Terms of Service

1.1 Acceptance.

By accessing, registering for, or using the Volo platform, applications, and related services (collectively, the "Platform"), you agree to be legally bound by this Agreement. This Agreement incorporates by reference all policies, guidelines, and notices presented to you within the Platform interface.

1.2 Eligibility.

If you create or administer an account for a flight school, charter operator, or independent flight instructor practice (an "Organization"), or accept this Agreement on an Organization's behalf, you represent that you are at least 18 years of age (or the legal age of majority in your jurisdiction, if higher), that you have the legal capacity to enter into a binding agreement, and that you are authorized to bind the Organization.

1.3 Students and Clients Under 18.

Students and clients who train with an Organization may be under 18. A person under 18 may use the Platform only through an account provided by an Organization, and the Organization is responsible for obtaining any consent from a parent or legal guardian that applicable law requires before that person uses the Platform. Volo processes the personal information of users under 18 only as needed to provide flight training services to the Organization and as permitted by applicable law.

2.1 Provision of Services.

Volo grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform strictly for its intended purpose—flight training management, tracking, and educational administration—in accordance with these terms.

2.2 Acceptable Use.

You agree not to: (a) misuse the Platform or attempt to bypass any security measures; (b) reverse engineer, decompile, or disassemble the Platform; (c) upload malicious code or content.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VOLO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

4.1 Consequential Damages Waiver.

To the fullest extent permitted by law, Volo, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or reputational harm, arising out of or in connection with your use of the Platform.

4.2 Aggregate Liability Cap.

Subject to the mandatory carve-outs in Section 4.3, Volo's total, aggregate liability arising out of or relating to this Agreement shall not exceed the greater of (a) the total amount of fees paid by you to Volo in the twelve (12) months preceding the event giving rise to the claim, or (b) five hundred U.S. dollars ($500.00).

4.3 Statutory and Public Policy Carve-Outs (CC § 1668).

Nothing in this Agreement shall limit or exclude Volo's liability for: fraud or fraudulent misrepresentation; willful injury; any violation of law; Volo's intentional or grossly negligent failure to maintain security of User Data resulting in a confirmed Data Breach; or any other liability that cannot be excluded by applicable law.

All rights, title, and interest in and to the Platform, including all intellectual property rights, are and will remain the exclusive property of Volo and its licensors. You retain ownership of any data or content you submit to the Platform ("User Data"), but you grant Volo a worldwide, royalty-free, non-exclusive license to host, copy, process, and display such data strictly as necessary to provide the Services.

6.1 Service Provider Classification.

Volo acts strictly as a "Service Provider" under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA).

6.2 Statutory Processing Prohibitions.

Pursuant to 11 CCR § 7051, Volo is expressly prohibited from: selling or sharing personal information; retaining, using, or disclosing personal information outside of the direct business relationship; combining personal information from different sources; processing data for any purpose other than providing the flight training software capabilities. Volo's engagement of subprocessors under Section 6.4 to deliver the Services forms part of the direct business relationship and of providing those Services, and is not a disclosure prohibited by this Section. Each such subprocessor is bound by data protection obligations no less protective than those in this Agreement and is identified at voloops.com/subprocessors.

6.3 Compliance and Audit Rights.

Volo shall process personal information only to the extent necessary to provide the Services and in compliance with the CCPA/CPRA. Volo agrees to notify the User if it can no longer meet its obligations, grant audit rights at least once every twelve months, and allow remediation of unauthorized use upon written notice.

6.4 Subprocessors.

Volo may engage third-party subprocessors to assist in providing the Services, with data protection obligations no less protective than those in this Agreement. Volo maintains a current list of its subprocessors at voloops.com/subprocessors. Volo will provide at least thirty (30) days' advance notice, by email to the administrator contact on the account, before a new subprocessor begins processing personal data. If the User objects on reasonable data protection grounds within that period, Volo will work with the User to find an alternative; if none is available, the User may terminate the affected portion of the Services without penalty for the remainder of the then-current term.

7.1 Industry-Standard Security.

Volo shall maintain administrative, physical, and technical safeguards engineered to protect the security, confidentiality, and integrity of User Data. These safeguards shall align with objective external frameworks, specifically the NIST Cybersecurity Framework or ISO/IEC 27001 standards.

8.1 Strict Transactional Scope of Arbitration.

Any dispute arising strictly and directly out of the use, payment, or provision of the specific Volo Platform services shall be resolved by binding, individual arbitration administered by the American Arbitration Association (AAA). For disputes with total claimed damages not exceeding US $10,000, the arbitration shall be conducted on the basis of written submissions only.

Class Action Waiver.

You and Volo agree that each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Small Claims Court Carveout.

Either party may elect to bring an individual claim in a small claims court of competent jurisdiction.

Opt-Out Right.

You may opt out of this Arbitration Agreement by sending written notice to operations@voloops.com within thirty (30) days of the date you first accept this Agreement.

Informal Resolution First.

Before initiating arbitration, the parties agree to attempt to resolve any dispute informally by contacting Volo at operations@voloops.com. Volo will attempt to address the concern within thirty (30) days.

User Indemnification. You agree to indemnify, defend, and hold harmless Volo from and against any third-party claims arising out of your violation of this Agreement, your violation of applicable laws, or your User Data.

Volo Indemnification. Volo agrees to indemnify, defend, and hold harmless you from and against any third-party claims arising out of: infringement of any third-party intellectual property rights by the Platform; a confirmed Data Breach caused by Volo's gross negligence or willful misconduct; or Volo's other gross negligence or willful misconduct.

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control. A cyberattack shall qualify as a Force Majeure Event only if it was beyond what industry-standard security measures are designed to prevent. A Force Majeure Event shall not excuse Volo from its data security obligations or mandatory Data Breach notification obligations.

Volo will notify affected Users without undue delay, and in no event later than thirty (30) calendar days following the discovery of a confirmed Data Breach, in accordance with California Civil Code § 1798.82. All breach notifications shall include: "What Happened?", "What Information Was Involved?", "What We Are Doing", and "What You Can Do."

Volo reserves the right to modify this Agreement at any time. For material changes, Volo will provide at least thirty (30) days' advance written notice. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the updated Agreement.

You may terminate your account at any time. Volo may suspend or terminate your access immediately for material breach. Upon termination, Volo will allow thirty (30) days to export User Data in a standard machine-readable format.

14.1 Presentation and Choice. Volo commits to presenting terms and privacy choices clearly and conspicuously.

14.2 Severability. If any provision is held invalid, the remaining provisions shall be enforced.

14.3 Governing Law. This Agreement shall be governed by the laws of the State of California.

14.4 Entire Agreement. This Agreement constitutes the entire agreement between you and Volo regarding the use of the Platform.

14.5 Notices. All legal notices to Volo must be sent to operations@voloops.com and mailed to: Volo Ops, Inc., Attn: Legal Department, 8 The Green, Ste A, Dover, DE 19901.

15.1 Volo Subscriptions.

If you subscribe to the Platform on behalf of an Organization, you agree to pay the fees for the plan you choose, as shown at checkout. Subscriptions are billed in advance and renew automatically at the end of each billing period until cancelled. Where a free trial is offered, the subscription begins and is charged at the end of the trial unless cancelled before then; the trial length and the price that will apply are shown before you start it. You may cancel at any time from the billing settings in the Platform. If you cancel during a paid billing period, you may request a refund of the unused portion of that period, prorated by day, by contacting operations@voloops.com; once the refund is issued, the subscription ends. Volo will give at least thirty (30) days' notice of a price increase before it applies to your next renewal. Payments are processed by Stripe; Volo does not receive or store full card numbers. Subscriptions cannot be purchased in the Volo iPhone app.

15.2 Payment Processing for Operators.

An Organization that uses the Platform to accept payments from its own customers (an "Operator") does so through an account with Stripe, Inc. or its affiliates ("Stripe") held in the Operator's own name.

(a) Stripe's terms. Payment processing services for Operators on Volo are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the "Stripe Services Agreement"). By using the Platform to accept payments, you agree to be bound by the Stripe Services Agreement, as Stripe may modify it from time to time. As a condition of Volo enabling payment processing through Stripe, you agree to provide Volo accurate and complete information about you and your business, and you authorize Volo to share it and transaction information related to your use of the payment processing services provided by Stripe.

(b) Merchant of record. The Operator is the seller of the services it charges for and the merchant of record for every payment it accepts. Each payment is made directly to the Operator's Stripe account. Volo is not a party to the transaction between an Operator and its customer, does not receive, hold or transmit the Operator's funds, and is not a bank, payment processor or money transmitter.

(c) Operator responsibilities. The Operator is solely responsible for its prices, invoices and charges; its own terms and policies with its customers; refunds, disputes and chargebacks, including any losses from them; Stripe's processing fees; taxes; and complying with laws that apply to its sales, including consumer protection and aviation regulations. Volo does not issue refunds on an Operator's behalf.

(d) Fees to Volo. Volo may charge an application fee on certain payments, but only for payment types and at rates disclosed to the Operator in advance in writing.

(e) Suspension. Volo may suspend an Operator's payment features if required by Stripe or by law, or to prevent fraud or harm.

15.3 Paying an Operator.

If you pay an Operator through the Platform, you are paying the Operator, not Volo. Your card details are entered into a form provided by Stripe and are not received or stored by Volo. Your payment is governed by your arrangement with the Operator, and questions about a charge, a refund or a dispute go to the Operator.