Terms of Service

1. Acceptance of Terms

By accessing or using the FlightDuty Canada platform (the "Service"), you ("User", "Manager", or "Company") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and FlightDuty Canada regarding your use of the platform.

1.1 Continuous Effect: These terms remain in effect at all times while the User maintains an account or utilizes any aspect of the Service. If a User no longer wishes to be subject to these Terms, they must formally close their account. Following account closure, the period of time during which the Service was utilized remains subject to the version of the Terms in effect at that time.

2. Description of Service

FlightDuty Canada provides a software-as-a-service (SaaS) platform designed to assist aviation operators and pilots in tracking flight and duty times. The Service includes tools for data entry, compliance monitoring against Canadian Aviation Regulations (CARs), forecasting, and regulatory reporting.

3. Data Hosting, Access, and Permissions

3.1 Hosting Rights: By entering data into the Service, you grant FlightDuty Canada a non-exclusive, worldwide, royalty-free license to host, store, transmit, and display your data solely for the purpose of providing the Service to you and your authorized associated companies.

3.2 Access and Monitoring: You acknowledge and agree that FlightDuty Canada personnel may, in limited circumstances, access or read your data for technical support, security audits, or to ensure the continued functionality of the platform. Furthermore, you acknowledge that by joining a Company Roster, you are granting that specific Company's authorized managers the right to view your regulatory records.

3.3 Data Retention: As per CARs requirements, company-associated records will be retained for a minimum of 24 months. FlightDuty Canada reserves the right to delete data older than 24 months unless a separate data retention agreement is in place.

4. Regulatory Compliance Disclaimer

4.1 No Substitution for Regulation Knowledge: FlightDuty Canada is a tracking assistance tool. It is not a substitute for a comprehensive understanding of the Canadian Aviation Regulations (CARs). The ultimate responsibility for regulatory compliance, accurate data entry, and adherence to flight and duty limits rests solely with the Pilot-in-Command and the Air Operator.

4.2 No Guarantee of Accuracy: While FlightDuty Canada makes every effort to ensure that its logic engines accurately reflect CARs 702 and 703, we do not guarantee that the Service will be 100% accurate at all times. Regulatory interpretations may vary, and the Service may not account for every specific Special Authorization (SA) or unique operational certificate condition.

4.3 Limitation of Liability: FlightDuty Canada, its owners, developers, and affiliates shall not be held liable for any fines, administrative penalties, license suspensions, legal prosecutions, or operational disruptions that may arise from the use of this Service. This includes, but is not limited to, situations where the Service failed to flag a violation or where a user relied on incorrect forecasting or logic provided by the platform.

5. Billing and Payments

5.1 Metered Billing: Companies are billed based on the number of active pilots on their roster. Billing occurs monthly via the credit card provided at signup.

5.2 12-Month Commitment: Each pilot added to a company roster is subject to a 12-month billing commitment. This means the Company will be billed for that pilot slot for a minimum of 12 months, regardless of whether the pilot remains active or associated with the company during that period. This policy ensures the stability of historical record hosting required for regulatory audits.

5.3 Taxes: All prices are in CAD and are subject to applicable taxes, including GST/HST.

6. User Responsibilities

Users are responsible for maintaining the confidentiality of their login credentials. Any data entered must be truthful and accurate. Providing false flight or duty data is a violation of these Terms and potentially a violation of Federal Law.

7. Intellectual Property

The software, logic, designs, and branding of FlightDuty Canada are the exclusive property of FlightDuty Canada. You may not attempt to decompile, reverse engineer, or scrape data from the Service.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any legal actions or proceedings shall be brought exclusively in the courts located in Vancouver, British Columbia.