Flightpath Crew App Terms of Use and End User License Agreement

These terms form an agreement between you and Flightpath Charter Airways Inc. ("Flightpath", "Company", "we", "us") about the Flightpath Crew app (the "App"). Before you can use the App, it asks you to accept these terms and the Flightpath Crew App Privacy Policy. The App is only for current employees and contractors of Flightpath and its affiliated companies, and for other people we have authorized ("Authorized Users"). If you are not an Authorized User, do not use the App.

Parts A, B and C together form one agreement. Part A replaces Apple's Standard End User License Agreement, and it prevails over Parts B and C on any matter it covers.

Part A: License agreement (Apple App Store terms)

A1. Acknowledgement

You and Company acknowledge that this agreement is concluded between you and Company only, and not with Apple Inc. ("Apple"). Company, not Apple, is solely responsible for the App and its content. This agreement does not set usage rules for the App that conflict with the Apple Media Services Terms and Conditions in effect on the date you accept it.

A2. Scope of license

Company grants you a limited, non-exclusive, non-transferable, revocable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing. You may use the App only for Flightpath work purposes. You may not rent, lease, lend, sell, redistribute or sublicense the App. Except where applicable law permits it despite this restriction, you may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part of it.

A3. Maintenance and support

Company is solely responsible for providing maintenance and support for the App, as described in this agreement or as required by applicable law. For help, tap Account → Help & support in the App, or email crewapp@flightpathair.com. You and Company acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services for the App.

A4. Warranty

Company is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Company is solely responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

A5. Product claims

You and Company acknowledge that Company, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including:

• (a) product liability claims;
• (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
• (c) claims arising under consumer protection, privacy or similar legislation.

This agreement does not limit Company's liability to you beyond what is permitted by applicable law.

A6. Intellectual property rights

If a third party claims that the App, or your possession and use of the App, infringes that third party's intellectual property rights, Company, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

A7. Legal compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

A8. Developer name and address

Direct any questions, complaints or claims about the App to:
Flightpath Charter Airways Inc., 260 Holiday Inn Drive, Unit 34, Cambridge, Ontario N3C 4E8, Canada
Phone: 1-866-640-9712 · Email: legal@flightpathair.com

A9. Third-party terms of agreement

When using the App, you must comply with applicable third-party terms of agreement, such as your wireless data service agreement.

A10. Third-party beneficiary

You and Company acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this agreement. Once you accept this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary.

Part B: Terms for using the App at work

These terms apply in addition to your employment or contractor agreement and Flightpath's workplace policies, including the corporate card and expense policies. If they conflict, your employment or contractor agreement and those policies prevail, except that Part A always prevails on the matters it covers.

B1. Eligibility and your account

You may use the App only while you are an Authorized User. You may create an account yourself if you hold a Flightpath corporate card, or Flightpath may invite you. Your account is personal:

• keep your password private, and do not let anyone else use your account or your device while you are signed in;
• if you turn on Face ID or Touch ID, make sure only your own biometrics are enrolled on the device; and
• tell us at once if you think someone else has used your account.

B2. Accurate expenses

The App is used to account for company money. When you submit an expense, receipt, reimbursement or per diem, you confirm that:

• it is genuine, accurate and complete;
• it was incurred for Flightpath business, under Flightpath's policies; and
• any receipt is an unaltered copy of the original.

The App suggests trips, categories and vendors and, if you allow it, reads receipts automatically. You remain responsible for checking those details before you submit. Submitting false or altered information may lead to discipline under your employment or contractor agreement, and may have legal consequences.

B3. Acceptable use

Use the App only for Flightpath business, and only as your role and the App's features allow. You must not:

• access data, features or accounts you are not authorized to use;
• bypass, probe or test the App's security controls, or introduce malicious code;
• use bots, scrapers or other automated tools on the App without Flightpath's written approval;
• upload content that is unlawful, harassing or discriminatory, or that you have no right to share; or
• use the App for personal gain or for any other business.

B4. Confidentiality

Information in the App is Flightpath confidential information ("Company Data"). This includes card, financial, customer, trip, aircraft and employee information. You must:

• use Company Data only for your job;
• share it only with people who are authorized to receive it;
• not copy, export or store it outside approved Flightpath systems, except through the App's own features, such as saving a receipt you captured; and
• keep these duties after you stop using the App or leave Flightpath.

Company Data, and records created in the App for Flightpath, belong to Flightpath. Nothing in this agreement changes your rights over your own personal information.

B5. Your device

• Keep your device's operating system up to date, and protect the device with a passcode, Face ID or Touch ID.
• Do not use the App on a jailbroken or rooted device.
• If your device is lost or stolen, report it within 24 hours to crewapp@flightpathair.com, so we can end your sessions.

Flightpath does not install device-management software through the App. It cannot see, change or erase anything else on your device.

B6. Activity record and privacy

To keep accurate financial records and protect security, the App keeps an activity record (audit trail) of actions on expenses, reimbursements, receipts and card assignments: who did what, and when. Our servers also keep records of requests to them. The App does not track your location, record your screen or keystrokes, or access other apps or personal files on your device. The Privacy Policy explains what we collect, how long we keep it, who we share it with, and your rights. This includes the optional automated reading of receipts by Microsoft Azure AI Document Intelligence.

B7. Notifications and text messages

The App can send push notifications about expenses that need your attention. Text-message reminders are optional, and you choose them separately. Message and data rates may apply, and message frequency varies with your expense activity. Reply STOP to any message to opt out, or HELP for help. Turning reminders off does not change any duty you have under Flightpath's expense policy.

B8. Reporting incidents

Report any security incident, suspected data breach or misuse of the App to crewapp@flightpathair.com as soon as you become aware of it, and no later than 24 hours after.

B9. Account deletion, suspension and termination

You can delete your account at any time in the App (Account → Delete account). The Privacy Policy explains what is deleted and what Flightpath must keep as financial records. Deleting your account does not end your employment or engagement, and it does not cancel a corporate card.

Your access ends when your employment or engagement ends, or when Flightpath withdraws your authorization. We may also suspend or end your access sooner if you breach this agreement, or if security or legal reasons require it. When your access ends:

• your license under Part A ends;
• your sessions stop working; and
• you must delete the App, and any Company Data you saved outside it, from your devices.

Part C: General terms

C1. Ownership

The App and its software, design and content are owned by Flightpath or its licensors, and are protected by Canadian and international intellectual property laws. We reserve all rights not expressly granted in Part A.

C2. Connected services

The App works with services run by other companies, including Airwallex (corporate cards), Intuit QuickBooks Online (accounting), JetInsight (flight operations) and Microsoft Azure (hosting and receipt reading). Those companies are responsible for their own services. Information shown in the App comes partly from them, and may sometimes be delayed or incomplete. Check important details before you rely on them.

C3. Disclaimer

Subject to section A4, and to the maximum extent permitted by law, the App is provided "as is" and "as available". We do not promise that it will be uninterrupted or error-free. We may update, suspend or discontinue features at any time.

C4. Limitation of liability

To the maximum extent permitted by law, Flightpath is not liable for indirect, incidental, special or consequential damages arising from your use of the App. Nothing in this agreement excludes or limits any liability that cannot be excluded or limited under applicable law.

C5. Changes to these terms

We may update these terms. We will tell you in the App before a material change takes effect, and we will ask you to accept the new version before you continue using the App.

C6. Governing law

This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Subject to any mandatory rights you have under the law where you live or work, the courts of Ontario have jurisdiction over disputes about the App. Employment-related matters remain governed by your employment or contractor agreement.

C7. General

If any part of this agreement is unenforceable, the rest remains in effect. Our failure to enforce a term is not a waiver of it. This agreement, together with your employment or contractor agreement, Flightpath's policies and the Privacy Policy, is the entire agreement about the App. You may not assign this agreement. We may assign it to an affiliate or to a successor of our business.

C8. Contact

For questions about these terms or the App, use Account → Help & support in the App, email legal@flightpathair.com or call 1-866-640-9712. Apple-related questions or claims go to the contact in section A8.