Last Updated: May 10, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and Flykitt ("Flykitt", "we", "us", "our") regarding your use of the Flykitt website, applications, and related services (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE IN ANY WAY, INCLUDING BROWSING THE WEBSITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS IN THEIR ENTIRETY, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE. YOU WAIVE ANY RIGHT TO CLAIM LACK OF NOTICE OR KNOWLEDGE OF THESE TERMS OR ANY SUBSEQUENT MODIFICATIONS. YOUR CONTINUED USE OF THE SERVICE AFTER ANY CHANGES CONSTITUTES YOUR BINDING ACCEPTANCE OF SUCH CHANGES.
THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, SUITABILITY, SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICE OR ANY CONTENT OR DATA THEREIN.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. ANY INFORMATION, ADVICE, OR RECOMMENDATIONS PROVIDED BY THE SERVICE (INCLUDING BUT NOT LIMITED TO NUTRITIONAL, HEALTH, TRAVEL, OR FINANCIAL INFORMATION) ARE FOR INFORMATIONAL PURPOSES ONLY, ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED UPON. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU USE THE SERVICE ENTIRELY AT YOUR OWN DISCRETION AND RISK.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to provide accurate information but acknowledge we have no obligation to verify it and may rely on it implicitly. We reserve the absolute right to suspend, terminate, delete, or reclaim your account or your access to the Service at any time, for any reason or no reason, with or without notice, and without any liability to you or any third party. Reasons for termination may include, but are not limited to, violation of these Terms, inactivity, security concerns, or any conduct we deem harmful or inappropriate, in our sole and absolute discretion.
You agree not to use the Service for any unlawful, harmful, or malicious purpose, or in any way that could harm, disable, overburden, impair, or interfere with the Service, its servers, networks, or any other party's use and enjoyment of the Service. Prohibited activities include, but are not limited to:
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision.
The Service and all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Flykitt, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may use the Service only for your personal, non-commercial use, subject to these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent.
If you post, upload, input, provide, submit, or otherwise make available any data, information, text, images, videos, or other materials to or through the Service, including without limitation, your name, email address, IP address, browser information, feedback, suggestions, photos, graphics, or other information ("User Content"), you remain solely responsible for such User Content, including its legality, reliability, and appropriateness.
You hereby grant Flykitt and its affiliates, successors, and assigns an unconditional, irrevocable, non-exclusive, royalty-free, fully paid-up, fully transferable, assignable, sublicensable, perpetual, worldwide license to use, store, display, reproduce, record, modify, adapt, translate, create derivative works from, perform, distribute, exploit, and otherwise process your User Content in any manner, medium, or technology now known or later developed, and for any purpose whatsoever (including, without limitation, for commercial, advertising, promotional, archival, analytical, research, and development purposes, including for training machine learning models and artificial intelligence systems) without any notice, restriction, obligation, or compensation to you. You waive all moral rights in your User Content.
You represent and warrant that: (i) you own or have all necessary rights, licenses, consents, and permissions to submit the User Content and grant the license set forth herein; (ii) your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) your User Content does not slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (iv) your User Content complies with all applicable laws and regulations and these Terms.
We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. We have no obligation to screen, edit, or monitor any User Content, but we reserve the right, in our absolute discretion, to remove, screen, or edit any User Content posted or stored on the Service at any time and for any reason without notice.
Certain features or parts of the Service may require payment of fees or purchase of subscriptions. All fees are quoted in U.S. Dollars unless otherwise specified and are subject to change at any time without notice, in our sole discretion. Subscriptions may automatically renew for successive periods unless cancelled by you strictly in accordance with the cancellation procedures provided within the Service *before* the applicable renewal date. You are solely responsible for timely payment of all fees and for providing us with valid payment information.
All payments are final, non-cancellable, and non-refundable under any circumstances, regardless of your use or non-use of the Service, any termination or suspension of your account, modification of the Service, or disruption thereof. We are under no obligation to issue refunds or credits for any reason, including but not limited to partial subscription periods, unused features, accidental purchases, or dissatisfaction with the Service. Any disputes regarding charges must be submitted in writing within thirty (30) days of the charge appearing on your statement, otherwise such dispute is waived and the charge will be final and not subject to challenge. You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities. Failure to pay any fees when due may result in immediate suspension or termination of your access to the paid features or the entire Service, without notice or liability.
TO THE ABSOLUTE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLYKITT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "FLYKITT PARTIES") BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR STATUTORY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, OR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO: (I) THE USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY CONTENT THEREIN; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) ANY USER CONTENT; (VI) TERMINATION OR SUSPENSION OF YOUR ACCOUNT; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICE OR THESE TERMS.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR ANY OTHER BASIS, EVEN IF THE FLYKITT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE LIABILITY OF THE FLYKITT PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE) EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT OF FEES, IF ANY, ACTUALLY PAID BY YOU TO FLYKITT FOR USE OF THE SERVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES (ESPECIALLY INCIDENTAL OR CONSEQUENTIAL DAMAGES), SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE FLYKITT PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FLYKITT, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FLYKITT.
You agree, at your sole expense, to defend, indemnify, and hold harmless the Flykitt Parties (as defined in Section 7) from and against any and all actual or alleged claims, demands, causes of action, suits, proceedings, investigations, liabilities, damages, judgments, settlements, awards, losses, costs, expenses, or fees (including, without limitation, reasonable attorneys' fees and costs) arising out of, relating to, or in connection with: (i) your access to or use of the Service; (ii) your User Content, including any claim that your User Content infringes or misappropriates third-party rights or violates any law; (iii) your violation or alleged violation of these Terms; (iv) your violation or alleged violation of any applicable law, regulation, or third-party right; (v) any dispute or issue between you and any third party (including other users); or (vi) your negligence or willful misconduct.
Flykitt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate fully with Flykitt's defense of those claims. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.
The Service may contain links to third-party websites, services, resources, or advertisements that are not owned or controlled by Flykitt. We provide these links solely as a convenience and do not endorse, sponsor, recommend, or otherwise accept responsibility for any third-party content, products, services, or practices. Your access and use of any third-party sites or services are solely at your own risk and subject to the terms and policies of those third parties. We are not liable for any loss or damage incurred as a result of your dealings with third parties.
If you provide Flykitt with any suggestions, comments, ideas, improvements, or other feedback regarding the Service ("Feedback"), whether solicited or unsolicited, you hereby acknowledge and agree that such Feedback is non-confidential and becomes the sole and exclusive property of Flykitt. You irrevocably assign to Flykitt all right, title, and interest in and to the Feedback, including all intellectual property rights therein, without any right to compensation, attribution, or approval. Flykitt is free to use, disclose, reproduce, license, distribute, and otherwise exploit the Feedback in any manner and for any purpose, worldwide, in perpetuity, without restriction or obligation to you.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the "Confidential Information") shall not be disclosed to any non-party except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent required by law or regulation.
Waiver of Jury Trial: YOU AND FLYKITT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Flykitt are instead electing to have claims and disputes resolved by arbitration.
Class Action Waiver: YOU AND FLYKITT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Flykitt agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO MODIFY, AMEND, REPLACE, OR RESTATE THESE TERMS AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTICE OR LIABILITY TO YOU. All changes are effective immediately when we post them to the Service (e.g., on our website or within our application) or otherwise make them available to you. The "Last Updated" date at the top indicates the date of the latest revision.
YOUR CONTINUED ACCESS OR USE OF THE SERVICE AFTER SUCH CHANGES ARE POSTED CONSTITUTES YOUR UNCONDITIONAL AND BINDING ACCEPTANCE OF THE REVISED TERMS. IT IS SOLELY YOUR RESPONSIBILITY TO REVIEW THESE TERMS PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU MUST IMMEDIATELY STOP USING THE SERVICE.
Flykitt shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.
These Terms, together with our Privacy Policy (which is incorporated herein by reference), constitute the entire and exclusive understanding and agreement between you and Flykitt regarding your use of the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or any other rights. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions will remain in full force and effect. We may assign or delegate these Terms, in whole or in part, including our rights and obligations hereunder, at any time without notice or consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any purported assignment or delegation in violation of this section is null and void. The section titles in these Terms are for convenience only and have no legal or contractual effect. Provisions of these Terms that, by their nature, should survive termination or expiration shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, governing law, and dispute resolution provisions.
Formal notices or inquiries regarding these Terms should be directed to:
Email: info@flykitt.com
(We are under no obligation to respond to general inquiries.)