Skyway Private Terms of Use

1. Definitions

1.1 Key Terms

• "FBO" means Fixed Base Operators who provide ground handling services at airports.
• "Operator" means aircraft operators, pilots, flight departments, schedulers, dispatchers, Part 135 operators, brokers, and other aviation professionals who book services through the Platform.
• "Booking" means a reservation or purchase of Services made through the Platform.
• "Services" means ground handling services offered by FBOs, including but not limited to: ramp parking, hangar space, fuel services, catering, ground transportation, aircraft maintenance, customs/immigration assistance, and other aviation-related services.
• "User Content" means any content, information, data, text, photographs, images, aircraft details, or other materials uploaded, posted, or transmitted by Users through the Platform.
• "Service Provider" means FBOs and any third-party vendors (including rental car companies, fuel suppliers, and catering services) whose services are available through the Platform.
• "Transaction" means any Booking, payment, or exchange of services between Operators and Service Providers facilitated through the Platform.

2. Acceptance and Modifications of Terms

2.1 Acceptance

By accessing or using the Platform, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• If representing a company or organization, you have the authority to bind that entity to these Terms
• You will comply with all applicable laws and regulations

2.2 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on the Platform with a new "Last Updated" date
• Sending notification via email to your registered email address
• Displaying a prominent notice on the Platform

Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Platform, you must create an account by providing:

• Accurate and complete registration information
• Valid email address and phone number
• Company information (for business accounts)
• Payment information
• Aircraft details (for Operators)
• Facility information (for FBOs)

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Ensuring all information provided is current, accurate, and complete
• Restricting access to your account to authorized personnel only

3.3 Account Verification

We reserve the right to verify your identity and information, and may:

• Request additional documentation
• Suspend or terminate accounts that provide false or misleading information
• Conduct background checks or credit checks as permitted by law
• Refuse service to any user for any lawful reason

3.4 Account Termination by User

You may terminate your account at any time by:

• Contacting customer support at support@skywayprivate.com
• Following the account closure process in your account settings

You remain responsible for all charges incurred before account closure.

4. Platform Access and Use

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or internal business purposes.

4.2 Permitted Uses

For Operators:

• Search and browse available FBO services
• Make Bookings for ground handling services
• Communicate with FBOs regarding service requests
• Manage flight schedules and service preferences
• Access booking history and receipts

For FBOs:

• List your facility and services
• Receive and respond to Booking requests
• Communicate with Operators regarding service delivery
• Manage availability and pricing
• Access Booking history and payment information

4.3 Prohibited Uses

You agree NOT to:

General Prohibitions:

• Violate any applicable laws, regulations, or third-party rights
• Use the Platform for any fraudulent, illegal, or unauthorized purpose
• Interfere with or disrupt the Platform's operation or servers
• Attempt to gain unauthorized access to any portion of the Platform
• Use automated systems (bots, scrapers) without our written permission
• Reverse engineer, decompile, or disassemble any aspect of the Platform
• Remove, alter, or obscure any proprietary notices or labels

Content Prohibitions:

• Post false, inaccurate, misleading, or defamatory information
• Upload viruses, malware, or other malicious code
• Transmit spam, solicitations, or promotional materials
• Infringe on intellectual property rights of others
• Post content that is obscene, pornographic, or offensive

Commercial Prohibitions:

• Resell or commercially exploit the Platform without authorization
• Use the Platform to compete with Skyway Private
• Extract data for use in competing services
• Frame or mirror any portion of the Platform

Aviation-Specific Prohibitions:

• Provide false aircraft registration or certification information
• Make fraudulent Bookings or reservations
• Misrepresent service availability or pricing (FBOs)
• Use the Platform for any illegal aviation activities

5. Bookings and Transactions

5.1 Booking Process

For Operators:

• Bookings are requests for Services and are subject to acceptance by FBOs
• You must provide accurate flight details, aircraft information, and service requirements
• You are responsible for confirming Bookings directly with FBOs
• Booking confirmations are sent via email and available in your account

For FBOs:

• You must promptly respond to Booking requests
• You may accept or decline Booking requests in your sole discretion
• Once accepted, you are obligated to provide the Services as described
• You must maintain accurate availability and pricing information

5.2 Service Agreements

The agreement for Services is directly between Operators and Service Providers. Skyway Private:

• Is NOT a party to these service agreements
• Does NOT provide ground handling or aviation services
• Acts solely as a marketplace facilitator
• Is NOT responsible for service quality, delivery, or disputes

5.3 Pricing and Fees

Platform Fees:

• Skyway Private charges a commission on completed Bookings
• Commission rates are specified in Order Forms or fee schedules
• Platform fees are separate from Service Provider charges
• All fees are non-refundable except as expressly stated

Service Provider Charges:

• Service Providers set their own pricing for Services
• Prices displayed on the Platform are provided by Service Providers
• You are responsible for paying Service Providers directly for Services
• Additional charges (taxes, airport fees, fuel surcharges) may apply

5.4 Payment Terms

Payment Processing:

• Payments are processed through secure third-party payment processors
• You authorize us to charge your payment method on file
• You are responsible for providing valid payment information
• We may use tokenized payment information for future transactions

Payment Obligations:

• Operators must pay for Services when due
• FBOs must remit Platform fees as specified in agreements
• Late payments may accrue interest at 1.5% per month or maximum legal rate
• Overdue accounts may result in suspension of Platform access

5.5 Cancellations and Refunds

Operator Cancellations:

• Cancellation policies are set by individual Service Providers
• You must review cancellation terms before making a Booking
• Cancellations must be made according to the Service Provider's policy
• Platform fees may apply to cancelled Bookings

FBO Cancellations:

• FBOs may cancel Bookings only in extraordinary circumstances
• Operators must be notified immediately of cancellations
• FBOs must assist Operators in finding alternative services when possible

Refunds:

• Refund eligibility is determined by Service Provider policies
• Skyway Private does not issue refunds for Service Provider charges
• Platform fees are generally non-refundable
• Disputes regarding refunds should be resolved with Service Providers

5.6 Taxes

You are responsible for:

• All applicable taxes on transactions (sales tax, VAT, GST, etc.)
• Providing valid tax exemption certificates if applicable
• Reporting and remitting taxes to appropriate authorities
• Indemnifying us for any tax liabilities arising from your use

6. User Content and Intellectual Property

6.1 Your Content License

By submitting User Content to the Platform, you grant Skyway Private a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to: use, reproduce, modify, and display your User Content; distribute your User Content through the Platform; create derivative works for Platform improvement; use your User Content for marketing and promotional purposes. This license continues even after you stop using the Platform, but only for User Content you shared publicly.

6.2 Content Representations

You represent and warrant that: you own or have rights to all User Content you submit; your User Content does not violate any laws or third-party rights; your User Content is accurate and not misleading; you have obtained all necessary consents and permissions.

6.3 Content Restrictions

You agree that your User Content will NOT: contain false or misleading information; violate any intellectual property rights; include confidential information of third parties; contain malicious code or security threats; violate privacy or publicity rights of others.

6.4 Our Intellectual Property

The Platform and all content, features, and functionality are owned by Skyway Private and protected by copyright, trademark, and other intellectual property laws. This includes: Platform design, layout, and user interface; logos, trademarks, and service marks; software, code, and algorithms; text, graphics, images, and other content.

You may not: copy, modify, or create derivative works; distribute, sell, or license our content; use our trademarks without written permission; remove or alter proprietary notices.

6.5 Feedback

If you provide suggestions, ideas, or feedback about the Platform ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.

7. Third-Party Integrations and Services

7.1 Third-Party Services

The Platform integrates with third-party services, including: FBO management systems (X-1FBO, FlightBridge); rental car companies (Enterprise, Hertz, Go Rentals); fuel providers (AvFuel, World Fuel Services); payment processors (Stripe, PayPal); mapping and location services.

7.2 Third-Party Terms

Use of third-party services is subject to their respective terms and conditions. You agree to comply with all applicable third-party terms.

7.3 No Endorsement

We do not endorse, warrant, or assume responsibility for: third-party services or products; content on third-party websites; business practices of Service Providers; quality or safety of third-party offerings.

7.4 Data Sharing

We may share your information with third-party services as described in our Privacy Policy. You consent to such sharing when you use integrated services.

8. Communications

8.1 Electronic Communications

By using the Platform, you consent to receive electronic communications from us, including: booking confirmations and updates; service notifications and alerts; marketing and promotional messages; system updates and maintenance notices; legal notices and policy changes.

8.2 Communication Methods

We may communicate with you via: email to your registered email address; SMS/text messages to your phone number; push notifications through our mobile app; in-Platform messaging and notifications.

8.3 Marketing Opt-Out

You may opt out of marketing communications by: clicking "unsubscribe" in marketing emails; adjusting preferences in your account settings; contacting us at support@skywayprivate.com. You cannot opt out of transactional or legal communications.

9. Privacy and Data Protection

9.1 Privacy Policy

Our Privacy Policy (available at www.skywayprivate.com/privacy) explains how we collect, use, and protect your information. By using the Platform, you consent to our Privacy Policy.

9.2 Data Sharing

We share your information with: Service Providers to facilitate Bookings; payment processors for transaction processing; service partners for integrated services; legal authorities when required by law.

9.3 User Responsibilities

You are responsible for: protecting your personal information; complying with applicable privacy laws; obtaining necessary consents for data you provide; notifying us of data security concerns.

10. Disclaimers and Warranties

10.1 Platform "AS IS"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: implied warranties of merchantability; fitness for a particular purpose; non-infringement; title; accuracy, reliability, or completeness.

10.2 Service Provider Disclaimer

WE DO NOT: control or supervise Service Providers; verify the qualifications or licenses of Service Providers; inspect facilities or equipment; guarantee service quality, safety, or availability; warrant that Services will meet your expectations.

10.3 No Aviation Services

SKYWAY PRIVATE DOES NOT: provide ground handling or aviation services; operate aircraft or FBO facilities; guarantee flight safety or aircraft airworthiness; assume responsibility for aviation operations.

10.4 Availability

WE DO NOT WARRANT THAT: the Platform will be uninterrupted, secure, or error-free; defects will be corrected; the Platform is free from viruses or harmful components; results from Platform use will be accurate or reliable.

10.5 User Responsibility

YOU ACKNOWLEDGE THAT: you are responsible for evaluating Service Providers; you assume all risks associated with Transactions; you should verify all information independently; aviation operations involve inherent risks.

11. Limitation of Liability

11.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYWAY PRIVATE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR: indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, or business opportunities; loss of data or information; loss of goodwill or reputation; business interruption; cost of substitute services. This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability), whether we were advised of the possibility of such damages, or whether such damages were reasonably foreseeable.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF: $500 (FIVE HUNDRED DOLLARS), OR THE AMOUNT OF PLATFORM FEES PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

11.3 Basis of Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon these limitations of liability, and that these limitations reflect a reasonable allocation of risk.

11.4 Essential Purpose

The limitations in this Section 11 apply even if any remedy fails of its essential purpose.

11.5 State Law Variations

Some jurisdictions do not allow certain limitations on damages or implied warranties. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Skyway Private and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from or relating to: your access to or use of the Platform; your violation of these Terms; your violation of any laws or regulations; your User Content; any false, inaccurate, or misleading information you provide; your aviation operations; Services provided by Service Providers; disputes with Service Providers or other Users.

12.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense and will not settle any matter without our prior written consent.

12.3 Notice

You must promptly notify us of any claims subject to indemnification and provide reasonable assistance in the defense.

13. Termination and Suspension

13.1 Termination by You

You may terminate your account at any time by providing written notice to support@skywayprivate.com or following the account closure process in settings. Upon termination, you remain responsible for all outstanding payments, completed Bookings, and Platform fees incurred before termination.

13.2 Termination or Suspension by Us

We may suspend or terminate your access immediately for: breach of these Terms; fraudulent or illegal activity; providing false information; misuse of the Platform; non-payment of fees; aviation safety violations; or other lawful reasons.

13.3 Effect of Termination

Upon termination, your license to use the Platform immediately ceases; you must stop accessing and using the Platform; we may delete your account and User Content; outstanding obligations survive termination.

13.4 Survival

Sections 6 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 18 (Dispute Resolution), and 19 (General Provisions) survive termination.

14. Aviation-Specific Provisions

14.1 Regulatory Compliance

You represent and warrant that you will comply with all applicable aviation laws and regulations, including FAA regulations, TSA requirements, ICAO standards, customs and border protection requirements, and local airport rules.

14.2 Aircraft Information

Operators must: provide accurate aircraft registration and certification information; ensure aircraft airworthiness; maintain valid insurance coverage; comply with all weight and balance requirements; ensure proper crew certifications.

14.3 Safety Responsibility

YOU ACKNOWLEDGE AND AGREE THAT: Skyway Private is NOT responsible for flight safety; Service Providers are independent contractors; you are solely responsible for aviation operations; you must independently verify all safety-related information.

14.4 No Aviation Authority

Skyway Private: is NOT an airline, air carrier, or aviation operator; does NOT hold aviation certificates or licenses; does NOT exercise operational control over aircraft; does NOT supervise or direct aviation activities.

14.5 Insurance Requirements

Operators must maintain aircraft liability insurance, hull insurance, and workers' compensation as required by law. FBOs must maintain commercial general liability, professional liability (if applicable), and property insurance as required by law.

15. Export Controls and Sanctions

You represent and warrant that you: are NOT located in a country subject to U.S. embargo or sanctions; are NOT on any U.S. government prohibited or restricted party list; will NOT export or re-export Platform software or data in violation of law. You will NOT access or use the Platform from Cuba, Iran, North Korea, Syria, Crimea, or any other sanctioned jurisdiction. You certify that you are NOT a Specially Designated National or on the Denied Persons List.

16. Apple App Store Terms

If you access the Platform via an app from the Apple App Store: the license is limited to a non-transferable right to use the app on Apple devices you own or control; Skyway Private is solely responsible for maintenance and support and product warranties; Apple is a third-party beneficiary of these Terms and may enforce them against you.

17. Google Play Store Terms

If you access the Platform via an app from Google Play, you agree to comply with Google Play Terms of Service and the Google Play Developer Distribution Agreement.

18. Dispute Resolution

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

18.1 Informal Resolution

Before initiating arbitration or litigation, you agree to contact us at legal@skywayprivate.com with a detailed description of the dispute and attempt to resolve the dispute informally for at least 30 days.

18.2 Binding Arbitration

Except as provided below, any dispute arising out of or relating to these Terms or the Platform shall be finally settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). One arbitrator will be selected; arbitration will be conducted in New York, New York; the arbitrator will apply the substantive laws of the State of New York. Each party bears its own attorneys' fees and costs unless otherwise awarded.

18.3 Exceptions to Arbitration

The following are NOT subject to arbitration: individual claims in small claims court (if eligible); injunctive or equitable relief to protect intellectual property; claims of patent infringement.

18.4 Class Action Waiver

YOU AND SKYWAY PRIVATE AGREE THAT: disputes will be resolved on an individual basis only; class actions, class arbitrations, and representative actions are NOT permitted; you may NOT bring claims on behalf of others. If this class action waiver is found to be unenforceable, the entire arbitration provision is void.

18.5 Jury Trial Waiver

To the extent allowed by law, you and Skyway Private waive the right to a jury trial.

18.6 Opt-Out

You may opt out of the arbitration provision by sending written notice within 30 days of first accepting these Terms to: Skyway Private, Inc., 353 Lexington Ave, FL 4 PMB269, New York, NY 10016, Email: legal@skywayprivate.com. Notice must include your name, address, account information, and state that you are opting out of arbitration.

18.7 Changes to Arbitration

If we change this arbitration provision, you may reject the change by sending written notice within 30 days. Your rejection means the prior arbitration terms continue to apply.

19. General Provisions

These Terms, together with our Privacy Policy and any Order Forms, constitute the entire agreement. We may modify these Terms at any time as described in Section 2.2. If any provision is found invalid, it will be modified to the minimum extent necessary. Our failure to enforce any right does not constitute a waiver. You may NOT assign these Terms without our prior written consent; we may assign without your consent. These Terms do not create partnership, employment, or agency relationships. Governing law: State of California (Federal Arbitration Act governs arbitration). Venue for non-arbitration disputes: state and federal courts in Santa Clara County, California. We are not liable for force majeure events. Notices to you: email, Platform posting, or mail. Notices to us: Skyway Private, Inc., 6754 Bernal Ave, #740-142, Pleasanton, CA 94566, Email: legal@skywayprivate.com. English version controls. You are responsible for complying with all applicable laws.

20. Contact Information

For questions about these Terms, please contact us through our website.

21. Acknowledgment

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.