Terms of Service
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Sky Brief Terms of Service

Aviation Data Disclaimer, Release of Liability, Risk Allocation, and Catastrophic Loss Provisions

Effective Date: 2/13/2026

These provisions form part of the Sky Brief Terms of Service (“Agreement”) and govern all access to and use of the Sky Brief website, applications, APIs, integrations, software, and related services (collectively, the “Platform”).

By accessing or using the Platform, you agree to be bound by this Agreement.

1. Nature of the Platform

Sky Brief provides digital aviation planning tools, including but not limited to:

  • Aircraft performance calculations
  • Weight and balance calculations
  • Fuel planning tools
  • User-generated and shared checklists
  • Weather data displays (including METARs, TAFs, radar imagery, model forecasts, winds aloft, and graphical weather products)
  • NOTAM displays and summaries
  • Airport, runway, and facility data
  • Navigation data (including navaids, fixes, airways, SIDs, STARs, approaches, and AIRAC-based datasets)
  • Imported or shared user content
  • Third-party aviation data integrations

The Platform is a supplemental planning aid only.

Sky Brief is not:

  • An air carrier
  • A dispatcher
  • A flight service station
  • A weather authority
  • A chart publisher
  • A certified navigation database provider
  • An aircraft manufacturer
  • A regulatory authority

2. No Official or Approved Source

The Platform is not:

  • An FAA-approved weather briefing source
  • An official NOTAM dissemination system
  • A certified or approved navigation database
  • An FAA-approved EFB or dispatch release system
  • An approved substitute for POH/AFM performance data
  • An operational control system under Part 135

You must consult official and approved sources before flight.

3. Regulatory Responsibility (Including FAR References)

Under 14 CFR § 91.103, each Pilot in Command must become familiar with all available information concerning the flight, including weather reports and forecasts, fuel requirements, alternatives, and known traffic delays.

Under 14 CFR § 91.7, the Pilot in Command is responsible for determining that the aircraft is in condition for safe flight.

Under 14 CFR § 91.3, the Pilot in Command is directly responsible for, and is the final authority as to, the operation of the aircraft.

Nothing within the Platform transfers, reduces, modifies, or satisfies these regulatory responsibilities.

For operators under 14 CFR Part 135, operational control, dispatch authority, and regulatory compliance remain exclusively with the certificate holder and authorized personnel. The Platform does not provide operational control or release authority.

4. Data Sources and Limitations

Data displayed or processed by the Platform may:

  • Originate from third-party providers
  • Be subject to latency or transmission delay
  • Be reformatted, parsed, truncated, or summarized
  • Be incomplete or outdated
  • Reflect prior AIRAC cycles
  • Contain errors or omissions
  • Be user-generated or user-modified

Sky Brief does not audit, validate, certify, monitor, or guarantee the:

  • Accuracy
  • Completeness
  • Timeliness
  • Sequencing
  • Regulatory compliance
  • Operational suitability

of any data displayed or calculated.

5. EXPRESS DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE PLATFORM AND ALL DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

SKY BRIEF EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Accuracy of weather data or forecasts
  • Completeness or timeliness of NOTAMs
  • Currency of navigation databases
  • Accuracy of performance or weight and balance calculations
  • Fitness for a particular purpose
  • Merchantability
  • Non-infringement
  • Uninterrupted or error-free operation

No information provided by the Platform creates any warranty not expressly stated herein.

6. Pilot in Command and Operator Responsibility

The Pilot in Command and, where applicable, the Part 135 certificate holder retain sole and exclusive responsibility for:

  • Obtaining official weather briefings
  • Reviewing complete and current NOTAMs
  • Verifying navigation database currency
  • Confirming aircraft performance using approved documentation
  • Verifying weight and balance accuracy
  • Ensuring regulatory compliance
  • Exercising independent aeronautical decision-making

The Platform must never be used as the sole source of operational or safety-critical information.

7. Express Acknowledgment of Catastrophic Aviation Risk

You acknowledge that aviation involves inherent and extraordinary risks, including but not limited to:

  • Aircraft performance miscalculations
  • Fuel miscalculations
  • Navigation errors
  • Weather misinterpretation
  • Incomplete NOTAM review
  • Controlled flight into terrain
  • Loss of control
  • Runway excursions
  • Catastrophic aircraft failure

Such risks may result in:

  • Serious bodily injury
  • Permanent disability
  • Catastrophic property damage
  • Wrongful death

You voluntarily and knowingly assume all such risks associated with use of the Platform.

8. Assumption of Risk

You acknowledge that:

  • Aviation operations involve substantial and potentially fatal risks
  • Data delays, omissions, parsing errors, or formatting issues may occur
  • User-generated or third-party data may be inaccurate

You voluntarily assume all risks arising from reliance on the Platform.

9. Release of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SKY BRIEF AND ITS AFFILIATES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO:

  • Use of the Platform
  • Reliance on weather data
  • Reliance on NOTAM data
  • Reliance on navigation data
  • Reliance on user-generated content
  • Reliance on performance or weight and balance calculations
  • Data latency or transmission errors
  • Failure to update AIRAC cycles
  • Operational decisions made using Platform data

This release applies to claims based on negligence, product liability, strict liability, failure to warn, or any other legal theory permitted by law.

10. Express Waiver of Claims for Bodily Injury and Wrongful Death

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE CLAIMS FOR:

  • Personal injury
  • Bodily injury
  • Catastrophic injury
  • Wrongful death
  • Survival actions
  • Loss of consortium
  • Estate claims

WHETHER ASSERTED BY YOU, YOUR ESTATE, HEIRS, BENEFICIARIES, PASSENGERS, CREW, EMPLOYERS, CERTIFICATE HOLDERS, OR INSURERS.

11. No Operational Control

Sky Brief:

  • Does not dispatch aircraft
  • Does not authorize flights
  • Does not determine airworthiness
  • Does not make go/no-go decisions
  • Does not exercise operational control

Operational control and safety responsibility rest solely with the Pilot in Command and/or certificate holder.

12. No Third-Party Beneficiary Rights

No passenger, crew member, employer, certificate holder, or insurer shall be deemed a third-party beneficiary of this Agreement.

Use of the Platform does not create any duty of care owed by Sky Brief to passengers or third parties.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

SKY BRIEF SHALL NOT BE LIABLE FOR:

  • Loss of life
  • Wrongful death damages
  • Personal injury
  • Property damage
  • Loss of future earnings
  • Loss of support
  • Punitive or exemplary damages
  • Business interruption

TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:

  • The amount paid by you in the preceding twelve (12) months; or
  • One hundred U.S. dollars (USD $100).

14. Indemnification

You agree to defend, indemnify, and hold harmless Sky Brief and its affiliates from any claims, damages, liabilities, losses, or expenses (including attorneys’ fees) arising from:

  • Your use of the Platform
  • Your operational decisions
  • Regulatory violations
  • Claims brought by passengers, crew, employers, certificate holders, or insurers

This obligation survives termination of this Agreement.

15. Severability and Survival

If any provision is found unenforceable, remaining provisions remain in full force and effect.

All disclaimers, releases, indemnification obligations, and liability limitations survive termination.

16. Conspicuous Acknowledgment

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT:

  • YOU HAVE READ THIS AGREEMENT CAREFULLY
  • YOU UNDERSTAND THAT YOU ARE WAIVING SIGNIFICANT LEGAL RIGHTS
  • YOU UNDERSTAND THIS INCLUDES CLAIMS ARISING FROM PERSONAL INJURY OR DEATH
  • YOU AGREE THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE PLATFORM.