End User License Agreement

Last Updated: February 17, 2026

These Terms of Service along with any other terms and policies referenced herein, and are incorporated herein by reference and form an integral part hereof, as amended from time to time, collectively, the “Terms,” constitute a legally binding agreement as of the Effective Date (as defined below) by and between (i) as applicable, Aircraft Performance Group, LLC, a Delaware limited liability company, and its subsidiaries Rocket Route Ltd., a United Kingdom private limited company, and APG Avionics LLC, a Delaware limited liability company (d/b/a Seattle Avionics) (“APG,” “us,” “we” or “our”) and (ii) you, either individually, or on behalf of your employer or any other entity which you represent (“User,” “you” or “your”) governing your access to, and your use of, any APG application (“Licensed Application”) through the digital storefront of Apple Inc. or its subsidiaries (“Apple”) (the “App Store”) (“Service”).

BY INSTALLING ANY A LICENSED APPLICATION OR USING THE SERVICE (SUCH DATE OF INSTALLATION, ACCESS, OR USE, WHICHEVER IS EARLIEST, THE “EFFECTIVE DATE”) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY, AND LIMITATION OF LIABILITY PROVISIONS BELOW. IF YOU ARE USING THE SERVICE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, THEN YOU REPRESENT AND WARRANT THAT YOU: (A) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS; AND (B) AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT INSTALL ANY OF THE APPs.

1. Licensed Application.

If you access a Licensed Application through the digital storefront of Apple Inc. through the App Store, any purchase made through Apple’s in-app purchase system is processed by Apple and is governed by Apple’s terms and processes. Any renewal, cancellation, and refund rights for App Store Purchases will be determined by Apple’s processes.

2. Term and Termination; Suspension.

2.1. Term.

These Terms are in full force and effect, commencing upon the Effective Date, until the end of the Service unless terminated otherwise in accordance with these Terms.

2.2. Termination by Us.

We may terminate or suspend your access to the Service and these Terms if: (i) you breach any of the provisions of these Terms; (ii) we reasonably determine that your use of the Service creates a security risk, may cause harm to us or any third party, or may subject us or any third party to liability; or (iii) we are required to do so to comply with applicable law or a binding request from a governmental authority.

We may also discontinue the Service (or any portion of it) at any time, subject to applicable law. If we discontinue the Service, we may provide notice by posting an announcement within the Service or by sending you an email.

For clarity, APG does not process refunds for App Store Purchases. Any cancellation, renewal, and refund requests for App Store Purchases are governed by Apple’s terms and processes.

2.3. Termination by User.

You may terminate these Terms at any time by ceasing all access to and use of the Service and uninstalling the Licensed Application.

If you have an App Store Purchase that is a subscription, you may cancel that subscription through Apple in accordance with Apple’s subscription management processes. For clarity, cancelling an App Store subscription does not automatically delete your account or otherwise terminate these Terms.

2.4. Effect of Termination of Service.

Upon termination or expiration of these Terms, your right to access and use the Service will end, and you will immediately stop accessing and using the Service. To the extent the Licensed Application stores any client-side cached data derived from the Service, you will clear that cache to the extent reasonably practicable.

Termination of these Terms does not affect your rights, if any, with respect to App Store Purchases, which are governed by Apple’s terms and processes.

2.5. Survival.

Notwithstanding anything to the contrary, Sections 2.5, 4, 6, 7, 8, 9, 13, and 14 shall survive the termination or expiration of these Terms and continue to be in force and effect in accordance with their applicable terms.

2.6. Suspension.

Without limiting our termination rights, we may suspend access to the Service, in whole or in part, if: (i) we reasonably believe a suspension is necessary to address a security risk; (ii) we reasonably believe you are using the Service in violation of these Terms or applicable law; or (iii) suspension is required to protect the integrity or availability of the Service.

3. Our Service.

3.1. Modification or Discontinuation of the Service.

We may add, modify or discontinue any feature, functionality or any other tool, within the Service, at our own discretion and without further notice, however, if we make any material adverse change in the core functionality of the Service, then we will notify you by posting an announcement via the Service or by sending you an email.

3.2. No Contingency on Future Releases and Improvements.

You acknowledge that your use of the Service is not contingent on the delivery by us of any future functionality or feature, or on any public statements we may make regarding future functionality or features.

3.3 Takeoff and Landing Data.

When our Service includes supplying takeoff and landing data, it is understood that APG shall utilize the National Oceanic Survey Airport Obstruction Chart, applicable approach plates, and the International Civil Aviation Organization Airport Characteristics Data Bank for the purpose of obtaining airport data for compliance with the relevant regulatory agency requirements. This does not preclude User from providing APG with any additional airport data should User so desire. In addition to other disclaimers and limitations of liability set forth in these Terms, User acknowledges and agrees that APG is not responsible for verifying the accuracy or appropriateness of any data obtained from any governmental agency, aircraft/engine manufacturer, or User.

4. Intellectual Property Rights; License.

4.1. Our Intellectual Property.

The Service, inclusive of materials, such as software, databases, application programming interface, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks, domain names, business names, topography and services marks, any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing (collectively, “APG Materials”), are the property of APG and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and APG, APG retains all right, title and interest, including all intellectual property rights, in and to the APG Materials (i) whether such APG Material is registered or not; (ii) including any applications to protect or register such rights; (iii) including all renewals and extensions of such rights or applications; (iv) whether vested, contingent or future; and (v) wherever existing.

4.2. Your Access and Use Rights.

Subject to these Terms, and your compliance thereof, APG grants you a revocable, limited, worldwide, non-exclusive, non-transferable, non-sublicensable, non-assignable right to access and use the Service for its intended purposes and strictly in accordance with these Terms.

For clarity, the Licensed Application may be installed and used as permitted by Apple’s usage rules. Any restrictions in these Terms apply to the Service and associated account credentials and will not limit any rights granted under Apple’s applicable usage rules for the Licensed Application.

4.3. Use Restrictions.

Except as expressly permitted in these Terms, you may not, and you represent you will not use the Service in breach of any applicable laws or regulations, or for any illegal or unlawful or fraudulent purposes in any jurisdiction. Further, you may not, and you represent you will not: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Service or copies thereof to any third party, including, but not limited to your affiliates or subsidiaries; (ii) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (iii) reverse engineer, disassemble, decompile, modify, create derivative works of or otherwise manipulate any portion of the Service, in whole or in part, except to the extent expressly permitted by applicable law, and then only after prior written notification has been given to APG specifying the permitted manipulation; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service, or any part thereof; (v) interfere or attempt to interfere with the integrity or proper working of the Service, or any related activities; (vi) remove, deface, obscure, or alter APG’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service; (vii) use the Service for competitive purposes, including to develop or enhance a competing service or product; (viii) export or re-export, directly or indirectly, any portion of the Service into any country prohibited by the applicable laws and regulations in the United States of America; or (ix) encourage or assist any third party to do any of the foregoing.

4.4. User Content.

As part of the Service provided to you, you may be able to upload certain content to an APG App or platform, including any aircraft and flight plan information and which may include personal data protected by applicable law (“Personal Data”) (“User Content”). By posting or uploading the User Content to an APG App or platform, you represent and warrant that (i) you have all the necessary rights to post or upload such User Content, and (ii) your posting or uploading of such User Content does not infringe or violate the rights of any third party. You hereby grant APG a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use the User Content for purposes of providing the Service to you. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is illegal; (v) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to Personal Data; or (vi) contains any information or content that is not correct, accurate and current. APG reserves the right, but is not obligated, to reject and/or remove any User Content that APG believes, in its sole discretion, violates these provisions.

4.5. User Indemnity.

You agree to indemnify, defend and hold harmless APG and its affiliates, shareholders, directors, officers, employees and agents from and against all actions, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, damages, penalties, fines, fees, costs, expenses (including reasonable attorneys’ fees), liabilities, taxes, and losses suffered or incurred by us arising out of or relating to your breach of any provision in Sections 4.3 or 4.4.

4.6. Feedback.

As a User of the Service, you may provide suggestions, comments, feature requests or other feedback to any Service (“Feedback”). Such Feedback is deemed an integral part of APG Materials, and as such, it is the sole property of APG without restrictions or limitations on use of any kind. APG may either implement or reject such Feedback, without any restriction or obligation of any kind. You (i) irrevocably assign to APG any right, title and interest you may have in such Feedback; and (ii) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights, worldwide, in or to such Feedback.

5. Trial Service; Pre-Released Services.

5.1. Trial Service.

We may offer, from time to time, part or all of our Service on a free, no-obligation trial version (“Trial Service”). We reserve the right to modify, cancel and/or limit this Trial Service at any time and without liability or explanation to you.

5.2. Pre-Released Services.

Note that we may offer, from time to time, certain Services in an Alpha or Beta versions (the “Pre-Released Services”) and we use best endeavors to identify such Pre-Released Services as such. Pre-Released Services are Services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.

5.3. Governing Terms of Trial Service and Pre-Released Services.

The Trial Service and Pre-Released Services are governed by these Terms, provided that notwithstanding anything in these Terms or elsewhere to the contrary, in respect of Trial Service and Pre-Released Services (i) such services are licensed hereunder on as “As-Is”, “With All Faults” “As Available” basis, with no warranties, express or implied, of any kind and (ii) TO THE FURTHEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF APG, ITS AFFILIATES OR ITS THIRD PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SERVICE) EXCEED US$100. We make no promises that any Trial Service and/or Pre-Released Services will be made available to you and/or generally available. To the extent there is any conflict between these Terms and the Trial Agreement in respect of the Trial Service, then these Terms shall prevail.

6. Confidentiality.

6.1. Confidential Information.

In connection with these Terms and the Service (including the evaluation thereof), each party (“Disclosing Party”) may disclose to the other party (“Receiving Party”), non-public business, product, technology and marketing information, including without limitation, customers lists and information, know-how, software and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior or after the Effective Date (the “Confidential Information”). For the avoidance of doubt, (i) your personal information provided to us (“User Data”) is regarded as your Confidential Information, and (ii) our Service, Trial Service and/or Pre-Released Services, inclusive of their underlying technology, and their respective performance information, as well as any data, reports and materials we provided to you in connection with your evaluation or use of the Service, are regarded as our Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without any use or reference to the Confidential Information.

6.2. Confidentiality Undertakings by the Receiving Party.

The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, service providers and agents, on a need to know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these Terms and as required to be disclosed to legal or financial advisors to the Receiving Party or in connection with a due diligence process that the Receiving Party is undergoing, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein.

6.3. Compelled Disclosure.

Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however, that to the extent legally permissible, the Receiving Party shall make best efforts to provide prompt written notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.

7. Warranty Disclaimer.

NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

7.1. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, AND APG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR USE, AND ALL WARRANTIES ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

7.2. APG DOES NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICE, INCLUDING THE ACCESS THERETO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND/OR SERVICE ARE FREE FROM VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL CODE. WE FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS, OR OTHER DAMAGES THAT YOU AND/OR YOUR DATA MAY SUFFER, THAT ARE BEYOND OUR CONTROL.

7.3. WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICE (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICE. APG AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING THE SERVICE OR ANY OTHER PERFORMANCE UNDER THESE TERMS. YOU ACKNOWLEDGE THAT NONE OF THE APG’S DATA MADE AVAILABLE AS PART OF THE SERVICE IS REAL TIME DATA.

8. Limitation of Liability.

NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

8.1. IN NO EVENT SHALL WE/APG AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THIRD PARTY SERVICE PROVIDERS), BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, USE, BUSINESS, REPUTATION, REVENUE OR GOODWILL; AND/OR (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8.2. To the fullest extent permitted by applicable law, in no event will the total aggregate liability of APG and its affiliates, subcontractors, agents, and vendors under, or otherwise in connection with, these Terms exceed the greater of: (i) the total amounts paid by you for the Licensed Application and any in-app purchases during the twelve (12) consecutive months preceding the event giving rise to the claim, or (ii) US$100. This limitation is cumulative and not per incident.

8.3 If a court of competent jurisdiction determines that applicable law implies warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on our liability set forth in this Section 8 will apply to the fullest extent permitted by law. If we cannot exclude or limit a warranty or liability implied by law, these additional terms will be read and construed subject to such provisions of law.

9. Specific Laws; Reasonable Allocation of Risks; Indemnification; User Insurance.

9.1. Specific Laws.

Except as expressly stated in these Terms, we make no representations or warranties that your use of the Service is appropriate in your jurisdiction. Other than as indicated herein, you are responsible for your compliance with any local and/or specific applicable Laws, as applicable to your use of the Service.

9.2. Reasonable Allocation of Risks.

You hereby acknowledge and confirm that the limitations of liability and warranty disclaimers contained in these Terms are agreed upon by you and us and we both find such limitations and allocation of risks to be commercially reasonable and suitable for our engagement hereunder, and both you and us have relied on these limitations and risk allocation in determining whether to enter these Terms.

9.3. Indemnification.

You agree to indemnify, defend and hold harmless APG and its affiliates, shareholders, directors, officers, employees and agents (together “Indemnified Parties”) from and against all actions, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, damages, penalties, fines, fees, costs, expenses (including reasonable attorneys’ fees), liabilities, taxes, and losses (“Adverse Consequences”) suffered or incurred by any Indemnified Party arising out of or relating to User’s reliance on and/or use of the Service to be supplied by APG hereunder (each, a “Claim”), except to the extent of any obligation, liability, claim or remedy in tort due to the reckless misconduct of APG. An Indemnified Party seeking indemnification hereunder shall promptly give you notice of the initiation of a Claim of which it has actual knowledge. The Indemnified Party shall be entitled to participate in the defense of any such Claim by counsel of its choosing, at the indemnifying party’s sole cost and expense.

9.4 User Insurance.

If you use the Service in connection with any commercial aircraft operations, you will maintain commercially reasonable general liability insurance customary for your operations, including coverage for bodily injury and property damage liability arising from aircraft operations.

10. Export Controls; Sanctions.

The Service may be subject to U.S. or foreign export controls, Laws and regulations (the “Export Controls”), and you acknowledge and confirm that: (i) you are not located or use, export, re-export or import the Service (or any portion thereof) in or to, any person, entity, organization, jurisdiction or otherwise, in violation of the Export Controls; (ii) you are not: (a) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (currently, Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine), (b) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (c) otherwise the target of U.S. sanctions. User is solely responsible for complying with applicable Export Controls and sanctions which may impose additional restrictions, prohibitions or requirements on the use, export, re-export or import of the Services and/or the User Data and User Data is not controlled under the U.S. International Traffic in Arms Regulations or similar Laws in other jurisdictions, or otherwise requires any special permission or license, in respect of its use, import, export or re-export hereunder.

11. Modifications.

Occasionally we may make changes to these Terms for valid reasons, such as adding new functions or features to the Service, technical adjustments, typos or error fixing, for legal or regulatory reasons or for any other reasons as we deem necessary, at our sole discretion. When we make material changes to these Terms, we’ll provide User with notice as appropriate under the circumstances, e.g., by displaying a notice within the Service or by sending User an email. Your continued use of the Service after the changes have been implemented will constitute your acceptance of the changes.

12. Government Use.

If User is part of a U.S. Government agency, department or otherwise, either federal, state or local (a “Government User”), then Government User hereby agrees that the Service under these Terms qualifies as “Commercial Computer Software” and “Commercial Computer Software Documentation”, within the meaning of Federal Acquisition Regulation (“FAR”) 2.101, FAR 12.212, Defense Federal Acquisition Regulation Supplement (“DFARS”) 227.7201, and DFARS 252.227-7014. In addition to being bound by these Terms, Government User further acknowledges and agrees that it shall be bound by the terms of this Section 12. Government User’s technical data and software rights related to the Service include only those rights customarily provided to the public as specified in these Terms in accordance with FAR 12.212, FAR 27.405-3, FAR 52.227-19, DFARS 227.7202-1 and General Services Acquisition Regulation (“GSAR”) 552.212-4(w) (as applicable). In no event shall source code be provided or considered to be a deliverable or a software deliverable under these Terms. We grant no license whatsoever to any Government User to any source code contained in any deliverable or a software deliverable. If a Government User has a need for rights not granted under the Terms, it must negotiate with us to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement. Any unpublished-rights are reserved under applicable copyright laws. Any provisions contained in these Terms that contradict any Law applicable to a Government User, shall be limited solely to the extent permitted under such applicable Law.

13. Governing Law and Jurisdiction; Class Action Waiver and Mandatory Arbitration. Nothing in this Section limits any non-waivable consumer rights under applicable law.

13.1. Governing Law; Jurisdiction.

These Terms are governed by the laws of the State of Colorado, USA without recourse to choice of law statutes or principles that would otherwise result in the application of the law of any other jurisdiction. You and us mutually agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Notwithstanding the foregoing, APG reserves the right to seek injunctive relief in any court in any jurisdiction.

13.2. Class Action Waiver.

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND APG AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and APG mutually agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

13.3. Arbitration.

To the extent permitted under applicable law, you and APG hereby irrevocably agree to the following provisions:

13.3.1 Dispute resolution and Arbitration.

Any dispute, claim, or controversy between you and us arising in connection with, or relating in any way to, these Terms (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination or expiration of these Terms) will be determined solely by mandatory binding arbitration. In arbitration there is no judge or jury and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.

13.3.2 Exception.

Notwithstanding clause 13.3.1 above, you and APG both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to seek injunctive relief in a court of law. In addition to the above, notwithstanding clause 13.3.1 above, APG may file a suit in a court of law against you to address infringement claims or injunctive relief.

13.3.3 Arbitration Process Rules.

In the event of any dispute, claim or controversy between or among the parties to these Terms arising out of or relating to these Terms or any breach thereof, including, without limitation, any claim that these Terms or any of its parts is invalid, illegal or otherwise voidable or void, whether such dispute, claim or controversy sounds in contract, tort, equity or otherwise, and whether such dispute, claim or controversy relates to the meaning, interpretation, effect, validity, performance or enforcement of these Terms, such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in Castlerock, Colorado, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the Parties to these Terms hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration. Such arbitration proceeding shall be conducted in as expedited a manner as is then permitted by the commercial arbitration rules (formal or informal) of the American Arbitration Association. Both the foregoing agreement of the parties to these Terms to arbitrate any and all such disputes, claims and controversies and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings. Notwithstanding any provision of this these Terms relating to which state laws govern these Terms, all issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the federal common law of arbitration. The award of the Arbitrator shall be final and binding on the parties. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under these Terms shall be kept confidential to the maximum extent possible.

13.3.4 Special Statute of Limitation.

Any arbitration must be commenced by filing a demand for arbitration within 2 years after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits such limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

13.3.5 Notice; Process.

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Dispute Notice”). The Dispute Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Dispute Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Without derogating from the generality of the confidentiality protection under Section 6 above, all documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor us shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.

14. General Provisions.

14.1. Translated Versions.

These Terms were written in English and may be translated into other languages for your convenience. If a translated (non-English) version of these Terms conflicts in any way with their English version, the provisions of the English version shall prevail.

14.2. Force Majeure.

Neither us nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

14.3. Relationship of the Parties; No Third-Party Beneficiaries.

The parties are independent contractors. These Terms and the Service provided hereunder, do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Except as expressly set forth in these Terms, there are no third party beneficiaries to these Terms.

14.4. Notice.

We shall use your contact details that we have in our records, in connection with providing you notices, subject to this Section 14.4. Our contact details for any notices are detailed below. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Service, shall be provided as follows: via the Service, including by posting on our Sites or posting in your account, text, in-app notification, e-mail, phone or first class, airmail, or overnight courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing. Any notice to you will be deemed given upon the earlier of: (i) receipt; or (ii) 24 hours of delivery. Notices to us shall be provided via email to support@apgdata.com.

14.5. Assignment.

You may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of this Section 14.5 is void.

We may assign these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

14.6. Severability.

These Terms shall be enforced to the fullest extent permitted under applicable law. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.

14.7. No Waiver.

No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

14.8 Communications.

By using the Services, you consent to receiving certain electronic communications from us as further described in these Terms or our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. You agree that the Company may send periodic email newsletters to email addresses used to subscribe to the Services or otherwise register with Company in connection with the Services. If you are a European citizen and the General Data Protection Regulation (“GDPR”) applies to you, you can find details about your rights under the GDPR in our Privacy Policy.

14.9 Notice Regarding Apple.

For purposes of this Section 14.9, “Licensed Application” means the iOS application made available by APG through the App Store that references these Terms. The Licensed Application is licensed, not sold, to you.

Apple Inc. and its subsidiaries (“Apple”) as host of the Licensed Application, has the following additional requirements for these Terms:

a. Acknowledgement: You acknowledge that these Terms are concluded between you and APG only, and not with Apple, and APG, not Apple, is solely responsible for the Licensed Application and the content thereof. These Terms will not provide usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions. If there is a conflict, the Apple Media Services Terms and Conditions will govern.

b. Scope of License: The license granted to you for the Licensed Application is a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

c. Maintenance and Support: APG is solely responsible for providing maintenance and support services with respect to the Licensed Application to the extent required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

d. Warranty: Apple makes no warranties with respect to the Licensed Application, whether express or implied by law. In the event of any failure of the Licensed Application to conform to any applicable APG warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be APG’s responsibility.

e. Product Claims: You acknowledge that APG, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

f. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and/or use of the Licensed Application infringes that third party’s intellectual property rights, APG, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

g. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

h. Developer Name and Address: Any end-user questions, complaints or claims with respect to the Licensed Application should be directed to: Aircraft Performance Group, LLC, 10375 Park Meadows Dr. #350 Lone Tree, CO 80124.

i. Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Licensed Application, e.g., you must not be in violation of your wireless data service agreement.

j. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.