Last Modified: January 14, 2026
Welcome to Inflight! The Inflight platform is an AI-powered feedback platform designed for modern product teams, enabling users to collect feedback from peers and enables teams to revise product flows in real time through the use of various other tools ("Platform").
This Terms of Service Agreement (this "Agreement") is a binding contract between InFlight Software, Inc., a Delaware corporation ("Inflight") and (a) individuals or companies that subscribe to the Platform (each a "Customer"); (b) persons that are authorized to access the Platform on Customer's behalf ("Authorized Users") and (c) guests who access the Platform or the Services (defined below) without an account ("Guest", and together with Customer and Authorized Users, "Users", "you," or "your"). This Agreement governs your access to and use of the Platform, as well the website located at https://www.inflight.co/ and its subdomains ("Website") and any content made available on the Platform and the Website (collectively, the "Services").
By subscribing to or accessing the Services, you acknowledge that you have read and understand this Agreement, and you agree to be legally bound by its terms. You represent and warrant that you have the right, power, and authority to enter into this Agreement and, if entering into this Agreement on behalf of an organization, that you have the legal authority to bind such organization. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.
Please review our Privacy Policy available at https://www.inflight.co/privacy for more information about how Inflight handles your personal information.
IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE PLATFORM FOR A TERM (THE "INITIAL TERM"), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT INFLIGHT'S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL IN ACCORDANCE WITH SECTION 3.2 (SUBSCRIPTIONS; FEES) BELOW.
PLEASE READ THIS AGREEMENT CAREFULLY AND BE AWARE THAT SECTION 11 PROVIDES THAT, UNLESS YOU OPT OUT WITHIN 30 DAYS OF AGREEING TO THIS AGREEMENT, ALL DISPUTES BETWEEN YOU AND COMPANY, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.
Capitalized terms have the meaning set forth below or as defined within this Agreement.
Subject to the terms and conditions of this Agreement, Inflight hereby grants to Customer a revocable, non-sublicensable, non-transferable (except as provided in Section 10.2), non-exclusive right to access and use the Services and accompanying Documentation solely for Customer's internal business purposes. Access to the Platform requires a subscription and that the Customer sets up accounts on the Platform.
Each Authorized User will be provided access to and use of the Platform through unique and confidential account credentials. These credentials cannot be shared or used by more than one individual Authorized User to access the Platform. Customer is responsible for maintaining the confidentiality of all Authorized Users' account credentials and is solely responsible for all activities that occur under these Authorized User accounts. Customer is solely responsible for determining which individuals are authorized to be Users (including Guests invited by any Authorized User) and for ensuring that it has the necessary authorization to provide such access. Customer is solely responsible for setting the applicable permissions and access rights of its Users, including Guests (such as viewer or editor rights) associated with its Users. Customer will promptly notify Inflight of any actual or suspected unauthorized use or access to its account.
Subject to the terms and conditions of this Agreement, Inflight will exercise commercially reasonable efforts to: (a) provide support to Customer for the use of the Platform; and (b) keep the Platform operational and available to Customer, in each case in accordance with its standard policies and procedures. For support or assistance, email us at support@inflight.co.
Users will not, and will not permit any third party to:
Inflight reserves the right to suspend any User's access to the Platform for any failure, or suspected failure, to comply with Section 2.4. Inflight may also suspend any User's access to all or any part of the Platform, without notice and without incurring any resulting obligation or liability, if Inflight believes, in its good faith and reasonable discretion, that such User's use of the Platform poses a risk to the security or integrity of Inflight's systems, interferes with Inflight's ability to reliably provide the Platform to other customers, or may subject Inflight to liability.
Each User will have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content uploaded by such User. The User Content will not:
Customer may elect, or where it is a necessary part of the Platform, may be required, to link certain Third-Party Services (e.g., prototyping platforms, product analytics, collaboration and communication tools) to the Platform, including by entering Customer's API keys associated with its account with such Third-Party Service. Customer acknowledges that:
Third-Party Services are not under the control of Inflight, and Inflight is not responsible for any Third-Party Services. Customer's use of the Third-Party Services is governed by the Customer's agreement with providers of the Third-Party Services. Customer acknowledges and accepts that Inflight does not guarantee the continued interoperability or availability of any Third-Party Service, which may be updated or removed from the Platform from time to time.
The Platform includes use of AI Tools. Users may submit queries or other inputs to the AI Tools ("Inputs") and receive back outputs generated by the AI Tools in response to Customer's Inputs ("Outputs"). Inputs and Outputs are both User Content. Inputs will be shared with the third parties that provide the AI Tools in order to generate Outputs.
For clarity, neither Inflight nor its AI Tool providers will use Inputs or Outputs as training data to improve or train their models.
Given the probabilistic nature of machine learning, you acknowledge that use of the AI Tools may in some situations result in inaccurate or incomplete Outputs. You, and not Inflight, will be solely responsible for your use of the AI Tools, including any of the Outputs and decisions made or actions taken based on any Input or Output. You acknowledge and agree that any conduct you engage in as a result of the information provided by an AI Tool, including any AI-enabled features or action made available through Inflight or Third-Party Services, is at your own risk. You acknowledge and agree that Inflight does not represent or warrant that Outputs will (a) be free from third-party content or (b) not infringe third-party intellectual property rights.
From time to time, Inflight may offer new "beta" features or tools with which a User may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Inflight's sole discretion.
Licenses to the Platform are available on a subscription basis (a "Subscription"). The Fees for such Subscription will be set forth on an applicable Order and will be billed at the start of the Subscription and at regular intervals (i.e., monthly price, billed annually) in accordance with Customer's elections on the Order at the time of purchase. Inflight reserves the right to change the timing of billing and to change the Subscription pricing at any time. If changes to the Subscription pricing occur that impact Customer's Subscription, Inflight will use commercially reasonable efforts to notify Customer, such as by sending an email to the email address associated with Customer's account. If Customer does not agree with such changes, Customer may cancel its Subscription as set forth in Section 3.1(b) (Cancelling Subscriptions). Fees are non-refundable (except as expressly set out in an Order) and are not eligible for set off. Customer will maintain complete, accurate and up-to-date Customer billing and contact information.
Each Subscription will continue and automatically renew at Inflight's then-current price for such Subscription until terminated in accordance with this Agreement (each such renewal term, a "Renewal Term"). The frequency at which Customer's Subscription renews (i.e., monthly, annually) will be designated on the Order. By subscribing, Customer authorizes Inflight to charge the payment method designated in Customer's account now, and again at the beginning of any Renewal Term. Upon renewal of Customer's Subscription, if Inflight does not receive payment, (i) Customer shall pay all amounts due on Customer's account upon demand and/or (ii) Customer agrees that Inflight may either terminate or suspend Customer's Subscription and continue to attempt to charge Customer's designated payment method until payment is received (upon receipt of payment, Customer's account will be activated and for purposes of automatic renewal, the Renewal Term will begin as of the day payment was received).
Customer may cancel its Subscription by logging in and selecting the cancellation option within the account settings page or otherwise by contacting Inflight in accordance with Section 10.3 (Notices), which will be effective at the end of the then-current Subscription term. For clarity, any cancellation of a Subscription will subject to any minimum term agreed in an Order.
If Customer cancels its Subscription, Customer may use its Subscription until the end of the then-current Subscription term; Customer's Subscription will not be renewed after the then-current term expires. However, Customer will not be eligible for a prorated refund of any portion of the Fees paid for the then-current Subscription period.
If Customer chooses to upgrade its Subscription in the middle of a Subscription period, such upgrade will take effect immediately and any incremental Fees associated with such upgrade will be charged in accordance with this Agreement. In any future Renewal Term, the Fees will reflect any such upgrades. If Customer chooses to downgrade a Subscription, the downgrade will take effect as of the first day of the next Renewal Term. Downgrading a Subscription may cause loss of content, features, or capacity of the Platform, and Inflight does not accept any liability for such loss.
Any free trial or other promotion that provides Users access to the Platform must be used within the specified time of the trial. At the end of the trial or promotional period, Customer's use of the Platform will automatically roll into a paid Subscription at Inflight's then-current Fees, and Customer will be charged for such Subscription as set forth in this Section 3.1 (Subscriptions; Fees) if it does not cancel prior to the start date of the Subscription period.
Customer agrees to pay all charges at the amounts in effect when such charges are incurred. Inflight uses Stripe, Inc. and its affiliates ("Stripe") as its Third-Party Service for payment services (e.g., card acceptance, merchant settlement, and related services). If you subscribe to the Platform, you will be required to provide your payment details and any additional information required to complete your order directly to Stripe. You agree to be bound by Stripe's Privacy Policy (currently accessible at https://stripe.com/privacy) and its Terms of Service (currently accessible at https://stripe.com/legal/ssa) and hereby consent and authorize Inflight and Stripe to share any information and payment instructions you provide with one or more providers of Third-Party Services to the minimum extent required to complete your transactions.
Please note that online payment transactions may be subject to validation checks by Stripe and your card issuer, and Inflight is not responsible if your card issuer declines to authorize payment for any reason. For your protection, Stripe uses various fraud prevention protocols and industry standard verification systems to reduce fraud, and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. Inflight is not responsible for this. In some jurisdictions, Stripe may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
By providing your payment and financial information, you agree that Inflight, its service providers, and any of its third-party payment processors (e.g., Stripe) are authorized to immediately charge your account for all applicable Fees and that no additional notice or consent is required.
All Fees owed by Customer in connection with this Agreement are exclusive of, and Customer will pay, all sales, use, excise and other taxes and applicable export and import fees, customs duties and similar charges that may be levied upon Customer in connection with this Agreement, except for employment taxes and taxes based on Inflight's income.
Users acknowledges that Inflight retains all right, title and interest in and to the Inflight Technology, including any enhancements, improvements, or derivatives thereto, and that the Inflight Technology is protected by intellectual property rights owned by or licensed to Inflight. Other than as expressly set forth in this Agreement, no license or other rights in the Inflight Technology are granted to the Customer.
Users retains all right, title and interest in and to the User Content. Each User hereby grants to Inflight a non-exclusive, worldwide, royalty-free and fully paid-up license during the Term (as defined below) to access and use its User Content to provide the Services and any accompanying support to Customer as set forth in this Agreement. Inflight may collect, generate, and use aggregated and de-identified information derived from User Content to improve its products and services, provided that such information will be first de-identified and anonymized. For the avoidance of doubt, Inflight does not use User Content to train its models, and any improvements to the products or services are based solely on aggregated and de-identified data.
If any User provides suggestions or feedback to another User, such providing User acknowledges and agrees that the receiving User will have the right to use, reproduce, modify, and incorporate such feedback without any obligation to the providing User. Users further agree not to provide any information that is proprietary or confidential to any third party when providing such feedback.
Inflight may monitor a User's use of the Services and may collect and compile Performance Data. As between Inflight and any User, all right, title, and interest in the Performance Data, and all intellectual property rights therein, belong to and are retained solely by Inflight. Inflight may use Performance Data to operate, improve, analyze, and support the Services and for other lawful business purposes, provided that the Performance Data will not identify Customer or Customer's Confidential Information.
If a User gives feedback to Inflight on the use, operation, and functionality of the Services, including information about operating results, known or suspected bugs, errors, or compatibility problems, suggested modifications, and user-desired features, functionality, or workflows (collectively, "Feedback"). Inflight may use and incorporate such Feedback in connection with its business, products and services without restriction or consideration to Customer. Inflight will not identify Customer as the source of any such Feedback. Inflight acknowledges that all Feedback is provided to Inflight on an "as is" basis and that Customer is not responsible for Inflight's use of any Feedback, including any results therefrom.
As a recipient of Confidential Information, each party agrees that it will (a) use the Confidential Information of the disclosing party only as set forth in this Agreement, (b) not disclose to any third party any Confidential Information of the disclosing party, except as expressly permitted under this Agreement, (c) limit access to the Confidential Information of the disclosing party to its employees and contractors who have a need to know such information to use or provide the Platform, and ensure that such employees or contractors are bound by confidentiality obligations at least as protective as those contained herein, and (d) protect the Confidential Information of the disclosing party from unauthorized use, access, and disclosure in a reasonable manner.
The restrictions on use and disclosure of Confidential Information set forth above will not apply to any Confidential Information that (a) is or becomes generally known and available to the public through no act or omission of the receiving party, (b) was in the receiving party's lawful possession without confidentiality restrictions prior to disclosure by the disclosing party, (c) is received without confidentiality restrictions from a third party with the right to make such a disclosure, or (d) is independently developed by the receiving party. The receiving party may disclose Confidential Information to the extent that such disclosure is required by law or by the order of a court or similar judicial or administrative body, provided that the receiving party will, if permitted by law, provide advance notice of the disclosure to the disclosing party and cooperate so that the disclosing party has the opportunity to obtain appropriate confidential treatment for such Confidential Information.
The term of this Agreement will commence on the date you accept this Agreement and continues for so long as you use the Services, including without limitation, as long as you have an active Subscription in place (the "Term"). Customer may deactivate or delete User accounts or permission at any time, provided that the deletion of a User account does not by itself automatically terminate this Agreement.
Customer may terminate a Subscription in accordance with Section 3.1 (Subscriptions). Either party may terminate this Agreement upon written notice if: (a) the other party materially breaches the Agreement and does not cure such breach (if curable) within thirty (30) days after written notice of such breach, or (b) the other party: (i) becomes insolvent, (ii) files a petition in bankruptcy that is not dismissed within sixty (60) days of commencement, or (iii) makes an assignment for the benefit of its creditors. Inflight reserves the right to terminate this Agreement or your access to the Platform at any time without cause upon notice to you.
Upon the expiration or termination of this Agreement for any reason, the rights and licenses granted to Customer hereunder will immediately terminate and Customer will cease use of the Platform. Termination of this Agreement will not relieve Customer of its obligation to pay all Fees that accrued prior to such termination. Each party will return to the other or destroy all property (including any Confidential Information) of the other party, except to comply with Section 6.4 (Data Export) below. Notwithstanding the foregoing, each party may retain the Confidential Information of the other in accordance with its standard backup procedures, subject to the requirements in Section 5 (Confidential Information). Sections 1 (Definitions), 2.4 (Restrictions), 3.2 through 3.4 (until such time that all Fees are paid), 4 (Proprietary Rights), 5 (Confidential Information), 6.3 (Effect of Termination), 6.4 (Data Export), 7.2 (Disclaimer), 8 (Indemnification), 9 (Limitation of Liability) and 10 will survive the termination of this Agreement.
User represents and warrants that it has all rights necessary to upload and use its User Content with the Services (and has provided all required notices related thereto) and to grant Inflight all licenses to the User Content in this Agreement without violating any third-party intellectual property, privacy, or other rights, or applicable privacy laws and regulations or any agreement with any Third-Party Service.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE INFLIGHT TECHNOLOGY IS PROVIDED "AS IS" AND "AS AVAILABLE" AND (B) INFLIGHT AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. INFLIGHT DOES NOT WARRANT OR REPRESENT THAT THE INFLIGHT TECHNOLOGY WILL BE FREE FROM BUGS, UNINTERRUPTED, OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT INFLIGHT IS NOT LIABLE, AND YOU AGREE YOU WILL NOT SEEK TO HOLD INFLIGHT LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY THIRD-PARTY SERVICE, AND THAT THE RISK OF INJURY FROM ANY THIRD PARTY RESTS ENTIRELY WITH YOU.
YOU ACKNOWLEDGE AND AGREE THAT INFLIGHT IS NOT LIABLE, AND YOU AGREE YOU WILL NOT SEEK TO HOLD INFLIGHT LIABLE FOR, ANY AND ALL CLAIMS THAT THE FEEDBACK OR SUGGESTIONS PROVIDED BY USERS INFRINGES THIRD PARTY INTELLECTUAL PROPERTY OR VIOLATES CONFIDENTIALITY RIGHTS. YOU ACKNOWLEDGE THAT INFLIGHT MAKES NO ENDORSEMENT REGARDING ANY USER FEEDBACK, SUBMISSION, CONTENT.
You shall indemnify and hold Inflight, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Inflight Party" and collectively, the "Inflight Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following:
Inflight reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Inflight in asserting any available defenses. This provision does not require you to indemnify any of the Inflight Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation, or concealment, or suppression or omission of any material fact in connection with the Services or any other service provided hereunder. You agree that the provisions in this section will survive any termination of your account, this Agreement and/or your access to the Services.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL INFLIGHT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS IN ANY WAY RELATING TO THIS AGREEMENT. IN NO EVENT WILL INFLIGHT'S AGGREGATE, CUMULATIVE LIABILITY IN ANY WAY RELATING TO THIS AGREEMENT EXCEED: (A) FOR CUSTOMERS AND THEIR USERS, THE AMOUNT OF FEES ACTUALLY RECEIVED BY INFLIGHT FROM CUSTOMER PURSUANT TO THE APPLICABLE ORDER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; AND (B) FOR GUESTS, THE GREATER OF $100 USD AND, IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING LIMITATIONS WILL NOT APPLY TO LIABILITIES THAT CANNOT BE LIMITED BY LAW.
This Agreement will be governed by the laws of the State of California, exclusive of conflict or choice of law rules.
Neither party may assign this Agreement, including any rights or obligations arising hereunder, without the prior written consent of the other party, except that Inflight may assign this Agreement without the consent of Customer in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment or transfer in violation of the foregoing will be null and void. This Agreement will be binding upon each party's respective permitted successors and assigns. You agree that Inflight may subcontract certain aspects of the Services to qualified third parties, provided that any such subcontracting arrangement will not relieve Inflight of any of its obligations hereunder.
Any notice under this Agreement must be given in writing to the other party (a) if to Inflight, then to support@inflight.co or InFlight Software, Inc., 11 W 25th FL7, New York, NY 10010; and (b) if to User, then to the email address associated with Customer's account. Notices will be deemed to have been given upon: (a) receipt (or when delivery is refused) if delivered in person or sent by recognized courier service, or (b) delivery, if sent by email that references this Section 10.3.
Any delay in the performance of any duties or obligations of either party (except for the obligation to pay Fees owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, war, fire, earthquake, typhoon, flood, natural disasters, governmental action, pandemic/epidemic, cloud-service provider outage, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
If Customer is an organization or corporate entity, Inflight may use Customer's name and Customer Marks to identify Customer as a customer, including on Inflight's website, social media and in sales and marketing materials, in the same manner in which it uses the names of its other customers. Inflight may not use Customer's name or Customer Marks in any other way without Customer's prior written consent.
You agree not to use, export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Inflight, or any products using such data, in violation of the U.S. export laws or regulations. Further, each party agrees to comply with all relevant export laws and regulations of the United States and the country or territory in which the Inflight Technology is provided ("Export Laws") to assure that neither any deliverable, if any, nor any direct product thereof is (1) exported, directly or indirectly, in violation of the Export Laws or (2) intended to be used for any purposes prohibited by the Export Laws. Customer further represents that (i) Customer is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) Customer is not listed on any U.S. Government list of prohibited or restricted parties.
If Customer is a government end user, then this provision also applies to Customer. The software contained within the Services and provided in connection with this Agreement has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as "commercial items," "commercial computer software," and/or "commercial computer software documentation." Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure, or distribution thereof by or for the U.S. Government will be governed solely by this Agreement and will be prohibited except to the extent expressly permitted by this Agreement.
This Agreement (as may be modified from time to time) is the entire understanding and agreement of the parties, and supersedes any and all previous and contemporaneous understandings. To the extent of any inconsistency between this Agreement and an Order, the Order shall prevail solely to the extent of the inconsistency. No terms of any purchase order, acknowledgement, or other form provided by Customer will modify this Agreement, regardless of any failure of Inflight to object to such terms. Any ambiguity in this Agreement shall be interpreted equitably without regard to which party was the drafter hereof. Inflight may modify the terms of this Agreement at any time, and any such modification will take effect during a subsequent Renewal Term. In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to." The parties to this Agreement are independent contractors, and no agency, partnership, franchise, joint venture, or employee-employer relationship is intended or created by this Agreement. There are no third-party beneficiaries of this Agreement.
Subject to the terms of this agreement to arbitrate ("Arbitration Agreement"), you and Inflight agree that all disputes or claims between you and Inflight that arise out of or relate in any way to your use of or access to the Services, or to this Agreement, including prior versions of this Agreement, (each, a "Dispute") will be resolved by binding arbitration. By entering into this Arbitration Agreement, all parties are waiving their respective rights to sue in court and have a trial in front of a judge or jury. This Arbitration Agreement is intended to be broadly interpreted and includes, for example, Disputes brought under any legal theory or that arose before you first accepted any version of this Agreement containing an arbitration provision.
This Arbitration Agreement does not preclude any party from (1) bringing claims in small claims court if such claims qualify and remain in small claims court; or (2) seeking equitable relief in any court of competent jurisdiction for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Before initiating any proceeding according to the terms of this Arbitration Agreement, as a condition precedent to doing so, you and Inflight agree to try to first resolve Disputes informally by contacting the other party in writing (the "Notice of Dispute"). If the Dispute is not resolved within forty-five (45) days after submission of the Notice of Dispute, you or Inflight may commence arbitration or, in the limited circumstances described in this subsection above, an alternative legal proceeding. Any applicable statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal Dispute resolution process. You and Inflight agree that any Dispute subject to arbitration under this Arbitration Agreement not resolved informally must be filed in arbitration within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.
The interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings initiated hereunder will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The National Arbitration & Mediation ("NAM") will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (both sets of rules are currently available at https://www.namadr.com/resources/rules-fees-forms/), and as modified by this Arbitration Agreement. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this Arbitration Agreement and the arbitrability of Disputes, except that only a court of competent jurisdiction may decide issues concerning the validity, enforceability, interpretation, and breach of Section 11.6. The arbitration will be conducted in the county where you reside or New York, New York, unless the parties agree to another location or the Batch Arbitration process is triggered per Section 11.7. The arbitrator will issue a final, binding written award, which may be entered in any court having jurisdiction.
To the fullest extent permitted by applicable law, all materials and documents exchanged during the arbitration will be kept confidential.
The NAM Rules will govern the payment of arbitration fees. The parties shall bear their own attorneys' fees and costs unless the arbitrator finds that the Dispute was frivolous and/or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
You and Inflight agree that, by entering into this Arbitration Agreement, all parties MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a final decision, not subject to any further appeal or recourse, determines that this Arbitration Agreement is invalid or unenforceable as to any particular claim or request for relief (such as a request for public injunctive relief), you and Inflight agree that only that particular claim or request for relief will be severed from the arbitration and may be litigated in the state or federal courts located in New York, New York.
Notwithstanding Section 11.6, to increase the efficiency of administration and resolution of arbitrations, you and Inflight agree that, in the event there are ten (10) or more individual requests for arbitration ("Requests") of a substantially similar nature (i.e., Requests that arise out of or relate to the same or similar facts and raise the same or similar legal issues and requests for relief) filed against Inflight by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90)-day period, NAM will (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are fewer than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). If there is any dispute about the applicability of these Batch Arbitration procedures, NAM will appoint a single administrative arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). The Administrative Arbitrator's fees shall be paid by Inflight.
You have the right to opt out of this Arbitration Agreement. If you do not wish to be bound by this Arbitration Agreement, you must send written notice to Inflight within thirty (30) days of first accepting any version of this Agreement containing an Arbitration Agreement. You must send this notice to support@inflight.co or InFlight Software, Inc., 9240 Lucinda Lane, Atascadero, CA 93422 and must include:
If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter in the future, with Inflight.
Inflight retains the right to make changes to this Arbitration Agreement in the future. You may reject any such change by notifying Inflight within thirty (30) days of that change at support@inflight.co or InFlight Software, Inc., 9240 Lucinda Lane, Atascadero, CA 93422. Unless you reject the change within thirty (30) days, your continued use of the Services constitutes your acceptance of the change. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you did not previously properly opt out per the requirements in Section 11.8 above. By rejecting a future change, you remain bound to arbitrate any Dispute in accordance with the terms of this Arbitration Agreement, as modified by any changes to the Arbitration Agreement you did not reject. Inflight will continue to honor any valid opt outs to the Arbitration Agreement, and you do not need to submit a rejection of future changes to this Arbitration Agreement if you properly opted out per the requirements in Section 11.8 above.
[End of Agreement]