Last Updated: November 26th, 2025
This End-User License Agreement, Pre-Purchase, and Beta Participation Terms ("Agreement") is a binding legal agreement between you ("User," "Customer," or "You") and FlightSage, Inc., a Delaware Corporation ("Company," "We," "Us," or "FlightSage").
This Agreement governs your pre-purchase of, and future access to, the FlightSage software application, including web, mobile, and desktop versions (collectively, the "App" or "Service").
IMPORTANT NOTICE – PLEASE READ CAREFULLY:
BY CLICKING "I AGREE," MAKING A PRE-PURCHASE PAYMENT, OR ACCESSING ANY PART OF THE SYSTEM, YOU ACKNOWLEDGE AND AGREE THAT:
- DEVELOPMENT STATUS: THE APP, AS A WHOLE OR IN PART, IS CURRENTLY IN DEVELOPMENT. PORTIONS OF THE APP MAY BE UNAVAILABLE, INCOMPLETE, OR UNSTABLE. EVEN AFTER INITIAL RELEASE, NEW FEATURES AND FUNCTIONALITY MAY BE IN DEVELOPMENT ON A ROLLING BASIS.
- PRE-PURCHASES: UNTIL THE INITIAL RELEASE, OR SUBSEQUENT RELEASES, YOU ARE PRE-PURCHASING A LICENSE TO A FUTURE PRODUCT TO RESERVE YOUR STATUS AS AN EARLY ADOPTER AND SUPPORT ITS FINAL DEVELOPMENT. THIS IS NOT AN INVESTMENT CONTRACT OR EQUITY PURCHASE AND COMES WITHOUT ANY RIGHTS EXCEPT AS STATE HEREIN.
- BETA PARTICIPATION: IF YOU ARE GRANTED ACCESS TO THE APP BEFORE THE OFFICIAL MVP LAUNCH, AND BEFORE LAUNCHES OF FUTURE VERSIONS, YOU ARE ACTING AS A VOLUNTEER BETA TESTER WITH NO RIGHTS EXCEPT AS INCLUDED HEREIN, AND WITH NO COMPENSATION.
- RISK ASSUMPTION: THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY. YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SOFTWARE, INCLUDING PRE-RELEASE VERSIONS.
1. PRE-PURCHASE & DEVELOPMENT FUNDING
1.1 Purpose of Pre-Purchase. You acknowledge that the App, or portions thereof, is currently in developmental. The primary purpose of your payment is to reserve your status as an early adopter, with proceeds going to FlightSage to support the completion of the Minimum Viable Product ("MVP").
1.2 Not a Final Product. You understand that you are not purchasing a finished, "off-the-shelf" product. The App, or portions of the App at any given time, may still be in development, unstable, not yet available, or lack features described in preliminary marketing materials.
1.3 Development Roadmap & Delays. FlightSage estimates that the MVP version of the App will be available around January 5th, 2026. However, this is a target date only. You acknowledge that software development is inherently uncertain. FlightSage does not guarantee a specific release date or that the final product will match current descriptions exactly. Features may be added, modified, or removed during the development process.
2. BETA TESTER TERMS
2.1 Classification. If you are granted access to the App prior to the initial commercial public release (the "Beta Phase"), or early access for future releases, you are considered a "Beta Tester."
2.2 No Compensation. You agree that your participation as a Beta Tester is voluntary and does not create an employment, agency, or partnership relationship with FlightSage. You are not entitled to any intellectual property, compensation, wages, or benefits for your time testing the App or providing feedback.
2.3 Purpose of Beta Access. The sole advantage provided to Beta Testers is early access to value-added features and the opportunity to shape the product development. You acknowledge that the Beta version may contain bugs, errors, and may cause data loss.
2.4 Feedback and IP Rights. You agree that any feedback, analysis, suggestions, or comments you provide regarding the App ("Feedback") becomes the sole and exclusive property of FlightSage. You hereby assign to FlightSage all right, title, and interest in and to such Feedback. You are not entitled to any ownership rights, revenue share, or attribution for features implemented based on your Feedback.
3. GRANT OF LICENSE
3.1 License Grant. Subject to your compliance with this Agreement and full payment of the pre-purchase price, FlightSage grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the App once it is made available by the Company.
3.2 Scope of Use. This license is for your internal, personal, or commercial use (as specified in your purchase tier) only. The App is licensed, not sold, to you.
3.3 Restrictions. You strictly agree NOT to:
- (a) Sublicense, resell, lease, or distribute access to the App to any third party;
- (b) Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
- (c) Modify, adapt, improve, enhance, translate, or create derivative works from the App;
- (d) Use the App to build a competitive product or service, or copy any ideas, features, functions, or graphics of the App;
- (e) Use the App for any purpose other than its intended use as a SaaS platform.
4. USER RESPONSIBILITIES, LAWS & CODE OF CONDUCT
4.1 Compliance with Laws. You represent and warrant that your use of the App will comply with all applicable local, state, national, and international laws and regulations (including, without limitation, privacy laws and export control laws). You assume full responsibility for ensuring that your specific use of the App does not violate any law applicable to you.
4.2 Common Sense & Good Faith. You agree to use the App with good judgment and common sense. You acknowledge that the App is a tool, and you remain responsible for the consequences of your actions while using the tool.
4.3 Prohibited Conduct. You agree not to use the App to:
- (a) Harass, abuse, defame, stalk, or threaten others;
- (b) Transmit any viruses, malware, or harmful code;
- (c) Engage in fraud or misrepresentation;
- (d) Infringe upon the intellectual property or privacy rights of others;
- (e) Upload content that is unlawful, obscene, or hateful.
4.4 Account Security. You are responsible for maintaining the confidentiality of your login credentials. You accept responsibility for all activities that occur under your account.
5. FEES, PAYMENTS, AND REFUNDS
5.1 Pre-Purchase Non-Refundable. Due to the nature of this transaction as a funding mechanism for development, pre-purchase payments are non-refundable, except as strictly required by applicable consumer protection laws. You acknowledge that funds are being immediately utilized for development costs and may not be recoverable.
5.2 Failure to Deliver. If FlightSage ceases operations or determines, in its sole discretion, that the App cannot be completed, FlightSage will make a good faith effort to provide a pro-rata refund of remaining funds, but makes no guarantee that full refunds will be available.
6. SERVICE AVAILABILITY & DATA
6.1 Alpha/Beta Availability. During the development, Alpha, and Beta phases, there is NO guarantee of uptime or availability. The system may be offline for extended periods for updates, and FlightSage may wipe or reset data during these phases without liability.
6.2 Data Privacy. FlightSage may collect and process technical data and User Personal Data in accordance with the FlightSage Privacy Policy.
6.3 Data Ownership. You own your User Content. However, FlightSage owns all aggregated, anonymized data derived from your use of the Service, which may be used to improve the App, train algorithms, or for marketing purposes.
7. DISCLAIMERS
7.1 "AS-IS" AND "AS-AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP (INCLUDING ANY PRE-PURCHASE, ALPHA, OR BETA VERSIONS) IS PROVIDED "AS IS" AND "WITH ALL FAULTS." FLIGHTSAGE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 DEVELOPMENT RISK. YOU ACKNOWLEDGE THAT SOFTWARE DEVELOPMENT IS UNCERTAIN. FLIGHTSAGE DOES NOT WARRANT THAT THE APP WILL BE COMPLETED, THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE FREE FROM BUGS, ERRORS, OR INTERRUPTIONS.
8. LIMITATION OF LIABILITY
8.1 NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FLIGHTSAGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY ARISING OUT OF OR RELATED TO THIS AGREEMENT.
8.2 LIABILITY CAP. IN NO EVENT SHALL FLIGHTSAGE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO FLIGHTSAGE FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. TERM AND TERMINATION
9.1 Termination. FlightSage may terminate your license immediately without notice if you breach any term of this Agreement. You may terminate this agreement by ceasing use of the App.
9.2 Effect of Termination. Upon termination, you must cease all use of the App. FlightSage reserves the right to delete your data 15 days after termination.
10. GENERAL PROVISIONS
10.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Delaware. Any disputes shall be resolved in the courts located within the Sate of Delaware.
10.2 Severability. If any provision of this Agreement is held to be unenforceable, the remaining provisions shall remain in full force.
10.3 Entire Agreement. This Agreement constitutes the entire agreement between you and FlightSage, Inc. regarding the subject matter hereof.
BY CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THE RISKS OF PRE-PURCHASING A DEVELOPING PRODUCT, AGREE TO THE BETA TESTER TERMS, AND AGREE TO BE BOUND BY THESE TERMS.