Legal Information

# Anti-Circumvention Agreement **Version:** 1.1 **Checkpoint:** MARKETPLACE_RELATIONSHIP This agreement is between you and Palm Beach Adventures, LLC d/b/a PickYourPlane ("PickYourPlane"). It applies equally to the **Owner and the Lessee** in a protected relationship. Its terms are fixed in this numbered version. They are not platform settings and change only through a new version of this agreement. ## 1. Why this exists PickYourPlane invests in introducing Owners and Lessees. In return, both agree not to move a relationship that PickYourPlane introduced off the Platform. ## 2. Which relationships are protected - **Protected:** genuine PickYourPlane marketplace relationships only, meaning relationships that PickYourPlane introduced. - **Not protected:** genuine pre-existing Owner-direct relationships and Owner-invited relationships. A PickYourPlane administrator may reclassify a relationship and must record a reason. If a relationship is validly reclassified away from a PickYourPlane marketplace relationship: - protection under this agreement stops from the time of the reclassification; - the history of the original introduction and the reclassification is kept. ## 3. What you agree During the Protection Period, neither the Owner nor the Lessee will, for a protected relationship: - arrange, pay for or accept a lease or rental of the Owner's aircraft outside the Platform; or - encourage or help the other party to do so. ## 4. Protection Period The Protection Period is **12 months** from the later of: - **(a)** the first PickYourPlane introduction of that Owner and Lessee; or - **(b)** the most recent completed PickYourPlane transaction between them. Each completed PickYourPlane transaction between them starts a new 12-month period. ## 5. Agreed remedy The parties agree that harm from circumvention is difficult to measure. For each proven circumvented transaction, the party or parties responsible will owe PickYourPlane agreed liquidated damages equal to the **greater of**: - **(a)** US $2,500; or - **(b)** the PickYourPlane fees and commissions that PickYourPlane reasonably would have earned had that transaction taken place on the Platform. This amount is a reasonable pre-estimate of PickYourPlane's loss. It is not a penalty. Each proven off-platform transaction may be a separate violation. This amount is **not charged automatically** to any payment method. PickYourPlane will notify the party of the claim and the basis for it. To the extent permitted by applicable law, PickYourPlane may then: - invoice the amount; - offset it against amounts PickYourPlane would otherwise pay that party; - suspend or close the accounts involved; and - pursue collection. Disputes about a claim are handled under the Terms of Service. ## 6. Not a restriction on flying This agreement does not stop anyone from flying, from leasing other aircraft, or from transacting with each other on the Platform.

# Cancellation & Refund Policy **Version:** 1.1 **Checkpoints:** STANDARD_PURCHASE, FLEXIBLE_QUOTE_ACCEPTANCE This policy is provided by Palm Beach Adventures, LLC d/b/a PickYourPlane ("PickYourPlane"). ## 1. Standard packages are a final sale A Standard package purchase is **final and non-refundable** once purchased, except: - where applicable law requires otherwise; - where a specific exception in this policy applies (section 3); or - where PickYourPlane approves an exceptional refund request. **Exceptional refund requests:** - To ask for one, email pickyourplane@gmail.com with your account email and the purchase concerned. - Submitting a request does not guarantee a refund. - PickYourPlane generally aims to respond within 14 days. ## 2. Standard bookings Cancellation or no-show consequences for a Standard booking, if any, are those disclosed to you before that booking is confirmed. They follow the booking and aircraft policy frozen for that booking. If no consequence was disclosed, none applies, and the reserved hours return to your balance when you cancel. ## 3. Unavailability caused by the Owner or the aircraft **Temporary events.** Examples are an isolated cancelled booking, maintenance, weather or a temporary airworthiness issue. You are not charged hours for the affected booking. The remedy is rebooking, an extension of your validity period, a substitution you agree to, or another appropriate remedy. A temporary event does not by itself entitle you to a refund of your remaining balance. **Permanent inability.** This applies if the Owner: - permanently leaves PickYourPlane; - permanently removes the aircraft; - sells the aircraft without a valid replacement or continuation arrangement; or - otherwise cannot honor your remaining Standard balance, or if the aircraft becomes permanently unavailable. In that case, you may be entitled to a refund of the value of your **unused purchased hours**. That value is calculated from the economics frozen on your purchases. - Hours already used are not refunded. - Bonus hours are not refunded. *Example:* you purchased 10 hours and 3 were legitimately used. Any refund is based on the remaining 7 purchased hours, not on all 10. ## 4. Flexible trips - The cancellation policy for a Flexible trip is the one shown in, and frozen with, the Final Quote you accepted. It states whether a cancellation fee applies and, if so: - the free-cancellation window; - whether the fee is a percentage or a flat amount; and - the fee's value. - If the accepted Final Quote shows no cancellation fee, none applies. - Where the Platform supports it, if you cancel and a fee applies, you will be shown the exact amount before you confirm the cancellation. - A cancellation fee cannot exceed the amount legitimately available or authorized for the transaction. - If the **Owner** cancels, you are not charged a cancellation fee, and any authorization is released. - After the trip, settlement follows the Flexible Trip Terms. ## 5. Payment-processing costs in refunds When a refund is issued, its treatment of payment-processing costs follows: - the economics frozen on the transaction; - how the payment and refund are actually processed; and - applicable law. PickYourPlane cannot promise to refund processor costs it cannot recover. ## 6. How refunds are paid Refunds go back to the original payment method through Stripe. Timing depends on your card issuer. ## 7. Owner payouts and refunds - If a refund is issued, any related Owner payout that has not been released is reduced accordingly. - Payouts may be held while a refund or dispute is open. - If the Owner has already been paid and the refund results from an Owner-side obligation, the Owner remains responsible for it, as set out in the Owner Terms. PickYourPlane is not the Owner's financial guarantor.

# Single Trip Terms **Version:** 1.3 **Checkpoint:** FLEXIBLE_QUOTE_ACCEPTANCE These terms apply when you accept a Single Trip Final Quote. They are accepted together with the Part 91 Dry Lease Agreement and the Cancellation & Refund Policy. PickYourPlane (Palm Beach Adventures, LLC d/b/a PickYourPlane) facilitates the transaction and payment. It is not a party to the dry lease. ## 1. The Final Quote The Owner sends a Final Quote for your requested trip. It shows: - the hourly rate you pay, which includes the PickYourPlane service; - any minimum billable hours and any buffer hours; - the aircraft-related quote lines, such as overnight, international or repositioning fees, and whether each is fixed or reconciled to actual use; - the return-fuel rule; - the cancellation policy; - the estimated total, the refundable security deposit, and the total amount that will be authorized on your card. You can accept a Final Quote only until the expiry time shown on it. Once you accept it, it is frozen and neither party can change it. ## 2. Authorization and security deposit When you accept, you authorize PickYourPlane to place a hold on your payment method for the authorized amount. The hold is placed or renewed no earlier than the lead time shown on the Final Quote. The authorized amount is the estimated total, plus the buffer hours shown on the Final Quote, plus a **refundable security deposit** (currently **$1,000**, as shown on the Final Quote). The deposit is not a price. It secures amounts that may be owed for the trip, such as damage, cleaning, missing equipment, fuel, airport, landing, handling or FBO fees left unpaid, and delays in returning the aircraft. A hold is not a charge. You also authorize PickYourPlane to keep your payment method on file for the purposes described in sections 4 and 4A. ## 3. Settlement after the trip After the trip, the Owner submits a trip report: the meter readings (Hobbs or Tach), the nights away when a quote line is billed per night, the fuel level and the condition of the aircraft. Billable hours are: > billable flight hours = the greater of actual flight hours and the minimum > billable hours The final amount is: - billable flight hours × the frozen hourly rate; **plus** - the accepted quote lines, each fixed or reconciled according to its frozen rule. **Review before any charge.** PickYourPlane reviews every trip report before anything is charged. Nothing is charged automatically. PickYourPlane may ask the Owner to correct the report. **No new fees.** No fee, line or charge that was not in the accepted Final Quote can be added at settlement, except documented post-flight claims under section 4A. ## 4. Capture, release and balance - **Below the authorization:** only the final amount is charged. The rest of the hold, including the unused security deposit, is released. - **Above the authorization:** if the final amount is more than the hold, the hold is charged and the difference becomes a balance due from you. You authorize PickYourPlane to charge it to your saved payment method after its review. If that charge fails, you remain responsible for the balance. - **Hold expiry:** card issuers limit how long a hold lasts (usually about 7 days). If the hold expires before settlement, the amounts you owe under these terms remain due and may be charged to your saved payment method. - **Breakdown and disputes:** you receive the settlement breakdown by email. You may dispute it through the Platform. ## 4A. Documented post-flight claims (30 days) Some costs are only discovered after the trip, for example an FBO or airport invoice received weeks later. - **What may be claimed.** After a trip, the Owner may submit a claim through the Platform for a documented amount in one of these categories only: - damage to the aircraft during your rental period; - cleaning beyond normal use; - missing equipment; - a fuel shortfall measured against the frozen return-fuel rule; or - another incidental charge related to your trip, such as airport, landing, handling, parking or FBO fees incurred during your rental period and left unpaid. - **Evidence.** Each claim must include supporting evidence, such as photos, invoices or fuel records, and an itemized amount. - **Submission deadline.** The Owner must submit a claim within **30 days** after trip settlement. Late claims are not accepted. - **Your response.** You are notified and shown the evidence and the amount. You have **72 hours** from that notice to accept or dispute the claim through the Platform. - **Review first.** PickYourPlane reviews every claim before any charge. The Owner cannot charge you directly. - **Authorization.** By accepting a Final Quote, you authorize PickYourPlane to charge your saved payment method, after its review, for a claim that you accept or that is upheld after review. A claim you dispute within the 72-hour window is not charged until the dispute is resolved. A charge is initiated only by PickYourPlane staff, never automatically. - **Failed charge.** If the charge fails, the amount becomes a balance due from you. - **No double recovery.** A claim may not repeat an amount already included in the trip settlement. ## 5. Not a charter A Single Trip is an aircraft-only dry lease. The Owner does not provide a pilot, and the Lessee exercises operational control as set out in the Part 91 Dry Lease Agreement.

# Marketplace Terms **Version:** 1.1 **Checkpoints:** OWNER_ACTIVATION, MARKETPLACE_RELATIONSHIP These Marketplace Terms explain how Owners and Lessees transact through PickYourPlane, operated by Palm Beach Adventures, LLC d/b/a PickYourPlane. They add to the Terms of Service. ## 1. Role of PickYourPlane PickYourPlane provides marketplace, software, administrative and payment-facilitation services. - It is not a party to the dry lease. The dry lease is between the Owner and the Lessee. - It is not the operator, an air carrier, a charter operator or a crew provider. - It does not guarantee either party's performance. ## 2. How a relationship starts A **PickYourPlane marketplace relationship** between an Owner and a Lessee is created the first time PickYourPlane genuinely introduces them. This is normally when the Lessee first requests that Owner's aircraft through the Platform. PickYourPlane records the date and the request that introduced you. Some relationships are not marketplace relationships: - **Owner-direct:** a Lessee the Owner already knew before the Platform. - **Owner-invited:** a Lessee the Owner invited directly. These are treated differently (see section 4 and the Anti-Circumvention Agreement). A PickYourPlane administrator may reclassify a relationship. The reason, the administrator and the time are recorded, and the original introduction record is kept. ## 3. Two ways to transact - **Standard purchase:** the Lessee buys a package of hours at the price shown. The hours are valid for the period shown and frozen at purchase (see the Package Validity Terms). - **Flexible trip:** 1. The Lessee requests a specific trip. 2. The Owner sends a Final Quote. 3. The Lessee accepts it. The accepted Final Quote is frozen. 4. The Lessee's payment method is authorized. 5. The Lessee is charged on settlement (see the Flexible Trip Terms). ## 4. Pricing and fees - The price the Lessee sees and accepts is the renter-facing transaction price. - PickYourPlane's marketplace fees, payment-processing costs and the Owner's payout are calculated internally from the economics frozen for the transaction. - The Owner's payout is the net amount under those frozen economics. - The economics that apply may differ by aircraft, by Owner, and by relationship type. For example, Owner-direct and Owner-invited relationships may carry different PickYourPlane fees. The economics that apply to a transaction are the ones frozen when it is accepted. ## 5. Communication Owner and Lessee contact details are shared once a transaction reaches the stage where they are needed. Use Platform messaging where it is available. ## 6. Decisions The Owner may accept, decline or ask for changes to any request. PickYourPlane may decline or cancel a transaction that breaches our terms or the law. ## 7. Disputes between users - Owners and Lessees should first try to resolve disputes directly. - PickYourPlane may help, and may hold payouts while a dispute is open. It is not obliged to decide the dispute. - Owners may not charge a Lessee's card for disputed damage without the Lessee's agreement or a decision through the dispute process. ## 8. Refunds after payout If a refund or chargeback becomes due because of an Owner-side obligation after the Owner has been paid, the Owner remains responsible for it, as set out in the Owner Terms. PickYourPlane does not guarantee an Owner's ability to repay.

# Owner Terms **Version:** 1.1 **Checkpoint:** OWNER_ACTIVATION These Owner Terms apply when you list an aircraft on PickYourPlane, operated by Palm Beach Adventures, LLC d/b/a PickYourPlane ("PickYourPlane"). They add to the Terms of Service and the Marketplace Terms. ## 1. Your authority You confirm that you own the aircraft, or are authorized by its owner and any lienholder to offer it for dry lease. You also confirm that doing so does not breach any financing, insurance, management or other agreement. ## 2. Aircraft-only dry lease You offer the aircraft **without crew**. You must not provide, require, arrange or price a pilot as part of any transaction on the Platform. You must not offer any arrangement that amounts to providing an aircraft and crew together. The Part 91 Dry Lease Agreement is between you, as lessor, and the Lessee. PickYourPlane is not a party to it. ## 3. Airworthiness and maintenance You are responsible for keeping the aircraft airworthy, maintained and inspected as required by law. You are also responsible for the accuracy of the maintenance and equipment information you publish. You must block availability for any period when the aircraft is not airworthy. ## 4. Insurance You must maintain aircraft insurance that permits the aircraft to be dry leased to and operated by the Lessee and the Lessee's pilots. Keep your insurance information on the Platform current. PickYourPlane may display the status of your insurance information. That status is not a certification of coverage. ## 5. Pilot approval You, together with your insurer, decide whether a proposed pilot is qualified and approved to fly your aircraft. PickYourPlane does not approve pilots. ## 6. Listings and pricing - PickYourPlane reviews your listing before publication. Saving a draft does not publish it. - The Standard package prices and the Flexible hourly rates, minimums and fees you configure are the **renter-facing prices**. - PickYourPlane's marketplace fees, payment-processing costs and your payout are calculated internally from the economics that apply to each transaction. Those economics are frozen when the Lessee commits. - You are responsible for accurate fuel terms. "Fuel included" describes the commercial basis of the price only. It does not change the dry-lease nature of the transaction. ## 7. Payouts - PickYourPlane collects payment from the Lessee and pays you through Stripe Connect. You must complete Stripe onboarding to receive payouts. - Your payout for a transaction is the **net amount determined under the economics frozen for that transaction**. - Payout timing for each transaction is either **Usage-based** (released as usage is settled) or **Upfront** (released after the payment is recorded), as frozen on the transaction. - A PickYourPlane administrator reviews and releases every payout. Payouts may be held while a dispute, chargeback, refund or compliance review is open. Total payouts for a transaction never exceed the amount funded for it. ## 8. Refunds, chargebacks and amounts you owe PickYourPlane facilitates transactions and payment flows. It is not the financial guarantor of an Owner. An amount may become due after funds have already been paid to you. It may be a refund, chargeback, adjustment or other amount caused by your conduct, your inability to perform, the aircraft's unavailability or another Owner-side obligation. If so: - you remain responsible for that amount; - to the extent legally and technically permitted, PickYourPlane may offset it against your future payouts or require you to repay it; - PickYourPlane does not guarantee your solvency or your ability to repay amounts already paid out. ## 9. Availability and continuing obligations - You must honor bookings already confirmed and Standard balances that have not expired. - For a temporary event, such as maintenance or an isolated cancelled booking, you must work with the Lessee on rebooking, an extension or another remedy under the Cancellation & Refund Policy. - If you permanently leave PickYourPlane, permanently remove or sell the aircraft without a valid continuation arrangement, or otherwise cannot honor a remaining Standard balance, the Lessee may be entitled to a refund of the value of unused purchased hours. Section 8 applies to that refund. ## 10. Taxes You are responsible for your own income taxes and for any taxes on your aircraft. PickYourPlane collects transaction taxes only where it is required to and shows them separately. ## 11. Indemnity To the extent permitted by applicable law, you will indemnify PickYourPlane against claims arising from: - the condition, maintenance or airworthiness of your aircraft; - inaccuracies in your listing; or - your breach of these Owner Terms.

# Package Validity Terms **Version:** 1.2 **Checkpoint:** STANDARD_PURCHASE ## 1. Validity period - Standard package hours **expire**. - The validity period for your Standard balance is shown before you purchase and frozen on your purchase. - The current standard validity period is **12 months** from the purchase. - Your Standard balance for an aircraft has a single expiry date that applies to all of its remaining hours. ## 2. Renewal on a new purchase If you make a new Standard package purchase for the **same aircraft** before your existing balance expires, the validity of your **entire remaining balance** is renewed. The new expiry is the validity period shown on the new purchase, counted from that purchase. *Example:* you buy 10 hours on January 1, so they are valid until January 1 of the next year. On April 1, with 3 hours remaining, you buy another 10-hour package. Your 13-hour balance is now valid until April 1 of the next year. ## 3. Expiry If no qualifying new purchase is made before your balance expires, unused hours **expire permanently** at the end of the validity period. Expired hours cannot be used or transferred. They are not refunded because they were not used. The only exceptions are where the Cancellation & Refund Policy or applicable law provides otherwise. ## 4. Purchased and bonus hours Your balance may include bonus hours from a promotion. - Bonus hours have **no cash value**. - Bonus hours are not refundable. - Bonus hours are used according to the rules of the applicable package or promotion. ## 5. Using hours Hours are deducted based on the actual billable hours recorded at check-in and check-out. A booking reserves hours from your balance. Reserved hours are released if the booking is cancelled in line with the booking policy shown when it was confirmed. ## 6. Overage **6.1 What overage is.** If a flight's confirmed Hobbs time is more than your remaining Package balance, the difference is overage. The flight is settled for the full confirmed Hobbs time, so your balance may go below zero. **6.2 Overage rate.** The overage rate is set by your most recent Package purchase for that aircraft at the time the flight is settled. Unless otherwise disclosed before purchase, it equals the Package purchase price before taxes, divided by the purchased hours, excluding bonus or promotional hours. Any payment-processing costs are paid out of that price and are not deducted or charged separately. The applicable rate is shown before purchase and is locked for each overage when the flight is settled. **6.3 Saved payment method.** When you buy a Package, you authorize PickYourPlane and its payment processor, Stripe, to securely save your payment method for overage under this section. PickYourPlane does not store your full card details. **6.4 72-hour resolution period.** You have 72 hours after an overage is confirmed to resolve it. You can pay it through the Platform, or buy another eligible Package for the same aircraft. A new Package covers the overage hours first, and the rest of its hours stay available to you. **6.5 Review and charge.** If the overage is still unpaid after 72 hours, PickYourPlane staff review it, including the Hobbs record, rate and amount. After that review, PickYourPlane may choose to charge your saved payment method. A charge is never made just because the 72-hour period ended. **6.6 Failed charges.** If a charge fails, the overage stays due. Further bookings on that aircraft may be blocked until it is paid. **6.7 Disputes.** You may dispute an overage through the Platform before or after it is charged. **6.8 Earlier Packages.** Overage from a flight settled under a Package bought under an earlier version of these terms that didn't disclose an overage rule isn't charged, and isn't covered by a later purchase, unless you separately accept these terms for that specific overage. ## 7. Unavailability caused by the Owner or the aircraft Section 3 of the Cancellation & Refund Policy covers temporary unavailability and permanent inability to honor your balance.

# Part 91 Aircraft Dry Lease Agreement **Version:** 1.2 **Checkpoints:** STANDARD_PURCHASE, FLEXIBLE_QUOTE_ACCEPTANCE This agreement is between the aircraft owner shown on the transaction ("Lessor") and the person completing it ("Lessee"). It is formed when the Lessee completes a Standard purchase or accepts a Flexible Final Quote on the PickYourPlane platform. The aircraft, the lease period or hours, and the price are those shown on that transaction. **Palm Beach Adventures, LLC d/b/a PickYourPlane is not a party to this agreement.** It provides the marketplace and payment facilitation only. ## 1. Aircraft only The Lessor leases the aircraft to the Lessee **without crew**. The Lessor does not provide, require or arrange any pilot. The Lessee either acts as pilot or independently selects and arranges a pilot. ## 2. Operational control - The parties intend, and agree, that during each period of use under this agreement the **Lessee accepts and exercises operational control** of the aircraft. - Operations are to be conducted under **14 CFR Part 91**. - The parties will conduct themselves in a way that is consistent with a bona fide dry lease. In particular, the Lessor will not direct the flights or supply crew. ## 3. No carriage for compensation Nothing in this agreement authorizes the carriage of persons or property for compensation or hire, or holding out to do so. The Lessee will not use the aircraft for those purposes. ## 4. Pilot qualification Each pilot must: - hold the certificates, ratings, medical certificate and currency required by law; and - be approved by the Lessor and the Lessor's insurer before acting as pilot in command. PickYourPlane does not approve pilots. ## 5. Lessor obligations The Lessor will: - deliver the aircraft in airworthy condition with its required documents aboard; and - be responsible for scheduled maintenance and inspections, unless the transaction says otherwise. ## 6. Lessee obligations The Lessee will: - perform a preflight inspection before each flight and not fly the aircraft if it is not airworthy; - operate the aircraft in compliance with all laws, the aircraft's limitations, and the Lessor's published operating rules; - report any damage, incident, defect or discrepancy to the Lessor promptly; - return the aircraft at the agreed time and place, with fuel as agreed in the transaction's fuel terms. ## 7. Fuel The fuel terms shown on the transaction apply. Where the price is "fuel included", that describes the commercial basis of the price only. The Lessor still provides no crew, and the Lessee still exercises operational control. ## 8. Hours and use Billable hours are measured by the method shown on the transaction (meter, check-in and check-out). Calendar time reserved is not the same as billable flight hours. ## 9. Insurance The Lessee will meet the insurance requirements shown on the listing or transaction before operating the aircraft. Each party is responsible for the coverage it is required to carry. ## 10. Damage - The Lessee is responsible for damage to the aircraft during the Lessee's period of use, to the extent not covered by insurance. Normal wear and pre-existing defects are excluded. - The Lessor may seek documented damage amounts only by submitting a claim through the PickYourPlane platform, and only under the claim process, categories and deadlines in the terms that apply to the transaction (for Flexible trips, section 4A of the Flexible Trip Terms). - PickYourPlane reviews each claim. The Lessee may dispute it through the dispute process, and a timely disputed claim is not charged until review or resolution. - The Lessor has no right to charge the Lessee's payment method directly. Any charge is initiated only by PickYourPlane after its review, never automatically. - This section does not permit any other new fee or charge. ## 11. Federal leasing requirements Additional federal requirements, including the truth-in-leasing requirements of 14 CFR 91.23 for certain leases of U.S.-registered large civil aircraft, may apply depending on the aircraft and the transaction. The Lessor and the Lessee are each responsible for determining whether those requirements apply and for complying with them, including any required lease provisions, copies, notices or filings. PickYourPlane does not make FAA filings or notices on behalf of either party, and has not done so unless the Platform expressly states otherwise for a specific transaction. ## 12. Governing law This agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws rules, except where federal aviation law applies.

# Privacy Policy **Version:** 1.2 **Checkpoint:** SIGNUP This policy explains how Palm Beach Adventures, LLC, a Florida limited liability company doing business as PickYourPlane ("PickYourPlane", "we", "us"), collects, uses and shares personal information when you use the Platform. ## 1. Information we collect - **Account information:** name, email address, phone number, password and your role (Owner, Lessee or pilot). Your password is stored only as a secure hash by our authentication provider. - **Aviation information you provide:** pilot certificates, ratings, experience, medical and insurance details, and documents you upload. If you are an Owner, also aircraft details, photos and documents. - **Transaction information:** requests, quotes, bookings, flight and hour records, and messages sent through the Platform. - **Payment information:** - Payments are handled by our payment processor, Stripe. We receive payment status and limited identifiers, such as card brand and last four digits. - Owners onboard to Stripe Connect directly. We store only Stripe account identifiers and status flags, never bank account numbers. - **Legal acceptance records:** which document version you accepted, when, and the IP address and browser user agent at the time. - **Technical information:** log data, device and browser information, and cookies needed to keep you signed in. ## 2. How we use it - to provide the Platform, run transactions, and show Owners the information they need to decide on a request; - to send transactional notifications, such as booking, payment and schedule messages. You cannot opt out of these while you have an active account; - to send marketing email **only if you opted in**. Every marketing email has an unsubscribe link; - to prevent fraud, keep the Platform safe, enforce our terms, and meet legal obligations; - to keep auditable records of legal acceptances and payments. ## 3. How we share it - **Between transaction parties:** an Owner sees a Lessee's request details and relevant pilot and insurance information. Contact details are shared only once a transaction reaches the stage where they are needed. - **Service providers** that process data on our behalf, in these categories: - hosting, infrastructure and database providers; - payment processors, including Stripe and Stripe Connect; - communications and email providers; - mapping and location providers, where used; - security, analytics and other service providers, where used. - **Legal reasons:** where required by law, or to protect rights and safety. - **Business transfers:** in a merger or sale, subject to this policy. We do not sell personal information. ## 4. Retention - We keep information for as long as reasonably necessary for the purposes we collected it for. Those purposes include providing the service and meeting legal, tax, accounting, fraud-prevention, safety, enforcement and dispute-resolution obligations. - Different categories of information may have different retention periods. - Legal acceptance and transaction records are kept as append-only audit records. They may be kept after your account is closed where reasonably necessary or legally required. - Email suppression records are kept so we can honor unsubscribes and bounces. ## 5. Your choices and rights - You can view and update your profile in your account, and unsubscribe from marketing at any time. - Where applicable law gives you the right, you may ask us to access, correct or delete your personal information. Send requests to pickyourplane@gmail.com. - These rights are subject to applicable law and to our lawful retention obligations (section 4). ## 6. Security We use encryption in transit, access controls and row-level database security. No system is perfectly secure. Tell us about any concern at pickyourplane@gmail.com. ## 7. Children The Platform is not intended for anyone under 18. ## 8. Changes We will post updated versions with a new version number and date, and notify you of material changes. ## 9. Contact Palm Beach Adventures, LLC d/b/a PickYourPlane pickyourplane@gmail.com (678) 359-2058

# Terms of Service **Version:** 1.2 **Checkpoint:** SIGNUP ## 1. Who we are These Terms of Service ("Terms") are an agreement between you and Palm Beach Adventures, LLC, a Florida limited liability company, doing business as PickYourPlane ("PickYourPlane", "PYP", "we", "us" or "our"). They govern your use of the PickYourPlane website, applications and services (the "Platform"). Email: pickyourplane@gmail.com. Phone: (678) 359-2058. ## 2. What PickYourPlane is — and is not PickYourPlane provides marketplace, software, administrative and payment-facilitation services. It lets independent aircraft owners ("Owners") offer their aircraft for **aircraft-only dry lease** to lessees ("Lessees" or "renters"). PickYourPlane is **not**: - the owner or lessor of any aircraft listed on the Platform; - the lessee of any aircraft; - the operator of any aircraft; - an air carrier, charter operator or commercial operator; - a provider of pilots or crew. It does not provide, assign, recommend, match, book, price or sell pilots or crew; - a guarantor of the performance of any Owner, Lessee or pilot. Each aircraft dry lease made through the Platform is between the Owner (as lessor) and the Lessee. PickYourPlane is not a party to it. PickYourPlane does **not** guarantee: - that any aircraft will remain listed or available; - the performance or solvency of any Owner; - the performance of any Lessee or pilot; - that an aircraft is airworthy because its listing is published; - that insurance coverage exists because a document or status appears on the Platform. Our review of a listing before publication checks completeness and policy compliance only. It is not an inspection or verification of the aircraft. ## 3. Eligibility and accounts - You must be at least 18 years old and able to enter a binding contract. - You must give accurate information and keep it up to date. - You are responsible for activity under your account and for keeping your credentials secure. Tell us promptly at pickyourplane@gmail.com if you suspect unauthorized use. - We may suspend or close an account that breaches these Terms or creates risk for other users, with notice where practical. ## 4. Additional terms Some activities require you to accept additional documents at the point you take that action. They form part of these Terms when accepted: | Activity | Additional documents | | --- | --- | | Activating an Owner account | Owner Terms; Marketplace Terms | | Starting a marketplace relationship | Marketplace Terms; Anti-Circumvention Agreement | | Standard package purchase | Part 91 Dry Lease Agreement; Package Validity Terms; Cancellation & Refund Policy | | Accepting a Flexible Final Quote | Flexible Trip Terms; Part 91 Dry Lease Agreement; Cancellation & Refund Policy | If an additional document conflicts with these Terms on its subject, the additional document controls for that subject. ## 5. Prices and payment - The price of a Standard package, and the rates and amounts in a Flexible Final Quote, are the renter-facing transaction price. You see and accept that price before you commit. - PickYourPlane's marketplace fees, payment-processing costs and the Owner's payout are calculated internally from the economics that apply to the transaction. Those economics are frozen when you commit. Later changes by the Owner or by PickYourPlane do not change a transaction you have already accepted. - PickYourPlane is not required to show you how the price is divided between PickYourPlane and the Owner, except where the law requires it or the Platform chooses to display it. - Payments are processed by our payment processor, Stripe. We do not store full card numbers. - Taxes are charged only where we are required to collect them and are shown separately. ## 6. Your conduct You agree not to: - misrepresent your identity, qualifications, aircraft, insurance or documents; - use the Platform to arrange carriage of persons or property for compensation or hire, or any arrangement in which the Owner provides both aircraft and crew; - hold out, advertise or offer air transportation through the Platform; - interfere with the Platform, attempt unauthorized access, or scrape it; - arrange transactions outside the Platform in breach of the Anti-Circumvention Agreement. ## 7. Safety and aviation responsibility Each Owner, Lessee and pilot is responsible for complying with applicable aviation laws and regulations. These include airworthiness, pilot certification, currency, medical, airspace and operating rules. The Owner and the Owner's insurer decide whether a pilot is approved to fly the aircraft. PickYourPlane does not make that decision. ## 8. Listings Owners are responsible for the accuracy of their listings, including aircraft, maintenance, equipment, insurance and fuel information. ## 9. Disclaimers To the fullest extent permitted by applicable law, the Platform is provided "as is" and "as available", and PickYourPlane disclaims all implied warranties. These include merchantability, fitness for a particular purpose and non-infringement. PickYourPlane makes no warranty about any aircraft, its condition or airworthiness, or about any user. ## 10. Limitation of liability To the fullest extent permitted by applicable law: - PickYourPlane is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost data; - PickYourPlane is not liable for loss arising from the operation, condition or use of any aircraft by an Owner, Lessee or pilot; - PickYourPlane's aggregate liability for all claims relating to the Platform is limited to the greater of: - **(a)** the marketplace and platform fees you actually paid to PickYourPlane in the 12 months before the event giving rise to the claim; or - **(b)** US $100. Aircraft rental amounts that belong to Owners are not "fees paid to PickYourPlane" for this cap, even if PickYourPlane collected them. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. That includes, where applicable, liability for PickYourPlane's own fraud, gross negligence or wilful misconduct. ## 11. Indemnity To the extent permitted by applicable law, you will indemnify PickYourPlane against third-party claims arising from: - your use or operation of an aircraft; - your breach of these Terms; or - your violation of law or third-party rights. ## 12. Governing law and disputes These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. To the extent permitted by applicable law, disputes will be resolved in the state and federal courts located in Palm Beach County, Florida. Each party consents to the jurisdiction of those courts. ## 13. Changes We may update these Terms. Each version is numbered and dated. Material changes apply to you only once you accept the new version. Transactions you have already accepted stay under the version in force when you accepted them. ## 14. Contact Palm Beach Adventures, LLC d/b/a PickYourPlane pickyourplane@gmail.com (678) 359-2058