Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and SkyCalc ("SkyCalc," "Company," "we," "us," "our"), governing your access to and use of the SkyCalc website located at skycalc.app, our mobile applications, and all related services, features, content, and functionality (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting to the Service, with an updated "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is greater), to create an account and use the Service. If you are under the age of 18 (or the applicable age of majority), you may only use the Service with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent and warrant that you meet these eligibility requirements.

2.2 Account Creation

To access certain features of the Service, you must register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information as requested during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access to or use of your account

2.3 Account Security

You are solely responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree not to share your password or other access credentials with any third party. We will not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to suspend or terminate your account if we suspect unauthorized access or use.

2.4 One Account Per User

Each user may maintain only one (1) account. Creating multiple accounts to circumvent restrictions, abuse promotions, or violate these Terms may result in termination of all associated accounts.

3. Description of Service

3.1 Service Overview

SkyCalc is an independent travel planning and airline loyalty program tracking tool that allows users to:

• Track and manage airline frequent flyer account balances, elite status progress, and qualifying metrics
• Calculate estimated points, miles, and elite-qualifying credits for planned trips
• Plan travel itineraries and estimate loyalty program earnings
• Monitor progress toward elite status tiers across multiple airline loyalty programs
• Store and organize travel-related information

3.2 Service Tiers

The Service is offered in multiple tiers, including free and paid subscription plans. Features, functionality, and limitations vary by tier. Details of current subscription plans and pricing are available on our website and are subject to change.

3.3 Calculations and Estimates

IMPORTANT: All calculations, estimates, and projections provided by the Service are for informational and planning purposes only. These calculations are based on publicly available information and our understanding of airline loyalty program rules at the time of calculation. Actual earnings, elite-qualifying credits, and benefits may vary based on:

• Changes to airline loyalty program terms, conditions, and earning rates
• Fare class, booking method, and ticketing airline
• Partnership and codeshare arrangements
• Promotional offerings and bonus opportunities
• Individual account status and circumstances
• Errors or omissions in our data or calculations

WE DO NOT GUARANTEE THE ACCURACY OF ANY CALCULATIONS OR ESTIMATES. Users should always verify actual earnings and benefits directly with the applicable airline loyalty program.

4. Independent Service - No Airline Affiliation

Any airline names, loyalty program names, logos, trademarks, service marks, and trade names displayed within the Service are the property of their respective owners. These marks are used solely for identification and informational purposes under principles of fair use and nominative fair use. Such use does not imply any affiliation with, endorsement by, or sponsorship by the trademark owners.

We do not have access to your airline loyalty program accounts. Any account information displayed within SkyCalc is entered and maintained solely by you. We cannot view, modify, or make any changes to your actual airline loyalty program accounts.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service and its entire contents, features, and functionality, including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof, are owned by SkyCalc, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The SkyCalc name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SkyCalc or its affiliates. You may not use such marks without our prior written permission.

5.2 Third-Party Trademarks

All airline names, loyalty program names, logos, and related marks appearing in the Service are trademarks, service marks, or trade names of their respective owners. These third-party marks are used for identification purposes only pursuant to nominative fair use principles and do not indicate any affiliation, sponsorship, or endorsement. All rights to such marks remain with their respective owners.

5.3 License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include the right to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service
• Use any data mining, robots, scraping, or similar data gathering or extraction methods
• Download (other than page caching) any portion of the Service or any information contained therein, except as expressly permitted
• Use the Service for any commercial purpose without our prior written consent

5.4 User Content

You retain ownership of any content you submit, post, or display on or through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with operating and providing the Service. You represent and warrant that you own or have the necessary rights to submit User Content and that it does not violate any third-party rights.

6. Subscription Plans and Payment Terms

6.1 Subscription Plans

The Service offers various subscription tiers with different features and pricing. Current subscription options and pricing are displayed on our website and within the application. We reserve the right to modify, add, or remove subscription plans at any time.

6.2 Payment Processing

All payments for paid subscriptions are processed by Stripe, Inc. ("Stripe"), our third-party payment processor. By subscribing to a paid plan, you agree to:

• Provide accurate and complete payment information to Stripe
• Authorize us to charge your selected payment method for all fees and charges
• Pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred
• Be bound by Stripe's terms of service and privacy policy

We do not collect, store, or have access to your complete payment card information. All payment data is handled directly by Stripe in accordance with PCI-DSS compliance standards. For information on how Stripe handles your payment information, please review Stripe's privacy policy at https://stripe.com/privacy.

6.3 Billing Cycle

Paid subscriptions are billed in advance on a recurring basis according to the billing cycle you select (monthly or annually). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

6.4 Price Changes

We reserve the right to change subscription prices at any time. If we change the price of your subscription, we will provide you with at least thirty (30) days' notice before the price change takes effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the new price. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

6.5 Failed Payments

If payment cannot be charged to your payment method for any reason, we may suspend or terminate your access to paid features until payment is received. We may retry failed payments multiple times. You are responsible for ensuring your payment information is current and accurate.

6.6 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on our income.

7. Cancellation and Refund Policy

7.1 Cancellation by You

You may cancel your paid subscription at any time through your account settings or by contacting us. Upon cancellation:

• Your subscription will remain active until the end of your current billing period
• You will retain access to paid features until the end of your current billing period
• Your subscription will not renew, and you will not be charged for subsequent billing periods
• After your subscription expires, your account will automatically convert to a free tier account

7.2 Refund Policy

All subscription fees are non-refundable. We do not provide refunds or credits for any partial subscription periods, unused features, or subscription cancellations. This no-refund policy applies regardless of whether you cancel your subscription or we terminate your account (except as otherwise stated in Section 7.3).

By subscribing to a paid plan, you acknowledge and agree that the subscription fee is charged immediately upon purchase and is non-refundable, and that you are waiving any right to a "cooling off" period or similar refund right that may otherwise be available under applicable law, to the extent permitted by law.

7.3 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination may include, but are not limited to:

• Violation of these Terms or any applicable laws
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity
• Requests by law enforcement or government agencies
• Discontinuation of the Service

If we terminate your account for cause (violation of Terms, fraud, etc.), no refund will be provided.

7.4 Effect of Termination

Upon termination of your account for any reason:

• Your right to access and use the Service will immediately cease
• We may delete your account data in accordance with our data retention policy
• Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Use the Service to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• Create multiple accounts to circumvent restrictions, abuse promotions, or violate these Terms
• Share your account credentials with any third party or allow others to access your account
• Use the Service for any commercial purpose without our express written consent
• Sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service
• Interfere with or disrupt the integrity or performance of the Service or third-party data contained therein

9. Disclaimer of Warranties

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the foregoing exclusions and disclaimers shall be applied to the greatest extent permitted by applicable law.

10. Limitation of Liability

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to defend, indemnify, and hold harmless SkyCalc, its affiliates, and their respective directors, officers, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys' fees and costs) arising out of or related to:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
• Your violation of any applicable law, rule, or regulation
• Any claim that your User Content caused damage to a third party
• Any other party's access to or use of the Service using your account credentials

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@skycalc.app to attempt to resolve any dispute informally. We will attempt to resolve the dispute informally by contacting you via email within sixty (60) days of receiving your notice. If the dispute is not resolved within sixty (60) days, either party may proceed to binding arbitration as set forth below.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including the formation, interpretation, breach, or termination thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules.

The arbitration shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the arbitration shall take place in the county of your residence (if in the United States) or remotely via video conference. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND SKYCALC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and SkyCalc agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction. Additionally, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

12.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@skycalc.app within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other provisions of these Terms will continue to apply.

13. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Subject to the arbitration provisions above, any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the federal or state courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.

14. Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your information as described in our Privacy Policy.

Please review our Privacy Policy at Privacy Policy to understand our practices.

15. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by SkyCalc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Your interactions with any third-party websites or services, including payment processors like Stripe, are solely between you and such third party. You agree that SkyCalc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit or use.

16. Service Modifications and Availability

16.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We may also add, modify, or remove functionality or features of the Service at any time.

16.2 No Guarantee of Availability

We do not guarantee that the Service will be available at all times or in all locations. The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.

16.3 Maintenance and Updates

We may perform maintenance on the Service from time to time, which may result in temporary unavailability. We will endeavor to provide advance notice of scheduled maintenance when feasible, but we are not obligated to do so.

17. Electronic Communications

By creating an account or using the Service, you consent to receive electronic communications from us. These communications may include:

• Account-related notices (password resets, security alerts, account changes)
• Service-related announcements and updates
• Changes to our Terms, Privacy Policy, or other legal agreements
• Responses to your inquiries or support requests

You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive agreement between you and SkyCalc regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent, or if such modification is not possible, it shall be severed from these Terms.

18.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

18.5 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights. Airlines, loyalty programs, and other entities mentioned in the Service are not third-party beneficiaries of these Terms.

18.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemic, epidemic, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.7 Headings

The headings in these Terms are for convenience only and shall not affect their interpretation.

18.8 Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

19. DMCA and Copyright Infringement

We respect the intellectual property rights of others and expect users of the Service to do the same. If you believe that any content on the Service infringes your copyright, please send a written notice to our designated Copyright Agent at:

Your notice must include:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, with sufficient detail for us to locate it
• Your contact information (address, telephone number, email address)
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

20. Export Controls

The Service may be subject to export control laws and regulations of the United States and other jurisdictions. You agree not to export, re-export, or transfer, directly or indirectly, any technical data acquired from the Service, or any products utilizing such data, in violation of any applicable export laws or regulations.

21. Contact Information

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

For general support inquiries, please contact support@skycalc.app.