Terms of Service
These Terms of Service (the “Terms”) are a legal agreement between you and OrangeTree Technologies LLC, a North Carolina limited liability company doing business as HangarOS (“HangarOS,” “we,” “us,” or “our”).
These Terms apply both to Schools (the organizations that hold a paying Account, also called “Customer,” defined in Section 1.8) and to End Users (individuals — including students, instructors, and guardians — who access the Service under a School’s Account, defined in Section 1.9). Certain provisions bind End Users in their individual capacity, including the aviation disclaimer (Section 10), the warranty disclaimers and liability limitations (Sections 12–13), and the End-User dispute provisions in Section 15, Part B. Where a provision refers to “you,” it refers to whichever of these applies to you in the relevant context.
By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” and “Customer” refer to that organization.
1. Definitions
1.1 "Account" means your registered account for the Service.
1.2 "Customer Data" means any data, files, content, or information that you or your Users upload, submit, or transmit through the Service, including flight school operational records, training records, maintenance records, and student records.
1.3 "Invoicing App" means the optional Invoicing application described in Section 6 and governed by the Invoicing Module Addendum.
1.4 "Service" means the HangarOS software-as-a-service platform at hangaros.com, including all Apps, features, APIs, and mobile applications we make available.
1.5 "Subscription" means a paid subscription to one or more Apps of the Service.
1.6 "User" means an individual you authorize to access the Service through your Account, including your employees, instructors, students, mechanics, and contractors.
1.7 "Payment Processor" means a third-party payment processor we engage to process Subscription payments. The current Payment Processor is identified in our Subprocessor List, and may change from time to time on notice in accordance with Section 9 and our Data Processing Agreement.
1.8 "School" (also referred to as "Customer") means the flight school, training provider, or other organization that registers for and holds the paying Account for the Service. A School contracts with us in a business and commercial capacity for its internal business purposes, and is the counterparty to these Terms with respect to its Subscription.
1.9 "End User" means the subset of Users (Section 1.6) who are natural persons accessing the Service through a login associated with a School's Account in their individual (non-business) capacity — including a student, a parent or guardian, or a renter. End User excludes the School's employees, instructors, contractors, and other staff acting within the scope of their work for the School, who are treated as the School for purposes of these Terms (including Section 15). An End User is not a Customer and does not hold the Subscription. Where these Terms refer specifically to "End Users" (including Section 15, Part B), they mean this subset; general references to "Users" continue to mean all authorized individuals under Section 1.6.
2. Eligibility
2.1 Age and capacity. You must be at least 18 years old and have the legal capacity to enter into a binding contract, except that an individual who is 13 to 17 years old (a "Minor User") may hold and use an End-User account if, and only for so long as, a parent or legal guardian has provided verified consent as described in Section 2.1.1. No person under 13 years of age may create or use an account or the Service under any circumstances.
2.1.1 Parent/guardian consent for Minor Users. Verified parent or legal guardian consent is a condition of a Minor User's account and access. For a Minor User, the parent or legal guardian co-accepts these Terms on the Minor User's behalf, and that consent is intended to bind the Minor User's account to these Terms (including the limitations of liability and the waivers defined elsewhere in these Terms, and the End-User dispute provisions in Section 15, Part B). Until guardian consent is recorded, a Minor User's account remains in a pending, limited state and full functionality is withheld. The flight school is responsible for ensuring any parental or guardian consent required by law is obtained for its Minor Users (see Section 14). The mechanism by which a guardian accepts and that acceptance is recorded is described in Section 15.15.
2.2 The Service is intended for users in the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local law.
2.3 You must comply with all applicable laws and regulations in your use of the Service.
2.4 Governing law and venue. These Terms are governed by the laws of the State of North Carolina. Dispute resolution, governing law, and venue are governed comprehensively by Section 15.
3. Account Registration and Security
3.1 Registration. To use the Service, you must create an Account and provide accurate name, email address, and password. We may collect additional information (such as phone number for multi-factor authentication) as part of the registration flow.
3.2 Account security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account. You must enable multi-factor authentication where required by the Service and notify us immediately at security@hangaros.com if you suspect unauthorized access.
3.3 One Account per individual. You may not create multiple Accounts for a single individual or share Account credentials. Each User must have their own credentials.
3.4 False information. We may suspend or terminate any Account containing inaccurate, false, or incomplete information.
4. Subscription, Trials, and Billing
4.1 Apps and pricing. The Service is composed of individual applications ("Apps"). You may subscribe to any App or combination of Apps; no App is a required base. Apps are licensed per location: each App you enable is licensed separately for each of your locations, so a School operating two locations that enables one App holds two App licenses for that App. Current Apps and pricing are published at hangaros.com/pricing. Prices are in U.S. Dollars.
4.2 Two-phase free trial. New subscriptions begin with a two-phase free trial. We may, at our sole discretion, extend a trial period for any account; any such extension is granted case by case, is not guaranteed, and creates no entitlement to future extensions. The two phases are:
- Phase 1 (no card required): Up to 14 days of access without a payment method on file.
- Phase 2 (card on file): Up to an additional 14 days of access after you add a valid payment method, for a combined trial of up to 28 days before the first charge.
You may cancel at any time during either phase. If you cancel before the end of Phase 2, you will not be charged. At the end of Phase 2, your Account will convert to a paid Subscription unless you have cancelled.
4.3 Small Flight School Program. Eligible schools may participate in the Small Flight School Program, which is governed by a separate Program Agreement. Eligibility and terms are set forth in that agreement.
4.4 Billing cycle. Paid Subscriptions are billed in advance on a monthly or annual cycle as selected by you. Annual Subscriptions are charged once per year.
Switching from monthly to annual takes effect immediately and prorates a credit for the unused portion of the current monthly cycle against the new annual charge.
Switching from annual to monthly takes effect at the end of your current annual term. Your annual term remains in effect until then; no refund or proration applies to the unused remainder of the annual term.
Adding an App takes effect immediately and is prorated for the remainder of your current billing cycle, so if you add an App halfway through a cycle you are charged approximately half of that App's cycle price for the partial period.
Removing an App takes effect immediately. When you remove an App, we credit the unused portion of what you already paid for that App to your account as account credit, calculated from the date of removal through the end of the current billing cycle.
4.5 Automatic renewal. Your Subscription automatically renews at the end of each billing cycle at the then-current price unless you cancel before the renewal date.
4.6 Payment method. You authorize us and our Payment Processor to charge your payment method for all fees, taxes, and other amounts owed. Payment method information is collected by the Payment Processor through hosted fields; HangarOS does not store full payment card numbers on its servers.
4.7 Price changes. We may change pricing on at least 30 days' notice before the start of your next billing cycle. If you do not agree to a price change, you may cancel before the new price takes effect.
4.8 Taxes. All fees are exclusive of taxes. You are responsible for all sales, use, value-added, and similar taxes applicable to your Subscription. We will collect such taxes at checkout where required by law.
4.9 Refunds. Fees are generally non-refundable. We may issue a refund in two circumstances: (a) at our sole discretion, or (b) where a refund is required by law. If you cancel, you retain access through the end of your then-current billing cycle and will not be charged again. Where we owe you value for an unused portion of a paid App (for example, on removal or downgrade), we ordinarily provide it as account credit under Sections 4.4 and 4.11 rather than as a cash refund.
4.10 Failed payment. If a charge fails, we may attempt to re-charge your payment method, suspend the Service, or terminate your Subscription. You remain responsible for amounts owed plus any reasonable costs of collection.
4.11 Downgrades and account credit. If you remove an App or downgrade, the change takes effect immediately and we credit the unused portion to your account as described in Section 4.4. Account credit is applied automatically against each subsequent invoice until it is depleted. Account credit has no cash value except where a refund is required by law, is non-transferable, and may be used only toward future HangarOS charges. To prevent abuse, we may decline to issue, or may reverse, credit arising from repeated add-and-remove cycling or other patterns intended to extract credit rather than use the Service in good faith. After a downgrade you may lose access to features and to data that depended on the removed App; we are not responsible for loss of access to such features or data following a downgrade.
4.12 Chargebacks. If you initiate a chargeback on a payment that is later resolved in our favor or determined to be invalid, you are responsible for the sum of (a) the disputed amount, (b) the chargeback fee imposed on us by our payment processor for that chargeback, and (c) a flat administrative fee of $35 (the "Chargeback Amount"). The $35 fee reflects a reasonable estimate of the processing and administrative costs we incur to research and respond to a chargeback, and is not a penalty. We recover the Chargeback Amount as follows, and we do not re-charge the disputed transaction to your card:
- (i) Account credit first. If you have account credit, we apply the Chargeback Amount against your available account credit immediately.
- (ii) Next invoice. To the extent account credit does not cover the Chargeback Amount, we add the remainder to your next invoice as a line item, and we will give you at least 15 days' notice before the close of the billing period in which that charge will appear.
- (iii) Cancellation and debt. After receiving that notice you may cancel your Subscription, but cancellation does not extinguish the Chargeback Amount. Any unpaid portion becomes immediately due and payable as a debt; we may suspend or terminate your Account under Section 11.2 and pursue the balance through collection or small claims, and you remain responsible for the reasonable costs of collection as described in Section 4.10.
5. License and Restrictions
5.1 License grant. Subject to your compliance with these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your Subscription term.
5.2 Restrictions. You may not:
- (a) copy, modify, or create derivative works of the Service;
- (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law that cannot be contractually waived; before undertaking any such activity in reliance on that exception, you must provide us prior written notice at legal@hangaros.com identifying the legal basis;
- (c) rent, lease, lend, sell, sublicense, assign, distribute, or otherwise make the Service available to any third party;
- (d) remove, alter, or obscure any proprietary notices on the Service;
- (e) use the Service to build or support a competing product or service;
- (f) use the Service in violation of applicable law or these Terms;
- (g) send spam, malware, viruses, or other harmful code through the Service;
- (h) attempt to gain unauthorized access to the Service or related systems;
- (i) interfere with or disrupt the integrity, performance, or operation of the Service;
- (j) probe, scan, or test the vulnerability of the Service except through a coordinated disclosure to security@hangaros.com;
- (k) circumvent or attempt to circumvent any usage limit, rate limit, or security control; or
- (l) use the Service to train, fine-tune, or otherwise develop a machine learning model that competes with HangarOS.
5.3 API access. The Service's API is closed and not available for external use. You may not call, access, or interact with any HangarOS API endpoint outside of the Service's own user interface, and you may not use automated tools to access the Service or to circumvent rate limits or security controls. If we make an API available for external use in the future, its use will be governed by separate terms.
5.4 Acceptable Use Policy. Your use of the Service is also governed by our Acceptable Use Policy, which is incorporated into these Terms.
6. Invoicing Module
6.1 Optional App. The Invoicing App is an optional application that helps you generate invoices for your customers (such as student pilots and renters) and synchronize those invoices to the accounting or payment processor you have chosen and configured.
6.2 Invoicing Module Addendum. Your use of the Invoicing App is governed by the Invoicing Module Addendum, which is incorporated into these Terms when you enable the Invoicing App.
6.3 HangarOS does not hold funds. HangarOS does not at any time receive, hold, transmit, escrow, or otherwise handle funds in connection with the Invoicing App. Your customers pay you directly through the processor or other channels you have configured. HangarOS is a software-only orchestration layer that creates invoices in the accounting or payment processor account you have chosen, using credentials you have authorized.
6.4 No money transmission. HangarOS is not a money transmitter, money services business, payment processor, escrow agent, or financial institution with respect to your customers' payments. Any prepaid credit balance feature in the Invoicing App is a bookkeeping ledger only; the underlying funds, if any, remain in your bank account or your connected processor account.
7. Customer Data
7.1 Ownership. As between you and us, you retain all right, title, and interest in and to Customer Data. We claim no ownership of Customer Data.
7.2 License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Customer Data solely to (a) provide and maintain the Service, (b) prevent or address service, security, or technical issues, (c) perform backups and disaster recovery, (d) comply with legal obligations, and (e) enforce these Terms. This license terminates when Customer Data is deleted from the Service, except that we may retain Customer Data in backups, audit logs, or as required by law for the periods described in our Privacy Policy and Data Processing Agreement.
7.3 No use for marketing or AI training. We do not use Customer Data for marketing, advertising, or to train generative AI or machine learning models, except (a) as you separately authorize in writing or (b) for in-product features that operate solely on your own Customer Data to serve your own Users (such as our platform AI assistant, Avio).
7.4 Customer responsibilities. You represent and warrant that:
- (a) you have all rights necessary to upload Customer Data and to authorize us to process it;
- (b) Customer Data and your use of the Service do not violate the privacy, publicity, intellectual property, or contractual rights of any third party;
- (c) you have provided all required notices and obtained all required consents from your Users and from data subjects;
- (d) Customer Data does not contain malicious code, defamatory material, or unlawful content; and
- (e) you are responsible for maintaining your own backups of Customer Data critical to your operations.
7.5 Content monitoring. We have no obligation to monitor Customer Data, but we may review, remove, or disable access to Customer Data that violates these Terms or applicable law, and we may cooperate with law enforcement in any investigation.
8. Intellectual Property
8.1 Service ownership. The Service, including all software, content (other than Customer Data), features, designs, trademarks, logos, and documentation, is owned by HangarOS or its licensors and is protected by U.S. and international intellectual property laws.
8.2 Trademarks. "HangarOS," the HangarOS logo, and other HangarOS marks are trademarks of OrangeTree Technologies LLC. You may not use our trademarks without our prior written consent.
8.3 Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use and incorporate such feedback into the Service or any other product without any obligation to you.
8.4 Aggregated and anonymized data. We may collect, generate, and use aggregated, anonymized, or de-identified data derived from the operation of the Service for analytics, benchmarking, product improvement, and similar purposes, provided that such data does not identify you or any User.
9. Third-Party Services
9.1 Third-party services. The Service relies on and integrates with third-party services, including our Payment Processor (as defined in Section 1.7), infrastructure providers, analytics providers, and the accounting or payment processors you choose to connect. The current and authoritative list of subprocessors and integrated third-party services, including the identity of the Payment Processor then in effect, is maintained at hangaros.com/legal/subprocessors.
9.2 Customer's third-party services. If you connect a third-party service to your Account (such as an accounting or payment processor, Google, or Microsoft Entra ID for SSO), your use of that service is governed by the terms and privacy policies of that third party, and you authorize us to interact with that service on your behalf to the extent necessary to provide the Service.
9.3 No endorsement. A third-party integration is not an endorsement. We are not responsible for any third-party service, and we disclaim all liability arising from any third-party service to the maximum extent permitted by law.
10. Aviation Disclaimer
10.1 Management tool only. The Service is a scheduling, recordkeeping, and operational support tool only. The Service is not a substitute for any record, document, inspection, maintenance program, training program, certification, endorsement, or compliance procedure required by the Federal Aviation Administration ("FAA") or any other authority.
10.2 Regulatory compliance is yours. You are solely responsible for compliance with all applicable aviation laws and regulations, including without limitation Title 14 of the Code of Federal Regulations Parts 61 and 141. The Service does not guarantee compliance with any FAA requirement, airworthiness directive, service bulletin, manufacturer maintenance schedule, training course outline, or regulatory mandate.
10.3 Maintenance and airworthiness. Maintenance tracking, squawk tracking, work order, AD/SB, inspection, and component-tracking features are for informational and organizational convenience only. You must not rely solely on the Service to determine aircraft airworthiness, return-to-service status, or compliance with any maintenance requirement. Airworthiness determinations and return-to-service decisions remain the sole responsibility of the aircraft owner, operator, and appropriately certificated maintenance personnel. Any person who uses the Service to record or indicate an airworthiness determination, a return-to-service action, or the clearing of a maintenance discrepancy represents and warrants, each time they do so, that they personally hold the certificate(s), rating(s), and legal authority required to make that determination, that they have independently verified the determination outside of the Service using authoritative records and their own professional judgment, and that they are not relying on the Service as the basis for that determination. The Service records the action; the person taking it is solely responsible for its correctness.
10.4 Training records. Lesson reports, stage checks, endorsements, graduation certificates, and other training records generated by the Service are for organizational convenience. You are solely responsible for ensuring that records meet the recordkeeping requirements of 14 CFR Parts 61 and 141 (as applicable to you) and for retaining records for the periods required by those rules. Any person who uses the Service to issue, sign, or record a training endorsement, stage-check result, or graduation certificate represents and warrants, each time they do so, that they personally hold the flight instructor or other certificate and authority required to make that endorsement, that the underlying requirements have been met and independently verified outside of the Service, and that they are not relying on the Service to determine a student's eligibility or a requirement's satisfaction.
10.5 No aviation advice. HangarOS does not provide aviation advice, legal advice, maintenance recommendations, training recommendations, or regulatory guidance. Nothing in the Service should be construed as such advice. You should consult qualified aviation professionals, legal counsel, and the FAA for guidance on compliance.
10.6 AI features are advisory only. The Service includes AI-assisted features (including but not limited to lesson report drafting, squawk analysis, maintenance intelligence, weather risk advisory, student progress analysis, and document assistance). Outputs from AI features are drafts and suggestions only. They may be incomplete, inaccurate, or wrong. They are not a substitute for the professional judgment of a certificated flight instructor, certificated mechanic, chief instructor, or other qualified person. You must independently review and verify any AI-generated content before relying on it for any operational, training, maintenance, or regulatory purpose.
10.7 Allocation of liability for aviation operations. The operational, airworthiness, maintenance, training, and regulatory-compliance decisions made through or recorded in the Service are the sole responsibility of the School and the certificated individuals making them, and HangarOS is not liable for those decisions, for how the Service is used, or for any resulting aircraft accident or incident, missed or incorrect maintenance, regulatory violation, enforcement or certificate action, grounding, or personal injury or property damage. This allocation does not purport to disclaim liability that cannot be disclaimed under applicable law, including liability arising from HangarOS's own negligence in the software itself; any such liability that cannot lawfully be disclaimed remains subject to the limitation of liability and the cap in Section 13.
10.8 Authority and independent verification. Every sign-off, approval, certification, endorsement, or determination recorded through the Service is the act of the individual making it, taken on that individual's own authority and professional judgment. By taking any such action in the Service, that individual represents that they are authorized by law to take it and have independently verified its basis. HangarOS provides the recordkeeping tool only and does not make, direct, or approve any such determination.
11. Suspension and Termination
11.1 Termination by you. You may cancel your Subscription at any time through your Account settings or by emailing support@hangaros.com. Cancellation takes effect at the end of your then-current billing cycle.
11.2 Termination by us. We may suspend or terminate your Account, with or without notice, if:
- (a) you breach these Terms;
- (b) you fail to pay fees when due;
- (c) we are required to do so by law or by a governmental or regulatory authority;
- (d) your use of the Service creates a security, legal, or operational risk to us or to other users; or
- (e) we discontinue the Service, in which case we will provide at least 30 days' prior notice.
11.3 Effect of termination. Upon termination:
- (a) your license to use the Service ends immediately;
- (b) we may suspend or disable access to your Account;
- (c) you remain liable for all fees accrued through the termination date;
- (d) we will retain Customer Data for 30 days after termination to allow export, after which we may permanently delete Customer Data subject to retention required by law (including FAA recordkeeping rules); and
- (e) Sections 5.2, 6.3, 6.4, 7.2, 8, 9.3, 10, 12, 13, 14, 15, and 17–19 survive.
11.4 Data export. During the 30-day post-termination retention period, you may export your Customer Data through Account self-service tools or by emailing support@hangaros.com. Exports are provided in commonly used machine-readable formats (such as CSV or JSON).
11.5 FAA-mandated retention. Notwithstanding the deletion timeline above, we may retain Customer Data that constitutes a record we are required by law to preserve, including records governed by 14 CFR Part 141.101 or similar rules, for the period required by such law. After the legal retention period, such data may be deleted.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, HANGAROS DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE; THAT DATA WILL NOT BE LOST OR CORRUPTED; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
WE DO NOT GUARANTEE ANY SPECIFIC UPTIME OR AVAILABILITY UNLESS YOU HAVE A SEPARATE WRITTEN SERVICE LEVEL AGREEMENT WITH US.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF CUSTOMER DATA CRITICAL TO YOUR OPERATIONS.
USE OF THE SERVICE IS AT YOUR OWN RISK.
13. Limitation of Liability
13.1 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF HANGAROS AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
- (a) THE TOTAL AMOUNT YOU PAID TO HANGAROS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
- (b) ONE HUNDRED U.S. DOLLARS ($100).
13.2 Excluded damages. IN NO EVENT SHALL HANGAROS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OPPORTUNITIES, GOODWILL, OR REPUTATION, OR FOR THE COST OF SUBSTITUTE SERVICES, EVEN IF HANGAROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).
13.3 Basis of the bargain. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION 13 ARE A MATERIAL PART OF THE BARGAIN BETWEEN YOU AND HANGAROS AND THAT HANGAROS WOULD NOT PROVIDE THE SERVICE WITHOUT THEM.
13.4 Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
13.5 Aggregate cap; no multiplication of liability. THE CAP IN SECTION 13.1 IS AN AGGREGATE CAP THAT APPLIES IN THE AGGREGATE TO ALL CLAIMS BY A SCHOOL AND ALL OF ITS END USERS AND OTHER AUTHORIZED USERS, TAKEN TOGETHER. THE EXISTENCE OF MORE THAN ONE CLAIM OR CLAIMANT UNDER A SCHOOL'S ACCOUNT DOES NOT ENLARGE THE CAP.
13.6 Application to End Users and protection of affiliates. Because access to the Service is gated on acceptance of these Terms (Section 15.16), each End User accepts and is bound by these Terms as a party, and the limitations, exclusions, and disclaimers in Sections 12 and 13 apply directly to and bind each End User, including students. The cap is also restated directly to End Users in Section 15.14. As a backstop, to the extent any individual is deemed a non-signatory (for example, a parent or guardian who does not hold an account), THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN SECTIONS 12 AND 13 ARE INTENDED TO, AND DO, PROTECT HANGAROS AND ITS AFFILIATES AGAINST CLAIMS BROUGHT BY SUCH NON-SIGNATORIES, TO THE FULLEST EXTENT PERMITTED BY LAW. Each HangarOS affiliate, and each of their respective officers, directors, employees, contractors, and agents, is an intended third-party beneficiary of Sections 12 and 13. This Section 13.6 is an express exception to Section 19.10.
14. Indemnification
You agree to defend, indemnify, and hold harmless HangarOS, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- (a) your use of the Service;
- (b) your breach of these Terms;
- (c) your violation of any rights of another party, including intellectual property or privacy rights;
- (d) Customer Data, including any claim that Customer Data infringes or violates the rights of any third party;
- (e) your use of the Invoicing App, including any claim from your customers, dispute related to invoices, chargeback, or fraudulent activity;
- (f) your aviation operations, including any regulatory violation, accident, incident, or enforcement action;
- (g) your violation of any applicable law; or
- (h) the acts, omissions, or claims of your End Users and students, your administration of their logins and access, and any dispute between you and your End Users or students relating to the Service.
We may assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate in asserting available defenses.
14.2 Flow-down to your students and End Users. You are solely responsible for your relationships with your students and other End Users. You will maintain your own agreements with your students and End Users that include terms at least as protective of HangarOS as these Terms — including the disclaimers, liability limitations, and the class-action and jury-trial waivers in Sections 12, 13, and 15 — and you will obtain any consents necessary for your students and End Users to use the Service (including, where applicable, the consents described in Section 15, Part B, and Section 2.1.1). Your failure to do so does not diminish your obligations to us, and any resulting claim is subject to your indemnity above. HangarOS may make available a model student-agreement rider containing the minimum terms a School should incorporate; a School's use of that rider does not relieve it of responsibility for obtaining the acceptances and consents required for its students and End Users.
15. Dispute Resolution (Two-Tier: School Arbitration / End-User Court)
15.1 How disputes are resolved depends on who you are. Section 15 establishes two separate dispute-resolution tracks. Part A applies to Schools (business customers, as defined in Section 1.8) and requires binding arbitration. Part B applies to End Users (students and other individuals, as defined in Section 1.9) and resolves disputes in court, with no arbitration. If there is any question about which track applies to a given person or dispute, the track is determined by that person's status under Sections 1.8–1.9 at the time the dispute arises. Where a single dispute involves both a School and one or more End Users, Part A (arbitration) governs as to the School, and a claim that is purely between an End User and HangarOS is governed by Part B.
Part A — Schools (Business Customers): Binding Arbitration
15.2 Scope and commercial capacity. This Part A applies to any dispute, claim, or controversy between a School and HangarOS arising out of or relating to these Terms or the Service. The School represents and warrants that it is entering into these Terms solely in a business and commercial capacity for its internal business purposes, and not as a consumer. The School waives any argument that its disputes are subject to consumer-arbitration rules or consumer-protection procedures.
15.3 Mandatory pre-arbitration notice and negotiation. Before commencing arbitration, the complaining party must send a written notice of dispute to the other (to HangarOS at legal@hangaros.com) describing the claim and the relief sought, and the parties will negotiate in good faith to resolve it for a period of 30 days from receipt of that notice. Neither party may file an arbitration until that period has elapsed; the limitations period is tolled while the parties negotiate.
15.4 Binding arbitration under AAA Commercial Rules. Except as provided in Section 15.5, any dispute under this Part A that is not resolved under Section 15.3 shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (the "Commercial Rules"), and not its Consumer Arbitration Rules or Supplementary Procedures for Consumer-Related Disputes. The Commercial Rules are available at adr.org. The arbitration will be conducted by a single neutral arbitrator. For any claim where the amount in controversy is less than $100,000, the AAA's Expedited Procedures apply, and the arbitration shall be decided on the documents (desk arbitration) without an in-person hearing where the AAA's rules permit. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
15.5 Small-claims and injunctive carve-outs. Notwithstanding Section 15.4, either party may (a) bring a qualifying individual dispute in small claims court if it qualifies and remains in that court, and (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.
15.6 Class-action and mass-arbitration waiver. THE SCHOOL AND HANGAROS 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, REPRESENTATIVE, MASS, OR MULTI-PARTY ACTION OR ARBITRATION. The arbitrator may not consolidate or join more than one party's claims and may not preside over any class, collective, representative, mass, or multi-party proceeding. If this Section 15.6 is found unenforceable as to a particular claim, that claim (and only that claim) shall be severed and proceed in court, and the remainder of Part A continues to apply.
15.7 Arbitration fees and costs (prevailing party, capped). The arbitrator may award the prevailing party its reasonable attorneys' fees and the AAA filing, administration, and arbitrator fees it advanced. The total amount of fees and costs that may be awarded against either party under this Section 15.7 shall not exceed $1,000, regardless of the amount in controversy. This is a fixed cap that applies equally to both parties and is intended to preserve a measure of cost-recovery for the prevailing party while protecting each party from disproportionate or open-ended fee exposure. This cap applies to the shifting of attorneys' fees and advanced AAA fees between the parties; it does not change either party's own obligation to pay AAA administrative and arbitrator fees as the AAA assesses them under the Commercial Rules. For purposes of this Section, the arbitrator shall determine which party, if any, is the prevailing party, including in the case of a split or partial result.
15.8 Seat, venue, and governing law (Part A). The seat and venue of the arbitration is Wake County (Raleigh), North Carolina, and these Terms are governed by the laws of the State of North Carolina, consistent with Section 15.17. The arbitration will be conducted in the English language.
15.9 Confidentiality of proceedings. The existence of, submissions in, and award resulting from any arbitration under this Part A are confidential, except as necessary to enforce or challenge an award, to comply with law, to pursue available relief, or to disclose to a party's own legal, financial, or professional advisors or regulators.
Part B — Students and End Users: Court (No Arbitration)
15.10 No arbitration for End Users. This Part B applies to End Users (Section 1.9). End-User disputes are NOT subject to arbitration. Any dispute, claim, or controversy between an End User and HangarOS arising out of or relating to these Terms or the Service shall be brought and resolved exclusively in court as set out below.
15.11 Small claims first; court and venue. Subject to Section 15.14, an End User and HangarOS agree that any qualifying dispute will be brought in small claims court and must remain in that court. Because HangarOS's liability to an End User is capped at a low amount under Sections 13.1 and 15.14, most End-User disputes are expected to fall within the small claims limit. For any dispute that exceeds the jurisdictional limit of small claims court, or that a small claims court declines to hear, the exclusive jurisdiction and venue are the state and federal courts located in Wake County (Raleigh), North Carolina, and each party consents to personal jurisdiction there. In all cases, claims are brought on an individual basis in accordance with Section 15.12.
15.12 Class-action waiver (End Users). TO THE FULLEST EXTENT PERMITTED BY LAW, EACH END USER AND HANGAROS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, WHETHER IN SMALL CLAIMS COURT OR IN COURT UNDER SECTION 15.11, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR MULTI-PARTY ACTION. This waiver is the primary protection in Part B and survives termination. If it is found unenforceable as to a claim, that claim proceeds on an individual basis to the extent possible, and the remainder of these Terms remains in effect.
15.13 Jury-trial waiver (End Users). TO THE FULLEST EXTENT PERMITTED BY LAW, EACH END USER AND HANGAROS WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
15.14 Disclaimers and liability cap extended to End Users. The disclaimers of warranties (Section 12), the limitation of liability and the aggregate cap (Section 13, including Sections 13.5–13.6), and the aviation disclaimer (Section 10) apply to and protect HangarOS in any End-User dispute to the same extent as in a School dispute. For the avoidance of doubt, HangarOS's total cumulative liability to any End User for all claims arising out of or relating to these Terms or the Service shall not exceed the cap stated in Section 13.1 (the greater of the amount paid to HangarOS in the preceding three months, or $100); because an End User typically pays HangarOS nothing directly, this cap will ordinarily resolve to $100 as to that End User. This Section 15.14 states the cap directly to End Users in addition to the third-party-beneficiary protection in Section 13.6. Small claims court remains available to End Users as an ordinary matter of court access; no separate clause is required.
15.15 Minors; parental or guardian acceptance. Flight schools may enroll students who are 13 to 17 years old, who may use the Service only on the terms set out in Section 2.1.1. Where a Minor User uses the Service, the School represents that it has obtained any parental or guardian consent required by law, and the parent or guardian co-accepts these Terms on the minor's behalf.
Provisions Applicable to Both Tiers
15.16 Acceptance is required to use the Service. Access to the Service is gated on acceptance of these Terms: you cannot access, click within, or use any part of the Service until you have affirmatively accepted these Terms (for example, by checking an "I agree" box or clicking an "I agree" button presented with a conspicuous link to these Terms). Each individual who is to use the Service, including each student and other End User, must complete this acceptance before being granted access, and for a Minor User a parent or legal guardian must also accept as described in Sections 2.1.1 and 15.15. By accepting, and by thereafter using the Service, you agree to be bound by these Terms.
15.17 Governing law. These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws principles, and the UN Convention on Contracts for the International Sale of Goods does not apply. Governing law is consistent across Part A (Section 15.8) and Part B (Section 15.11).
15.18 Relationship to the Data Processing Agreement. Where HangarOS processes student or other personal data on a School's behalf, that processing is governed by the Data Processing Agreement, which is incorporated by reference and not restated here. The School is responsible for its own compliance with any laws applicable to its records and its students.
16. DMCA Copyright Policy
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"). Our full DMCA Policy, including notice requirements, counter-notification procedures, and our designated agent's contact information, is published at hangaros.com/legal/dmca. Notices may be sent to dmca@hangaros.com or to:
HangarOS — DMCA Agent 4801 Glenwood Ave, Suite 200, Mailbox 31 Raleigh, NC 27612
We will terminate the Accounts of repeat infringers in appropriate circumstances.
17. Privacy and Data Processing
17.1 Privacy Policy. Our Privacy Policy describes how we collect, use, and share personal information. By using the Service, you agree to the Privacy Policy.
17.2 Data Processing Agreement. Where applicable, our Data Processing Agreement governs our processing of personal data on your behalf and is incorporated into these Terms.
18. Changes to These Terms
18.1 Modifications. We may modify these Terms from time to time. If we make material changes, we will provide notice by (a) posting updated Terms with a new effective date and (b) emailing the address associated with your Account.
18.2 Effective date. Material changes take effect 30 days after notice. Non-material changes (such as clarifications or formatting) take effect immediately upon posting.
18.3 Continued use. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and cancel your Subscription.
19. General Provisions
19.1 Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, Data Processing Agreement, and any module-specific addendum (collectively, the "Agreement"), constitute the entire agreement between you and HangarOS and supersede all prior agreements, communications, and proposals on the subject.
19.2 Order of precedence. In the event of a conflict, the order of precedence is: (a) a signed written agreement between you and HangarOS, (b) the Data Processing Agreement (for matters of personal data processing), (c) the applicable module addendum, (d) these Terms, (e) the Acceptable Use Policy, and (f) the Privacy Policy.
19.3 Assignment. You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.
19.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
19.5 No waiver. No waiver is effective unless in writing and signed by HangarOS. No waiver of any breach constitutes a waiver of any other breach.
19.6 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, or failures of third-party services or vendors (including our Payment Processor, hosting providers, and other subprocessors).
19.7 Export compliance. You will comply with all applicable U.S. export control and sanctions laws and represent that you are not located in, under the control of, or a national or resident of any country or party subject to U.S. embargo or designation as a sanctioned party.
19.8 U.S. Government users. The Service is a "commercial item" as defined in 48 C.F.R. § 2.101 and is provided with only the rights granted to all other users under these Terms.
19.9 Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship.
19.10 No third-party beneficiaries. Except as expressly provided in Sections 13.6 and 14 (each of which names intended third-party beneficiaries), these Terms are for the benefit of you and HangarOS only and create no rights in any other person.
19.11 Notices. Notices to you may be sent to the email associated with your Account. Notices to HangarOS must be sent to legal@hangaros.com or by mail to the address in Section 20.
19.12 Language. These Terms are written in English. Any translation is for convenience only; the English version controls.
19.13 California residents. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
19.14 Headings. Section headings are for convenience only and do not affect interpretation.
20. Contact
OrangeTree Technologies LLC d/b/a HangarOS 4801 Glenwood Ave, Suite 200, Mailbox 31 Raleigh, NC 27612 United States
General: legal@hangaros.com
Support: support@hangaros.com
Billing: billing@hangaros.com
Security: security@hangaros.com
Abuse: abuse@hangaros.com
DMCA: dmca@hangaros.com
Last updated: June 30, 2026.

