TERMS OF SERVICE

Last updated July 5, 2026

AGREEMENT TO OUR LEGAL TERMS

We are Cubic Insights LLC ("Company," "we," "us," "our"), a limited liability company registered in Florida, United States, with its principal address at 216 N 2nd St, Fernandina Beach, FL 32034, USA.

We operate the website https://www.provenflight.com and the ProvenFlight application (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at +1 (404) 825-2866, email at admin (remove this) @ (remove this) provenflight.com, or by mail to 216 N 2nd St, Fernandina Beach, FL 32034, USA.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Cubic Insights LLC, concerning your access to and use of the Services. You agree that by accessing or using the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The following defined terms are used throughout these Legal Terms:

"Customer Data" means all data, records, files, and content submitted to the Services by or on behalf of a customer through the application, including flight and flight logs, aircraft and aircrew information, mission and training records, uploaded aviation documents, and parsed output derived from those documents. Customer Data belongs to the customer.
"Account Data" means information about the user or account holder themselves: name, email address, password credentials, profile image, organization membership, role, and billing contact information.
"Usage Data" means technical logs and product-analytics data about how the Services are used, such as IP address, device and browser information, pages viewed, and feature events.
"Organization" means a customer workspace with seats managed by one or more administrators.
"Authorized User" means an individual permitted to use the Services under a customer's account or Organization.
"Contributions" means content a user submits for public or community display, such as testimonials, reviews, or feedback submitted for publication. Customer Data is expressly not a Contribution.
"Marks" means the ProvenFlight name, logo, and associated branding.

We will give account holders at least thirty (30) days' advance notice by email of material changes to these Legal Terms before they take effect, except where a change is required by law or addresses an urgent security issue, in which case it may take effect sooner. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you object to a material adverse change, you may terminate your subscription before the change takes effect as described in the section "TERM AND TERMINATION," and we will refund any prepaid fees for the unused remainder of your then-current term.

The Services are intended for adults. You must be at least eighteen (18) years of age to register for or use the Services.

We recommend that you print or save a copy of these Legal Terms for your records.

1. OUR SERVICES

ProvenFlight is a professional software tool for military aviators, aviation organizations, and others who maintain flight and flight records. The Services allow customers to track flights, organize flight logs, upload aviation documents, and use automated parsing to extract structured data from those documents. The Services are designed for use by qualified aviators, authorized personnel, and the organizations that employ or support them.

Where a signed master services agreement, order form, or other negotiated agreement between you (or your Organization) and us conflicts with these Legal Terms, that agreement controls with respect to its subject matter.

The Services are hosted and operated in the United States. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in the Services, including all source code, database software and structures, functionality, software, website designs, text, photographs, and graphics, as well as the look and feel, user interfaces, workflows, features, reports and report formats, visualizations, forms, templates, parsing models and pipelines, and documentation of the Services, and the selection, coordination, and arrangement thereof (collectively, the "Content"), together with the Marks. For clarity, the Content does not include Customer Data, which is addressed in the section "CUSTOMER DATA" below.

Our Content and Marks are protected by copyright, trademark, and trade secret laws (and other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

Your license

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business or professional purposes.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, modified, adapted, used to create derivative works, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section, please address your request to admin (remove this) @ (remove this) provenflight.com. If we grant you permission, you must identify us as the owner or licensor of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible.

Confidential and proprietary information

The non-public elements of the Services - including all software, features, and interfaces accessible only to registered users, non-public documentation, templates, report formats, parsing workflows, product roadmaps, and non-public pricing - constitute our confidential and proprietary information and trade secrets. You agree not to disclose them to any third party (including any party that develops or offers competing products) or use them for any purpose other than your authorized use of the Services, during and after the term of these Legal Terms. This obligation survives termination.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and will result in the termination of your right to use our Services, in addition to any other remedies available to us at law or in equity.

3. TRADEMARKS

ProvenFlight™, the ProvenFlight logo, and the distinctive appearance and trade dress of the Services are trademarks of Cubic Insights LLC. All rights in the Marks are reserved, whether or not registered.

Without our prior written consent, you may not:

Use the Marks, or any name, logo, or mark confusingly similar to the Marks, in any manner;
Use the Marks in any way that states or implies our sponsorship, endorsement of, or affiliation with you or any product or service;
Use the Marks in advertising for a competing product or service, in domain names, or in search-engine keyword or paid-placement campaigns that target the Marks;
Use our logo or trade dress in any materials, whether commercial or non-commercial.

Truthful, nominative references to ProvenFlight are permitted - for example, accurately stating that a product or service is compatible with the Services, or making honest, non-misleading comparative statements - provided the reference does not use our logo, does not suggest sponsorship or endorsement, and is no more prominent than necessary. This permission does not extend to using the Marks (or confusingly similar terms) as search-engine advertising keywords or in paid-placement or keyword-targeting campaigns, which remains prohibited without our prior written consent.

4. USER REPRESENTATIONS AND REGISTRATION

By using the Services, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete, and you will maintain and promptly update such information as necessary;
You are at least eighteen (18) years of age and have the legal capacity to agree to and comply with these Legal Terms;
You are using the Services for professional or organizational purposes and are a qualified aviator, authorized aviation personnel, or otherwise authorized by your Organization to use the Services;
You are not a competitor of ours, are not acting on behalf of or for the benefit of a competitor, and will not knowingly permit a competitor to access the Services through your account or Organization;
You will not access the Services through automated or non-human means (such as bots or scripts), except through interfaces and integrations we make available or approve in writing;
You will not use the Services for any illegal or unauthorized purpose; and
Your use of the Services will comply with all applicable laws and regulations.

You may be required to register an account to use the Services. You agree to keep your password and any other credentials confidential and you are responsible for all activity that occurs under your account. Seats are assigned to identified individual users, and credentials may not be shared. We reserve the right to remove, reclaim, or change a username if we determine, in our reasonable discretion, that it is inappropriate, misleading, or objectionable.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. ORGANIZATIONS AND ADMINISTRATORS

If you register for the Services, accept a seat, or otherwise use the Services on behalf of a squadron, unit, company, or other entity, you represent and warrant that you have the authority to bind that entity to these Legal Terms, and "you" refers to both you individually and that entity.

Organization administrators manage seats and access within the Organization and control the Organization's Customer Data, including granting and revoking Authorized User access, assigning roles, and directing the export or deletion of the Organization's data. Between the Organization and its Authorized Users, the Organization is responsible for its Authorized Users' acts and omissions in connection with the Services, for maintaining accurate seat assignments, and for ensuring its Authorized Users comply with these Legal Terms.

The contact information associated with the Organization's administrator account is where we will send notices relating to the Organization's subscription. The Organization is responsible for keeping that contact information current.

6. PURCHASES, SUBSCRIPTIONS, AND CANCELLATION

Payment

Payments are processed by our payment processor, Stripe. We accept major credit and debit cards through Stripe. Your payment card information is collected and stored by Stripe and never touches or is stored on our systems. You agree to provide current, complete, and accurate billing information and to keep it updated. All payments are in US dollars, and applicable sales or similar taxes will be added where we are required to collect them. You are responsible for all taxes associated with your subscription other than taxes on our net income.

Plans and seats

Subscriptions are offered on the pricing plans and seat quantities described in the Services at the time of purchase. Fees are based on the plan and number of seats purchased, not on actual usage. When offered, a one-time Career (Lifetime) purchase grants permanent Pro access for that account. We may stop offering new Career purchases at any time; access already purchased is not affected except as otherwise stated in these Legal Terms.

Automatic renewal

Your subscription continues and automatically renews at the end of each billing period, and your payment method will be charged the then-current fee at the start of each renewal period, until you cancel. The length of your billing cycle depends on the plan you choose. Where required by applicable law, we (or Stripe, our payment processor) will send a renewal reminder notice to the Organization's billing contact before an annual renewal charge.

Cancellation

You can cancel your subscription at any time in your account's billing settings (which provide access to the Stripe billing portal) or by emailing us at admin (remove this) @ (remove this) provenflight.com. Cancellation takes effect at the end of the current paid term, and you will retain access to the Services through the end of that term.

Fee changes

We may change subscription fees from time to time. We will notify you by email at least thirty (30) days before any fee change takes effect, and the change will apply no earlier than your next renewal. If you do not agree to a fee change, you may cancel before the renewal at which it takes effect.

30-day money-back guarantee

If you are not satisfied with the Services, you may request a full refund of your initial purchase within thirty (30) days of that purchase. The guarantee applies to your first purchase of each paid plan, including the annual subscription and the one-time Career purchase. To request a refund, email us at admin (remove this) @ (remove this) provenflight.com from the address associated with your account within the thirty-day period. We will process the refund to your original payment method. Your access to the paid features ends when the refund is issued, and any permanent entitlement purchased (such as Lifetime access) is revoked. The guarantee does not apply to subscription renewal charges, to a repeat purchase of a plan you have already been refunded, or where we have terminated your account for material breach of these Legal Terms.

Other refunds

Except as expressly stated in these Legal Terms or required by applicable law, fees are non-refundable. If we terminate your subscription for convenience (that is, other than for your material breach of these Legal Terms), or if you terminate because you object to a material adverse change to these Legal Terms as described above, we will refund the prepaid fees for the unused remainder of your then-current term on a pro-rata basis.

7. FREE TRIALS AND EVALUATION

We may offer free trials or evaluation access to the Services. Trial and evaluation use is subject to all of these Legal Terms, including the "PROHIBITED ACTIVITIES" section and our Responsible Use Policy. Free and evaluation access is provided solely for your good-faith evaluation of a potential purchase of the Services. Accessing the Services on a trial or evaluation basis for competitive purposes - including competitive analysis, benchmarking, or product research for a competing product - is prohibited (see the "PROHIBITED ACTIVITIES" section).

We may modify, limit, suspend, or end free trials or evaluation access at any time. At the end of a trial, your access may be suspended unless you purchase a subscription.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. You may use the Services for your internal business and professional purposes, including maintaining flight records and flight logs for yourself or your Organization; all other commercial exploitation of the Services requires our prior written consent.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, or otherwise scrape the Services;
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on use;
Access the Services through automated or non-human means, including bots, scripts, scrapers, spiders, or offline readers, except through interfaces and integrations we make available or approve in writing;
Engage in unauthorized framing of or linking to the Services, or mirror the Services;
Copy or adapt the Services' software, or delete copyright or proprietary notices from any Content;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, by any means;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other malicious or harmful material, or any material that acts as a passive or active information collection or transmission mechanism;
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
Trick, defraud, or mislead us or other users, including attempts to learn sensitive account information;
Impersonate another user or person, or use another user's credentials;
Collect or harvest usernames, email addresses, or other user information from the Services, including for the purpose of sending unsolicited communications or creating accounts by automated means or under false pretenses;
Use any information obtained from the Services in order to harass, abuse, or harm another person;
Misuse our support services or submit false reports of abuse or misconduct;
Use the Services in violation of any applicable law or regulation;
Access or use the Services if you are, or are acting on behalf of or for the benefit of, a competitor of ours, except with our prior written consent;
Use the Services or any Content to develop, build, train, improve, benchmark, or market a product or service that competes with the Services, or assist a third party in doing so, including copying, imitating, or replicating any features, functions, workflows, forms, parsing methodologies, report formats, or the look and feel of the Services, or monitoring the availability, performance, or functionality of the Services for competitive purposes;
Use the Services or any Content, or any data obtained from the Services, to develop, train, fine-tune, evaluate, or improve any artificial-intelligence or machine-learning model, or for text- or data-mining, or make the Services or Content available to any third party for such purposes, without our prior written consent. Nothing in this item restricts you or your Organization from using your own Customer Data, including Customer Data you export from the Services, for your internal purposes, including research, analysis, and quality improvement;
Resell, sublicense, white-label, rent, lease, or otherwise provide access to the Services to any third party, or use the Services on a service-bureau or time-share basis; or
Share seats, accounts, or credentials, or otherwise make the Services available to individuals who are not Authorized Users, in order to circumvent the purchase of seats or subscriptions.

Nothing in these Legal Terms restricts your right to post honest reviews of the Services as protected by applicable law, including the Consumer Review Fairness Act.

9. CUSTOMER DATA

Ownership and license

As between you (or your Organization) and us, you own all right, title, and interest in and to Customer Data. You grant us a limited, non-exclusive, worldwide license to host, copy, process, transmit, display, and back up Customer Data solely as necessary to provide, secure, support, and maintain the Services, to comply with law, and as otherwise instructed by you or your Organization. We claim no other rights in Customer Data.

Confidentiality; no sale, no advertising

We treat Customer Data as your confidential information. We never sell Customer Data, we never share it for advertising purposes, and we never use it to advertise or market to anyone.

De-identified and aggregated data

We may create de-identified or aggregated data from Customer Data and Usage Data - data that does not identify any individual or customer - and use such data to operate, improve, develop, and demonstrate the Services. We will never attempt to re-identify de-identified data, and we will not permit others to do so.

Security and breach notice

We maintain administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit and at rest, role-based access controls, and automated backups. See our Security Overview for details. If we become aware of a breach of security affecting your Customer Data, we will notify you without undue delay, consistent with applicable law.

Your responsibilities

You are responsible for the accuracy and lawfulness of Customer Data and for obtaining any consents or authorizations required to submit it to the Services, including for uploaded aviation documents and parsed output. You are responsible for verifying parsed results before relying on them in official logbooks, reports, or other records. Although we maintain backups, you are responsible for exporting and retaining copies of records you are required to keep under applicable aviation record-keeping or other laws.

Export and deletion

You can export your Customer Data (including flight and flight log data) at any time using the export features of the Services. A raw CSV of your logbook is available on every plan. Formatted and destination-specific exports require a Pro plan. For thirty (30) days following termination or expiration of your subscription, you may request an export of your Customer Data by emailing admin (remove this) @ (remove this) provenflight.com. Unless a negotiated agreement provides otherwise or we are legally required to retain it, we will delete Customer Data within ninety (90) days after termination, with residual copies in backups purged on our standard backup rotation schedule.

10. CONTRIBUTIONS AND FEEDBACK

Contributions

From time to time we may invite you to submit content for public or community display, such as testimonials or reviews ("Contributions"). Customer Data is not a Contribution, and nothing in this section applies to Customer Data.

If you submit a Contribution, you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, display, and distribute that Contribution in order to operate and promote the Services. We do not claim ownership of your Contributions, and we will not sell them. You may ask us to stop displaying a testimonial or similar Contribution by emailing admin (remove this) @ (remove this) provenflight.com, and we will do so within a reasonable period, except where the Contribution has already been incorporated into materials that are impractical to recall.

By submitting a Contribution, you represent and warrant that:

You own the Contribution or have the rights and permissions necessary to grant the license above;
You have obtained the consent of every identifiable individual referenced in the Contribution to the use of their name or likeness, and the Contribution contains no operational or personnel records belonging to others without authorization;
The Contribution is truthful and not misleading; and
The Contribution does not violate any law or the rights of any third party.

We may decline to publish, or may remove, any Contribution at our discretion. Contributions do not represent our views.

Feedback

If you send us suggestions, ideas, or other feedback about the Services ("Feedback"), you agree that we may use the Feedback for any purpose without restriction, attribution, or compensation, and you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable and transferable license to use the Feedback. Feedback does not include Customer Data and is not subject to any confidentiality obligation on our part.

11. SERVICES MANAGEMENT AND RESPONSIBLE USE

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate action against anyone who, in our reasonable discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any content that violates these Legal Terms; (4) remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. In exercising these rights with respect to Customer Data, we will act consistently with the section "CUSTOMER DATA."

Our Responsible Use Policy is incorporated into these Legal Terms by reference and applies to all users of the Services. Any violation of the Responsible Use Policy is a material breach of these Legal Terms.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised that the Services are hosted in the United States. If you access the Services from any other region of the world, your data will be transferred to and processed in the United States.

13. COPYRIGHT POLICY (DMCA)

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Our designated agent is registered with the U.S. Copyright Office's DMCA Designated Agent Directory.

Notification of infringement

If you believe that material available on the Services infringes your copyright, please send a written notification to our designated agent:

Copyright Agent
Cubic Insights LLC
216 N 2nd St, Fernandina Beach, FL 32034, USA
admin (remove this) @ (remove this) provenflight.com

To be effective under 17 U.S.C. § 512(c)(3), your notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered by a single notification, a representative list of such works);
Identification of the material that is claimed to be infringing and that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please be aware that under 17 U.S.C. § 512(f), you may be liable for damages, including costs and attorneys' fees, if you materially misrepresent that material is infringing.

Counter-notification

If material you posted was removed or disabled in response to a DMCA notice and you believe the removal was the result of mistake or misidentification, you may send our designated agent a written counter-notification that includes: (1) your physical or electronic signature; (2) identification of the material that was removed or disabled and the location at which it appeared before removal; (3) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who provided the original notification or their agent. If we receive a valid counter-notification, we may restore the removed material in accordance with the DMCA unless the original complainant files a court action within ten (10) business days.

Repeat infringers

We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

14. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you use the Services. You may stop using the Services and terminate your account at any time; paid subscriptions are canceled as described in the section "PURCHASES, SUBSCRIPTIONS, AND CANCELLATION."

For paid Organization subscriptions, we will terminate for your material breach of these Legal Terms only after giving thirty (30) days' written notice and an opportunity to cure - except that we may suspend or terminate immediately where reasonably necessary to address a security threat, a violation of our or a third party's intellectual property rights, unlawful use of the Services, or nonpayment that remains uncured after notice. For free accounts and trials, we may suspend or terminate access at any time for violation of these Legal Terms. We may also temporarily suspend access to the Services where reasonably necessary to prevent or address a security risk, abuse, or harm to the Services or other users, and we will restore access promptly once the issue is resolved.

Upon termination or expiration, your export and deletion rights with respect to Customer Data are as described in the section "CUSTOMER DATA": a thirty (30) day export window, followed by deletion within ninety (90) days, subject to any legal hold or retention obligation.

If we terminate or suspend your account because you breached these Legal Terms, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

The following survive any termination or expiration of these Legal Terms: the sections addressing intellectual property rights and confidentiality, trademarks, prohibited activities, the Customer Data restrictions and confidentiality obligations, feedback, user responsibility, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and miscellaneous, together with any other provision that by its nature should survive.

15. MODIFICATIONS AND INTERRUPTIONS

Changes to these Legal Terms

We may revise these Legal Terms from time to time. For material changes, we will give account holders at least thirty (30) days' notice by email before the change takes effect, except where a change is required by law or addresses an urgent security issue. Your continued use of the Services after the effective date constitutes acceptance. If you object to a material adverse change, you may terminate before the effective date and receive a pro-rata refund of prepaid, unused fees.

Changes to the Services

We may change, improve, add to, or remove features of the Services from time to time. For paid customers, we will use commercially reasonable efforts to avoid materially degrading the core functionality of the Services during a paid term. We are not obligated to maintain any specific feature indefinitely, and we will not be liable to you or any third party for any modification of the Services made in accordance with this section, except as otherwise provided in a signed agreement between you (or your Organization) and us.

Availability

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. Where practicable, we will provide reasonable advance notice of scheduled maintenance. We use commercially reasonable efforts to maintain the availability of the Services for paid plans, but nothing in these Legal Terms is a guarantee of uninterrupted availability; uptime or service-level commitments are available only under a separately negotiated written agreement. See our Security Overview for more on our availability and backup posture. Except as otherwise provided in a signed agreement between you (or your Organization) and us, we will not be liable for any loss or damage caused by downtime or discontinuance of the Services.

16. USER RESPONSIBILITY AND AVIATION RECORDS

The Services are a record-keeping, documentation, and data-tracking tool for aviators and aviation organizations. The Services do not provide flight instruction, operational guidance, or aviation safety advice, and no aviator-instructor, employer-employee, or similar relationship is created between Cubic Insights LLC and any person.

All totals, summaries, parsed fields, and reports generated by the Services - including output from document parsing - are informational aids intended to assist with record organization and review. They must be independently verified, and you retain sole responsibility for the accuracy of your official flight logs, flight records, currency tracking, and any reporting required by your service, employer, or regulator.

The Services are not a system of record unless your organization designates them as such and takes responsibility for that designation. Automated parsing may produce errors or incomplete results; you must review parsed output before relying on it. This section is an essential part of the sections "DISCLAIMER" and "LIMITATION OF LIABILITY" below.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding arbitration

If informal negotiations fail, any Dispute (except those expressly excluded below) will be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, before a single arbitrator. The seat of the arbitration will be Jacksonville, Florida, although hearings may be conducted by videoconference or telephone where the arbitrator permits. The arbitrator's decision will be in writing, and judgment on the award may be entered in any court of competent jurisdiction. Each Party bears its own attorneys' fees except as provided below or awarded under applicable law, and arbitration fees are allocated in accordance with the AAA rules. If your organization has a separately negotiated written agreement with us that contains its own dispute-resolution terms, those terms control.

Restrictions; class-action waiver

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. TO THE FULLEST EXTENT PERMITTED BY LAW, (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

Exceptions to arbitration

The following Disputes are not subject to the informal-negotiation and arbitration provisions above: (a) Disputes seeking to enforce or protect, or concerning the validity of, either Party's intellectual property rights; (b) Disputes arising from unauthorized access to or misuse of the Services, including theft, piracy, or invasion of privacy; (c) any claim for injunctive or other equitable relief; and (d) any claim properly brought in small-claims court, which either Party may pursue in a small-claims court of competent jurisdiction. For all Disputes excluded from arbitration under clauses (a) through (c), the Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Duval County or Nassau County, Florida, and waive any objection to that jurisdiction and venue.

Irreparable harm; equitable relief

You acknowledge that any breach of the sections "INTELLECTUAL PROPERTY RIGHTS," "TRADEMARKS," or "PROHIBITED ACTIVITIES," or of the confidentiality obligations in these Legal Terms, would cause us irreparable harm for which monetary damages would be an inadequate remedy, and that we are entitled to seek injunctive or other equitable relief in any court of competent jurisdiction, without posting a bond, in addition to all other remedies available at law or in equity.

Attorneys' fees

In any action or proceeding to enforce the sections "INTELLECTUAL PROPERTY RIGHTS," "TRADEMARKS," or "PROHIBITED ACTIVITIES," the prevailing Party will be entitled to recover its reasonable attorneys' fees and costs.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, AND, WITHOUT LIMITING THE SECTION "USER RESPONSIBILITY AND AVIATION RECORDS," WE DO NOT WARRANT THAT ANY PARSED OUTPUT, TOTAL, SUMMARY, OR REPORT GENERATED BY THE SERVICES IS SUITABLE FOR ANY OFFICIAL AVIATION RECORD OR OPERATIONAL DECISION. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY INFORMATION STORED THEREIN, EXCEPT TO THE EXTENT RESULTING FROM OUR FAILURE TO MAINTAIN THE SAFEGUARDS DESCRIBED IN THE SECTION "CUSTOMER DATA" (IN WHICH CASE THE SECTION "LIMITATION OF LIABILITY" APPLIES); (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. THIS SECTION APPLIES EXCEPT AS OTHERWISE PROVIDED IN A SIGNED AGREEMENT BETWEEN YOU (OR YOUR ORGANIZATION) AND US.

21. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST REVENUE, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND EXCEPT AS OTHERWISE PROVIDED IN A SIGNED AGREEMENT BETWEEN YOU (OR YOUR ORGANIZATION) AND US, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU (OR YOUR ORGANIZATION) TO US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00 USD).

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

Your indemnification of us

You agree to defend, indemnify, and hold us harmless - including our subsidiaries, affiliates, and our and their respective officers, agents, partners, and employees - from and against any third-party claim, demand, loss, damage, or liability, including reasonable attorneys' fees and expenses, arising out of: (1) Customer Data you or your Organization submit to the Services, including any failure to obtain consents or authorizations required for that data; (2) your Contributions; (3) your breach of these Legal Terms or of your representations and warranties in them; (4) your violation of applicable law or of the rights of a third party, including intellectual property and privacy rights; or (5) your misuse of the Services. This obligation is conditioned on our giving you prompt written notice of the claim and reasonable cooperation, at your expense, in the defense. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense; you may participate in the defense with counsel of your own choosing, at your own expense.

Our indemnification of you

We will defend you against any third-party claim alleging that the Services, as provided by us and used in accordance with these Legal Terms, infringe that third party's United States patent, copyright, or trademark, or misappropriate its trade secrets, and we will pay the damages and reasonable attorneys' fees finally awarded against you (or agreed by us in settlement) for such a claim. This obligation does not apply to the extent a claim arises from: (a) your misuse of the Services or use in violation of these Legal Terms; (b) combination of the Services with products, services, or data not provided by us, where the claim would not have arisen but for the combination; (c) modifications to the Services not made by us; or (d) Customer Data. If the Services become, or in our opinion are likely to become, the subject of an infringement claim, we may, at our option and expense: (i) procure the right for you to continue using the Services; (ii) modify or replace the Services so they become non-infringing without materially reducing functionality; or (iii) terminate your subscription and refund any prepaid fees for the unused remainder of your term. This section states our entire liability, and your exclusive remedy, for any claim of infringement.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Legal Terms, together with the policies they incorporate by reference (including the Privacy Policy and the Responsible Use Policy), constitute the entire agreement and understanding between you and us with respect to the Services. If you or your organization has entered into a separate written agreement with us governing the Services (including a master services agreement or order form), that agreement controls over these Legal Terms to the extent of any conflict, both for the organization and for Authorized Users accessing the Services under its subscription.

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations under these Legal Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign these Legal Terms without our prior written consent, except that an Organization may assign them to a successor entity in connection with a merger, acquisition, or sale of substantially all of its assets, with notice to us.

We shall not be responsible or liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or utility failures, or governmental action.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them, and you waive any defenses based on the electronic form of these Legal Terms or the lack of signing by the parties.

Notices to you will be sent by email to the address associated with your account (or your Organization's administrator account) and are effective when sent. Notices to us must be sent by email to admin (remove this) @ (remove this) provenflight.com or by mail to 216 N 2nd St, Fernandina Beach, FL 32034, USA, and are effective when received. There are no third-party beneficiaries to these Legal Terms. The provisions identified in the section "TERM AND TERMINATION" survive any termination or expiration of these Legal Terms.

26. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Cubic Insights LLC
216 N 2nd St, Fernandina Beach, FL 32034, USA
Phone: +1 (404) 825-2866
admin (remove this) @ (remove this) provenflight.com