HeliBook Terms of Service

General Terms of Service

This is a legally binding agreement. If you do not agree to these terms, please do not use the HeliBook service or access our website. HeliBook reserves the right to modify or amend this agreement from time to time and will post notification on our website or by sending you notice by email. You are responsible for reviewing and becoming familiar with any such modifications.

Your continued use of our service following the posting of changes to this agreement will mean you accept those changes. Unless we provide you with specific notice, no changes to this agreement will apply retroactively.

Preliminary Matters

These General Terms of Service, together with all incorporated agreements, addenda, supplements, and any of HeliBook’s rules and policies (collectively the “Agreement”) are applicable to HeliBook Services and use of its Digital Properties. This Agreement is applicable as of the Effective Date by and between HeliBook, Inc. (“HeliBook,” “we”, “our” or “us”), and any individuals that use our service, including but not limited to entities that create a listing via the Service for their product or service (a “Provider”), third-parties that place reservations on behalf of particular Providers (a “Booking Agent”), and individual consumers that use the Service (a “Guest”), directly or indirectly, in any fashion, including to request a reservation with a Provider (collectively “you” or “your”).

Article 14 contains a Binding Arbitration Agreement and Class Action Waiver. It affects your legal rights. Please read it. If you live outside of the United States, some or all of Article 14 may not apply to you.

Background

Terms used in these TOS beginning with initial capital letters are defined terms, which shall have the meanings ascribed to them in Article 1 below or elsewhere in these TOS. These TOS, together with certain supplemental or additional documents referenced below, constitute the Contract between HeliBook and Provider.

HeliBook provides online software services that allow Providers to manage aspects of their business and Guests to schedule and purchase services or products from Providers (the “Services”).

The Services are provided through websites controlled by HeliBook, such as https://www.helibook.com/ (the “Website”) and through HeliBook mobile applications (the “Mobile Applications”).

The HeliBook Privacy Policy (“Privacy Policy”) is incorporated by reference into these TOS. The Privacy Policy covers our collection, use and disclosure of information obtained through our Digital Properties. In the event of a conflict between the terms of these TOS and the Privacy Policy, these TOS shall prevail.

The HeliBook Security Policy (“Security Policy”) is incorporated by reference into these TOS. The Security Policy describes the reasonable and appropriate security controls we take to protect the Services, Website, and Provider Data against foreseeable hazards.

The HeliBook Payment Services Agreement (“PSA“) is incorporated by reference into these TOS. The PSA ensures you comply with all agreements set forth by payment processing services used by Provider in connection with HeliBook Services.

The HeliBook API Agreement (“API Agreement“) is incorporated by reference into these TOS. The API Agreement sets forth the terms, obligations, and restrictions of using the HeliBook API for integrations and custom applications that access the API functionality and data.

If you are executing these TOS on behalf of a corporation or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these TOS. If you do not have such authority you may not use any of our Digital Properties or content.

If you do not agree to any part of this Contract, or are not authorized to enter into this Contract on behalf of the entity and its affiliates that will be using the Services or other Digital Properties, do not access or use any of the Services or other Digital Properties.

Agreement

Having considered and agreed to the above Preliminary Matters and the terms and conditions below, the Parties hereby mutually agree to the following:

1. Definitions

• Addendum or Addenda: Any supplements or additions to these TOS entered into in writing by HeliBook and Provider.
• Authorized Persons: Those authorized under Article 6.
• Billing Period: The period covered by a single Subscription Licensing Fee payment.
• Booking: A Guest reservation related to a Provider’s services.
• Cardholder Data: Credit card numbers and billing addresses as entered by Guests or you.
• Compiled Data: Proprietary data about the utilization of our Digital Properties by Providers and Guests, used for internal business purposes, improving the Services, and publishing aggregate statistics.
• Confidential Information: Has the meaning given in Article 7.
• Content: Any text, graphics, images, audio, video, and information or other materials.
• Contract: The entire Agreement as defined above.
• Digital Properties: The Services, the Website, the Mobile Applications, and the HeliBook API.
• Effective Date: The date you receive the Order Acceptance or first use the Purchased Services.
• Guest: The Person scheduling or purchasing products and/or services from or with Provider through our Digital Properties.
• Guest Data: Data about a Guest or the Guest’s activities furnished to HeliBook through use of the Digital Properties.
• Integrated Merchant Account: A third-party payment processor integrated with HeliBook.
• Onsite Implementation Services: Training, onboarding and/or implementation provided by HeliBook.
• Order Acceptance: The communication that HeliBook sends to you responding to a Provider Order.
• PCI DSS: The requirements of the Payment Card Industry Data Security Standard.
• Person: A natural person, corporation, partnership, limited liability company, or other legal entity.
• Providers or HeliBook Providers: The Person who registers or signs up with HeliBook to sell their products or services or use HeliBook Services.
• Provider Data: All data entered or furnished by you on or to HeliBook’s host computer system using the Purchased Services.
• Provider Private Data: Provider Data not displayed or made available to the public.
• Provider Public Data: Provider Data designated as public or provided for display on the Public Services.
• Provider Order: The initial communication submitted by you to us, describing the Services you want to purchase.
• Public Services: Our Services that Guests may utilize or purchase.
• Purchased Services: All the Services identified in the Order Acceptance.
• Representatives: Directors, officers, employees, agents and financial, legal, other advisors and affiliates of the Provider and/or HeliBook.
• Services: HeliBook’s online software-as-a-service booking and management system for helicopter tours and related businesses.
• Services License: The license granted in Section 6.2.
• Startup Training: Training provided by a HeliBook professional to you while implementing the Purchased Services.
• Scheduled Maintenance: Periodic planned servicing to our Digital Properties.
• Licensing Fee: The fees to be paid to HeliBook for the Purchased Services.
• Termination Date: Has the meaning provided in Section 13.2.
• HeliBook Content: All Content that HeliBook makes available through the Digital Properties, excluding Content provided by you or Guests.

2. Data Ownership

• All right, title, and interest in Cardholder Data shall be solely and exclusively owned by the Guest.
• As between HeliBook and Provider, Provider shall have sole ownership of all right, title, and interest in Provider Data, excluding Cardholder Data.
• You are solely responsible for resolving any dispute over ownership of Provider Data.
• HeliBook has no obligation to be involved in any such dispute.
• You are responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of Provider Data.
• You warrant to HeliBook that your Provider Data does not violate applicable law or the rights of any third party.
• You may download reports containing Provider Data using the reporting and exporting tools provided.
• HeliBook may use your Provider Data to provide, maintain, operate, develop and improve the Services.
• HeliBook may use Guest Data for the purposes of providing, maintaining, operating, developing and improving the Services.
• Any Provider Data accessed through the API is governed by the terms of the API Agreement.
• Provider acknowledges and agrees that title, ownership, intellectual property rights, and all other rights and interests in Compiled Data are owned solely by HeliBook.
• HeliBook will comply with its Privacy Policy.
• Disclosure of Security Breach: HeliBook will notify you and affected Guests of any breach of security involving unencrypted Provider Data or Guest Data.

3. Services

• Subject to your compliance, HeliBook will operate and maintain the Purchased Services.
• HeliBook may replace, modify, and/or upgrade any of the Purchased Services at any time.
• Standard implementation services include startup training and data storage.
• Supplementary implementation services may be available for additional fees.
• Provider Account: You are responsible for all activities that occur under your account.
• Suspension of Services: HeliBook may suspend your right to access or use any portion or all of the Services immediately without notice under certain circumstances.

4. Sub-processors

• The list of Sub-processors engaged by HeliBook for carrying out data processing on your behalf is available upon request.

5. Payment Terms

• You agree to pay the total amount included with the Booking, including any related charges, fees, deposits and taxes.
• The fees and other charges related to Provider’s products or services are set by the Provider.
• HeliBook may charge an additional fee to the Guest based on a percentage of the total Service Fee.
• Pre-Authorization: You authorize HeliBook or a payment processor to obtain a pre-authorization or charge a nominal amount.
• Cancellations: The Provider’s cancellation policy will apply to any cancellation.
• Deposits, Recurring and Partial Payments: You may be required to make recurring or incremental payments toward the Total Fees.

6. Intellectual Property

• The Contract does not provide you with title or ownership of any of the Digital Properties, the Compiled Data, or any components thereof, but only a right of limited use.
• HeliBook shall have sole and exclusive ownership of all right, title, interest, copyright, and other intellectual property rights in and to the Services, Website, Mobile Applications, and Compiled Data.
• Provider’s Intellectual Property: You assume sole responsibility for the protection of any intellectual property owned by you.
• Use of Provider’s Trademarks: You grant HeliBook authorization to list you as a HeliBook Provider and include your name and trademarks in the Public Services.
• Third Party Intellectual Property: Other trademarks and logos used in connection with the Digital Properties may be the property of their respective owners.
• DMCA Notice Procedures: If you believe your intellectual property has been infringed, contact privacy@straxos.com.
• Repeat Infringer Policy: HeliBook may remove, suspend, or terminate access for Providers who repeatedly infringe upon the intellectual property or other rights of others.

7. Licensing Matters

• HeliBook grants you a limited, revocable, nonexclusive, non-assignable, non-transferable, nonsublicenseable license to access, use, display, and run the Website, Mobile Application, and Purchased Services.
• Provider’s Responsibility Regarding Guests: You are fully liable for any damages that HeliBook suffers as the result of any Guest’s acts or omissions.
• Limitation on Rights Granted: HeliBook reserves all rights not expressly granted in these TOS.
• Grant of License to Provider Data: You grant HeliBook a nonexclusive, irrevocable, worldwide, perpetual, assignable, sublicenseable, fully paid-up and royalty-free license to use Provider Data for the purposes of providing, maintaining, operating, developing and improving the Services.
• Restrictions: You shall not reverse engineer, disassemble, decompile, translate, reproduce, modify, alter, tamper with, or otherwise attempt to access or derive the source code or the underlying ideas, algorithms, structure, or organization of the Digital Properties.

8. Confidentiality

• Confidential Information includes the Services, non-public portions or aspects of the Digital Properties, Provider Private Data, and any accompanying or related documentation.
• During the term of the Contract and for seven (7) years after its termination, the Parties shall not disclose any Confidential Information except as provided in these TOS.

9. Interoperability Requirements

• You are responsible for maintaining the functional operation of all devices and connections necessary to ensure proper operation of the Purchased Services.

10. Limited Warranty

• THE SERVICES AND ANY APPLICATIONS, OR THIRD-PARTY CONTENT MADE AVAILABLE ON OR THROUGH THE DIGITAL PROPERTIES, AND THE DIGITAL PROPERTIES THEMSELVES, ARE PROVIDED ON AN AS IS BASIS, WITH ALL FAULTS. HELIBOOK MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, THE DIGITAL PROPERTIES OR ANY OTHER MATTERS, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE.

11. Limitation of Liability

• HeliBook expressly disclaims any and all liability and shall not be responsible for any damages or loss caused, or alleged to be caused, by the transmission of Cardholder Data.
• IN NO EVENT SHALL HELIBOOK BE LIABLE FOR ANY CLAIM ASSERTED AGAINST YOU BY ANY THIRD PARTY, EVEN IF HELIBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM.
• YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ASSERTED AGAINST HELIBOOK SHALL BE TO RECOVER DIRECT DAMAGES UP TO AN AMOUNT EQUAL TO THE AMOUNT OF LICENSING FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING SUCH CLAIM.

12. Indemnity

• You agree to indemnify, defend, and hold HeliBook, its subsidiaries, and Representatives harmless from and against any and all claims, charges, damages and expenses based upon, arising out of, or otherwise related to your violation of the rights of a third party, misuse of the Digital Properties, failure to comply with applicable law, breach of this Contract, and any acts or omissions of Guests.

13. Term and Termination

• The term of the Contract commences on the Effective Date and shall continue on a yearly basis until terminated by either party.
• You may terminate the Contract for any reason by providing advance written notice via email to support@straxos.com or simply stop using Services.
• Data Portability and Deletion: Upon termination, you may download a copy of Provider Data within 30 days.

14. Governing Law and Dispute Resolution

• The Contract shall be governed by and interpreted in accordance with the laws of the State of California, U.S.
• Binding Arbitration Agreement: Any dispute with respect to the Contract shall be resolved by binding arbitration.
• Class Action Waiver: All proceedings will be conducted solely on an individual basis.

15. General Terms and Conditions

• Disclaimer: HeliBook provides references to various products and services offered by Providers and other third parties. HeliBook does not evaluate, and is not responsible for, any products or services provided by any third party.
• Survivability: Certain rights and obligations shall survive any expiration or termination of this Agreement.
• Assignment and Assumption: You may not assign or delegate any right or obligation under the Contract without our prior written consent.
• Severability and Construction: If any provision of the Contract is held to be invalid or unenforceable, the other portions shall remain in full force and effect.
• Notices: All notices should be directed to support@straxos.com.
• Relationship: The Parties are independent contractors.
• Compliance with Laws: You shall comply with all laws, ordinances, rules, regulations and other requirements.
• Export Compliance: You shall not use the Services in violation of any export law or regulation.
• Force Majeure: Neither party shall be liable for delay or failure in performance caused by circumstances beyond reasonable control.
• No Informal Waivers: Failure or delay to exercise any right or enforce any provision shall not be construed as a waiver.
• No Third Party Beneficiary: The Contract shall not be deemed to create any right in any Person or entity who is not a party.
• Entire Agreement; Amendment: The Contract constitutes the entire agreement between Provider and HeliBook.
• Suggestions: By submitting feedback, you grant HeliBook a license to use your intellectual property rights therein.
• Questions: All questions and requests for customer service or technical support should be directed to the HeliBook Customer Service Team at support@straxos.com.

Last updated: November 8, 2025