Effective Date: January 16, 2026
Last Updated: January 16, 2026
1. Acceptance of Terms
Welcome to Flying Gizmo ("Company", "we", "our", or "us"). By accessing or using our website at flyinggizmo.com (the "Site") and any applications or services we provide (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
2. Description of Services
Flying Gizmo provides custom software development services specializing in aviation technology solutions, including but not limited to:
- Custom application development tailored to client specifications
- System integration with existing technology infrastructure
- Web-based applications for aviation and FAA operations
- Consulting services for aviation technology solutions
3. Intellectual Property Rights
3.1 Our Property
All content, features, and functionality on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof, are owned by Flying Gizmo and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
3.2 Custom Development Projects
For custom development projects, intellectual property ownership will be explicitly defined in separate written agreements between Flying Gizmo and the client. Unless otherwise specified in a written contract:
- Flying Gizmo retains ownership of all proprietary tools, frameworks, and methodologies used in development
- Client-specific customizations may be owned by the client as specified in the project agreement
- Any pre-existing intellectual property remains the property of its original owner
3.3 Restrictions
You may not:
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission
- Reverse engineer, decompile, or disassemble any software provided as part of the Services
- Remove or modify any copyright, trademark, or other proprietary notices
- Use the Services to develop competing products or services
4. User Accounts and Security
4.1 Account Registration
Certain Services may require you to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breach
4.2 Account Termination
We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason at our sole discretion.
5. Acceptable Use Policy
You agree not to use the Services to:
- Violate any applicable laws or regulations
- Infringe upon the intellectual property rights of others
- Transmit any harmful, threatening, abusive, harassing, defamatory, or obscene material
- Distribute viruses, malware, or any other harmful computer code
- Attempt to gain unauthorized access to any systems or networks
- Interfere with or disrupt the Services or servers
- Impersonate any person or entity or misrepresent your affiliation
- Collect or harvest information about other users without consent
6. Custom Development Services
6.1 Project Agreements
All custom development projects require a separate written agreement that specifies:
- Scope of work and deliverables
- Timeline and milestones
- Payment terms and pricing
- Intellectual property ownership
- Support and maintenance terms
- Confidentiality obligations
6.2 Client Responsibilities
Clients engaging our custom development services agree to:
- Provide timely access to necessary systems, data, and personnel
- Respond promptly to requests for information and feedback
- Ensure all provided materials do not infringe on third-party rights
- Comply with all payment terms specified in the project agreement
7. Confidentiality
Both parties acknowledge that during the course of our business relationship, confidential information may be disclosed. We agree to:
- Keep all confidential information strictly confidential
- Use confidential information only for the purposes specified in our agreement
- Not disclose confidential information to third parties without written consent
- Return or destroy confidential information upon request or termination of services
8. Warranties and Disclaimers
8.1 Limited Warranty
We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. For custom development projects, specific warranties will be outlined in the project agreement.
8.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
- The Services will meet your specific requirements
- The Services will be uninterrupted, timely, secure, or error-free
- Any errors in the Services will be corrected
- The Services are free from viruses or other harmful components
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLYING GIZMO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Services
- Any conduct or content of any third party on the Services
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO FLYING GIZMO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless Flying Gizmo, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:
- Your access to or use of the Services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Any content you submit or transmit through the Services
11. Payment Terms
11.1 Pricing
Pricing for custom development services will be specified in individual project agreements. All prices are in U.S. dollars unless otherwise stated.
11.2 Payment
Payment terms will be outlined in project agreements and may include:
- Upfront deposits
- Milestone-based payments
- Monthly retainers
- Final delivery payments
11.3 Late Payments
Late payments may result in:
- Suspension of services until payment is received
- Late fees as specified in project agreements
- Termination of services for continued non-payment
12. Termination
12.1 Termination by Us
We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including:
- Breach of these Terms
- Non-payment of fees
- Conduct that we believe is harmful to us, other users, or third parties
- For any other reason at our sole discretion
12.2 Termination by You
You may terminate your use of the Services at any time. Termination of custom development projects will be governed by the specific project agreement.
12.3 Effect of Termination
Upon termination:
- Your right to use the Services will immediately cease
- All provisions that should survive termination will remain in effect
- You remain responsible for all fees incurred prior to termination
13. Modifications to Services and Terms
We reserve the right to modify or discontinue the Services, or these Terms, at any time with or without notice. We will make reasonable efforts to notify users of material changes. Your continued use of the Services after changes constitutes acceptance of the modified Terms.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Flying Gizmo operates, without regard to conflict of law principles.
14.2 Dispute Resolution
Any disputes arising from these Terms or the Services shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes may be resolved through binding arbitration or in the courts of competent jurisdiction.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with any project-specific agreements, constitute the entire agreement between you and Flying Gizmo regarding the Services.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
15.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
15.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
15.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Flying Gizmo
Email: admin@flyinggizmo.com
Website: flyinggizmo.com
17. Acknowledgment
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.