CLEARPROP SOFTWARE, LLC

TERMS OF SERVICE

Last Updated: April 12, 2026

IMPORTANT: THIS AGREEMENT INCLUDES (1) A SAFETY DISCLAIMER AND “NO RELIANCE” TERMS, (2) AN ASSUMPTION OF RISK AND RELEASE OF CLAIMS, INCLUDING CLAIMS BASED ON OUR ORDINARY NEGLIGENCE, (3) A LIMITATION OF LIABILITY THAT CAPS OUR LIABILITY, AND (4) AN INDEMNIFICATION OBLIGATION. PLEASE READ CAREFULLY.

1. WHO WE ARE; ACCEPTANCE OF THESE TERMS
   1. The Service is provided by ClearProp Software, LLC (“Company,” “we,” “us,” or “our”). Our email address is: support@flycrosscheck.com.
   2. These Terms of Service (“Terms”) govern your access to and use of our websites, mobile applications, and related services, including, without limitation, our CrossCheck service, whether accessed through one of our websites or on your mobile device via our mobile application (collectively, the “Service”).
   3. By accessing or using the Service, creating an account, or clicking “I Agree,” you agree to be bound by these Terms. If you do not agree, do not use the Service.
   4. You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms.
   5. The Service is not directed to children under 18, and you may not use the Service if you are under 18.
   6. If you use the Service on behalf of an organization, you represent you are authorized to bind that organization, and “you” includes that organization.
2. DEFINITIONS
   1. “Checklist Content” means any checklist, procedure, item, note, warning, limitation, sequence, linked progression, calculation, or related content displayed, stored, generated, edited, uploaded, exported, printed, or shared through the Service.
   2. “User Content” means Checklist Content or other content that users create, upload, or publish through the Service.
   3. “Publisher” means a user or organization that creates, edits, uploads, shares, or publishes Checklist Content for others (including within groups or publicly).
   4. “Approved Sources” means the aircraft’s FAA-approved or manufacturer-authoritative materials applicable to the specific aircraft and configuration, including the applicable AFM/POH, supplements, placards, limitations, and (where applicable) operator SOPs and training materials.
   5. “Safety-Critical Use” means use during any phase of flight or ground operation where an error, omission, delay, or failure could contribute to an incident, accident, injury, death, or property damage.
   6. “Sample/Template Content” means any checklist(s), templates, demos, or example content that the Company makes available through the Service.
3. SERVICE OVERVIEW
   1. The Service provides software tools to create, edit, store, display, organize, sync, and share Checklist Content and related workflow features.
   2. The Service is NOT FAA-certified avionics or aircraft equipment and does not replace any system or equipment required by law, regulation, or the aircraft manufacturer.
   3. The Service may be unavailable, interrupted, delayed, or contain errors. Features may change and may depend on device capability, operating system, connectivity, or third-party services.
   4. Any Sample/Template Content is provided solely for demonstration and formatting purposes. It may be incomplete, inaccurate, or outdated and may not reflect your aircraft’s configuration, equipment, limitations, or procedures. Sample/Template Content must be independently verified against Approved Sources before any Safety‑Critical Use.
4. AVIATION SAFETY DISCLAIMER; NO RELIANCE
   1. NO RELIANCE. THE SERVICE AND ALL CHECKLIST CONTENT ARE PROVIDED FOR CONVENIENCE AND WORKFLOW PURPOSES ONLY. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE OR ANY CHECKLIST CONTENT AS THE SOLE SOURCE OF FLIGHT-CRITICAL INFORMATION OR AS A SUBSTITUTE FOR APPROVED SOURCES, TRAINING, OR PILOT JUDGMENT.
   2. NOT OPERATIONAL CONTROL OR DISPATCH. We do not provide operational control, dispatch services, airworthiness determinations, flight planning approval, or regulatory compliance assurance.
   3. BACKUP REQUIRED. You are responsible for maintaining and having access to independent backup materials (e.g., paper checklists or other accessible backups) in case of device failure, battery failure, software issues, or loss of connectivity/synchronization.
5. PILOT/OPERATOR RESPONSIBILITY; VERIFICATION OBLIGATIONS
   1. You are solely responsible for safe operation of the aircraft, compliance with all applicable laws and regulations, and deciding whether and how to use any Checklist Content in any context, including Safety-Critical Use.
   2. Before Safety-Critical Use, you agree to verify that Checklist Content is accurate, complete, current, and appropriate for the specific aircraft, equipment, configuration, limitations, and operating context. Without limiting the foregoing, you agree to: (a) confirm Checklist Content against applicable Approved Sources; (b) confirm applicability to tail number/configuration, installed equipment, limitations, and maintenance status (including MEL/KOEL where applicable); (c) cross-check any sequencing, “progression,” automation, or computed outputs for correctness; and (d) ensure you are trained/proficient for any procedures represented.
6. ACCOUNTS; SECURITY
   1. You may need an account to use certain features. You agree to provide accurate information and keep it current.
   2. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of unauthorized use.
7. USER CONTENT; PUBLISHING & SHARING
   1. User Content is the sole responsibility of the user who creates or publishes it. We do not control, endorse, or guarantee User Content.
   2. If you are a Publisher, you represent and warrant that: (a) you validated the Checklist Content against applicable Approved Sources for the aircraft/configuration it is intended to support; (b) the content is not misleading and does not omit material warnings/limitations needed for safe use; and (c) you will maintain version control and promptly update or withdraw content that becomes inaccurate, outdated, or inapplicable.
   3. If you access Publisher-created Checklist Content, you acknowledge it must be independently verified under Section 5 and is used at your own risk.
   4. We may remove, restrict, or disable any user account or User Content at any time in our discretion, without notice.
   5. We do not have an obligation to monitor, review, verify, or police User Content or Sample/Template Content for accuracy, safety, completeness, or regulatory compliance, and we do not assume any duty to do so.
8. ACCEPTABLE USE; PROHIBITED CONDUCT
   1. Your use of the Service and all User Content you provide must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not: (a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (c) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy; (d) be likely to deceive any person; (e) promote any illegal activity, or advocate, promote, or assist any unlawful act; (f) impersonate any person or misrepresent your identity or affiliation with any person or organization; (g) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (h) give the impression that they emanate from or are endorsed by us or any other person or entity.
   2. You agree not to: (i) use the Service as the sole source of flight-critical information; (ii) misrepresent the Service as FAA-certified or approved equipment; (iii) copy any portion of the Service; (iv) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Service; (v) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part thereof; (vi) remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service, including any copy thereof; (vii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any feature or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time; (viii) use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (ix) use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without Company’s prior written consent; (x) frame, mirror, or otherwise incorporate the Service or any portion of the Service as part of any other mobile application, website, or service; (xi) use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service; (xii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service; or (xiii) use the Service in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any (a) power generation systems, (b) air traffic control systems or any other transport management systems, (c) safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems, or military or aerospace applications, weapons systems, or environments.
9. Reporting Claims of Copyright Infringement
   1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Checklist Content (including User Content) or other materials accessible on or through the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

• 1. If you believe that material you published on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Service may be found) and that you will accept service from the person (or an agent of that person) who provided the Service with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

• 1. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

1. EXPORTS; PRINTING; OFFLINE USE
   1. Exported or printed checklists may be incomplete, stale, or incorrectly formatted depending on device and settings. You must verify any exported/printed materials before use.
   2. Synchronization and offline caching may fail or present outdated data. You are responsible for verifying currency and correctness.
2. SUBSCRIPTIONS; FEES; TAXES; BILLING
   1. Certain features may require a paid subscription. Fees, features, and billing intervals are disclosed at purchase.
   2. Unless you cancel before renewal, your subscription will automatically renew and you authorize us (and our payment processor) to charge your payment method.
   3. You are responsible for applicable taxes.
   4. You may cancel at any time via your account settings. Cancellation typically takes effect at the end of the current billing period unless otherwise required by law.
   5. Fees are non-refundable except as required by law or as expressly stated at purchase.
3. THIRD-PARTY SERVICES

The Service may integrate with third-party services (e.g., Apple, Google, payment processors). Third-party services are governed by their terms. We are not responsible for third-party services.

1. INTELLECTUAL PROPERTY
   1. The Service, including its software, design, text, content and branding (excluding User Content), is owned by us or our licensors and protected by law.
   2. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal use.
   3. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, display, and transmit your User Content as needed to provide and improve the Service and to enable sharing features you choose.
2. PRIVACY

Our collection and use of personal data are described in our Privacy Policy. You agree that we may collect and process personal data as described therein.

1. DISCLAIMER OF WARRANTIES

THE SERVICE AND ALL CHECKLIST CONTENT ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE AND THE CHECKLIST CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE OR ANY CHECKLIST CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ACCURRATE, COMPLETE, CURRENT OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

1. ASSUMPTION OF RISK; RELEASE

16.1. Aviation activities involve inherent risks of property damage, serious bodily injury, and death. You voluntarily assume all risks arising from or related to your access to or use of the Service and any Checklist Content, including risks arising from:

(a) errors, omissions, or inaccuracies in the Service or Checklist Content;

(b) outdated or inapplicable content;

(c) user input errors;

(d) device, battery, display, software, operating system, or hardware failures;

(e) loss of connectivity, synchronization issues, or stale cached data; and

(f) reliance on Publisher-created Checklist Content.

16.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND AGREE NOT TO SUE THE COMPANY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES FOR ANY CLAIMS, DAMAGES, LOSSES OR LIABILITY ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CHECKLIST CONTENT, INCLUDING CLAIMS ALLEGING ORDINARY NEGLIGENCE BY THE COMPANY (FOR EXAMPLE, NEGLIGENCE IN DESIGNING, PROVIDING, OPERATING, MAINTAINING, UPDATING, OR FAILING TO UPDATE OR DISPLAY THE SERVICE OR CHECKLIST CONTENT).

1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• 1. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, DEATH, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. OUR TOTAL LIABILITY FOR ALL CLAIMS, DAMAGES, LOSSES AND OTHER LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE AND THE CHECKLIST CONTENT WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, DAMAGES, LOSSES OR OTHER LIABILITY.
  3. You acknowledge that the fees (if any) reflect this allocation of risk and that we would not provide the Service without these limitations. Some jurisdictions do not allow certain limitations. In that case, liability is limited to the maximum extent permitted by law.

1. INDEMNIFICATION

You will defend, indemnify, and hold harmless the Company, its affiliates, and their respective owners, officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from or relating to:

1. your use or misuse of the Service;
2. your breach or violation of any of the terms or conditions set forth in these Terms;

(b) any User Content you create, upload, edit, publish, share, distribute, or make available (including as a Publisher);

(c) your violation of applicable laws, regulations, or manufacturer/operator procedures; and/or

(d) any incident, accident, injury, death, or property damage arising from aircraft operation in connection with your use of the Service.

1. INSURANCE; WAIVER OF SUBROGATION
   1. You agree to maintain aviation insurance appropriate to your operation, including aircraft hull/property coverage and liability coverage.
   2. To the extent your insurer pays for losses arising out of or relating to your use of the Service, you waive (and will cause your insurer to waive) any right of subrogation against the Company and its insurer(s) to the maximum extent permitted by law.
2. TERMINATION
   1. You may stop using the Service at any time. You may cancel subscriptions as described in Section 10.
   2. We may suspend or terminate your access to the Service at any time for any reason or no reason, including violation of these Terms or risk to the Service or other users.
   3. Upon termination, your license ends. Sections intended to survive will survive (including, but not limited to, Sections 4–5, 15–19, and 21–24).
3. CHANGES TO THESE TERMS

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Service so you are aware of any changes, as they are binding on you.

1. GOVERNING LAW; VENUE (MAINE)
   1. These Terms and any dispute arising out of or relating to the Service are governed by the laws of the State of Maine, without regard to conflict-of-law rules.
   2. Except where prohibited by law, any action or proceeding arising out of or relating to these Terms or the Service will be brought exclusively in:

(a) the state courts located in Cumberland County, Maine; or

(b) the United States District Court for the District of Maine located in Portland, Maine (“Maine Courts”).

• 1. You consent to personal jurisdiction and venue in Maine Courts.
  2. At Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maine law.
  3. You agree that, to the fullest extent permitted by law, you may only bring claims against us in your individual capacity, and not participate as a plaintiff, claimant or class member in any class, collective, consolidated, private attorney general or representative proceeding. This means that you may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person. This also means that you may not participate in any class, collective, consolidated, private attorney general or representative proceeding brought by any third party.

1. LIMITATIONS PERIOD

To the maximum extent permitted by law, any claim arising out of or relating to the Service must be brought by you within one (1) year after the claim accrues, otherwise it is permanently barred.

1. MISCELLANEOUS
   1. These Terms (and any referenced policies) and the Privacy Policy are the entire agreement between you and us regarding the Service, and supersede all prior or contemporaneous agreements, discussions, negotiations, promises, proposals, representations, and understandings (whether written or oral) between the parties.
   2. If a court of competent jurisdiction or any arbitrator declares any provision of these Terms to be invalid, unlawful or unenforceable as drafted, the parties intend for that provision to be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If a provision cannot be so amended and construed, it will be severed, and the remaining provisions will remain unimpaired and in full force and effect to the fullest extent permitted by law.
   3. No course of dealing, failure by Company to require the strict performance of any obligation assumed by you hereunder, or failure by Company to exercise any right or remedy constitutes a waiver or causes a diminution of the Company’s rights or your obligations under these Terms. No provision of these Terms may be deemed to have been waived by any act or knowledge of Company, but only by a written instrument signed by a duly authorized representative of Company. Waiver by Company of any default does not constitute a waiver of any other or subsequent default.
   4. You may not assign these Terms without our consent. We may freely assign these Terms at our discretion.
   5. We are not liable for delays or failures due to events beyond our reasonable control.
   6. Notices to us must be sent to support@flycrosscheck.com and/or our address above. We may provide notices to you electronically to the email address we have for you on file.
2. CONTACT

Questions about these Terms: support@flycrosscheck.com