Terms of Service

Effective date: April 26, 2026 · Last updated: April 26, 2026

These Terms of Service (the "Terms") are a legally binding agreement between you and No Lodging or Fresh Baked Cookies, Inc., a South Dakota corporation ("Company", "we", "us", or "our"), governing your access to and use of the AirGenDec website at airgendec.com (and any subdomains), the AirGenDec command-line tools, and any related services (collectively, the "Service").

By creating an account, signing in, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service in plain language

AirGenDec is a software tool that helps general-aviation pilots prepare international flight paperwork — for example, generating CBP General Declarations, CARICOM eAPIS spreadsheets, French DGAC PCZSAR escort forms, and Bahamas Customs Click2Clear filings — by combining flight plan data and saved crew/passenger details. The Service may also transmit forms to third-party customs and aviation systems on your behalf when you instruct it to.

2. Pilot-in-command responsibility

The Service is a supplemental tool. It is not a substitute for the judgment, training, currency, or legal responsibility of the pilot in command. You alone are responsible for verifying the accuracy and completeness of every document the Service prepares, ensuring compliance with applicable air-traffic, customs, immigration, security, and regulatory requirements before, during, and after every flight, and making all final operational and legal decisions regarding your flight. Nothing in the Service constitutes legal advice, regulatory guidance, flight-planning advice, or aeronautical decision-making advice.

3. Eligibility and accounts

You must be at least 16 years old and capable of entering into a binding contract to use the Service. By creating an account you represent that the information you provide is accurate, that you will keep it accurate, and that your use of the Service complies with all laws applicable to you.

You are responsible for activity that occurs under your account and for keeping your account credentials confidential. You must notify us promptly of any unauthorized use.

4. Subscriptions, billing, and refunds

The Service offers a free tier (currently five flights per billing cycle) and paid plans, including the Pilot Plan Monthly Unlimited ($15/month, recurring), the Pilot Plan Annual $99 Unlimited Flights ($99/year, recurring), and a per-flight purchase option ($4.99 per flight, one-time). Pricing, plan names, and limits may change; we will give reasonable notice of changes that materially affect existing subscribers.

Recurring billing. Paid plans renew automatically at the end of each billing period at the then-current rate using the payment method on file, unless cancelled before renewal.

Payment processor. Payments are processed by Stripe, Inc. By providing payment information you also agree to Stripe's applicable terms.

Cancellation. You may cancel a paid plan at any time through the customer portal. Cancellation takes effect at the end of the current paid period; you keep access through that period.

Refunds. Subscription fees are non-refundable except where required by applicable law. Per-flight purchases are non-refundable once the associated documents have been generated.

Free tier counter. The free-tier flight counter is monotonic per billing cycle: deleting a flight does not return the slot. Cycles are anchored to the date of your first flight upload.

5. Acceptable use

You may not, and may not permit anyone using your account to:

• Submit false, fraudulent, or impersonating information through the Service, including in customs declarations or eAPIS filings;
• Use the Service for any flight, aircraft, crew, or passenger that violates applicable law (including, without limitation, sanctions, export controls, or unauthorized entry);
• Reverse-engineer, decompile, or attempt to derive the source code of the Service except to the extent expressly permitted by applicable law;
• Probe, scan, or test the vulnerability of the Service or circumvent any security or authentication measure;
• Use the Service to send unsolicited communications, spam, or malware;
• Use automated means to access the Service in a manner that imposes an unreasonable load on infrastructure (note: programmatic use through documented APIs is permitted);
• Resell or sublicense the Service to a third party without our written consent.

We may suspend or terminate accounts that violate these provisions.

6. Your data and your account

You retain ownership of personal information you submit to the Service (crew and passenger details, aircraft data, flight plans). You grant us a limited, non-exclusive, worldwide license to host, store, process, transmit, and display that information solely as needed to operate the Service for you — for example, generating documents from it, transmitting it to a customs authority you have asked us to file with, and displaying it back to you.

You represent that you have authority to provide each person's personal data to the Service (e.g., consent of the crew or passenger where applicable).

Our handling of personal data is described in our Privacy Policy.

7. Third-party services

The Service interacts with third-party systems including Google Sign-In, Stripe, the CARICOM eAPIS portal, the Bahamas Customs Click2Clear ("BESW") portal, U.S. CBP eAPIS, and others. Those services are operated by third parties under their own terms and privacy policies. We are not responsible for the availability, accuracy, content, or behaviour of third-party services, and your use of them through the Service is at your own risk.

8. Intellectual property

The Service, including its software, design, text, graphics, logos, and trademarks, is owned by the Company or our licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-transferable, non-exclusive, revocable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DOCUMENTS GENERATED BY THE SERVICE WILL BE ACCEPTED BY ANY CUSTOMS, IMMIGRATION, OR AVIATION AUTHORITY; OR THAT THE SERVICE WILL MEET ANY REGULATORY REQUIREMENT APPLICABLE TO YOUR FLIGHT. ANY RELIANCE ON THE SERVICE FOR REGULATORY COMPLIANCE IS AT YOUR SOLE RISK.

You acknowledge that aviation regulations, customs requirements, operating hours, fees, and procedures change frequently and may differ from what the Service represents. Always verify with the official authorities before relying on any information produced by the Service.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS) WILL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, exemplary, or punitive damages;
• Lost profits, lost revenue, lost business opportunities, or lost goodwill;
• Loss of, damage to, or unauthorised access to data;
• Customs fines, overtime fees, handling fees, parking fees, fuel uplifts, missed slots, missed flights, or other operational costs;
• Detention, denial of entry, or denial of departure of any person or aircraft;
• Damages arising out of or in connection with the unavailability, error, omission, or rejection of any document, filing, or transmission produced or sent by the Service;
• Damages arising out of any third-party service the Service interacts with (including Google, Stripe, CARICOM, Bahamas Customs, U.S. CBP, French DGAC, or any other authority or processor);

IN ANY CASE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you in full; in that case, our liability is limited to the greatest extent permitted by applicable law.

The limitations in this Section 10 are an essential element of the basis of the bargain between you and the Company; absent them, the fees for the Service would be materially higher.

11. Indemnification

You will defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms or applicable law; (c) information you submit to the Service or transmissions you cause the Service to make; or (d) any flight, filing, or operation undertaken in connection with documents prepared by or data submitted through the Service.

12. Termination

You may terminate your account at any time. We may suspend or terminate your access to the Service for any reason, including violation of these Terms or to comply with law. Upon termination, provisions that by their nature should survive will survive (including ownership, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution).

13. Changes to the Service or these Terms

We may modify the Service or these Terms at any time. If we make material changes to these Terms, we will give reasonable notice (for example, by email or in-app banner) before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, stop using the Service.

14. Governing law and venue

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of South Dakota, USA, without regard to its conflict-of-laws rules. The exclusive venue for any action arising out of or relating to these Terms or the Service will be the state and federal courts located in Minnehaha County, South Dakota, and you and the Company consent to personal jurisdiction and venue in those courts.

15. Force majeure

The Company is not liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, civil disturbance, labour disputes, fires, floods, power outages, internet or telecommunications failures, denial-of-service attacks, governmental action, or the unavailability or malfunction of third-party services on which the Service depends.

16. Severability and entire agreement

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to be enforceable, or if it cannot be so modified, severed from these Terms — and the remaining provisions will remain in full force and effect. These Terms (together with the Privacy Policy and any other policies referenced) constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements.

17. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent; any attempt to do so without consent is void. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

18. Notices

We may give notices to you by email to the address associated with your account, by in-product notification, or by posting on the Service. Notices to the Company should be sent to:

19. Contact

Questions about these Terms? Email airgendec@nolodging.com.