Terms of Service

1. Use of Service

You agree to use the Service only for lawful purposes and in compliance with these Terms, applicable laws, and FAA regulations. You acknowledge that the Service is a tool designed to assist in the implementation and maintenance of a Safety Management System (SMS) as required under 14 CFR Part 5, but it does not itself constitute or guarantee regulatory compliance. By accepting these Terms, you represent and warrant that you have authority to bind the organization and its authorized users to these Terms.

2. User Responsibilities

Users are solely responsible for maintaining compliance with all applicable regulations and standards, including but not limited to FAA requirements under Part 5. Use of the Service does not relieve the user of any legal or regulatory obligations. You must maintain independent records and backups of all required documents and safety data.

3. No Legal or Regulatory Advice

4. Service Availability and Downtime

We strive to maintain the availability of the Service but do not guarantee uninterrupted access. Temporary outages may occur for maintenance, upgrades, or beyond our control. Downtime does not suspend or relieve users of compliance obligations or payment requirements.

5. Data and Backup Responsibility

While Clear Approach Safety, LLC employs commercially reasonable efforts to secure and maintain data integrity, it remains the customer’s responsibility to maintain independent backups and copies of all safety records and documents required for compliance.

6. Limitation of Liability

In no event shall Clear Approach Safety, LLC, its officers, employees, contractors, or affiliates be liable for any indirect, incidental, consequential, punitive, or regulatory damages, including, without limitation, loss of certification, business interruption, enforcement action, or loss of data, arising out of or in connection with the use or inability to use the Service. Our total liability for any claim shall not exceed the total amount paid by the user to Clear Approach Safety, LLC in the twelve (12) months preceding the claim.

7. Disclaimer of Warranties

The Service is provided “as is” and “as available” without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or compliance with any legal or regulatory standard.

8. Indemnification

You agree to indemnify, defend, and hold harmless Clear Approach Safety, LLC and its affiliates, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, or expenses (including attorney’s fees) arising from your use of the Service, your violation of these Terms, or your failure to maintain regulatory compliance.

9. Subscription Fees and Payment

Access to the Service requires payment of subscription fees as outlined on our website or in your service agreement. All fees are non-refundable except as required by law. We reserve the right to modify pricing with reasonable notice. Fees may be waived under a separate written Mission Partner or sponsored license agreement; however, all other provisions of these Terms remain in full effect.

10. Termination

We may suspend or terminate access to the Service at any time for violations of these Terms or misuse of the platform. Upon termination, all provisions that by their nature should survive termination, including warranty disclaimers, indemnity, and limitations of liability, will continue in effect.

11. Intellectual Property

All intellectual property rights in the Service, including content, software, trademarks, and design elements, are owned by Clear Approach Safety, LLC. You are granted a limited, non-transferable, non-exclusive license to use the Service for your internal business operations only.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in Hillsborough County, Florida, under the rules of the American Arbitration Association. Each party shall bear its own legal costs unless otherwise required by law or awarded by the arbitrator.

13. Changes to These Terms

Clear Approach Safety, LLC reserves the right to modify these Terms at any time. Changes will become effective upon posting to our website. Continued use of the Service after such modifications constitutes acceptance of the updated Terms.

14. Contact Information