Terms of Use

1. Company's Role

HangarMax is a web-based 3D hangar space planning and visualization tool. Users can configure hangars at real airport locations, place aircraft and equipment from a catalog, and view clearance measurements and fit verdicts. The Services are provided for planning and visualization purposes only.

THE SERVICES ARE NOT INTENDED TO provide you with any professional engineering, architectural, structural, or safety advice of any kind. All measurements, clearances, and fit verdicts displayed by the Services are approximations only. You understand and agree that the Company assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the Services or any information available through or in connection with the Services. Always verify physical clearances on-site before moving aircraft or making operational decisions.

2. Eligibility; Accounts and Registration

You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations.

To access some features of the Services, you may be required to register for an account. When you register for an account you will be asked to provide us with some information about yourself, such as email address or other contact information. You may also sign in using third-party authentication providers (such as Google or Facebook). You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. One person may not maintain more than one free account.

3. Use of the Services; License Grant

As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services for your personal use. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display, or provide access to any portion of the Services on third-party websites or otherwise.

4. Subscription Plans and Fees

A. Plans. HangarMax offers the following tiers:

• Free — limited to 1 building, no save/share, session-only.
• Pilot — save layouts, share links, up to 3 locations and 3 buildings.
• Hangar Pro — unlimited locations, buildings, PDF export, and advanced features.

B. Fees. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable unless otherwise required by law. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processor will charge the payment method you specified at the time of purchase.

C. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. You may cancel a Subscription Service through your account settings or by contacting us at support@hangarmax.com. We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies.

5. Prohibited Use

BY USING THE SERVICES, YOU AGREE NOT TO:

• reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services;
• remove or modify any copyright or other intellectual property notices that appear in the Services;
• use the Services in any way that is unlawful, or harms the Company, its service providers, suppliers, affiliates, or any other user;
• use the Services in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws;
• distribute or post spam, unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;
• impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
• upload invalid data, viruses, worms, or other software agents to the Services;
• interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
• conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing "captcha" or similar precautions, or any other automated activity with the purpose of obtaining information from the Services);
• use any of the Company's trademarks as part of your screen name or email address on the Services;
• access or use any of the Services to develop competitive products or services; or
• attempt to, or permit or encourage any third party to, do any of the above.

6. User Materials and Feedback

A. User Materials. Certain portions of the Services allow users to upload or otherwise provide images, data, text, layouts, and other content ("User Materials"). You retain ownership of your layout data and hangar configurations. By uploading or otherwise providing User Materials to the Services, you grant us a non-exclusive, royalty-free license to use, copy, store, and display your User Materials solely in connection with providing the Services to you. You are solely responsible for all User Materials made through your user account(s).

B. Feedback. If you choose to provide input and suggestions regarding the Services ("Feedback"), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.

7. Third-Party Services

The Services include integrations with third-party products and services, including payment processors, cloud infrastructure providers, map rendering services, and analytics providers. Third-party providers are solely responsible for their services. Your use of third-party services may be subject to their respective terms of use and privacy policies, which you are solely responsible for reviewing and complying with. We do not endorse, and take no responsibility for, such third-party products and services.

If you choose to sign in using a third-party authentication provider (such as Google or Facebook), you authorize us to access limited profile information from that provider in accordance with their terms and your privacy settings.

8. Intellectual Property

The HangarMax software, design, brand, user interface, and 3D models (including aircraft and equipment models) are the property of Riddick Realty, LLC DBA AV8 Realty and its licensors. These Terms of Use do not grant you any right, title, or interest in the Services or our intellectual property, except for the limited license granted in Section 3. Your layout data and configurations belong to you — we claim no ownership over content you create using the Services.

9. No Warranties

THE COMPANY PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. THE COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING THE COMPANY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. ALL MEASUREMENTS, CLEARANCES, FIT VERDICTS, AND SPATIAL CALCULATIONS PROVIDED BY THE SERVICES ARE APPROXIMATIONS ONLY AND MUST BE INDEPENDENTLY VERIFIED ON-SITE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE SERVICES.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Limitation of Liability

IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS, INCLUDING MEASUREMENTS AND FIT VERDICTS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES.

THE AGGREGATE LIABILITY OF THE COMPANY AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; and (f) your willful misconduct. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with the Company's defense of that claim.

12. Deactivation and Termination

You may delete your account at any time from your Account settings or by submitting a request to support@hangarmax.com. If you delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission to use the Services will terminate automatically. In addition, we may, in our sole discretion, deactivate, suspend, or terminate your access to your account and the Services at any time for any reason, with or without notice. We may alter, suspend, or discontinue the Services or any portion of the Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to, or use of, the Services.

13. Choice of Law; Disputes

These Terms of Use are governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Martin County, Florida for all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use. The Company operates the Services from its offices in Florida, and we make no representation that the Services are appropriate or available for use in other locations.

14. Consent to Communications

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

15. Privacy Policy

The Company will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult our Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.

16. General

These Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties or by the Company posting updated Terms of Use on the Services. We reserve the right to change these Terms of Use at any time in our sole discretion on a going-forward basis, and we will make commercially reasonable efforts to notify you of any material changes. Your continued use of the Services after any updates are effective will represent your agreement to the revised Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer, or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all expressly incorporated terms, constitute the entire agreement between you and the Company with respect to the Services. The following sections shall survive any termination of these Terms of Use: 1, 5–11, and 13–16.

17. Contact Information

The Services are offered by:

Riddick Realty, LLC DBA AV8 Realty
4905 SW 61st Dr.
Palm City, FL 34990

Email: support@hangarmax.com