Organization Subscription Agreement
This Organization Subscription Agreement (“Agreement”) is between Nicholl Aviation LLC, doing business as AvSuite Lite (“AvSuite Lite,” “we,” “us,” or “our”), and the aircraft partnership, flying club, group of co-owners, or other organization establishing or maintaining an AvSuite Lite account (“Organization”). The individual accepting this Agreement for the Organization (“Organization Administrator”) represents that they have authority to bind the Organization. By creating, activating, purchasing, or maintaining an organizational subscription, the Organization agrees to this Agreement.
1. Purpose
AvSuite Lite provides software to help an Organization administer shared aircraft and related activities. Features may include scheduling and reservations, aircraft dispatch and return, aircraft and maintenance information, meter values, squawks, documents and POH files, member and owner access, expenses, balances, payment records, notifications, activity history, reports, and related functions.
2. Independent Organization
The Organization remains independently responsible for its governance, finances, members, aircraft, insurance, maintenance, legal compliance, and aviation activities. Nothing in this Agreement creates a partnership, joint venture, employment relationship, agency relationship, or franchise between AvSuite Lite and the Organization. AvSuite Lite does not own, operate, maintain, inspect, or exercise operational control over the Organization’s aircraft.
3. Organization Administrator
The Organization must designate appropriate administrators. Administrators may add or remove users, send invitations, assign roles and permissions, configure settings, manage aircraft information, view organization records and reports, and manage subscription information. The Organization is responsible for granting administrative privileges only to appropriate individuals and promptly removing or modifying access when no longer needed.
4. Authorized Users and Accounts
The Organization may provide access to authorized owners, members, administrators, employees, contractors, or other appropriate users. Each individual should use their own account and credentials. The Organization must not encourage credential sharing and should promptly notify AvSuite Lite of unauthorized access, compromised credentials, suspected security incidents, or other unauthorized use.
5. Organization Data
The Organization and authorized users may submit member information, aircraft information, reservations, dispatch records, maintenance items, documents, expenses, payments, balances, notes, photographs, and other information (“Organization Data”). As between AvSuite Lite and the Organization, the Organization retains its applicable rights in Organization Data. The Organization grants AvSuite Lite a limited right to host, store, process, transmit, reproduce, back up, and otherwise use Organization Data as reasonably necessary to provide, maintain, secure, support, and improve the Services.
6. Accuracy and Lawful Use
The Organization is responsible for reasonable steps to ensure Organization Data is accurate, authorized, and lawful. AvSuite Lite does not independently observe flights, inspect aircraft, verify maintenance, reconcile financial accounts, or determine whether user-entered records are correct. The Organization must not use the Services to falsify aircraft, maintenance, scheduling, dispatch, expense, payment, membership, or other records.
7. Aircraft and Operational Responsibility
The Organization and its responsible aviation personnel retain responsibility for aircraft airworthiness, required inspections and maintenance, documents, operating limitations, pilot qualifications and currency, insurance, weather, flight planning, aircraft performance, weight and balance, fuel, and whether a flight may be safely and legally conducted. AvSuite Lite information and reminders are administrative aids and do not replace required records, inspections, maintenance, or pilot-in-command authority.
8. Financial Records
The Organization is responsible for reviewing charges, expenses, payments, balances, and reports entered or generated through the Services. AvSuite Lite does not provide accounting, tax, legal, or financial advice and does not resolve disputes between the Organization and its members. The Organization should retain source documents and consult qualified advisors where appropriate.
9. Subscription Options
Unless a different price is shown and accepted at purchase, the Organization may choose either a monthly subscription at $12.99 per month or an annual subscription at $142 per year. The annual option is billed once each year. The phrase “one month free” describes the savings compared with twelve monthly payments; it does not create an additional month or separately refundable credit. Applicable taxes may be added.
10. Automatic Renewal
The paid subscription begins on the date the initial paid subscription is activated (“Subscription Date”) and automatically renews at the selected monthly or annual interval until canceled. The Organization authorizes Nicholl Aviation LLC and its payment processor to charge the payment method on file for the applicable amount at each renewal.
11. Unlimited Aircraft and Members
The standard subscription does not charge per aircraft or per member and does not impose a stated numeric limit on aircraft or authorized users within one legitimate Organization. The subscription may not be shared across unrelated organizations, resold, or used to provide a service bureau. AvSuite Lite may apply reasonable technical or security safeguards against abusive automation, unlawful activity, or use that materially threatens service stability.
12. Failed Payments
If a payment is unsuccessful, AvSuite Lite may notify the Organization and retry the payment. AvSuite Lite may suspend or limit access while an amount remains unpaid. Suspension for nonpayment does not necessarily result in immediate deletion of Organization Data, and access may be restored after outstanding amounts are paid, subject to account status.
13. Cancellation
The Organization may cancel through available account functionality or by contacting support@avsuitelite.com. Cancellation stops future automatic renewals and should occur before the next scheduled charge. Cancellation does not retroactively cancel charges already processed. Unless otherwise stated at purchase, access may continue through the end of the paid billing period.
14. No Refunds
Subscription payments are non-refundable except where a refund is required by applicable law. AvSuite Lite does not provide refunds or prorated credits for partial periods, unused Services, removal of aircraft or users, voluntary cancellation, failure to use the Services, suspension caused by a violation, or cancellation after payment has been processed.
15. Pricing Changes
AvSuite Lite may change pricing with reasonable advance notice for an existing Organization. The Organization may cancel before a pricing change becomes applicable if it does not wish to continue at the new rate.
16. Data Access Following Cancellation
After paid access ends, some or all functionality may become unavailable. The Organization is responsible for exporting records it must retain before access terminates. AvSuite Lite may retain Organization Data for a limited period for backup, security, legal, operational, or recovery purposes, but retention does not guarantee continued user access.
17. Data Export and Deletion
Where export functionality is provided, the Organization may export available records in supported formats. Compatibility with another platform is not guaranteed. Subject to law, contractual obligations, security requirements, backup practices, and legitimate retention needs, the Organization may request deletion of Organization Data after termination. Some information may be retained to comply with law, maintain transaction or security records, resolve disputes, prevent fraud, or establish, exercise, or defend legal claims.
18. Privacy and Information Security
AvSuite Lite will handle personal information as described in its Privacy Policy and use reasonable administrative, technical, and organizational safeguards intended to protect information. The Organization is responsible for protecting credentials and devices, managing permissions, removing former users, obtaining any required permissions or consents, and promptly reporting suspected security incidents. No internet-connected system can guarantee absolute security.
19. Confidentiality
Each party may receive nonpublic information belonging to the other and agrees to use reasonable care to protect that information and use it only for legitimate purposes related to this Agreement. Confidential information excludes information publicly available through no breach, independently developed without confidential information, or lawfully obtained from another source without a confidentiality obligation.
20. Acceptable Use and Incorporated Policies
The Organization and its users must comply with the AvSuite Lite Terms of Service, Privacy Policy, and Acceptable Use Policy, which are incorporated into this Agreement. If this Agreement conflicts with a general provision of the Terms solely regarding an Organization’s commercial subscription, this Agreement controls that conflict.
21. Intellectual Property and Organization Content
Nicholl Aviation LLC retains rights in AvSuite Lite, including software, platform design, branding, interfaces, original databases, documentation, and proprietary technology. The Organization receives a limited, nonexclusive, nontransferable right to use the Services during an active subscription. The Organization retains its rights in logos, photographs, documents, and other content it uploads and represents that it has the necessary rights to use that content.
22. Service Availability and Changes
AvSuite Lite strives to maintain reliable Services but does not guarantee uninterrupted operation. Maintenance, updates, infrastructure or Internet failures, third-party outages, security incidents, or circumstances beyond reasonable control may interrupt access. AvSuite Lite may add, modify, redesign, or discontinue features and may immediately change or disable functionality when reasonably necessary for security, legal compliance, system integrity, or aviation safety.
23. Suspension and Termination
AvSuite Lite may suspend or terminate an Organization for nonpayment, material violation of this Agreement or incorporated policies, fraud, record falsification, security threats, unauthorized access, illegal activity, or conduct materially threatening users, data, aircraft operations, or system integrity. Immediate action may be taken when reasonably necessary to protect users, data, security, aviation safety, or legal interests.
24. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVSUITE LITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” NICHOLL AVIATION LLC DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SUFFICIENT TO SATISFY EVERY FAA, INSURANCE, ACCOUNTING, BUSINESS, SAFETY, OR REGULATORY REQUIREMENT. THE ORGANIZATION IS RESPONSIBLE FOR DETERMINING WHETHER AVSUITE LITE IS APPROPRIATE FOR ITS OPERATIONS AND RECORDKEEPING NEEDS.
25. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICHOLL AVIATION LLC, AVSUITE LITE, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICES, INCLUDING LOST OR INACCURATE RECORDS, SCHEDULING OR DISPATCH ERRORS, MAINTENANCE ISSUES, FINANCIAL RECORDS, BUSINESS INTERRUPTION, LOST PROFITS, AIRCRAFT OPERATIONS, REGULATORY ACTION, LOST DATA, OR THIRD-PARTY SERVICES. NOTHING LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
26. Indemnification
To the extent permitted by law, the Organization agrees to indemnify and hold harmless Nicholl Aviation LLC, AvSuite Lite, and their owners, officers, employees, and contractors from third-party claims arising from the Organization’s unlawful conduct, intentional falsification of records, unauthorized disclosure, aircraft operations, violation of this Agreement, or uploaded content infringing another party’s rights, except where prohibited by law.
27. Governing Law
This Agreement is governed by the laws of the State of Michigan, without regard to conflict-of-law principles, except where applicable law requires otherwise. Disputes not subject to another agreed procedure shall be brought in a court of competent jurisdiction in Michigan unless applicable law requires otherwise.
28. Assignment
The Organization may not assign this Agreement without AvSuite Lite’s prior written consent except as part of a bona fide merger, acquisition, reorganization, or sale of substantially all applicable assets. AvSuite Lite may assign this Agreement as part of a merger, acquisition, restructuring, sale, or transfer of the AvSuite Lite business.
29. Changes, Severability, and Waiver
AvSuite Lite may update this Agreement as the Services, business, technology, or legal requirements evolve. Material changes affecting an active subscription may receive reasonable notice. If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision does not waive that provision.
30. Electronic Acceptance
The Organization agrees this Agreement may be accepted electronically. Selecting an “I Agree,” “Accept,” “Start Subscription,” “Subscribe,” or similar checkbox or button presented with this Agreement constitutes electronic acceptance. The individual accepting represents that they are authorized to bind the Organization. AvSuite Lite may maintain a record of acceptance, including the Organization, user, date, time, Agreement version, and related information.
31. Entire Agreement and Contact
This Agreement, the incorporated policies, applicable purchase information, and other written agreements expressly incorporated by reference constitute the agreement regarding the Organization’s subscription. Questions may be directed to support@avsuitelite.com.