Terms of Service

These Terms of Service (“Terms”) govern your use of the Contrails Aviation Platform, including the web application, the iOS application, and the related APIs (collectively, the “Service”) operated by Nightingale Skies LLC(“we”, “us”).

The Service is licensed to flight-department operators (“Operators”) under a separate Master Subscription Agreement. If you are an end user (pilot, dispatcher, mechanic, administrator) accessing the Service through an account provisioned by an Operator, you accept these Terms by signing in.

You must be at least 18 years old and authorized by your Operator to use the Service. The Service is intended for professional aviation use and is not directed to consumers.

• Accounts are issued by your Operator. Do not share your credentials. You are responsible for activity under your account.
• We strongly recommend enabling two-factor authentication (TOTP) and a passkey on your iOS device.
• Notify your Operator administrator and [email protected] immediately if you suspect unauthorized access.

You agree not to:

• Use the Service in violation of any law or aviation regulation, or in a manner that creates a safety risk.
• Attempt to access another Operator’s tenant or another user’s data.
• Reverse engineer, decompile, or otherwise attempt to extract source code, except to the extent permitted by law.
• Interfere with the integrity, performance, or security of the Service (including by load-testing without prior written consent, deploying malware, or scraping).
• Use the Service to transmit unlawful, infringing, or harmful content.
• Falsify operational records or audit data. Records on the Service are subject to FAA recordkeeping requirements (notably 14 CFR §135.63).

Your Operator owns the data submitted to the Service. We process that data only as described in the Privacy Policy. You retain any rights you have in content you upload; you grant us a non-exclusive, royalty-free license to host, display, transmit, and back up that content solely to provide the Service.

Operational records (trip data, duty/flight time logs, training records, maintenance records, audit trails) are retained as required by 14 CFR §135.63 and equivalent regulations, even after an account is deactivated. We do not delete regulated records on individual user request; deletion of regulated records must be requested by your Operator and is subject to the applicable retention period.

• We aim for high availability but do not guarantee that the Service will be uninterrupted or error-free. Planned maintenance windows will be communicated in advance when practical.
• We may modify or discontinue features at any time. Material, adverse changes affecting paid features will be communicated to your Operator with reasonable notice.

The Service may interoperate with third-party services (Google Calendar, Google Workspace, Microsoft 365, Apple Push Notification service, Intuit QuickBooks, weather and navigation data providers). Your use of those services is governed by their own terms. We are not responsible for the availability or content of third-party services.

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, Nightingale Skies LLC disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Aviation safety.The Service is an operational support tool. It is not a substitute for the pilot-in-command’s authority and responsibility under 14 CFR §91.3, certified avionics, official weather services, FAA NOTAMs, or your Operator’s approved manuals. Always cross-check critical information against authoritative sources before flight.

To the maximum extent permitted by law, Nightingale Skies LLC and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or relating to the Service. Our total liability for any claim relating to the Service is limited to the greater of (a) the amount paid to us by your Operator for the Service in the 12 months preceding the claim or (b) US $100.

Your Operator may suspend or terminate your account at any time. We may suspend the Service to your account or to your Operator for breach of these Terms or to protect the Service. Upon termination, sections 5–6 and 9–13 survive.

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflicts of law principles. Disputes will be resolved in the state or federal courts located in Teton County, Wyoming, and you consent to that jurisdiction. Nothing here limits any non-waivable statutory rights you may have.

We may update these Terms from time to time. The “Last updated” date above reflects the most recent revision. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.

Nightingale Skies LLC · [email protected]