Legal
Terms of Service
- Effective:
- Last updated:
These Terms of Service (“Terms”) govern your use of FlightNotes, operated by the operator of FlightNotes (“FlightNotes”, “we”, “us”). By creating an account, publishing a menu, or using a guest menu or the Flight Journal, you agree to these Terms. Our Privacy Policy explains how we handle personal information.
1.Accounts and responsibilities
- Business accounts and paid plans are for business use only, not for personal, family or household use. They are for businesses and the people authorized to act for them. You must be at least 18 and able to agree to these Terms for your business.
- Give accurate information, confirm your email address, and keep your password and sign-in email secure. You are responsible for activity under your account.
- Tell us promptly if you believe your account has been accessed without permission.
- Guests can use menus without an account. If you use the Flight Journal, keep access to your email secure, since sign-in links are sent there.
2.Business-submitted content
You keep ownership of the menus, beverage details, descriptions, logos, links and other content you submit. You give us a worldwide, non-exclusive, royalty-free license to host, copy, display and adapt that content as needed to operate FlightNotes and show it to your guests.
You are responsible for your content, including that:
- beverage names, styles, alcohol content, pricing and other details are accurate;
- you have the rights to any logos, images and text you upload;
- your menus and service of beverages comply with the laws that apply to your business, including alcohol and age-verification rules.
We may remove content or pause a menu that violates these Terms or the law.
3.Using guest opt-in contacts
If guests opt in to hear from your business, you may contact them only about what they agreed to, you must comply with applicable anti-spam and privacy laws, you must honor unsubscribe and deletion requests, and you must keep any exported lists secure. Guest email addresses given only to save a tasting are not shared with you and may not be sought through FlightNotes.
4.Acceptable use
You agree not to:
- break the law, infringe others’ rights, or post content that is deceptive, harassing, hateful or sexually explicit;
- promote the sale or service of alcohol to people under the legal drinking age;
- submit fake ratings, manipulate analytics or winners, or impersonate anyone;
- scrape the service, circumvent plan limits, rate limits or security measures, or probe for vulnerabilities without our permission;
- upload malware or interfere with the service or other users.
5.Subscriptions, renewal and cancellation
- The Free plan costs nothing. The Pro plan costs $15/month (USD), plus any applicable taxes, billed in advance through Stripe.
- Paid subscriptions renew automatically each month and your payment method is charged at each renewal until you cancel.
- You can cancel anytime from the billing page. Cancellation takes effect at the end of the current paid period; you keep Pro features until then, and your store then moves to the Free plan. Your menus and data are not deleted when you downgrade.
- If a payment fails, we may keep Pro features on for a short time while payment is retried, then move the store to the Free plan.
- We may change prices at any time. New prices apply immediately to new subscriptions. For an existing subscription, a price change takes effect at your next billing period after we notify you, and you can cancel before it applies.
6.Third-party beverage data and services
Some beverage details come from third-party catalogs such as Catalog.beer (licensed under CC BY 4.0). We show the required attribution wherever that data appears. We do not guarantee that catalog data is accurate or complete — please check it before publishing. Brand names and trademarks belong to their owners.
Payments, email delivery and optional Google sign-in are provided by third parties whose own terms may also apply.
7.Our service and intellectual property
FlightNotes, including its software, design and brand, belongs to us and our licensors. These Terms don’t give you any rights to it beyond using the service as offered. If you send us feedback, we may use it without obligation to you.
8.Service availability and changes
We work to keep FlightNotes available but do not promise uninterrupted service. We may add, change or remove features, and will give reasonable notice before removing a paid feature you rely on. We may suspend or close accounts that violate these Terms or put the service or other users at risk. You may stop using FlightNotes at any time.
9.Disclaimers
To the extent permitted by law, FlightNotes is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
10.Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill or data, even if we were told they were possible.
To the fullest extent permitted by law, our total liability for all claims relating to FlightNotes or these Terms is limited to the greater of (a) the amount you paid us in the 3 months before the event giving rise to the claim, or (b) $50.
Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for fraud or willful misconduct.
11.Time limit for claims
To the extent permitted by law, any claim relating to FlightNotes or these Terms must be brought within one year after it arises, or it is permanently barred.
12.Indemnity
Businesses agree to defend and indemnify us against claims arising from their content, their use of guest contact information, or their breach of these Terms or the law.
13.Governing law
These Terms and any dispute relating to FlightNotes are governed by the laws of the State of California, without regard to conflict-of-law rules, and by the Federal Arbitration Act for the arbitration section below.
14.Dispute resolution and arbitration
Please read this section carefully. It affects how disputes are resolved and waives the right to a jury trial and to class actions.
- Try to resolve it first. Before starting a claim, contact us and describe the issue. Both sides agree to try in good faith to resolve it informally for 30 days.
- Individual arbitration. Any dispute that is not resolved informally will be decided by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court. Hearings will take place by video or phone, or on written submissions, unless the arbitrator decides an in-person hearing is needed. The arbitrator may award the same individual relief a court could.
- Exceptions. Either side may bring an individual claim in small claims court, or ask a court to stop infringement or misuse of intellectual property. Claims for public injunctive relief under California law may be brought in court after any individual claims are arbitrated.
- No class actions. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not combine claims of different people.
- Opt out. You may opt out of this arbitration agreement by contacting us within 30 days after you first accept these Terms. Opting out does not affect the rest of these Terms.
- If part of this section is unenforceable. If the class-action waiver is found unenforceable for a claim, that claim will proceed in court and not in arbitration. Otherwise, any unenforceable part of this section is removed and the rest remains in effect.
15.Changes to these Terms
We may update these Terms. We will change the date at the top of this page and give notice of material changes before they take effect. Continuing to use FlightNotes after that means you accept the updated Terms.
16.Contact us
Questions about these Terms? Contact:
See also our Privacy Policy.