FlyTopPilot Customer Terms and Conditions (v10.02.2020)

In these FlyTopPilot, LLC Customer Terms and Conditions (the “Agreement”) between you and FlyTopPilot, LLC (“FlyTopPilot”), you’ll find important information about your use of FlyTopPilot.

The following Agreement is a legally binding agreement that governs the relationship between FlyTopPilot (“we,” “us,” or “our”), (as well as our subsidiaries and affiliates) and our users in connection with the use of the FlyTopPilot Devices and Services.

THIS AGREEMENT APPLIES TO PERSONAL, RECREATIONAL, NON-COMMERCIAL PURCHASERS OF FLYTOPPILOT DEVICES AND SERVICES.

PLEASE READ THESE LEGAL NOTICES CAREFULLY. BY USING FLYTOPPILOT, YOU ACCEPT ALL TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT, INCLUDING ANY LEGAL AGREEMENTS AND TERMS AND CONDITIONS WHICH HAVE BEEN INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE FLYTOPPILOT OR ANY RELATED SOFTWARE.

BY CLICKING ON THE “I AGREE” BUTTON, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE CUSTOMER TERMS AND CONDITIONS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FLYTOPPILOT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS PERSONALLY. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED YOUR DEVICE.

1.0 YOU UNDERSTAND AND AGREE THAT:

1.1 Agreement. This Agreement, together with the FlyTopPilot Privacy Policy, sets forth the terms of use of FlyTopPilot.

1.2 Changes. PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY FLYTOPPILOT IN ITS SOLE DISCRETION AT ANY TIME. FlyTopPilot will post notice of any such changes at www.flytoppilot.com/terms.

1.3 Personal Use. Use of FlyTopPilot is for personal, recreational, non-commercial use only. You may not sell, rent, lease or otherwise charge for the FlyTopPilot or any information or services associated with or derived from FlyTopPilot.

2.0 PAYMENT
2.1 You agree to pay all applicable fees associated with your use of FlyTopPilot.

2.2 Taxes and Fees. Your FlyTopPilot Fee does not include all sales, usage, excise, ad valorem, goods and services, harmonized sales, property or any other taxes now or

hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the use of FlyTopPilot. You are required to pay these taxes not already collected for you by FlyTopPilot and these taxes may be added to the final price charged to you in your bill.

2.3 FlyTopPilot Fees. Fees may change based on business needs and are maintained on the FlyTopPilot website.

3.0 DISCLAIMER OF WARRANTIES

3.1 DISCLAIMER OF WARRANTY AND LIABILITY FOR THE FLYTOPPILOT SERVICES, SOFTWARE, AND WEBSITES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FLYTOPPILOT AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLYTOPPILOT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLYTOPPILOT MAKES NO WARRANTIES OR GUARANTEES RESPECTING ANY HARM THAT MAY BE CAUSED BY USE OF FLYTOPPILOT.

4.0 LIMITATION OF LIABILITY

4.1 TO THE FULLEST EXTENT PERMITTED BY LAW, FLYTOPPILOT AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY, SICKNESS OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF OPPORTUNITY OR LOSS OF ANTICIPATED SAVINGS WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF FLYTOPPILOT. FLYTOPPILOT’S DIRECT DAMAGES ARE LIMITED TO THE AMOUNT YOU PAY FOR THE USE OF FLYTOPPILOT.

5. INDEMNITY

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless FlyTopPilot and its affiliates, licensors, service providers and suppliers their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages,

costs and expenses (including reasonable attorney’s fees) arising out of or in connection with your unauthorized use of any FlyTopPilot.

6. Intellectual Property.

FlyTopPilot retains ownership of all Intellectual Property Right in the hardware and software used to provide the FlyTopPilot services.

7. GENERAL

7.1 Governing Law.

ALL LEGAL ISSUES ARISING FROM OR RELATED TO THE USE OF FLYTOPPILOT AND/OR ANY RELATED SOFTWARE WILL BE CONSTRUED IN ACCORDANCE WITH AND DETERMINED BY THE LAWS OF THE STATE OF GEORGIA. YOU AGREE THAT THE EXCLUSIVE FORUM FOR ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF YOUR USE OF THE FLYTOPPILOT DEVICES OR SERVICES OR ANY RELATED SOFTWARE IS THE STATE COURT IN DEKALB COUNTY, GA.

7.2 Entire Agreement. This Agreement constitutes the entire agreement between you and FlyTopPilot with respect to the subject matter hereof. Any headings are provided for convenience only.

7.3 No Waiver, Survival. The failure of FlyTopPilot to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to FlyTopPilot are cumulative and not alternate. If any provision of this Agreement is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Agreement, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.

7.4 Assignment. You may not assign, subcontract or otherwise transfer this Agreement or any of your rights or obligations hereunder, but FlyTopPilot may assign this Agreement and any of its rights and obligations hereunder. This Agreement inures to the benefit of and is binding on the parties’ respective successors and permitted assigns.

7.5 Best Use. FlyTopPilot will make its best effort to provide the user with the appropriate experience requested. FlyTopPilot is not liable for issues associated with the software or hardware.

7.6 How to Contact Us

If you have questions about this Agreement, please contact us by email at help@flytoppilot.com using the subject line “TERMS OF USE.” You also may write to us at: FlyTopPilot LLC, Attn: Privacy, 1954 Airport Road, Suite 113A, Chamblee, GA 30341.