Terms of service
The terms for the True North website, live demo, store, and software.
Contents
1. Who we are and what these terms cover
These Terms of Service ("Terms") are an agreement between True North LMS LLC, a Texas limited liability company ("True North", "we", "us"), and you. If you use our services for an organization, "you" means that organization, and you confirm you are authorized to accept these Terms for it.
These Terms cover:
- the website at www.truenorthlms.com (the "Website");
- the live demo at demo.truenorthlms.com (the "Demo");
- forms kits, workbooks, and other files sold in our store ("Store Products"); and
- the True North training records software, whether you run it yourself or we host it for you (the "Software").
Use of the Software is also governed by the Software License and by any order, quote, or agreement we sign with you (an "Order"). If an Order conflicts with these Terms, the Order controls.
2. The Website and the Demo
You may use the Website and the Demo to learn about and evaluate True North. The Demo opens only with an access code we give you. Each code opens a private copy of a fictional station for the person we gave it to; do not share the code. The copy is deleted after the code ends and may be reset at any time, so enter made up information only and never personal, customer, or export controlled data. You must not try to break, overload, or gain access beyond what the Demo gives you, or use it to attack or test other systems.
3. Store Products
- Payment. Store purchases are paid through Stripe's checkout. Prices are in US dollars and are shown on the store page at the time of purchase. You are responsible for any taxes that apply to your purchase.
- Delivery. Files are delivered electronically after payment, by download page or by email to the address you entered at checkout.
- License. Each purchase grants your organization a non exclusive, non transferable license (a "site license") to use the files at one location of your organization. You may fill in, print, and change the files for your own work at that location, including replacing the logo and changing form numbers and titles. You may not resell, share, sublicense, or publish the files, or include them in another product or template collection. We keep all rights not granted to you.
- All sales are final. Because files are delivered instantly and cannot be returned, purchases are not refundable, except where the law requires a refund. If a file is damaged or will not open, write to us and we will send a working copy.
- Your responsibility. The files are templates. Your organization decides how they fit its manuals and procedures and is responsible for its own records and for meeting the requirements that apply to it, including 14 CFR Part 145 where it holds a repair station certificate. Buying a Store Product does not make a program FAA approved or accepted.
4. The Software
- Subscriptions. The Software is offered by subscription for the stations, term, and fees stated in your Order. Fees are billed in advance for each billing period and are not refundable for a partial period, unless your Order says otherwise.
- Plan size. Each plan is sized for the stations it is meant for, with the number of people per station stated on the pricing page at the time of your Order. A station that grows past its plan's size keeps working; we will offer dedicated hosting for it at a quoted price, and may move it there after 30 days written notice so that one station never slows another.
- Self hosted. If you run the Software on your own servers or cloud account, your organization is responsible for that environment, including access, HTTPS, encryption, operating system updates, and backups.
- Hosted. If we host the Software for you, we run a dedicated instance for your organization, apply updates, and take daily backups. We aim to keep the hosted service available but do not promise uninterrupted service unless your Order includes a service level.
- Late payment. If fees are more than 30 days past due, we may suspend access after giving you written notice. Suspension does not delete your data.
5. Your data
Your training records, documents, and other data you put into the Software ("Customer Data") belong to your organization. We use Customer Data only to provide and support the Software for you, as described in our Privacy Policy. You can export your Customer Data at any time with the Software's export and backup tools. When a hosted subscription ends, your instance is stopped that day; within 10 days we deliver a final verified backup archive and your PDF binders; we keep our copy of your data for 90 days, during which it can be restored on request; then we delete it and confirm the deletion in writing.
6. Electronic records and signatures
The Software records electronic signatures and approvals. Your organization decides whether electronic records and signatures are acceptable under its manuals and the rules that apply to it, and is responsible for the people it authorizes to sign. Electronic records and signatures made in the Software are intended to have effect under the federal ESIGN Act and the Uniform Electronic Transactions Act as adopted in Texas, to the extent those laws apply.
7. Acceptable use
You must not: use our services in violation of law; upload malicious code; try to get around security or access limits; copy, reverse engineer, or resell the Software except as the Software License allows; or use our services to build a competing product.
8. Our property
We own the Website, the Software, the Store Products, and our names and logos. These Terms do not give you any ownership in them. If you send us suggestions, we may use them without obligation to you.
9. Confidentiality
Each party will protect the other's non public information with reasonable care and use it only for the purposes of these Terms, except where disclosure is required by law.
10. Disclaimers
Except as stated in an Order, the Website, the Demo, the Store Products, and the Software are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non infringement. True North is a records tool. It does not replace your organization's judgment, its quality system, or the requirements of the FAA or any other authority, and we do not guarantee any audit or inspection result.
11. Limits on liability
To the fullest extent the law allows: neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data; and each party's total liability arising from these Terms is limited to the amounts you paid us in the 12 months before the claim. These limits do not apply to your payment obligations, to a party's breach of confidentiality, or to liability that cannot be limited by law.
12. Indemnity
You will defend and indemnify us against third party claims arising from your Customer Data or your use of our services in violation of these Terms or the law.
13. Ending these Terms
You may stop using our services at any time. Subscriptions end as stated in your Order. Either party may end an Order if the other party materially breaches it and does not fix the breach within 30 days of written notice. Sections 3 (license limits and responsibility), 5, 8, 9, 10, 11, 12, and 15 survive.
14. Export
You are responsible for complying with export control and sanctions laws that apply to your data and your use of our services, including where your data is controlled under the EAR or ITAR. Do not put export controlled data into the Demo or the Website.
15. Governing law and disputes
These Terms are governed by the laws of the State of Texas and applicable federal law, without regard to conflict of law rules. The state and federal courts located in Texas have exclusive jurisdiction over any dispute arising from these Terms, and each party consents to that jurisdiction. Before filing a claim, each party will first try in good faith to resolve the dispute by written notice and discussion for 30 days.
16. Changes
We may update these Terms. We will post the new version here with a new effective date, and for active subscriptions we will give at least 30 days notice of material changes. Continued use after the effective date means you accept the update.
17. General
These Terms, the Software License, the Privacy Policy, and any Order are the entire agreement between us on their subject. If a provision is found unenforceable, the rest stays in effect. A failure to enforce a provision is not a waiver. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of its business. Neither party is liable for delays caused by events beyond its reasonable control.
18. Contact
True North LMS LLC. Send us a message with the contact form on our website.