

 

  1. Indemnification

 

  • You agree to indemnify and hold Company harmless from and against any liability, demand, damages, cost, or expense arising from any third-party claim based on: (i) your violation of these Terms; (ii) your use or misuse of the Service(s); and/or (iii) your infringement of Company’s Intellectual Property Rights. You agree further, to indemnify and hold harmless Company from any claims, damages, or losses arising out of or related to your reliance on inaccurate product recognition, your failure to verify expiration dates, or your incorrect input of data.

 

  • Company shall indemnify and hold you harmless from and against any liability or expense arising from a third-party claim based on any Negligence of Company. “Negligence” shall mean gross negligence or intentional misconduct.

 

  • In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.

 

  • Company reserves the right to assume exclusive legal defense in any matter subject to indemnification, and you agree to cooperate.

 

  1. Limitation of Liability

 

  • COMPANY, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, MOBILE APP, AND/OR FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  • WHILE COMPANY TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, COMPANY AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE, MOBILE APP, AND/OR THROUGH YOUR USE OF THE SERVICES.

 

  • YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF PRIVACY, CONFIDENTIAL INFORMATION AND PROPERTY. COMPANY SPECIFICALLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, ORAL OR IN WRITING, CONCERNING THE VIABILITY OR COMPLIANCE WITH APPLICABLE LAWS OF THE SERVICES IN A PARTICULAR COUNTRY, TERRITORY, OR REGION.

 

  • NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, COMPANY, ITS AFFILIATES (IF ANY), ITS LICENSORS AND ITS VENDORS AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, AND IF FOUND LIABLE, SUCH LIABILITY SHALL AT ALL TIMES BE LIMITED TO THE TOTAL SUBSCRIPTION PLAN FEES PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR IF YOU ARE ON A FREE SUBSCRIPTION PLAN A MAXIMUM OF ONE HUNDRED U.S. DOLLARS ($100,00).

 

  • Company acknowledges that in some jurisdiction’s liability limitations may not be accepted, in such cases, Company’s liability shall be limited to the minimum extent allowed under applicable law.

 

  • In addition to the foregoing, Company shall not be liable for any loss, damage, or consequence arising from (i) your failure to timely or correctly input inventory or expiration date information, (ii) the Mobile App’s inability to recognize a product, or (iii) your reliance on automated recognition results without verification.

 

  1. Third-party Links and Resources

 

The Website, Mobile App, and/or Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that Company shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources.

 

Your communications, interactions or business transactions/dealings with any third-party found on or through the Website, Mobile App, and/or the Services, including any such third-party’s terms, conditions, warranties or representations associated with such communications, interactions or business transactions/dealings, shall be solely between you and such third-party. You acknowledge and agree that Company shall not be liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third-party found through (i) the Website and Mobile App, and/or (ii) your use of the Services.

 

BEFORE VISITING THIRD-PARTY WEBSITES AND/OR RESOURCES VIA COMPANY’S WEBSITE, MOBILE APP, AND SERVICES, IT IS RECOMMENDED THAT YOU (I) REVIEW THE THIRD-PARTY’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER APPLICABLE CONTRACTUAL DOCUMENTATION, AND (II) INFORM/EDUCATE YOURSELF ON THE APPLICABLE REGULATIONS, POLICIES AND PRACTICES OF THE THIRD-PARTY WEBSITES AND/OR RESOURCES.

 

  1. Privacy Policy

 

Your use of the Website, Mobile App and Services is subject to Company’s Privacy Policy, available at JetExpiryAlert.com/privacypolicy . Company’s privacy Website governs the use, processing, storage and collection of the personal information you may provide to Company through your access to the Website, Mobile App and Services. Please review our Privacy Policy to understand how your personal information is collected, processed, used and stored.

 

  1. Electronic Communications

 

By accessing the Website, and using the Mobile App and Services, or communicating with Company via email, you consent to receive electronic communications from Company. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

 

  1. International Users

 

Company currently operates within the United States and Canada. If you access the Website and/or Mobile App from outside the United States and Canada, you shall be solely responsible for complying with local laws and regulations. You agree not to use Company’s Services in any jurisdiction where such use violates applicable laws.

 

  1. Suspension, Termination and Cancellation of Subscription Plan

 

  • Company may suspend or temporarily disable access to all or part of the Website, Mobile App, User Account, or Services if (i) Company suspects you of partaking in any illegal activity; (ii) Company reasonably believes that you have violated these Terms; (iii) your User Account is not verified during the registration process; or (iii) applicable law enforcement or other government agencies have requested Company to suspend or temporarily disable your access to the Website, Mobile App, and/or Services.

 

  • If Company breaches any of its obligations under these Terms, you may terminate these Terms and close your User Account. Upon, your termination of these Terms and closing of your User Account, Company may (i) block your access to all of the Website and Mobile App, (ii) block your use of the Services, (iii) disable your User Account, and (iv) delete all of your data in your User Account.

 

  • Auto-Renewal and Cancellation. Paid Subscription Plans automatically renew at the end of each Billing Cycle for successive periods equal in length to the initial term, unless you cancel at least 24 hours before the end of the then-current Billing Cycle through your account settings or the applicable app store. You may continue to access the Services until the end of your current paid term after cancellation. We will provide advance notice of any price changes in accordance with applicable law; continued use after the effective date of the price change constitutes acceptance. If you do not agree to a price change, you must cancel before it takes effect.

 

  1. Dispute Resolution

 

Should any dispute arise between you and Company, as to the meaning or application of these Terms, the rights or liabilities of the Parties, or otherwise in relation to these Terms, then without prejudice to any other express or implied rights or powers, the dispute or claim (“Dispute") shall be resolved as follows:

 

  • A Party must not commence arbitration or court proceedings (except proceedings seeking interlocutory relief) relating to a Dispute arising under these Terms unless it has complied with this Section 17;
  • A Party claiming that a Dispute has arisen under these Terms must give the other Party written notice of the particulars of the Dispute;
  • In the event of a Dispute, between the Parties hereto, arising out of the use of the Services, or in any way relating to these Terms or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, the Parties will use their reasonable best efforts to resolve any Dispute hereunder through good faith negotiations. A Party must submit a written notice to the other Party, and any Dispute that cannot be resolved within thirty (30) calendar days of receipt of such notice (or such other period to which the Parties may agree) via negotiation, either Party may initiate binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (if applicable) or Commercial Arbitration Rules (if the Consumer Rules do not apply), before a single arbitrator in Los Angeles County, California. The arbitration will be confidential. Either Party may seek temporary injunctive relief in a court of competent jurisdiction to preserve the status quo pending arbitration.
  • Either Party may bring an individual claim in small claims court in Los Angeles County, California.
  • Class Action Waiver applies to the fullest extent permitted by law.
  • You may opt out of arbitration within thirty (30) days of first accepting these Terms by sending written notice to support@jetexpiryalert.com . If you opt out, the exclusive venue will be the state or federal courts located in Los Angeles County, California, and you waive a jury trial.

 

The arbitrator’s decision shall be final and legally binding.

 

Each Party shall bear their respective arbitration costs unless otherwise determined. The arbitrator may award fees and costs as permitted by applicable law.

 

  1. Governing Law and Jurisdiction

 

This Agreement shall be construed and enforced in accordance with the laws of California, USA.

 

The American Arbitration Association located in Los Angeles County, California, USA shall have exclusive jurisdiction to settle any Disputes which may arise out of or in connection with this Agreement. The decisions of the American Arbitration Association shall be binding on the Parties and settle any Dispute which may arise out of or in connection with this Agreement.

 

  1. Class Action Waiver

 

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both Parties agree, no arbitrator or judge may consolidate more than one party’s claims or otherwise preside over any form of a representative or class proceeding.

 

  1. Export Control and Sanctions

 

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in, and will not access or use the Services from, any country or territory subject to comprehensive U.S. embargoes or sanctions, and you are not a person identified on any U.S. or other applicable sanctions or restricted party lists. You will comply with all applicable export control and sanctions laws in connection with your use of the Services.

 

  1. General Provisions

 

  • Non-Exclusivity. These Terms do not create an exclusive relationship between the Parties. Company is free to engage with other clients and to provide the same or similar Services as provided by Company to you under these Terms. You shall be entitled to solicit and engage with other third-party entities/companies in order to obtain and access same or similar services and/or products.

 

  • Independent Contractor. You acknowledge and agree that no partnership, employment, or joint venture relationship exists between you and Company by using the Website, Mobile and/or Services.

 

  • Force Majeure. Neither Party will be liable for any delay or failure to perform due to events beyond its reasonable control, including acts of God, labor disputes, epidemics, pandemics, failure of suppliers, utilities or communications, shortages, war, terrorism, or governmental actions, provided the affected Party uses reasonable efforts to mitigate the impact. Payment obligations are not excused.

 

  • In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render the remaining provisions of these Terms unenforceable or invalid, and, in such event, such remaining provisions shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decision(s).

 

  • No Waiver. Save for section 5.9, each Party agrees that any delay or omission on the part of the other Party to exercise any right, power or remedy under these Terms will not automatically operate as a waiver of such right, power or remedy or any other right, power or remedy and no waiver will be effective unless it is in writing and signed by the waiving Party. Furthermore, the waiver or the single or partial exercise of any right, power or remedy by either Party hereunder on one occasion will not be construed as a bar to a waiver of any successive or other right, power or remedy on any other occasion.

 

  • No Assignment. Neither these Terms nor any rights under these Terms may be assigned or otherwise transferred by you, whether voluntarily or by operation of law, without the prior written consent of Company. Subject to the foregoing, these Terms will be binding upon and will insure to the benefit of the Parties and their respective successors and assigns. Any assignment in violation of the foregoing shall be null and void.

 

  • Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by email, certified mail, registered mail, courier or via the ‘contact us’ link on the Website.

 

  • The following provisions survive termination or expiration of these Terms: Intellectual Property, Indemnification, Limitation of Liability, Dispute Resolution, Governing Law and Jurisdiction, Export Control and Sanctions, and any provisions that by their nature should survive.

 

  • Entire Agreement. These Terms represent the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.

 

  1. Contact Information

 

Should you have any questions concerning these Terms and/or any issues or concerns about the Website, Mobile App, and/or Services you may contact us as follows:

 

Jet Expiry Alert, LLC

Address: PO Box 1204, La Canada Flintridge, California, CA 91011 USA

Email: support@jetexpiryalert.com

 

Effective Date: September 23, 2025