Airworthy

Legal

Terms of Service

Effective 2026-08-07 · These terms are accepted electronically when an account is created.

This Services Agreement (the “Agreement”) governs access to and use of the Airworthy platform. By checking the acceptance box during signup, creating an account, or using the Services, the Operator agrees to be bound by this Agreement.

Article IParties

  1. Airworthy, the provider of the services described herein, is referred to as “Airworthy,” “we,” or “us.” The person or entity acquiring services from Airworthy is referred to as the “Operator.” An individual accepting this Agreement on behalf of an entity represents that they have authority to bind that entity.

Article IIServices; Responsibilities of the Parties

  1. Promptly following account creation and receipt of all required information, Airworthy shall provide the Operator access to its online maintenance-tracking service (the “Airworthy Platform”) for the subscription selected at signup (the “Services”).
  2. Airworthy shall enroll the aircraft identified by the Operator during signup — by registration (tail number) and manufacturer serial number — together with its installed engines, propellers, and time-controlled parts and accessories as recorded by the Operator (collectively, the “Aircraft”), and allow the Operator real-time access to the Airworthy Platform via the Internet, to assist the Operator in establishing and monitoring data required under applicable aviation regulations, airworthiness directives, and service bulletins, including for life-limited parts.
  3. Using compliance records, meter readings, and maintenance-facility submissions entered into the Airworthy Platform by or for the Operator, the Services will update the Aircraft’s maintenance information and furnish the Operator with, among other things, updated status reports, due lists, and projections.
  4. Airworthy will process personal information (e.g., names and contact details) of the Operator’s users and individuals associated with the Aircraft, and data about their interactions with the Services (“Subscriber Personal Data” or “SPD”). The Operator instructs Airworthy to use and disclose SPD as contemplated in this Agreement and as needed to (a) provide the Services; (b) respond to technical problems or queries; (c) communicate about the Services and Airworthy’s offerings; (d) share SPD with Airworthy’s service providers (including payment and hosting providers, which may be located in the United States or other countries) for the purpose of providing the Services; (e) detect, investigate, and remediate security incidents, fraud, or illegal activities; and (f) comply with applicable laws, regulations, legal processes, or government requests. Airworthy will maintain appropriate safeguards to protect SPD, taking into account its nature and sensitivity. The Operator is solely responsible for ensuring that the means by which it acquired SPD, and its sharing of SPD with Airworthy, comply with applicable laws and its own privacy notices. Airworthy may aggregate and de-identify SPD and other data obtained through the Services and use such data to generate insights. Airworthy’s processing of personal data is further described in its Privacy Notice.
  5. Airworthy may use maintenance data for the Aircraft in de-identified or aggregated form for any lawful business purpose, including improving the Services.
  6. The Operator will furnish to Airworthy: (i) all historical baseline maintenance data; and (ii) access to the manufacturer’s maintenance publications (and updates thereto) required for the Services, for use by Airworthy solely to provide the Services. The Operator represents that it is authorized to provide such publications and authorizes Airworthy to use them for that purpose.
  7. The Operator will furnish, in a timely manner, all information required to perform the initial setup and provide the Services — including, at minimum, the Aircraft’s registration and serial number — and acknowledges that Airworthy will be unable to provide the Services until all required data is received. The Operator will promptly record, or cause to be recorded, the ongoing information the Services depend on, including completed compliance records and current meter readings.
  8. The Operator will, and will cause its users to, (a) maintain, manage, and keep confidential their credentials for the Airworthy Platform, and (b) not transfer or make them available to any other person or entity, including any third-party maintenance tracking provider or other competitor of Airworthy. The Operator is solely responsible for unauthorized access resulting from its failure to manage credentials — including failure to remove a user’s access upon termination of employment.
  9. For any excerpt or extract of a maintenance manual, service bulletin, or parts catalogue made available through the Airworthy Platform, the Operator shall: (a) maintain it in confidence using no less than reasonable care; (b) not disclose it to any third party; (c) not modify, copy, translate, reproduce, or make derivatives of it, nor reverse engineer, decompile, or disassemble any portion of it; and (d) use it only within the Airworthy Platform and not for any other purpose, including designing, manufacturing, or obtaining regulatory approval for any part, product, modification, or repair.

Article IIIFees and Payment

  1. The Services are provided on a subscription basis. Fees, the billing interval, and the number of enrolled aircraft are presented at checkout and charged in advance through Airworthy’s payment processor, Stripe. Except as required by law or expressly stated in this Agreement, all fees are non-refundable.
  2. Subscriptions renew automatically at the end of each billing period until cancelled. The Operator may cancel at any time; cancellation takes effect at the end of the then-current billing period, and the Services remain available until then.
  3. Airworthy may change its fees for a renewal period by giving the Operator at least thirty (30) days’ notice before the renewal takes effect. Continued use of the Services after the renewal date constitutes acceptance of the changed fees.
  4. If any payment fails or is overdue, Airworthy may — in addition to all rights and remedies available at law or in equity — suspend or terminate all or any part of the Services. Amounts not paid when due bear interest at the rate of 1.5% per month or the maximum amount permitted by applicable law, whichever is less. The Operator will pay all reasonable costs of collection, including court costs and attorneys’ fees.
  5. The Operator is solely responsible for, shall pay, and shall indemnify and hold Airworthy harmless from, all applicable federal, state, or foreign sales, use, withholding, value-added, excise, or property taxes, duties, and charges (excluding taxes on Airworthy’s income), and any interest or penalties thereon, imposed by any governmental authority based on this Agreement or the Services. If a withholding tax is imposed on amounts due, the Operator shall gross up its payments so Airworthy receives the full invoiced amount.
  6. The Operator will defend, indemnify, and hold harmless Airworthy and its affiliates, directors, officers, employees, shareholders, representatives, agents, successors, and permitted assigns from and against any and all fines, penalties, claims, liabilities, suits, demands, losses, damages, expenses, or costs (including reasonable attorneys’ fees and court costs) that result from, arise out of, or relate to the Operator’s use of the Services or breach of this Agreement, including any breach of the representations, warranties, and certifications in Article IV.

Article IVOperator Representations and Certification; Warranty Disclaimer

  1. The Operator represents that it holds a valid and current license or authorization to use all maintenance publications it provides to or accesses through the Services, and that it uses, and has used, a maintenance program approved by the relevant authorities for the Aircraft.
  2. The Operator, on behalf of itself and the aircraft owner(s) (if different), represents and certifies that: (i) the Aircraft is not described on the International Traffic in Arms Regulations (ITAR) United States Munitions List and has not been specially designed, modified, or equipped for military, intelligence, surveillance, or reconnaissance functions; (ii) it complies and has complied with all export control, trade, and sanctions regulations of the United States, including as they relate to any software, technical data, or related technologies concerning the Aircraft; (iii) it will not provide to Airworthy (including by uploading to the Airworthy Platform) any item concerning the Aircraft that is “technical data” as defined under the ITAR or “technology” controlled under the EAR for any reason other than anti-terrorism (AT); (iv) neither it nor its end users are located in, or ordinarily resident in, a jurisdiction subject to comprehensive U.S. trade sanctions, and neither it nor its end users will access or use the Services in or from, or export, re-export, divert, or transfer the Services to, such jurisdictions; (v) neither it, the aircraft owner(s), nor its end users are identified on any U.S. government restricted-party list; and (vi) neither it, the aircraft owner(s), nor its end users are owned 50 percent or more, in the aggregate, directly or indirectly, or otherwise controlled by any person described in clause (v).
  3. The Operator represents that it understands that the Services are provided solely as an advisory tool to assist the Operator in complying with the relevant maintenance program for the Aircraft, and are not a substitute for the Operator’s obligation to monitor and maintain the Aircraft and its records in accordance with all requirements of the manufacturer and regulatory authorities. The Operator is solely responsible for confirming the accuracy of information included with the Services and of all data furnished by or through the Operator. The Operator is deemed to reaffirm the representations in this Article each time it accesses the Airworthy Platform or makes a payment under Article III.
  4. Should any change of 10% or more occur in the ownership interest of the Operator or the Aircraft, or should the registration of the Aircraft change, the Operator shall notify Airworthy within seven (7) business days of the change.
  5. AIRWORTHY PROVIDES THE SERVICES, AND THE OPERATOR ACCEPTS THE SERVICES, “AS IS.” AIRWORTHY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WITHOUT LIMITING THE FOREGOING, AIRWORTHY MAKES NO WARRANTY THAT THE SERVICES WILL COMPLY WITH THE REQUIREMENTS OF ANY LAW, RULE, OR REGULATION.

Article VExcusable Delay; Limitation of Liability

  1. Airworthy shall not be liable for any default or delay in performance caused, directly or indirectly, by fire, flood, earthquake, or other acts of God; labor disputes; wars, acts of terrorism, riots, or civil disorder; accidents; interruptions or delays involving third-party transportation, hosting, or communication facilities (including the Internet); supply shortages; laws, regulations, or actions of any government or agency; or any other cause beyond Airworthy’s reasonable control. If such a cause renders performance impossible for ninety (90) days or longer, the Operator may terminate this Agreement without further liability on the part of Airworthy.
  2. IN NO EVENT SHALL AIRWORTHY’S AGGREGATE LIABILITY TO THE OPERATOR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WHETHER ARISING IN CONTRACT, TORT, OR UNDER ANY OTHER LEGAL THEORY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EXCEED THE LESSER OF US $15,000 OR THE AMOUNTS PAID BY THE OPERATOR TO AIRWORTHY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE AIRWORTHY WAS FIRST NOTIFIED IN WRITING OF THE CLAIM. IN NO EVENT SHALL AIRWORTHY BE LIABLE FOR FINES OR PENALTIES LEVIED ON THE OPERATOR BY ANY REGULATOR, FOR LOST PROFITS OR REVENUES, FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES, OR FOR ANY CLAIM MADE AGAINST THE OPERATOR BY ANY OTHER PERSON, EVEN IF AIRWORTHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

Article VIDuration of Agreement

  1. This Agreement continues in full force and effect until terminated as provided herein. Airworthy may terminate this Agreement at any time if: (i) the Operator fails to make any payment when due, or breaches Article II(8), Article IV(1), or Article IV(2); (ii) the Operator breaches any other term of this Agreement and fails to cure within ten (10) days after notice from Airworthy; (iii) the Operator becomes insolvent or makes an assignment for the benefit of creditors; or (iv) any proceeding is filed by or against the Operator under bankruptcy or similar laws.
  2. Airworthy reserves the right to suspend all or part of the Operator’s use of the Services immediately and without liability if Airworthy reasonably believes the Operator is in breach of Article IV(1), or if Airworthy identifies a potential violation of Article IV(2) through routine screening (a “Service Suspension”). During a Service Suspension, Airworthy may (a) independently resolve the matter or (b) require the Operator to provide information reasonably satisfactory to Airworthy confirming compliance. If required evidence is not provided within five (5) business days of the suspension, Airworthy may terminate this Agreement.
  3. Neither expiration nor termination of this Agreement, nor a Service Suspension, releases the Operator from its confidentiality, indemnification, or payment obligations, or affects any rights or remedies of either party accrued before that time. Following termination, the Operator may export its maintenance records from the Airworthy Platform for a reasonable period on request.

Article VIIAssignment

  1. This Agreement may not be transferred or assigned by the Operator — including upon a sale or transfer of the Aircraft — without the express prior written consent of Airworthy. Airworthy is expressly permitted to assign this Agreement. This Agreement inures to the benefit of, and binds, each party’s permitted successors and assigns.

Article VIIIMiscellaneous

  1. If the Operator acquires the Services under, or in connection with, any contract with the United States Government or any subcontract at any tier thereof, the Operator agrees to notify Airworthy of the Government’s involvement before purchase.
  2. Notices under this Agreement are sufficient if delivered in person, by registered or certified mail, or by email to the address most recently provided by the receiving party, with confirmation of transmission. Either party may change its notice address by notice given in this manner. The Operator will notify Airworthy within 24 hours of receiving any subpoena related to the Services or this Agreement.
  3. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior communications, representations, or agreements, oral or written, on the matters herein. No variation of this Agreement binds either party unless made in writing and agreed by both parties, except that Airworthy may update these terms prospectively by posting a revised version with a new effective date; material changes will be notified to the Operator, and continued use of the Services after the effective date constitutes acceptance. No failure or delay by Airworthy in exercising any right or remedy operates as a waiver of it.
  4. The validity and effect of this Agreement are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Each party irrevocably submits to the exclusive jurisdiction of the United States District Court for the Southern District of New York or any court of the State of New York located in New York County for all disputes arising from or in connection with this Agreement or the Services. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT IT MAY LEGALLY DO SO, ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.
  5. This Agreement is between Airworthy and the Operator. No aircraft, engine, or component manufacturer is a party to this Agreement or makes any representation or warranty under it, express or implied. Aircraft and manufacturer marks identify aircraft types only; Airworthy is independent and is not affiliated with or endorsed by any manufacturer.
  6. Nothing in this Agreement conveys, grants, or obligates Airworthy to convey or grant a license to any patent, trademark, or other Airworthy intellectual property right.
  7. The Services may provide links to third-party websites and data, information, or materials provided by third parties (including regulatory publications), all of which are provided for general information purposes only. Airworthy does not control, and expressly disclaims responsibility for, such third-party sites and content, and may cease providing access to them at any time without notice or liability.