Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the 5-by-5 mobile application (the "App") operated by BlueSky Applications LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

5-by-5 is a mobile application designed to help co-owners and members of shared aircraft groups coordinate scheduling, track flights, manage maintenance, monitor pilot currency, and handle group administration. The App is a convenience and coordination tool only.

3. Account Registration

To use the App, you must create an account with a valid email address. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Accept responsibility for all activity that occurs under your account

You must be at least 18 years old to create an account.

4. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable regulations
• Impersonate any person or entity
• Upload malicious content, viruses, or harmful code
• Attempt to gain unauthorized access to other users' accounts or data
• Use the App to harass, abuse, or harm other users
• Reverse engineer, decompile, or disassemble the App
• Scrape, data-mine, or automatically collect data from the App
• Share your account credentials with others
• Use the App as a substitute for any legally required recordkeeping

5. Subscription Plans and Payments

5.1 Free and Paid Tiers

5-by-5 offers a free tier with limited features and paid subscription plans (Club and Club Pro) with additional capabilities. Feature availability is described on our website and within the App.

5.2 Billing

Paid subscriptions are calculated on a per-member basis and billed as a single charge per billing period (monthly or annual) through Stripe, Inc. By subscribing, you authorize recurring charges to your payment method at the applicable rate based on your group's current member count.

5.3 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes take effect at the start of your next billing period after the notice period.

5.4 Cancellation

You may cancel your subscription at any time through the Manage Subscription feature in the App. Upon cancellation:

• Your paid features remain active until the end of your current billing period
• No further charges will be made
• Your group will revert to the free tier at the end of the paid period

5.5 Refunds

Subscription payments are generally non-refundable. If you believe you have been charged in error, contact us at support@blueskyapplications.com within 14 days of the charge, and we will review your request.

6. User Content

You retain ownership of all content you upload to the App (photos, flight records, notes, etc.). By uploading content, you grant us a limited, non-exclusive license to store, display, and process that content solely for the purpose of providing the App's services to you and your group members.

You are solely responsible for the accuracy and legality of content you upload. We may remove content that violates these Terms.

7. Group Administration

Aircraft groups within the App have designated roles (Owner, Admin, Member). Group owners and admins are responsible for managing group membership, including invitations and removals. BlueSky Applications is not a party to any co-ownership agreement, operating agreement, or financial arrangement between group members.

8. Intellectual Property

The App, including its design, code, features, and branding, is the property of BlueSky Applications LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the App without our written permission.

9. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The App will be uninterrupted, error-free, or secure
• Data entered into the App will be preserved indefinitely
• The App will meet any regulatory or certification requirements
• Any calculations, currency tracking, or maintenance reminders are accurate or complete

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUESKY APPLICATIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Aviation Disclaimer

5-by-5 is a scheduling, coordination, and record-keeping convenience tool. It is provided for informational and organizational purposes only. By using the App, you acknowledge and agree that:

1. Not a certified logbook. 5-by-5 is not an FAA-approved electronic logbook. Flight records entered into 5-by-5 do not satisfy the requirements of 14 CFR 61.51 or any other regulatory logbook requirement. You must maintain a separate, compliant pilot logbook as required by FAA regulations.
2. Not an airworthiness tool. Maintenance tracking, squawk reports, and tach-time calculations in 5-by-5 are for convenience only. They do not constitute an aircraft maintenance record, do not satisfy the requirements of 14 CFR 91.417, and are not a substitute for the aircraft's official maintenance logbooks maintained by a certified mechanic or repair station.
3. Not a regulatory compliance tool. Pilot currency calculations, medical expiration tracking, and flight review reminders are approximate aids only. The pilot in command is solely responsible for ensuring compliance with all applicable regulations before every flight.
4. No operational authority. 5-by-5 does not provide flight planning, weather briefing, weight-and-balance, or any other operational service. Nothing in the App constitutes operational guidance or an endorsement of the airworthiness of any aircraft.
5. Pilot responsibility. The pilot in command has final authority and responsibility for the safe operation of the aircraft. No feature of 5-by-5 diminishes or replaces this responsibility. All go/no-go decisions, regulatory compliance, and safety determinations rest solely with the pilot in command.
6. Data accuracy. BlueSky Applications does not verify the accuracy of any data entered by users, including flight times, maintenance records, or pilot certifications. You are responsible for verifying all information independently.

13. Indemnification

You agree to indemnify, defend, and hold harmless BlueSky Applications LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of another person or entity.

14. Termination

We may suspend or terminate your access to the App at any time, with or without cause, with or without notice. You may terminate your account at any time by using the account deletion feature in Settings. Upon termination, your right to use the App ceases immediately, and we may delete your data in accordance with our Privacy Policy.

If we terminate your account without cause (i.e., not due to a violation of these Terms), we will refund any prepaid subscription fees for the unused portion of your current billing period on a prorated basis. No refund is owed if your account is terminated for a violation of these Terms.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of Washington, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before filing any formal legal action, you agree to contact us at support@blueskyapplications.com and attempt to resolve the dispute informally for at least 30 days.

15.3 Arbitration

If we cannot resolve a dispute informally, any dispute arising from these Terms or your use of the App shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Seattle, Washington. You agree to waive any right to a jury trial or to participate in a class action.

15.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms in the App or via email. Your continued use of the App after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the App.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and BlueSky Applications regarding the App.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights at any time.

18. Contact Us

If you have questions about these Terms of Service, contact us at:

BlueSky Applications LLC
Email: support@blueskyapplications.com
Website: blueskyapplications.com