Terms of Service
These Terms of Service (“Terms”) govern access to and use of the AvSuite Pro website, applications, software, and related services (collectively, the “Services”). The Services are operated by Nicholl Aviation LLC, doing business as AvSuite Pro (“AvSuite Pro,” “we,” “us,” or “our”). By creating an account, accessing, purchasing, or using the Services, you agree to these Terms. If you use AvSuite Pro for an organization, you represent that you have authority to accept these Terms on its behalf.
1. The AvSuite Pro Service
AvSuite Pro is a flight-training management and recordkeeping platform for flight schools, instructors, students, pilots, and aviation organizations. Depending on the account, functionality may include student and instructor management, flight and ground training records, progress tracking, knowledge and risk-management evaluations, flight-skill evaluations, curriculum and syllabus management, scheduling, aircraft information, training documentation, instructor notes, document storage, reporting, and related functions. Features may change over time.
2. Eligibility and Accounts
You must be legally capable of entering a binding agreement to establish an account. Users must provide accurate information and protect credentials. Organizations are responsible for managing access for their authorized users. You may not impersonate another person, access another person’s account without authorization, or share credentials in a way that defeats access controls.
3. Aviation Disclaimer
AvSuite Pro is an administrative, educational, training-management, and recordkeeping tool. AvSuite Pro does not operate aircraft and does not exercise operational control over flights conducted by users. AvSuite Pro does not act as pilot in command, flight instructor, dispatcher, aircraft operator, air carrier, mechanic, medical examiner, or governmental aviation authority. Nothing displayed, calculated, stored, generated, suggested, or communicated through AvSuite Pro constitutes authorization to conduct a flight.
4. FAA and Regulatory Compliance
AvSuite Pro may reference FAA regulations, Airman Certification Standards (“ACS”), training requirements, endorsements, aeronautical experience, knowledge areas, risk-management elements, flight skills, or other regulatory materials. These features assist with organization and training but do not guarantee complete, current, or sufficient regulatory compliance. Users remain responsible for current authoritative sources. AvSuite Pro is not affiliated with, endorsed by, or operated by the FAA unless expressly stated otherwise.
5. Instructor Responsibility
Certificated flight instructors and other aviation instructors retain sole professional responsibility for evaluating students and determining whether training requirements have been satisfied. AvSuite Pro evaluation scales, curriculum structures, ACS references, progress indicators, templates, or similar tools do not make proficiency determinations for an instructor.
6. Student Responsibility
Students and pilots are responsible for reviewing their training information and notifying the appropriate instructor or organization of believed inaccuracies. A progress indicator, completed lesson, recorded evaluation, or other AvSuite Pro information does not itself constitute an FAA certificate, rating, endorsement, authorization, or proficiency determination.
7. Training Records
The organization, instructor, student, or other party entering information is responsible for its accuracy. Users must not intentionally falsify, manipulate, fabricate, or misrepresent training records. AvSuite Pro does not independently witness training events and generally cannot verify whether an entry accurately reflects an activity that occurred.
8. Electronic Records
AvSuite Pro may permit electronic training records, evaluations, acknowledgments, approvals, and similar information. Users are responsible for determining whether a AvSuite Pro electronic record satisfies applicable FAA, legal, insurance, accreditation, organizational, or other recordkeeping requirements.
9. Aircraft and Operational Information
Aircraft information may be entered by users or organizations. AvSuite Pro does not determine or certify airworthiness. AvSuite Pro information does not replace required inspections, maintenance records, operating limitations, preflight inspections, or required documents. The pilot in command remains responsible for determining whether an aircraft is safe and legal for flight.
10. Weather and External Information
AvSuite Pro may display or link to weather, airport, NOTAM, scheduling, government, or other third-party information. Third-party information may be delayed, incomplete, unavailable, or inaccurate. Users must obtain appropriate official information for flight planning and operations and should not use AvSuite Pro as the sole source of safety-critical operational information.
11. Acceptable Use
Use of AvSuite Pro is subject to the AvSuite Pro Acceptable Use Policy. Misuse, security compromise, falsification of records, unauthorized access, interference with other users, or unlawful use violates these Terms.
12. Organization Accounts
Organizations may control accounts and information in their AvSuite Pro environment. Authorized administrators may create and deactivate users, assign roles and permissions, view training records, manage instructors and students, configure training programs, access reports, and manage organizational information. Users acknowledge that authorized organization administrators may access information maintained within that organization’s environment.
13. Subscriptions and Automatic Renewal
Paid subscriptions begin on the initial subscription date (“Subscription Date”) and, unless otherwise expressly stated, automatically renew every thirty (30) days from the Subscription Date. By purchasing a subscription, the subscriber authorizes Nicholl Aviation LLC and its payment processor to charge the payment method on file for the applicable fee every thirty days until cancellation or termination. The subscriber must maintain valid payment information.
14. Failed Payments and Service Suspension
If an automatic payment is unsuccessful, AvSuite Pro may retry payment and notify the subscriber. The subscriber has five (5) days following the unsuccessful payment to successfully satisfy the outstanding charge. If payment remains unsuccessful after five days, access to the Services associated with the unpaid subscription may be suspended or made unavailable. Suspension does not necessarily delete the account or records.
15. Cancellation
Subscribers may cancel through available functionality or by contacting support@avsuitepro.com. Cancellation prevents future renewals but does not retroactively cancel charges already processed. Subscribers should cancel before the next renewal if they do not wish to be charged for another thirty-day period.
16. No Refunds
All AvSuite Pro subscription payments are non-refundable except where a refund is required by applicable law. AvSuite Pro does not provide full or partial refunds or prorated credits for cancellation during a paid period, failure to use the Services, partial use, removal of users, temporary suspension resulting from a violation, or a decision to discontinue use after a charge has been processed.
17. Trials and Promotional Access
AvSuite Pro may offer trials, promotional pricing, pilot programs, or complimentary access. Eligibility, duration, features, and conversion to paid service may vary and will be disclosed with the offer.
18. Data and User Content
Users and organizations may submit records, documents, photographs, notes, and other content (“User Content”). As between AvSuite Pro and the user or organization, users retain applicable ownership rights. Users grant AvSuite Pro a limited right to host, process, transmit, back up, reproduce, and otherwise use User Content as reasonably necessary to operate, secure, maintain, improve, and provide the Services.
19. Data Export and Account Closure
AvSuite Pro may provide export tools. Organizations are responsible for maintaining copies of records they are legally or operationally required to retain. Access to information may eventually be removed after cancellation or termination in accordance with retention practices and the Privacy Policy.
20. Privacy
AvSuite Pro’s collection, processing, and use of personal information is described in the AvSuite Pro Privacy Policy.
21. Security
AvSuite Pro uses reasonable administrative, technical, and organizational measures intended to protect the Services and information. No internet-connected service can guarantee absolute security. Users remain responsible for protecting passwords and devices.
22. Intellectual Property
AvSuite Pro and its software, design, interfaces, branding, graphics, databases, and original content are owned by Nicholl Aviation LLC or its licensors and are protected by applicable intellectual-property laws. Except as permitted by these Terms, users may not copy, reproduce, modify, distribute, sell, license, reverse engineer, or create derivative works from AvSuite Pro.
23. Feedback
Suggestions, ideas, or feedback may be used by AvSuite Pro to develop, modify, or improve the Services without an obligation to compensate the submitting party. This does not transfer ownership of training records or User Content.
24. Third-Party Services
AvSuite Pro may integrate with or link to third-party services governed by their own terms and privacy practices. AvSuite Pro is not responsible for independent third-party availability, accuracy, security, or operation except as required by law.
25. Service Availability
AvSuite Pro strives to provide reliable access but does not guarantee uninterrupted availability. Maintenance, upgrades, outages, third-party failures, security events, or circumstances beyond reasonable control may affect availability. Users should not rely on AvSuite Pro as the sole repository for information that must be immediately available for safety-critical aviation operations.
26. Suspension and Termination
AvSuite Pro may suspend or terminate access for nonpayment, violation of these Terms or the Acceptable Use Policy, fraudulent activity, security threats, unauthorized access, illegal activity, or conduct threatening AvSuite Pro, its users, or the integrity of the Services.
27. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIGHTTRACK IS PROVIDED “AS IS” AND “AS AVAILABLE.” NICHOLL AVIATION LLC DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND OTHER WARRANTIES THAT MAY OTHERWISE APPLY. FLIGHTTRACK DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SUFFICIENT TO SATISFY ANY PARTICULAR FAA, REGULATORY, INSURANCE, EDUCATIONAL, OR OPERATIONAL REQUIREMENT.
28. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NICHOLL AVIATION LLC, FLIGHTTRACK, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO USE OF THE SERVICES, INCLUDING LOSSES ASSOCIATED WITH TRAINING RECORDS, SCHEDULING, AIRCRAFT OPERATIONS, FLIGHT DELAYS, REGULATORY COMPLIANCE, LOST DATA, LOST PROFITS, OR BUSINESS INTERRUPTION. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT LEGALLY BE EXCLUDED.
29. Indemnification
To the extent permitted by law, organizations and commercial users agree to indemnify and hold Nicholl Aviation LLC and AvSuite Pro harmless from third-party claims arising from unlawful use, intentional falsification of records, violation of these Terms, or infringement of another party’s rights, except where prohibited by law.
30. Governing Law
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles, except where applicable law requires otherwise. Disputes not subject to another agreed procedure shall be brought in a court of competent jurisdiction in Michigan unless applicable law provides otherwise.
31. Changes to These Terms
AvSuite Pro may modify these Terms as the Services evolve. Material changes may receive notice when appropriate, and the “Last Updated” date will identify the current version.
32. Entire Agreement
These Terms, the AvSuite Pro Privacy Policy, Acceptable Use Policy, and any applicable Organization Subscription Agreement or other written subscription agreement constitute the agreement governing use of AvSuite Pro.
33. Contact
Questions regarding these Terms, subscriptions, billing, or the Services may be directed to support@avsuitepro.com.