Terms and Conditions of Service

1. Acceptance of Terms

These Terms and Conditions of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Hangarly, Inc., a Tennessee corporation ("Hangarly," "Company," "we," "us," or "our"), governing your access to and use of the Hangarly platform, including the website located at https://hangarly.io, all related applications, and any associated services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the revised Terms on the Service and updating the "Effective Date" above. Your continued use of the Service following any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Eligibility

You must be at least eighteen (18) years of age to create an account and use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization (such as an airport, fixed-base operator, or municipality), you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@hangarly.io if you become aware of any unauthorized use of your account or any other breach of security.

Authentication services are provided through industry-standard third-party identity management providers. By using the Service, you acknowledge and agree that your authentication data is processed by such third-party providers in accordance with their respective terms of service and privacy policies. We are not responsible for the acts or omissions of third-party authentication providers, though we exercise commercially reasonable diligence in selecting and monitoring such providers.

4. Description of Service

Hangarly is a software-as-a-service ("SaaS") platform designed to facilitate hangar management operations at airports. The Service may include, but is not limited to, features such as aircraft registration lookup, hangar tenant management, maintenance ticketing, lease tracking, and related operational tools.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

5. Subscription and Payment

5.1 Subscription Plans. Access to the Service requires a paid monthly subscription. Details regarding available plans and pricing are set forth on the Service or otherwise communicated to you at the time of purchase.

5.2 Billing and Renewal. Subscriptions are billed on a monthly recurring basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel prior to the renewal date. You authorize us to charge your designated payment method for all applicable fees.

5.3 Price Changes.We may change subscription fees at any time. We will provide you with at least thirty (30) days' prior written notice of any fee increase. Your continued use of the Service after the effective date of the fee change constitutes your acceptance of the new fees.

5.4 Refunds. All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.

5.5 Taxes.All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for all such taxes, excluding taxes based on Hangarly's net income.

6. User Data and Content

6.1 Your Data.You retain all right, title, and interest in and to any data, information, or content that you submit, upload, or otherwise make available through the Service ("User Data"). You grant Hangarly a non-exclusive, worldwide, royalty-free, sublicensable license to use, process, store, reproduce, and create derivative works of your User Data for the purposes of (a) providing and improving the Service, (b) generating Aggregated Data (as defined below), and (c) complying with applicable laws and regulations.

6.2 Aggregated and De-Identified Data.Notwithstanding Section 6.1, Hangarly shall own all right, title, and interest in and to any data that is aggregated, anonymized, or de-identified such that it does not identify, and cannot reasonably be used to identify, any individual, specific tenant, or specific User ("Aggregated Data"). Aggregated Data may include, but is not limited to, hangar occupancy rates, aircraft type distributions, lease compliance statistics, utilization metrics, and other operational analytics derived from User Data. Hangarly may use, publish, share, and commercialize Aggregated Data for any lawful purpose without restriction, including but not limited to: (a) providing data to government agencies and regulatory bodies, including the Federal Aviation Administration (FAA), via application programming interfaces (APIs) or other means; (b) industry benchmarking, research, and reporting; (c) improving and developing the Service and related products; and (d) any other lawful business purpose. For the avoidance of doubt, Aggregated Data shall not contain any personally identifiable information ("PII") or information that could reasonably be used to identify any individual or specific User.

6.3 Data Storage and Security. User Data is stored using industry-standard third-party cloud infrastructure and database providers. Data is encrypted at rest, and access to data is controlled through row-level security policies and service-role access controls between the application and the database. While we implement commercially reasonable security measures, including defense-in-depth strategies, no method of electronic transmission or storage is completely secure. We cannot guarantee the absolute security of your User Data.

6.4 Data Retention and Regulatory Compliance.You acknowledge that certain data processed through the Service, including but not limited to airport lease records, may be subject to mandatory data retention requirements under applicable federal, state, or local laws and regulations. Because Hangarly serves users across multiple jurisdictions, data retention periods for lease-related records may vary based on each state's real estate record-keeping requirements. You are solely responsible for understanding and complying with the data retention laws applicable to your jurisdiction and operations. Hangarly will cooperate in good faith to support your compliance obligations, but Hangarly does not provide legal advice regarding data retention requirements.

6.5 Personal Information. To the extent that User Data includes PII, you represent and warrant that you have obtained all necessary consents and authorizations to provide such information to Hangarly and for Hangarly to process it in accordance with these Terms and our Privacy Policy, including the creation of Aggregated Data as described in Section 6.2. You acknowledge that data retention requirements applicable to lease records may require the retention of PII beyond what would otherwise be required, and you accept responsibility for informing affected individuals of such retention obligations.

7. Acceptable Use

You agree not to use the Service to: (a) violate any applicable law, regulation, or ordinance; (b) infringe upon or violate the intellectual property rights or privacy rights of any third party; (c) upload, transmit, or distribute any viruses, malware, or other harmful code; (d) interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure; (e) attempt to gain unauthorized access to the Service, other user accounts, or any related systems or networks; (f) use the Service for any purpose other than its intended use in hangar and airport operations management; (g) resell, sublicense, or otherwise commercially exploit the Service without our prior written consent; or (h) use automated scripts, bots, or scrapers to access the Service without our prior written consent.

We reserve the right to suspend or terminate your account if we reasonably determine that you have violated this Section.

8. Intellectual Property

8.1 Hangarly's Intellectual Property.The Service, including all software, code, design, text, graphics, logos, trademarks, and other content provided by Hangarly (collectively, "Hangarly IP"), is owned by or licensed to Hangarly and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Hangarly IP except for the limited right to access and use the Service in accordance with these Terms.

8.2 Feedback.If you provide any suggestions, ideas, or feedback regarding the Service ("Feedback"), you hereby assign to Hangarly all right, title, and interest in such Feedback. Hangarly shall be free to use, disclose, reproduce, and otherwise exploit such Feedback without restriction or obligation to you.

8.3 Customer Logo and Identification. By creating an account and using the Service, you grant Hangarly a non-exclusive, royalty-free, worldwide license to use your name, logo, and trademarks solely for the purpose of identifying you as a customer of Hangarly on the Hangarly website, in marketing materials, in customer lists, and in promotional content. Hangarly will use your logo in a manner consistent with any reasonable trademark usage guidelines you provide to us in writing. You may revoke this license at any time by providing written notice to support@hangarly.io, and Hangarly will remove your name and logo from its marketing materials within thirty (30) days of receiving such notice.

9. Third-Party Services

The Service integrates with and relies upon industry-standard third-party service providers for functions including, but not limited to, user authentication, database management, data storage, and other operational capabilities. Your use of the Service is also subject to the terms of service and privacy policies of such third-party providers to the extent applicable.

Hangarly is not responsible for the availability, accuracy, or reliability of any third-party services. In the event that a third-party service becomes unavailable or experiences a disruption, Hangarly shall not be liable for any resulting interruption of the Service, but will use commercially reasonable efforts to restore functionality.

10. Service Availability

THE SERVICE IS PROVIDED ON AN "AS AVAILABLE" BASIS. HANGARLY DOES NOT GUARANTEE ANY SPECIFIC LEVEL OF UPTIME OR AVAILABILITY AND DOES NOT OFFER A SERVICE LEVEL AGREEMENT ("SLA"). We will use commercially reasonable efforts to maintain the availability of the Service, but we shall not be liable for any downtime, interruptions, or performance issues, whether scheduled or unscheduled.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HANGARLY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Hangarly does not warrant or make any representations regarding the accuracy, reliability, or completeness of any data obtained through the Service, including but not limited to aircraft registration data sourced from the Federal Aviation Administration (FAA) or other public databases. Such data is provided for informational purposes only, and you are responsible for independently verifying any information upon which you intend to rely.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HANGARLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF HANGARLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HANGARLY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO HANGARLY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Hangarly, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any rights of a third party; or (e) any User Data that you submit, upload, or otherwise make available through the Service, including any failure to comply with applicable data retention requirements.

14. Term and Termination

14.1 Term. These Terms commence on the date you first access or use the Service and continue until terminated in accordance with this Section.

14.2 Termination by You. You may terminate your account at any time by canceling your subscription through the Service or by contacting us at support@hangarly.io. Termination will be effective at the end of your current billing cycle. No refunds will be issued for any unused portion of a billing cycle.

14.3 Termination by Hangarly. We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Without limiting the foregoing, we may terminate your account immediately if we reasonably believe that you have violated these Terms.

14.4 Effect of Termination. Upon termination, your right to access and use the Service will immediately cease. We may, but are not obligated to, retain your User Data for a commercially reasonable period following termination to permit you to retrieve your data, subject to any applicable legal retention requirements. After such period, we may delete your User Data in accordance with our standard data retention practices, except to the extent that retention is required by applicable law. Sections 6, 8, 11, 12, 13, 15, 16, 17, and 18 shall survive any termination or expiration of these Terms.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in the State of Tennessee, and you hereby consent to the personal jurisdiction of such courts and waive any objection to venue therein.

16. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HANGARLY EACH AGREE THAT ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, BOTH YOU AND HANGARLY WAIVE ANY RIGHT TO A JURY TRIAL.

17. Miscellaneous

17.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Hangarly with respect to the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

17.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver. The failure of Hangarly to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Hangarly. Hangarly may assign these Terms without restriction.

17.5 Force Majeure. Hangarly shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or the failure of third-party service providers.

17.6 Notices. All notices to Hangarly under these Terms shall be sent to support@hangarly.io. Notices to you may be provided via the email address associated with your account or through the Service.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Hangarly, Inc.
Email: support@hangarly.io
Website: https://hangarly.io