Terms of Service | Cleared360

These Terms of Service ("Terms") are an agreement between you and Ennea Technologies LLC, doing business as Cleared360 ("Cleared360," "we," "us," or "our"). They cover your use of our website at www.cleared360.com, the Cleared360 app at app.cleared360.com, and the notifications we send (together, the "Service").

By creating an account, accepting an invitation, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you accept these Terms on behalf of a flying club, flight school or other organization, you confirm that you have authority to bind it, and "you" includes that organization.

1. Key terms

Club means a flying club, flight school or other organization that uses the Service to manage its aircraft, members and operations.
Club Admin means a person a Club has given the admin role in the Service.
Member means a person a Club has invited to use the Service, whatever their role.
Club Data means the information a Club and its Members put into the Service, such as member records, bookings, flight and maintenance records, and billing records.

2. Eligibility and accounts

You must be at least 13 years old to use the Service.
If you are under 18, you may use the Service only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Service. A Club that admits Members under 18 is responsible for getting that permission.
Give us accurate information and keep it current.
Keep your password private. Each account is for one person. Tell us right away at support@cleared360.com if you think someone has used your account without permission.
You are responsible for activity on your account.

3. Clubs and their Members

The Service is a tool Clubs use to run themselves. That means:

The Club is in charge of its workspace. Club Admins invite and remove Members, assign roles, set booking and dispatch rules, rates, dues and fees, and decide which officers can see which records.
The Club is responsible for its Club Data. Each Club confirms that it has the right to put its Members' information into the Service and to have us process it as described in our Privacy Policy, and that the rates, charges and records it enters are accurate.
Club rules still apply. Your Club's bylaws, rental agreements, insurance requirements and policies govern your membership and your use of Club aircraft. These Terms do not change them.
Disputes between Members and their Club are between them. That includes disputes about charges, bookings, standing and membership. We are not a party to those disputes, although we are glad to help with records where we can.

4. Flight safety

Please read this section carefully.

The Service includes weather briefings, go/no-go assessments, NOTAMs, airport diagrams, currency tracking, maintenance status and dispatch checks. These are planning and record-keeping aids only. The Service is not approved or endorsed by the FAA.

They are not an official briefing. Weather and NOTAM information in the Service is not a substitute for an official preflight briefing from Flight Service at 1800wxbrief.com or another FAA-approved source. Get one before every flight.
The pilot in command decides. The pilot in command is directly responsible for, and is the final authority as to, the operation of the aircraft (14 CFR 91.3), must become familiar with all available information concerning each flight (14 CFR 91.103), and is responsible for determining whether the aircraft is in condition for safe flight (14 CFR 91.7). Go/no-go scores and alerts are advisory only.
The aircraft's records are the official record. Maintenance tracking in the Service helps your Club stay organized. It does not replace the aircraft's logbooks and maintenance records, and it does not make any airworthiness determination. The owner or operator remains primarily responsible for maintaining the aircraft in an airworthy condition (14 CFR 91.403).
You are responsible for your own currency. Currency and medical tracking depends on dates people enter, and those dates may be wrong or out of date. Confirm your own currency and medical status before you fly.
Data can be wrong, late or missing. Weather, NOTAM, airport and aeronautical data come from government and commercial sources outside our control. They may be delayed, incomplete, inaccurate or unavailable. Airport diagrams are provided for reference and are not for navigation.
Dispatch checks are Club tools. When the Service allows or blocks a dispatch, it is applying the rules your Club configured. It is not making a regulatory or safety determination.
Do not rely on notifications for safety-critical timing. Email, push and text messages can be delayed or not delivered.

5. Fees and payments

Subscription fees for Clubs

Clubs pay the subscription fees shown when they subscribe, or in a written order with us. The Service is free for Clubs during the beta.
We will give Clubs at least 30 days' notice before a paid subscription begins and before any price increase.
Fees are billed in advance through Stripe and are non-refundable, except where the law requires otherwise or we agree in writing.
Fees do not include taxes. The Club is responsible for any applicable taxes, other than taxes on our income.
If a payment fails and is not fixed within 15 days of our notice, we may suspend the Club's access until it is.

Payments from Members to their Club

If your Club turns on online payments, you can pay your Club's dues and charges by card or bank transfer in the Service.

You are paying your Club, not Cleared360. Your Club is the merchant for the payments it receives. It sets the amounts and is responsible for refunds, chargebacks, disputes and billing questions.
Payment processing services for Clubs on Cleared360 are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. By accepting payments through Cleared360, a Club agrees to that agreement, and it authorizes us to share information about the Club and its transactions with Stripe as needed to provide those services.
If you turn on automatic payments, you authorize your Club to charge your saved payment method for dues and charges when they come due under your Club's billing schedule, until you turn automatic payments off. For bank payments, this includes authorizing debits from your account for those amounts. You can revoke the authorization at any time by turning automatic payments off or by contacting your Club.

6. Electronic signatures and communications

Signing a document in the Service by typing your name and confirming is an electronic signature, and you agree it has the same effect as your handwritten signature. You agree to receive notices, statements and other communications from us and from your Club electronically. Each Club is responsible for deciding whether an electronic signature is appropriate for its own documents.

7. Text messages

Cleared360 Alerts is our text message program. These terms apply if you opt in to it.

Consent. By opting in, you agree to receive recurring automated text messages from Cleared360 Alerts at the mobile number you provide.
What you will receive. Messages about your flying: booking confirmations, reminders and changes, squawk and maintenance alerts, operational notices from your Club (not promotions), and account verification codes.
How to opt in. You opt in yourself by adding your mobile number and giving consent in Settings > My Account. Consent is not a condition of membership or of any purchase.
Frequency. Message frequency varies with your bookings, your Club's activity and your settings.
Cost. Message and data rates may apply. Check your mobile plan for details.
How to stop. Reply STOP to any message to cancel Cleared360 Alerts. We will send one message confirming that you are unsubscribed, and then we will stop. You can also turn text messages off in Settings > My Account. Reply START to opt back in.
Help. Reply HELP to any message, or email support@cleared360.com.
Changing your number. If you change or give up your mobile number, update it or turn text messages off first, so your alerts do not go to someone else.
Carriers. Mobile carriers are not liable for delayed or undelivered messages.
Privacy. We do not share your mobile number or your opt-in for marketing purposes. See section 4 of our Privacy Policy.
Not for emergencies. Texts can be delayed or not delivered. Do not rely on them for safety-critical or time-critical information.

8. Your content

You own it. You and your Club keep ownership of Club Data and anything else you put into the Service.
You let us use it to run the Service. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, display and transmit that content as needed to provide, secure, support and improve the Service, as described in our Privacy Policy. This license ends when the content is deleted from the Service, except for copies kept in backups for the limited time our Privacy Policy describes.
Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.
De-identified data. We may create data that does not identify you or your Club, such as aggregated usage statistics, and use it to operate and improve the Service.
Exports. Club Admins can export Club records from the Service, and we will help a Club get its data out if it leaves.

9. Acceptable use

You agree not to:

use the Service for anything unlawful, or in violation of FAA regulations or your Club's rules
put information about other people into the Service unless you have the right to
access, or try to access, another Club's data or any account that is not yours
probe, scan or test the security of the Service, or get around any access control, except under a written agreement with us
copy or reverse engineer the Service, or use it to build a competing product
scrape the Service or access it with automated tools, other than through features we provide
upload malware or anything else that could harm the Service or its users
use the email, text or announcement features to send spam or messages people did not agree to receive
resell or sublicense the Service without our written permission
interfere with the Service or place an unreasonable load on it

10. Our intellectual property

We own the Service, including its software, design and content, other than your content. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service under these Terms. "Cleared360" and our logos are our trademarks, and you may not use them without our permission.

11. Third-party services

The Service relies on services and data from third parties, such as Stripe, government weather and aeronautical sources, and map providers. Their own terms may apply to your use of them, and we are not responsible for them.

12. Beta and preview features

While the Service is in beta, and for any feature marked beta or preview, features may change, break or be removed, and the Service may be unavailable at times. During the beta, the Beta Agreement also applies if you accepted one in the app. If it conflicts with these Terms, these Terms control.

13. Availability and changes to the Service

We work to keep the Service available and reliable, but we do not promise it will be uninterrupted or error-free. We may change, add or remove features. If we remove a feature Clubs rely on, we will try to give reasonable notice. Support is available by email at support@cleared360.com.

14. Suspension and termination

You can stop at any time. Members can leave a Club in Settings > My Account. To close a Club's account or delete your own account, email support@cleared360.com.
We can suspend or end access if you or your Club materially breach these Terms, fail to pay, use the Service in a way that risks harm to others or to the Service, or if the law requires it. When practical, we will give notice and a chance to fix the problem first.
If we end the Service for a Club without cause, we will give at least 30 days' notice and refund any prepaid fees for the unused period.
After termination, access ends. The Club may export its data for 30 days, and after that we delete or de-identify it as described in our Privacy Policy.
Sections 3, 4, 5 (for amounts owed), 6, 8, 10, 11 and 15 through 20 survive termination.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE, OR ANY WEATHER, NOTAM, AIRPORT, AERONAUTICAL, CURRENCY, MAINTENANCE OR BILLING INFORMATION IN IT, WILL BE ACCURATE, COMPLETE, TIMELY, UNINTERRUPTED OR ERROR-FREE.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

NEITHER CLEARED360 NOR ITS OWNERS, EMPLOYEES OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU OR YOUR CLUB PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
WE ARE NOT RESPONSIBLE FOR ANY DECISION TO FLY OR NOT TO FLY, OR FOR ANY LOSS, DAMAGE OR INJURY ARISING FROM THE OPERATION OF AN AIRCRAFT, INCLUDING A DECISION MADE IN RELIANCE ON INFORMATION IN THE SERVICE. THIS APPLIES EVEN IF THE CLAIM IS BASED ON OUR NEGLIGENCE, BUT NOT TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Some jurisdictions do not allow certain exclusions or limits of liability, so some of these may not apply to you.

17. Indemnification

You will defend and indemnify Cleared360 and its owners and employees against third-party claims, and the resulting losses and reasonable legal fees, arising from (a) your content or Club Data, (b) your violation of these Terms or the law, or (c) your operation of any aircraft. A Club's obligation also covers claims by its Members about the Club's use of their information, and disputes between the Club and its Members. We will tell you promptly about any claim and let you control the defense, and you will not settle a claim that imposes obligations on us without our consent.

18. Governing law and disputes

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules.
Before filing a claim, you agree to contact us at support@cleared360.com and try to resolve the dispute informally for at least 30 days. We agree to do the same before filing a claim against you.
Any lawsuit about the Service or these Terms must be brought in the state courts located in Cuyahoga County, Ohio, or in the United States District Court for the Northern District of Ohio, and both parties consent to the jurisdiction of those courts.
Either party may instead bring an individual claim in small claims court, if it qualifies.
Nothing in these Terms limits rights you have under consumer protection laws that cannot be waived by contract.

19. Changes to these Terms

We may update these Terms. We will post the new version here with a new effective date. For material changes, we will notify you by email or in the app at least 15 days before they take effect, unless the change is required by law or covers only new features, in which case it may take effect sooner. If you keep using the Service after a change takes effect, you accept it. If you do not agree, stop using the Service.

20. General

Entire agreement. These Terms, our Privacy Policy, any written order between us and a Club, and, during the beta, the Beta Agreement are the entire agreement about the Service.
Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets.
Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
No waiver. Not enforcing a provision is not a waiver of it.
Events beyond our control. We are not responsible for delays or failures caused by events outside our reasonable control, such as outages at our providers, internet failures, natural disasters or government action.
Notices. We send notices to the email address on your account. Send notices to us at support@cleared360.com or at the address below.
Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

21. Contact us

Ennea Technologies LLC, doing business as Cleared360
4200 Rockside Road, Suite 100
Independence, OH 44131
support@cleared360.com