Trial Terms of Service

Last Updated: March 23, 2026

1. Trial Agreement; Trial Terms

These Trial Terms apply only if and when incorporated by reference into a trial agreement executed by Aircraft Performance Group, LLC ("APG") and Customer (the "Trial Agreement") and govern Customer's trial of the APG products and features identified in the Trial Agreement (the "Trial Products"). By executing the Trial Agreement, Customer agrees to these Trial Terms.

APG's Privacy Policy available at https://flyapg.com/privacy-policy/ ("Privacy Policy"), as amended from time to time, is incorporated by reference into these Trial Terms and applies to APG's processing of Customer Materials (defined below) and any personal data in connection with the Trial Products.

If there is a conflict between the Trial Agreement and the Trial Terms, the Trial Agreement will control. If there is a conflict between these Trial Terms and the Privacy Policy, these Trial Terms will control solely with respect to the Trial Products and the trial relationship.

Capitalized terms used but not defined in these Trial Terms have the meanings given to them in the Trial Agreement.

2. Trial Scope; Access and Use

During the trial period stated in the Trial Agreement (the "Trial Period"), APG will provide Customer access to and use of the Trial Products solely for Customer's internal trial purposes.

Customer's access to and use of the Trial Products is limited to the scope and quantities stated in the Trial Agreement (for example, tail numbers, devices, users, accounts, usage limits, or other entitlements). Any increase in scope is effective only if APG and Customer agree in writing.

The Trial Products are provided at no charge during the Trial Period. APG will not invoice or charge Customer for access to and use of the Trial Products during the Trial Period.

The Trial Period begins on the start date stated in the Trial Agreement and ends automatically on the end date stated in the Trial Agreement.

At the end of the Trial Period, Customer's access to the Trial Products will end automatically, and APG may disable Customer's access.

No paid service will begin, and no fees will be owed, unless APG and Customer execute a separate written order or amendment that identifies the paid products, scope, fees, and term.

3. Customer Responsibilities

Customer is responsible for all access to and use of the Trial Products under Customer's accounts and by Customer's users, whether authorized or unauthorized. Customer will ensure each user complies with these Trial Terms and any reasonable usage instructions provided by APG.

Customer will maintain the confidentiality of all credentials and will not share credentials among users. Customer will promptly notify APG of any suspected compromise, loss, or unauthorized use of credentials or accounts.

Customer will not, and will not permit any person to:

• copy, modify, translate, or create derivative works of the Trial Products;
• reverse engineer, decompile, or attempt to derive source code, except to the extent prohibited by applicable law;
• sublicense, resell, rent, lease, distribute, transfer, or make the Trial Products available to any third party;
• use the Trial Products to build or benchmark a competing product or service;
• interfere with or disrupt the Trial Products, including through security testing without APG's prior written consent; or
• use the Trial Products in violation of applicable law.

If Customer provides data, content, or other materials to APG in connection with the trial ("Customer Materials"), Customer represents that Customer has the rights and permissions necessary to provide the Customer Materials for the trial.

4. Data; Retention; Deletion

APG may process Customer Materials to provide, support, and secure the Trial Products, to respond to Customer requests, and to improve APG products and services. APG will process Customer Materials and any personal data in accordance with the Privacy Policy.

Unless a longer period is stated in the Trial Agreement, APG may retain Customer Materials for up to 30 days after the end of the Trial Period and may delete Customer Materials thereafter. Customer is responsible for exporting or saving any Customer Materials needed by Customer before the Trial Period ends.

APG may create and use de-identified or aggregated data derived from use of the Trial Products for analytics, product improvement, and security, provided that the data does not identify Customer or any individual.

5. Support; Changes; Suspension

Unless the Trial Agreement states otherwise, support is provided on a commercially reasonable basis, during APG's standard business hours, through APG's designated support channels.

APG may modify, suspend, or discontinue any Trial Products or any features or functionality of the Trial Products at any time during the Trial Period. APG makes no commitment that any Trial Products, features, or functionality will be available at any particular time during the Trial Period or after the Trial Period, or that any Trial Products will be made generally available. Customer's trial is not contingent on the delivery of any future functionality or feature, or the continued availability of any feature or Trial Product after the Trial Period.

APG may suspend Customer's access to the Trial Products if APG reasonably believes Customer's use poses a security risk, violates these Trial Terms, or materially harms APG or other customers. APG will use commercially reasonable efforts to provide notice of a suspension when practicable.

APG may monitor, log, and review access to and use of the Trial Products to operate, support, and secure the Trial Products, investigate suspected fraud, abuse, or violations of these Trial Terms, enforce usage limits or technical restrictions, and comply with applicable law. APG may implement reasonable technical measures, including throttling, rate limiting, suspension, or termination, where APG reasonably determines Customer's use risks harm to the Trial Products, APG, other customers, or third parties, or violates these Trial Terms.

6. Confidentiality

In connection with Customer's trial of the Trial Products, either party may disclose to the other party non-public business, technical, operational, product, technology, or other information that is identified as confidential or that a reasonable person should understand to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information includes Customer Materials to the extent non-public and includes the Trial Products, related non-public documentation, and any non-public data, reports, or materials provided by APG in connection with the trial.

The receiving party will protect the disclosing party's Confidential Information using at least reasonable care and in no event less than the care it uses to protect its own confidential information of a similar nature, will use such Confidential Information solely for the trial, and will not disclose it to any third party except to the receiving party's and its affiliates' employees, contractors, service providers, agents, and professional advisors who have a need to know for the trial and are bound by confidentiality obligations at least as protective as those set forth here.

Confidential Information does not include information the receiving party can demonstrate:

• is or becomes generally available to the public through no breach of an obligation owed to the disclosing party;
• was rightfully known by the receiving party prior to disclosure without breach of an obligation owed to the disclosing party;
• is rightfully received from a third party without breach of an obligation owed to the disclosing party; or
• was independently developed without use of or reference to the disclosing party's Confidential Information.

The receiving party may disclose Confidential Information to the extent required by applicable law or a valid order of a court or governmental body, provided that, to the extent legally permissible, the receiving party provides prompt notice to the disclosing party and reasonably cooperates (at the disclosing party's expense) with efforts to seek a protective order or otherwise limit disclosure. Any disclosure will be limited to the minimum Confidential Information legally required.

7. Intellectual Property; Feedback

APG and its licensors retain all right, title, and interest in and to the Trial Products, including all intellectual property rights.

Customer and its users may submit suggestions, comments, ideas, feature requests, or other feedback regarding the Trial Products ("Feedback"). Feedback is provided voluntarily and is not Confidential Information of Customer. Customer agrees that APG may use, implement, modify, and otherwise exploit any Feedback for any purpose, without restriction and without any obligation to Customer or any user, including without compensation, attribution, or accounting.

To the extent Customer or any user has any right, title, or interest in or to Feedback, Customer (on behalf of itself and its users) hereby irrevocably assigns to APG all such right, title, and interest, including all intellectual property rights. To the maximum extent permitted by applicable law, Customer (on behalf of itself and its users) also irrevocably waives and agrees not to assert any moral rights, artists' rights, or similar rights in or to the Feedback. Customer represents it has the right to submit Feedback and that Feedback does not infringe third-party rights.

8. Disclaimers

THE TRIAL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. APG DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Customer is responsible for verifying outputs and results from the Trial Products. Customer will not rely on the Trial Products for operational or safety-critical decisions unless the parties expressly agree in a separate written agreement.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE TRIAL PRODUCTS OR THESE TRIAL TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APG'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE TRIAL PRODUCTS OR THESE TRIAL TERMS WILL NOT EXCEED $100. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Export Control

The Trial Products may be subject to U.S. and foreign export control and sanctions laws and regulations. Customer will not export, re-export, transfer, or make available the Trial Products or any related technical information in violation of applicable law. Customer represents that neither Customer nor any user is subject to applicable sanctions or located in a jurisdiction subject to comprehensive U.S. embargoes.

11. Termination

These Trial Terms expire automatically at the end of the Trial Period.

Either party may terminate the trial before the end of the Trial Period by providing written notice to the other party in accordance with Section 12.7. Upon termination, APG may disable access to the Trial Products.

Upon expiration or termination, Customer will stop all access to and use of the Trial Products, and Sections 4.2, 4.3, 6, 7, 8, 9, 10, and 12 will survive.

12. General

Customer consents to receiving electronic communications from APG in connection with the Trial Products, as further described in APG's Privacy Policy. Customer agrees that notices, agreements, disclosures, and other communications APG provides electronically satisfy any requirement that such communications be in writing. Customer may receive operational and administrative emails relating to the trial, and may also receive periodic product and newsletter emails at the email addresses Customer provides to APG, subject to applicable law and APG's Privacy Policy. Customer's rights and choices under applicable data protection laws, including the GDPR where it applies, are described in APG's Privacy Policy.

These Trial Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. The Parties agree that the federal or state courts located in the State of Texas shall have exclusive jurisdiction to hear any dispute under this Agreement.

These Trial Terms and the Trial Agreement into which they are incorporated represent the entire agreement between Customer and APG regarding Customer's trial of the Trial Products and supersede all prior and contemporaneous communications and understandings regarding that subject matter. Any amendment to these Trial Terms must be in writing and executed by Customer and APG.

APG and Customer are independent contractors. These Trial Terms do not create a partnership, joint venture, agency, or fiduciary relationship between APG and Customer. Except as expressly stated in these Trial Terms, no third party has rights under these Trial Terms.

Neither party will be liable for delay or failure to perform due to events beyond its reasonable control.

Customer may not assign these Trial Terms or the Trial Agreement without APG's prior written consent. Any attempted assignment in violation of this Section is void. APG may assign these Trial Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

If any provision of these Trial Terms is held unenforceable, the remaining provisions will remain in effect. Any waiver must be in writing and applies only to the specific instance waived.

Notices under these Trial Terms may be delivered by email to APG at support@flyapg.com and to Customer at the email address stated in the Trial Agreement (or, if none is stated, the email address associated with Customer's trial account). Notices sent by email will be deemed given when sent, unless the sender receives an automated bounce-back or other notice of non-delivery.