> For the complete documentation index, see [llms.txt](https://docs.flitegrid.io/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://docs.flitegrid.io/legal/terms-and-conditions.md). # Terms and Conditions ***Last Updated: August 28, 2026*** These Terms and Conditions (these "Terms") govern your use of the website(s) made available by SkySafe, Inc. and/or SkySafe Networks LLC (collectively, "SkySafe", "we", "us", "our") including skysafe.io and FliteGrid.io (collectively, the "Sites") and your participation in the FliteGrid sensor hosting program (the "Program"), including your claim of one or more hexes, your hosting of FliteGrid sensor hardware provided by SkySafe (the "Equipment"), and your receipt of payments and rewards under the Program. By accessing, browsing, or interacting with the Sites, claiming a hex, paying a deposit, or hosting Equipment, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and should not participate in the Program. These Terms apply only to the Sites and the Program. They do not apply to SkySafe's enterprise products, software, or services, which are governed by separate agreements. Participation in the Program is currently limited to persons located in the United States. Equipment may only be deployed within the United States. IF YOU ARE ENTERING INTO THESE TERMS AS AN INDIVIDUAL: PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SKYSAFE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. ## The Program **Overview:** Under the Program, you may claim one or more geographic hexagonal cells designated by SkySafe (each, a "Hex") through the coverage map on the Sites. SkySafe will provide you with Equipment to install and operate at a location within your claimed Hex. SkySafe retains ownership of the Equipment at all times. In exchange for hosting the Equipment in accordance with these Terms, you are eligible to receive the payments described in the "Hosting Payments" section below for Hexes that SkySafe has designated as eligible for payment ("Eligible Hexes"). **Eligibility:** To participate in the Program, you must (i) be at least 18 years of age, (ii) be located in the United States, (iii) maintain an accurate FliteGrid account, and (iv) have the legal right and authority to install and operate the Equipment at your chosen deployment location. You represent and warrant that all information you provide to SkySafe in connection with the Program is true, complete, and accurate, and that you will promptly update it as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. **Site Authority:** You represent and warrant that you own the deployment location or have obtained all permissions and consents necessary to install and operate the Equipment there, including any required consent of the property owner, landlord, or homeowners' association, and that your installation and operation of the Equipment will comply with all applicable laws, regulations, codes, covenants, and rules applicable to the deployment location. ## Hex Claims and Deposits **Claims:** Hexes are claimed on a first-come, first-served basis through the Sites. Each Hex may be claimed by only one participant at a time. SkySafe reserves the right to decline, cancel, or reassign any claim at any time, including for suspected fraud, inaccurate account information, or operational reasons; if SkySafe cancels your claim before Equipment ships, your deposit will be refunded in full. **Deposit:** Each Hex claim requires a refundable deposit of $100 (the "Deposit"), charged at the time of claim. The Deposit is not a purchase price and does not convey any ownership interest in the Equipment. The Deposit is refundable as described in the "Term; Termination; Equipment Return" section below. **Shipping:** You are responsible for shipping charges for the Equipment. Charges for the initial shipment will be charged to your payment method at the time of shipment. Return shipping is at your expense, as described in the "Term; Termination; Equipment Return" section below. **Deployment Window:** Following shipment of your Equipment, you must install and activate it within thirty (30) days. If you do not, your claim on the Hex may be released and the Hex made available to other participants. If your claim is released, you may return the Equipment for a refund of your Deposit, or contact SkySafe regarding deployment in another available Hex. ## Equipment **Ownership:** The Equipment is and remains the sole property of SkySafe. You receive only a limited, revocable, non-transferable right to possess and operate the Equipment at your deployment location for purposes of participating in the Program. You may not sell, lease, lend, pledge, encumber, or otherwise transfer the Equipment or any interest in it, and you agree not to permit any lien to attach to the Equipment. **Care and Use:** You agree to exercise reasonable care in the installation, operation, and safekeeping of the Equipment; to install and operate it in accordance with SkySafe's instructions and documentation; not to open, disassemble, modify, tamper with, reverse engineer, or attempt to extract software or cryptographic material from the Equipment; and not to move the Equipment from its activated deployment location without SkySafe's prior consent. **Maintenance; Remote Management:** SkySafe is responsible for maintaining the Equipment, including firmware updates and cellular connectivity, and will repair or replace Equipment that fails in ordinary use at no cost to you. You acknowledge that SkySafe may remotely access, update, configure, suspend, or disable the Equipment at any time. **Loss or Damage:** You agree to promptly notify SkySafe if the Equipment is lost, stolen, damaged, or destroyed. Except where caused by your gross negligence, willful misconduct, or breach of these Terms, your sole financial responsibility for Equipment that is lost, stolen, destroyed, or not returned is forfeiture of your Deposit as described below. ## Hosting Payments **Payment Amount:** For each Eligible Hex in which your Equipment is deployed and activated, SkySafe will pay you $50 USDC per Qualifying Month (as defined below) (the "Hosting Payment"). Hexes that are not Eligible Hexes do not accrue Hosting Payments. **Qualifying Month:** A "Qualifying Month" is a full calendar month, beginning with the first full calendar month following activation of your Equipment, during which your Equipment was online and transmitting data for at least 95% of the month. Downtime attributable to SkySafe or its providers, including cloud platform outages, firmware updates initiated by SkySafe, Equipment hardware failure, and cellular network unavailability ("Excused Downtime"), is excluded from the calculation and treated as time online. A month that does not meet the 95% threshold (after excluding Excused Downtime) is not a Qualifying Month and does not accrue a Hosting Payment, in whole or in part. **Payment Timing and Method:** Hosting Payments are remitted following the close of each calendar month, in USDC, to the digital wallet address associated with your FliteGrid account. You are solely responsible for providing and maintaining a valid wallet address capable of receiving USDC and for the security of your wallet. Payment to the wallet address associated with your account fully discharges SkySafe's payment obligation, and SkySafe is not responsible for losses resulting from inaccurate wallet information or compromise of your wallet. SkySafe may make payments through third-party payment providers. If payment in USDC becomes impracticable, restricted, or unlawful, SkySafe may instead pay the equivalent amount in US dollars by other commercially reasonable means. **Payment Conditions:** Hosting Payments are conditioned on (i) your compliance with these Terms, (ii) receipt of the tax documentation described below, and (iii) a valid wallet address on your account. SkySafe may withhold or offset payments where required by law or where it reasonably suspects fraud, gaming of the Program, or breach of these Terms. **Program Changes:** SkySafe may modify the Program, including Hosting Payment amounts, uptime requirements, and Hex eligibility criteria, on a prospective basis by providing at least thirty (30) days' notice through the Sites or to your account contact information. Changes will not reduce amounts already accrued for completed Qualifying Months. If you do not agree to a change, your remedy is to terminate your participation and return the Equipment for a refund of your Deposit. ## Taxes and Information Reporting Hosting Payments, Referral Payments, and any other amounts paid to you under the Program are reportable income. Before your first payment, you must provide a completed IRS Form W-9 (or such other tax documentation as SkySafe reasonably requests). SkySafe may report payments to tax authorities as required by law, including on IRS Form 1099, valued in US dollars, and may withhold from payments where required by law (including backup withholding). You are solely responsible for all taxes on amounts you receive under the Program. You are an independent participant in the Program, and nothing in these Terms creates an employment, agency, or contractor relationship for the performance of services. ## Hex Eligibility SkySafe determines which Hexes are Eligible Hexes in its sole discretion, based on factors including customer demand, airspace priorities, and regulatory requirements. Hex eligibility may change over time. If a Hex in which your Equipment is actively deployed ceases to be an Eligible Hex, SkySafe will provide at least thirty (30) days' notice before Hosting Payments for that Hex end. Following such notice, you may continue hosting the Equipment without payment, contact SkySafe regarding redeployment to another available Eligible Hex, or terminate your participation and return the Equipment for a refund of your Deposit. ## Rewards In addition to Hosting Payments, you may accrue rewards points ("Rewards") in connection with your participation in the Program. Rewards are issued and tracked by SkySafe. Rewards have no cash value, do not represent any form of currency, security, or tangible asset, cannot be sold, traded, or exchanged for any currency or financial benefit, and are otherwise non-transferable. Earning Rewards does not entitle you to any future Rewards, payments, tokens, or other incentives, and any references to potential future uses of Rewards are purely illustrative and subject to change in our sole discretion. By participating in the Program, you acknowledge and agree that SkySafe is not responsible for any unauthorized use, fraud, or misrepresentation related to Rewards. SkySafe may discontinue Rewards or amend the terms governing Rewards at any time, in its sole discretion. Should Rewards be discontinued or terminated, you agree and acknowledge that any Rewards you have accumulated may be removed and/or erased. Further, any Rewards you have accrued may be removed and/or erased upon our determination, in our sole discretion, that you are attempting to transfer or sell Rewards or are using Rewards other than in compliance with these Terms. ## Referral Program SkySafe may issue referral codes to persons who register for the FliteGrid referral program. If a new Program participant enters your referral code when claiming their first Hex, then for each Hex claimed by that participant, SkySafe will pay you $50 USDC (a "Referral Payment") after the Equipment deployed in that Hex completes its first Qualifying Month for which a Hosting Payment is made to that participant. This applies to each Hex the referred participant claims, including Hexes claimed after their initial claim. Referral Payments are remitted in the same manner and subject to the same tax documentation and wallet requirements as Hosting Payments. One Referral Payment is available per Hex; a Hex that is released, reassigned, or re-claimed does not generate an additional Referral Payment. Self-referrals, referrals of accounts you control, and referrals obtained through spam, misrepresentation, or paid advertising that violates SkySafe's guidelines are not eligible. SkySafe may withhold Referral Payments it reasonably suspects are fraudulent or non-compliant, and may modify or discontinue the referral program prospectively at any time. ## Term; Termination; Equipment Return **Term:** These Terms apply from your first acceptance and continue until your participation in the Program is terminated. **Termination by You:** You may terminate your participation at any time by notifying SkySafe at and returning the Equipment as described below. **Termination by SkySafe:** SkySafe may terminate your participation, or suspend your account and any pending payments, at any time upon notice, including for breach of these Terms, suspected fraud or gaming of the Program, or discontinuation of all or part of the Program. **Effect of Termination:** Upon termination, your right to possess the Equipment ends and Hosting Payments cease to accrue. Amounts accrued for completed Qualifying Months prior to termination remain payable, except where termination results from your fraud or material breach. **Equipment Return and Deposit Refund:** Within thirty (30) days following termination (or a released claim), you must return the Equipment to SkySafe, at your expense, in accordance with SkySafe's return instructions, including all components provided to you. Your Deposit will be refunded in full following SkySafe's receipt of the returned Equipment, to your original payment method where practicable. If you fail to return the Equipment within such period, your Deposit will be forfeited. ## Payment Processing for Deposits Notwithstanding any amounts owed to SkySafe hereunder, SKYSAFE DOES NOT PROCESS PAYMENT IN CONNECTION WITH DEPOSITS OR SHIPPING CHARGES. To facilitate payment of Deposits and shipping charges, we use third-party payment processors (collectively, "Payment Processors"). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor's terms and conditions, privacy policy, and all other relevant agreements (collectively, the "Payment Processor Agreements"). By agreeing to these Terms and paying a Deposit or shipping charge, you also agree to be bound by the applicable Payment Processor Agreement for the payment function you are using, as the same may be modified by the applicable Payment Processor from time to time. You represent and warrant that any payment information you provide is true and that you are authorized to use the payment instrument provided. SkySafe assumes no liability or responsibility for any payment made through a Payment Processor. ## Warranties and Disclaimer SkySafe will maintain the Equipment and repair or replace Equipment that fails in ordinary use, as described in the "Equipment" section above. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS: (A) THE PROGRAM, THE SITES, AND THE EQUIPMENT ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (B) THE PROGRAM, THE SITES, AND THE EQUIPMENT ARE EXPRESSLY PROVIDED TO YOU "AS IS"; (C) SKYSAFE DOES NOT WARRANT THAT THE OPERATION OF THE EQUIPMENT, THE SITES, OR THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE; AND (D) SKYSAFE DOES NOT GUARANTEE ANY MINIMUM DURATION OF THE PROGRAM, ANY MINIMUM NUMBER OF ELIGIBLE HEXES, OR ANY PARTICULAR AMOUNT OF PAYMENTS OR REWARDS BEYOND AMOUNTS ACCRUED FOR COMPLETED QUALIFYING MONTHS IN ACCORDANCE WITH THESE TERMS. THESE TERMS STATE YOUR SOLE AND EXCLUSIVE REMEDIES. ## Indemnification You will defend, indemnify and hold harmless SkySafe and its officers, directors, employees, permitted successors, agents and representatives from and against any liability, claim, demand, action, suit, proceeding, loss, damage or expense (including court costs and reasonable attorneys' fees) arising out of or relating to (i) your installation, operation, or hosting of the Equipment, including any injury to persons or damage to property arising out of your negligence or wrongful act, error or omission, (ii) your breach of these Terms, including the site authority representations above, or (iii) your violation of applicable law. ## Limitation of Liability TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT SKYSAFE WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (A) SKYSAFE'S AGGREGATE LIABILITY (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY) WILL IN NO CIRCUMSTANCES EXCEED THE GREATER OF (I) THE AMOUNT OF YOUR DEPOSIT AND (II) THE AMOUNTS PAID OR PAYABLE TO YOU UNDER THE PROGRAM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (B) IN NO EVENT WILL SKYSAFE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER, OR DAMAGES RESULTING FROM LOST DATA (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY). SOME STATES, COUNTRIES AND PROVINCES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION AND RETURN THE EQUIPMENT. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "WARRANTIES AND DISCLAIMER" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. ## Firmware Subject to the terms and conditions of these Terms, to the extent any SkySafe software is embedded in Equipment as provided by SkySafe to you hereunder, such software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms. You may request a copy of such license terms by emailing . If required by any license for particular open source software, SkySafe makes such open source software, and SkySafe's modifications to that open source software (if any), available by written request to . Copyrights to the open source software are held by the respective copyright holders indicated therein. ## Compliance with Law; Export Control You will comply with all applicable laws, regulations and ordinances in connection with your participation in the Program. You will not export, re-export, release, or transfer the Equipment outside the United States, whether directly or indirectly, and you will comply with all applicable export laws, including the U.S. Export Administration Regulations and the trade and economic sanctions maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control. By participating in the Program, you represent and warrant that: (i) you are not located in a country or territory that is subject to a U.S. Government export embargo, or that has been sanctioned by the Office of Foreign Assets Control, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will not use the Equipment for any prohibited end use. ## Dispute Resolution by Binding Arbitration - For Users Entering into these Terms as Individuals **PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.** **A. Agreement to Arbitrate**\ This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” If you are entering into these Terms as an individual (as opposed to on behalf of an entity), you agree that any and all disputes or claims that have arisen or may arise between you and SkySafe, whether arising out of or relating to these Terms (including any alleged breach thereof), any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and SkySafe are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. \ **B. Prohibition of Class and Representative Actions and Non-Individualized Relief** YOU AND SKYSAFE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SKYSAFE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. **C. Pre-Arbitration Dispute Resolution**\ SkySafe is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at . If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to SkySafe should be sent to 9630 Aero Drive, San Diego, CA 92123(“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If SkySafe and you do not resolve the claim within 60 calendar days after the Notice is received, you or SkySafe may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SkySafe or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SkySafe is entitled. **D. Arbitration Procedures** Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, . Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, . If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless SkySafe and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, SkySafe agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. **E. Costs of Arbitration** Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, SkySafe will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, SkySafe will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, SkySafe will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules. **F. Confidentiality** All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. **G. Severability** If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (B) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (B) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply. **H. Future Changes to Arbitration Agreement** Notwithstanding any provision in these Terms to the contrary, SkySafe agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) after your purchase of the Products, you may reject any such change by sending SkySafe written notice within 30 calendar days of the change to the Notice Address provided above. If you reject a future change, the version of this Arbitration Agreement that applied on the date you accepted these Terms in connection with your purchase (or the date you accepted any subsequent change to these Terms) will continue to govern the resolution of any dispute between you and SkySafe. ## Dispute Resolution By Binding Arbitration – For Users Entering into these Terms on behalf of an Entity You and SkySafe intend that these Terms are to be construed and enforced in accordance with the laws of the State of California without regard to any conflict-of-law or choice-of-law rules, and that the rule of construction that provides that a document is construed against the maker thereof be inapplicable in the construction of any of the terms of these Terms.  Any dispute, claim, or controversy arising out of or relating in any way to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined through confidential binding arbitration located within San Diego, California before one arbitrator. The confidential binding arbitration shall be administered by AAA pursuant to its Commercial Arbitration Rules, and you and SkySafe shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing.  Judgment on the award may be entered in any court having jurisdiction. ## Miscellaneous SkySafe will have no liability under these Terms for SkySafe’s failure or delay in performing any of the obligations imposed by the Terms to the extent such failure or delay is the result of any event beyond SkySafe’s control. In the event that any provision of these Terms are found to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and the remainder will continue in effect, to the extent consistent with the intent of the parties as of the effective date of this Agreement. These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and SkySafe submit to the personal and exclusive jurisdiction of the state and federal courts located within San Diego, California. Nothing in these Terms will be construed to place the parties hereto in an agency, employment, franchise, joint venture, or partnership relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties. Neither party will represent to the contrary, either expressly, implicitly or otherwise. You may not assign or transfer these Terms in whole or in part, without the prior written consent of SkySafe. Any attempted assignment, delegation or transfer by you in violation hereof will be null and void. Subject to the foregoing, these Terms will be binding on the parties and their successors and assigns. Failure by either party to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. ## Questions or Suggestions Please contact us at to report any violations of these Terms or to pose any questions regarding these Terms.