Terms of Use ←

FlyRecap Terms of Use

Effective date and last updated September 18, 2026

These Terms are a binding agreement between you and FlyRecap LLC governing your access to and use of the FlyRecap mobile application, website, accounts, subscriptions, and related services.

PLEASE READ THESE TERMS CAREFULLY. SECTION 29 REQUIRES MOST U.S. DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION, INCLUDES A CLASS ACTION WAIVER, AND EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS.

By creating an account, purchasing a subscription, accessing the Service, or selecting an acceptance control, you agree to these Terms and acknowledge the Privacy Policy. If you do not agree, do not use the Service.

1 Definitions

Account means the credentials and profile used to access the Service.
CFI means a user who accesses instructor-side features, whether or not FlyRecap has independently verified that person's certificate or ratings.
Connected User means a student, CFI, or other permitted user linked through a FlyRecap connection or invitation.
Service means the FlyRecap application, website, accounts, subscriptions, software, features, content, and related support operated by FlyRecap LLC.
Student means a user accessing student-side features for any certificate, rating, endorsement, proficiency goal, or stage of flight training.
User Content means recordings, transcripts, notes, profile information, photographs, responses, feedback, files, training information, messages, and other material submitted to or created through the Service by a user.
FlyRecap means FlyRecap LLC, also referred to as we, us, or our.

2 Eligibility and Authority

You must be at least 16 years old to create or use a FlyRecap Account. Users under 16 may not create or use an Account or the Service.

If you are 16 or 17 years old, FlyRecap requires approval from a parent or legal guardian through the approval process provided by the Service before your Account may be activated for normal use. Until that approval is completed, your Account may remain pending or restricted, and you may not use recording, training-content, connection, communication, or other protected features.

FlyRecap may send the parent or legal guardian a secure approval request and may collect the guardian information and consent record described in the Privacy Policy. The parent or legal guardian must provide accurate information and represent that they are authorized to act for the 16- or 17-year-old user.

By approving a 16- or 17-year-old user's Account, the parent or legal guardian authorizes the minor to use FlyRecap, acknowledges the Privacy Policy, and agrees to these Terms on their own behalf and, to the extent permitted by applicable law, on behalf of the minor. The parent or legal guardian agrees to supervise the minor's use and may be responsible for that use to the extent permitted by law.

A parent or legal guardian may withdraw approval by contacting hello@flyrecap.com. Withdrawal may require FlyRecap to restrict, suspend, or delete the minor's Account, subject to the Privacy Policy and any retention permitted or required by law. FlyRecap may require renewed parent or guardian approval if reasonably necessary because of a material change to the Service, these Terms, the Privacy Policy, or applicable requirements.

If you use FlyRecap for or on behalf of a flight school, employer, club, organization, or other entity, you represent that you have authority to bind that entity to these Terms. If you lack that authority, you may use the Service only in your individual capacity.

FlyRecap is offered solely to individuals located in the United States for use in connection with U.S.-based flight training. The Service is not offered or directed to persons outside the United States. You may not access or use the Service where doing so would violate applicable law.

You may not use the Service if applicable law prohibits you from doing so, if your Account has been suspended or terminated for a material violation, or if you are subject to trade restrictions described in Section 32.

3 What FlyRecap Provides

FlyRecap is a flight-training organization, reflection, communication, and progress-awareness tool. Depending on the features available to your Account, FlyRecap may let users record or import lesson audio, create transcripts and recaps, answer post-lesson questions, organize training information, track milestones and skill development, connect with instructors, exchange text or voice feedback, prepare a progress handoff, and export selected content.

FlyRecap is a technology provider. It is not a flight school, flight instructor, designated pilot examiner, airman certification authority, aircraft operator, dispatcher, mechanic, weather provider, navigation service, emergency service, or aviation safety authority. FlyRecap does not supervise flight operations or create a professional relationship between FlyRecap and any user.

4 Account Types and Training Stages

FlyRecap may offer Student and CFI account experiences. Student status includes people training for a private pilot certificate, instrument rating, commercial pilot certificate, flight instructor certificate, instrument flight instructor rating, or another certificate, rating, endorsement, or proficiency goal supported by the Service.

A user training for a CFI or CFII credential remains a Student for student-side subscription and feature purposes. Holding a pilot or instructor certificate does not convert that person's own training use into free instructor-side use. CFI-side access may be offered without charge when used to support connected students, but FlyRecap may change eligibility, features, or pricing prospectively with notice where required.

Account labels are for product access and organization only. They do not constitute verification of identity, certificate status, currency, qualification, employment, or authority unless FlyRecap expressly states that a particular verification has been completed.

5 Accounts and Security

Provide accurate, current, and complete registration information and keep it updated.
If the Service asks for age, parent, or guardian information, provide accurate information and do not bypass, falsify, or misuse the age or parent/guardian approval process.
Use only your own Account and do not share passwords, authentication codes, or access tokens.
Keep your device, email account, and login credentials secure and notify us promptly of suspected unauthorized access.
Do not impersonate another person or misstate aviation credentials, ratings, training relationships, or affiliation.
You are responsible for activity through your Account to the extent caused by your acts or omissions. You are not responsible for activity caused solely by a security failure attributable to FlyRecap.

We may require email verification, reauthentication, or other reasonable steps before changing sensitive account information, exporting data, or processing a privacy request.

6 Student and Instructor Relationships

Students choose whether to connect with an instructor, subject to the connection and sharing controls available in the Service. Users are responsible for confirming the identity, certificate status, ratings, currency, authority, and suitability of any person with whom they train or exchange information.

CFIs remain independently responsible for the instruction, supervision, endorsements, recordkeeping, aeronautical decision-making, and professional duties they undertake. FlyRecap does not direct the manner or method of instruction and is not responsible for the acts, omissions, advice, availability, or qualifications of any user.

A connection in FlyRecap is not proof of an employment, agency, partnership, school enrollment, or instructor-student relationship, and does not itself authorize flight, solo privileges, endorsements, or access to aircraft.

The Service may permit audio recording and import. Recording laws vary by location and may require the consent of every person recorded. Before recording, you must provide any legally required notice and obtain all legally required permission from every participant. You may not secretly or unlawfully record any person.

You are responsible for the location where recording occurs, the people present, the content captured, and compliance with applicable wiretap, eavesdropping, privacy, employment, school, and aviation rules. FlyRecap does not determine whether a proposed recording is lawful.

Do not record radio communications, cockpit conversations, passengers, minors, customers, employees, or other people unless you are authorized to do so. Stop recording when consent is withdrawn or when continuing would violate law, safety, policy, or another person's rights.

8 Lesson Content and User Content

You retain ownership of your original User Content. You grant FlyRecap a worldwide, nonexclusive, limited, royalty-free license to host, store, reproduce, format, transmit, transcribe, analyze, summarize, display, and otherwise process User Content only as reasonably necessary to operate, secure, support, and improve the Service; provide features you request; comply with law; and enforce these Terms. This license includes using service providers acting on FlyRecap's behalf.

When you direct FlyRecap to share User Content with a Connected User, you also authorize FlyRecap to make that content available to the recipient and allow the recipient to view, play, download, or use it as the feature permits. A recipient may retain information already viewed or exported even after access is revoked.

You represent that you own or have all rights, permissions, and lawful bases needed to submit and process User Content. Do not submit Social Security numbers, financial account credentials, medical records, export-controlled technical data, legally privileged material, or other highly sensitive information unless the Service specifically requests it and you are authorized to provide it.

FlyRecap may remove or restrict User Content that violates these Terms, creates a legal or security risk, or is subject to a valid legal request. FlyRecap does not assume a general duty to monitor private User Content.

FlyRecap is designed to make training continuity easier, but access is controlled by the Service's current connection and sharing model. Connecting with, reconnecting with, or switching instructors may make specified profile, lesson, progress, milestone, skill-status, recap, transcript, or feedback information available to the connected instructor. The in-app interface should identify the categories made available for the applicable feature.

A progress handoff or student summary may be assembled from User Content, prior shared recaps, CFI feedback, milestone data, training-stage information, and automated analysis. It may be incomplete, outdated, or inaccurate. Students and instructors must review the underlying records and discuss the student's current status directly before relying on a handoff.

Original student audio is private unless the student uses a feature that expressly shares it. CFI audio or text created as feedback is intended to be delivered to the connected student identified in the feature. Sharing a transcript does not necessarily share its source audio, and sharing audio may also display or generate a transcript.

Disconnecting a user stops future access as the Service provides, but does not require the recipient to forget information already seen or delete lawful copies previously exported outside FlyRecap. If a recipient misuses information, use available report or block controls and contact us.

10 Instructor Feedback and Communications

Connected CFIs may send text, voice, transcription, skill-status, progress, or other feedback to a student. That feedback is the statement of the submitting user, not FlyRecap. FlyRecap does not adopt, certify, guarantee, or independently validate it.

A student may not alter the substance of CFI-authored feedback in a way that falsely attributes different words or conclusions to the CFI. FlyRecap may display an automated transcript of voice feedback, which can contain errors. The audio, where retained and available, is the better source for what was spoken.

No in-app comment, rating, badge, progress label, or feedback item is an FAA endorsement, logbook entry, training record, solo authorization, practical-test recommendation, or other formal certification unless it independently satisfies all applicable legal requirements and the responsible CFI intentionally executes it in an authorized form.

11 Transcription Artificial Intelligence and Automated Content

FlyRecap may use automated systems and third-party artificial intelligence or transcription providers to produce transcripts, summaries, suggested categories, progress observations, skill trends, reminders, or other generated content. By enabling an AI or transcription feature after receiving the applicable notice, you direct FlyRecap to send the necessary content to the provider for that purpose.

Automated content can omit context, misidentify speakers, misunderstand aviation terminology, infer the wrong maneuver or standard, or otherwise be inaccurate. You must review generated content before saving, sharing, or relying on it. FlyRecap does not use automated output to legally determine solo eligibility, proficiency, checkride readiness, endorsements, certification, employment, insurance eligibility, or another decision producing a legal or similarly significant effect.

You may not use FlyRecap's generated content as a substitute for live instruction, current regulations, official publications, approved aircraft documentation, weather, NOTAMs, or sound aeronautical decision-making.

12 Progress Indicators Milestones and Training Insights

The Service may display milestones, streaks, lesson counts, skill bars, ACS-related statuses, trend statements, or encouragement based on User Content and activity. These features are motivational and organizational. They are not official assessments and do not establish that a user meets an Airman Certification Standard or any other regulatory standard.

A milestone may be created automatically from data in FlyRecap or entered by a user. Users must not claim a solo, endorsement, rating, flight time, certificate, or other accomplishment they did not earn. FlyRecap may correct or remove a milestone when the supporting data is changed or when the milestone is inaccurate or misleading.

Progress can be nonlinear and depends on factors FlyRecap cannot observe. No metric, streak, bar, or comparison guarantees a training outcome, reduces required instruction, or authorizes a user to attempt a maneuver or flight.

13 Imports Exports and Device Copies

If FlyRecap allows file or audio import, you are responsible for confirming that the file is lawful, safe, compatible, and yours to use. Imported content may be processed like other User Content. Exported files leave FlyRecap's controlled environment and may be stored, copied, backed up, or shared by you or your device provider.

You are responsible for protecting exports and local copies. Deleting content from FlyRecap may not delete copies stored in device backups, downloads, email, cloud drives, another user's device, or other systems outside FlyRecap's control.

14 Aviation Safety and Regulatory Disclaimer

YOU REMAIN SOLELY RESPONSIBLE FOR CONDUCTING ALL FLIGHT AND GROUND OPERATIONS SAFELY AND LEGALLY.

FlyRecap does not and cannot:

provide flight instruction or replace a certificated and appropriately rated instructor;
determine proficiency, currency, aeronautical experience, eligibility to solo, or readiness for a knowledge or practical test;
issue or authenticate FAA endorsements, certificates, ratings, authorizations, logbook entries, or required records;
replace an official pilot logbook or any record required by applicable aviation law;
provide operational control, dispatch, flight following, navigation, collision avoidance, aircraft control, emergency assistance, or air traffic services;
replace official weather, aeronautical information, NOTAMs, charts, regulations, Airworthiness Directives, aircraft performance data, weight and balance calculations, or an aircraft's approved POH, AFM, limitations, procedures, and checklists; or
guarantee safety, certification, checkride success, regulatory compliance, training cost savings, or any learning outcome.

Never use or interact with FlyRecap when doing so would distract from safe aircraft operation. Do not delay, disregard, or override an instructor's direction, air traffic control instruction, aircraft limitation, approved procedure, legal requirement, or safety decision because of anything displayed by FlyRecap. The Service is not intended for emergency or in-flight safety-critical use.

15 Subscriptions Trials Billing and Refunds

Certain Student features may require a paid auto-renewable subscription. CFI-side features may be offered without charge, while a CFI or CFII student using student-side training features may require a paid Student subscription. The purchase screen controls the price, billing period, trial terms, included features, and renewal information for the transaction. Prices are not fixed by these Terms.

Automatic renewal. Unless canceled at least 24 hours before the end of the current billing period or as otherwise stated by the billing provider, an auto-renewable subscription renews and the provider charges the payment method on file.
Trials and promotions. Eligibility may be limited. Unless canceled before the stated deadline, a trial may convert to a paid subscription. Promotional offers may have additional terms.
Cancellation. Manage and cancel an App Store subscription through your Apple Account subscription settings or the applicable billing provider. Deleting the app or your FlyRecap Account does not automatically cancel an externally billed subscription.
Refunds. Refunds for purchases processed by Apple or another platform are governed by that platform's rules and applicable law. FlyRecap cannot guarantee or directly issue a refund for a transaction controlled by a third-party platform.
Price changes. A price change applies only as permitted by the billing provider and applicable law, with any notice or consent required by that provider or law.
Taxes and currency. Displayed prices may exclude taxes and may vary by storefront, location, currency, or platform.
Entitlements. Subscription access depends on a valid entitlement from the billing provider. Use Restore Purchases or contact us if a completed purchase is not recognized.

We may change free features or offer different plans prospectively. We will not charge you a new or higher recurring price without the notice or consent required by law and the applicable billing platform.

16 Acceptable Use

You may not use or attempt to use the Service to:

violate law, regulation, court order, aviation rule, or the rights of another person;
record, upload, disclose, or distribute content without required authority or consent;
harass, threaten, stalk, exploit, discriminate against, defame, or impersonate another person;
misrepresent a certificate, rating, endorsement, qualification, identity, training event, milestone, or professional relationship;
access another user's Account or private content without authorization, or defeat connection, sharing, or access controls;
upload malware, corrupted files, unlawful content, or material that infringes intellectual property, privacy, publicity, confidentiality, or contractual rights;
probe, scan, overload, disrupt, bypass, or interfere with the Service, its security, or another user's experience;
scrape, harvest, crawl, bulk export, resell, sublicense, or commercially exploit the Service or its data except through an expressly authorized feature;
reverse engineer, decompile, disassemble, or attempt to derive source code except to the limited extent applicable law prohibits this restriction;
use automated systems or AI to build a competing product from FlyRecap content or to train a model on content you do not have the right to use;
use the Service for surveillance, emergency response, in-flight control, dispatch, navigation, or another safety-critical purpose; or
encourage or assist any prohibited conduct.

17 Reporting Blocking and Moderation

Where available, users may report content or block or disconnect another user. You may also report abuse, privacy concerns, impersonation, or unsafe use to hello@flyrecap.com. Provide enough information for us to locate and evaluate the issue without sending unnecessary sensitive information.

We may investigate reports, preserve relevant records, restrict content, suspend connections, or take other reasonable action. We do not guarantee a particular outcome, disclose confidential investigative details, or resolve private training, employment, payment, or interpersonal disputes between users.

18 Ownership and Limited License

FlyRecap and its licensors own the Service, including its software, interface, workflows, design, branding, logos, databases, documentation, and non-user content. Subject to these Terms, FlyRecap grants you a personal, limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Service for its intended purposes on devices you own or control and as permitted by the applicable app marketplace.

Except for this limited license, no intellectual property rights are transferred. You may not use FlyRecap names, marks, or branding without written permission, except for truthful reference to the Service consistent with law.

19 Feedback to FlyRecap

If you send ideas, suggestions, or product feedback to FlyRecap, you grant FlyRecap a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation. This does not give FlyRecap ownership of your private lesson content or personal information.

20 Third Party Services and Terms

The Service may depend on app stores, authentication, cloud hosting, transcription, AI, subscription management, analytics, crash reporting, email, notification, or other third-party services. Your use of those services may be subject to their terms and privacy policies. You must comply with applicable third-party terms, including wireless data, device, and app marketplace agreements.

FlyRecap is not responsible for third-party services outside its control, and those services may change or become unavailable. Links do not imply endorsement. Nothing in these Terms expands a third party's responsibility beyond its own agreement with you.

21 Copyright Complaints

If you believe material available through FlyRecap infringes your copyright, send a written notice to the address or email in Section 35. The notice should include: identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a statement of good-faith belief that the use is unauthorized; a statement under penalty of perjury that the information is accurate and that you are authorized to act; and your physical or electronic signature.

We may remove or restrict content in response to a complete and valid notice and may terminate repeat infringers where appropriate. A person who knowingly makes a material misrepresentation in a notice or counter-notice may be liable under applicable law.

22 Privacy and Security

The FlyRecap Privacy Policy explains how personal information is collected, used, disclosed, retained, and protected. It is incorporated by reference for informational and contractual purposes to the extent permitted by law. You agree to use other users' information only for the training and communication purpose for which it was made available and to protect it from unauthorized use or disclosure.

No internet-connected service is completely secure. You should maintain your own appropriate records and backups and promptly report a suspected security issue to hello@flyrecap.com. Do not publicly disclose a vulnerability before giving us a reasonable opportunity to investigate and address it.

23 Service Availability and Changes

FlyRecap is under active development. We may add, modify, suspend, limit, or discontinue features, integrations, storage, plans, or the Service. We may perform maintenance or respond to security, legal, technical, or business needs. We do not guarantee uninterrupted, error-free, or perpetual availability, compatibility with every device, or preservation of every item of User Content.

If we discontinue a paid Service before the end of a prepaid period, we will provide any remedy required by applicable law or the billing provider. You should export important content when an export feature is available and maintain any official records independently.

24 Suspension Termination and Account Deletion

You may stop using the Service at any time and may request Account deletion through the in-app deletion control or by contacting us. Account deletion and subscription cancellation are separate actions.

We may restrict, suspend, or terminate access, connections, or content when reasonably necessary to address fraud, abuse, unlawful conduct, a security threat, nonpayment, material breach, risk to users or third parties, or discontinuation of the Service. When practicable and legally permitted, we will provide notice and a reasonable opportunity to cure before terminating for a remediable breach.

On termination, your license ends. Sections that by their nature should survive will survive, including ownership, User Content permissions needed to complete deletion and backups, disclaimers, liability limits, indemnification, dispute terms, and general provisions. The Privacy Policy describes deletion and retention.

25 Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE. FLYRECAP DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND COURSE OF DEALING.

FlyRecap does not warrant that the Service or any transcript, summary, progress status, instructor feedback, notification, export, or other content will be accurate, complete, current, secure, available, or free from interruption, loss, or harmful components. FlyRecap does not warrant any aviation, education, certification, safety, employment, financial, or cost-savings outcome. Some jurisdictions do not allow certain disclaimers, so some of this Section may not apply to you.

26 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYRECAP LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, SAVINGS, BUSINESS, GOODWILL, OR DATA; COST OF SUBSTITUTE SERVICES; OR PERSONAL INJURY, PROPERTY DAMAGE, AIRCRAFT DAMAGE, REGULATORY CONSEQUENCES, OR OTHER LOSS ARISING FROM RELIANCE ON OR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FLYRECAP AND THE OTHER FLYRECAP PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO FLYRECAP FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) US $100.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or other nonwaivable rights where applicable. Your payment provider's obligations are governed separately.

27 Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless the FlyRecap parties from claims, damages, judgments, losses, liabilities, costs, and reasonable attorneys' fees arising out of or relating to: your User Content; your unlawful recording or disclosure; your violation of these Terms, law, or another person's rights; your misrepresentation of credentials or training status; or your unsafe or unauthorized use of the Service. This obligation does not apply to the extent a claim results from FlyRecap's own negligence, willful misconduct, or violation of law.

FlyRecap may control the defense of a covered claim, and you agree to cooperate. You may not settle a claim in a manner that admits wrongdoing by or imposes obligations on FlyRecap without written consent.

28 Release Regarding Other Users

To the maximum extent permitted by law, FlyRecap is not responsible for disputes between users or for the acts, omissions, instruction, statements, credentials, or content of another user. You release the FlyRecap parties from claims arising solely from your dealings with another user, except to the extent caused by FlyRecap's own breach of duty or where a release is prohibited by law.

29 Dispute Resolution Arbitration and Class Action Waiver

THIS SECTION AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND PROHIBITS CLASS OR REPRESENTATIVE PROCEEDINGS, UNLESS YOU TIMELY OPT OUT.

29.1 Informal Resolution First

Before starting arbitration or a lawsuit, the claimant must send a written Notice of Dispute to the other party and allow 60 days for informal resolution. A notice to FlyRecap must be sent by email to hello@flyrecap.com with the subject Dispute Notice and by mail to the address in Section 35. It must include the claimant's name, account email, contact information, facts, legal basis, and requested relief. Any limitations period is tolled during the 60-day period where permitted by law.

29.2 Agreement to Arbitrate

If a dispute is not resolved informally, you and FlyRecap agree that any claim arising out of or relating to these Terms, the Privacy Policy, or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its then-current Consumer Arbitration Rules, except as stated below. The Federal Arbitration Act governs this arbitration agreement. If the AAA is unavailable and the parties cannot agree on an alternative, a court may appoint an arbitrator under 9 U.S.C. Section 5.

The arbitrator may award the same individual relief a court could award and must follow applicable substantive law. The arbitrator may decide issues concerning the scope, enforceability, or formation of this arbitration agreement, except that a court will decide any issue concerning the class action waiver. Hearings may occur by telephone, video, documents, or in person as the rules permit. FlyRecap will pay arbitration fees to the extent required by the AAA rules or applicable law.

29.3 Exceptions

Either party may bring an individual action in small claims court if it remains within that court's jurisdiction. Either party may seek temporary or preliminary injunctive relief in court to prevent imminent unauthorized access, security abuse, or infringement or misappropriation of intellectual property while arbitration is pending. Nothing in this Section prevents a user from reporting an issue to a government agency or seeking public injunctive relief where a waiver is prohibited by law.

29.4 Class Action and Jury Trial Waiver

YOU AND FLYRECAP WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER A REPRESENTATIVE PROCEEDING WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.

29.5 Opt Out

You may opt out of this arbitration agreement by emailing hello@flyrecap.com within 30 days after the date you first accept these Terms. Use the subject Arbitration Opt Out and include your full name, Account email, and a clear statement that you opt out of arbitration. Opting out will not affect your Account or other Terms. An opt-out applies only to the person and Account identified and does not reject the remainder of these Terms. For an Account holder age 16 or 17, the parent or legal guardian who completed the approval process may submit the opt-out on the minor's behalf to the extent permitted by law.

29.6 Severability

If a portion of this arbitration agreement is unenforceable, it will be severed and the remainder enforced, except that if the class action waiver is unenforceable as to a particular claim or request for relief, that claim or request will proceed in court after any arbitrable portions are completed.

30 Governing Law and Court Venue

These Terms are governed by the Federal Arbitration Act and, for matters not governed by federal law, the laws of Minnesota without regard to conflict-of-law principles. If a dispute is not subject to arbitration, the parties consent to exclusive jurisdiction in an appropriate state court in Minnesota or the United States District Court for the District of Minnesota, except where applicable consumer law requires another forum.

31 Apple App Store Terms

If you download FlyRecap through Apple's App Store, the following terms apply in addition to these Terms. The license to the downloaded application is governed by Apple's Standard Licensed Application End User License Agreement unless FlyRecap posts a valid custom EULA in App Store Connect. To the extent these Terms address the online Service rather than the application license, these Terms also apply; Apple's standard EULA controls any conflict concerning the application license.

These Terms are between you and FlyRecap, not Apple. FlyRecap, not Apple, is responsible for the Service and its content.
Apple has no obligation to provide maintenance or support for FlyRecap. Contact FlyRecap at the address or email in Section 35.
To the extent a warranty exists and the application fails to conform, you may notify Apple for any refund Apple is required to provide. To the maximum extent permitted by law, Apple has no other warranty obligation.
FlyRecap, not Apple, is responsible for addressing claims relating to the application or your possession or use of it, including product-liability, legal-compliance, consumer-protection, and privacy claims.
FlyRecap, not Apple, is responsible for investigating, defending, settling, and discharging claims that the application infringes third-party intellectual property rights.
You must comply with applicable third-party terms when using the application.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-specific provisions against you.

32 Export Controls and Sanctions

You represent that you are not located in a country or region subject to a comprehensive U.S. government embargo or designated by the U.S. government as supporting terrorism, and that you are not listed on a U.S. government restricted-party list. You will not export, reexport, or transfer the Service or related technology in violation of U.S. export-control or sanctions law.

33 Changes to These Terms

We may update these Terms as the Service, law, or our practices change. We will post the updated Terms and revise the date above. If a change materially reduces your rights or increases your obligations, we will provide reasonable advance notice through the Service, email, or another appropriate method where required. Changes apply prospectively unless law permits otherwise.

If you do not agree to updated Terms, you must stop using the Service and cancel any subscription. Continued use after the effective date constitutes acceptance where permitted by law. A change to the arbitration provision will not apply to a claim for which a valid Notice of Dispute was received before the change took effect. For an Account holder age 16 or 17, FlyRecap may require renewed parent or legal guardian approval before continued use after a material change.

34 General Provisions

Entire agreement. These Terms, the Privacy Policy, purchase terms shown at checkout, and any additional terms presented for a specific feature form the entire agreement concerning the Service.
Order of precedence. Specific feature or purchase terms control over these Terms for that subject. Apple's standard EULA controls the iOS application license as stated in Section 31.
Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue.
No waiver. Failure to enforce a provision is not a waiver.
Assignment. You may not assign these Terms without written consent. FlyRecap may assign them in connection with a merger, financing, reorganization, sale of assets, or by operation of law, subject to applicable law.
No agency. These Terms do not create employment, agency, partnership, joint venture, fiduciary, or franchise relationships.
Electronic communications. You consent to receive agreements, notices, receipts, and service communications electronically. Marketing messages, if any, are subject to separate choices and law.
Force majeure. FlyRecap is not liable for delay or failure caused by events beyond reasonable control, including natural disasters, internet or utility failures, labor disputes, government action, cyberattack, or third-party service interruption.
Headings. Headings are for convenience and do not limit interpretation.

35 Contact and Legal Notices

Customer support, legal notices, arbitration opt-outs, copyright notices, and questions about these Terms may be directed to:

FlyRecap LLC
11575 E Laketowne Dr
Albertville, MN 55301-4348
United States
hello@flyrecap.com