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Legal

Terms of Service

These Terms govern your access to and use of AVXact — the platform, the website, and the mobile app. By creating an account or using AVXact, you agree to them.

Effective Date: July 1, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you and AVXACT, LLC, a Delaware limited liability company ("AVXact," "we," "us," or "our"). They apply to your access to and use of the AVXact website, mobile applications, and related services (together, the "Service"). By creating an account, browsing listings, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract to use the Service. By using AVXact, you represent that you meet these requirements and that any information you provide during registration is accurate and current.

3. Accounts & Roles

AVXact accounts operate under one of several roles — buyer, broker, retail seller, or administrator — each with different capabilities within the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Certain account types require two-factor authentication using a time-based one-time password (TOTP) app. You agree to keep your backup codes secure and to notify us promptly at legal@avxact.com if you suspect unauthorized access to your account.

4. The AVXact Marketplace

AVXact operates a marketplace where sellers list aircraft and buyers browse and inquire about those listings. AVXact is the operator of that marketplace — it is not a party to, broker of, or agent in any transaction between a buyer and a seller, and it does not take title to, inspect, or guarantee any aircraft listed on the Service. Any transaction you enter into with another user is solely between you and that user.

5. Listings & Content

All specifications, history, photographs, and other data appearing in a listing are supplied by the seller or the seller's representatives. Sellers are solely responsible for the accuracy and completeness of the content they submit.

AVXact reviews listings before publication for completeness and internal consistency — see What is Verified by AVXact for the precise scope of that review. Verification does not confirm the physical condition of an aircraft, the accuracy of its records, or any fact a seller has submitted.

You may not submit content that is false, misleading, infringing, or that you do not have the right to post.

6. Off-Market Access

Some listings are designated off-market and are only visible to buyers who have been granted access by the listing broker. If you are granted off-market access, you agree to keep the information you view confidential and to use it solely to evaluate a potential transaction. Tail numbers and serial numbers shown in off-market listings are sensitive identifying information and may not be redistributed.

7. Fees

AVXact does not currently process payments or charge transaction fees through the Service. If that changes, we will update these Terms and provide notice before any fees apply to your account.

8. Prohibited Conduct

You agree not to: violate any law in connection with the Service; misrepresent your identity or affiliation; scrape, reverse-engineer, or interfere with the Service's normal operation; attempt to bypass verification, off-market access controls, or account security; or use the Service to harass another user.

9. Intellectual Property

The AVXact name, logo, and the Service's design, software, and underlying technology are owned by AVXact or its licensors and protected by intellectual property law. Sellers retain ownership of the listing content they submit and grant AVXact a license to display it on the Service for the purpose of operating the marketplace.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AVXact makes no warranty as to the accuracy, completeness, or reliability of any listing content, which originates entirely with sellers. Buyers are solely responsible for their own inspection and due diligence before relying on any listing or completing any transaction.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVXACT AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE SERVICE OR ANY TRANSACTION WITH ANOTHER USER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify and hold AVXact harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising from your use of the Service, your listing content, your violation of these Terms, or your transaction with another user.

14. Termination & Suspension

We may suspend or terminate your account if you violate these Terms or if we reasonably believe your conduct poses a risk to the Service or its users. You may stop using the Service and request deletion of your account at any time.

15. Dispute Resolution — Binding Arbitration & Class Action Waiver

Please read this section carefully — it affects your legal rights. Except for disputes eligible for small-claims court, you and AVXact agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitrator, not any court, has exclusive authority to resolve disputes about the interpretation or enforceability of this arbitration provision.

Class action waiver. You and AVXact agree to bring claims only in your or its individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

Fees. AVXact will pay the AAA filing fees for any arbitration you initiate as a consumer, and each side bears its own attorneys' fees unless the arbitrator awards them under applicable law.

30-day opt-out. You may opt out of this arbitration provision by emailing legal@avxact.com with your name and account email within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

If any part of this arbitration provision is found unenforceable, the remainder continues to apply, and any dispute not subject to arbitration will be resolved in the courts described in the Governing Law & Venue section below.

16. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. For any dispute not subject to arbitration, the state and federal courts located in Delaware have exclusive jurisdiction, and you consent to their personal jurisdiction.

17. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will update the Effective Date above and, where appropriate, notify you directly. Continuing to use the Service after a change takes effect means you accept the updated Terms.

18. Contact

Questions about these Terms can be sent to legal@avxact.com.

19. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and AVXact regarding the Service.