APG Evaluation Terms
Last Updated: March 23, 2026
Service Agreement; Evaluation Terms
1. Incorporation; scope
1.1. These Evaluation Terms apply only if and when incorporated by reference into a service agreement executed by Aircraft Performance Group, LLC (“APG”) and Customer (the “Service Agreement”) and do not apply to any other APG products or services unless expressly stated.
1.2. The Evaluation Terms, together with the Service Agreement and APG’s Terms of Service available at https://flyapg.com/terms-of-service/ and incorporated into the Service Agreement (the “Terms of Service”) (collectively, the “Agreement”), govern Customer’s access to and use of the Evaluation Products during the Evaluation Period. If there is a conflict, the following order of precedence applies: (i) this Agreement, (ii) the Evaluation Terms, and (iii) the Terms of Service.
1.3. Any “trial,” “Trial Service,” or “Trial Agreement” provisions in the Terms of Service will not apply to the Evaluation described in these Evaluation Terms.
1.4. Capitalized terms used but not defined in these Evaluation Terms have the meanings given to them in the Service Agreement.
2. Definitions
2.1. “Conversion Date” means the day immediately following the Evaluation End Date (defined below).
2.2. “Customer ID” means the Customer ID stated in the Service Agreement.
2.3. “Date of Order” means the Date of Order stated in the Service Agreement.
2.4. “Evaluation” means Customer’s access to and use of the Evaluation Products during the Evaluation Period for Customer’s internal business purposes.
2.5. “Evaluation End Date” means the last day of the Evaluation Period.
2.6. “Evaluation Products” means APG’s full suite of PilotONE products available on the Date of Order.
2.7. “Opt-Out Deadline” means 5:00 p.m. Central Time (US) on the Evaluation End Date.
2.8. “Opt-Out Notice” means Customer’s written notice delivered in accordance with Section 4.1 that Customer elects to opt out of the Subscribed Products.
2.9. “Subscribed Products” means the products listed as Subscribed Products in the Service Agreement.
3. Evaluation period products and fees
3.1. APG hereby grants Customer a non-exclusive, non-transferable license during the Evaluation Period to access and use the “Evaluation Products” solely for the purpose of evaluating and testing for Customer’s internal business purposes (the “License”). The License may not be publicly disclosed, sublicensed, sold, assigned, leased, loaned, or otherwise transferred by Customer to any third party for any reason.
3.2. APG has no obligation to develop or provide any updates or revisions to the Evaluation Products, and APG reserves the right to alter or adjust performance specifications for the Evaluation Products as it deems necessary or desirable.
3.3. Except as expressly stated in the Service Agreement, APG is not required to provide any implementation, onboarding, training, data conversion, or other professional services in connection with the Evaluation.
3.4. APG will not charge Customer any fees or charges for the License during the Evaluation Period, including any usage-based fees, overage fees, one-time fees, implementation fees, professional services fees, support fees, or similar charges.
3.5. APG may limit, suspend, or discontinue access to the Evaluation Products during the Evaluation Period as reasonably necessary to support operation, security, or administration of the Evaluation Products.
4. Opt-out process and automatic conversion
4.1. Unless Customer opts out of the Subscribed Products by delivering an Opt-Out Notice that is received by APG no later than the Opt-Out Deadline, then, effective on the Conversion Date, (a) Customer will be deemed to have elected to continue the Subscribed Products after the Evaluation Period and this Agreement will continue for the Initial Term subject to the Terms of Service, (b) APG will begin charging the applicable Prod Rate for the Subscribed Products set out in the Service Agreement; and (c) Customer authorizes APG to invoice Customer and charge Customer’s payment method(s) on file for such Prod Fees. The Opt-Out Notice must (a) be sent to support@flyapg.com, (b) identify Customer and Customer ID, and (c) state that Customer elects to opt out of the Subscribed Products after the Evaluation Period.
4.2. For Opt-Out Notices under these Evaluation Terms, the notice method stated in this Section 4.1 controls notwithstanding any general notice provision in the Terms of Service or the Service Agreement.
4.3. If APG receives an Opt-Out Notice by the Opt-Out Deadline, then effective on the Conversion Date: (a) this Agreement will terminate, (b) Customer must discontinue use of the Subscribed Products, (c) APG may discontinue Customer’s access to the Evaluation Products at the end of the Evaluation Period, and (d) APG will not charge Customer any Prod Fees for the Subscribed Products.
4.4. Customer acknowledges that, before executing the Service Agreement that incorporates these Evaluation Terms by reference, Customer received or had access to information about all of the following: (a) the Prod Fees that will apply beginning on the Conversion Date for the Subscribed Products, (b) the Opt-Out Deadline, and (c) the method for delivering the Opt-Out Notice.
4.5. Any temporary continuation of access to the Evaluation Products after the Evaluation Period, even after receipt by APG of an Opt-Out Notice, or any delay by APG in invoicing Prod Fees, will not waive APG’s rights under the Service Agreement or these Evaluation Terms and will not change the Conversion Date, the Opt-Out Deadline, or Customer’s payment obligations.
5. Fees; prepaid amounts; credits
5.1. Fees for the Subscribed Products are as stated in the Service Agreement. Payment, invoicing, taxes, late fees, suspension, renewals, and collection will be governed by the Terms of Service, except to the extent the Service Agreement or these Evaluation Terms state otherwise.
6. Changes; upgrades; ordering
6.1. During the Evaluation Period, Customer may opt out of one or more Subscribed Products identified in the Service Agreement, and the Subscribed Products not opted out of and the applicable fees for such Subscribed Products may be set out in an updated order document.
6.2. Any change to the products, scope, fees, or term under the Service Agreement will be effective only if set forth in (a) a written amendment or order executed by APG and Customer, or (b) another ordering method expressly authorized by APG that references the Service Agreement.
7. Disclaimer of warranty
7.1. This Section 7 applies only to the Evaluation Products and only during the Evaluation Period. By their nature, the Evaluation Products may contain errors, bugs and other problems that could cause system failure and the testing and quality assurance of the Evaluation Products may not yet be completed. Because the Evaluation Products are subject to change, APG reserves the right to alter the Evaluation Products at any time, and any reliance on the Evaluation Products is at Customer’s own risk. CUSTOMER ACCEPTS THE EVALUATION PRODUCTS “AS IS.” APG MAKES NO WARRANTY OF ANY KIND REGARDING THE EVALUATION PRODUCTS. APG HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS.
8. Entire agreement
8.1. These Evaluation Terms are incorporated into and form part of the Service Agreement and apply only as provided in Section 1.1. These Evaluation Terms do not apply unless and until incorporated into a Service Agreement executed by APG and Customer.