No Refund Policy

Effective date: the date shown in your member account, onboarding flow, or checkout confirmation.

Operator: Jaybird Sim Center (“Jaybird,” “we,” “us,” “our”), 2550 N Thunderbird Cir #132, Mesa, Arizona 85215, and any successor or additional locations.

You (“Member,” “Customer,” “you,” “your”): the individual or entity purchasing, booking, redeeming, or using Jaybird services, whether as a recurring member, day-pass holder, guest, student, parent or guardian of a minor participant, independent instructor, flight school, or organizational account.

This No Refund Policy (“Policy”) applies to all Jaybird memberships, bookings, entitlements, fees, credits, deposits, and purchases unless mandatory law requires otherwise. It is incorporated into and read together with Jaybird’s Terms of Service, Privacy Policy, Membership Agreement, Cancellation and No-Show Policy, Liability Waiver and Release, Equipment Damage Policy, Simulator Use Policy, Identity & Flight Training Disclosure, Door Access & Facility Security Agreement, Member Simulator Lease & Equipment Use Agreement, Independent Instructor & Training Provider Agreement, Simulator Lease & Training Provider Agreement, TSA Flight Training Security Program Compliance & Flow-Down Addendum, Minor Participation & Guardian Consent Agreement, Guest & Visitor Waiver, Photo, Video & Media Release, Electronic Communications & E-Sign Consent, Cookie & Tracking Technologies Policy, and Accessibility Statement, and it governs every checkout, invoice, and renewal processed by Jaybird.

1. Definitions

“Protected Parties” means Jaybird Sim Center and each of its owners, members, managers, officers, directors, partners, affiliates, successors, and assigns; employees, agents, volunteers, and interns; independent contractors and subcontractors; lessors, landlords, and property managers; equipment manufacturers, vendors, licensors, distributors, integrators, and software providers; outside flight instructors, flight schools, training providers, and partner organizations (including DSA and affiliated schools where applicable); insurers and reinsurers; and each of their respective owners, officers, directors, employees, agents, and insurers.

“Entitlement hours” means simulator hours allocated to your account under a membership plan, day pass, block purchase, or promotion, and debited when you book a Session.

“Instructor credit” means a dollar-denominated credit redeemable only against a future instructor session at Jaybird — not cash, not transferable, and not refundable.

“Courtesy credit” means any discretionary credit Jaybird elects to issue where no credit is required by this Policy or by any other Jaybird agreement.

“Policy fee” means a charge assessed for conduct governed by a Jaybird policy, including the $50 no-show policy fee and the $50 outside instructor checkout fee.

“Session” means a booked simulator reservation, with or without an instructor, including lease and training-provider blocks.

“Commitment period” means the three (3) calendar month minimum initial commitment applicable to recurring memberships unless a different period is expressly shown at checkout.

“Termination for cause” means suspension or termination by Jaybird for policy violation, non-payment, unsafe conduct, credential sharing, harassment, property damage, compliance misrepresentation, or failure to complete or maintain required identity or security verification.

2. General rule: all sales final

All payments to Jaybird are final and non-refundable, including without limitation:

• Membership dues, subscription charges, plan upgrades, and reinstatement fees
• Minimum commitment installments and early termination amounts
• Intro flight, discovery session, day pass, and promotional package purchases
• Block-hour purchases, including the Block of 10 Hours
• Instructor fees, policy fees, and no-show or late-cancellation charges
• Outside instructor checkout fees and lease or training-provider block charges
• Equipment damage, repair, replacement, cleaning, and collection amounts
• Guest fees, add-ons, café purchases, merchandise, and event tickets
• Deposits on events, group bookings, and recurring block reservations
• Taxes, processing fees, and chargeback fees assessed to your account

Jaybird does not provide cash refunds, pro-rata refunds, partial-period refunds, or voluntary payment reversals except where applicable law expressly requires. Amounts already invoiced or already charged remain owed and remain non-refundable.

3. Purchase types, refundability, and what you receive instead

The following table controls what you receive when a purchase is not used, is cancelled, or is otherwise unconsumed. In every row, “Refundable in cash” means no unless mandatory law requires otherwise under Section 14.

Where a row above conflicts with a specific written term shown to you at checkout for that transaction, the checkout term controls for that transaction only, and this Policy controls in all other respects.

4. No refund for partial use or unused benefits

Non-refundability applies even if:

• You used only part of a billing period, day pass, or block of hours
• You did not use included membership entitlement hours before they expired
• You did not use promotional credits, add-ons, or included benefits
• You moved, changed schedules, lost interest, or became unable to attend
• You were unable to obtain the specific aircraft configuration, bay, time slot, or instructor you preferred
• You did not complete, or did not maintain, identity or security verification required under the Identity & Flight Training Disclosure or the TSA Flight Training Security Program Compliance & Flow-Down Addendum
• A compliance hold, delinquency hold, or safety hold prevented you from booking or from starting a Session
• Jaybird suspended or terminated your access for cause
• Equipment was unavailable due to maintenance, outage, supply chain, software fault, or force majeure — Jaybird may, in its sole discretion, restore entitlement hours or offer courtesy credits, but is never required to do so

Entitlement hours do not roll over between billing periods unless the plan terms shown at checkout expressly say they do. Expired hours are forfeited with no cash value and no credit.

5. Credits: issuance, expiry, and restrictions

5.1 What a credit is and is not

A credit is a bookkeeping entry on your Jaybird account. A credit is not money, is not a deposit, is not a stored-value instrument, and does not create a debt owed to you in cash. Credits exist only so that you can obtain future services from Jaybird.

5.2 Types of credit

5.3 Expiry

• Block of 10 Hours entitlement hours expire 90 days after purchase.
• Plan entitlement hours expire at the end of the entitlement period shown in your member account unless the plan expressly provides for rollover.
• Instructor credits expire or may be adjusted according to the portal rules published at the time of booking. Unused instructor credits have no cash value.
• Courtesy credits expire on the date stated when issued, or, if no date is stated, twelve (12) months after issuance.

5.4 Restrictions on all credits

• Credits are non-transferable between accounts, members, households, businesses, or schools.
• Credits have no cash value, cannot be sold, bartered, gifted, or assigned, and will not be paid out on account closure.
• Credits are forfeited immediately on termination for cause and on account closure for non-payment.
• Credits may not be applied against equipment damage charges, cleaning charges, policy fees (including the $50 no-show policy fee and the $50 outside instructor checkout fee), taxes, collection costs, or chargeback fees.
• Credits may not be combined with promotional pricing except where Jaybird states otherwise in writing.
• Jaybird may reverse a credit issued in error, issued on a transaction later disputed or charged back, or issued in reliance on information that proves inaccurate.

6. Membership commitment, changes, and cancellation

Recurring memberships include a minimum initial commitment period of three (3) calendar months unless a different period is expressly shown at checkout.

During the commitment period, you remain responsible for all scheduled charges. Cancelling through self-service where that option is disabled, disputing a charge, allowing a payment method to fail, or requesting early termination does not entitle you to a refund of amounts already paid, and does not extinguish amounts still owed under the commitment.

After the commitment period, cancellation stops future billing at the end of the then-current billing period. It does not refund the current period and does not refund past periods. You retain access and entitlement hours through the end of the paid period, subject to expiry.

7. Booking cancellations are not cash refunds

The Cancellation and No-Show Policy describes when booking entitlements may be restored and when instructor credits may be issued for a future session. That policy allocates service; it does not allocate money back to you.

Important distinctions:

• Restored entitlement hours are not cash refunds — they are plan entitlements returned to your balance.
• Instructor credits are not cash refunds — they are dollar credits applicable only to future instructor bookings at Jaybird.
• Removal of an instructor fee from an upcoming invoice is not a refund — it is the avoidance of a charge that had not yet been collected.
• Late cancellations and no-shows may result in forfeited fees with no refund and no credit.
• Compliance-driven cancellations — where Jaybird cannot lawfully deliver a Session because identity or security verification is incomplete or a compliance hold is in place — are treated as member-caused late cancellations with no refund and no credit.
• Jaybird may waive fees or issue courtesy credits in its sole discretion; a waiver is never a precedent, a course of dealing, or a future obligation.

Nothing in the Cancellation and No-Show Policy creates a right to a monetary refund unless mandatory law requires it.

8. Price changes, promotional, founding, and legacy rates

Jaybird may change published prices, plan structures, entitlement allocations, and fee schedules prospectively. Price changes take effect at the start of your next billing period after notice is provided through the portal, by email, or at checkout.

• A price increase is not a refund event. If you do not accept a new price, your remedy is to cancel prospectively under Section 6.
• Promotional, introductory, founding, legacy, and discounted rates may convert to standard rates as disclosed at signup or as stated in the promotion.
• Grandfathered pricing is a courtesy, not a vested right. Jaybird may end grandfathering on notice, and may end it immediately where the account lapses, is cancelled, is terminated for cause, or changes plans.
• Promotional value is not convertible to cash and has no refund value if unused.
• If you receive a rate that was published in error, Jaybird may correct the rate prospectively and, where the error is material and obvious, may correct it for the affected billing period.

9. Gift cards, promo codes, tickets, café, merchandise, and third-party bookings

9.1 Gift cards and stored value

Gift cards and stored-value balances are sold as final. They are not redeemable for cash except to the minimum extent required by applicable law, are non-transferable once redeemed to an account, and are forfeited on termination for cause. Lost or shared gift card codes are the purchaser’s responsibility; Jaybird is not obligated to replace a code that has been redeemed.

9.2 Promotional codes

Promotional codes have no cash value, may not be combined unless stated, may be limited by plan, date, quantity, or first-time-customer status, and may be voided where Jaybird determines the code was obtained or used outside its published terms. A voided code does not create a refund right.

9.3 Event tickets and group bookings

Event tickets and group booking deposits are non-refundable. Where Jaybird offers a transfer or a rebooking, it does so in writing and as an accommodation only. Additional notice requirements for events and group bookings are stated in the Cancellation and No-Show Policy.

9.4 Café purchases and merchandise

Café and consumable purchases are final at the point of sale. Merchandise is final; Jaybird may exchange a defective item at its discretion, and any exchange is limited to a comparable item.

9.5 Third-party bookings

Where you book, purchase, or pay through a third party — including an independent instructor, a flight school, a partner organization, an event platform, or a reseller — that party’s refund policy governs the money you paid to that party. Jaybird cannot refund funds it did not receive. Fees paid directly to Jaybird in connection with such a booking, including the $50 outside instructor checkout fee, remain governed by this Policy. See the Independent Instructor & Training Provider Agreement and the Simulator Lease & Training Provider Agreement.

10. Taxes, processing fees, and currency

All quoted prices exclude applicable taxes unless expressly stated as tax-inclusive. Applicable transaction privilege tax, sales tax, use tax, and any other governmental charge is added at checkout or on invoice and is your responsibility.

• Taxes remitted to a taxing authority are not refundable by Jaybird. Where a tax was collected in error, your remedy is limited to the amount Jaybird can lawfully recover and pass back.
• Payment processing fees, card network fees, and bank fees are non-refundable.
• All amounts are stated and payable in United States dollars. Currency conversion, foreign transaction, and cross-border fees imposed by your card issuer are your responsibility and are not refundable by Jaybird.
• Jaybird may pass through fees assessed to Jaybird by a processor as a result of your payment activity, including chargeback fees under Section 11.

11. Billing disputes and chargebacks

11.1 Mandatory good-faith contact first

Before initiating a chargeback, payment dispute, bank reversal, or processor claim, you must first contact Jaybird in good faith at support@jaybirdsims.com and allow a reasonable opportunity — at least ten (10) business days from Jaybird’s acknowledgment — to investigate and respond. Most billing questions are resolved by reviewing the booking record and the entitlement ledger in your account.

Your notice should identify the charge date, the amount, the last four digits of the payment method, and the reason you believe the charge is incorrect.

11.2 Evidence Jaybird will submit to the processor

If you initiate a dispute, Jaybird will contest it where the charge is valid, and you consent to Jaybird’s submission of the following records to Stripe or another processor, to the card network, and to your issuing bank:

• Signed agreements and policy acceptances, including the version accepted, the timestamp, and the IP address and user-agent recorded at the time of signature
• Account registration records, identity verification status, and onboarding completion records
• Booking records, session start and end times, rescheduling history, and cancellation timestamps recorded in the Jaybird portal
• Entitlement ledger entries showing hours debited, restored, or expired
• Door access and credential logs showing facility entry and exit
• Instructor assignment records, instructor charge records, and instructor credit records
• Email and SMS delivery records showing confirmations, reminders, and notices sent to you
• Invoices, receipts, checkout confirmations, and the plan terms displayed at purchase
• Incident, damage, and policy-fee documentation where relevant

You acknowledge that these records are business records created in the ordinary course and that they are controlling evidence of what you booked, accepted, and used.

11.3 Consequences of a bad-faith chargeback

A chargeback filed without first complying with Section 11.1, a duplicate chargeback, a chargeback on a session you attended, or a chargeback on a fee validly assessed is a material breach of your agreement with Jaybird. Jaybird may:

• Immediately suspend or terminate your membership, bookings, and door access credentials
• Accelerate the full remaining balance of any commitment period and any outstanding invoice, to the extent permitted by law
• Hold you responsible for the disputed amount, plus pass through any chargeback fee assessed to Jaybird by its processor
• Forfeit all entitlement hours, instructor credits, and courtesy credits on your account
• Require prepayment by a verified method, or decline to do business with you in the future
• Refer the balance to a collection agency and recover reasonable collection costs and attorneys’ fees to the extent permitted by law
• Report the matter to law enforcement where the facts indicate fraud

Winning a chargeback does not extinguish your obligation under this Policy; where a reversal is granted for a charge Jaybird believes valid, the underlying amount remains an outstanding balance on your account.

12. Facility closure, relocation, sale of the business, and equipment retirement

Jaybird operates a physical facility with specialized hardware. Circumstances may require change.

You consent in advance to the assignment of your membership, agreements, entitlements, and credits to a successor in connection with a sale, merger, reorganization, or transfer of all or substantially all of Jaybird’s assets. Personal information transferred in such a transaction is handled as described in the Privacy Policy.

Where a device, plan, or benefit ends, Jaybird’s obligation is limited to service substitution or discretionary credit. Discontinuation of a benefit is not a refund event.

13. Death or permanent disability of a member

Jaybird will consider a discretionary release from a remaining commitment period, and a discretionary stop to future billing, where a member dies or suffers a permanent disability that prevents simulator use.

• The request must come from the member, the member’s legal representative, an executor or administrator of the estate, or a person holding a valid power of attorney.
• Jaybird may require reasonable documentation, such as a death certificate, a letter from a licensed physician, or letters testamentary. Jaybird will handle such documentation in accordance with the Privacy Policy and will retain only what is necessary.
• On approval, Jaybird will stop future billing and may waive remaining commitment installments.
• There is no automatic refund. Amounts already paid remain non-refundable, and entitlement hours, instructor credits, and courtesy credits are not payable in cash to the member or to an estate. Jaybird may, in its sole discretion, extend an entitlement window or permit a one-time transfer of remaining hours to a designated individual.

14. Rights that cannot be waived; legally mandated refunds

Nothing in this Policy limits, waives, or disclaims any right or remedy that cannot lawfully be limited, waived, or disclaimed under Arizona or federal consumer protection law, including without limitation rights under the Arizona Consumer Fraud Act, A.R.S. Title 44, Chapter 15, where genuinely applicable to the transaction. If any provision of this Policy is held unenforceable as applied to you, that provision is limited or severed to the minimum extent necessary and the remainder of this Policy continues in force.

Where applicable law mandates a refund, a right of cancellation, or a cooling-off period for a specific transaction type, Jaybird will comply, and:

• Jaybird will refund only to the minimum extent required by that law
• The refund will be issued to the original payment method where practicable, and otherwise by a method Jaybird reasonably selects
• Jaybird may deduct amounts lawfully deductible, including the value of services already delivered, entitlement hours already consumed, policy fees already earned, and damage charges already assessed
• Any credits, promotional value, or discounts tied to the refunded transaction are reversed
• Jaybird will process the refund within the time required by that law, and otherwise within a commercially reasonable period after the obligation is established

A refund made under this Section is not an admission of liability and is not a precedent for any other transaction.

15. Third-party processors

Payments are processed by Stripe and other service providers. Jaybird’s operations also rely on Supabase, Vercel, Resend, Twilio, Sentry, Seam and Kwikset, and Google Calendar. These providers process transactions and records on Jaybird’s behalf and remain subject to this Policy.

• A processor’s dispute window, buyer-protection program, or internal policy does not create refund rights beyond this Policy except where mandatory law requires.
• Jaybird is not responsible for a processor’s or bank’s timing in posting, settling, or returning funds.
• Where a processor withholds, delays, or reverses funds for reasons outside Jaybird’s control, Jaybird’s obligation is limited to reasonable cooperation.
• Data handled by these providers is subject to the Privacy Policy and, where applicable, the Cookie & Tracking Technologies Policy. Privacy questions go to privacy@jaybirdsims.com.

16. Delinquency, collection, and offsets

If an amount owed to Jaybird is unpaid:

• Jaybird may suspend bookings, entitlement use, and door access credentials until the balance is cleared, without extending any entitlement window and without any refund or credit for the suspension period
• Jaybird may apply any credit on your account against the balance
• Jaybird may retry the payment method on file, and may require a replacement method
• Jaybird may refer the balance for collection and recover reasonable collection costs, court costs, and attorneys’ fees to the extent permitted by law
• Interest may accrue on past-due amounts at the maximum rate permitted by Arizona law

Suspension for delinquency is not a Jaybird-initiated cancellation and does not entitle you to restored entitlements, a credit, or a refund.

17. Discretionary accommodations; no precedent

Jaybird may, in its sole discretion, waive a fee, restore an entitlement, extend an expiry window, or issue a courtesy credit — for example, after a documented emergency, a service disruption, or an accessibility need described in the Accessibility Statement.

Any such accommodation:

• Is a one-time act of goodwill and is not an admission that a refund was owed
• Does not create a precedent, a course of dealing, or an expectation of the same treatment later
• Does not modify this Policy, which may be modified only as provided in the Terms of Service
• May be conditioned on written terms, including a release, that Jaybird specifies at the time

No employee, contractor, or instructor has authority to promise a cash refund contrary to this Policy. Only a written approval issued from support@jaybirdsims.com by an authorized Jaybird representative is binding.

18. Limitation of liability

To the maximum extent permitted by law, and without limiting the Terms of Service or the Liability Waiver and Release, the total aggregate liability of the Protected Parties to you arising out of or relating to billing, refunds, credits, entitlements, or this Policy is limited to the greater of (a) the amounts you paid to Jaybird in the three (3) months preceding the claim, or (b) US$500.

The Protected Parties are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost opportunity, or lost training progress, arising out of or relating to this Policy.

19. Records and retention

Jaybird retains billing records, signed agreements, booking records, entitlement ledger entries, and compliance records for at least five (5) years, and longer where required by law, by a legal hold, or by an open dispute. Retention, access, and deletion requests are handled as described in the Privacy Policy. Compliance records associated with the Transportation Security Administration’s Flight Training Security Program under 49 CFR Part 1552 are retained for the period that regulation requires.

20. Contact and how to raise a billing issue

• Billing, refunds, credits, and disputes: support@jaybirdsims.com
• Privacy, data access, and deletion requests: privacy@jaybirdsims.com
• Mail: Jaybird Sim Center, 2550 N Thunderbird Cir #132, Mesa, Arizona 85215

Include your account email, the charge date, the amount, and a description of the issue. Jaybird will acknowledge and respond within a commercially reasonable time.

21. Governing law, jurisdiction, and venue

This Policy is governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. You and Jaybird consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona for any dispute arising out of or relating to this Policy, and each party waives any objection based on inconvenient forum. This Section is consistent with, and does not enlarge or narrow, the dispute resolution terms of Jaybird’s Terms of Service.

22. Severability, entire agreement, and survival

If any provision of this Policy is held invalid, illegal, or unenforceable, that provision is modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions continue in full force and effect.

This Policy, together with the Terms of Service, Privacy Policy, Membership Agreement, Cancellation and No-Show Policy, Liability Waiver and Release, Equipment Damage Policy, Simulator Use Policy, Identity & Flight Training Disclosure, Door Access & Facility Security Agreement, Member Simulator Lease & Equipment Use Agreement, Independent Instructor & Training Provider Agreement, Simulator Lease & Training Provider Agreement, TSA Flight Training Security Program Compliance & Flow-Down Addendum, Minor Participation & Guardian Consent Agreement, Guest & Visitor Waiver, Photo, Video & Media Release, Electronic Communications & E-Sign Consent, Cookie & Tracking Technologies Policy, and Accessibility Statement, is the entire agreement between you and Jaybird regarding refunds and supersedes all prior or contemporaneous understandings on that subject. No oral statement modifies this Policy.

Jaybird’s failure to enforce any provision is not a waiver of that provision. Sections concerning non-refundability, credits, chargebacks, taxes, delinquency, limitation of liability, records, governing law, and this Section survive termination or expiration of your membership.

23. Electronic acceptance and signature

By completing checkout, accepting policies during onboarding, typing your name in an acceptance field, clicking an acceptance control, or continuing to use Jaybird services after this Policy is published, you agree to this Policy and sign it electronically.

You consent to transact business and receive records electronically under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., and the Arizona Electronic Transactions Act, A.R.S. Title 44, Chapter 26. You agree that your electronic signature has the same force and effect as a handwritten signature, and that Jaybird’s records of your acceptance — including the version accepted, the timestamp, and the IP address and user-agent recorded at signature — are admissible evidence of that agreement. Additional detail on electronic records, withdrawal of consent, and hardware and software requirements is in the Electronic Communications & E-Sign Consent agreement.

Questions: support@jaybirdsims.com