Terms of Service
Thank you for visiting FlyWith. These Terms of Service ("Terms") create a legal agreement between you ("You" or "Your") and FlyWith, Inc. ("FlyWith," "we," "us," or "our") governing your access to and use of: (i) the website at flywith.com or successor site (the "Site"); (ii) our web and mobile application (the "App"); and (iii) other products and services we may offer that link to these Terms (collectively, the "Services").
1. Introduction
By accessing any portion of the Services, you agree to be bound by these Terms. These Terms take effect when you click an acceptance button or check box presented with these Terms, or if earlier, when you access or use any of the Services (the "Effective Date"). If we make changes, we will provide notice, such as by posting a notice on the Services or updating the "Last Updated" date above. Your continued use following notice of changes confirms your acceptance. If you do not agree to these Terms (as amended), you must stop using the Services.
Any individual who has executed the FlyWith Membership Agreement, including the attached terms and conditions (collectively, "Membership Agreement") with us is a "Member". Everyone who uses the App or otherwise uses the Services, including any Member, is a "User". All Users are subject to these Terms, and Members may be subject to additional terms and conditions set forth in the Membership Agreement and Charter Services Agreement (as defined below). These Terms are in addition to, and do not replace, the Membership Agreement and any Charter Services Agreement applicable to you. In the event of a conflict, the Membership Agreement and the Charter Services Agreement control over these Terms with respect to their subject matter.
If you have questions about these Terms, please contact us at legal@flywith.com.
ARBITRATION NOTICE. PLEASE BE AWARE THAT SECTION 18 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND FLYWITH, OR OTHERWISE ARISING OUT OF THESE TERMS. THAT SECTION INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION, AND INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 18 CAREFULLY.
2. Overview of FlyWith
FlyWith operates a membership-based technology platform, accessible through our mobile app and website, that helps Members discover, coordinate, and book private travel services provided by independent, licensed third-party operators. FlyWith is a technology platform; we do not own, operate, or control aircraft, and we do not provide air transportation. This Terms of Service applies to your use of our app, website, and related services.
3. Eligibility
To use the Services, you must be at least 21 years old, be legally capable of entering into binding contracts, and complete FlyWith's identity verification process. You must provide all information required by our identity verification provider (currently Stripe), federal aviation security requirements, and the applicable Charter Operator. You represent and warrant that all identification and traveler information you submit for yourself and any of your travel companions is true, accurate, and complete, and you agree to keep it current. Submitting false or misleading information is a material breach of these Terms.
The Services are offered only to residents of, and for use within, the United States.
By accessing or using the Services, you represent and warrant that you meet all applicable eligibility requirements.
If you use the Services on behalf of an entity, you represent that you are authorized to bind that entity to these Terms, and all references to "you" include that entity.
4. Accounts
To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information at registration and to update it as necessary.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized access. We are not liable for losses resulting from unauthorized use of your account.
We reserve the right to suspend or terminate your account at any time in accordance with Section 15 (Term, Termination, and Suspension). We may decline to issue, may revoke, and may decline to renew membership or account access at our discretion as set forth in the Membership Agreement. Members may not maintain more than one account except as we expressly permit. Following termination, we may retain or delete account information in accordance with our Privacy Policy, the Membership Agreement, and applicable law, including records we are required to retain for tax, regulatory, or aviation-security purposes.
5. User Conduct
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:
(a) disrupt or interfere with the functioning of the Services;
(b) upload or transmit malicious code or attempt unauthorized access to any part of the Services;
(c) use automated means (e.g., bots, scrapers) to access or collect data from the Services without our prior written consent;
(d) use the Services for any illegal or unauthorized purpose;
(e) create multiple accounts except as expressly permitted;
(f) allow unauthorized third parties to access the Services using your credentials; or
(g) circumvent, bypass, attempt to disintermediate the platform or exchange money or any other consideration relating to the Services outside of our platform, including by using the Services to identify a Charter Operator and then soliciting, arranging, negotiating, or booking charter transportation or any related service directly with that Charter Operator (or through any third party) outside the Services or by finding travel companions using the Services and arranging flights with such individuals outside the Services; or
(h) solicit other Members or Users, or misuse any confidential or membership information made available through the Services.
We reserve the right to terminate or suspend your access for any violation of these Terms.
6. Fees and Payment
(A) Membership Fees. Membership in FlyWith requires payment of an annual membership fee (the "Membership Fees"). The specific Fees (defined below), tiers, and benefits applicable to you, and the full payment and refund terms, are set forth in your Membership Agreement, which governs and controls over this Section in the event of any conflict.
(B) Fees Generally. Your access to and use of the Services may require payment of fees, including Membership Fees, flight charges, deposits, and all other amounts payable to FlyWith (collectively, the "Fees"). Fees may be payable both by Members and non-Members who book or otherwise use the Services.
(C) Charges, Deposits, and Holds. FlyWith may charge a deposit on your designated payment method at the time of booking, with the remaining balance due before the flight. FlyWith may also place pre-authorization holds on your designated payment method. You acknowledge that these charges, deposits, and holds are owed and payable in connection with each booking. Payments are processed by a third party, and FlyWith does not store full payment-card numbers. You authorize FlyWith and its payment processor to charge your designated payment method for all Fees, flight charges, deposits, and authorized holds.
(D) Refunds. Except as required by applicable law or as otherwise set forth in the agreement governing the applicable Fees (e.g., your Membership Agreement), Fees are non-refundable. Refunds of flight-related charges (including deposits) are governed by the applicable Charter Services Agreement and the relevant Charter Operator's policies.
(E) Changes; Taxes. We reserve the right to change our Fees, with advance notice provided in accordance with these Terms. We may modify the Membership Fees specifically through, and in accordance with, the Membership Agreement. You are responsible for all taxes and similar charges, if applicable, in connection with your membership and bookings.
7. Intellectual Property
The Services, including all content included in or made available through the Services, including text, graphics, logos, images, software, data, and other materials (collectively, "Content"), are owned by us or our licensors and protected under applicable intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Content for your personal, non-commercial use in connection with your use of the Services. We do not grant you any rights in our marks or any other product or service name or slogan on the Services. All other rights are reserved.
Any access, use, copying, distribution, retransmission, or modification of the Services not expressly permitted by these Terms is strictly prohibited and will terminate the license granted herein.
8. Third-Party Links and Providers
The Services may contain links to or integrations with third-party websites, products, or services not owned or controlled by us (collectively, "Third-Party Content"). Your use of Third-Party Content is solely between you and the applicable third party. We do not control, endorse, or assume responsibility for Third-Party Content and make no representation or warranties of any kind regarding Third-Party Content or the privacy practices of any third parties, and your access to or use of such Third-Party Content and interaction with such third parties is at your own risk.
Charter Operators. The independent, third-party Charter Operators that perform flights arranged through the Services are Third-Party Content / third-party providers for purposes of this Section. For avoidance of doubt, FlyWith does not operate the aircraft and is not responsible for the acts, omissions, performance, safety, delay, cancellation, or conduct of any Charter Operator.
Other Providers. We also rely on other third-party service providers, including a third-party payment processor (to process Fees, deposits, holds, and flight charges), identity-verification providers, analytics and advertising providers, and an SMS/text-message provider. By using the relevant feature, you consent to the applicable provider's terms of service and privacy policy. We do not control, endorse, or assume responsibility for the practices of these providers.
9. Confidentiality and Privacy
Privacy. Your use of the Services is subject to our Privacy Policy, available at flywith.com/privacy, which is incorporated into these Terms by reference. We reserve the right to use and assign information submitted or collected by or about you through the Services in accordance with our Privacy Policy.
Your Confidentiality Obligations. The FlyWith network is invitation-only and depends on the discretion of everyone who uses the Services. The names, identities, profile content, contact details, and travel patterns of Members and other passengers, their presence on or off any flight, and any manifests, flight numbers, tail numbers, departure times, and meeting points for flights arranged through the Services are confidential. You will not disclose this information to any person outside the FlyWith network, including through social media, press, or public commentary, except (a) as expressly permitted by the relevant Member or passenger, (b) as required by law (in which case you will give us prompt written notice to the extent legally permitted), or (c) as necessary to coordinate the specific flight with the people on it, provided, however, that Members are permitted to publicize, through social media and otherwise, the fact that they are Members and the benefits of that Membership consistent with the terms of this Section 9.
You will not photograph, film, or record any Member, passenger, air carrier personnel or crew member on board a flight or at a private aviation facility without that person's express prior consent, and you will not publish any such image or recording in a manner that identifies another Member, passenger, or crew member without their express prior written consent. You will not photograph or record the interior or exterior of any aircraft or aviation facility. You will not use information learned through the Services to solicit, market to, or commercially pursue any individual, including any Member or their guests, without their express invitation. Your obligations under this paragraph survive your use of the Services for five (5) years and, with respect to information that is a trade secret or the personal information of another person, for as long as permitted by applicable law.
FlyWith's Confidentiality Obligations. FlyWith will not disclose to any third party outside the FlyWith network a Member's or their companions' identity, flight history, travel patterns, or any other information that could reasonably be used to identify a specific Member's participation in the Services, except: (a) as set out in the Privacy Policy or these Terms of Service; (b) as required by law, regulation, subpoena, court order, or other legal process; (c) to Charter Operators, regulators, payment providers, and other service providers to the extent necessary to operate the Services and to comply with applicable aviation, security, payment, and financial regulations; (d) to other Members or guests on the same flight as the Member, to the extent necessary to coordinate that flight; (e) in connection with a corporate transaction (such as a merger, acquisition, financing, or sale of assets), subject to the recipient's commitment to maintain confidentiality on terms no less protective than this Section; (f) in aggregated or de-identified form; or (g) with the Member's express prior consent.
The non-disclosure obligations set forth in this "Confidentiality and Privacy" section apply to confidential information that a party provided to the other party prior to the Effective Date in connection with your evaluation of the Services, including whether you wanted to become a Member, or FlyWith's evaluation of your application for Membership.
Survival. The obligations in this Section survive the termination of these Terms for a period of five (5) years and, with respect to information that is a trade secret or that constitutes personal information of another Member, for so long as permitted by applicable law.
10. Location
The Services are controlled and/or operated from the United States and are not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in these Terms. The Services may not be appropriate or available for use in some jurisdictions outside the United States. If you use the Services, you do so at your own risk and are responsible for complying with all applicable local laws, rules, and regulations. We may limit the Services' availability, in whole or in part, to any person, geographic area, or jurisdiction at any time and in our sole discretion.
11. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless (i) FlyWith, its affiliates and its and their officers, directors, members, employees, agents, successors, and assigns (collectively, the "FlyWith Parties") and (ii) other Users, from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your violation of applicable law or third-party rights (including intellectual property rights); (c) your willful or negligent misconduct; (d) your use of the Services; or (e) any dispute between you and a Charter Operator or other third party arising out of or relating to any flight, booking, or transportation service arranged through the Services.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLYWITH AND THE FLYWITH PARTIES WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FLYWITH OR THE FLYWITH PARTIES EXCEED THE LESSER OF (I) THE MEMBERSHIP FEES YOU PAID TO FLYWITH FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) TEN THOUSAND U.S. DOLLARS ($10,000).
THE FOREGOING LIMITATIONS AND THE CAP IN THIS SECTION APPLY ONLY TO THE SERVICES AND FLYWITH AND THE FLYWITH PARTIES IN THEIR CAPACITY AS A BOOKING INTERMEDIARY. THEY DO NOT PURPORT TO LIMIT, RELEASE, OR CAP THE LIABILITY OF ANY CHARTER OPERATOR FOR THE AIR TRANSPORTATION ITSELF, INCLUDING ANY CLAIM FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF ANY FLIGHT OR THE OPERATION OF AN AIRCRAFT. SUCH CLAIMS LIE AGAINST THE CHARTER OPERATOR AND ARE GOVERNED BY THE CHARTER SERVICES AGREEMENT, APPLICABLE LAW, AND THE CHARTER OPERATOR'S INSURANCE, AS DESCRIBED IN THE ASSUMPTION-OF-RISK SECTION BELOW.
MEMBERS PARTICIPATING IN SHARED CHARTER FLIGHTS ACKNOWLEDGE THAT THEY ARE SHARING AN AIRCRAFT WITH OTHER MEMBERS AND THEIR GUESTS. FLYWITH IS NOT RESPONSIBLE FOR THE CONDUCT, HEALTH, OR BACKGROUND OF OTHER PASSENGERS ON SHARED FLIGHTS. ALL PASSENGERS MUST COMPLY WITH THE CHARTER OPERATOR'S SAFETY AND SECURITY PROTOCOLS.
NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
13. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN WRITING BY US, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
WE MAY MAKE CHANGES TO THE FEATURES, FUNCTIONALITY, OR CONTENT OF THE SERVICES AT ANY TIME. WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO EDIT OR DELETE ANY CONTENT APPEARING ON THE SERVICES. WE RESERVE THE RIGHT TO SUSPEND, DISCONTINUE, OR TERMINATE THE SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE, IN OUR SOLE DISCRETION. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SUCH SUSPENSION, DISCONTINUATION, OR TERMINATION.
14. Assumption of Risk; Release of Flight-Safety Claims
YOU ACKNOWLEDGE AND AGREE THAT AIR TRAVEL INVOLVES INHERENT RISKS. FLYWITH IS A BOOKING INTERMEDIARY ONLY AND DOES NOT OPERATE AIRCRAFT, EMPLOY FLIGHT CREW, OR CONTROL FLIGHT OPERATIONS. ALL FLIGHTS ARE OPERATED BY INDEPENDENT, FAA-CERTIFICATED CHARTER OPERATORS THAT ARE SOLELY RESPONSIBLE FOR THE SAFETY, AIRWORTHINESS, AND CONDUCT OF EACH FLIGHT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH AIR TRANSPORTATION ARRANGED THROUGH THE SERVICES, AND YOU AGREE THAT ANY CLAIM RELATING TO THE OPERATION OR SAFETY OF A FLIGHT, INCLUDING ANY CLAIM FOR BODILY INJURY, DEATH, DELAY, LOST OR DAMAGED BAGGAGE, OR PROPERTY DAMAGE, MUST BE BROUGHT AGAINST THE CHARTER OPERATOR THAT PERFORMED THE FLIGHT (AND IS SUBJECT TO THE CHARTER OPERATOR'S INSURANCE AND THE CHARTER SERVICES AGREEMENT), AND NOT AGAINST FLYWITH OR THE FLYWITH PARTIES. YOU RELEASE AND DISCHARGE FLYWITH AND THE FLYWITH PARTIES FROM ALL SUCH FLIGHT-OPERATION AND FLIGHT-SAFETY CLAIMS, EXCEPT TO THE EXTENT SUCH CLAIMS ARISE FROM FLYWITH'S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR CANNOT BE WAIVED UNDER APPLICABLE LAW.
FlyWith does not guarantee the availability, schedule, condition, or insurance coverage of any aircraft or Charter Operator. You are encouraged to review the Charter Services Agreement and the Charter Operator's insurance and safety information before each flight.
15. Term, Termination, and Suspension
These Terms commence on the Effective Date and remain in effect until terminated.
We may suspend or terminate your access at any time in our sole discretion, including if: (i) you violate these Terms; (ii) you infringe any third-party rights; or (iii) your use creates risk or legal exposure for us or others. Notice, any cure period, and any pro-rated refund of membership Fees upon a without-cause termination by FlyWith are governed by the Membership Agreement; we may suspend or terminate immediately in cases of material breach, fraud, safety risk, or illegal conduct.
Termination does not relieve you of obligations incurred prior to termination, including payment and indemnification obligations.
Upon termination, all rights and licenses granted to you under these Terms will immediately cease.
The following provisions survive termination: Fees and Payment (as to amounts accrued); Intellectual Property; Third-Party Links and Providers; Confidentiality and Privacy; Indemnification; Limitation of Liability; Disclaimer of Warranties; Assumption of Risk; Term, Termination, and Suspension; Governing Law and Venue; Arbitration and Dispute Resolution; and Miscellaneous; together with the anti-disintermediation obligation in Section 5.
16. Artificial Intelligence
(a) Our Services may include features or functionality powered by artificial intelligence ("AI"), including, but not limited to, large language models, provided by third-party vendors. We use these AI services both to assist you directly (for example, general inquiries and navigation through our chat features) and to support back-end processing of information you submit to us (for example, helping structure and complete booking requests). By using our AI services, you acknowledge and agree that: (i) you understand you may be interacting with AI; (ii) AI responses are not tax, legal, or financial advice; (iii) you will not rely solely on AI responses for any travel or other decisions; and (iv) you understand the limitations of automated, AI-generated responses.
(b) We make no representations or warranties regarding: (i) completeness or accuracy of AI-generated information; (ii) suitability of AI responses for your specific situation; (iii) flight or booking data provided through AI systems; or (iv) any outputs from automated systems.
17. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules. Except as otherwise provided in the Arbitration and Dispute Resolution section, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware for any actions arising from these Terms, including enforcement of an arbitration award or claims for injunctive or equitable relief.
18. Arbitration and Dispute Resolution
(A) For any dispute, claim, or controversy arising out of or relating to these Terms, including, without limitation, the breach, termination, enforcement, interpretation, or validity thereof, or your access or use of the Services (together, a "Dispute"), you agree to first contact FlyWith in writing and attempt informal resolution. If unresolved after 30 days (or such longer period as agreed by FlyWith), the Dispute will be settled through binding arbitration administered by the Judicial Arbitration and Mediation Services ("JAMS") pursuant to its Comprehensive Arbitration Rules and Procedures or, if applicable, the Streamlined Arbitration Rules and Procedures (the "JAMS Rules"), which are incorporated by reference. The arbitration may be conducted, at the claimant's option, either in person in Los Angeles County, CA or by video conference. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. Arbitration fees shall be governed by the JAMS Rules. Arbitration shall be conducted before a single arbitrator, on an individual basis only, and not as a class, collective, consolidated, or representative action.
(i) The arbitrator shall be a retired judge or licensed attorney with experience in commercial disputes and shall apply the substantive law of Delaware.
(ii) This section constitutes a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA").
(iii) If the claim does not exceed $10,000, arbitration will be conducted solely on the basis of submitted documents, unless the arbitrator requires a hearing.
(iv) BY AGREEING TO THESE TERMS, YOU AND FLYWITH EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PURSUE ANY CLAIM IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER INCLUDES ANY RIGHT TO CLASS ARBITRATION OR CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR IN CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON, IF FLYWITH IS A PARTY TO THE PROCEEDING.
(v) Notwithstanding any other provision in these Terms or the JAMS Rules, the arbitrator shall have no authority to hear class claims or claims asserted by class members or representatives, and shall have no authority to consolidate arbitration claims unless the parties agree otherwise.
(vi) Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's proprietary rights, or for matters related to data security or unauthorized access to the Services. Such actions shall be brought exclusively in the courts identified in Section 17.
(vii) Notwithstanding the agreement to arbitrate above, either party may bring an individual claim in a small claims court of competent jurisdiction, in lieu of arbitration, so long as the claim qualifies for and remains in small claims court and is brought solely on an individual basis and not as a class, collective, consolidated, or representative action.
(B) You and FlyWith agree to exclusively submit to the personal jurisdiction of the state and federal courts located in Delaware for any actions arising from or related to the arbitration.
(C) You may opt out of the arbitration provisions of this Section 18 by notifying FlyWith in writing within thirty (30) days of the date you first accessed the Services. To opt out, send written notice to legal@flywith.com, including: (i) your account name; (ii) your full name; (iii) your address; (iv) your email address; and (v) a statement that you wish to opt out. Opting out does not affect any other provision of these Terms. Your continued use of the Services after the opt-out period constitutes mutual acceptance of these arbitration provisions.
19. Mobile Application
If you download and use our App, the following terms apply in addition to the rest of these Terms. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the App on a mobile device owned or controlled by you. Any use beyond the scope of this license is prohibited.
The App may update automatically on your device when a new version becomes available. You are solely responsible for the security of information sent from or stored on your device through the App.
If you are a registered user, we may send push notifications and SMS/text messages to your device. You may manage notification preferences through your device settings.
20. Apple App Store Terms
The following terms apply when you access the App through the Apple App Store. These Apple-specific terms control in the event of conflict with the remainder of these Terms, solely with respect to your use of the App through the Apple App Store.
(a) These Terms are between you and FlyWith only, and not with Apple, Inc. ("Apple"). FlyWith, not Apple, is solely responsible for the App and its content. You acknowledge that these Terms are not in conflict with the Apple Media Services Terms and Conditions.
(b) Subject to these Terms, FlyWith grants you a non-transferable license to use the App on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. You may access and use the Services through other accounts associated with your Apple ID via Family Sharing or volume purchasing, to the extent permitted by Apple's then-current policies.
(c) FlyWith is solely responsible for maintenance and support of the App, as specified in these Terms or as required under applicable law. Apple has no such obligation.
(d) FlyWith is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed under these Terms. In the event of App failure to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be FlyWith's sole responsibility.
(e) FlyWith, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims arising in connection with the App's use of the HealthKit or HomeKit frameworks, if applicable. Nothing in these Terms limits FlyWith's liability to you beyond what is permitted by applicable law.
(f) You acknowledge and agree that, in the event of any third-party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, FlyWith, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
(g) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Questions or complaints about the App should be directed to:
FlyWith, Inc., legal@flywith.com
4630 S. Kirkman Rd. STE 354-17604, Orlando, FL 32811, USA
(i) You must comply with all applicable third-party terms of service when using the App. By way of example, if the App includes or interacts with a VoIP component, you must not be in violation of your wireless data service agreement when using such functionality.
(j) You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple will have the right — and will be deemed to have accepted the right — to enforce these Terms against you as a third-party beneficiary thereof.
21. Miscellaneous
(A) FlyWith operates and controls the Services from the United States. Users who access the Services from other locations do so on their own initiative and are responsible for compliance with local law.
(B) Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
(C) The section titles in these Terms are for convenience only and have no legal or contractual effect.
(D) If any provision of these Terms is unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
(E) We may assign these Terms at any time without notice or consent. You may not assign these Terms without our prior written consent.
(F) You agree that communications and transactions between you and FlyWith may be conducted electronically.
(G) FlyWith will not be responsible for any delay or failure to perform to the extent such delay or failure results from causes beyond its reasonable control.
(H) Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity, except as set forth in the Apple App Store Terms section (Apple and its subsidiaries are third-party beneficiaries of those terms).
(I) If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use such Feedback without restriction or obligation to you.
(J) Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from these Terms or the Services (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
(K) These Terms, together with any Additional Terms and other policies expressly incorporated by reference herein, constitute the entire agreement between you and FlyWith regarding your use of the Services and supersede all prior or contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, regarding the subject matter of these Terms.
22. Contact
If you have any questions or comments regarding the Services or these Terms, please contact us at legal@flywith.com.