Terms of Service

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

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

You (“Member,” “User,” “you,” “your”): the individual or, if applicable, the entity accepting these Terms and its authorized users.

By creating an account, checking acceptance boxes, signing electronically, using our website or member portal, entering our premises, or using any simulator, training device, golf bay, briefing room, lounge, café, or related equipment, you agree to these Terms of Service (“Terms”) and to our Privacy Policy, No Refund Policy, Liability Waiver and Release, Membership Agreement, Equipment Damage Policy, Cancellation and No-Show 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, Accessibility Statement, and any other policy published or presented at acceptance (collectively, the “Policies”). If you do not agree, do not use our services.

PLEASE READ SECTION 31 CAREFULLY. IT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A 30-DAY OPT-OUT RIGHT. SECTION 30 SHORTENS THE TIME IN WHICH YOU MAY BRING A CLAIM.

1. Definitions

“Facilities” means Jaybird premises and related areas, including simulator bays, briefing rooms, golf bays, lounges, café areas, restrooms, hallways, parking, and access-controlled spaces at 2550 N Thunderbird Cir #132, Mesa, Arizona 85215 and any successor or additional location.

“Services” means membership access, bookings, simulator and training-device time, instruction (where approved), events, the member portal and website, door access, communications, and all ancillary offerings provided by Jaybird.

“Devices” means the Redbird FMX (an Advanced Aviation Training Device, or “AATD”), Gleim and other Basic Aviation Training Devices (“BATD”), golf simulators, projectors, motion bases, seats, restraints, yokes, throttle quadrants, rudder pedals, avionics panels, headsets, computers, networking equipment, and all related hardware and software located in the Facilities.

“Portal” means the Jaybird member-facing web application, including account, booking, billing, document, and compliance features.

“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.

“DSA” means Jaybird’s affiliated flight school partner. “Outside instructor” means a certificated flight instructor who is not employed by Jaybird or DSA and who has been approved through Jaybird’s outside instructor checkout. “Outside school” means a partner flight school operating at the Facilities under a simulator lease agreement.

“FTSP” means the Flight Training Security Program administered by the Transportation Security Administration under 49 CFR Part 1552 (formerly the Alien Flight Student Program, or “AFSP”).

“Session use classification” means the purpose recorded for a booking in Jaybird systems, which may be recreational, self_practice, pilot_proficiency, flight_review, ipc_proficiency, cert_rating_training_jaybird, cert_rating_training_outside_cfi, outside_school_lease, discovery_demo, or event_group.

“Responsible flight training provider” means the party recorded in Jaybird systems as accountable for regulated flight training on a booking, which may be jaybird_dsa, outside_instructor, outside_school, or undetermined.

“Policies” has the meaning given in the introduction to these Terms.

2. Order of precedence

The Policies are intended to be read together. Where two documents you have accepted address the same subject and cannot be reconciled, the following order of precedence controls for that subject matter only, and all other terms of every document remain in full force.

Nothing in this Section 2 reduces any release, waiver, indemnity, limitation of liability, or arbitration obligation. Where multiple documents each contain such a provision, the broadest protection available to the Protected Parties applies to the fullest extent permitted by Arizona law.

3. Eligibility; age; capacity

3.1 Minimum age to hold an account

You must be at least eighteen (18) years old and have the legal capacity to enter binding contracts to create a Jaybird account, hold a membership, purchase services, hold door credentials, or accept these Terms. Accounts are not offered to individuals under 18.

3.2 Minors

Individuals under 18 may participate in supervised sessions, discovery demonstrations, events, and instruction only where a parent or legal guardian has executed the Minor Participation & Guardian Consent Agreement and the Liability Waiver and Release on the minor’s behalf and remains responsible for the minor. Minors are never issued door credentials and may not use the Facilities unattended. A guardian who signs for a minor is personally bound by these Terms with respect to the minor’s participation.

3.3 Physical, medical, and cognitive fitness

You represent that you are physically, medically, and cognitively able to use the Devices safely, that you are not under the influence of alcohol, cannabis, or any impairing substance while using the Facilities, and that you have disclosed any condition that would make simulator use unsafe (including seizure disorders, vertigo, severe motion sensitivity, uncontrolled cardiac conditions, recent surgery, and pregnancy complications). Jaybird does not evaluate your fitness and does not provide medical clearance.

3.4 Prior removal

If Jaybird previously terminated your account or barred you from the Facilities, you may not create a new account or enter the Facilities without Jaybird’s prior written consent. Circumvention is a material breach and may constitute trespass.

4. Account types and roles

4.1 Roles

Jaybird systems assign each account one or more roles. Your role determines what you can see, book, and do.

4.2 Guests

Guests are not account holders. A guest may enter and participate only when sponsored by a member or by Jaybird, only after signing the Guest & Visitor Waiver, and only while supervised. Guests never receive door credentials.

4.3 Entity and corporate accounts

If you accept these Terms on behalf of a company, flight school, partnership, trust, or other entity, you represent and warrant that you are authorized to bind that entity, that the entity has all necessary corporate authority, and that “you” and “your” refer to both you individually and the entity. The entity and each named authorized user are jointly and severally liable for all obligations arising from the account.

4.4 Instructor and school accounts

Outside instructors and outside schools lease simulator time as independent instructors and equipment lessees (or, for schools, as independent businesses). They are not Jaybird employees, partners, joint venturers, or agents, and Jaybird does not set, collect, or invoice their lesson rates. Jaybird does not direct or control the content, method, sequence, or outcome of their instruction. Only ambassadors who separately qualify have an independent-contractor relationship with Jaybird, and only for promotional or referral work. Instructor rights and obligations are governed by the Independent Instructor & Training Provider Agreement or the Simulator Lease & Training Provider Agreement, together with the Independent Instructor Simulator Lease & Facility Use Agreement and the TSA Flight Training Security Program Compliance & Flow-Down Addendum.

4.5 One account per person

Each individual may hold one account. Accounts are personal and may not be shared, sold, rented, loaned, sublicensed, or transferred except as expressly permitted for named users on an entity plan purchased in writing.

5. Account registration; accuracy; security

You must provide accurate, current, and complete information and keep it updated, including your legal name, email address, mobile number, mailing address, emergency contact where requested, and any citizenship or training disclosure required under Section 15.

You are responsible for safeguarding your credentials, door codes and PINs, portal access, and any device on which you remain signed in. You are responsible for all activity conducted through your account, whether or not you authorized it, except to the extent caused by Jaybird’s gross negligence or willful misconduct.

You may not impersonate any person, misstate your identity, use another person’s payment method without authority, or create fraudulent or duplicate accounts.

Notify Jaybird immediately at support@jaybirdsims.com of any suspected unauthorized access, lost credential, compromised email account, or stolen device. Jaybird may reset credentials, rotate PINs, or suspend access at any time to protect the Facilities.

6. Not professional, flight, legal, medical, or regulatory advice

Nothing Jaybird or any Protected Party provides — whether in person, through equipment, software, marketing, staff conversation, AI tools, scenario content, or digital material — is legal advice, medical advice, immigration advice, tax advice, regulatory interpretation, or a substitute for a certificated flight instructor, mechanic, attorney, aviation medical examiner, or other licensed professional.

You alone are responsible for compliance with FAA regulations (including 14 CFR Part 61), TSA/FTSP requirements under 49 CFR Part 1552, your insurance, your employer or school rules, and your medical fitness to fly or operate equipment.

Jaybird does not determine, certify, or guarantee whether any activity satisfies 14 CFR 61.51 logging requirements, 14 CFR 61.56 flight review requirements, 14 CFR 61.57 recent flight experience or instrument currency requirements, or the requirements of 14 CFR Parts 141 or 142. Credit for training device time depends on device authorization, instructor eligibility, and the applicable regulation — see FAA AC 61-136 and consult your instructor. Any statement by Jaybird staff about loggability, currency, or credit is informational only and is not a representation on which you may rely.

7. Simulator use is not real-world flight

Simulators and training devices do not replicate all real-world conditions, including weather, turbulence, traffic, terrain, wake, icing, aircraft-specific handling, system failures, physiological stress, hypoxia, spatial disorientation, G-loading, noise, vibration, emergency egress, and survivability.

You agree that:

• Simulator time is permitted only within device limits, any Letter of Authorization (if applicable), the Simulator Use Policy, and Jaybird policies
• You will not attempt maneuvers or procedures in a real aircraft, vehicle, or operational environment solely because you practiced them in a simulator unless appropriately supervised, certified, and authorized in the real environment
• Device fidelity, scenery, weather modeling, avionics behavior, and failure modeling are approximations and may differ materially from any specific aircraft you fly
• Jaybird is not responsible for real-world decisions you make based on simulator experience, including go/no-go decisions, currency assumptions, or aircraft handling expectations

8. Assumption of risk; serious injury and death

Use of aviation training devices, motion simulators, golf simulators, projectors, motion bases, headsets, restraints, stairs, doors, café equipment, and unattended access (where applicable) involves inherent risks including motion sickness, disorientation, nausea, falls, pinch and crush points, entanglement, electrical hazards, fire, equipment malfunction, exposure to other patrons, serious personal injury, and death.

To the fullest extent permitted by Arizona law, you assume all risks of using the Facilities and Services, whether known or unknown, foreseeable or unforeseeable, except claims arising from Jaybird’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction. The Liability Waiver and Release contains additional release and indemnity terms and controls on the subject of bodily injury.

9. No reliance; your independent judgment

You acknowledge that you are exercising your own independent judgment in deciding to use the Facilities, in selecting an instructor or training provider, in selecting a session use classification, in choosing what to practice, and in applying anything learned at Jaybird to real-world aviation.

You are not relying on any oral or written statement, representation, warranty, projection, marketing claim, training recommendation, or assurance made by any Protected Party that is not expressly set out in these Terms or in a signed writing. No employee, contractor, instructor, or agent has authority to modify these Terms, waive any Policy, or make any representation on Jaybird’s behalf except through a written amendment signed by an authorized Jaybird representative.

Jaybird does not supervise, evaluate, endorse, or vouch for the competence, credentials, insurance, or conduct of any outside instructor or outside school. Verification of a certificate number or completion of an outside instructor checkout is an administrative step, not an endorsement.

10. Acceptable use; prohibited conduct

10.1 General standard

You will use the Facilities and Services safely, lawfully, courteously, and consistently with all posted rules, staff instructions, and the Simulator Use Policy.

10.2 Prohibited on the premises

• Weapons of any kind, including firearms, ammunition, knives beyond ordinary pocket tools, explosives, and simulated or replica weapons, regardless of any permit, except for sworn law enforcement acting in an official capacity
• Alcohol not served or authorized by Jaybird, cannabis, illegal drugs, and use of the Facilities while impaired
• Smoking, vaping, and open flame
• Food or liquids in simulator bays except as expressly permitted; liquids near avionics, panels, or seats are prohibited
• Tampering with, opening, modifying, reconfiguring, updating, uninstalling, or repairing any Device, cabling, network gear, projector, motion base, or access-control hardware
• Installing software, connecting unauthorized storage or peripherals, or altering system, network, or simulator configuration
• Propping, blocking, disabling, or defeating any door, lock, sensor, alarm, or camera
• Bringing pets other than a service animal as defined by applicable law
• Entering staff-only, mechanical, or storage areas

10.3 Prohibited conduct toward people

• Harassment, discrimination, threats, intimidation, stalking, unwanted physical contact, or abusive language toward members, guests, instructors, partners, staff, or neighbors
• Recording other members, guests, instructors, or staff — photographing, filming, live-streaming, or audio-recording any identifiable person without that person’s express prior consent; recording in restrooms or changing areas is prohibited absolutely
• Recording or publishing another person’s screen, checkride preparation, training performance, personal information, or documents
• Interfering with another member’s session, occupying a bay you did not book, or exceeding your reserved time

10.4 Prohibited commercial and competitive conduct

• Subletting, reselling, brokering, bartering, or transferring simulator time, entitlement hours, blocks of hours, day passes, guest passes, promotional credits, or door access
• Providing or receiving flight instruction, ground instruction, or any regulated training at the Facilities except through Jaybird, DSA, or an approved outside instructor or outside school with a completed checkout and a correctly classified booking
• Charging any third party for use of the Facilities or Devices, or operating any business at the Facilities, without a signed written agreement with Jaybird
• Solicitation of members, guests, instructors, or staff for any commercial purpose, including recruiting instructors or students away from Jaybird or DSA
• Competitive intelligence gathering, including entering the Facilities on behalf of a competitor, photographing configurations, pricing, layouts, or equipment for competitive purposes, or benchmarking the Services for publication or competitive analysis
• Using the Services to build, train, or improve a competing product or service

10.5 Prohibited technical conduct

• Scraping, crawling, harvesting, or systematically extracting data from the Portal or website
• Operating automated booking bots, scripts, macros, schedulers, or agents that interact with the Portal, or booking through any means other than the human-facing interfaces Jaybird provides
• Circumventing booking limits, waitlists, entitlement checks, compliance gates, rate limits, or access controls
• Probing, scanning, penetration testing, vulnerability testing, load testing, or attempting to gain unauthorized access to any Jaybird system, account, or network without Jaybird’s prior written permission
• Introducing malware, credential stuffing, session hijacking, or interfering with the Portal’s operation
• Reverse engineering, decompiling, or disassembling the Portal or any Device software except to the extent that restriction is unenforceable under applicable law

10.6 Prohibited compliance conduct

• Misstating your identity, citizenship, immigration status, or training purpose
• Selecting an inaccurate session use classification or responsible flight training provider to avoid FTSP, recordkeeping, or fee obligations
• Conducting cert_rating_training_jaybird, cert_rating_training_outside_cfi, or outside_school_lease activity under a recreational, self_practice, or discovery_demo booking
• Instructing without a current certificate, or permitting an unapproved instructor to instruct at the Facilities

10.7 Consequences

Violation of this Section 10 may result in immediate removal from the Facilities, suspension or termination without refund, credential revocation, damage and cost recovery, referral to law enforcement or regulators, and injunctive relief.

11. Memberships; billing; three-month minimum commitment

11.1 Personal use. Memberships are personal unless a corporate or entity plan is expressly purchased in writing with named authorized users. Sharing credentials, access codes, or devices is grounds for immediate termination and additional charges.

11.2 Recurring plans. Paid recurring memberships include a minimum initial commitment of three (3) calendar months from the billing anchor date shown in your billing portal unless a different period is displayed at checkout. During the commitment period, self-service cancellation may be disabled and you remain responsible for recurring charges through the commitment period unless Jaybird agrees otherwise in a signed writing.

11.3 Auto-renewal. Recurring memberships automatically renew at the then-current price and interval until cancelled as described in the Membership Agreement. Cancellation is effective at the end of the then-current billing period and does not refund amounts already paid.

11.4 Early termination. Early termination before the commitment ends requires Jaybird’s consent and payment of an early termination amount equal to the remaining membership installments (plus taxes) unless required otherwise by law. Early termination is not guaranteed.

11.5 After commitment. You may cancel recurring memberships at period end through the portal where enabled, subject to payment of all amounts due.

11.6 No refunds; all sales final. Jaybird’s No Refund Policy is incorporated by reference. Unless mandated by law, all payments are final and non-refundable, including membership dues, partial billing periods, unused hours, day passes, blocks of hours, guest passes, promotional credits, instructor fees, policy fees, damage charges, and amounts paid before termination for cause. Booking entitlement restorations and instructor session credits under the Cancellation and No-Show Policy are not cash refunds.

11.7 Failed payments and chargebacks. Failed, reversed, or disputed payments may cause suspension, credential revocation, termination, and collection. Chargebacks initiated in bad faith are a material breach and make you responsible for the disputed amount plus chargeback fees and reasonable collection costs permitted by law. You agree to contact support@jaybirdsims.com before initiating any payment dispute.

11.8 Taxes. Prices exclude applicable transaction privilege, sales, and use taxes, which are added where required.

12. Instructor fees and standard policy fees

Instruction, where offered, is billed separately from membership dues. The following amounts apply unless a different amount is displayed at checkout or in your booking confirmation.

Instructor fees may be prepaid at booking or added to your monthly bill. Treatment of instructor fees on cancellation is governed by the Cancellation and No-Show Policy. Instructor credits are credits toward future instructor sessions at Jaybird, are not transferable, and have no cash value.

Payments to outside instructors and partner schools may be processed through Stripe Connect. Jaybird’s role in facilitating a payout does not make Jaybird the employer of, or responsible for the tax obligations of, any independent instructor or school.

13. Bookings; cancellations; no-shows

Booking, cancellation, instructor fee, rescheduling, and no-show rules are defined in the Cancellation and No-Show Policy and your booking confirmation, which are incorporated by reference.

You must select the correct session use classification and, where applicable, identify the responsible flight training provider for every booking. Jaybird may re-classify a booking that is recorded incorrectly, stop a session in progress, and charge any fees that the correct classification would have required.

Repeated late cancellations or no-shows may result in fees, booking restrictions, loss of unattended access, or membership review.

Jaybird may cancel, move, or shorten any booking for maintenance, safety, staffing, device failure, compliance review, or operational need. Cash refunds are not provided for Jaybird-initiated changes except where required by law; entitlement restoration and rebooking are the ordinary remedies.

14. Equipment damage; custody during a session

You are responsible for physical loss and damage to Jaybird and partner equipment caused by misuse, negligence, recklessness, unauthorized modification, prohibited food or liquids, intentional acts, or failure to follow instructions or staff direction.

The Equipment Damage Policy governs assessment, estimates, billing, and remedies, and the Member Simulator Lease & Equipment Use Agreement governs your limited custody of the Devices during a session. Normal wear and tear is not chargeable.

You authorize Jaybird to charge your payment method on file for assessed damage amounts, and you agree that your obligation is not limited by any insurance you may or may not carry.

15. Compliance; identity; flight training security

15.1 Framework

Simulator training classification, identity and citizenship verification, and FTSP requirements are governed by the Simulator Use Policy, the Identity & Flight Training Disclosure, and the TSA Flight Training Security Program Compliance & Flow-Down Addendum. Those documents control on this subject.

15.2 Your representations

You represent, on each booking and each visit, that (a) the identity and citizenship information in your account is true, current, and complete; (b) the session use classification you selected accurately describes the activity you intend to conduct; (c) you have identified the correct responsible flight training provider; and (d) if you are not a U.S. citizen or U.S. national and you intend to receive training that requires FTSP authorization, you have obtained that authorization before training begins.

15.3 Regulatory anchors

Flight training security obligations arise under 49 CFR Part 1552, including candidate and provider duties at 49 CFR 1552.7, recordkeeping at 49 CFR 1552.19, and security awareness training at 49 CFR 1552.23. Facility security obligations may arise under 49 CFR 1540.103. Providing false information in connection with these programs may constitute a federal offense under 18 U.S.C. 1001 and may expose you to civil penalties under 49 U.S.C. 46301.

15.4 Records

Jaybird retains compliance records — including identity documents, citizenship evidence, training records, session classifications, and instructor attestations — for at least five (5) years, and longer where required by law, regulation, contract, or litigation hold. Handling of those records is described in the Privacy Policy.

15.5 Enforcement

Misclassified, unauthorized, or non-compliant training may be stopped immediately, is a material breach, and may result in suspension of all booking rights and door credentials without refund, reporting to TSA, FAA, or law enforcement, and termination. Compliance suspensions do not pause billing or extend any commitment period.

16. Export control; sanctions; denied parties

You represent and warrant that you are not (a) located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions; (b) identified on any U.S. government restricted or denied-party list, including the Specially Designated Nationals and Blocked Persons List, the Denied Persons List, the Entity List, or the Unverified List; or (c) acting on behalf of, or for the benefit of, any such person or entity.

You will not use the Services, receive training, obtain data or documentation, or transfer any technology or technical data in violation of U.S. export control laws, sanctions regulations, or anti-boycott laws. You will not use the Services to provide training or technical assistance to any restricted party.

You will promptly notify Jaybird if any of these representations ceases to be true. Jaybird may suspend or terminate your account immediately and without refund if it believes in good faith that continued service would violate export control or sanctions law, and may report the matter to the relevant authorities.

17. Lawful source of funds; anti-money laundering

You represent that all funds used to pay Jaybird are from lawful sources, are your own funds or funds you are authorized to use, and are not the proceeds of, or intended to facilitate, any criminal activity, money laundering, terrorist financing, or sanctions evasion.

You will not structure payments to evade reporting requirements, overpay in order to request a refund to a different instrument, use third-party or anonymous payment instruments without disclosure, or ask Jaybird to invoice a party other than the beneficiary of the Services without written approval.

Jaybird may decline, delay, reverse, or refuse to process any payment, and may request documentation of identity or source of funds, where it has a good-faith concern under this Section.

18. Door access; facility security

Where unattended or after-hours access is provided, you must comply with the Door Access & Facility Security Agreement. Credentials and PINs are personal, are issued through third-party access-control services (including Seam and Kwikset), and may be rotated, suspended, or revoked at any time for security, maintenance, non-payment, or policy violations.

Credential sharing, tailgating, propping doors, admitting non-members, and allowing anyone to enter behind you are prohibited and may result in immediate termination without refund and referral to law enforcement. You are responsible for everything that occurs during any entry made with your credential.

Access-control events, entry logs, and video may be recorded and retained, and may be used for security investigations, billing disputes, and compliance purposes as described in the Privacy Policy.

19. Guests; minors on the premises

If permitted by your plan, you may sponsor guests. You are fully responsible for guest conduct, compliance with all Policies, and any damage or injury guests cause. Every guest must sign the Guest & Visitor Waiver before participating, and a guest under 18 requires a Minor Participation & Guardian Consent Agreement executed by the minor’s parent or legal guardian.

Guests may not use unattended access, may not be left alone in the Facilities, and may not operate a Device without authorization. Guest privileges are a courtesy and may be limited, suspended, or withdrawn at any time.

20. Conduct; suspension pending investigation; termination

We may refuse service, suspend access, or terminate membership immediately for unsafe conduct, intoxication, harassment, discrimination, illegal activity, credential sharing, uncredentialed instruction, compliance misrepresentation, equipment tampering, abuse of staff or members, non-payment, or any material breach.

Suspension pending investigation. Jaybird may suspend your account, bookings, and door credentials while it investigates a suspected violation, a safety incident, a damage claim, a compliance question, or a payment dispute. A suspension under this Section does not pause or extend billing, does not extend any commitment period, and does not entitle you to a refund or credit, even if the investigation ultimately clears you — though Jaybird may extend a courtesy credit in its sole discretion.

Termination for cause does not waive amounts due, damage charges, indemnity obligations, or any remaining commitment balance. On termination, your door credentials are revoked, future bookings are cancelled, and unused hours, credits, passes, and promotional balances are forfeited without value.

You may stop using the Services at any time, subject to the Membership Agreement and No Refund Policy.

21. Privacy; communications

Our Privacy Policy describes how we collect, use, share, and retain personal information, and our Cookie & Tracking Technologies Policy describes tracking technologies used on our website and Portal. By using the Services, you consent to those practices as updated from time to time where permitted by law.

Your consent to electronic delivery of records, transactional email, and SMS is governed by the Electronic Communications & E-Sign Consent. Transactional messages about bookings, billing, safety, compliance, and access are part of the Services and may continue even if you opt out of marketing. Message and data rates may apply. Privacy questions: privacy@jaybirdsims.com.

22. Intellectual property

Jaybird names, logos, marks, trade dress, software, scenario content, curricula, checklists, briefing materials, documentation, photographs, site content, and the arrangement and selection of the foregoing are owned by Jaybird or its licensors and are protected by copyright, trademark, trade secret, and other laws.

Except for the limited licence in Section 23, you receive no right, title, or interest in any Jaybird intellectual property. You may not copy, modify, distribute, publicly display, publish, create derivative works from, reverse engineer, scrape, or commercially exploit any of it without Jaybird’s prior written permission.

Third-party marks, aircraft names, avionics names, and scenery appearing in Devices belong to their respective owners and are used for identification only. Their appearance does not imply endorsement, affiliation, or approval.

23. Portal software licence and restrictions

Subject to your continued compliance with these Terms, Jaybird grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Portal and website solely for managing your own account, bookings, documents, and payments.

You will not, and will not permit anyone else to:

• Reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, data models, or underlying structure, except where that restriction is unenforceable under applicable law
• Scrape, crawl, index, cache, mirror, or systematically download content or data
• Use bots, scripts, headless browsers, automated agents, or AI agents to create accounts, book sessions, hold inventory, monitor availability, or interact with the Portal
• Circumvent authentication, authorization, rate limits, entitlement checks, compliance gates, or booking rules
• Conduct security testing, vulnerability scanning, or penetration testing without Jaybird’s prior written permission, or publish any vulnerability before Jaybird has had a reasonable opportunity to remediate
• Resell, sublicense, host, or provide the Portal as a service to any third party
• Remove or obscure proprietary notices
• Use the Portal or its outputs to develop a competing product or service, or for benchmarking or competitive analysis

Jaybird may monitor use of the Portal for security, billing integrity, and abuse prevention, may throttle or block traffic, and may terminate this licence at any time. This licence terminates automatically when your account is terminated.

24. User content; feedback

24.1 Your content

“User Content” means anything you submit, upload, or record through the Services, including profile information, session notes, training logs you enter, documents and images you upload, reviews, ratings, testimonials, forum or chat messages, and support communications.

You retain ownership of your User Content. You grant Jaybird a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable licence to host, store, reproduce, adapt, publish, translate, distribute, and display User Content for the purposes of operating, improving, securing, and promoting the Services, and for compliance and recordkeeping. This licence survives termination as to content already submitted, and as to any content Jaybird must retain for legal, regulatory, or defensive purposes.

You represent that you own or have all necessary rights to your User Content, that it does not infringe or misappropriate any third-party right, and that it does not contain unlawful, defamatory, or privacy-violating material. Do not upload another person’s medical, financial, or identity documents without their consent.

24.2 Feedback

If you provide feedback, ideas, suggestions, feature requests, bug reports, or improvements, you grant Jaybird a perpetual, irrevocable, worldwide, royalty-free, unrestricted right to use and exploit them for any purpose without attribution, compensation, or confidentiality obligation. Feedback is not confidential and creates no fiduciary or partnership relationship.

24.3 Moderation

Jaybird may, but has no obligation to, review, screen, edit, refuse, or remove User Content, and may do so without notice. Jaybird is not responsible for User Content submitted by others.

24.4 Likeness

Photography and video on the premises, and any use of your likeness, are governed by the Photo, Video & Media Release.

25. Copyright and intellectual property complaints

If you believe content available through the Services infringes your copyright, send a written notice to Jaybird’s designated agent at support@jaybirdsims.com with the subject line “DMCA Notice,” including:

• Your physical or electronic signature
• Identification of the copyrighted work you claim is infringed
• Identification of the material you claim is infringing and information reasonably sufficient to let us locate it
• Your name, mailing address, telephone number, and email address
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner’s behalf

Jaybird will respond to properly submitted notices, may remove or disable access to the material, and may terminate the accounts of repeat infringers. If you believe material was removed in error, you may submit a counter-notice to the same address containing the elements required by law. Knowingly material misrepresentations in a notice or counter-notice may subject you to liability. Trademark and other IP complaints may be sent to the same address.

26. Third-party services; flow-through terms

Jaybird uses third-party providers to deliver the Services. Your use of Services that depend on them is also subject to their terms and privacy practices.

You authorize Jaybird to transmit information necessary for these functions, including your name, contact details, booking details, payment tokens, and access credentials. Jaybird does not control these providers and, except where prohibited by law, the Protected Parties are not responsible for their acts, omissions, outages, data handling, pricing, or changes in service. Card data is handled by the processor; Jaybird does not store full card numbers.

Where a provider’s terms conflict with these Terms as between you and that provider, that provider’s terms govern your relationship with it. Nothing in this Section makes any provider a beneficiary of, or a party to, these Terms.

27. Disclaimer of warranties

Services, Facilities, Devices, and the Portal are provided “as is” and “as available.” To the fullest extent permitted by law, Jaybird and the Protected Parties disclaim all warranties, express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, Jaybird does not warrant that:

• Any Device, bay, instructor, or booking slot will be available at any particular time
• Devices will be free of defects, downtime, software faults, or scenery, weather, or avionics inaccuracies
• The Portal will be uninterrupted, secure, timely, or error-free, or that data will not be lost
• Any training will produce a particular result, certificate, rating, endorsement, currency, or proficiency outcome
• Any activity will be creditable toward an FAA requirement or acceptable to any examiner, employer, insurer, or regulator

Some jurisdictions do not allow certain disclaimers; in those jurisdictions this Section applies to the maximum extent allowed.

28. Limitation of liability

To the fullest extent permitted by Arizona law, Jaybird’s and the Protected Parties’ aggregate liability arising from or relating to these Terms, the Policies, the Facilities, the Devices, or your use of Services — whether in contract, tort, negligence, strict liability, statute, or any other theory — shall not exceed the greater of (a) amounts you paid Jaybird in the three (3) months preceding the event giving rise to the claim, or (b) US$500.

The Protected Parties will have no liability for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunity, lost data, loss of goodwill, cost of substitute services, loss of flight privileges, loss of currency, failed checkrides, missed employment or training opportunities, or travel and lodging costs, even if advised of the possibility.

These limitations apply to every claim, are an essential basis of the bargain without which Jaybird would not offer the Services at these prices, and survive any failure of essential purpose of any limited remedy. They do not limit liability that cannot be limited under Arizona law, including liability for gross negligence or willful misconduct as finally determined by a court of competent jurisdiction. Some jurisdictions do not allow certain limitations; in those cases our limitations apply to the maximum extent allowed.

29. Indemnification

You will defend, indemnify, and hold harmless the Protected Parties from and against all third-party claims, demands, actions, investigations, damages, losses, penalties, fines, and expenses (including reasonable attorneys’ fees, expert fees, and costs of investigation) arising from or relating to:

• Your acts or omissions, including your use or misuse of the Facilities, Devices, or Portal
• The acts or omissions of your guests, invitees, minors for whom you are responsible, or authorized users on an entity account
• Your breach of these Terms or any Policy
• Your violation of any law or regulation, including FAA, TSA, export control, sanctions, or privacy laws
• Any inaccuracy in your identity, citizenship, training purpose, session classification, or provider designation
• Your User Content or your infringement of any third-party right
• Damage to Devices, the Facilities, or the property of others caused by you or your guests

Jaybird may assume exclusive control of the defense and settlement of any matter subject to indemnification, at your expense, and you will cooperate. You may not settle any matter in a way that imposes obligations on, or admits fault by, a Protected Party without Jaybird’s prior written consent. This indemnity survives termination.

30. Time limit for claims

To the fullest extent permitted by Arizona law, any claim or cause of action arising out of or relating to these Terms, the Policies, the Facilities, the Devices, or the Services must be filed — in arbitration or, where applicable, in court — within ONE (1) YEAR after the claim accrues, or it is permanently barred.

This Section does not apply where a shortened limitations period is prohibited by law, and does not apply to Jaybird’s claims for amounts you owe, damage to Devices, or injunctive relief.

31. Dispute resolution; binding individual arbitration; class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

31.1 Informal resolution first

Before starting an arbitration or a lawsuit, you agree to send a written Notice of Dispute to support@jaybirdsims.com with the subject line “Notice of Dispute,” describing the dispute, the relief sought, and your account email. Jaybird will send any Notice of Dispute to the email address on your account. The parties will attempt in good faith to resolve the dispute for sixty (60) days after the notice is sent. This informal process is a condition precedent to filing, and the limitations period in Section 30 is tolled while it runs.

31.2 Agreement to arbitrate

If the dispute is not resolved, you and Jaybird agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Policies, your account, your membership, the Facilities, the Devices, the Portal, the Services, marketing, or the relationship between you and Jaybird — including the validity, enforceability, or scope of this Section — will be resolved exclusively by FINAL AND BINDING ARBITRATION on an INDIVIDUAL BASIS, and not in court.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the demand is filed, as modified by this Section. The rules and filing forms are available from the AAA. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

31.3 Seat, procedure, and costs

The arbitration will be seated in Maricopa County, Arizona, and hearings will be held in Maricopa County unless the parties agree otherwise or the AAA rules provide for telephonic, video, or documents-only proceedings, which either party may request. One arbitrator will preside. The arbitrator may award any relief a court could award to that individual claimant, including statutory damages and attorneys’ fees where a statute provides for them, but may not award relief to or against any person who is not a party. Filing, administrative, and arbitrator fees are governed by the AAA Consumer Arbitration Rules; where those rules require Jaybird to pay a portion, Jaybird will pay it. The arbitrator’s award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

31.4 Small-claims carve-out

Either party may instead bring an individual claim in small claims court in Maricopa County, Arizona, so long as the claim remains within that court’s jurisdictional limits and proceeds on an individual, non-class basis. A party filing in small claims court is not in breach of this Section.

31.5 Injunctive-relief carve-out

Notwithstanding this Section, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop (a) actual or threatened infringement, misappropriation, or violation of intellectual property, trade secrets, or confidential information; (b) unauthorized access to, scraping of, or interference with the Portal or Jaybird systems; and (c) violations of access control, door credentials, trespass, or facility security. Seeking such relief does not waive the right to arbitrate any other claim.

31.6 Class action and jury trial waiver

YOU AND JAYBIRD EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. Claims may be brought only in your or Jaybird’s individual capacity. The arbitrator may not consolidate or preside over any form of representative or class proceeding, and may not award relief to anyone other than the individual parties before the arbitrator.

31.7 Severability of the class waiver

If the class action waiver in Section 31.6 is found unenforceable as to any claim or request for relief, then that claim or request for relief is severed from the arbitration and must proceed in the state or federal courts of Maricopa County, Arizona, and all other claims will continue in individual arbitration. If any other portion of this Section 31 is found unenforceable, that portion is severed and the remainder stays in effect. If the entirety of Section 31 is found unenforceable, disputes will be resolved in the courts identified in Section 32, subject to the jury trial waiver above to the extent enforceable.

31.8 Your right to opt out of arbitration

You may opt out of this arbitration agreement (Sections 31.2 through 31.7) within THIRTY (30) DAYS after you first accept these Terms. To opt out, email support@jaybirdsims.com with the subject line “Arbitration Opt-Out” and include your full legal name, the email address on your account, and a clear statement that you are opting out of the arbitration agreement. That is the only way to opt out. Opting out affects only the arbitration and class waiver provisions; every other part of these Terms — including the governing law, venue, limitation of liability, indemnity, and one-year limitations period — remains fully in effect. Opting out will not affect your membership, pricing, or standing with Jaybird in any way.

31.9 Changes to this Section

If Jaybird materially changes this Section 31 after you accept it, you may reject the change by emailing support@jaybirdsims.com within thirty (30) days of the change, in which case the most recently accepted version of this Section applies to disputes that arose before the change.

32. Force majeure

Jaybird is not liable for any delay, interruption, closure, cancellation, or failure to perform caused by events beyond its reasonable control, including:

• Acts of God, fire, flood, monsoon, dust storm, lightning, earthquake, and severe weather
• Extreme heat, heat-related equipment shutdown, and HVAC or cooling failure, which are ordinary operational risks in Arizona
• Electrical utility outage, brownout, power surge, water or sewer failure, and building system failure
• Internet, network, hosting, or vendor outage, including outages at Stripe, Supabase, Vercel, Resend, Twilio, Sentry, Seam/Kwikset, or Google
• Cyberattack, ransomware, denial-of-service, data breach at a vendor, and security incident response
• Equipment failure, projector or motion-base failure, and unavailability of parts due to supply chain disruption or manufacturer discontinuation
• Labor shortage, strike, work stoppage, and instructor or staff unavailability
• Government order, regulatory action, TSA or FAA directive, court order, and public-safety closure
• Epidemic, pandemic, quarantine, and public health emergency
• Landlord action, construction, loss of the lease, or condemnation of the premises
• War, terrorism, civil unrest, riot, and airspace or transportation disruption

During a force majeure event, Jaybird’s obligations are suspended for the duration of the event. Membership time, entitlement hours, and commitment periods are not automatically credited or extended; Jaybird may elect to extend courtesy credits or accommodations in its sole discretion, and doing so once creates no obligation to do so again.

33. Notices

Notices to you are effective when sent to the email address on your account, and are deemed received on the day sent absent a bounce or delivery failure. Jaybird may also give notice by SMS to the number on file, by Portal banner or in-app message, or by posting at the Facilities.

You must keep your email address, mobile number, and mailing address current. Failure to receive a notice because your contact information is out of date, because messages were filtered to spam, or because you unsubscribed from non-transactional email does not affect the notice’s effectiveness.

Notices to Jaybird must be sent to support@jaybirdsims.com, except that a Notice of Dispute under Section 31.1 and an arbitration opt-out under Section 31.8 must use the subject lines specified there. Legal notices may also be delivered in writing to Jaybird Sim Center, 2550 N Thunderbird Cir #132, Mesa, Arizona 85215.

34. Assignment

Jaybird may assign, delegate, or transfer these Terms and any Policy, in whole or in part, without your consent, including to an affiliate or in connection with a merger, acquisition, reorganization, financing, or sale of all or substantially all of its assets or membership base.

You may not assign or transfer these Terms, your account, your membership, your entitlement hours, your credits, or any right or obligation under them, by operation of law or otherwise, without Jaybird’s prior written consent. Any attempted assignment without consent is void. These Terms bind and benefit the parties and their permitted successors and assigns.

35. Third-party beneficiaries

Except as expressly stated in this Section, these Terms create no third-party beneficiary rights.

The Protected Parties are express intended third-party beneficiaries of the release, assumption of risk, disclaimer, limitation of liability, indemnification, arbitration, class waiver, and limitations-period provisions of these Terms, and each of them may enforce those provisions directly against you as if it were a party. No consent from any Protected Party is required to amend or terminate these Terms.

36. Electronic records; changes to these Terms

You consent to conduct business electronically and to receive records, disclosures, and notices electronically as described in the Electronic Communications & E-Sign Consent.

Jaybird may update these Terms and the Policies by posting a revised version, updating the version identifier, and, where appropriate, notifying you by email or Portal notice. Changes are effective on the stated effective date and apply prospectively. Continued use of the Services after the effective date constitutes acceptance, except where prohibited by law and except as provided in Section 31.9 for changes to the arbitration agreement.

If you do not agree to an update, you must stop using the Services and cancel as permitted by your Membership terms. Rejecting an update does not release you from any minimum commitment or amounts already owed.

37. Miscellaneous

37.1 Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and Jaybird.

37.2 No waiver. No failure or delay by Jaybird in exercising any right is a waiver of it, and no single or partial waiver is a continuing waiver of that or any other right. Waivers are effective only if in writing and signed by an authorized Jaybird representative. Accepting a late payment, waiving a fee once, or permitting one exception does not waive strict future performance.

37.3 Cumulative remedies. All rights and remedies are cumulative and in addition to every other right or remedy available at law or in equity.

37.4 Headings; interpretation. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” These Terms will not be construed against the drafter.

37.5 Counterparts; electronic acceptance. Acceptance may occur in counterparts and by electronic means, including click-acceptance, typed signature, and checkbox, each of which is an original.

37.6 Language. These Terms are executed in English, which controls in any translation.

37.7 Recording and monitoring. Jaybird may record video on the premises, log access-control events, and monitor Portal usage for safety, security, billing integrity, and compliance, as described in the Privacy Policy.

37.8 Compliance with facility rules. Posted rules, staff instructions, and safety briefings are part of the Policies and are binding when communicated.

38. Governing law; venue; dispute resolution

These Terms and the Policies are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules, and by applicable federal law, including the Federal Arbitration Act with respect to Section 31.

Subject to the binding individual arbitration agreement in Section 31, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona for any matter not subject to arbitration, including claims severed under Section 31.7 and small-claims matters, and you waive any objection based on personal jurisdiction, venue, or forum non conveniens. Jaybird may seek injunctive relief in any court of competent jurisdiction.

In any action or arbitration to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs to the extent permitted by Arizona law.

39. Severability; entire agreement; survival

If any provision of these Terms is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable and to give maximum effect to the parties’ intent, or if it cannot be so modified, severed; the remaining provisions stay in full force. Severance of a provision in one jurisdiction does not affect its enforceability elsewhere.

These Terms, together with the Policies incorporated by reference, are the entire agreement between you and Jaybird regarding the Services, and supersede all prior or contemporaneous proposals, marketing statements, oral or written communications, and understandings on that subject.

The following survive expiration or termination: payment and collection obligations; the No Refund Policy; equipment damage obligations; compliance recordkeeping; intellectual property, user content, and feedback licences; confidentiality; disclaimers; assumption of risk and release cross-references; limitation of liability; indemnification; the one-year limitations period; arbitration and class waiver; third-party beneficiary rights; notices; and governing law and venue — together with any provision that by its nature should survive.

40. Electronic signature

By checking an acceptance box, clicking a button indicating agreement, typing your full legal name at onboarding or checkout, or otherwise using the Services after these Terms are presented, you sign these Terms electronically. You agree that your electronic signature is the legal equivalent of a handwritten signature and has the same force and effect, under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq. (the “E-SIGN Act”), and the Arizona Electronic Transactions Act, A.R.S. Title 44, Chapter 26.

You confirm that you can access, download, and retain these Terms in electronic form, that you may request a paper copy by emailing support@jaybirdsims.com, and that you may withdraw consent to electronic records as described in the Electronic Communications & E-Sign Consent — though withdrawal may prevent Jaybird from continuing to provide the Services.

Questions: support@jaybirdsims.com