Jetaxia Terms of Service

1. Introduction and Acceptance

1.1 About Jetaxia

Jetaxia is a trade name and brand operated by Aviluxe Aviation LLC, a Texas limited liability company (collectively, "Jetaxia," "we," "us," or "our"). Notwithstanding the word "Aviation" in its legal name, Aviluxe Aviation LLC d/b/a Jetaxia is a technology company that operates an online software platform. Jetaxia does not itself own, operate, fuel, store, maintain, detail, coat, wash, clean, ground handle, inspect, or perform any physical aviation service on any aircraft.

Jetaxia operates an online platform that connects aircraft owners, aircraft operators, aircraft management companies, charter companies, fixed base operators, trip support companies, maintenance organizations, charter brokers, and similar aviation businesses (collectively, "Customers") with independent third party service providers ("Vendors") who perform aircraft detailing, coating, cleaning, ground handling, line services, and related aviation support services (the "Services"). Jetaxia additionally provides coordination tools for trip support partners, FBOs, MROs, charter brokers, and similar intermediaries ("Trip Support Partners" or "TSPs") who book Services on behalf of Customers or refer Customers to the Platform.

1.2 Scope of Terms

These Terms of Service (the "Terms"), together with our Privacy Policy, Billing Terms, Vendor Agreement (for Vendors), and any other agreements, addenda, or policies that Jetaxia may publish or present to you on the Platform from time to time (collectively, the "Agreement"), govern your access to and use of the Jetaxia website at jetaxia.com, the Jetaxia web and mobile applications, application programming interfaces, branded booking forms, and all related features, tools, content, and services we provide (collectively, the "Platform").

1.3 Binding Agreement

BY ACCESSING, REGISTERING FOR, OR USING THE PLATFORM, INCLUDING BY CLICKING "I AGREE," CREATING AN ACCOUNT, SUBMITTING A BOOKING, ACCEPTING A BOOKING AS A VENDOR, OR OTHERWISE INDICATING ASSENT, YOU AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.

1.4 Authority to Bind

If you are accepting the Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that (a) you have full legal authority to bind that entity to the Agreement, (b) you have read and understand the Agreement, and (c) you agree to the Agreement on that entity's behalf. In such case, "you" and "your" refer to that entity.

1.5 Dispute Resolution Notice

THE AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 20. BY ACCEPTING THE AGREEMENT, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS. PLEASE READ SECTION 20 CAREFULLY.

1.6 Eligibility

You must be at least 18 years old and capable of forming a legally binding contract under applicable law. The Platform is intended for commercial aviation businesses and their authorized representatives, not for personal, family, or household use.

2. Definitions

For purposes of the Agreement:

"Aircraft" means any fixed wing, rotary wing, lighter than air, or unmanned aerial vehicle, together with its engines, propellers, avionics, interior fittings, exterior surfaces, paint, coatings, windows, appliances, components, parts, and accessories, that is the subject of a Booking.

"Booking" means a request for Services submitted through the Platform by or on behalf of a Customer, and accepted by a Vendor, which creates a contractual obligation for the Vendor to perform the Services described therein.

"Customer" means any Operator, aircraft owner, aircraft manager, charter company, FBO, trip support company, or other end user who books Services through the Platform, or on whose behalf Services are booked.

"FBO" means a Fixed Base Operator providing aviation services at an airport.

"Operator" means the entity exercising operational control of the Aircraft, which may or may not be the Aircraft's registered owner.

"Services" means any aircraft detailing, coating, cleaning, polishing, interior refurbishment, exterior washing, ground handling, line service, disinfection, fueling coordination, catering coordination, cosmetic maintenance service, or similar service performed on or in connection with an Aircraft, as well as any other service Vendors may offer through the Platform from time to time.

"Stripe" means Stripe, Inc. and its affiliates, Jetaxia's third party payment processor.

"Trip Support Partner or TSP" means a trip support company, FBO, MRO, charter broker, or similar intermediary that uses the Platform to book Services on behalf of Operator clients or refers Operators to the Platform, including through branded or white labeled booking experiences.

"Vendor" means any independent service provider, contractor, applicator, detailing company, ground service provider, or similar entity that has been accepted onto the Platform pursuant to the Vendor Agreement and that offers or performs Services through the Platform.

"Vendor Agreement" means the written Vendor Services Agreement, Vendor Code of Conduct, and any related vendor facing policies that each Vendor executes as a condition of participating in the Platform.

3. The Platform: Nature and Scope of Jetaxia's Role

3.1 Platform as Technology Intermediary

Jetaxia operates an online technology platform that facilitates the discovery, scheduling, assignment, communication, documentation, and payment coordination between Customers and Vendors. Jetaxia is a technology company, not an aviation services company. Jetaxia does not itself:

• (a) own, operate, lease, fuel, store, maintain, handle, clean, detail, coat, inspect, or perform any physical service on any Aircraft;
• (b) employ, train, certify, supervise, or direct the work of any Vendor or any of a Vendor's personnel;
• (c) provide or furnish tools, equipment, chemicals, materials, consumables, or supplies used by Vendors in performing Services;
• (d) warrant, guarantee, or assume responsibility for the quality, safety, timeliness, legality, completeness, outcome, or results of any Service performed by any Vendor;
• (e) inspect, verify, or certify the condition of any Aircraft before, during, or after a Service; or
• (f) act as an insurer, warrantor, or guarantor of any Vendor's performance.

3.2 Vendors Are Independent Contractors

Each Vendor is an independent contractor. Vendors are not employees, agents, representatives, franchisees, joint venturers, partners, or subcontractors of Jetaxia. No agency, employment, partnership, joint venture, or fiduciary relationship exists or is created between Jetaxia and any Vendor, Customer, or TSP by reason of the Agreement or use of the Platform. Vendors control the means, methods, manner, and details of performing their Services and are solely responsible for their acts, omissions, personnel, equipment, chemicals, tools, and work product.

3.3 Vendor Assignment by Jetaxia

Customers acknowledge and agree that Jetaxia, and not the Customer, is responsible for identifying, vetting, onboarding, and matching Vendors to Bookings on the Platform. Customers do not select individual Vendors. By submitting a Booking, the Customer authorizes Jetaxia to assign an onboarded Vendor (or, in Jetaxia's discretion, multiple Vendors or a subcontracted Vendor crew) to perform the Services at the specified location and time.

Notwithstanding Jetaxia's role in vetting and assigning Vendors:

• (a) Vendor vetting is limited to baseline onboarding checks such as business registration verification, insurance certificate collection, and reputational review. Vetting is not an endorsement, guarantee, certification, or warranty of any Vendor's qualifications, competence, safety record, skill, financial condition, insurance adequacy, or fitness to perform any particular Service on any particular Aircraft;
• (b) Jetaxia's assignment of a Vendor is a logistical and administrative convenience, not an assumption by Jetaxia of responsibility for the Vendor's performance or the Services;
• (c) the Vendor remains solely and exclusively responsible for the performance of the Services and for any damage, injury, loss, or claim arising from or related to the Services, as set forth in Section 6; and
• (d) by proceeding with a Booking after a Vendor has been assigned, the Customer accepts the assigned Vendor and the terms of the Agreement.

3.4 Payment Facilitation Separate From Service Provision

Although Jetaxia acts as merchant of record for the limited purpose of processing payments for Services booked through the Platform (see Section 5 and the Billing Terms), such payment facilitation is strictly and exclusively a financial and administrative function. Jetaxia's role as merchant of record does not, and shall not be construed to:

• (a) make Jetaxia the provider, supplier, guarantor, or warrantor of any Service;
• (b) create any implied warranty of merchantability, fitness for a particular purpose, workmanlike performance, or quality with respect to any Service;
• (c) transfer to Jetaxia any liability, obligation, or duty of the Vendor arising from the performance or non performance of any Service;
• (d) create a principal agent, employer employee, or similar relationship between Jetaxia and any Vendor, Customer, or TSP; or
• (e) alter the allocation of risk, liability, indemnification, or insurance obligations set forth in the Agreement or in the Vendor Agreement.

The parties acknowledge that Jetaxia's role as merchant of record is a convenience for streamlining payment workflows and is separate from, and independent of, the underlying service obligation between Customer and Vendor.

3.5 Trip Support Partners

Where a Booking is submitted by or through a TSP, the TSP acts as a booking coordinator and referral intermediary. Jetaxia remains the merchant of record for the transaction. The TSP is not a reseller of the Services, is not Jetaxia's agent, and is not a co vendor or subcontractor. TSP specific obligations and rights will be set forth in a separate Trip Support Partner Agreement when executed; until and unless such agreement is executed, a TSP's use of the Platform is governed by these Terms together with any Platform rules applicable to TSPs.

3.6 Branded and White Labeled Booking Experiences

From time to time, Jetaxia may offer TSPs, FBOs, or other partners the ability to present the Platform under the partner's brand, logo, colors, or domain ("Branded Booking"). Branded Booking is a cosmetic presentation layer only. Notwithstanding the visual appearance of any Branded Booking experience:

• (a) the Customer's contractual counterparty for payment is Jetaxia;
• (b) the underlying service provider is the Vendor;
• (c) the underlying platform operator is Jetaxia;
• (d) the partner presenting the Branded Booking experience is a referral partner and does not assume the responsibilities, liabilities, or obligations of a merchant, seller, service provider, or warrantor; and
• (e) all terms and limitations in this Agreement apply with full force to any Booking submitted through a Branded Booking experience.

4. Accounts, Access, and Responsibilities

4.1 Account Registration

To access most features of the Platform, you must register an account. You agree to (a) provide accurate, current, and complete information, (b) maintain and promptly update your account information, (c) maintain the confidentiality of your credentials, and (d) accept responsibility for all activities that occur under your account.

4.2 Account Security

You are responsible for safeguarding your password, two factor authentication codes, API keys, and any other credentials. You must notify Jetaxia immediately at support@jetaxia.com of any unauthorized use of your account or any other breach of security. Jetaxia is not liable for any loss or damage arising from your failure to comply with this Section 4.2.

4.3 Account Types

The Platform supports multiple account types, including Customer accounts, Vendor accounts, TSP accounts, and administrative accounts. Each account type is subject to the Agreement. Vendors are additionally subject to the Vendor Agreement, and TSPs may be subject to a Trip Support Partner Agreement when executed. In the event of a conflict between these Terms and a type specific agreement signed by a user, the type specific agreement controls with respect to the subject matter it addresses.

4.4 Suspension and Termination

Jetaxia reserves the right, in its sole discretion, to suspend, restrict, or terminate any account at any time, with or without notice, including but not limited to for violations of the Agreement, fraud, payment failures, chargebacks, safety concerns, legal requirements, or reputational risk to the Platform.

4.5 No Resale or Sublicense

You may not resell, sublicense, transfer, or provide access to the Platform to any third party without Jetaxia's prior written consent. Each account is issued to a single entity and is not transferable.

5. Payments, Merchant of Record, and Fees

5.1 Merchant of Record Status

Jetaxia acts as the merchant of record for all payments processed through the Platform for Services. When you pay for Services, your payment obligation for those Services is discharged by payment to Jetaxia. Jetaxia then separately compensates Vendors through the Vendor payout process described in Section 5.5 and in the Vendor Agreement.

5.2 Limitation of Merchant of Record Role

Notwithstanding Section 5.1, Jetaxia's role as merchant of record is strictly limited to payment facilitation. It does not:

• (a) make Jetaxia responsible or liable for the performance or non performance of any Service;
• (b) extend any warranty, express or implied, regarding the Services;
• (c) transfer Vendor liability for damage, injury, or loss to Jetaxia; or
• (d) alter the allocation of risk set forth elsewhere in the Agreement.

5.3 Pricing, Fees, and Taxes

Pricing for Services is displayed on the Platform at the time of Booking and may include Vendor service charges, Jetaxia platform fees, payment processing pass through costs, travel or call out fees, materials surcharges, fuel surcharges, and applicable taxes. Certain pricing may be negotiated between Jetaxia and specific Customers or TSPs and reflected in Customer specific or TSP specific arrangements. Where required by law, Jetaxia will collect and remit applicable sales, use, or similar transaction taxes; you remain responsible for any tax Jetaxia is not required to collect.

5.4 Stored Payment Methods and Authorization to Charge

By providing a payment method and maintaining it on file through Jetaxia's "Setup Billing" flow, or by providing a payment method at checkout, you expressly authorize Jetaxia and Stripe to:

• (a) store a tokenized representation of your payment method (Jetaxia does not store full card numbers, CVV or CVC codes, or full bank account numbers);
• (b) charge your stored payment method for per Booking invoices upon Service completion;
• (c) charge your stored payment method for weekly consolidated invoices under the Weekly Net 30 billing mode, if approved for such mode, upon the applicable due date;
• (d) charge your stored payment method for any other invoice arising under the Agreement; and
• (e) retry charges and initiate reasonable collection processes for failed or declined payments.

This authorization is a continuing authorization until revoked by you in writing with reasonable advance notice, provided that revocation does not affect payment obligations for Services already rendered or invoiced.

5.5 Vendor Payouts

Vendors receive payment via Stripe Connect after Jetaxia's receipt of the corresponding Customer payment, net of Jetaxia's platform fee and any applicable chargeback, refund, dispute, or offset amounts. Payout timing, holdbacks, reserves, and related matters are governed by the Vendor Agreement and by Stripe's terms. Jetaxia may, in its sole discretion, delay or withhold payouts where fraud, chargebacks, disputes, regulatory holds, service deficiencies, or damage claims are pending.

5.6 Use of Stripe

All payment processing is performed by Stripe pursuant to the Stripe Services Agreement available at stripe.com/legal. By using the Platform's payment features, you also agree to be bound by the Stripe Services Agreement, as updated by Stripe from time to time. Stripe handles the secure storage and processing of full card and bank account data; Jetaxia receives only limited tokenized and display level information. Payment processing issues arising from Stripe's systems, policies, or practices are governed by Stripe's terms and Stripe's Privacy Policy at stripe.com/privacy. Jetaxia is not liable for Stripe's acts, omissions, outages, or policies.

5.7 Chargebacks, Disputes, and Failed Payments

If you initiate a chargeback with your card issuer or bank, you agree to cooperate with Jetaxia and to provide information necessary to investigate and respond. If a chargeback is resolved in Jetaxia's favor, you remain obligated for the original charge plus any fees assessed by card networks, banks, or Stripe. Repeated chargebacks, failed payments, or other payment related violations may result in account suspension, termination, billing mode changes (for example, movement from Weekly Net 30 to prepayment required), required deposits, or other remedies at Jetaxia's discretion.

5.8 Refunds

Refund requests are evaluated on a case by case basis and are subject to Jetaxia's discretion, applicable law, and the policies of any Vendor or third party whose charges are subject to the request. Approved refunds are processed to the original payment method where practical and may take 5 to 10 business days to appear, depending on your financial institution. In lieu of refunds, Jetaxia may issue credits for future use on the Platform.

5.9 Detailed Billing Rules

Additional billing rules, including billing modes, late fees, Net 30 mechanics, dispute deadlines, currency, and changes to billing terms, are set forth in the Billing Terms, which are incorporated herein by reference.

6. Vendor Assignment and Aircraft Damage Liability

THIS SECTION 6 IS CRITICAL. IT ALLOCATES LIABILITY FOR AIRCRAFT DAMAGE AND SERVICE DEFICIENCIES AND APPLIES TO ALL USERS OF THE PLATFORM.

6.1 Vendor Assignment and Acceptance of Services

Jetaxia identifies, vets, and assigns Vendors to Bookings. Although the Customer does not select the Vendor, the Vendor is at all times an independent contractor responsible for its own work. By submitting a Booking, the Customer (a) authorizes Jetaxia to assign a Vendor to perform the Services, (b) accepts the assigned Vendor as an independent contractor providing the Services, and (c) agrees that the allocation of liability in this Section 6 applies regardless of which Vendor is assigned.

6.2 Vendor Is Solely Responsible for Services and Aircraft Damage

The Vendor is solely and exclusively responsible for:

• (a) the performance of the Services, including all means, methods, techniques, sequences, procedures, tools, equipment, chemicals, materials, and personnel used;
• (b) the safety of its personnel, the Customer's personnel, third parties, and all Aircraft while Services are being performed;
• (c) any and all damage, loss, destruction, diminution in value, contamination, corrosion, scratching, denting, staining, discoloration, coating failure, chemical reaction, paint damage, avionics damage, interior damage, tire damage, window damage, overspray, chemical drift, water intrusion, or any other physical or economic harm to any Aircraft, its components, or property in, on, or near any Aircraft that arises out of, results from, is caused by, or is connected to the performance or non performance of the Services, whether by the Vendor, its employees, agents, subcontractors, invitees, or any other person acting on the Vendor's behalf;
• (d) compliance with all applicable laws, regulations, manufacturer specifications, OEM requirements, FAA regulations, airport rules, FBO rules, environmental laws, occupational safety laws, and industry standards in performing the Services;
• (e) obtaining and maintaining all licenses, permits, certifications, badges, airport access credentials, and authorizations necessary to perform the Services;
• (f) the quality, workmanship, fitness for purpose, and conformity of the Services to the Booking description and generally accepted industry standards; and
• (g) any claim for damage, injury, death, contamination, business interruption, diminution in value, or loss of use of any Aircraft arising from the Services.

6.3 No Jetaxia Liability for Aircraft Damage or Service Deficiencies

Notwithstanding Jetaxia's role in vetting, assigning, and matching Vendors, and notwithstanding the payment flow under which Customer payments are routed through Jetaxia to Vendors, Jetaxia is not a provider of the Services and is not responsible or liable, in any manner or to any extent, for:

• (a) any damage to, loss of, destruction of, or diminution in value of any Aircraft, its components, its contents, or any property in, on, or near any Aircraft;
• (b) any bodily injury, illness, or death of any person, whether a Vendor's employee, a Customer's employee, a third party, or otherwise;
• (c) any delay, non performance, defective performance, or deficiency in any Service;
• (d) any environmental contamination, chemical spill, hazardous materials incident, or regulatory violation arising from any Service;
• (e) any theft, vandalism, or unauthorized access to any Aircraft;
• (f) any FAA, airport, FBO, or regulatory violation or enforcement action arising from any Service; or
• (g) any consequential loss, including loss of use of Aircraft, loss of charter revenue, diminished aircraft value, grounded aircraft costs, or reputational harm.

Customer acknowledges and agrees that its sole recourse with respect to any claim arising out of or relating to the performance or non performance of Services is against the Vendor, and the Vendor's insurers, and not against Jetaxia, any TSP, any FBO presenting a Branded Booking experience, or any of their affiliates, officers, directors, employees, or agents.

6.4 TSP and FBO Non Liability

TSPs and FBOs that facilitate Bookings through the Platform, including through Branded Booking experiences, are not providers of the Services, do not select Vendors, and are not responsible or liable for any damage, loss, injury, or deficiency arising out of or relating to the performance or non performance of any Service. Customer's sole recourse for Service related claims is against the Vendor.

6.5 Vendor Insurance Primary and Non Contributory

The Vendor's insurance shall be primary and non contributory with respect to any claim arising out of or relating to the Services, and any insurance maintained by Jetaxia, a TSP, an FBO, or a Customer shall be excess, secondary, and non contributory. Per the Vendor Agreement, Vendors shall name Jetaxia (and, where requested, the applicable Customer, TSP, and FBO) as additional insureds on the Vendor's commercial general liability and aviation liability policies, with waivers of subrogation in favor of such additional insureds.

6.6 Damage Claim Procedure

Any claim of damage to an Aircraft arising out of Services must be:

• (a) reported to Jetaxia via the Platform and in writing to the assigned Vendor within seventy two (72) hours after the Services are completed or the damage is first discovered, whichever is earlier;
• (b) documented with photographs, videos, maintenance logbook entries, and any other available evidence;
• (c) inspected by a qualified, independent aviation maintenance technician prior to further use of the Aircraft, where feasible; and
• (d) preserved in its damaged condition to the extent possible until the Vendor's insurer has had an opportunity to inspect.

Failure to follow this claim procedure does not bar a claim against a Vendor, but may materially prejudice the claim. Jetaxia may, but is not obligated to, assist in coordinating communication between Customer and Vendor regarding the claim. Any such assistance is a courtesy and not an assumption of liability.

6.7 No Jetaxia Claim Adjudication

Jetaxia is not an insurer, adjuster, arbitrator, or court. Jetaxia does not adjudicate damage claims, allocate fault, or determine compensation between Customers and Vendors. Such claims are to be resolved directly between Customer, Vendor, and their respective insurers. However, Jetaxia reserves the right, in its sole discretion, to (a) place payment holds or reserves on Vendor payouts where a credible damage claim is pending, and (b) suspend or terminate Vendor access pending resolution.

6.8 Aircraft Owner and Operator Responsibility

Customers booking Services represent and warrant that they have the right and authority to authorize Services on the Aircraft, including any required consent of the Aircraft's registered owner, lienholder, lessor, or insurer. Customer is solely responsible for determining whether any Service is compatible with the Aircraft's warranties, coatings, OEM specifications, insurance policies, airworthiness directives, or maintenance program. Customer is responsible for providing accurate Aircraft information, including tail number, make, model, serial number, coatings history, and known sensitivities or restrictions, to Jetaxia at the time of Booking so that it may be conveyed to the assigned Vendor.

7. Customer Obligations

In addition to the other obligations in the Agreement, Customers agree to:

• (a) provide accurate and complete Aircraft and Booking information, including tail number, make, model, location, known coating history, and any special handling requirements or restrictions;
• (b) ensure the Aircraft is accessible at the agreed location and time, and coordinate any required airport or FBO access;
• (c) maintain the authority and consents necessary to authorize Services on the Aircraft;
• (d) pay all invoices in accordance with Section 5 and the Billing Terms;
• (e) inspect Services upon completion and report deficiencies or damage within the timeframes specified in Section 6.6;
• (f) not use the Platform to solicit, coerce, or induce any Vendor to perform services off Platform in circumvention of Jetaxia's role as merchant of record; and
• (g) comply with all applicable laws, airport rules, FBO rules, and aviation regulations.

8. Vendor Obligations

Vendors are bound by the Vendor Agreement in addition to these Terms. Without limitation, Vendors agree to:

• (a) perform Services in a safe, workmanlike, and professional manner consistent with industry standards, manufacturer specifications, and applicable law;
• (b) maintain the insurance coverages required by the Vendor Agreement, including aviation ground handling or hangarkeepers, commercial general liability with aviation endorsements, workers' compensation, commercial auto, and environmental or pollution coverage as applicable, and name Jetaxia (and, where requested, Customers, TSPs, and FBOs) as additional insureds;
• (c) carry and maintain all required licenses, permits, credentials, and airport badges;
• (d) employ trained, competent, and legally authorized personnel;
• (e) use appropriate chemicals, tools, and equipment;
• (f) comply with environmental, hazardous materials, and occupational safety laws;
• (g) accept sole responsibility for Aircraft damage as set forth in Section 6 and in the Vendor Agreement;
• (h) not solicit Customers to perform services off Platform in circumvention of Jetaxia's role as merchant of record;
• (i) cooperate with damage claim investigations and insurance inquiries;
• (j) maintain accurate records and provide documentation upon reasonable request; and
• (k) comply with Jetaxia's Anti Corruption Policy and Vendor Code of Conduct.

9. Trip Support Partner Obligations

Until and unless a separate Trip Support Partner Agreement is executed, TSPs using the Platform are subject to these Terms. Without limitation, TSPs agree that:

• (a) they are booking coordinators and referral partners, not resellers, vendors, or Jetaxia agents;
• (b) they shall not make representations or warranties about Services beyond those displayed on the Platform;
• (c) Branded Booking experiences are cosmetic, and the underlying Platform, merchant of record, and Vendor relationships are unchanged;
• (d) they shall obtain authorization from Operator clients before booking Services on their behalf;
• (e) they shall comply with applicable privacy and data handling obligations when submitting Customer information to the Platform; and
• (f) they shall not use the Platform to circumvent Jetaxia's role as merchant of record or to facilitate off Platform transactions with Vendors discovered through the Platform.

10. Intellectual Property

10.1 Jetaxia IP

The Platform, including all software, designs, user interfaces, databases, content, trademarks, logos, service marks, trade dress, documentation, and know how, is owned by Aviluxe Aviation LLC d/b/a Jetaxia or its licensors and is protected by intellectual property laws. Jetaxia grants you a limited, revocable, non exclusive, non transferable, non sublicensable license to access and use the Platform solely as permitted by the Agreement.

10.2 Restrictions

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

• (a) copy, modify, distribute, sell, license, or create derivative works of the Platform;
• (b) reverse engineer, decompile, or disassemble the Platform, except to the extent such restriction is prohibited by law;
• (c) scrape, index, harvest, or otherwise extract data from the Platform, except as expressly authorized by Jetaxia in writing;
• (d) use the Platform to develop or train any competitive product or service, including any machine learning model;
• (e) remove, obscure, or alter any proprietary notices on the Platform;
• (f) use the Platform to transmit malicious code or conduct security attacks; or
• (g) use Jetaxia's trademarks without prior written permission, except that TSPs and FBOs may use Jetaxia's marks within Branded Booking experiences as authorized by Jetaxia in writing.

10.3 Feedback

If you provide Jetaxia with suggestions, ideas, feedback, or proposed improvements ("Feedback"), you grant Jetaxia a perpetual, irrevocable, worldwide, royalty free, sublicensable, transferable license to use the Feedback for any purpose without obligation to you.

10.4 Your Content and Data

You retain ownership of the content and data you submit to the Platform ("Your Content"). You grant Jetaxia a worldwide, non exclusive, royalty free license to host, store, copy, process, transmit, display, and use Your Content as necessary to provide the Platform, and in aggregated and de identified form for analytics, platform improvement, and benchmarking purposes.

11. Confidentiality

Each party that receives non public, proprietary, or confidential information from another party ("Confidential Information") shall (a) use such information only to perform its obligations or exercise its rights under the Agreement, (b) protect such information with at least the same degree of care as it uses to protect its own confidential information (but in no event less than reasonable care), and (c) not disclose such information to third parties except to employees, contractors, and advisors with a need to know who are bound by confidentiality obligations no less protective than those herein. Confidential Information does not include information that is publicly known through no fault of the receiving party, independently developed without use of the disclosing party's information, or rightfully received from a third party without confidentiality obligations.

12. Data, Privacy, and Security

Jetaxia's collection, use, and disclosure of personal information is described in the Privacy Policy, which is incorporated herein by reference. You agree that Jetaxia may share information among Customers, Vendors, and TSPs as reasonably necessary to facilitate Bookings, Services, billing, and platform operations. Jetaxia implements commercially reasonable security measures, but no system is perfectly secure, and Jetaxia does not warrant that the Platform will be uninterrupted or error free.

13. Platform Use, Prohibited Conduct, and Enforcement

13.1 Prohibited Conduct

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

• (a) use the Platform for any unlawful, fraudulent, deceptive, or harmful purpose;
• (b) misrepresent your identity, affiliation, qualifications, or credentials;
• (c) circumvent the Platform's payment processing, take rate, or billing systems;
• (d) book Services you do not intend to pay for, or perform Services you do not intend to deliver;
• (e) solicit, coerce, or induce any Platform user to transact off Platform for Services discovered through the Platform;
• (f) interfere with, disrupt, or compromise the Platform's security, availability, or integrity;
• (g) use automated means to access, scrape, or interact with the Platform except through authorized APIs;
• (h) submit false, misleading, or defamatory content, reviews, or information;
• (i) harass, threaten, or discriminate against other users; or
• (j) violate any applicable aviation safety, environmental, labor, tax, privacy, anti corruption, sanctions, or export control law.

13.2 Enforcement

Jetaxia may investigate suspected violations and may, in its sole discretion, issue warnings, suspend accounts, terminate accounts, withhold payouts, refuse to process future Bookings, cooperate with law enforcement, pursue civil claims, and take any other action available at law or in equity.

14. Third Party Services and Content

The Platform may integrate with or link to third party services, including Stripe for payments, FlightAware for flight data, mapping providers, email providers, and others. Third party services are governed by their own terms and privacy policies. Jetaxia does not endorse, warrant, or assume responsibility for any third party service, and your use of third party services is at your own risk.

15. Warranties and Disclaimers

15.1 Limited Platform Warranty

Jetaxia warrants only that it will provide the Platform in a commercially reasonable manner consistent with industry standards applicable to similar software platforms.

15.2 Disclaimer of All Other Warranties

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 15.1, THE PLATFORM, ALL SERVICES FACILITATED THROUGH THE PLATFORM, AND ALL CONTENT, DATA, AND MATERIALS PROVIDED OR MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. JETAXIA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, WORKMANLIKE PERFORMANCE, QUIET ENJOYMENT, ACCURACY, RELIABILITY, AVAILABILITY, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

JETAXIA MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY VENDOR, ANY SERVICE, OR THE RESULTS OF ANY SERVICE. JETAXIA DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, OR BE SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

15.3 No Reliance

You acknowledge that you are not relying on any representation or warranty not expressly set forth in the Agreement.

16. Limitation of Liability

16.1 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JETAXIA, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS INTERRUPTION, LOSS OF USE, DIMINUTION IN VALUE OF AIRCRAFT, LOSS OF CHARTER REVENUE, GROUNDED AIRCRAFT COSTS, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE AGREEMENT, THE PLATFORM, OR ANY SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF JETAXIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Aggregate Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JETAXIA'S TOTAL, CUMULATIVE, AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF PLATFORM FEES PAID BY YOU TO JETAXIA, EXCLUDING AMOUNTS PAID THROUGH TO VENDORS, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

16.3 Basis of the Bargain

You acknowledge that the disclaimers in Section 15 and the limitations in this Section 16 are an essential basis of the bargain between you and Jetaxia, and that Jetaxia would not enter into the Agreement without them. These limitations apply even if any limited remedy fails of its essential purpose.

16.4 No Limitation Where Prohibited

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such limitations are prohibited, Jetaxia's liability shall be limited to the maximum extent permitted by law.

17. Indemnification

17.1 Indemnification by You

You shall defend, indemnify, and hold harmless Aviluxe Aviation LLC d/b/a Jetaxia, its affiliates, and each of their officers, directors, employees, agents, successors, and assigns (the "Jetaxia Indemnitees") from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:

• (a) your breach of the Agreement;
• (b) your violation of any law, regulation, or third party right;
• (c) your use of the Platform;
• (d) in the case of Vendors, the performance or non performance of any Service, including any damage to any Aircraft and any personal injury;
• (e) in the case of Customers, any claim by a Vendor, insurer, owner, lienholder, or third party related to a Booking or Aircraft, except to the extent caused by Vendor's own negligence or misconduct in performing the Services (for which the Vendor is responsible under Section 6);
• (f) in the case of TSPs, any claim by an Operator client, Vendor, or other party related to a Booking submitted or facilitated by the TSP; and
• (g) your gross negligence or willful misconduct.

17.2 Procedure

The Jetaxia Indemnitees shall give you reasonably prompt notice of any claim subject to indemnification. Jetaxia shall have the right to control the defense of any claim and to approve any settlement affecting the Jetaxia Indemnitees. You shall cooperate fully with the Jetaxia Indemnitees in defending any claim.

18. Term, Termination, and Effect of Termination

18.1 Term

The Agreement commences on your first acceptance and continues until terminated.

18.2 Termination by You

You may terminate the Agreement by closing your account and ceasing use of the Platform. Termination does not relieve you of obligations accrued prior to termination, including outstanding invoices, damage claims, or indemnification obligations.

18.3 Termination by Jetaxia

Jetaxia may suspend or terminate the Agreement or your account at any time, with or without cause, and with or without notice.

18.4 Survival

Sections 1 (Acceptance), 2 (Definitions), 3 (Platform Role), 5.7 through 5.9 (Chargebacks, Refunds, Billing Terms), 6 (Aircraft Damage Liability), 10 (IP), 11 (Confidentiality), 12 (Privacy), 15 (Disclaimers), 16 (Liability Limits), 17 (Indemnification), 18.4 (Survival), 19 (Force Majeure), 20 (Dispute Resolution), and 21 (General) survive termination of the Agreement.

19. Force Majeure

No party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, weather, pandemic, war, terrorism, civil unrest, labor disputes, governmental actions, airport or airspace closures, FAA directives, embargoes, sanctions, internet or utility outages, cyber attacks, or supplier failures (each a "Force Majeure Event"). The affected party shall use reasonable efforts to mitigate and resume performance. This section does not excuse payment obligations for Services already performed.

20. Dispute Resolution, Arbitration, and Class Action Waiver

20.1 Informal Dispute Resolution

Before initiating arbitration, the parties shall attempt in good faith to resolve any dispute by notice to the other party at support@jetaxia.com (for disputes raised against Jetaxia) or at the email address on file (for disputes raised by Jetaxia), describing the dispute in reasonable detail, for a period of thirty (30) days.

20.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to the Agreement, the Platform, or any Services ("Dispute"), other than the Carve Outs in Section 20.4, shall be resolved exclusively through final, binding, individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect. Arbitration shall take place in Tarrant County, Texas, or, at your election for Disputes under $100,000, by documents only or by telephone or video. The arbitrator's award shall be final and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

20.3 Class Action Waiver

YOU AND JETAXIA 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable, then the entirety of Section 20.2 shall be null and void, but the remainder of the Agreement shall remain in effect.

20.4 Carve Outs

Notwithstanding Section 20.2, either party may (a) bring an individual action in small claims court, (b) seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights or confidential information, and (c) pursue claims relating to non payment of undisputed invoices in court.

20.5 Opt Out

You may opt out of Sections 20.2 and 20.3 by sending written notice to Jetaxia at support@jetaxia.com within thirty (30) days of first accepting the Agreement, stating your name, account, and intent to opt out. The subject line of the notice should include the phrase "Arbitration Opt Out." Opting out does not affect other terms of the Agreement.

20.6 Governing Law; Venue for Non Arbitrable Matters

The Agreement is governed by the laws of the State of Texas, without regard to conflict of laws principles. For any matter not subject to arbitration under this Section 20, the parties consent to the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas.

20.7 Attorneys' Fees

In any action to enforce the Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, except as otherwise provided by applicable arbitration rules.

21. General Provisions

21.1 Entire Agreement

The Agreement, including all documents incorporated by reference, constitutes the entire agreement between you and Jetaxia regarding its subject matter and supersedes all prior or contemporaneous understandings.

21.2 Amendments

Jetaxia may modify the Agreement from time to time by posting an updated version on the Platform or by providing notice. Material changes will be communicated with reasonable advance notice. Your continued use of the Platform after the effective date constitutes acceptance.

21.3 Severability

If any provision is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to be enforceable.

21.4 No Waiver

No failure or delay in exercising any right constitutes a waiver. Waivers must be in writing and signed by the waiving party.

21.5 Assignment

You may not assign or transfer the Agreement or any rights without Jetaxia's prior written consent, and any purported assignment in violation is void. Jetaxia may assign or transfer the Agreement without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

21.6 Relationship of the Parties

The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency, fiduciary, or employment relationship.

21.7 No Third Party Beneficiaries

Except for the Jetaxia Indemnitees (Section 17) and the TSPs and FBOs identified as protected parties in Section 6.4, the Agreement is not intended to confer rights on any third party.

21.8 Notices

Notices to Jetaxia shall be sent to support@jetaxia.com or to the mailing address in Section 21.13. Notices to you may be sent by email to your registered address or via in Platform notification.

21.9 Electronic Signatures and Records

You consent to electronic signatures and to receiving the Agreement, notices, and all other communications electronically.

21.10 Export Compliance and Sanctions

You 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. sanctions or export controls, and you shall comply with all applicable export laws and sanctions regulations.

21.11 Headings

Headings are for convenience only and do not affect interpretation.

21.12 Interpretation

The word "including" means "including without limitation." Words in the singular include the plural and vice versa.

21.13 Contact

Questions, disputes, and billing inquiries:

Aviluxe Aviation LLC d/b/a Jetaxia

4115 Wild Azalea Ave

Fort Worth, TX 76116

Email: support@jetaxia.com

Phone: (682) 900-5811