Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the websites, applications, and services offered by Pinnacle FlightTech Solutions, LLC ("PFTS", "we", "our"), including Nexus Flight Operations ("Nexus FO"), Nexus MRO, and Nexus FBO (each, a "Service"). By accessing or using any Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Services

PFTS provides operations software for the aviation industry. Each Service is delivered as a hosted application accessed over the internet. Specific features, availability, and limitations are described in the documentation and account terms applicable to each Service.

3. Eligibility & Accounts

To use a Service you must be at least 18 years old and capable of forming a binding contract. Account creation and ongoing access are managed within each Service. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

4. Acceptable Use

You agree not to:

• access the Services by any means other than the interfaces we provide;
• interfere with, disrupt, or circumvent the security or operation of the Services;
• use the Services to violate any law, regulation, or third-party right;
• upload content that is unlawful, infringing, or harmful;
• attempt to access data belonging to other customers or users.

5. Customer Data

You retain all rights to data you submit to a Service ("Customer Data"). You grant PFTS a limited license to host, process, and transmit Customer Data solely to operate the Services on your behalf. Our handling of personal information is described in our Privacy Policy.

6. Fees & Billing

Fees, billing cadence, and refund policies are set out in the order form, subscription page, or other ordering document applicable to your Service. Unless otherwise stated, fees are non-refundable, including when you downgrade or cancel.

Payment methods. You may pay by credit or debit card, or by ACH debit from a U.S. checking or savings account. Payments are processed by Fiserv through its CardPointe gateway. Card and bank account numbers are entered in Fiserv's secure payment form; PFTS does not receive or store them. Your use of the payment flow is also subject to Fiserv's terms.

Authorization. When you save a payment method for a subscription, you authorize PFTS to charge it, or for a bank account to debit it by ACH, for recurring subscription fees, prorated charges for anything added during a billing period, and usage billed after the period in which it occurs, in the amounts shown in the Service. The authorization stays in effect until you revoke it. You may revoke it by replacing or removing the payment method in the Service, or by emailing the address in Section 13, giving us a reasonable chance to act before the next scheduled charge. Revoking does not refund charges already made.

Failed and returned payments. If a payment is declined or an ACH debit is returned, we may retry it, and as permitted by the rules of the ACH network we may re-present a returned debit. While a balance remains unpaid we may limit the account to read-only access and then suspend it until the balance is paid.

Payments to your organization. Where an organization accepts payments from its members through the Service, those payments are made to the organization through its own merchant account, not to PFTS. A member authorizes each ACH debit from their own bank account in the Service; organization staff cannot authorize one on a member's behalf.

7. Intellectual Property

The Services, including all software, designs, text, graphics, and related materials, are the exclusive property of PFTS or its licensors and are protected by United States and international intellectual-property laws. Nothing in these Terms transfers any ownership rights to you.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PFTS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PFTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE. PFTS' TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.

10. Termination

Either party may terminate access to a Service in accordance with the applicable order form. We may suspend or terminate access immediately if you breach these Terms or use the Services in a way that risks harm to the system, other customers, or third parties.

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the revised Terms with a new effective date. Material changes will be communicated through the Services or by email. Continued use of the Services after the new effective date constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state or federal courts located in Iredell County, North Carolina, and you and PFTS consent to personal jurisdiction in those courts.

13. Contact

Pinnacle FlightTech Solutions, LLC
238 Airport Rd, Unit 113
Statesville, NC 28677
contact@pinnacleflighttech.com