Disclaimer

1. Aviation Safety Disclaimer

The App is intended solely as an aid to flight crews preparing for, or responding to, ramp inspections under the SAFA program. It is not a substitute for:

• Official EASA, ICAO, FAA, or other regulator publications, including the SAFA Ramp Inspection Manual.
• The aircraft flight manual, operations manual, or minimum equipment list (MEL).
• Your operator's approved standard operating procedures.
• Current Notices to Air Missions (NOTAMs), AIRACs, or aeronautical information publications.
• The independent judgment of the pilot-in-command and other qualified flight crew.
• Direction from the authority having jurisdiction at the inspection location.

Decisions affecting the safety of flight, the airworthiness of an aircraft, or the legality of an operation must be made by appropriately qualified persons using authoritative sources. Fly-Right makes no representation that the App reflects the most current regulatory text, inspection criteria, or interpretive guidance.

2. No Professional, Legal, or Regulatory Advice

Content provided through the Site and the App is for general informational purposes only and is not intended to be, and does not constitute, legal advice, regulatory advice, certification, or professional consultation of any kind. No attorney-client, consultant-client, or fiduciary relationship is created by your use of the Site or App. You should consult qualified counsel and/or appropriately credentialed aviation-safety professionals before acting on any information obtained through the Site or App.

3. "As Is" / "As Available"

THE SITE, THE APP, AND ALL CONTENT, FEATURES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK.

4. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLY-RIGHT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "FLY-RIGHT PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE FLY-RIGHT PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT (A) THE SITE OR APP WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION OBTAINED FROM THE SITE OR APP WILL BE ACCURATE, RELIABLE, OR CURRENT; OR (D) ANY DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the maximum extent permitted by applicable law.

5. Accuracy, Errors & Omissions

The Fly-Right Parties make no representations regarding the accuracy, reliability, completeness, currency, or timeliness of any content, software, text, graphics, links, or communications provided through the Site or App. Information may contain typographical errors, technical inaccuracies, or omissions. We may make changes at any time without notice. Reliance on any information provided is solely at your own risk.

6. Availability & Performance

We do not guarantee that the Site or App will be available at any particular time, or that access will be uninterrupted or free of error. Scheduled and unscheduled downtime, maintenance, network failures, and other events may interrupt access. The Fly-Right Parties shall not be liable for any unavailability, interruption, delay, latency, or performance degradation, regardless of cause.

7. Third-Party Content & Links

The Site and App may contain links to or content from third-party websites, services, or resources. The Fly-Right Parties do not control, endorse, sponsor, recommend, or otherwise accept responsibility for any third-party content. Your use of any third-party content is at your own risk and subject to that third party's terms and policies.

8. Testimonials, Endorsements & Results

Testimonials and endorsements appearing on the Site reflect the experience and opinions of the individual customer at the time the testimonial was given. Individual results vary and are not guaranteed. Past success in any inspection is not indicative of future results. Testimonials may be edited for clarity and length. The use of testimonials does not constitute legal, regulatory, or professional advice.

9. User Content Disclaimer

The App allows you to create, upload, and store inspection content, photos, notes, and reports ("User Content"). You are solely responsible for your User Content, including its accuracy, legality, and compliance with applicable laws and your operator's policies. The Fly-Right Parties do not endorse User Content and disclaim all liability arising from User Content.

10. Device, Connectivity & Data Loss

The App's performance depends on factors outside our control, including device hardware, operating system, network connectivity, and third-party services. The Fly-Right Parties shall not be liable for any device damage, data corruption, data loss, battery drain, mobile-data charges, or other effects on your device or data. You are responsible for maintaining backups of your User Content.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FLY-RIGHT PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR APP, ANY CONTENT, OR ANY ACT OR OMISSION OF FLY-RIGHT, REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, STATUTE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF FLY-RIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. No Consequential, Indirect, or Special Damages

IN NO EVENT SHALL THE FLY-RIGHT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF FLY-RIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY.

13. Failure of Essential Purpose

THE LIMITATIONS AND EXCLUSIONS IN THIS DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Maximum Aggregate Liability

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS DISCLAIMER, THE FLY-RIGHT PARTIES ARE FOUND LIABLE FOR ANY DAMAGES OR LOSS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR APP, THE TOTAL AGGREGATE LIABILITY OF THE FLY-RIGHT PARTIES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FLY-RIGHT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00). MULTIPLE CLAIMS SHALL NOT ENLARGE THIS LIMIT.

15. Release of Claims

You hereby release the Fly-Right Parties from any and all claims, demands, damages, losses, liabilities, and causes of action of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site or App, including without limitation any claim that the Site or App contributed to, caused, or failed to prevent any ramp-inspection finding, enforcement action, regulatory penalty, operational disruption, financial loss, reputational harm, personal injury, or property damage.

16. California Civil Code §1542 Waiver

If you are a resident of California, you expressly waive the protection of California Civil Code §1542, which states:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

You waive any similar provision under the laws of any other jurisdiction.

17. Assumption of Risk

You acknowledge and agree that aviation operations involve inherent risks. By using the App, you assume all risks associated with your use of the App in connection with such operations. You agree that the Fly-Right Parties shall not be responsible for any injury, damage, loss, or harm arising from your use of, or reliance upon, the App or any information provided through the Site.

18. Hold Harmless & Indemnification

You agree to defend, indemnify, and hold harmless the Fly-Right Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your access to or use of the Site or App; (b) your User Content; (c) your violation of these terms or any applicable law; (d) your violation of any rights of any third party; or (e) any act or omission by you in connection with a ramp inspection or other regulatory matter. Fly-Right reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fly-Right in asserting any available defenses.

19. Time Limit for Bringing Claims

Any cause of action or claim you may have arising out of or relating to the Site, the App, or this Disclaimer must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. This shortened period applies to the maximum extent permitted by applicable law.

20. No Fiduciary or Special Relationship

Nothing in this Disclaimer, the Terms of Use, or your use of the Site or App creates any fiduciary, agency, joint-venture, partnership, employment, or special relationship between you and Fly-Right. Fly-Right is an independent provider of software tools.

21. Trademarks & Third-Party Marks

"Fly-Right" and the Fly-Right logo are trademarks of Fly-Right. SAFA® is a registered program of the European Union Aviation Safety Agency (EASA); references to SAFA are nominative only. Apple®, the Apple logo, iPhone®, iPad®, and App Store® are trademarks of Apple Inc., registered in the U.S. and other countries. All other names, logos, and trademarks are the property of their respective owners. Fly-Right is not affiliated with, endorsed by, or sponsored by EASA, Apple Inc., or any aircraft manufacturer.

22. Severability

If any provision of this Disclaimer is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

23. Contact

Questions about this Disclaimer should be directed to:

Fly-Right
Attn: Legal Department
Email: inquiry@flyrightconsulting.com