EFB Liability Disclaimer

Falken Avionics, LLC — Falken EFB ("the App")

Effective date: June 1, 2026

PLEASE READ THIS DISCLAIMER CAREFULLY. IT CONTAINS IMPORTANT SAFETY INFORMATION AND LIMITS FALKEN'S LIABILITY. BY USING THE APP YOU AGREE TO IT. IF YOU DO NOT AGREE, DO NOT USE THE APP.

This EFB Liability Disclaimer ("Disclaimer") supplements and forms part of the Terms of Service between you and Falken Avionics, LLC ("Falken"). Where it addresses aviation use, data accuracy, or safety, this Disclaimer controls over any conflicting language elsewhere.

1. The App Is Not Certified Equipment

The App is an electronic flight bag (EFB) that provides supplemental information for situational awareness only. THE APP IS NOT CERTIFIED OR APPROVED AVIONICS. IT HAS NOT BEEN PRODUCED UNDER ANY FAA TECHNICAL STANDARD ORDER (TSO) AND IS NOT APPROVED FOR USE AS A PRIMARY MEANS OF NAVIGATION OR FOR FLIGHT UNDER INSTRUMENT FLIGHT RULES (IFR).

2. Supplementary Use Only

THE APP IS A SUPPLEMENT TO, AND NOT A REPLACEMENT FOR, OFFICIAL AND REQUIRED SOURCES OF AERONAUTICAL INFORMATION. You must carry and rely on current official charts, publications, and equipment required for your flight as your primary references, and you must independently verify any information before relying on it. Do not make any flight decision based solely on the App.

3. Pilot-in-Command Responsibility

You, as pilot in command, are solely responsible for the safe conduct of every flight. Under 14 CFR § 91.3, the pilot in command is directly responsible for, and is the final authority as to, the operation of the aircraft. Under 14 CFR § 91.103, the pilot in command must become familiar with all available information concerning the flight before beginning it. NOTHING IN THE APP RELIEVES YOU OF THESE RESPONSIBILITIES OR OF YOUR DUTY TO COMPLY WITH ALL APPLICABLE REGULATIONS, AIRSPACE RESTRICTIONS, NOTAMS, AND AIR TRAFFIC CONTROL INSTRUCTIONS.

4. Accuracy of Data; Third-Party Sources

The App displays aeronautical, weather, mapping, and related data obtained from third-party sources, which may include the FAA, the Aviation Weather Center / NOAA, the Iowa Environmental Mesonet, OurAirports, AOPA, and OpenStreetMap, among others.

THIS DATA — INCLUDING NOTAMS, TEMPORARY FLIGHT RESTRICTIONS (TFRs), AIRSPACE, TERRAIN, OBSTACLES, AIRPORT INFORMATION, CHARTS, AND WEATHER PRODUCTS — MAY BE INCOMPLETE, OUTDATED, DELAYED, INTERRUPTED, OR INCORRECT. Weather information is advisory only and may not reflect current or actual conditions. Falken does not create this data, does not control it, and does not warrant its accuracy, completeness, timeliness, or availability. YOU MUST OBTAIN AN OFFICIAL PREFLIGHT WEATHER BRIEFING AND CURRENT NOTAM AND TFR INFORMATION FROM OFFICIAL SOURCES, AND MUST NOT RELY ON THE APP AS A SUBSTITUTE FOR THEM.

5. Disclaimer of Warranties

THE APP AND ALL DATA IT DISPLAYS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FALKEN AND ITS LICENSORS AND DATA SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. FALKEN DOES NOT WARRANT THAT THE APP WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR THAT ANY DATA WILL BE ACCURATE OR CURRENT.

6. Assumption of Risk

AVIATION IS INHERENTLY DANGEROUS. YOU UNDERSTAND AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH OPERATING AN AIRCRAFT AND WITH ANY USE OF THE APP, INCLUDING THE RISK OF PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, AND DEATH. You are responsible for determining whether the App is suitable and safe for your intended use.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FALKEN AND ITS MEMBERS, OFFICERS, EMPLOYEES, LICENSORS, AND DATA SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND — INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE — ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP OR ANY DATA IT DISPLAYS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION APPLIES IN ADDITION TO, AND DOES NOT REPLACE, THE LIMITATION OF LIABILITY IN THE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

To the maximum extent permitted by law, you will indemnify, defend, and hold harmless Falken and its members, officers, employees, licensors, and data suppliers from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your operation of an aircraft or your use of or reliance on the App or any data it displays.

9. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS DISCLAIMER, THAT YOU ARE SOLELY RESPONSIBLE FOR THE SAFE OPERATION OF YOUR AIRCRAFT, AND THAT YOU WILL NOT RELY ON THE APP AS A PRIMARY MEANS OF NAVIGATION OR AS A SUBSTITUTE FOR OFFICIAL AERONAUTICAL AND WEATHER INFORMATION.

Falken Avionics, LLC · 2901 Kenai Dr., Cedar Park, TX 78613 · [email protected] · (816) 336-9447