Terms & Conditions

1. Acceptance of Terms

By accessing, registering for, or using FlightPal (the "Service"), you agree to be bound by these Terms and Conditions (the "Terms"). These Terms constitute a legal agreement between you and FlightPal LLC, a Delaware limited liability company located at 131 Continental Drive, Suite 305, Newark, Delaware 19713 ("FlightPal," "we," "us," or "our").

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service, and your continued use constitutes acceptance of the modified Terms. Please review these Terms periodically for updates.

If you are accessing the Service on behalf of an entity (such as a company or organization), you represent and warrant that you have the legal authority to bind that entity to these Terms.

2. Description of Service

FlightPal is a digital self-help educational program designed to help individuals manage anxiety related to flying using cognitive behavioral therapy (CBT) techniques, breathing exercises, aviation education, and personalized coaching through an AI assistant.

Service Components

• Onboarding Quiz: An initial assessment that personalizes your experience based on your fear triggers and preferences.
• Personalized 30-Day Plan: A customized learning path with daily exercises, techniques, and modules.
• Educational Content: Information about aviation safety, aircraft operations, and evidence-based anxiety management.
• Breathing Exercises: Guided exercises and techniques to manage anxiety in the moment.
• AI Coach (Flighty): An artificial intelligence assistant available to provide support, guidance, and encouragement.
• Progress Tracking: Tools to monitor your progress through the program.

What FlightPal Is NOT

If you have been diagnosed with a clinical anxiety disorder, phobia, panic disorder, PTSD, or any other mental health condition, we strongly recommend consulting with a licensed therapist, counselor, or psychiatrist before using FlightPal. FlightPal is designed to complement professional treatment, not replace it.

3. Account Registration and Security

3.1 Registration Requirements

To use the Service, you must create an account by providing accurate, current, and complete information as requested. You agree to:

• Provide truthful and accurate information during registration
• Maintain and promptly update your account information
• Be at least 18 years of age (or the legal age of majority in your jurisdiction)
• Provide a valid email address for account notifications and communications

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to:

• Choose a strong password and change it regularly
• Never share your password with third parties
• Immediately notify us of any unauthorized access or security breach
• Log out of your account when using a shared device

FlightPal is not responsible for unauthorized access resulting from your failure to maintain account security. If you suspect unauthorized access, contact us immediately at support@tryflightpal.com.

3.3 Account Termination

You may request to delete your account at any time by contacting support@tryflightpal.com. Upon deletion, we will cease providing the Service to you and delete your personal data in accordance with our Privacy Policy, subject to any legal retention obligations.

4. Subscription Plans, Fees, and Payment Terms

4.1 Subscription Model

FlightPal operates on a subscription-based model. Access to the Service requires an active subscription. We offer three introductory subscription plans, all of which include the same features and content:

4.2 Auto-Renewal and Billing Consent

By selecting a subscription plan and providing payment information, you acknowledge and consent to automatic renewal at the then-current monthly rate as displayed at your time of purchase. You:

• Authorize FlightPal to charge your payment method monthly on the anniversary of your subscription start date
• Acknowledge that your subscription will automatically renew every month after your introductory period ends
• Consent to receive a renewal charge at the then-current standard monthly renewal rate (as shown at checkout and confirmed in your purchase receipt, or any updated price we provide) for all months following your introductory period
• Understand that if you wish to cancel, you must do so before the next renewal date to avoid additional charges

4.3 Pre-Renewal Notification

We will send you an email reminder at least 3 business days before your subscription renews. This email will include:

• The renewal date and amount to be charged
• Instructions on how to cancel if you no longer wish to continue
• Your subscription details and plan information

It is your responsibility to ensure we have a current email address on file. We recommend checking your email inbox and spam folder during the 3-day period before renewal to ensure you receive this notification.

4.4 Payment Processing

All payments are processed securely through Stripe, a third-party payment processor. We do not store your credit card information directly. By providing payment information, you authorize Stripe to charge your payment method in accordance with the terms of this agreement. You are responsible for any charges incurred by your payment method.

4.5 Pricing Changes

We reserve the right to change subscription pricing for future renewal periods with 30 days' notice via email. Pricing changes will not apply to your current billing cycle. Continued use of the Service after a price increase constitutes acceptance of the new pricing. If you do not wish to pay the new price, you may cancel your subscription before the increase takes effect.

4.6 Refund Policy

FlightPal offers a 14-day refund guarantee for initial purchases only, subject to the full terms and conditions outlined in our separate Refund Policy. Please review the Refund Policy for complete details, including eligibility requirements and the refund process.

4.7 Cancellation

You may cancel your subscription at any time. To cancel, you may:

• Log into your account and use the billing portal to cancel (click-to-cancel option)
• Send an email to support@tryflightpal.com with your request to cancel
• Follow cancellation instructions provided in our pre-renewal email notification

Cancellations are effective immediately. You will retain access to the Service through the end of your current billing period. No refunds will be issued for partial months or unused portions of your subscription. After cancellation, renewal charges will cease on your next scheduled billing date.

4.8 Failed Payments

If your payment method fails or is declined, we will attempt to process the charge again using the payment method on file. If payment ultimately fails, we may suspend your access to the Service until payment is received. Continued non-payment may result in account cancellation and referral to a collection agency. You are responsible for all fees associated with collection efforts.

4.9 No Trial Period Without Charge

We do not offer a free trial. Your subscription begins with your first introductory payment, and you are charged immediately upon purchase.

4.10 Taxes and Additional Fees

Subscription fees are exclusive of applicable sales tax, VAT, or other taxes that may be required based on your location. Tax will be calculated and added to your invoice at checkout. You are responsible for any international transaction fees, currency conversion fees, or other charges imposed by your payment method provider or bank.

5. Health and Safety Disclaimers

5.1 Not Medical Advice or Treatment

5.2 Consultation with Healthcare Providers

If you have been diagnosed with an anxiety disorder, phobia, panic disorder, PTSD, depression, or any other mental health condition, you must consult with a licensed mental health professional (therapist, counselor, psychiatrist, or psychologist) before using FlightPal. FlightPal may be used as a complement to professional treatment, not as a substitute.

If you are taking medication for anxiety or any other condition, discuss FlightPal with your prescribing physician before beginning the program.

5.3 Safety in Flight

FlightPal does not provide real-time crisis support or emergency assistance during flights. If you experience a medical emergency, panic attack, or crisis while flying, alert a flight attendant immediately. Commercial aircraft have trained crew and emergency protocols in place.

5.4 Limitations of AI Coaching

The AI coach (Flighty) is not a substitute for professional support. The AI coach cannot diagnose conditions, prescribe treatment, or provide emergency mental health support. If you experience suicidal thoughts, severe panic, or any mental health crisis, immediately:

• Call 988 (Suicide & Crisis Lifeline) in the United States
• Text "HELLO" to 741741 (Crisis Text Line)
• Call emergency services (911 in the United States)
• Go to the nearest emergency room

5.5 No Warranty of Results

FlightPal does not guarantee any specific outcome, symptom reduction, or cure. Results vary by individual and depend on multiple factors including personal effort, consistency, individual physiology, and environmental circumstances. Some users may not benefit from the program.

5.6 Individual Variation

FlightPal's techniques and approaches work differently for different people. Some individuals may experience relief quickly, while others may require extended practice. Some individuals may not benefit from the program at all. We cannot predict individual outcomes.

5.7 Use at Your Own Risk

You use FlightPal entirely at your own risk. You are responsible for assessing whether FlightPal is appropriate for you and consulting with healthcare providers as needed. We are not liable for any adverse effects, whether psychological, physical, or otherwise.

6. Use of AI Coach (Flighty)

6.1 AI-Powered Service

FlightPal includes an AI coach named "Flighty" powered by artificial intelligence technology provided by third parties, including Anthropic. Flighty is designed to provide supportive guidance, personalized recommendations, and encouragement based on your responses and engagement with the program.

6.2 Limitations of AI

You acknowledge that:

• Flighty is an artificial intelligence system, not a human therapist or counselor
• Flighty cannot diagnose medical or mental health conditions
• Flighty cannot provide emergency mental health support
• Flighty responses are generated by algorithms and may contain errors, inaccuracies, or inappropriate content
• Flighty does not have access to your full medical history or healthcare provider information
• Flighty's responses are not a substitute for professional mental health treatment

6.3 Third-Party AI Services

Flighty uses artificial intelligence services provided by third parties, including Anthropic. Your interactions with Flighty (including any personal information or health-related content you share) may be processed by third-party AI services in accordance with their terms of service and privacy policies. You should review the privacy policies of relevant AI service providers.

6.4 Responsible Use of Flighty

When using Flighty, you agree to:

• Use Flighty only for its intended purpose of personal support and learning
• Not rely on Flighty for medical advice, diagnosis, or emergency support
• Seek professional help if you experience a mental health crisis
• Report any inappropriate, offensive, or harmful content generated by Flighty
• Not attempt to manipulate, exploit, or misuse the AI system

6.5 Content Generated by Flighty

Content generated by Flighty is provided on an "as-is" basis. We do not guarantee accuracy, appropriateness, or suitability for your specific situation. You are responsible for evaluating the relevance and appropriateness of Flighty's responses to your circumstances.

6.6 Reporting Issues with Flighty

If Flighty generates harmful, inappropriate, inaccurate, or concerning content, please report it to support@tryflightpal.com immediately. Include details about the issue and any relevant context.

7. User Conduct

7.1 Prohibited Activities

You agree not to use the Service for any unlawful purpose or in any way that could harm, damage, or disable the Service or others. Specifically, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use the Service to send spam, malware, viruses, or harmful code
• Engage in harassment, bullying, discrimination, or abusive behavior toward FlightPal staff or other users
• Share another person's personal information without consent
• Attempt to reverse-engineer, decompile, or discover the source code of the Service
• Use the Service in a manner that overburdens FlightPal's infrastructure
• Scrape, crawl, or automatically download content from the Service without authorization
• Sell, resell, or provide the Service to others for commercial purposes
• Use the Service while under the influence of substances that impair judgment
• Impersonate other users or misrepresent your identity
• Submit fraudulent payment information or make purchases on behalf of others

7.2 Consequences of Violations

If we determine that you have violated these Terms, we may:

• Suspend or terminate your account immediately without refund
• Report illegal activity to law enforcement
• Take legal action against you to recover damages
• Share relevant information with affected third parties

Termination due to violation of these Terms is at FlightPal's sole discretion and does not entitle you to a refund of any kind.

8. User-Generated Content

8.1 Your Content

If the Service allows you to submit, post, or otherwise provide content (such as forum posts, comments, feedback, or user data), you retain ownership of that content, but grant FlightPal a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content for purposes of operating, improving, and marketing the Service.

8.2 Responsibility for Your Content

You are solely responsible for the content you provide. You represent and warrant that:

• You own or have the right to license any content you submit
• Your content does not infringe any intellectual property rights, privacy rights, or other third-party rights
• Your content does not contain false, defamatory, obscene, or harmful information
• You have the right to grant the licenses described above

8.3 Content Moderation

FlightPal reserves the right to monitor, review, edit, or remove any user-generated content that we believe violates these Terms or may be harmful, without notice or liability to you. We are not responsible for user-generated content and do not endorse views expressed by users.

8.4 Personal Health Information

If you choose to share personal health information (such as details about your anxiety, medical history, or medications) within the Service, you do so at your own risk. Do not share sensitive health information unless you understand and accept the privacy implications as described in our Privacy Policy.

9. Intellectual Property

9.1 FlightPal's Intellectual Property

All content, materials, software, designs, images, audio, video, text, graphics, logos, and any other elements of the Service (the "FlightPal Content") are owned by or licensed to FlightPal and are protected by copyright, trademark, and other intellectual property laws. This includes but is not limited to:

• The overall design and layout of the Service
• All educational materials and content
• CBT techniques and methodologies as presented on the Service
• The Flighty AI coach and associated technology
• All trademarks, including "FlightPal," the FlightPal logo, and "Flighty"

9.2 License Grant

Subject to these Terms, FlightPal grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and FlightPal Content for your personal, non-commercial use only. This license does not include the right to:

• Reproduce or distribute FlightPal Content outside your personal use
• Modify, translate, or create derivative works
• Reverse-engineer or decompile the Service
• Use FlightPal Content for commercial purposes
• Remove copyright notices or attribution

9.3 Restrictions

You may not sell, license, or otherwise commercially exploit any part of the Service or FlightPal Content without written permission from FlightPal. Unauthorized reproduction or distribution of FlightPal Content is a violation of copyright law and these Terms.

9.4 Third-Party Content

The Service may contain references to or links to third-party content, including materials authored by aviation experts, CBT researchers, and other sources. Use of third-party content is subject to the intellectual property rights of those third parties. We do not claim ownership of third-party content.

10. Third-Party Services

10.1 Third-Party Integrations

FlightPal may integrate with or link to third-party services, including:

• Stripe for payment processing
• Anthropic or other AI service providers for Flighty
• Analytics services for tracking and improvement
• Other tools, platforms, or services as noted in the Service

10.2 Third-Party Terms and Privacy

Your use of third-party services is governed by their respective terms of service and privacy policies. FlightPal is not responsible for the content, policies, or practices of third-party services. We recommend reviewing the terms and privacy policies of any third parties whose services we integrate with.

10.3 External Links

The Service may contain links to external websites and resources for informational purposes. FlightPal does not endorse, control, or assume responsibility for the content of external websites. Use of external links is at your own risk and subject to the terms and policies of those external sites.

10.4 No Endorsement

Links to third-party services do not constitute endorsement or approval by FlightPal. We are not responsible for the accuracy, completeness, or quality of third-party content or services.

11. Warranty Disclaimers

11.1 "As-Is" Service

The Service is provided on an "as-is" and "as-available" basis without warranties of any kind. FlightPal disclaims all warranties, whether express, implied, or statutory, including:

• Warranties of merchantability
• Warranties of fitness for a particular purpose
• Warranties of non-infringement
• Warranties of accuracy, completeness, or timeliness
• Warranties of uninterrupted or error-free operation

11.2 No Warranty of Results

FlightPal does not guarantee any specific health outcomes, symptom reduction, or improvement in fear of flying. Results vary by individual based on factors beyond FlightPal's control, including personal effort, consistency, individual physiology, and environmental circumstances.

11.3 Content Accuracy

While we strive to provide accurate educational content based on current research, FlightPal makes no warranty as to the accuracy, completeness, or timeliness of the content. Information about aviation, CBT, or fear of flying may change or be subject to different interpretations.

11.4 Technical Support

FlightPal does not guarantee that technical issues will be resolved, that bugs will be fixed, or that the Service will be continuously available. We provide support in accordance with our Support Policy on a best-effort basis.

11.5 AI Limitations

Flighty is provided without warranty. FlightPal does not warrant that Flighty responses will be accurate, appropriate, helpful, or suitable for your individual circumstances. AI systems can make errors, and you should not rely solely on Flighty for important decisions affecting your health or safety.

12. Limitation of Liability

12.1 No Liability for Indirect Damages

To the extent permitted by law, FlightPal shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of profits, revenue, data, or business opportunities, even if FlightPal has been advised of the possibility of such damages.

12.2 Cap on Liability

FlightPal's total liability to you for any and all claims arising out of or related to these Terms or the Service shall not exceed the amount you paid for your subscription in the 12 months preceding the claim, or $100, whichever is greater. This limitation applies regardless of the form of action or basis of the claim.

12.3 No Liability for User Content

FlightPal is not responsible for any user-generated content, including content submitted by other users or content moderated by FlightPal staff.

12.4 No Liability for Third-Party Services

FlightPal is not liable for any failure, interruption, or limitation of third-party services, including Stripe, Anthropic, or other integrated services. See Section 10 for additional information about third-party services.

12.5 No Liability for Health Outcomes

FlightPal is not liable for any adverse health outcomes, whether psychological, physical, or otherwise, that may result from your use of the Service. This includes but is not limited to anxiety attacks, panic episodes, depression, or other mental health effects.

12.6 Essential Terms

You acknowledge that the limitations in this section are essential terms of this agreement and that FlightPal would not provide the Service without these limitations.

12.7 Applicable Law Limitations

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability. To the extent such limitations are prohibited by law, they shall be applied to the maximum extent permitted by law in your jurisdiction.

13. Indemnification

13.1 Indemnification Obligation

You agree to indemnify, defend, and hold harmless FlightPal LLC, its owners, employees, agents, and representatives from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service in violation of these Terms
• Your user-generated content or submissions
• Your violation of any applicable law or third-party rights
• Your negligence, willful misconduct, or breach of this agreement
• Any dispute between you and another user
• Your failure to disclose material information about your health status or mental health conditions

13.2 No Waiver

This indemnification obligation is in addition to any other remedies FlightPal may have and does not limit any other liability you may have to FlightPal.

14. Dispute Resolution and Arbitration

14.1 Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to be bound by Delaware law, and the jurisdiction of Delaware courts.

14.2 Informal Resolution

Before initiating any formal dispute resolution process, we encourage you to contact us to attempt to resolve the matter informally. Please send a detailed description of the dispute to legal@tryflightpal.com. We will respond within 30 days and work in good faith to resolve the dispute.

14.3 Binding Arbitration

If the dispute cannot be resolved informally, you and FlightPal agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the interpretation, breach, enforcement, or termination of these Terms) shall be settled by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules and Procedures, except as provided below.

The arbitration shall be conducted as follows:

• A single arbitrator shall be selected in accordance with JAMS rules
• The arbitration shall take place in Wilmington, Delaware, or another location agreed by the parties
• Each party shall bear its own costs and attorneys' fees, unless the arbitrator awards attorneys' fees to the prevailing party
• The arbitrator shall apply Delaware law and may award any remedy available under the law
• The arbitrator's decision shall be final and binding and may be enforced in any court of competent jurisdiction

14.4 Exceptions to Arbitration

Notwithstanding Section 14.3, the following disputes are not subject to arbitration:

• Claims seeking injunctive or equitable relief to prevent infringement of intellectual property rights
• Claims brought in small claims court (if allowed by law and within the jurisdiction's monetary limits)
• Claims related to payment fraud or unauthorized use of payment methods

14.5 No Class Actions

You agree that any arbitration shall be conducted on an individual basis, not as a class action, class arbitration, or representative action. You waive any right to participate in class actions or class arbitrations against FlightPal.

14.6 Injunctive Relief

You acknowledge that breaches of these Terms may cause irreparable harm for which monetary damages are an insufficient remedy. Accordingly, FlightPal shall be entitled to seek equitable relief, including injunction and specific performance, in addition to other remedies available at law or in equity.

14.7 Severability of Arbitration Clause

If any portion of the arbitration agreement is found to be unenforceable, the remainder shall remain in effect. If the arbitration clause as a whole is found unenforceable, any dispute shall be brought in the state and federal courts located in Wilmington, Delaware, and you consent to the exclusive jurisdiction of those courts.

14.8 Injunctions and Court Orders

Nothing in these Terms prevents either party from seeking a restraining order or preliminary injunction in court to prevent irreparable harm pending completion of arbitration or litigation.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Subscription Terms, constitute the entire agreement between you and FlightPal regarding the Service and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

15.2 Related Documents

The following documents are incorporated by reference and form part of this agreement:

• Privacy Policy
• Refund Policy
• Subscription Terms

15.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, the provision shall be severed. The remaining provisions shall remain in full force and effect.

15.4 Waiver

The failure of FlightPal to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by FlightPal.

15.5 Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms without FlightPal's prior written consent. Any unauthorized assignment is void. FlightPal may assign these Terms or any rights under these Terms without your consent.

15.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

15.7 Notices

Any notices, demands, or other communications required under these Terms shall be in writing and delivered by:

• Email to the address associated with your account (if applicable) or to legal@tryflightpal.com
• Personal delivery
• Registered or certified mail, postage prepaid, to 131 Continental Drive, Suite 305, Newark, Delaware 19713

Notices by email are deemed delivered when sent; notices by mail are deemed delivered 3 business days after mailing.

15.8 Contact Information

For general inquiries and support: support@tryflightpal.com

For legal matters: legal@tryflightpal.com

For privacy inquiries: privacy@tryflightpal.com

15.9 International Use

The Service is intended for use by residents of the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. We do not represent that the Service is lawful in all jurisdictions or suitable for all users.

15.10 Age of Majority

By using the Service, you represent and warrant that you are at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater. If you are a minor, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

15.11 Survival

The following provisions shall survive termination or expiration of these Terms: Sections 5 (Health and Safety Disclaimers), 9 (Intellectual Property), 11 (Warranty Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), and this Section 15.

15.12 Force Majeure

FlightPal shall not be liable for any failure or delay in performing any obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including acts of nature, war, terrorism, government action, or pandemic.

15.13 Feedback and Suggestions

Any feedback, suggestions, ideas, or improvements you provide to FlightPal regarding the Service ("Feedback") may be used by FlightPal without any obligation to you. By submitting Feedback, you grant FlightPal a worldwide, royalty-free license to use your Feedback in any manner.

15.14 No Partnership or Agency

These Terms do not create a partnership, joint venture, agency, or employment relationship between you and FlightPal. You are not authorized to act on behalf of FlightPal or represent FlightPal to third parties.

15.15 Cumulative Remedies

The remedies available to FlightPal under these Terms are cumulative and do not exclude any other remedies available by law or equity.