Terms of Service

SECTION 1

Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.

By creating an account or purchasing access, you represent that:

• You are at least 18 years old;
• The information you provide is accurate;
• You are legally permitted to enter into these Terms;
• You are not prohibited from using the Service under applicable law;
• You will use the Service only for lawful educational purposes.

The Service is not directed to children.

We may suspend or terminate an account if we reasonably believe the user does not meet these eligibility requirements.

SECTION 2

Educational purpose

The Service is an independent educational and examination-preparation product.

The Service is not:

• An aviation maintenance manual;
• Approved maintenance data;
• A substitute for required aviation training;
• A substitute for required practical experience;
• A substitute for instruction from a qualified instructor;
• An Aviation Maintenance Technician School;
• A Designated Mechanic Examiner;
• An official FAA examination;
• A certification authority;
• A source of return-to-service authorization;
• A substitute for current FAA regulations, ACS publications, advisory circulars, handbooks, airworthiness directives, manufacturer manuals, service information, or other authoritative materials.

The Service is intended only to assist users in studying and preparing.

Nothing in the Service authorizes a user to:

• Perform aircraft maintenance;
• Exercise certificate privileges;
• Approve an aircraft or component for return to service;
• Sign a maintenance record;
• Represent themselves as certificated or qualified;
• Disregard applicable regulations, approved data, or safety procedures.

Users are responsible for consulting current authoritative sources before making any aviation, maintenance, regulatory, safety, or certification decision.

SECTION 3

No FAA affiliation or endorsement

Checkride Prep is an independent commercial educational product.

Unless expressly stated otherwise, the Company is not affiliated with, sponsored by, approved by, certified by, or endorsed by:

• The Federal Aviation Administration;
• The United States Department of Transportation;
• PSI Services;
• Any Designated Mechanic Examiner;
• Any Aviation Maintenance Technician School;
• Any testing center;
• Any certification authority;
• Any aircraft, engine, component, or equipment manufacturer.

References to “FAA,” “ACS,” “AKTR,” “A&P,” “General,” “Airframe,” “Powerplant,” and similar terms are descriptive and do not imply sponsorship, approval, or endorsement.

All third-party names, marks, and materials belong to their respective owners.

SECTION 4

Examination disclaimer

The Service does not guarantee access to actual examination questions.

The Service does not contain or promise access to stolen, confidential, reconstructed, unlawfully disclosed, or improperly obtained examination materials.

Study questions may differ from official examination questions in:

• Wording;
• Format;
• Subject selection;
• Difficulty;
• Scope;
• Expected response;
• Grading;
• Follow-up questions.

Actual questions and projects are determined by the applicable testing system and examiner.

The FAA Aviation Mechanic ACS provides that AKTR deficiencies are retested during the oral portion while additional questions may also be selected. The Service therefore cannot predict the complete examination or guarantee which questions will be asked.

The Company does not guarantee:

• That a particular question will appear;
• That every possible examination topic is included;
• That an examiner will accept an answer provided by the Service;
• That every ACS code will be matched correctly;
• That completing a study set establishes competence;
• That an estimated score will match an official score;
• That a user will pass a written, oral, or practical examination;
• That a user will qualify for or receive a certificate or rating;
• That a user will obtain employment, promotion, compensation, or another professional result.

Users remain responsible for preparing for all applicable knowledge, risk-management, and skill elements.

SECTION 5

Written Test Prep

Written Test Prep may include:

• Study questions;
• Answer choices;
• Explanations;
• References;
• Practice examinations;
• Performance statistics;
• Percentile estimates;
• Difficulty estimates;
• Recommended areas of study.

These features are educational tools. They are not official FAA results.

Practice scores, percentiles, and predictions may rely on limited, incomplete, changing, or non-representative information.

Questions, explanations, and references may contain errors, omissions, outdated information, or differences from current official sources.

Users are responsible for verifying important information against current authoritative materials.

SECTION 6

AKTR uploads

The Service may permit users to upload, scan, enter, or select information from an Airman Knowledge Test Report or another examination report.

A user may upload only:

• The user’s own report;
• A report the user is authorized to provide;
• Information the user is legally authorized to process through the Service.

Before uploading a report, users should review and redact information that is not required, including:

• FAA Tracking Numbers;
• Social Security numbers;
• Government identification numbers;
• Dates of birth;
• Home addresses;
• Signatures;
• Payment information;
• Information belonging to another person;
• Unrelated documents or records.

The user authorizes the Company and its contracted providers to host, store, process, analyze, and extract information from an uploaded report as reasonably necessary to provide and improve the Service.

Extracted information may include:

• Examination section;
• Score;
• Test date;
• ACS codes;
• Deficiency occurrences;
• File metadata;
• Other information necessary to process the report.

Automated extraction may contain errors. Users are responsible for reviewing extracted information and notifying the Company of suspected errors.

SECTION 7

ACS-code analysis

The Service may:

• Normalize ACS-code formatting;
• Match codes to question-bank content;
• Group codes under topics;
• Identify duplicate occurrences;
• Calculate priority;
• Generate study targets;
• Identify unmatched codes.

These processes are automated study tools and may produce incorrect, incomplete, or outdated results.

An unmatched code does not mean the code is invalid or unimportant. It may indicate:

• A formatting issue;
• An extraction error;
• An archived or revised code;
• A database omission;
• A classification issue;
• A temporary technical problem.

Users are responsible for comparing the analysis with the original report and current official FAA materials.

Terms such as “priority,” “weak area,” “learning,” “ready,” “verified,” “cleared,” or “mastered” describe internal study status only.

They are not official FAA findings and do not establish actual competence or examination readiness.

SECTION 8

Oral Prep

Oral Prep is a self-directed study activity.

A user may be asked to:

• Read a question;
• Answer aloud;
• Reveal or review an answer guide;
• Rate the response as “Knew it,” “Almost,” “Missed it,” or a similar selection.

Unless expressly identified otherwise, the Company does not record, transcribe, listen to, or independently evaluate the user’s spoken Oral Prep answer.

Oral Prep ratings are self-assessments.

Readiness may be calculated using factors such as:

• Self-reported ratings;
• Successful recall;
• Repetition;
• Question variation;
• Separate study sessions;
• Recent misses;
• Study history.

An Oral Prep status does not mean:

• A human instructor evaluated the answer;
• An examiner would accept the answer;
• The user has satisfied an FAA standard;
• The user can safely perform related maintenance;
• The user will pass an examination;
• The subject no longer requires review.

SECTION 9

Mock Oral examinations

The Mock Oral may present examiner-style questions and allow users to type their answers.

During the Mock Oral:

• Users may not receive hints or immediate feedback;
• Answers may be stored until final submission;
• The complete examination may be evaluated after submission;
• Some questions may relate to AKTR deficiencies;
• Additional questions may be selected from other applicable areas.

The Mock Oral is a study simulation. It is not administered by an FAA examiner and is not an official examination.

SECTION 10

AI evaluations

Mock Oral responses may be evaluated by an automated artificial-intelligence system.

AI evaluation may consider:

• Whether the answer addresses the question;
• Technical accuracy;
• Missing information;
• Safety considerations;
• Regulatory considerations;
• Clarity;
• Completeness;
• An estimated score;
• Whether further study is recommended.

10.1 AI limitations

AI-generated feedback may be inaccurate, incomplete, inconsistent, misleading, or outdated.

An AI system may:

• Reject a correct answer;
• Accept an incorrect answer;
• Fail to identify unsafe information;
• Misunderstand abbreviations;
• Misinterpret technical terminology;
• Give different results for similar answers;
• Generate unsupported information;
• Fail to consider relevant context.

AI feedback is not:

• An official grade;
• An FAA result;
• An examiner’s judgment;
• A human instructor’s endorsement;
• A professional maintenance opinion;
• Approved maintenance data;
• A guarantee of competence or examination success.

Users must independently verify AI feedback against current authoritative materials.

10.2 Third-party AI providers

The Company may use third-party AI, cloud, database, and infrastructure providers to process Mock Oral responses.

Typed answers and related information may be transmitted to those providers as described in the Privacy Policy.

Users must not submit:

• Employer-confidential information;
• Proprietary maintenance information;
• Export-controlled technical data;
• Personal information about another person;
• Restricted examination materials;
• Information the user is not authorized to disclose.

10.3 AI scores and results

A “pass,” “acceptable,” “ready,” or “verified” result is an internal educational estimate.

It is not an official result and does not bind an examiner, school, employer, regulator, or certification authority.

The Company may change AI providers, prompts, scoring rubrics, confidence requirements, safety rules, or evaluation methods.

SECTION 11

No real-world maintenance reliance

The Service must not be used as the basis for:

• Performing aircraft maintenance;
• Troubleshooting an actual aircraft or component;
• Selecting a repair procedure;
• Determining airworthiness;
• Approving return to service;
• Signing a maintenance record;
• Determining regulatory compliance;
• Responding to an active hazardous condition;
• Replacing manufacturer-approved instructions;
• Exercising certificate privileges.

Safety is the user’s responsibility.

The user assumes responsibility for obtaining proper training, supervision, tools, documentation, authorization, and approved data before performing maintenance.

SECTION 12

Account registration and security

Users may be required to create an account.

Users agree to:

• Provide accurate information;
• Keep account information current;
• Maintain password confidentiality;
• Use a secure password;
• Restrict access to their account and devices;
• Notify the Company of suspected unauthorized access;
• Accept responsibility for activity conducted through their account to the extent permitted by law.

Accounts are personal.

Users may not:

• Share account credentials;
• Allow another person to use an account;
• Sell or transfer an account;
• Lease account access;
• Use one purchase for multiple students;
• Operate a classroom or commercial training service through an individual account.

The Company may require identity, email, or payment verification.

SECTION 13

Purchase and 18-month access period

Payment provides one named user with a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access the purchased course through the Service.

Access begins immediately after successful payment and expires automatically 18 months after the purchase date.

The purchase is a one-time charge.

It does not automatically renew.

The Company will not charge the user again unless the user separately makes another purchase.

No cancellation is required.

The expiration date may be displayed in the user’s account.

Failure to begin, use, or complete the course does not:

• Pause the access period;
• Extend the expiration date;
• Create a right to a refund;
• Create a credit;
• Transfer access to another person.

Unused access time has no cash value and may not be transferred or exchanged.

The Company may grant an extension at its sole discretion. An extension is not guaranteed and does not create an obligation to provide future extensions.

The user is purchasing a limited right to access the Service for 18 months. The user is not purchasing ownership of the software, course, question bank, explanations, database, videos, scoring systems, or other content.

When the access period expires, access ends automatically.

Expiration does not necessarily result in immediate deletion of account records, User Content, or legally retained information. Retention and deletion are governed by the Privacy Policy.

SECTION 14

Payments and taxes

Users authorize the Company and its payment provider to charge the displayed purchase price and applicable taxes using the selected payment method.

Prices will be disclosed before payment.

The Company may change prices for future purchases at any time. A price change does not affect a completed purchase.

The user is responsible for applicable taxes except taxes imposed on the Company’s net income.

The Company may decline or cancel a transaction affected by:

• Payment failure;
• Suspected fraud;
• Pricing error;
• Technical error;
• Unauthorized use;
• Legal restriction.

If the Company cancels a completed transaction without providing access, the Company will provide a legally appropriate remedy.

SECTION 15

Refund policy

ALL SALES ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE A REFUND OR OTHER REMEDY IS REQUIRED BY APPLICABLE LAW.

Because digital access is provided immediately, the Company does not provide refunds or credits for:

• A change of mind;
• Failure to use the Service;
• Failure to complete the course;
• Failure to schedule or attend an examination;
• Failure to pass an examination;
• Dissatisfaction with an examination result;
• A change in school, employment, training, or certification plans;
• Loss of eligibility for an examination or certificate;
• Failure to use access before expiration;
• Suspension or termination resulting from a violation of these Terms;
• Temporary interruptions that do not materially prevent use of the Service;
• Disagreement with an AI evaluation;
• Disagreement with a question, explanation, score, or study recommendation.

The Company will review claims involving:

• A duplicate charge;
• A confirmed unauthorized transaction;
• A material failure to provide purchased access that the Company cannot correct within a reasonable period;
• A refund or remedy required by law.

The Company may provide a refund, credit, extension, or other accommodation at its sole discretion.

A discretionary accommodation does not create an obligation or precedent.

SECTION 16

Limited user license and restrictions on use

Limited license to users

Subject to these Terms and any applicable purchase or subscription requirements, the Company grants each authorized user a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service and the Company Materials solely for that user’s own personal educational and study purposes.

This license does not constitute a sale or transfer of any Company Materials or intellectual-property rights.

The license terminates automatically upon termination or suspension of the user’s account or upon violation of these Terms.

Prohibited copying and commercial use

Unless the Company provides prior express written permission, users may not, directly or indirectly:

• Copy, reproduce, republish, upload, post, transmit, distribute, sell, license, sublicense, rent, lease, commercialize, or otherwise exploit any Company Materials;
• Reproduce or distribute questions, original distractors, explanations, instructional content, screenshots, review materials, assessment materials, or substantial portions of the database;
• Create, publish, sell, distribute, or operate a competing or substitute test-preparation product, question bank, website, application, course, study guide, database, or service using Company Materials;
• Systematically extract or collect questions, distractors, explanations, answers, metadata, images, categories, progress logic, or other content from the Service;
• Use scraping software, bots, crawlers, spiders, browser automation, scripts, APIs, automated extraction tools, data-mining tools, screen-capture automation, or similar technologies to obtain or reproduce Company Materials except where expressly authorized;
• Circumvent technical measures intended to prevent copying, downloading, extraction, automated access, account sharing, or other unauthorized use;
• Remove, obscure, alter, or falsify any copyright, trademark, attribution, proprietary-rights, watermark, or other rights-management notice;
• Modify Company Materials for the purpose of redistributing, publishing, or commercially exploiting them;
• Use Company Materials to construct, populate, supplement, validate, benchmark, or improve another aviation question bank, examination-preparation service, educational application, or competing database;
• Permit another person or entity to access Company Materials for any of the foregoing purposes; or
• Assist, facilitate, encourage, or enable another person or entity to engage in prohibited conduct.

Prohibition on AI and machine-learning use

Except with the Company’s prior express written authorization, users may not use Company Materials, whether individually or in bulk, to:

• Train, fine-tune, retrain, ground, evaluate, benchmark, test, validate, augment, or improve an artificial-intelligence or machine-learning model;
• Create embeddings, vector databases, retrieval corpora, datasets, training datasets, evaluation datasets, synthetic datasets, or similar machine-readable collections derived from Company Materials;
• Provide Company Materials to a generative-AI system for the purpose of creating a competing or substantially similar educational product, question bank, explanation library, assessment product, or database;
• Use automated systems to paraphrase, transform, translate, summarize, or regenerate Company Materials in bulk for redistribution or commercial exploitation; or
• Use Company Materials to reconstruct the contents or structure of the question bank.

This restriction does not prohibit ordinary personal use of general-purpose tools where such use does not involve systematic extraction, reproduction, dissemination, or commercial exploitation of Company Materials.

No mass capture or reconstruction of the question bank

Users may not use screenshots, screen recordings, copying, transcription, browser tools, automated extraction, manual coordinated extraction, multiple user accounts, crowdsourcing, or any combination of methods to capture or reconstruct all or a substantial portion of the question bank or educational database.

The fact that individual content items can be viewed through an authorized account does not authorize the creation of a separate permanent collection of those materials.

No competitive use

Access to the Service is provided for individual educational use and not for competitive intelligence or competitive product development.

Without prior written authorization, no person accessing the Service on behalf of, for the benefit of, or in connection with a competing or potentially competing test-preparation, education, aviation-training, question-bank, software, or information-services business may systematically access, study, extract, reproduce, benchmark, or analyze Company Materials for the purpose of developing, modifying, validating, or improving a competing product or service.

Nothing in this provision restricts conduct that applicable law expressly provides cannot be restricted by contract.

Account sharing and access controls

Each account is licensed to the individual registered user unless the applicable plan expressly provides otherwise.

Users may not share login credentials, permit unauthorized third parties to use their account, resell access, provide account access to a competing business, or use multiple accounts to circumvent usage, security, or content-access restrictions.

The Company may use reasonable technical and administrative measures to detect suspected account sharing, automated extraction, unusual access patterns, or other violations of these Terms.

All rights not expressly granted are reserved.

SECTION 17

Company intellectual property

Ownership of the platform and proprietary materials

Except for third-party materials and public-domain materials as expressly described below, all right, title, and interest in and to the platform, website, web and mobile applications, databases, educational materials, question-bank enhancements, instructional materials, original answer choices and distractors, original or adapted explanations, written content, graphics, illustrations, software, source code, object code, user-interface elements, design elements, features, functionality, organization, categorization, sequencing, selection, coordination and arrangement of content, educational presentation, course organization, study flows, assessment flows, progress-tracking features, mastery-tracking implementation, review mechanisms, scoring presentations, analytics presentations, and other proprietary materials made available through the Service (collectively, the “Company Materials”) are owned by or licensed to the Company and are protected, to the fullest extent applicable, by United States and international copyright, trademark, trade-secret, unfair-competition, contract, and other intellectual-property and proprietary-rights laws.

The Company reserves all rights in the Company Materials that are not expressly granted to users under these Terms.

Nothing in these Terms transfers to any user any ownership interest in the Company or the Company Materials.

Original educational content

Without limiting the foregoing, the Company claims all rights available under applicable law in original educational expression created, developed, selected, edited, revised, coordinated, arranged, or compiled for the platform, including, where applicable:

• Original wording of incorrect answer choices and distractors;
• Original or protectable portions of answer explanations, instructional explanations, summaries, annotations, study guidance, and educational commentary;
• Original graphics, diagrams, annotations, and instructional visual materials;
• Original organization and presentation of educational materials;
• Original selection, coordination, and arrangement of questions, explanations, subject matter, categories, subcategories, lessons, review sets, and assessments;
• Original combinations and compilations of educational materials;
• Original written descriptions of the study, testing, review, assessment, and mastery features;
• Software, source code, architecture, user-interface designs, branding, videos and media, AI prompts, evaluation structures, rubrics, analytics, documentation, updates, and improvements; and
• Modifications, editorial contributions, annotations, and other protectable additions made by the Company to materials that may otherwise contain or be based upon public-domain information.

Copyright protection is asserted only to the extent that the applicable material qualifies for protection under applicable law.

Compilation and database rights

The question bank and educational database may contain a combination of public-domain materials, factual information, independently created materials, licensed materials, and proprietary Company Materials.

Even where individual underlying facts, questions, source materials, or data are not independently copyrightable, the Company reserves all rights available under applicable law in the original and protectable selection, coordination, arrangement, categorization, sequencing, annotation, compilation, and presentation of the database and its contents.

Users acknowledge that substantial time, expertise, technical development, editorial judgment, quality-control processes, and resources have been invested in developing and maintaining the database.

Except as expressly permitted under these Terms or required by applicable law, users may not extract, copy, reproduce, reconstruct, download, scrape, harvest, compile, republish, redistribute, or create a substitute or competing database using the Company Materials.

Course structure, assessment architecture, and mastery system

The Company has developed a particular educational experience that may include subject organization, question sequencing, diagnostic assessments, study modes, review modes, mastery thresholds, progress measurements, repetition logic, remediation flows, scoring systems, presentation methods, and mechanisms for determining or displaying student mastery.

Certain underlying educational ideas, procedures, processes, systems, algorithms, methods, or concepts may not themselves be protected by copyright. Nothing in these Terms is intended to claim copyright ownership over an idea, system, procedure, process, concept, or method to the extent applicable law prohibits such protection.

However, the Company reserves all rights available under copyright, contract, trade-secret, unfair-competition, and other applicable law in the original expression, implementation, presentation, documentation, and arrangement of those features.

The Service may be protected by copyright, trademark, trade-secret, contract, and other laws.

Unauthorized use may cause irreparable harm. To the extent permitted by law, the Company may seek injunctive or equitable relief in addition to damages and other remedies.

SECTION 18

Government, public-domain, and third-party materials

The Company incorporates, references, adapts, links to, or uses certain materials originating from the Federal Aviation Administration (“FAA”), other agencies of the United States Government, or other public-domain sources.

The Company does not claim copyright ownership in underlying material that is in the public domain or otherwise not eligible for copyright protection. Without limitation, the Company does not claim exclusive ownership of:

• FAA publications or portions thereof that constitute works of the United States Government and are in the public domain;
• Aviation facts, principles, technical specifications, regulations, standards, concepts, procedures, processes, systems, or methods that are not independently protectable by copyright;
• Facts or data merely because they appear within the Service; or
• Third-party materials for which ownership remains with the applicable third party.

The inclusion of public-domain or government material within the Service does not place the Company’s independent contributions into the public domain.

To the extent permitted by law, the Company retains rights in its own protectable contributions associated with such material, including original text, revisions, editorial contributions, explanations, annotations, graphics, selection, coordination, arrangement, organization, and compilation authorship.

Nothing in these Terms prevents users from obtaining and lawfully using public-domain materials directly from official sources.

Third-party materials

Certain materials available through the Service may be owned by or licensed from third parties. All rights in such materials remain with their respective owners.

Nothing in these Terms grants a user any rights to third-party material beyond those rights necessary to use such material through the Service in accordance with these Terms. Users must comply with any additional attribution, license, or use restrictions applicable to such materials.

FAA references and no government affiliation

References to the FAA, FAA publications, FAA standards, FAA handbooks, FAA regulations, FAA examinations, or other government materials are provided for educational and informational purposes.

Unless expressly stated otherwise, the Service is an independent educational product and is not affiliated with, sponsored by, endorsed by, certified by, or operated by the FAA or any other agency of the United States Government.

Any FAA trademarks, names, publications, or other government identifiers remain the property of their respective owners or are used solely as permitted by applicable law.

SECTION 19

Trademarks and branding

The Company name, logos, product names, graphical branding, trade dress, slogans, designs, and other source-identifying marks used in connection with the Service are proprietary to the Company or their respective owners to the extent protected by applicable law.

Nothing in these Terms grants any license or right to use such branding except as necessary to identify the Service in a lawful manner.

Users may not use Company marks in a manner that:

• Falsely suggests sponsorship, affiliation, approval, endorsement, or authorization;
• Creates confusion;
• Identifies a competing product;
• Dilutes or disparages a mark;
• Places a mark in a domain name, application name, social-media name, metadata, or advertising keyword without permission.

The ® symbol will be used only for federally registered marks.

SECTION 20

User Content

“User Content” includes:

• Uploaded test reports;
• ACS-code information;
• Typed Mock Oral answers;
• Study notes;
• Support requests;
• Error reports;
• Account information;
• Other information submitted through the Service.

As between the user and the Company, the user retains any ownership rights the user has in User Content.

The user grants the Company a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, format, transmit, analyze, modify, and process User Content as reasonably necessary to:

• Provide the Service;
• Personalize study activities;
• Generate reports;
• Produce AI evaluations;
• Maintain accounts;
• Improve the Service;
• Develop educational content and evaluation methods;
• Prevent fraud and abuse;
• Protect security;
• Troubleshoot;
• Comply with law;
• Enforce these Terms;
• Create aggregated, deidentified, statistical, or derived data.

This license permits contracted providers to process User Content for those purposes, subject to applicable agreements and the Privacy Policy.

The user represents that:

• The user owns or has permission to submit the User Content;
• Submission does not violate another person’s rights;
• The content is not confidential information the user is prohibited from disclosing;
• The content is not unlawfully obtained examination material;
• Processing will not violate an obligation to a school, employer, testing provider, or another party.

SECTION 21

Aggregated, deidentified, and derived data

The Company may collect or derive information concerning use of the Service, including:

• Study activity;
• Question performance;
• Answer patterns;
• ACS-code patterns;
• Course completion;
• Feature usage;
• Technical performance;
• Evaluation results;
• Product interactions.

The Company may combine User Content and Service data with data from other users and transform it into aggregated, statistical, or deidentified information that cannot reasonably be linked to a particular person or household.

To the maximum extent permitted by law, the Company may retain this information indefinitely and may:

• Use;
• Reproduce;
• Analyze;
• Modify;
• Combine;
• Publish;
• Disclose;
• License;
• Sell;
• Distribute;
• Commercialize;
• Create derivative works from it.

Permitted purposes include:

• Product development;
• Educational research;
• Question-bank development;
• Industry analysis;
• Performance benchmarking;
• Statistical reporting;
• Content development;
• Marketing insights;
• AI and machine-learning training, testing, development, and evaluation;
• Commercial reports;
• Commercial data products;
• Development of new services.

No user is entitled to compensation, attribution, notice, or ownership arising from such use.

As between the user and the Company, and to the extent legally protectable, the Company owns its:

• Databases;
• Analytical models;
• Derived datasets;
• Statistical outputs;
• Benchmarks;
• Scoring systems;
• Trends;
• Commercial reports.

The Company will take reasonable measures to maintain deidentified information in deidentified form and will not attempt to reidentify it except where permitted to test or validate deidentification procedures.

Recipients may be contractually required to refrain from reidentification.

Deletion of an account or User Content does not require deletion of information that was previously and lawfully converted into aggregated or deidentified form.

SECTION 22

Personal information and data commercialization

Personal information is collected, used, retained, disclosed, and deleted as described in the Privacy Policy and any applicable Notice at Collection.

Subject to applicable law and the disclosures and choices provided in the Privacy Policy, the Company may process personal information for:

• Account administration;
• Providing the Service;
• Personalization;
• Customer support;
• Analytics;
• Product improvement;
• Content development;
• AI evaluation;
• Security;
• Fraud prevention;
• Communications;
• Marketing;
• Legal compliance;
• Corporate transactions.

Where permitted by law and properly disclosed, the Company may disclose, share, license, or sell categories of personal information identified in the Privacy Policy.

Nothing in these Terms waives a privacy right that cannot legally be waived.

Where applicable law requires notice, consent, an opt-out, or another choice before a particular use or disclosure, the Company will provide the legally required mechanism.

These Terms do not, by themselves, constitute consent where separate or specific consent is required.

SECTION 23

Business transfers

In connection with a merger, acquisition, financing, reorganization, bankruptcy, sale of assets, or similar transaction, the Company may disclose or transfer:

• Account information;
• User Content;
• Purchase records;
• Service data;
• Intellectual property;
• Other information associated with the Service.

Any recipient will receive the information subject to applicable law and applicable privacy commitments unless users are provided legally sufficient notice of a change.

SECTION 24

Prohibited examination content

Users may not upload, transmit, or distribute:

• Recalled live examination questions obtained contrary to testing rules;
• Confidential testing materials;
• Stolen questions or answer keys;
• Prohibited testing-room photographs or recordings;
• Non-public examiner materials;
• Information obtained through fraud or unauthorized access;
• Instructions for circumventing examination security.

The Company may remove such content, suspend accounts, preserve relevant records, and cooperate with lawful investigations.

SECTION 25

Acceptable use

Users may not use the Service to:

• Violate a law, regulation, testing rule, or agreement;
• Infringe intellectual-property, privacy, or confidentiality rights;
• Impersonate another person;
• Provide false information;
• Gain unauthorized access;
• Probe system vulnerabilities without permission;
• Circumvent security or usage restrictions;
• Introduce malware;
• Interfere with operation;
• Use unauthorized bots;
• Scrape or download content in bulk;
• Resell the Service;
• Create a competing dataset;
• Train an AI model using Service content;
• Harass another person;
• Submit illegal or harmful content;
• Use the Service for live maintenance decisions;
• Present internal results as official FAA results;
• Falsify training or certification records.

SECTION 26

Feedback

If a user voluntarily provides suggestions, ideas, corrections, recommendations, feature requests, feedback, or other comments concerning the Service (“Feedback”), the user grants the Company a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, incorporate, commercialize, and otherwise exploit that Feedback for any lawful purpose without payment or obligation to the user.

This provision does not transfer ownership of materials independently owned by the user and submitted for purposes unrelated to Feedback, and does not transfer ownership of an uploaded AKTR merely because the user reports an extraction error.

SECTION 27

Privacy and security

The Privacy Policy explains how personal information is collected, used, disclosed, retained, and protected.

No online system can guarantee absolute security.

Users acknowledge that electronic transmission and storage involve risk.

The Company may use reasonable administrative, technical, and organizational safeguards, but does not guarantee that unauthorized access, loss, alteration, or disclosure will never occur.

Users should not upload information that is unnecessary for the Service.

SECTION 28

Third-party services

The Service may rely on third parties for:

• Hosting;
• Databases;
• Authentication;
• Payments;
• Email;
• File storage;
• Report extraction;
• Analytics;
• Error monitoring;
• AI evaluation.

Third-party services may become unavailable, change functionality, or process information under separate terms.

To the maximum extent permitted by law, the Company is not responsible for third-party products or services outside its reasonable control.

SECTION 29

External links

The Service may link to FAA publications, manufacturers, testing providers, schools, or other websites.

Links are provided for convenience and do not imply endorsement.

The Company does not control external content and is not responsible for its accuracy, security, availability, or practices.

SECTION 30

Service availability and changes

The Company may modify, update, restrict, suspend, or discontinue features.

The Company does not guarantee:

• Continuous availability;
• Error-free operation;
• Permanent availability of a question;
• Permanent use of a particular AI provider;
• Compatibility with every device;
• Preservation of a particular scoring method;
• Permanent availability of a particular feature.

The Company may perform maintenance without notice where reasonably necessary.

Where required by law, the Company will provide an appropriate notice or remedy if the paid Service is materially discontinued.

SECTION 31

Suspension and termination

The Company may suspend or terminate access if it reasonably believes:

• These Terms were violated;
• Use creates a security or legal risk;
• Payment was fraudulent;
• An account was compromised;
• Company or third-party rights were infringed;
• Content was extracted or redistributed;
• Suspension is legally required;
• Continued access could harm another person or the Service.

Immediate action may be taken for fraud, security threats, unauthorized extraction, account sharing, intellectual-property misuse, or serious violations.

Suspension or termination for a violation does not create a right to a refund.

Upon termination, the user’s license ends immediately.

Provisions concerning ownership, data rights, payments, warranties, liability, indemnification, and disputes survive termination.

SECTION 32

Copyright complaints and enforcement

The Company respects intellectual-property rights and expects users to do the same. A person who believes that material available through the Service infringes that person’s copyright or other intellectual-property rights may contact the Company using the intellectual-property contact information designated on the platform.

Copyright complaints should be sent to:

Checkride Prep LLC · Email: support@studycheckride.com

The notice should include:

• Identification of the copyrighted work;
• Identification and location of the allegedly infringing material;
• Contact information;
• A good-faith statement that the use is unauthorized;
• A statement that the information is accurate and that the sender is authorized to act;
• A physical or electronic signature.

The Company may investigate notices of alleged infringement and take action it considers appropriate in accordance with applicable law and these Terms.

Enforcement

Unauthorized access, copying, extraction, reproduction, redistribution, publication, commercial use, or other exploitation of Company Materials may constitute a violation of these Terms and may also violate copyright, trademark, trade-secret, unfair-competition, computer-access, or other applicable laws.

To the extent permitted by applicable law, the Company reserves the right to suspend or terminate access, preserve relevant records, investigate suspected violations, seek injunctive or equitable relief, seek monetary damages or other remedies available by law or contract, and recover any other relief available under applicable law.

The availability of one remedy does not waive any other remedy available to the Company.

SECTION 33

Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE PLATFORM, AND ALL COMPANY MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• COMPLETENESS;
• RELIABILITY;
• CURRENTNESS;
• AVAILABILITY;
• SECURITY;
• QUIET ENJOYMENT;
• COMPATIBILITY;
• COURSE OF DEALING;
• COURSE OF PERFORMANCE;
• AND USAGE OF TRADE,

TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT OR REPRESENT THAT:

• ALL MATERIALS WILL BE ERROR-FREE;
• EVERY QUESTION, ANSWER, DISTRACTOR, EXPLANATION, FIGURE, REFERENCE, OR TECHNICAL STATEMENT WILL BE COMPLETE OR CURRENT AT ALL TIMES;
• THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION;
• DEFECTS WILL ALWAYS BE CORRECTED;
• DATA OR PROGRESS INFORMATION WILL NEVER BE LOST;
• THE PLATFORM WILL BE FREE FROM MALICIOUS CODE OR SECURITY INCIDENTS;
• THE PLATFORM WILL BE COMPATIBLE WITH EVERY DEVICE, BROWSER, OPERATING SYSTEM, OR THIRD-PARTY SERVICE;
• REPORT EXTRACTION WILL BE ACCURATE;
• ACS CODES WILL ALWAYS BE MATCHED CORRECTLY;
• AI EVALUATIONS WILL BE CORRECT;
• FAA MATERIAL, RULES, STANDARDS, TESTING PRACTICES, PUBLICATIONS, OR EXAMINATION CONTENT WILL NOT CHANGE;
• AN EXAMINER WILL ACCEPT AN ANSWER;
• THE SERVICE WILL IDENTIFY EVERY SAFETY CONCERN;
• OR THE USER WILL ACHIEVE ANY PARTICULAR EDUCATIONAL, TESTING, PROFESSIONAL, OR FINANCIAL RESULT.

NO ORAL OR WRITTEN INFORMATION, STATEMENT, COMMUNICATION, ADVICE, OR REPRESENTATION PROVIDED BY THE COMPANY OR ANY OF ITS EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, OR SERVICE PROVIDERS SHALL CREATE A WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the maximum extent permitted by law, and nothing in this section excludes a warranty or right that applicable law expressly prohibits the Company from disclaiming.

User responsibility to verify material information

Users acknowledge that aviation regulations, technical standards, FAA publications, examination practices, and other source materials may change.

Although the Company may make reasonable efforts to maintain accurate educational content, users are responsible for verifying information against current authoritative sources when accuracy is material to an actual aviation activity, examination requirement, certification requirement, regulatory obligation, or safety-related decision.

The existence of a correction, update, omission, typographical error, technical disagreement, or subsequently changed FAA guidance does not by itself constitute a breach of these Terms.

SECTION 34

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• SPECIAL DAMAGES;
• EXEMPLARY DAMAGES;
• PUNITIVE DAMAGES;
• CONSEQUENTIAL DAMAGES;
• LOSS OF PROFITS;
• LOSS OF REVENUE;
• LOSS OF BUSINESS;
• LOSS OF OPPORTUNITY;
• LOSS OF GOODWILL;
• LOSS OF USE;
• LOSS OR CORRUPTION OF DATA;
• LOSS OF STUDY PROGRESS;
• COST OF SUBSTITUTE SERVICES;
• BUSINESS INTERRUPTION;
• EXAMINATION FEES;
• TRAINING EXPENSES;
• TRAVEL EXPENSES;
• CERTIFICATION DELAYS;
• FAILURE TO PASS;
• RELIANCE ON AN INCORRECT ANSWER;
• RELIANCE ON AI FEEDBACK;
• UNAUTHORIZED ACCOUNT ACCESS;
• THIRD-PARTY SERVICE FAILURE;
• LOST EMPLOYMENT OR COMPENSATION;
• OR OTHER SIMILAR LOSS,

ARISING OUT OF OR RELATING TO THE SERVICE, THE COMPANY MATERIALS, THESE TERMS, OR THE USER’S USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF THE COMPANY WAS ADVISED THAT SUCH DAMAGE WAS POSSIBLE.

THIS LIMITATION APPLIES TO CLAIMS BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, MISREPRESENTATION, RESTITUTION, OR ANY OTHER THEORY OF LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Aggregate liability cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ALL RELEASED PARTIES ARISING OUT OF OR RELATING TO THE SERVICE, THE COMPANY MATERIALS, THESE TERMS, OR THE RELATIONSHIP BETWEEN THE COMPANY AND THE USER SHALL NOT EXCEED THE GREATER OF:

• (A) THE TOTAL AMOUNT ACTUALLY PAID BY THAT USER TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
• (B) ONE HUNDRED UNITED STATES DOLLARS (US $100).

This limitation applies collectively to all claims and causes of action arising from the same or related events and shall not be increased by asserting multiple theories of liability, multiple claims, or multiple proceedings.

Exceptions required by law

Nothing in Sections 33 and 34 shall exclude or limit liability to the extent that such liability cannot lawfully be excluded or limited under applicable law, including liability that applicable law imposes for fraud, willful misconduct, gross negligence, or certain personal injuries.

Where applicable law prohibits complete exclusion of a particular category of liability but permits limitation of that liability, the Company’s liability shall be limited to the maximum extent permitted by applicable law.

The existence of a non-waivable statutory right shall not invalidate any other limitation, disclaimer, waiver, defense, or contractual provision that may lawfully be enforced.

Allocation of risk

The user acknowledges that pricing reflects the allocation of risk contained in these Terms; that the warranty disclaimers and liability limitations are material provisions of the agreement; that the Company would not provide the Service on the same economic terms without those provisions; and that the limitations apply even if a limited remedy is determined to have failed of its essential purpose, to the extent permitted by applicable law.

SECTION 35

Indemnification

To the fullest extent permitted by applicable law, the user agrees to defend, indemnify, and hold harmless the Company and its owners, members, managers, officers, directors, employees, contractors, affiliates, licensors, service providers, successors, and assigns from and against any third-party claim, demand, action, investigation, proceeding, liability, judgment, settlement, damage, loss, penalty, fine, cost, or expense, including reasonable attorneys’ fees and recoverable legal expenses, arising out of or relating to:

• The user’s violation of these Terms;
• Unauthorized use of the Service or Company Materials;
• Infringement or misappropriation of the Company’s or another person’s intellectual-property or proprietary rights;
• Unauthorized copying, scraping, extraction, redistribution, publication, resale, or commercialization of Company Materials;
• Use of Company Materials to create, train, evaluate, populate, improve, or support another product, database, artificial-intelligence system, or machine-learning system contrary to these Terms;
• Unauthorized access to or interference with Company systems;
• Fraud, impersonation, or account misuse;
• Unlawful use of the Service;
• User Content or other material supplied, transmitted, uploaded, or distributed by the user;
• Unauthorized disclosure of examination materials;
• Misrepresentation of a study result as official;
• Maintenance or safety decisions made contrary to these disclaimers;
• A violation of law attributable to the user’s conduct; or
• A third-party claim arising from the user’s use or misuse of information obtained through the Service.

This indemnification obligation applies only to the extent permitted by applicable law, and does not require a consumer to indemnify the Company for the Company’s unlawful conduct where prohibited.

Defense of indemnified claims

The Company may, at its election, assume control of the defense of any matter subject to indemnification. The user shall reasonably cooperate with the Company in defending the matter.

The user may not enter into a settlement that admits wrongdoing by the Company, imposes an obligation upon the Company, restricts the Company’s operations, affects the Company’s intellectual-property or proprietary rights, or requires payment by the Company, without the Company’s prior written consent.

The Company’s assumption of a defense does not waive the user’s indemnification obligations.

SECTION 36

Mandatory informal dispute resolution

Before commencing arbitration or litigation against the Company, a user must first provide the Company with written notice of the dispute and a reasonable opportunity to resolve it informally.

The notice must include:

• The user’s full name;
• The email address associated with the user’s account;
• A reasonably detailed description of the dispute;
• The relevant transaction, subscription, account, or conduct giving rise to the dispute;
• The specific relief requested; and
• Sufficient supporting information to allow the Company to evaluate the claim.

Notices to the Company must be sent to: support@studycheckride.com

The user and the Company shall attempt in good faith to resolve the dispute informally for at least thirty (30) days after the Company receives a complete notice.

Neither party may initiate arbitration regarding the dispute until the informal-resolution period has expired, except where immediate temporary or injunctive relief is reasonably necessary to prevent actual or threatened misuse of intellectual property, unauthorized access, disclosure of confidential information, data extraction, scraping, security violations, or other imminent and irreparable harm.

Compliance with this informal-dispute procedure is a condition precedent to commencing arbitration, except where prohibited by applicable law.

SECTION 37

Arbitration and class-action waiver

Agreement to binding individual arbitration

Except for disputes expressly excluded from arbitration below, the user and the Company agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms; the platform; the Company Materials; subscriptions, purchases, charges, refunds, or payments; account suspension or termination; representations concerning the Service; use or alleged misuse of the Service; privacy or data practices; intellectual-property matters; or any aspect of the relationship between the user and the Company shall be resolved exclusively through final and binding arbitration on an individual basis rather than through litigation in court.

This arbitration agreement shall be interpreted broadly to the fullest extent permitted by applicable law. Arbitration means that the dispute will be decided by a neutral arbitrator rather than by a judge or jury. Except as expressly provided in these Terms, the arbitrator may award the same individualized remedies that would otherwise be available in a court of competent jurisdiction, subject to applicable law and the limitations in these Terms.

Federal Arbitration Act

The parties acknowledge that the Service is provided through interstate commerce and agree that the Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs this arbitration agreement. The arbitrator shall apply the substantive law identified in the governing-law section, except to the extent federal law controls. Where there is any conflict between the Federal Arbitration Act and state law concerning the enforceability or interpretation of this arbitration agreement, the Federal Arbitration Act shall control to the fullest extent required by federal law.

Arbitration administrator and rules

Unless the Company and the user agree otherwise in writing, arbitration shall be administered by the American Arbitration Association (“AAA”) under the applicable AAA Consumer Arbitration Rules or other applicable AAA rules, as modified by these Terms.

If AAA is unavailable or unwilling to administer a particular arbitration, the parties shall attempt in good faith to select another nationally recognized arbitration provider. If the parties cannot agree upon a replacement administrator, either party may request that a court of competent jurisdiction appoint an arbitrator or arbitration administrator in accordance with applicable law.

The arbitration shall be conducted by a single neutral arbitrator unless applicable law or the applicable arbitration rules require otherwise.

Individual proceedings only; class and representative action waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, THE USER AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY.

NO DISPUTE MAY BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS:

• A CLASS ACTION;
• A COLLECTIVE ACTION;
• A CONSOLIDATED ACTION;
• A MASS ACTION;
• A REPRESENTATIVE ACTION;
• A PRIVATE ATTORNEY GENERAL ACTION;
• OR ANY OTHER PROCEEDING IN WHICH A PERSON SEEKS TO RESOLVE CLAIMS ON BEHALF OF OTHER PERSONS,

except to the extent that a particular form of representative relief cannot lawfully be waived under applicable law.

Neither an arbitrator nor an arbitration administrator shall have authority to consolidate the claims of different users or to preside over any form of class, collective, consolidated, or representative proceeding unless the Company expressly agrees in writing. Relief awarded in arbitration may benefit only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

No class arbitration

The parties expressly do not consent to class arbitration. Silence, ambiguity, or any alleged inconsistency in these Terms shall not be interpreted as consent to class, collective, consolidated, mass, or representative arbitration.

If any court determines that a particular claim must proceed on a class, collective, consolidated, or representative basis notwithstanding this agreement, that claim shall proceed in court rather than in arbitration unless the Company expressly agrees otherwise.

Authority to determine arbitrability

Except for questions concerning the validity or enforceability of the class and representative action waiver itself, the arbitrator shall have authority, to the fullest extent permitted by law, to determine disputes concerning the interpretation, applicability, scope, formation, or enforceability of this arbitration agreement.

Questions concerning whether the class and representative action waiver is valid or enforceable shall be determined by a court of competent jurisdiction rather than an arbitrator.

Location and method of arbitration

Unless applicable consumer-arbitration rules or applicable law require otherwise, arbitration shall be deemed seated in Miami-Dade County, Florida.

Where permitted by the applicable arbitration rules, proceedings may be conducted by video conference, telephone, written submissions, or another efficient remote method instead of an in-person hearing. The Company may agree to another location or procedure when reasonably necessary to comply with applicable law or arbitration rules. Use of remote arbitration procedures does not alter the legal seat of arbitration unless expressly agreed in writing.

Small-claims court exception

Either party may bring an individual claim in a court having lawful small-claims jurisdiction if the claim qualifies for that court and remains exclusively on an individual, non-representative basis.

A claim initially filed in small-claims court that is subsequently transferred, removed, appealed, consolidated, or otherwise becomes ineligible for small-claims treatment may be subject to arbitration under these Terms.

Costs of arbitration

Payment of filing, administration, arbitrator, and hearing fees shall be governed by the applicable arbitration rules and applicable law.

The Company reserves the right, but shall not be obligated except where required by law or applicable arbitration rules, to voluntarily pay or advance arbitration fees where doing so would facilitate efficient resolution of a good-faith individual consumer claim. Nothing in these Terms requires the Company to pay fees incurred as a result of frivolous, bad-faith, abusive, duplicative, coordinated, or otherwise improper proceedings to the extent applicable law and arbitration rules permit those fees to be allocated differently.

Jury-trial waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, THE USER AND THE COMPANY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY. The parties acknowledge that this waiver is a material consideration for entering into these Terms.

Arbitration opt-out

A user may opt out of arbitration by sending written notice within 30 days after first accepting these Terms.

The notice must include:

• Full name;
• Account email;
• Mailing address;
• A clear statement opting out of arbitration;
• Signature.

Send the notice to support@studycheckride.com. Opting out does not affect the remaining Terms.

Special severability of arbitration and class waiver

If any portion of the arbitration agreement other than the class and representative action waiver is held unenforceable, the remaining portions shall remain effective to the fullest extent permitted by law.

If the prohibition against class or representative arbitration is finally determined to be unenforceable with respect to a particular claim, the parties do not consent to class arbitration. Instead, to the extent permitted by applicable law, that claim shall proceed in a court of competent jurisdiction while any arbitrable individual claims remain subject to arbitration.

Changes to dispute-resolution terms

Unless applicable law permits otherwise, a material amendment to the arbitration or dispute-resolution provisions will not retroactively alter the agreed method for resolving a dispute for which the Company had already received a complete written dispute notice before the amendment became effective.

Entire agreement and interpretation

These dispute-resolution provisions, together with the remainder of the Terms, constitute the parties’ agreement concerning the resolution of disputes. No statement by customer support, marketing personnel, contractors, instructors, or other representatives modifies these provisions unless contained in a written agreement executed by a person authorized to bind the Company.

These provisions shall be interpreted, to the fullest extent permitted by law, in a manner that preserves individual arbitration, gives effect to the agreed Florida governing law, enforces the agreed forum for court proceedings, prevents unauthorized class or representative proceedings, protects the Company’s intellectual property and proprietary materials, and preserves all lawful rights and remedies. No provision shall be construed to waive a right that applicable law prohibits a party from waiving.

SECTION 38

Governing law, venue, and injunctive relief

These Terms, the use of the Service, and any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the platform, any Company Materials, any subscription or transaction, or the relationship between a user and the Company shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles, except to the extent that federal law governs a particular matter.

The Federal Arbitration Act, 9 U.S.C. §§ 1–16, shall govern the interpretation, applicability, enforceability, and enforcement of any agreement to arbitrate contained in these Terms.

To the extent applicable law requires application of a consumer’s mandatory statutory rights that cannot lawfully be waived by contract, nothing in these Terms is intended to eliminate those non-waivable rights.

Intellectual property, unauthorized access, security, and injunctive-relief exception

Notwithstanding the arbitration provisions above, the Company may seek temporary, preliminary, permanent, or other injunctive or equitable relief from a court of competent jurisdiction when reasonably necessary to prevent, stop, investigate, or remedy:

• Actual or threatened infringement or misappropriation of intellectual property;
• Unauthorized copying or distribution of Company Materials;
• Scraping, harvesting, crawling, extraction, or reconstruction of the database;
• Unauthorized use of Company Materials for artificial-intelligence or machine-learning purposes;
• Unauthorized access to Company systems or accounts;
• Circumvention of technical protections;
• Disclosure or misuse of confidential, proprietary, or trade-secret information;
• Security attacks;
• Fraud;
• Account abuse;
• Or other conduct reasonably believed to cause imminent or continuing harm that may not be adequately remedied solely through monetary damages.

Seeking such relief shall not constitute a waiver of the Company’s right to require arbitration of any other claim or request for relief. Nothing in these Terms requires the Company to wait until actual damage has occurred before requesting appropriate injunctive or equitable relief.

Exclusive court jurisdiction and venue

For any dispute or proceeding that is expressly excluded from arbitration, is determined by a court not to be subject to arbitration, concerns enforcement of an arbitration award, concerns injunctive relief permitted under these Terms, or otherwise may lawfully proceed in court, the parties irrevocably agree that, except where applicable law requires otherwise, exclusive jurisdiction and venue shall lie in the state courts located in Miami-Dade County, Florida, or, where federal subject-matter jurisdiction exists, the United States District Court having jurisdiction over Miami-Dade County, Florida.

Each user irrevocably submits to the personal jurisdiction of those courts and waives, to the fullest extent permitted by law, objections based upon improper venue, inconvenient forum, lack of personal jurisdiction resulting solely from the user’s residence outside Florida, or any substantially similar doctrine concerning the agreed forum.

This provision does not deprive a consumer of non-waivable protections under the law of the consumer’s residence.

Attorneys’ fees, costs, and expenses

Except where prohibited by applicable law or applicable consumer-arbitration rules, the prevailing party in any action or proceeding brought to enforce these Terms or remedy a material violation shall be entitled to recover reasonable attorneys’ fees and recoverable costs to the extent permitted by law.

Without limiting any remedy otherwise available, the Company may seek recovery of reasonable attorneys’ fees, expert fees, investigation expenses, forensic expenses, court costs, arbitration costs, and other recoverable enforcement expenses to the extent permitted by applicable law where such expenses result from unlawful or material unauthorized conduct involving infringement or misappropriation of intellectual property, unauthorized copying or redistribution, scraping or systematic extraction, circumvention of technical safeguards, unauthorized commercial exploitation, account fraud, unauthorized access, misuse of confidential or proprietary information, or violation of the restrictions concerning artificial-intelligence or machine-learning use.

Nothing in this section limits any statutory right to attorneys’ fees, costs, sanctions, or damages otherwise available to either party under applicable law. Any award of fees or costs must comply with applicable law and the applicable arbitration or court rules.

SECTION 39

United States availability

The Service is offered for use in the United States.

The Company does not represent that the Service is appropriate or legally available in another jurisdiction.

Users accessing the Service from outside the United States are responsible for local-law compliance.

SECTION 40

Export and sanctions compliance

Users may not access, use, export, or provide the Service in violation of U.S. export-control or sanctions laws.

Users may not submit export-controlled technical information.

SECTION 41

Changes to these Terms

The Company may update these Terms.

Material changes may be communicated through the Service, by email, or through another legally sufficient method.

Updated Terms will state a new effective date.

Changes apply prospectively unless applicable law permits otherwise.

If a user does not agree, the user must stop using the Service.

SECTION 42

Electronic communications

Users consent to receive agreements, notices, receipts, and transactional communications electronically.

Marketing communications will be governed by applicable law and available communication preferences.

SECTION 43

General provisions

Entire agreement

These Terms, the Privacy Policy, and applicable purchase disclosures form the entire agreement concerning the Service.

Severability

If a provision is unenforceable, it will be enforced to the maximum lawful extent, and the remaining provisions will remain effective.

No waiver

Failure to enforce a provision is not a waiver.

Assignment

Users may not assign these Terms without written consent.

The Company may assign these Terms in connection with financing, reorganization, merger, acquisition, or sale of assets, subject to applicable law.

No agency

These Terms do not create an employment, partnership, agency, fiduciary, franchise, or joint-venture relationship.

Force majeure

The Company is not responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, network failures, power outages, cyberattacks, government actions, civil unrest, labor disputes, or third-party outages.

Headings

Headings are for convenience and do not affect interpretation.

Survival

The provisions of these Terms that by their nature should survive termination shall survive any expiration, suspension, cancellation, or termination of a user’s account or access, including provisions concerning ownership and intellectual property; license restrictions; prohibited uses; confidentiality; artificial-intelligence and machine-learning restrictions; disclaimers; limitation of liability; indemnification; dispute resolution and arbitration; class-action waiver; governing law and venue; injunctive relief; attorneys’ fees; enforcement and remedies; evidence preservation; return or destruction of materials; severability; and this survival provision.

SECTION 44

Unauthorized acquisition of materials

Company Materials obtained through unauthorized means confer no license or right of use. Unauthorized means include, without limitation, shared or resold credentials; account sharing contrary to these Terms; scraping, crawling, or automated collection; circumvention of technical protections; unauthorized export, download, or bulk capture; receipt from a person who lacked authority to distribute the materials; or any other acquisition that violates these Terms or applicable law.

A person in possession of Company Materials obtained through unauthorized means is not entitled to use, retain, reproduce, distribute, publish, or commercialize those materials, regardless of whether that person paid another party for access.

SECTION 45

Acknowledgment of irreparable harm

The user acknowledges that unauthorized copying, extraction, redistribution, publication, or commercial exploitation of Company Materials, unauthorized access to Company systems, circumvention of technical protections, and unauthorized use of Company Materials for artificial-intelligence or machine-learning purposes may cause harm that is difficult to quantify and that may not be adequately remedied by monetary damages alone.

Accordingly, the Company may seek injunctive or other equitable relief in addition to any other remedy available at law or in equity, without the necessity of posting bond where permitted by applicable law.

SECTION 46

Cessation of use following notice

Upon written notice from the Company alleging unauthorized use, a user shall promptly cease the conduct identified in the notice pending resolution of the matter.

Continued conduct after receipt of such notice may be considered in evaluating whether the conduct was knowing or willful, to the extent relevant under applicable law. Nothing in this section requires the Company to provide notice before pursuing any available remedy.

SECTION 47

Preservation of evidence

Where a dispute concerning unauthorized use, unauthorized access, intellectual-property misuse, security violations, or account misuse is reasonably anticipated or pending, each party shall preserve relevant records within its possession, custody, or control, including account records, communications, transaction records, device or access logs, copies of the materials at issue, and records reflecting distribution or use.

This obligation applies only to the extent permitted by applicable law and does not require preservation of information a party is legally required to delete.

SECTION 48

Return or destruction of unauthorized copies

Upon written request from the Company, a person who has obtained or retained Company Materials in violation of these Terms shall promptly return or permanently destroy all copies within that person’s possession, custody, or control, including copies stored on devices, backups, cloud storage, exported files, printed materials, derivative compilations, and any dataset, index, model, or system into which those materials were incorporated, to the extent removal is technically feasible.

The Company may request written confirmation that the return or destruction has been completed. Compliance with this section does not by itself release, waive, or satisfy any other liability or remedy.

SECTION 49

Accounting and forensic examination

Where the Company reasonably believes that Company Materials have been used commercially or distributed without authorization, the Company may seek, through arbitration or a court of competent jurisdiction, an accounting of revenue, profits, or other benefits derived from that unauthorized use, together with disclosure of the scope and method of distribution, to the extent permitted by applicable law.

The Company may also seek forensic examination of relevant systems, accounts, or datasets through appropriate legal process, subject to reasonable protective measures for privacy and confidentiality.

Nothing in this section grants the Company self-help access to any person’s systems, devices, or data.

SECTION 50

Cumulative remedies and no waiver

All rights and remedies described in these Terms are cumulative and are in addition to every other right or remedy available at law, in equity, or by statute.

The Company’s election to pursue one remedy does not preclude any other remedy. Delay or failure by the Company to enforce a provision, investigate a suspected violation, or pursue a remedy does not waive that provision or remedy, and does not waive any subsequent or continuing violation.

No waiver is effective unless made in writing by a person authorized to bind the Company.

SECTION 51

No guarantee of educational or examination results

The Service is a study and learning platform only.

THE COMPANY DOES NOT GUARANTEE ANY PARTICULAR RESULT OR OUTCOME FROM USE OF THE SERVICE.

Without limitation, the Company does not guarantee that any user will:

• Pass any FAA knowledge, oral, practical, certification, licensing, school, or other examination;
• Achieve any particular score;
• Master any particular subject or skill;
• Complete any course or training program successfully;
• Obtain any certificate, rating, license, employment opportunity, promotion, or professional benefit;
• Retain or correctly apply information learned through the Service; or
• Achieve the same result as another user.

Individual outcomes depend on numerous factors outside the Company’s control, including the user’s prior knowledge, study habits, effort, training, experience, comprehension, examination performance, instructor or examiner decisions, changes in FAA requirements, and other circumstances.

Any scores, mastery indicators, progress measurements, readiness indicators, recommendations, predictions, performance metrics, or similar features displayed by the Service are provided solely as educational tools and estimates.

They do not constitute a representation, warranty, certification, or guarantee that a user is prepared for or will successfully pass any examination or satisfy any regulatory, training, or certification requirement.

Users remain solely responsible for determining their readiness for any examination, certification, maintenance activity, or professional decision and for satisfying all applicable FAA and other requirements.

SECTION 52

Text messaging (SMS/MMS)

Consent.

By providing your mobile phone number to Checkride Prep and opting in (for example, by submitting it through our sign-up form), you agree to receive text (SMS/MMS) messages from Checkride Prep at the number provided, sent using an automatic telephone dialing system or other automated technology. You represent that you are at least 18 years old, that the mobile number you provide is your own or that you are authorized to enroll it, and that you are authorized to incur any message or data charges. Consent is not a condition of purchase or of using our services.

Types of messages.

Messages may include account, verification/one-time-passcode, transactional, security, appointment or reminder, and service messages, and — only where you have separately opted in — promotional messages.

Frequency and rates.

Message frequency varies. Message and data rates may apply. Your mobile carrier is responsible for charges under your plan.

Opt-out and help.

You can cancel at any time by replying STOP to any message; you will receive one final confirmation message and no further messages unless you re-enroll. Reply HELP for help, or contact us at support@studycheckride.com.

Carrier disclaimer.

Carriers are not liable for delayed or undelivered messages. Delivery is subject to your carrier and is not guaranteed. Not all carriers or devices are supported, and service may not be available in all areas.

Your responsibilities.

You will keep your number accurate, and will reply STOP and update your information if you change or give up the number. If you provide any mobile number belonging to another person (including a student), you represent that you have that person’s prior express consent to receive messages related to our services and that you will honor any opt-out request. You are solely responsible for obtaining such consent, and your indemnification obligations under our Terms extend to any claim (including under the Telephone Consumer Protection Act) arising from any number you provide without the required consent.

No guarantee.

The SMS program is provided “AS IS” and “AS AVAILABLE” to the maximum extent permitted by law. We may modify, suspend, or terminate the SMS program at any time. All limitation-of-liability, disclaimer, indemnification, arbitration, class-action-waiver, and governing-law provisions of our Terms and Instructor Terms apply to the SMS program.

No sale or sharing of opt-in data.

We do not sell your mobile information, and we do not share your mobile opt-in or consent information with third parties or affiliates for their own marketing or promotional purposes.

SECTION II.0

Relationship to the general Terms of Service

These Instructor Terms supplement and incorporate by reference the general Terms of Service above and the Privacy Policy at /privacy (together, the “General Terms”). You must also comply with the General Terms.

To the extent of any conflict between these Instructor Terms and the General Terms with respect to the Instructor Services, these Instructor Terms control. Capitalized terms not defined here have the meanings given in the General Terms.

SECTION II.1

Definitions

• “Instructor Services” — the instructor-facing features of Checkride Prep, including remediation aids, study and testing tools, public-record convenience checks, and record-keeping features.
• “Student” — any person you train, tutor, remediate, endorse, or record.
• “Content” — study materials, test banks, questions, explanations, reports, records, and other materials made available through the Instructor Services.
• “FAA” — the United States Federal Aviation Administration.
• “FAA Data” — information derived from the FAA’s publicly available Releasable Airman Certification Database and/or other FAA public records.
• “Endorsement” — any instructor endorsement, sign-off, logbook entry, or certification you make under Title 14 of the Code of Federal Regulations (“14 CFR”) or otherwise.
• “Claim” — any dispute, claim, or controversy of any kind (whether in contract, tort, statute, regulation, equity, or otherwise) arising out of or relating to the Instructor Services, these Instructor Terms, or your relationship with us.

SECTION II.2

The Instructor Services; what they are not

What we provide. The Instructor Services are software tools that provide remediation aids, study and testing tools, and record-keeping features to help you organize, administer, and document knowledge-test remediation and related instructional activities.

What we do NOT provide. The Instructor Services are a tool only. We are not an instructor, training provider, school, examiner, or certifying authority. Without limitation:

• We do not provide, issue, replace, or validate any FAA certificate, rating, authorization, Endorsement, or logbook entry, and nothing obtained through the Instructor Services constitutes an Endorsement or a determination of any Student’s knowledge, competency, or readiness;
• We are not approved, certified, sponsored, endorsed by, or affiliated with the FAA or any government agency. The Instructor Services are not an FAA-approved course, curriculum, training program, or testing center, and no activity on the Instructor Services, by itself, satisfies any FAA requirement;
• The Instructor Services cannot and do not determine whether any Student has actually been remediated or is eligible for any Endorsement. Those judgments are reserved solely to you;
• We do not provide legal, regulatory, or professional advice.

SECTION II.3

Eligibility, registration, credentials, and one account

You must be at least 18 and able to form a binding contract.

You represent and warrant that you hold, and will maintain in current, valid, and effective status, each FAA certificate, rating, and authority you claim (recognizing that some flight instructor certificates do not carry an expiration date); that you satisfy, and will continue to satisfy, all applicable recency-of-experience, currency, and renewal requirements for the instruction, remediation, and Endorsements you provide; and that you are lawfully authorized to provide the instruction, remediation, and Endorsements you undertake in connection with the Instructor Services.

You will provide accurate, current, and complete registration information, keep it updated, safeguard your credentials, and remain responsible for all activity under your account.

One account per Instructor. You may not create or maintain more than one account, share an account, or register on another’s behalf. We may use the FAA Data record we match to you to enforce this limit.

SECTION II.4

Verification is a convenience only — no guarantee

As a convenience, the Instructor Services may cross-reference the name and other details you provide against public FAA Data to indicate whether a matching instructor record exists and to display associated ratings.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• the check is name-based matching against public FAA records and is NOT identity verification; it does not confirm you are the person associated with any matched record;
• any certificate number you provide is self-reported and is NOT independently verified by us;
• the downloadable FAA Releasable Airman database is created and maintained by the FAA, is updated approximately monthly (and may be out of date between updates), does not include certificate numbers, and may be incomplete or inaccurate; an airman’s election regarding the release of their address may cause that airman’s record to be absent from the downloadable file, but an airman’s certificate information itself is public and cannot be withheld; and
• any match, non-match, or displayed rating or privilege is NOT a representation, warranty, or guarantee by us regarding your certification status, authority, good standing, or eligibility, and must not be relied upon as such.

You are solely responsible for ensuring that you, and each Student, are properly certificated, rated, current, and eligible. You assume all risk arising from any inaccuracy in FAA Data or any verification result.

SECTION II.5

Instructor responsibilities and acknowledgments

You acknowledge, agree, and represent that:

Regulatory compliance is yours alone

You are solely responsible for complying with all applicable laws, regulations, and FAA guidance, including 14 CFR, applicable to your certificate, ratings, and activities.

Endorsements are yours alone; we do not issue them

You are solely responsible for determining, in your independent professional judgment, whether and when any Student has been adequately remediated or is otherwise qualified; for making any Endorsement; and for recording the correct entry, wording, regulatory citation, and information in the Student’s logbook or records. Any template, sample endorsement, prompt, checklist, or record-keeping feature we make available is a convenience only, may not fit your circumstances, and does not relieve you of this responsibility. We do not issue, sign, approve, endorse, or guarantee any Endorsement, and no feature of the Instructor Services constitutes an Endorsement or a determination of Student proficiency.

Authority, scope, and currency

You will provide instruction, remediation, and Endorsements only as an “authorized instructor” who holds the proper authority for the activity (see 14 CFR § 61.1); within the scope of the certificates, ratings, and authority you actually hold; while satisfying all applicable ground-instructor or flight-instructor currency and recency-of-experience requirements; and where legally permitted.

Retest remediation requirements

You acknowledge that, for a Student who failed a knowledge or practical test, applicable FAA regulations (including 14 CFR § 61.49) require that the Student receive the necessary additional training, that the authorized instructor who provided that additional training determine the Student is proficient, and that such instructor provide the required endorsement. Any sample retest endorsement we surface is intended to track current FAA guidance (such as AC 61-65K, Appendix A) but may become outdated. You remain solely responsible for independently determining proficiency and for using the correct, current endorsement language.

Instructor records; we are not your official repository

You acknowledge that flight instructors must sign the trainee’s logbook and must retain a record of endorsements and specified training for at least three (3) years (see 14 CFR § 61.189). The Instructor Services are not, and are not intended to be, your exclusive or official record repository. You are responsible for maintaining your own legally required records.

Export and retention; no guaranteed storage

You are solely responsible for exporting and independently retaining all legally required records. We do not guarantee permanent storage, availability, backup, or recovery of any data or records, and data may be lost, corrupted, or deleted. You will not rely on the Instructor Services as your sole means of storing or preserving required records.

No reliance for professional judgment or compliance

You will not rely on the Instructor Services, any score, report, template, or Content as a substitute for your professional judgment or for compliance with any legal or regulatory requirement, and you represent that you are not relying on the Instructor Services to satisfy any recordkeeping, endorsement, training-documentation, or other regulatory requirement.

Ultimate responsibility is yours

As between you and us, you are fully and solely responsible for your Students, your instruction, your remediation decisions, your Endorsements, your records, and all resulting outcomes.

SECTION II.6

Instructor representations and warranties

You represent and warrant, each time you use the Instructor Services, that all information you provide (including your name, credentials, ratings, and certificate number) is true, accurate, and your own; that you hold all certificates and authority necessary for your activities; that you are not the subject of any FAA suspension, revocation, or enforcement action that would prohibit your activities; and that your use complies with these Instructor Terms and all applicable law.

SECTION II.7

Content and accuracy

Content is provided for study and practice only, may contain errors or out-of-date information, is not a reproduction of any actual FAA examination, and does not guarantee any test result.

You are responsible for independently verifying any information against current FAA sources, including the applicable Airman Certification Standards, regulations, and official guidance, before relying on it.

SECTION II.8

License; acceptable use; restrictions

Subject to these Instructor Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Instructor Services and Content for your own lawful instructional and record-keeping purposes.

You will not:

• violate any law or regulation, including 14 CFR;
• misrepresent your identity, credentials, ratings, or authority;
• resell, rent, sublicense, redistribute, publicly display, or create derivative works from the Content or any part of the Instructor Services except as expressly permitted;
• reverse engineer, decompile, disrupt, or attempt unauthorized access to the Instructor Services;
• upload unlawful, infringing, or harmful material; or
• use the Instructor Services to build, train, or assist a competing product, dataset, or model.

No harvesting or extraction of our data (anti-scraping)

You will not, and will not permit or enable any third party or automated means to:

• access, copy, download, index, cache, scrape, crawl, spider, data-mine, harvest, or otherwise extract or collect the Content, test banks, questions, explanations, compilations, databases, or any other data or materials made available through the Instructor Services, except for the limited, ordinary individual use expressly permitted by these Instructor Terms;
• use any robot, bot, script, scraper, headless browser, or other automated system to access the Instructor Services;
• access the Instructor Services through any interface other than the interfaces we provide, or circumvent any access control, rate limit, or technical protection measure;
• aggregate, republish, or build any database, product, or service from the Content or such data; or
• use the Content or such data to train, fine-tune, or develop any machine-learning or artificial-intelligence model.

All Content, test banks, and compilations are our proprietary and, where applicable, trade-secret material, and the selection, arrangement, and compilation thereof are protected regardless of whether individual underlying facts are public. We may monitor for, and take technical and legal measures against, prohibited access, including suspension, blocking, and pursuit of all available remedies.

Confidentiality

The Instructor Services include confidential and proprietary information, including the Content, test banks and question pools, non-public product features and information, non-public pricing, security and verification methods, and your access credentials (collectively, “Confidential Information”). You will keep Confidential Information confidential and use it only as permitted by these Instructor Terms; not disclose it to any third party; safeguard your account credentials and not share, sell, or transfer them; and promptly notify us of any suspected unauthorized use, access, or disclosure. These obligations survive termination. Confidential Information does not include FAA public-domain data or information that becomes public through no fault of yours.

SECTION II.9

Fees

Instructor plans are offered as follows:

• Free — no charge, with one (1) included Airman Knowledge Test Report analysis per calendar month;
• Pro — $15 per month, with four (4) included analyses per billing period;
• Enterprise — priced by agreement; contact us.

Additional analyses may be purchased individually at the price shown at purchase. Included analyses expire at the end of each billing period and do not roll over. Individually purchased analyses do not expire and are used only after the included balance for the period is exhausted.

Subscriptions renew automatically until cancelled. If you cancel, your plan remains active until the end of the then-current billing period, after which your account returns to the Free plan.

You agree to the fees and billing terms presented at purchase. Except as expressly stated or required by law, all fees are non-refundable. We may change prices prospectively on notice.

SECTION II.10

Disclaimer of warranties

THE INSTRUCTOR SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT (A) THE INSTRUCTOR SERVICES OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, UNINTERRUPTED, OR ERROR-FREE; (B) ANY VERIFICATION, MATCH, OR DATA IS ACCURATE OR CURRENT; (C) ANY STUDENT WILL PASS ANY TEST OR BE ADEQUATELY REMEDIATED; OR (D) USE WILL SATISFY ANY FAA OR OTHER LEGAL REQUIREMENT.

SECTION II.11

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, GOODWILL, CERTIFICATES, PRIVILEGES, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE INSTRUCTOR SERVICES OR THESE INSTRUCTOR TERMS, UNDER ANY THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE WILL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO (A) ANY ENDORSEMENT, LOGBOOK ENTRY, INSTRUCTION, OR REMEDIATION DECISION BY YOU OR ANY INSTRUCTOR; (B) ANY REGULATORY ACTION, ENFORCEMENT, CERTIFICATE ACTION, VIOLATION, FINE, OR PENALTY; (C) ANY STUDENT’S PERFORMANCE, CONDUCT, TEST RESULT, OR OUTCOME; OR (D) ANY RELIANCE ON FAA DATA OR ANY VERIFICATION RESULT.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE INSTRUCTOR SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50). THIS IS THE MAXIMUM TOTAL RECOVERY AVAILABLE TO YOU; NO FURTHER OR ADDITIONAL RECOVERY OF ANY KIND IS AVAILABLE.

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing here limits liability that cannot be limited by law.

SECTION II.12

Assumption of risk; release

You knowingly and voluntarily assume all professional and regulatory risk associated with your use of the Instructor Services and your instruction, remediation, and Endorsement activities.

To the maximum extent permitted by law, you release Checkride Prep LLC and its affiliates and their respective officers, directors, employees, and agents (the “Released Parties”) from all Claims arising out of or relating to your Endorsements, logbook entries, remediation decisions, regulatory compliance, and Students. This release expressly includes Claims based on the Released Parties’ ordinary negligence, but does NOT release, and expressly excludes, gross negligence, willful misconduct, fraud, and any liability that cannot lawfully be waived.

SECTION II.13

Indemnification

You will defend, indemnify, and hold harmless Checkride Prep LLC and its affiliates and their respective officers, directors, employees, and agents from and against any and all Claims, losses, liabilities, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your use of the Instructor Services;
• any Endorsement, logbook entry, instruction, or remediation you provide;
• your violation of these Instructor Terms, the General Terms, or any law or regulation (including 14 CFR);
• any misrepresentation regarding your identity, credentials, ratings, or authority; or
• any Claim by or relating to any Student.

Indemnification procedure

With respect to any Claim for which we seek indemnification, we will give you prompt written notice of the Claim (provided that any delay will not relieve you of your obligations except to the extent you are actually and materially prejudiced by the delay); permit you to control the defense and settlement of the Claim with counsel of your choosing that is reasonably acceptable to us, except that you may not, without our prior written consent, agree to any settlement that imposes any liability, payment, fine, admission of fault or wrongdoing, or non-monetary obligation on any Released Party, or that does not include a full and unconditional release of the Released Parties; and provide you, at your expense, with reasonable cooperation in the defense. We may participate in the defense with our own counsel at our own expense. This section survives termination.

SECTION II.14

Intellectual property; data use

Our IP

The Instructor Services and Content, and all software, text, test banks, questions, explanations, compilations, databases, designs, logos, trademarks, and other materials therein (excluding data you submit and any FAA public-domain material), and all intellectual-property rights in them, are and remain owned by us or our licensors. Except for the limited license in Section II.8, no right, title, license, or interest is granted to you, whether by implication, estoppel, or otherwise, and we reserve all rights.

General Terms IP provisions also apply

The intellectual-property, proprietary-rights, trademark, restriction, and enforcement provisions of the General Terms are incorporated into and also apply to these Instructor Terms in full. These Instructor Terms are intended to supplement, not replace, those provisions; if any intellectual-property matter is not addressed here, the General Terms govern, and where both apply, they are read together to provide us the broadest protection available. Nothing in these Instructor Terms limits or waives any right reserved to us under the General Terms.

Protection of our data

Without limiting Section II.8, you acknowledge that the Content, test banks, and compilations, and the selection and arrangement of them, are our valuable proprietary assets and, where applicable, trade secrets, and you will not misappropriate, extract, harvest, or reuse them except as expressly permitted.

Feedback

If you provide suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use and exploit them for any purpose without obligation or compensation to you.

Your data; limited operational license to us

As between you and us, you retain ownership of the records and content you create and submit (“Your Data”). You grant Checkride Prep LLC a worldwide, non-exclusive, royalty-free, fully paid, and sublicensable (to our service providers acting on our behalf) license to host, store, reproduce, back up, transmit, display, and process Your Data, together with your account information, usage data, and device and log data (collectively, “Platform Data”), solely as needed to: provide, secure, support, maintain, and lawfully operate the Instructor Services; prevent fraud, abuse, and security incidents; comply with law and legal process; and enforce these Instructor Terms.

Product development and model training — de-identified data or opt-in only

We will not use identifiable Your Data or Platform Data (including any Student personal data) for product development, benchmarking, analytics beyond operating the Instructor Services, or to train, fine-tune, or develop any machine-learning or artificial-intelligence model, unless the data has first been genuinely de-identified and aggregated so that it does not reasonably identify any individual, or you have given separate, affirmative, opt-in consent. We do not repurpose your or your Students’ personal data for artificial-intelligence training through these Instructor Terms.

De-identified and aggregated data

We may create, use, retain, and disclose aggregated and/or genuinely de-identified data that does not reasonably identify any individual, for any lawful purpose and in perpetuity, and such data is our property.

Limits and privacy

Our use of Platform Data is subject to applicable law and to our Privacy Policy at /privacy. This section does not grant either party rights in FAA public-domain data beyond what the law allows, and it does not purport to authorize any use of personal data that applicable law prohibits.

SECTION II.15

Suspension and termination

We may suspend or terminate your access at any time, with or without notice or cause, including if we believe you provided inaccurate credentials or violated these Instructor Terms. Sections that by their nature should survive (including II.4, II.5, II.6, II.10, II.11, II.12, II.13, II.14, and II.16 through II.20) survive termination.

SECTION II.16

Conditions precedent to any claim — mandatory dispute notice

Required before any arbitration or lawsuit. Before initiating any arbitration or (where permitted) any lawsuit, you must first complete this process, which is a condition precedent to bringing any Claim:

• Written Notice of Dispute. You must send a written Notice of Dispute to legal@studycheckride.com and to Checkride Prep LLC, c/o Registered Agents Inc, 7901 4th St N STE 300, St. Petersburg, FL 33702, that includes: your full name and account email; a detailed description of the Claim and its factual basis; the specific relief sought and a good-faith calculation of any amount claimed; and your signature.
• Good-faith resolution period. For sixty (60) days after we receive a complete Notice of Dispute, the parties will attempt in good faith to resolve the Claim informally, including, if we request, a telephonic or video individualized settlement conference in which you participate personally.
• Exhaustion required. You may not commence arbitration or litigation until the 60-day period has elapsed without resolution and you have complied with the steps above. The statute of limitations and any filing deadlines are tolled during this period.

Effect of non-compliance. Compliance with this section is a mandatory condition precedent. A court or arbitrator shall dismiss or stay any Claim filed without full compliance, and neither you nor your representative may recover fees or costs incurred before compliance is complete.

SECTION II.17

Contractual limitations period

To the maximum extent permitted by law, any Claim must be commenced within three (3) months after the Claim first accrues; otherwise, the Claim is permanently barred. This shortened period does not apply where prohibited by applicable law.

The shortened period in this section and the liability cap in Section II.11 (the greater of amounts paid in the three (3) months before the event or US $50 — and no more) reflect a deliberate, bargained-for allocation of risk.

SECTION II.18

Binding arbitration; class-action and jury waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS HOW DISPUTES ARE RESOLVED AND REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.

Agreement to arbitrate. Except as stated in the Exceptions paragraph below, you and we agree that any Claim will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its then-current consumer or commercial rules, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class-action and representative-action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s Claims or preside over any form of class or representative proceeding.

Jury-trial waiver. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL for any Claim permitted to proceed in court.

Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this section, except that a court decides the enforceability of the class-action waiver.

Procedure, seat, and costs. The arbitration will be seated in Miami-Dade County, Florida, and may be conducted by video or in writing where the rules permit. Payment of filing and arbitration fees will be governed by the applicable rules; each party otherwise bears its own attorneys’ fees except where a statute or the arbitrator provides for fee-shifting (including for frivolous claims).

Exceptions. Either party may bring an individual Claim in small-claims court if it qualifies, and may seek injunctive or equitable relief in court to protect intellectual-property or confidential information. Nothing in this section waives Section II.16 (conditions precedent), which applies first.

Opt-out. You may opt out of this section by sending written notice to legal@studycheckride.com within thirty (30) days of first accepting these Instructor Terms, stating your name, account email, and intent to opt out of arbitration. Opting out does not affect any other provision.

Severability. If the class-action waiver is found unenforceable as to a particular Claim, that Claim will proceed in court (subject to Sections II.16, II.17, and II.19), but the remainder of this section remains in effect for all other Claims.

SECTION II.19

Governing law and venue

These Instructor Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules, and by applicable U.S. federal law. For any Claim not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and waive any objection to that venue.

SECTION II.20

Privacy and data protection (instructor-specific)

Privacy Policy controls

Our collection, use, and disclosure of personal information is described in our Privacy Policy at /privacy, which is incorporated by reference. This section supplements, and does not replace, the Privacy Policy. If there is any conflict between this section and the Privacy Policy regarding the handling of personal information, the Privacy Policy controls.

Consent to processing

You consent to our collection, use, storage, processing, disclosure, and other handling of Platform Data (as defined in Section II.14) as described in these Instructor Terms and the Privacy Policy.

Student and third-party personal data — your responsibility and restrictions

If you upload, enter, or transmit any personal information about a Student or any other person (“Third-Party Data”), you represent and warrant that you have all rights, lawful bases, authority, and consents necessary to do so and to permit our processing of that data as described in these Instructor Terms and the Privacy Policy. You are solely responsible for providing any required privacy notices to, and obtaining any required consents from, your Students and other individuals whose data you submit.

Prohibited and restricted uploads. Without limiting the foregoing, you will NOT upload, enter, or transmit through the Instructor Services:

• any personal information concerning a child under 13 years of age, unless you have first obtained our written authorization and verifiable parental consent as required by the Children’s Online Privacy Protection Act (COPPA);
• personal information of any minor Student without the authority of, and any required consent from, the minor’s parent or legal guardian;
• any “education records” subject to the Family Educational Rights and Privacy Act (FERPA) or similar state student-privacy laws, unless you and we have first executed a separate, approved data-processing or student-data agreement authorizing that use solely for the school-authorized purpose; or
• Social Security numbers, driver’s-license, passport, or other government identifiers that are not necessary; medical or health information; financial-account or payment-card information; or passwords or access credentials.

Data minimization

You will collect and upload only the minimum Student information necessary for remediation and record-keeping. Student-identifying information you enter, including a Student’s name, is stored solely for your access and use in your own records and endorsements. We limit our own use of identifiable Student data to providing the Instructor Services on your behalf; Student names are not shown in our administrative tools and are not used for our analytics, product development, or marketing, where we use only de-identified or aggregated data.

Your indemnification obligations in Section II.13 expressly extend to any Claim arising out of or relating to Third-Party Data or your breach of this section.

FAA public data

You acknowledge and consent that we cross-reference the information you provide against public FAA records and treat FAA Data as public-record information, as further described in Section II.4.

Service communications

You consent to receive account, transactional, security, verification, and other service-related communications from us electronically. These communications are a necessary part of the Instructor Services and are not “marketing,” and you may not opt out of them while you maintain an account. Any marketing communications are subject to the Privacy Policy and applicable opt-out rights.

Aggregated and de-identified data

We may create, use, and retain aggregated and/or de-identified data that does not reasonably identify any individual, for any lawful purpose and in perpetuity, and such data is our property. We do not use identifiable personal data for product development or artificial-intelligence model training except as permitted by Section II.14.

Service providers and subprocessors

We may engage third-party service providers and subprocessors to process Platform Data on our behalf, subject to appropriate obligations and applicable law.

Security; no guarantee

We use commercially reasonable administrative, technical, and physical safeguards, but to the maximum extent permitted by law we do not and cannot guarantee that Platform Data will always be secure or free from loss, misuse, interception, or unauthorized access, and you use the Instructor Services at your own risk in that respect.

Retention and data location

We may retain Platform Data as needed to provide the Instructor Services, comply with legal obligations, resolve disputes, and enforce our agreements, and we may retain aggregated or de-identified data indefinitely, consistent with the Privacy Policy. You consent to the storage and processing of Platform Data in the United States and in other jurisdictions where we or our service providers operate.

SECTION II.21

Changes to these Instructor Terms

We may update these Instructor Terms at any time. If we make material changes, we will take reasonable steps to notify you (for example, by posting the updated Instructor Terms with a new effective date, by email, or by asking you to accept them again when you next sign in). Your continued use after changes become effective constitutes acceptance.

SECTION II.22

General

Entire agreement (instructor matters). These Instructor Terms, together with the General Terms, are the entire agreement between you and us regarding the Instructor Services and supersede all prior discussions on that subject.

Severability. If any provision is held invalid or unenforceable, it will be modified or limited to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force.

No waiver. Our failure to enforce any provision is not a waiver.

Assignment. You may not assign these Instructor Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets.

Notices. Legal notices to us must be sent to legal@studycheckride.com and to Checkride Prep LLC, c/o Registered Agents Inc, 7901 4th St N STE 300, St. Petersburg, FL 33702. We may provide notices to you via the email or account associated with your registration.

Force majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.

No agency. Nothing creates any partnership, employment, agency, or joint-venture relationship between you and us.

Headings. Headings are for convenience only and do not affect interpretation.

Contact. support@studycheckride.com.

By registering as an Instructor on Checkride Prep, you acknowledge that the Instructor Services provide remediation aids, testing, and record-keeping tools only; that they are not FAA-approved and provide no FAA certification; that all professional judgments, Endorsements, logbook entries, regulatory compliance, and responsibility for each Student rest solely with you; and that you agree to the mandatory dispute process, shortened limitations period, and individual arbitration and class-action waiver above.