Last Updated: September 30, 2023
Welcome to the FlySolo mobile application ("FlySolo" or the "App"). These Terms of Use ("Terms") govern your use of FlySolo, provided by FlySolo LLC ("we", "our", or "us"). By accessing or using FlySolo, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing the App.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and enter into these terms electronically with the same force and effect as an agreement made in writing with a signature. If you disagree with any part of the terms then you do not have permission to access the Service.
we reserve the right at any time to change the terms, conditions, and notices under which the Services are offered, including but not limited to these Terms and Conditions. We will post such changes online. We recommend that you periodically review the terms and conditions on our website to stay informed of any updates.
DEFINITIONS
"User" refers to any individual who accesses, downloads, installs, or uses the FlySolo mobile application.
"Content" refers to any information, text, graphics, or other material uploaded, downloaded, or appearing on the FlySolo application.
ACCEPTANCE OF THE TERMS
By accessing, downloading, installing, or using the FlySolo mobile application, you represent that you have read and understood these Terms of Use. Your continued use of FlySolo signifies your acceptance of these Terms. If you do not agree to abide by and be bound by these Terms, you must stop using the App immediately.
CHANGE OF THE TERMS
FlySolo LLC reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time without prior notice. It is your responsibility to review these Terms periodically for updates. Changes will become effective immediately upon being posted in the App or on our official website. Your continued use of the FlySolo application after any changes are made signifies your acceptance of the updated terms. If you do not agree with the revised terms, you must stop using the App immediately.
ACCOUNT REGISTRATION AND MANAGEMENT
a. Age Restrictions: To register for an account with the FlySolo application, users must be 13 years of age or older. By creating an account, users affirm that they are at least 13 years old.
b. Creation: During the registration process, users may be required to provide certain personal information, which must be accurate, current, and complete. Users agree to keep this information updated should any changes occur.
c. Multiple Accounts: Users are permitted to create multiple accounts. However, each account is restricted to a single purchase. To make an additional purchase, users must register a new account.
d. Responsibility: Users are responsible for safeguarding their account information, including their password. Any activities or actions undertaken under a user's account are the responsibility of that user. If a user suspects any unauthorized use of their account or a breach of security, they must notify FlySolo LLC immediately.
e. Restrictions: Users may not use the name of another individual or entity or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another individual or entity other than the user, without appropriate authorization. Users also may not use a name that is offensive, vulgar, or obscene.
f. Account Deactivation/Deletion: Users can deactivate or delete their account at any time through the top menu in the FlySolo application. Once an account is deactivated or deleted, all associated data may be removed, and any remaining privileges or benefits linked to that account may be forfeited.
g. Non-Transferability: FlySolo accounts and any associated user rights or benefits are strictly non-transferable.
h. Termination: FlySolo LLC reserves the right to suspend or terminate accounts that are found to contain inaccurate information, or if the user has violated any provision of these Terms or engaged in illegal or harmful activities.
USER CONDUCT
Users of the FlySolo application are expected to maintain a standard of conduct that ensures a safe and respectful environment for all. In line with this, the following behaviors and content are expressly prohibited:
a. Adult Content: Users may not post, share, or distribute pornographic material, explicit content, or any other adult-themed content that is deemed inappropriate for users below 18 years of age.
b. Violent or Abusive Material: Content that promotes, endorses, or glorifies violence, self-harm, abuse, or any form of harm towards others or oneself is strictly prohibited. This includes, but is not limited to, content that may be threatening, harassing, or intimidating.
c. Illegal Activities: Users may not use the FlySolo application for any illegal or unauthorized purpose, nor may they post or share any content that violates laws in their jurisdiction.
d. Misrepresentation: Impersonating another user, providing false information, or misleading others in any way is not allowed.
e. Spamming and Phishing: Distributing unsolicited promotional material, advertisements, or any form of spam is prohibited. Attempting to acquire sensitive information such as passwords or personal details under false pretenses (phishing) is also strictly forbidden.
f. Hacking and Breaches: Users may not attempt to disrupt the app's technical infrastructure, including trying to breach any security measures, attempting to spread viruses or malware, or trying to burden the app's network infrastructure.
g. Hateful Content: Posting or sharing content that promotes hatred, discrimination, or harm towards any individual or group based on race, gender, religion, nationality, disability, sexual orientation, or age is not permitted.
h. Commercial Activities: Unless expressly permitted by FlySolo LLC, users may not engage in sales, distribution, or any commercial activities using the app.
i. Reporting: Users are encouraged to report any violations of these conduct guidelines to FlySolo LLC for appropriate action.
j. Copyrighted Content: Users may not post, share, or distribute any content that infringes on the intellectual property rights of others, including but not limited to copyrights, trademarks, patents, and trade secrets. All content uploaded or shared on the FlySolo application must be original, created by the user, or used with the appropriate permissions or licenses. Users are strictly prohibited from using copyrighted materials or any content owned by others without explicit authorization.
k. Content Disputes: Material shared or uploaded by users should be free from any disputes. If a user's content is found to be the subject of a dispute or if FlySolo LLC has reasonable grounds to believe that a user has violated any intellectual property rights, the content may be removed, and the user's account may face potential suspension or termination.
Any violation of the above guidelines may result in the immediate suspension or termination of the user's account without notice. FlySolo LLC reserves the right to take any necessary legal actions against users who violate these terms.
TERMINATION
a. By FlySolo LLC: FlySolo LLC reserves the right to suspend or terminate your access to the FlySolo application and its services for any reason, including but not limited to, unforeseen circumstances, technical difficulties, or violations of these Terms. In such cases, we may attempt to notify users in advance, but this may not always be possible depending on the situation.
b. By User: Users can terminate their use of the FlySolo application and deactivate their account at any time through the in-app settings. Once an account is deactivated or terminated, the user may lose access to any content, data, or features associated with their account.
c. Consequences: Upon termination by either party:
All rights granted to you under these Terms will immediately cease.
You may lose access to any content, data, or features associated with your account.
Unless stated otherwise in these Terms, FlySolo LLC is under no obligation to retain or provide access to any data or content associated with terminated accounts.
d. Survival: Any provisions in these Terms that, by their nature, should survive termination (including, but not limited to, ownership provisions, disclaimers, indemnity, and limitations of liability) will continue to remain in effect post-termination.
INTELLECTUAL PROPERTY
a. Ownership: The FlySolo mobile application, including its entire contents, features, and functionality (such as software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, and the unique audio clip sequence system) is the property of FlySolo LLC and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b. Trademarks: The FlySolo name, the FlySolo logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FlySolo LLC or its affiliates or licensors. Users may not use such marks without the prior written permission of FlySolo LLC.
c. User Content: If users contribute, upload, or post content to the FlySolo app, they retain their original rights to that content. However, by uploading or contributing content, users grant FlySolo LLC a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content in connection with the FlySolo app and FlySolo LLC's business. This license is primarily to allow FlySolo to publish and deliver users' content in the app format, as the user originally intends.
d. Restrictions: Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the FlySolo app, except as it is expressly permitted by these Terms or with the direct written consent of FlySolo LLC.
DISCLAIMERS
a. "As Is" Basis: The FlySolo mobile application is provided "as is" and "as available," without any representations or warranties of any kind, either express or implied. FlySolo LLC expressly disclaims all warranties, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
b. No Guarantees: FlySolo LLC does not guarantee or warrant that the app will be uninterrupted, timely, secure, or free from errors or that any defects in the app will be corrected. Furthermore, FlySolo LLC makes no guarantee regarding the reliability, accuracy, or quality of any content provided or generated by the app.
c. External Links: The FlySolo app may contain links to external sites or services that are not operated by FlySolo LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. Engaging with these external sites or services is at the user's own risk.
d. Limitation on Connectivity: Users acknowledge that the app's functioning may be subject to the limitations, delays, and other problems inherent in the use of the internet and electronic communications. FlySolo LLC is not responsible for any delays, failures, or damages resulting from such problems.
LIMITATION OF LIABILITY
a. General: To the fullest extent permitted by applicable law, in no event shall FlySolo LLC, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the FlySolo mobile application, its services, or these Terms.
b. Direct Damages: In the event that FlySolo LLC is found to be liable for any damages directly related to the app or its services, our aggregate liability shall not exceed the amount paid by the user for the service in question in the last three months prior to the event giving rise to the liability.
c. Unforeseen Issues: Users acknowledge and agree that FlySolo LLC provides the app on an "as is" basis and that the app's functionality may be affected by various unforeseen factors, including but not limited to technical failures, delays, and other issues beyond our control. FlySolo LLC is not responsible for any damages or losses resulting from such problems.
d. Exclusions: Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In such jurisdictions, FlySolo LLC's liability shall be limited to the greatest extent permitted by law.
DISPUTE RESOLUTION
a. Mutual Efforts: In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties hereto shall first attempt in good faith to resolve the dispute through mutual discussion.
b. Arbitration: If the dispute cannot be resolved through mutual discussion, the parties agree to resolve any such dispute by binding arbitration. The arbitration will be conducted in The City of Los Angeles, in the state of California, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses and attorneys' fees.
c. Exceptions: Notwithstanding the above, either party may seek immediate injunctive relief from any court of competent jurisdiction if necessary to protect its rights.
GOVERNING LAW
These Terms and any dispute arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of the state of California, United States, without regard to its conflict of laws principles.
PRIVACY
Your privacy is of utmost importance to us. While we collect user data primarily for account creation and maintenance, we ensure that all data remains private and is managed with the highest standards of security.
All information we collect through the FlySolo application is subject to our Privacy Policy. By using the FlySolo application, you give explicit consent to all actions we take with respect to your information in compliance with our Privacy Policy. We use the collected data to:
Create and maintain your account.
Ensure a personalized user experience.
Maintain the security and integrity of our services.
We do not share or sell your data to third parties for marketing or advertising purposes. All data is stored securely, and we implement a range of measures to protect against unauthorized access, alteration, or disclosure.
We strongly recommend that you review our Privacy Policy to fully understand how we collect, use, and share your data.
MISCELLANEOUS
a. Waiver: Any failure by FlySolo LLC to enforce any right or provision of these Terms will not be considered a waiver of those rights.
b. Entire Agreement: These Terms constitute the entire agreement between FlySolo LLC and the user and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms.
c. Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
d. No Third-Party Beneficiaries: These Terms are for the benefit of FlySolo LLC and the user. They are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by FlySolo LLC or the user.
CONTACT INFORMATION
If you have any questions, concerns, or feedback regarding these Terms of Use, please contact us via email at flysolo (at) gavinkwon (dot) com.