Legal
Terms of Service
Draft pending attorney review. This document has not yet been reviewed by counsel.
Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the LiftX Aviation, Inc. website at liftxaviation.com (the "Site"), and apply in connection with all services provided by LiftX Aviation, Inc. ("LiftX," "we," "us," or "our"). By accessing the Site or engaging LiftX for any service, you ("Client" or "you") agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Site or our services. These Terms apply to all users, including aircraft owners, pilots, and charter clients.
1. Eligibility
You must be at least 18 years of age to use the Site or enter into any service agreement with LiftX. By using the Site, you represent and warrant that you meet this requirement and have the legal authority to enter into binding agreements. If you are using the Site on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.
2. Services and Signed Agreements
LiftX provides chartering, aircraft management, brokerage, and detailing services. All services are subject to a separately executed written agreement or accepted proposal that governs the specific scope, pricing, and terms of each engagement. If you have a signed agreement with LiftX, that agreement governs the services described in it and controls over these Terms in any conflict.
Information on this Site, including any pricing, availability, aircraft, or service description, is provided for general informational purposes and does not constitute an offer, a quote, a confirmed booking, or a commitment to perform. Submitting an inquiry through the Site does not create a booking or reserve any aircraft or service date. LiftX reserves the right to refuse service to any individual or entity at its sole discretion.
3. Air Charter Broker Status
LiftX Aviation, Inc. is an air charter broker. LiftX arranges flights operated by FAA-certificated Part 135 direct air carriers that retain exclusive operational control at all times. LiftX does not own or operate aircraft and is not a direct air carrier. Before you enter into a charter contract, LiftX provides the disclosures required of air charter brokers under 14 CFR Part 295.
4. Site Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You may not:
- Use the Site for any fraudulent, illegal, or unauthorized purpose
- Attempt to gain unauthorized access to any part of the Site or its related systems
- Reverse engineer, decompile, or disassemble any portion of the Site
- Upload or transmit malicious code, viruses, or harmful content
- Impersonate any person or entity or misrepresent your affiliation
- Use the Site to solicit LiftX clients for competing services
5. Payments and Billing
All service fees are set forth in the applicable proposal or written agreement. LiftX accepts payment by credit card, debit card, ACH/bank transfer, check, or cash. By providing payment information, you authorize LiftX to charge the amounts agreed upon for services rendered. All fees are in U.S. dollars. Invoices not paid within five (5) business days of the invoice date are subject to a late fee of one and one-half percent (1.5%) per month (18% annual percentage rate), or the maximum rate permitted by applicable law, whichever is less. LiftX reserves the right to suspend services for accounts with outstanding unpaid balances.
6. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, photographs, software, and the LiftX brand identity, is the exclusive property of LiftX Aviation, Inc. and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Site solely for your personal or business use in connection with LiftX services. You may not reproduce, distribute, or create derivative works from any Site content without prior written permission from LiftX.
7. Client-Submitted Content
By submitting photos, notes, or other content to LiftX through the Site or in connection with our services, you grant LiftX a non-exclusive, royalty-free license to use, store, and display such content solely for the purpose of providing services to you. You represent that you have all rights necessary to grant this license and that your content does not violate any third-party rights. LiftX will not use your content for marketing purposes without your prior written consent.
8. Privacy
Your use of the Site and our services is also governed by ourPrivacy Policy, available at liftxaviation.com, which describes how we collect, use, and protect your personal information.
9. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LIFTX DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LIFTX AVIATION, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIFTX'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO LIFTX UNDER THE APPLICABLE AGREEMENT DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
11. Indemnification
You agree to indemnify, defend, and hold harmless LiftX Aviation, Inc., its officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
12. Third-Party Links and Services
The Site may contain links to third-party websites or integrate with third-party services (such as the FAA registry or payment processors). LiftX is not responsible for the content, privacy practices, or terms of any third-party services. Your use of such services is at your own risk and subject to the applicable third-party terms.
13. Termination of Access
LiftX reserves the right to suspend or terminate your access to the Site at any time, with or without cause, and with or without notice. Upon termination, your right to use the Site ceases immediately. Provisions that by their nature should survive termination shall survive, including intellectual property, indemnification, and limitation of liability.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved in the courts of Shelby County, Tennessee. You consent to personal jurisdiction in such courts. The parties agree to attempt good-faith negotiation before pursuing formal legal action.
15. Changes to Terms
LiftX reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site with a revised effective date. Your continued use of the Site after such changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.
16. Contact Information
For questions about these Terms of Service, please contact:
LiftX Aviation, Inc.
legal@liftxaviation.com
(901) 308-7725