Falken Avionics Falken EFB · Legal

Terms of Service

Falken Avionics, LLC — Falken EFB

Effective date: June 1, 2026

These Terms of Service ("Terms") are a binding agreement between you ("you" or "User") and Falken Avionics, LLC, a Texas limited liability company located at 2901 Kenai Dr., Cedar Park, TX 78613 ("Falken," "we," "us," or "our"). They govern your access to and use of the Service.

By creating an account, subscribing, or otherwise using the Service, you agree to these Terms, to our Privacy Policy, and to the EFB Liability Disclaimer, each of which is incorporated by reference. If you do not agree, do not use the Service.

The EFB Liability Disclaimer contains important limitations relating to aviation safety and the accuracy of aeronautical data. You should read it carefully.

1. Eligibility

The Service is offered only to individuals who are at least 18 years of age, who can form a binding contract, and who are located in the United States. By using the Service you represent that you meet these requirements. The Service is not directed to, and may not be used by, anyone under 18.

2. Definitions

In addition to terms defined elsewhere in these Terms, the following capitalized terms have the meanings set out below:

3. License and Permitted Devices

Subject to these Terms and your payment of applicable fees, Falken grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on Apple-branded devices that you own or control, solely for your own aviation use.

Registered devices. Each Account with an active paid Plan or a current Trial is entitled to register up to two (2) tablet devices (iPads) and one (1) handheld mobile device (iPhone). Registering a device grants that device access to data downloads (including monthly aviation data updates) and to real-time data services (including weather, airspace status, and NOTAMs). If you attempt to register an additional device beyond these limits, you must first de-register an existing device.

A de-registered device is blocked from data downloads and real-time data services immediately. The App on that device will continue to operate on previously downloaded data and, after thirty (30) days, will fall back to a "Device Not Registered" state until the device is re-registered on an Account with an active paid Plan.

We use device identifiers to administer registration and enforce these limits, as described in the Privacy Policy, and we may adjust permitted device counts on a prospective basis.

4. Accounts and Security

You must provide accurate, current, and complete registration information and keep it updated. You are responsible for all activity under your Account and for maintaining the confidentiality of your credentials. One person may not maintain more than one Account, and Accounts may not be shared, sold, or transferred. Notify us promptly at [email protected] of any unauthorized use.

5. Plans, Fees, and Billing

Access to the Service is offered under several Plans, each with its own pricing and billing terms shown at the point of purchase. Current Plans include the Trial, monthly and annual Subscriptions, and the Lifetime Plan. Falken may add, modify, or discontinue Plans on a prospective basis.

5.1 Trial. A new Account is eligible for one Trial, lasting thirty (30) days, which grants access to the Service at the entitlement level of a paid Subscription. Only one Trial is available per Account during the lifetime of the Account, regardless of any cancellation, deletion, or re-registration. A Trial does not automatically convert to a paid Plan and requires no payment instrument to begin. If you wish to retain Service access after the Trial ends, you must enroll in a Subscription or Lifetime Plan. Falken may, in its sole discretion and through internal administrative means only, extend or revive a Trial; no public mechanism exists for users to do so, and no user is entitled to a trial extension.

5.2 Subscriptions. Subscriptions provide access to the Service for a stated term (currently monthly or annual). By subscribing you authorize Falken, or the applicable payment processor, to charge the then-current fee plus any applicable taxes for each term. Subscriptions renew automatically at the then-current price for successive terms of equal length unless cancelled before the end of the current term. For Apple App Store Subscriptions, your Apple ID is charged within 24 hours before the end of the current period unless auto-renew is turned off at least 24 hours before that time.

5.3 Upgrades between Subscription plans. You may upgrade from a monthly to an annual Subscription at any time. When you upgrade, the unused portion of your current month is prorated and credited against the cost of the annual Subscription, and the annual term begins on the date of upgrade. Downgrades from annual to monthly, and other changes between Subscription plans, take effect at the end of the current paid period.

5.4 Lifetime Plan. The Lifetime Plan is a one-time purchase of access to the Service. It is not a Subscription, does not renew, and is not periodically billed. The scope of the Lifetime Plan, the period during which Service access is contractually guaranteed, the refund schedule, and the consequences of any sale of Falken Avionics or its assets or discontinuance of the Service are governed in detail by the separate Lifetime Purchase Agreement, which you must accept at the point of purchase. The Lifetime Plan is offered for a limited time and Falken may discontinue offering new Lifetime Plans at any time, with or without notice. Discontinuation of the offer does not affect any Lifetime Plan previously purchased.

5.5 Payment processors. Plans purchased through the Apple App Store are billed by Apple through your Apple ID and are subject to Apple's terms (see Section 17). Falken does not receive or store your payment-card details.

5.6 Taxes. Fees stated for any Plan are exclusive of applicable sales, use, value-added, or similar taxes. Where Falken or a payment processor is required to collect such taxes, those taxes will be added to the fee at the point of purchase based on your billing address. For Plans purchased through the Apple App Store, Apple collects and remits applicable taxes in most jurisdictions. You are responsible for any taxes that a payment processor does not collect on Falken's behalf.

6. Cancellation, Refunds, and Continued Access

6.1 Cancellation of Subscriptions. You may cancel a Subscription at any time. Cancellation stops future renewals; it does not retroactively cancel the current term, and you retain Subscription access through the end of the period you have paid for. Subscriptions purchased through the Apple App Store are cancelled through your Apple ID subscription settings (Settings > Apple ID > Subscriptions on your device).

6.2 Subscription refunds. Except where required by law, all Subscription fees are non-refundable, and Falken does not provide refunds or credits for partial periods, unused time, or features not used. Subscriptions purchased through the Apple App Store are also subject to Apple's refund policies.

6.3 Lifetime Plan refunds. Refunds for the Lifetime Plan are governed exclusively by the Lifetime Purchase Agreement, which provides a tiered refund schedule and a defined refund mechanism in the event of certain corporate events affecting Falken. The provisions of Section 6.2 do not apply to the Lifetime Plan.

6.4 Trial. A Trial may be ended at any time by enrolling in a paid Plan or by allowing the Trial to expire. No fees are charged during the Trial and no refund applies.

6.5 Continued access after lapse, cancellation, or end of Trial. When a Subscription lapses or is cancelled, or when a Trial ends without enrollment in a paid Plan, access to the Service degrades on the following schedule. References below to "the Account" mean the Account whose Plan has lapsed, been cancelled, or ended.

You retain access to your own User Content (including flight logs, aircraft profiles, pilot logbook entries, and checklists) regardless of Plan status, subject to Section 14.

6.6 Non-waivable rights. Nothing in this Section limits any non-waivable refund or cancellation right you may have under applicable consumer-protection law.

7. Acceptable Use

You agree not to, and not to permit any third party to:

(a) copy, modify, translate, or create derivative works of the App;

(b) reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by law;

(c) rent, lease, lend, sell, sublicense, or otherwise commercially exploit the Service;

(d) circumvent device limits, licensing, authentication, rate limits, or other technical protections;

(e) scrape, harvest, or bulk-extract Third-Party Data or other Service content, or use the Service to build a competing product;

(f) use the Service in violation of any applicable law or regulation, or in any manner that could damage, disable, or impair the Service.

8. Intellectual Property and User Content

Falken property. The App and the Service, including all software, interfaces, and trademarks (other than Third-Party Data and User Content), are owned by Falken or its licensors and are protected by intellectual-property laws. Except for the license in Section 3, no rights are granted to you.

Your content. You retain all rights in your User Content. You grant Falken a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process your User Content solely as needed to operate and provide the Service to you, and as described in the Privacy Policy. You are responsible for maintaining your own backups of any User Content that is important to you.

Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

9. Third-Party Data and Services

The App displays Third-Party Data sourced from providers that may include the Federal Aviation Administration (FAA), the Aviation Weather Center / NOAA, the Iowa Environmental Mesonet, OurAirports, AOPA, and OpenStreetMap, among others. This data is provided "as is" by those sources, and your use of it may be subject to the providers' own terms. Falken does not create, control, or guarantee the accuracy, completeness, timeliness, or availability of Third-Party Data. The accuracy and use of aeronautical and weather data are addressed in detail in the EFB Liability Disclaimer, which you should read before relying on the App in flight.

10. Aviation Use and Safety

The App is an electronic flight bag intended to provide supplemental situational awareness only. It is not certified avionics, is not approved for use as a primary means of navigation, and is not approved for instrument flight. Your use of the App for any flight-related purpose is governed by the EFB Liability Disclaimer, which forms part of these Terms. To the extent of any conflict between these Terms and the EFB Liability Disclaimer regarding aviation use, data accuracy, or safety, the EFB Liability Disclaimer controls.

11. Disclaimer of Warranties

THE SERVICE, THE APP, AND ALL THIRD-PARTY DATA 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 SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FALKEN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DATA WILL BE ACCURATE, COMPLETE, CURRENT, OR AVAILABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FALKEN AND ITS MEMBERS, OFFICERS, EMPLOYEES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL FALKEN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO FALKEN FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND FALKEN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. ADDITIONAL LIMITATIONS SPECIFIC TO AVIATION USE ARE SET OUT IN THE EFB LIABILITY DISCLAIMER.

13. Indemnification

You will indemnify, defend, and hold harmless Falken and its members, officers, employees, licensors, and suppliers from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Service, (b) your User Content, (c) your violation of these Terms or applicable law, or (d) your operation of an aircraft.

14. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we are required to do so by law, or if continued provision of the Service becomes impractical. On termination, the license in Section 3 ends and you must stop using the App. Sections that by their nature should survive termination (including Sections 8, 11–13, 16, and 18) will survive.

15. Changes to the Service and to These Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may also revise these Terms; if we make material changes, we will provide notice through the App, by email, or by other reasonable means, and will update the effective date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Governing Law and Dispute Resolution

Governing law. These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. Except for the carve-outs below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Williamson County, Texas, or by videoconference, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. YOU AND FALKEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual-property rights. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state courts located in Williamson County, Texas, and the federal courts whose jurisdiction includes Williamson County, Texas.

Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to [email protected] with your name and Account email. Opting out does not affect any other part of these Terms.

17. Apple App Store — Additional Terms

These additional terms apply if you obtain the App through the Apple App Store. You and Falken acknowledge that:

1. Relationship. These Terms are between you and Falken only, not with Apple. Falken, not Apple, is solely responsible for the App and its content.

2. Scope of license. The license granted in Section 3 is limited to use of the App on Apple-branded devices you own or control and as permitted by the App Store Terms of Service.

3. Maintenance and support. Falken, not Apple, is solely responsible for any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support.

4. Warranty. Falken is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.

5. Product claims. Falken, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product-liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer-protection or similar law.

6. Intellectual property. In the event of any third-party claim that the App or your use of it infringes that third party's intellectual-property rights, Falken, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of the claim.

7. Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Contact. Questions, complaints, or claims regarding the App should be directed to Falken at the contact details in Section 18.

9. Third-party terms. You must comply with applicable third-party terms of agreement when using the App.

10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple will have the right to enforce these Terms against you as a third-party beneficiary.

18. General

Entire agreement. These Terms, together with the Privacy Policy, the EFB Liability Disclaimer, and — for any user who has purchased a Lifetime Plan — the Lifetime Purchase Agreement, are the entire agreement between you and Falken regarding the Service and supersede prior agreements on the subject. In the event of any conflict between these Terms and the Lifetime Purchase Agreement with respect to a Lifetime Plan, the Lifetime Purchase Agreement controls.

Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary.

No waiver. Our failure to enforce any provision is not a waiver.

Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Notices. We may provide notices through the App or by email to the address associated with your Account.

Contact:

Falken Avionics, LLC

2901 Kenai Dr., Cedar Park, TX 78613

[email protected] · (816) 336-9447