Terms and Conditions — Flight Management App

Flight Management App — Terms and Conditions

Version: 1.0 - Effective 25 August 2026

These Terms and Conditions ("Terms") govern access to and use of the Flight Management App ("FMA"), owned by MDI Pty Limited ("we", "us", "our"), and form a legally binding agreement between MDI Pty Limited and the person or entity subscribing to or using FMA ("Customer", "you", "your").

By creating an FMA account, commencing a free trial, subscribing to a paid plan, or otherwise accessing or using FMA, you agree to these Terms.

If you are accepting these Terms on behalf of a company, partnership, organisation or other entity, you represent that you have authority to bind that entity to these Terms.

1. About FMA

FMA is a web-based software-as-a-service ("SaaS") platform designed primarily for aviation, tour, charter, transfer and related operational businesses.

FMA may provide functionality including:

1.1 customer and passenger bookings;
1.2 booking and passenger management;
1.3 manifests and boarding passes;
1.4 flight and mission scheduling;
1.5 flight following;
1.6 aircraft and fleet information;
1.7 pilot and staff information and compliance tracking;
1.8 passenger and baggage weight recording;
1.9 weight and payload calculations;
1.10 accommodation and airstrip transfer management;
1.11 third-party agent and B2B booking functionality;
1.12 quotations, rates and invoicing;
1.13 payment recording and payment-provider integrations;
1.14 multi-currency pricing;
1.15 staff and duty scheduling;
1.16 operational records and audit trails;
1.17 flight notes and sightings;
1.18 customer feedback;
1.19 reporting and other operational functions.

FMA may also be adapted for non-aircraft tour, charter or transfer operations.

The functionality available in FMA may be changed, improved, removed or replaced from time to time. Where reasonably practicable, FMA will provide advance notice of material changes affecting the availability or operation of the service. FMA may collect technical, authentication, audit, security and activity records relating to user access and system usage for security, compliance, operational and billing purposes.

2. Eligibility and Account

You must provide accurate and current information when creating and maintaining your FMA account.

You are responsible for:

2.1 maintaining the confidentiality of your account credentials;
2.2 ensuring that only authorised persons access your account;
2.3 assigning appropriate permissions to your users;
2.4 ensuring that users do not share accounts where individual accounts are provided;
2.5 all activity conducted through your account; and
2.6 notifying us promptly of suspected unauthorised access.

FMA may suspend or restrict an individual user's access where we reasonably believe that the account has been compromised or is being misused. You remain responsible for the actions of your users and any person to whom you provide access.

3. Free Trial

FMA may offer a free trial for the period displayed on the FMA website or during registration ("Trial Period").

Unless otherwise stated:

3.1 no subscription fee is payable during the Trial Period;
3.2 trial accounts are provided for evaluation purposes;
3.3 trial functionality may be subject to reasonable limitations;
3.4 we may modify or discontinue a trial offer at any time for future users; and
3.5 a paid subscription will commence only when you select or otherwise accept a paid subscription.

Unless otherwise agreed, we do not guarantee that data entered during a trial will be retained indefinitely if you do not proceed to a paid subscription.

4. Subscription Plans and Pricing

FMA is offered on a subscription basis. Current subscription plans, prices and included support hours are displayed on the FMA website and/or within the FMA account.

The published plans are currently based on Daily Activity Units ("DAUs"). FMA calculates DAUs using a rolling weighted average of activity including bookings, missions, quotes, transfer requests, product sales and schedules. The detailed DAU calculation methodology, including the applicable measurement period and weighting may be updated from time to time. Any change to the DAU calculation methodology will not be applied retrospectively to activity already measured under a previous methodology.

The current published plans include:

4.1 Small — up to 10 DAUs;
4.2 Medium — 11–20 DAUs;
4.3 Large — 21–50 DAUs;
4.4 Extra Large — 51–100 DAUs; and
4.5 Custom — for operations exceeding 100 DAUs.

All standard plans include the full FMA feature set and unlimited users and aircraft, subject to these Terms and any specific agreement applicable to your subscription.

4.6 Automatic plan upgrades

Where your calculated DAU usage exceeds your current plan threshold based on FMA's applicable DAU calculation methodology, your subscription will automatically upgrade to the corresponding higher plan from the next applicable billing period. FMA will use reasonable efforts to display available usage metrics on the FMA dashboard so that Customers can monitor activity levels.

4.7 Downgrades

Where your DAU usage remains below the applicable threshold for the period specified by FMA's current pricing methodology, you may become eligible for a lower-priced plan. Unless otherwise agreed, a downgrade will take effect from the next applicable billing period.

4.8 Annual Price Adjustment

Subscription prices are subject to an annual price adjustment to reflect inflation, increasing operating costs, ongoing development, security improvements, new functionalities, market rates and the continued development of the FMA service.

Unless otherwise agreed in writing, the subscription price applicable to your plan may be adjusted annually on or after 30 June. Any adjustment will be determined having regard to factors including changes in the Australian Consumer Price Index (CPI), operating expenses,market rates, and ongoing service costs.

For the purposes of this clause, CPI reference rates refer to the annual percentage change in the Consumer Price Index published by the Australian Bureau of Statistics for the most recently available period reasonably applicable to the adjustment.

The adjusted price will apply to all subscription charges falling due after the effective adjustment date. Adjustments will not apply retrospectively to amounts already paid.

The updated subscription pricing for upcoming billing periods will be published on the FMA website and updated within the Customer's account prior to taking effect.

If you do not wish to continue at the adjusted price, you may simply cease renewing your subscription, and your access will end in accordance with Section 5.1.

5. Billing, Payment, and Auto-Renewal

Subscription fees are payable monthly in advance. Out of respect for you, and to prevent any risk of unwanted card payments, FMA does NOT automatically charge the Customer's payment method for recurring subscription fees.

5.1 Monthly Subscription and Manual Renewal

Unless otherwise agreed in writing:

5.1.1 subscriptions are billed monthly and paid in advance;
5.1.2 fees are non-refundable for a partially used billing period, except where required by law;
5.1.3 applicable taxes, duties or government charges are additional where required by law;
5.1.4 payment-provider fees and charges may apply separately;
5.1.5 currency conversion costs imposed by your bank or payment provider are your responsibility; and
5.1.6 the Customer is responsible for ensuring each monthly subscription payment is made when due. We recommend you pay months in advance, or pay early each month to prevent any downtime.

Where a payment is not received by the applicable due date, your FMA service will automatially deactivate until payment is made for the following billing period. Your data is NOT automatically deleted.

6. Support

Each subscription plan may include a specified number of support hours per month. The support allocation for each plan is displayed on the FMA pricing page and on your Billing Dashboard. Current published allocations range from one to four hours per month depending on the plan.

Support hours:

6.1 are intended for assistance with using and administering FMA;
6.2 do not accumulate from month to month;
6.3 do not have a cash value;
6.4 do not roll over to subsequent billing periods; and
6.5 do not include custom software development unless expressly agreed.

Additional support or development may be provided at the applicable rate quoted by FMA before the work commences. Support does not include the operation of your aircraft, dispatch office, payment provider, internet connection, computer systems or other third-party services.

7. Custom Development

Where FMA agrees to develop functionality specifically for a Customer, the work will be subject to a separate written quotation, statement of work or development agreement.

Custom development may include new functionality, integrations, payment-provider integrations, custom reports, custom websites, custom domain arrangements, workflow modifications, and other technical work. Custom development will be charged at the rate agreed before work commences.

Unless expressly agreed otherwise in writing, any custom development, modification, integration, report, workflow, interface, or other software functionality created by FMA remains part of the FMA platform and does not transfer ownership of FMA's underlying intellectual property to the Customer. FMA may incorporate generally applicable improvements, concepts, techniques, features or functionality developed during custom work into FMA's broader software platform.

8. Hosting and Domains

Each FMA operator is provided with a dedicated tenant database. FMA may be accessed using a Customer's own domain hosted through FMA, a custom subdomain on the FMA domain, or another access method specified by FMA.

Where the Customer uses its own domain, the Customer is responsible for:

8.1 ownership or lawful control of the domain;
8.2 renewal of the domain;
8.3 providing accurate DNS information;
8.4 maintaining any required registrar account; and
8.5 ensuring that the domain does not infringe another person's rights.

FMA may assist with DNS or domain configuration but is not responsible for the Customer's registrar or domain-provider services.

9. Customer Data

As between the parties, the Customer retains ownership of data and information submitted to FMA by or on behalf of the Customer ("Customer Data").

Customer Data may include passenger information, booking information, staff information, aircraft information, operational records, photographs, notes, financial records and other information entered into FMA.

You grant FMA a limited, non-exclusive right to host, store, process, reproduce and transmit Customer Data solely as reasonably necessary to provide FMA, maintain security, provide support, perform backups, diagnose issues, comply with law, and prevent fraud. During the subscription, the Customer may request deletion of Customer Data, subject to applicable legal, regulatory, or statutory retention requirements.

FMA will not sell Customer Data to third parties. FMA will not use Customer Data to advertise third-party products or services to the Customer.

FMA may use aggregated or de-identified technical and usage information for system performance, security, analytics and improving FMA, provided that such information does not reasonably identify the Customer or an individual.

10. Customer Responsibilities for Data

You are responsible for ensuring that:

10.1 Customer Data is accurate and lawful;
10.2 you have the necessary authority and permissions to enter Customer Data into FMA;
10.3 you comply with applicable privacy, aviation, employment, consumer, tax and other laws;
10.4 you obtain any required passenger, staff or third-party consents;
10.5 you do not upload information that you are prohibited from storing electronically; and
10.6 you maintain appropriate internal procedures for reviewing important operational information.

FMA is a software tool and does not replace your own operational procedures, manuals, approvals, regulatory obligations or professional judgement.

11. Aviation Safety, Operational Responsibility, and Offline Fallbacks

FMA is not an air operator, aircraft operator, pilot, dispatcher, aviation authority, maintenance organisation or safety regulator. FMA does not make operational decisions on your behalf.

You remain solely responsible for the safe and lawful conduct of your operations, including aircraft airworthiness, aircraft performance, weight and balance, passenger and baggage weights, pilot qualifications, duty requirements, flight planning, weather, fuel, manifests, and regulatory compliance.

FMA may calculate, display, compare or flag information relevant to these matters, but such functionality does not constitute an aviation safety determination or regulatory approval.

11.1 Offline Fallback Responsibility

Because cloud services may experience unexpected interruptions, the Customer is responsible for maintaining independent manual or offline operational procedures (including appropriate printed, downloaded, or otherwise independently accessible manifests, load sheets, and flight documentation) to ensure business continuity and compliance with aviation regulations during any service downtime. FMA must never be relied upon as the sole source of information for a safety-critical operational decision.

12. Accuracy of Information

We take reasonable care to ensure that FMA functions as described and that calculations operate according to programmed logic. However, software can contain errors, omissions, incorrect inputs, data-entry errors, integration failures, connectivity problems and other technical limitations.

FMA does not warrant that every calculation will be error-free, every data record will be complete or accurate, information entered by users or obtained from third-party services will be accurate, system availability will be uninterrupted, or that FMA will identify every operational, safety or regulatory issue. You are responsible for checking important information before relying on it.

12.1 AI-Assisted Features

FMA may provide AI-assisted features. AI-generated outputs are provided for assistance only and may contain inaccuracies. Customers remain responsible for reviewing and verifying all outputs before relying on them.

13. Payments and Third-Party Payment Providers

FMA may support payment functionality through FMA's own payment integrations and third-party payment providers.

Where a third-party payment provider, gateway, or merchant integration is used, the Customer is solely responsible for maintaining its own merchant accounts, complying with any applicable data-security and payment-card requirements arising from the Customer's use of the relevant payment provider or merchant account, handling customer chargebacks or disputes, and paying applicable transaction fees.

FMA is not responsible for payment-provider outages, declined transactions, chargebacks, fraud controls, settlement delays, currency conversion fees, merchant account restrictions, or actions taken by a payment provider under its own terms.

14. Third-Party Services

FMA may rely upon third-party infrastructure and services including hosting providers, DNS providers, content delivery networks, email services, payment providers, domain registrars, mapping services, and telecommunications providers. FMA will take reasonable steps to select appropriate service providers but is not responsible for failures caused solely by a third-party service outside FMA's reasonable control.

15. Availability and Maintenance

We aim to keep FMA available and operational but do not guarantee uninterrupted or error-free service. FMA may temporarily suspend or restrict access for scheduled maintenance, emergency maintenance, security measures, software upgrades, infrastructure changes, investigation of suspected abuse, compliance with law, or circumstances outside our reasonable control. Where reasonably practicable, we will provide advance notice of planned maintenance.

15.1 Service Levels

FMA is provided on a commercially reasonable efforts basis. Unless otherwise agreed in writing, FMA does not guarantee any minimum uptime percentage, response time or service level commitment.

15.2 No Warranty

Except as expressly stated in these Terms and to the maximum extent permitted by law, FMA is provided "as is" and "as available". FMA disclaims all warranties, representations and conditions, whether express, implied or statutory.

16. Backups and Disaster Recovery

FMA will maintain reasonable backup and recovery procedures appropriate to the operation of the service. However, backups are not a substitute for the Customer maintaining its own records of information that it is legally required or operationally prudent to retain. FMA does not guarantee that every item of data can be recovered following every possible incident. Backup retention periods and recovery capabilities may vary from time to time.

17. Security

FMA implements reasonable technical and organisational measures intended to protect Customer Data and the FMA platform, including tenant data isolation, password protection, role-based access controls, and automated activity monitoring.

No internet-connected system can be guaranteed to be completely secure. The Customer is responsible for maintaining secure passwords, controlling user access and promptly notifying FMA of suspected security incidents affecting its account.

18. Privacy

FMA will handle personal information in accordance with applicable privacy laws and its Privacy Policy. Where Australian privacy law applies, FMA will take reasonable steps to comply with applicable obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

The Customer is responsible for ensuring that its use of FMA complies with applicable privacy laws, including obtaining any required passenger or employee consents.

19. Intellectual Property

FMA and its licensors retain all rights, title and interest in the FMA software, source code, database structures, algorithms, workflow designs, and platform improvements.

Your subscription gives you a limited, non-exclusive, non-transferable right to use FMA during your subscription in accordance with these Terms. You must not copy, reverse engineer, resell, sublicense, or attempt to extract source code from FMA, nor use FMA to develop a competing product.

20. Customer Materials and Branding

You retain ownership of logos, photographs, text, and other materials uploaded by you. You grant FMA permission to use those materials solely as necessary to provide FMA and related services.

21. Acceptable Use

You must not use FMA to conduct unlawful activity, transmit malicious code, attempt unauthorised access, interfere with infrastructure, abuse or attack FMA systems, or access another Customer's data. Customer must not use FMA in violation of applicable sanctions, export control laws, or trade restrictions.

22. Customer Indemnity

To the extent permitted by law, you indemnify FMA against third-party claims, losses, and reasonable costs arising directly from your unlawful use of FMA, breach of these Terms, infringement of third-party privacy or intellectual property rights, or third-party claims arising from the Customer's business operations, including aviation operations, except to the extent caused by FMA's own negligence, wilful misconduct, or breach of these Terms.

23. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty, remedy or liability that cannot lawfully be excluded, restricted or modified.

Subject to the preceding paragraph, and to the maximum extent permitted by law:

23.1 FMA will not be liable for indirect, incidental, special, or consequential loss, including loss of profits, revenue, business interruption, loss of data, loss of goodwill, loss of business opportunity, regulatory penalties incurred by Customer, aviation operational losses, grounding of aircraft, or lost charter revenue.
23.2 FMA's aggregate liability arising out of or relating to these Terms or FMA, whether in contract, tort (including negligence), statute or otherwise, will not exceed the subscription fees actually paid by the Customer to FMA during the 12 months immediately preceding the event giving rise to the claim.

The exclusions and limitations in this section apply regardless of the form of action. Nothing in these Terms excludes liability for fraud or wilful misconduct.

24. No Guarantee of Regulatory Compliance

Use of FMA does not constitute regulatory approval, legal advice, aviation safety certification, or a substitute for an operator's approved manuals and procedures.

25. No Professional Advice

FMA does not provide legal, accounting, financial, aviation, regulatory, safety or other professional advice. Information, calculations, alerts and recommendations presented by FMA are provided as software functionality only and must be independently verified where professional judgement or regulatory compliance is required.

26. Changes to FMA and Beta Features

We may modify or update FMA to improve functionality, security, or performance. Where reasonably practicable, FMA will provide advance notice of material changes affecting the availability or operation of the service.

26.1 Beta Features

FMA may make beta, preview or experimental features available. Such features are provided "as is", may be modified or withdrawn at any time, and may not be suitable for production use.

27. Suspension

FMA may suspend access if subscription fees remain unpaid after notice, if the Customer breaches these Terms, or if necessary to address serious security, legal, or operational risks. FMA may suspend access immediately where reasonably necessary to address security, fraud, illegal activity, data protection, or operational risks.

28. Cancellation by the Customer

A Customer may discontinue its subscription at any time by choosing not to make the next monthly subscription payment. Out of respect for Customers, and to allow the Customer to maintain control, FMA does NOT take automatic recurring payments.

The Customer's access to FMA will continue until the end of the last monthly billing period for which payment has been received, unless access is suspended or terminated earlier in accordance with these Terms.

The Customer may also notify FMA of its intention to discontinue the subscription, although no separate cancellation process is required where the Customer simply does not renew by making the next monthly payment.

Fees already paid are non-refundable, except where a refund is required by applicable law or otherwise agreed by FMA.

29. Termination by FMA

FMA may terminate a subscription if the Customer materially breaches these Terms, engages in illegal activity, fails to pay fees, or becomes insolvent. If FMA permanently discontinues the service generally, we will provide reasonable notice and an opportunity to export Customer Data.

30. Data Following Cancellation

Subject to any suspension arising from security, fraud, unlawful activity or other serious breach, the Customer may request an export of its Customer Data within thirty (30) days following the effective date of cancellation or termination.

FMA will provide the requested export within a reasonable period following the request, subject to technical feasibility. Where technically practicable, the export will be provided in a reasonably usable commonly supported format. FMA may charge reasonable costs associated with export requests. Following this 30-day window, FMA may permanently delete Customer Data, subject to applicable statutory retention obligations.

31. Confidentiality

Each party must keep confidential information received from the other party secure and confidential, excluding information that is public, independently developed, or required to be disclosed by law.

32. Force Majeure

FMA will not be liable for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, severe weather, war, cyber incidents, infrastructure outages, or telecommunications failures.

33. Notices

Notices from FMA may be sent via email or dashboard notifications. Notices to FMA should be sent to: [email protected].

34. Assignment

You may not transfer your subscription without our prior written consent. FMA may assign its rights and obligations as part of a corporate restructuring, merger, or asset sale.

35. Relationship Between the Parties

The Customer and FMA are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

36. Entire Agreement

These Terms, together with the applicable subscription plan, Privacy Policy, Refund Policy, and any signed custom agreements, constitute the entire agreement between the parties.

37. Severability

If any provision is found unenforceable, it will be severed to the minimum extent necessary, and the remaining provisions will continue in full force.

38. Waiver

Failure to enforce a right under these Terms does not constitute a waiver of that right.

39. Governing Law and Dispute Resolution

These Terms are governed by the laws of Queensland, Australia. The parties submit to the jurisdiction of the courts exercising jurisdiction in Queensland.

39.1 Class Action Waiver

To the maximum extent permitted by law, claims arising from or relating to these Terms or FMA may only be brought on an individual basis and not as part of a representative, collective, or class action proceeding.

40. Consumer and Mandatory Rights

Nothing in these Terms excludes or restricts mandatory consumer protections available under the Australian Consumer Law or other applicable legislation.

41. Acceptance

By clicking "I Agree", creating an account, starting a trial, or using FMA, you confirm that you have read, understood, and agreed to these Terms on your own behalf or on behalf of your organisation.