Hobbs End User License Agreement

This End User License Agreement ("Agreement") is a binding agreement between you, and any organization you represent ("you," "Customer," or "User"), and [TERPSTRA HOLDINGS LEGAL ENTITY] ("Company," "we," "us," or "our"), governing your access to and use of the Hobbs software platform, mobile applications, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by this Agreement. If you do not agree, do not access or use the Service.

1. License Grant

Subject to your compliance with this Agreement and payment of applicable fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal flight-school, flight-club, or aviation-operations business purposes.

2. Restrictions

You will not, and will not permit any third party to: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or disassemble the Service, except to the extent permitted by law; (c) rent, lease, sell, sublicense, or otherwise commercially exploit the Service; (d) access the Service to build a competing product; (e) circumvent or disable any security or usage-control features; or (f) use the Service in violation of any applicable law or regulation.

3. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must promptly notify us of any unauthorized use. You are responsible for ensuring that all users you authorize comply with this Agreement.

4. Subscriptions, Fees, and Payment

Access to the Service may require a paid subscription. Fees, billing frequency, and payment terms are as presented at the time of purchase or in a separate order. Payments are processed by third-party payment processors, and your use of those services is subject to their terms. Except as required by law or expressly stated, fees are non-refundable.

5. Customer Data

You retain all rights in the data you and your users submit to the Service ("Customer Data"). You grant Company a worldwide license to host, process, transmit, and display Customer Data solely to provide and support the Service. You are responsible for the accuracy, quality, and legality of Customer Data and for obtaining all necessary rights and consents to provide it to the Service. Our handling of personal information is described in our Privacy Policy at https://hobbsapp.com/privacy, which is incorporated into this Agreement by reference.

6. Third-Party Services and Integrations

The Service may integrate with third-party services (for example, payment processing, accounting software such as Intuit QuickBooks, video conferencing, access-control, and communications providers). Your use of any third-party service through the Service is governed by that third party's terms and privacy policies. Company is not responsible for third-party services and does not warrant their availability, accuracy, or security. Enabling an integration authorizes the Service to exchange the relevant data with that third party on your behalf.

7. Acceptable Use

You will not use the Service to: transmit unlawful, infringing, harmful, or fraudulent content; violate the privacy or intellectual-property rights of others; distribute malware; attempt to gain unauthorized access to any system; or interfere with the integrity or performance of the Service.

8. Intellectual Property

The Service, including all software, features, and content provided by Company, and all related intellectual-property rights, are and remain the exclusive property of Company and its licensors. This Agreement does not grant you any rights in the Service except the limited license expressly stated. Feedback you provide about the Service may be used by Company without restriction or obligation.

9. Aviation and Operational Disclaimer

The Service is a business-management and record-keeping tool. It is not a source of official aeronautical, regulatory, airworthiness, maintenance, currency, or training authority, and it is not a substitute for the pilot-in-command's, operator's, instructor's, or maintenance provider's independent judgment and legal responsibilities. You are solely responsible for compliance with all applicable aviation regulations (including those of the Federal Aviation Administration), for verifying the accuracy of any records, currency, endorsements, airworthiness, or scheduling information, and for all operational and safety decisions. Company is not responsible for any decision made in reliance on data displayed by the Service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE. COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS YOU PAID TO COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You will defend, indemnify, and hold harmless Company from and against any claims, damages, and expenses (including reasonable attorneys' fees) arising out of your Customer Data, your use of the Service, or your breach of this Agreement.

13. Term and Termination

This Agreement applies while you use the Service. We may suspend or terminate your access if you breach this Agreement or fail to pay applicable fees. You may stop using the Service at any time. Upon termination, your license ends; provisions that by their nature should survive (including Sections 8–12) will survive.

14. Changes to the Service and this Agreement

We may modify the Service or this Agreement from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Agreement with a new "Last updated" date). Your continued use of the Service after changes take effect constitutes acceptance.

15. Governing Law

This Agreement is governed by the laws of the State of [GOVERNING-LAW STATE], without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in [GOVERNING-LAW STATE] for any dispute not subject to arbitration.

16. Contact

Questions about this Agreement may be sent to support@hobbsapp.com.