terms-of-service

Last updated: December 2021

These Terms of Service constitute a legally binding agreement between you and CrewBlast LLC ("CrewBlast") governing your use of the CrewBlast Platform. CrewBlast's websites (the "Sites"), mobile applications (the "Apps"), and related services, information and communications are collectively referred to as the "CrewBlast Platform."

The use of all personal data you submit to the CrewBlast Platform or which we collect about you is governed by our Privacy Policy ("Privacy Policy"). A copy of our Privacy Policy is available here. You acknowledge that by using the CrewBlast Platform you have reviewed and agree to the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as the "Agreement".

By acknowledging the terms of service and/or using the Crewblast Platform, you expressly acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by this Agreement (including the dispute resolution and arbitration agreement) and you accept all of its terms as well as any future amendments and additions to this Agreement we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the CrewBlast Platform.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE CREWBLAST PLATFORM.

1. CrewBlast Platform and Online Marketplace for Pilots and Operators

A. Definitions. The CrewBlast Platform is a web- and app-based marketplace which enables connections between Operators and Pilots. "Operators" are individual or corporate aircraft operators seeking to engage pilots to operate Operators' aircraft ("Aviation Services"). "Pilots" are professional pilots trained and licensed to operate various aircraft. Operators and Pilots are hereinafter individually referred to as a "User" and collectively as "Users." If you agree on the terms of Aviation Services with another User, you and such other User will be deemed to have formed a Service Agreement between the two of you a set forth in more detail in Article 3 below.

B. How It Works: When Operators register on the CrewBlast Platform, they will be offered an opportunity to submit their crew request where they can specify their Pilots needs and the details of travel, including the dates of travel, to and from destinations, the type of aircraft that will be operated, and other applicable travel details. Once these travel details are received by CrewBlast, it will send a "crew blast" to all of its registered Pilots. Interested Pilots will respond to the crew blast and submit their "bid" for the requested Aviation Services. CrewBlast will then provide the Operator with a list of interested Pilots, at which time CrewBlast will have completed its services and earned its fee.

C. Online Marketplace. CrewBlast operates as an online marketplace that connects Operators with service providers (Pilots) who wish to perform Aviation Services. CrewBlast does not perform Aviation Services and does not employ people to perform Aviation Services. Pilots operate as independent business owners and are customarily engaged in an independently established business of the same nature as the Aviation Services. CrewBlast does not control or direct the Pilots' performance of their services or set their work locations, work hours, or terms of work. Pilots provide services under their own name or business name, and not under CrewBlast's name. CrewBlast does not provide any vehicles, tools, or supplies for Pilot's performance of the Aviation Services. Pilots are not required to enter into a Services Agreement with Operators, though if Pilots decide to perform services through the CrewBlast Platform, they are expected to fulfill their contractual obligations to the Operators they contract with. Pilots set their own rates for their services, without any deduction or markup, or other influence from CrewBlast.

D. CrewBlast is Not Responsible for Users Engagements. The CrewBlast Platform enables connections between Users for the fulfillment of Aviation Services. CrewBlast is not responsible for the performance or communications of Users, nor does t have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Aviation Services, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. CrewBlast makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Aviation Services requested or services provided by, or the communications of or between, Users identified through the CrewBlast Platform, whether in public or private, via on- or off-line interactions, or otherwise

E. Worker Classification and Withholdings. CrewBlast does not employ Pilots. CrewBlast is not responsible for and will not be liable for workers' compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User's use of the CrewBlast Platform. Each User assumes all liability for proper classification of such User's workers based on applicable laws and guidelines.

PILOTS ARE INDEPENDENT CONTRACTORS OF OPERA TORS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF CREWBLAST. CREWBLAST DOES NOT PERFORM AVIATION SERVICES, DOES NOT EMPLOY INDIVIDUALS TO PERFORM AVIATION SERVICES AND DOES NOT PROVIDE EMPLOYEE SEARCH FOR OPERATORS. BY CONNECTING PILOTS AND OPERATORS SEEKING SERVICES WITH SERVICE PROVIDERS, CREWBLAST OPERATES AS A PLATFORM THAT CONNECTS OPERATORS WITH PILOTS (SERVICE PROVIDERS) WHO WISH TO PERFORM AVIATION SERVICES.

USERS HEREBY ACKNOWLEDGE THAT CREWBLAST DOES NOT PLAN, DEVELOP, SCOPE, DIRECT, SUPERVISE, CONTROL, OR MONITOR AVIATION SERVICES AND EXPRESSLY

DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR ANY SERVICES PERFORMED BY PILOTS, INCLUDING, WITHOUT LIMITATION, THE AVIATION SERVICES IN ANY MANNER.

F. Background Checks of Pilots. Pilots may be subject to a review process before they can register for and during their use of the CrewBlast Platform, which may include but is not limited to identity and licensure verification ("Background Checks"). Although CrewBlast may perform Background Checks, CrewBlast cannot confirm that any User is who they claim to be, and CrewBlast cannot and does not assume any responsibility for the accuracy or reliability of Background Check information. Except as may be required by law, CrewBlast shall not be required to share any information obtained through Background Checks with any Users.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don't know. CrewBlast will not be liable for any false or misleading statements made by Users.

NEITHER CREWBLAST NOR ITS AFFILIATES, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, A TTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS "AFFILIATES") IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CREWBLAST PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE CREWBLAST AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CREWBLAST PLATFORM.

2. Representations and Warranties of Users. All Users represent and warrant as follows:

You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users) and are otherwise capable of entering into binding contracts.
You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
You have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy.
You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Aviation Services or any interaction by or with any User and/or CrewBlast in connection with the CrewBlast Platform without the prior written consent of CrewBlast and/or the relevant User, as applicable.
You will fulfill the commitments you make to other Users, communicate clearly and promptly, be present and/or available at the time you agree upon with your Pilot or Operator.
You will act professionally and responsibly in your interactions with other Users.
You will use your real name or business name on your profile.

When using or accessing the CrewBlast Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith.
You will not use the CrewBlast Platform for the purchase or delivery of any unlawful services.
Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Other than as fully and promptly disclosed in writing to CrewBlast, you do not have any motivation, status, or interest that CrewBlast may reasonably wish to know about in connection with the CrewBlast Platform, including without limitation, if you are using or will or intend to use the CrewBlast Platform for any journalistic, academic, investigative, or unlawful purpose.

In addition to the foregoing, Pilots and Operators each make the following representations and warranties, and covenant as follows:

Pilots hereby agree to these additional terms - Pilot's Addendum (Sent Separately)
Operators agree to these additional terms - Operator's Addendum (Sent Separately)

3. Service Agreements between Operators and Pilots. You acknowledge and agree that a legally binding contract with another User (the "Service Agreement") is formed when you and that User agree on the terms of the Aviation Services. The terms of the Service Agreement include the terms set forth in this Article 3, the engagement terms proposed and accepted through the CrewBlast Platform, and any other contractual terms accepted by both the Pilot and the Operator to the extent such terms do not conflict with the terms of this Agreement, including this Article 3, and do not expand CrewBlast's obligations or restrict CrewBlast's rights under this Agreement. CrewBlast is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between CrewBlast and the Pilot, nor will it create an employment relationship between the Operator and the Pilot. Users do not have authority to enter into written or oral - whether implied or express-contracts on behalf of CrewBlast.

While using the CrewBlast Platform, Operators, in their sole discretion, determine whether they will be present or not when Aviation Services are performed. Operators agree that if someone other than them books the Aviation Services on their behalf or is present in their stead when the Aviation Services is performed, they are appointing that person as their agent ("Operator's Agent") and the Pilot may take and follow direction from the Operator's Agent as if such direction was given directly from the Operator. If you are an Operator's Agent and accessing and using the CrewBlast Platform on behalf of an Operator, you represent that you have the authority to act as the Operator's agent and to bind that Operator as the principal to all provisions of this Agreement. Operator's Agent may authorize any applicable waiver of the Operator's direction, or instruction of the Pilot's work or performance of the Aviation Services in the Operator's stead. Operator agrees that such direction and/or waiver is valid against Operator and Operator's Agent, and Operator shall be responsible and liable for all such direction and/or waiver as if made by the Operator. Operator assumes full and sole responsibility for the acts and omissions of Operator's Agents.

The Operator shall pay the Pilot(s) in full for all Aviation Services at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of Aviation Services.

4. Billing and Payment of CrewBlast Fees and Pilot Fees. Users of the CrewBlast Platform contract for Aviation Services directly with other Users. CrewBlast will not be a party to any contracts for Aviation Services or any other contracts between the parties. Operator, and not CrewBlast, is responsible for payment for all Aviation Services directly to the Pilot(s). CrewBlast is not obligated to compensate Pilot(s) for Operator's failure to pay for Aviation Services or any other services.

CrewBlast Fee. CrewBlast will be entitled to a fee for finding and connecting the Users ("CrewBlast Fee"). Specifically, CrewBlast will be entitled to a CrewBlast Fee for each instance when Operators engage Pilots for Aviation Services. The CrewBlast Fee will be earned and will become due and payable upon Operator's selection of the Pilot introduced to the Operator through CrewBlast. CrewBlast Fee will be due and payable by Operators immediately upon receipt of CrewBlast's invoice.

Pilot Fee. Pilots will invoice Operators separately in accordance with the terms of the Services Agreement by and between Operators and Pilots. Pilots are responsible for accurately invoicing their Operators and collecting their payment. Operators will be responsible for paying the fees due to Pilots pursuant to invoice(s) for the Aviation Services (the "Invoice(s)"), which will include (a) the pricing terms of the Aviation Services provided by the Pilots and agreed upon by the parties ("Pilot Fees"), (b) any out of pocket expenses agreed upon by the parties and submitted by the Pilot in connection with the Aviation Services, (c) cancellation charges, if applicable. Pilots will provide CrewBlast with copies of all Invoices simultaneously with submission of its voices to the Operators, and Operators will provide evidence and/or confirmation of payment when and as Pilot Fees are paid.

Users of the CrewBlast Platform may be liable for any taxes or similar charges (including VAT, if applicable in the country where the Aviation Services are performed) required to be collected and/or paid on the Aviation Services and/or fees provided under the Agreement.

In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree to cooperate with CrewBlast to provide such information as it may require to ensure timely and accurate reporting, and that CrewBlast may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.

5. Public Areas; Acceptable Use. The CrewBlast Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Aviation Services postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the CrewBlast Platform, you should not share your personal contact information with other Users.

Without limitation, the CrewBlast Platform may not be used for any of the following purposes:

To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and CrewBlast staff.
To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information.
To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or CrewBlast.
To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage CrewBlast or its Users' computers.

5. To advertise or offer to sell any goods or services for any commercial purpose through the CrewBlast Platform which are not relevant to the Aviation Services.
To engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by CrewBlast in its sole discretion.
To conduct or forward surveys, contests, pyramid schemes, or chain letters.
To impersonate another person or a User or allow any other person or entity to use your user profileto post or view comments (except as may be permitted under Article 3 for Operator's Agent).

While using the CrewBlast Platform, you may not:

Use the CrewBlast Platform for any unauthorized or illegal purpose, including but not limited to posting or performing Aviation Services in violation of local, state, provincial, national, or international law.
Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly.
Post request for the same Aviation Services repeatedly ("spamming").
Download any file posted by another User that you know, or reasonably should know, cannot belegally distributed through the CrewBlast Platform.
Restrict or inhibit any other User from using and enjoying the Public Areas.
Imply or state that any statements you make (whether on or off the CrewBlast Platform) areendorsed by CrewBlast, without the prior written consent of CrewBlast.
Use a robot, spider, manual, meta tag, "hidden text," agent, robot, script, and/or automaticprocesses or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the CrewBlast Platform, or the electronic addresses or personal information of others, in any manner.
Frame or utilize framing techniques to enclose the CrewBlast Platform or any portion thereof.
Hack or interfere with the CrewBlast Platform, its servers or any connected networks.
Adapt, alter, license, sublicense or translate the CrewBlast Platform for your own personal orcommercial use.
Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marksor rights owned by CrewBlast and Affiliates.
Upload content to the CrewBlast Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred orphysical harm of any kind against any individual or group of individuals.
Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner.
Solicit for any other business, website or service, or otherwise contact Users for employment,contracting or any purpose not related to use of the CrewBlast Platform as set forth herein.
Collect usernames, email addresses, or other personal information of Users by electronic or othermeans.
Use the CrewBlast Platform or the Aviation Services in violation of this Agreement.
Use the CrewBlast Platform in a manner that is false or misleading (directly or by omission orfailure to update information), or for the purpose of accessing or otherwise obtaining CrewBlast'strade secret information for public disclosure or other purposes.
Attempt to circumvent the payments system any fee in any way including, but not limited to,engaging for Aviation Services between Users outside of the CrewBlast Platform, providing inaccurate information in connection with pricing for Aviation Services, or otherwise reporting information concerning fees for Aviation Services in a fraudulent manner.
Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number.
Cause any third party to engage in the restricted activities specified above; or
Use tools with the goal of masking your IP address (e.g., the TOR network).

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. CrewBlast will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

6. Mobile App Updates and Upgrades. By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the CrewBlast Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with CrewBlast's servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

7. Account, Password, Security, and Telephone Communications. You must register with CrewBlast and create an account to use the CrewBlast Platform. You are responsible for maintaining the confidentiality of any login and password information for accessing the CrewBlast Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. CrewBlast has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you agree to notify CrewBlast immediately.

You acknowledge that telephone calls to or from CrewBlast, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

You verify that all contact information provided to CrewBlast, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your business or residential address and telephone number, and/or your mobile telephone number, are true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to promptly notify CrewBlast.

8. User Generated Content.

A. Definition and Content. "User Generated Content" is defined as any information and materials you provide to CrewBlast, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the CrewBlast Platform, including, without limitation, Operator's submissions of the crew requests and Pilot's responses to crew blasts, and the information and mater als posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that CrewBlast is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that CrewBlast has no obligation to monitor or review User Generated Content but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement, CrewBlast's policies, or the law.

You hereby represent and warrant to CrewBlast that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal,

counterfeit or stolen items; (c) will not infringe on any third party's privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Aviation Services are to be performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libelous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or persona information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with CrewBlast or otherwise purport to act as a representative or agent of CrewBlast; and (i) will not create liability for CrewBlast or cause CrewBlast to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers, including, without limitation, any liability insurance.

CrewBlast respects the personal and other rights of others and expects Users to do the same. CrewBlast is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

If a User believes, in good faith, that any User Generated Content provided on or in connection with the CrewBlast Platform is objectionable or infringes any of its rights or the rights of others (e.g., counterfeiting, insult, invasion of privacy), the User is encouraged to notify CrewBlast. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify CrewBlast. Such notification can be made at CrewBlast LLC, 53 Terrace Drive, East Northport, NY 11731.

License to User Generated Content. To the extent permitted by law, you hereby grant CrewBlast a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to CrewBlast (collectively, "Media") in exchange for use of the CrewBlast Platform, in any media now known or not currently known in order to market, operate, and improve upon the CrewBlast Platform, including but not limited to the right to the following:

Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content.
Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to CrewBlast or that CrewBlast takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User's picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the "Physical Likeness") in any format and through any distribution channels.
Use, and permit to be used, such User's User Generated Content, Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the CrewBlast Platform in any media, in any format and through any distribution channels.
Use, and permit to be used, such User's name and identity in connection with the CrewBlast Platform or any CrewBlast promotional campaigns.

Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law in the country where the Aviation Services is performed). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.

Each User acknowledges that CrewBlast shall not owe any financial or other remuneration for using the User Generated Content, Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.

Each User hereby waives all rights and releases CrewBlast and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User's identity, User Generated Content, Physical Likeness, Media, or Voice in connection with the CrewBlast Platform.

9. Links to Third-Party Websites. The CrewBlast Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by CrewBlast or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the CrewBlast Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. CrewBlast does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that CrewBlast is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that CrewBlast has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the CrewBlast Platform at its sole discretion.

The use of any website controlled, owned, or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access such third-party websites at your own risk. CrewBlast expressly disclaims ary liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the CrewBlast Platform. You hereby agree to hold CrewBlast harmless from any liability that may result from the use of links that may appear on the CrewBlast Platform.

10. Intellectual Property Rights. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including CrewBlast designs, trademarks, and logos (collectively "Proprietary Material") that Users see or read through the CrewBlast Platform is owned by CrewBlast, excluding User Generated Content, which Users hereby grant CrewBlast a license to use as set forth above in Article 8. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. CrewBlast owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the CrewBlast Platform without CrewBlast's express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

The service marks and trademarks of CrewBlast, including without limitation the CrewBlast logo and associated logos, are service marks owned by CrewBlast. Any other trademarks, service marks, logos and/or trade names appearing via the CrewBlast Platform are the property of their respective owners. CrewBlast's proprietary marks and logos are not available for use by Pilots. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

11. Copyright Complaints and Copyright Agent. CrewBlast respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the CrewBlast Platform infringe upon your copyright or other intellectual property right, please send the following information to CrewBlast at CrewBlast LLC at fly@crewblast.co

A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the CrewBlast Platform where the material you claim is infringed is visible. Include enough information to allow CrewBlast to locate the material, and explain why you think an infringement has taken place.
A description of the location where the original or an authorized copy of the copyrighted work exists-for example, the URL (Internet address) where it is posted or the name of the book in which it has been published.
Your name, address, telephone number, and e-mail address.
A statement by you that you have a good faith belief that the disputed use is not authorized by thecopyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your electronic or physical signature as the owner of the copyright or the person authorized to acton behalf of the owner of the copyright interest.

12. Confidential Information. You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of CrewBlast and agree that you will not, for the lifetime of your account on CrewBlast plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the CrewBlast Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify CrewBlast in writing of any circumstances that may constitute unauthorized disclosure, transfer or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to CrewBlast promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.

The term "Confidential Information" shall mean any and all of CrewBlast's trade secrets, confidential and proprietary information, and all other information and data of CrewBlast that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, Operators, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to CrewBlast or CrewBlast's business, operations or properties, including information about CrewBlast's staff, Users or partners, or other

business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

13. Deactivation and Suspension. CrewBlast may suspend your right to use the CrewBlast Platform pending its investigation of a potential breach by you of this Agreement. CrewBlast may deactivate your account or limit your use of the CrewBlast Platform upon its determination that you breached a provision of this Agreement (a "User Breach"). CrewBlast will provide you with written notice of its determination as required by law, unless we have reason to believe the User's account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety. If you wish to appeal this determination, please contact Timothy Griffin, fly@crewblast.co within 14 days of receipt of such notice with the grounds for your appeal.

If CrewBlast suspends or deactivates your account or limits your use of the CrewBlast Platform pursuant to this Article 13, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the CrewBlast Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. CrewBlast reserves the right to take appropriate legal action pursuant to the Agreement.

CrewBlast reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the CrewBlast Platform at its sole discretion. CrewBlast will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, CrewBlast shall not be liable to you for any modification or discontinuance of all or any portion of the CrewBlast Platform CrewBlast has the right to restrict anyone from completing registration as a Pilot if such person may threaten the safety and integrity of the CrewBlast Platform, or if such restriction is necessary to address any other reasonable businessconcern.

You may terminate this Agreement at any time by ceasing all use of the CrewBlast Platform and deactivating your account. Notwithstanding the foregoing, the provisions of this Agreement that are intended to survive the termination hereof, including without limitation, the indemnity and limitation of liability provisions set forth below, shall survive termination of this Agreement.

14. Disclaimer of Warranties.

A. Use of The CrewBlast Platform Is Entirely at Your Own Risk

THE TECHNOLOGY OF THE CREWBLAST PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. CREWBLAST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE CREWBLAST PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE CREWBLAST PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CREWBLAST PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

CrewBlast does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party, including the Pilots, through the CrewBlast Platform or any hyperlinked website or featured in any banner or other advertising, and CrewBlast will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, CrewBlast and Affiliates do not warrant that access to the CrewBlast Platform will be uninterrupted or that the CrewBlast Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the CrewBlast Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Aviation Services, service, information or materials provided through or in connection with the use of the CrewBlast Platform. CrewBlast and Affiliates are not responsible for the conduct, whether online or offline, of any User. CrewBlast and Affiliates do not warrant that the CrewBlast Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. CrewBlast and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

Notwithstanding any feature or service that an Operator may use to expedite Pilot selection, each Operator is solely responsible for determining the Aviation Services it requires and selecting, credentialing, or otherwise approving their Pilot. CrewBlast does not warrant any services purchased by an Operator and does not recommend, credential, or endorse any Pilot. CrewBlast does not provide any warranties or guarantees regarding any Pilot's ability, professional accreditation, registration, or licensure of any Pilot. CrewBlast does not independently verify any Pilot's background, credentialing, or ability to operate any aircraft.

No Liability.

You acknowledge and agree that CrewBlast is only willing to provide the CrewBlast Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold CrewBlast and Affiliates, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys' fees and costs (collectively, "Liabilities") that have arisen or may arise, relating to your or any other party's use of or inability to use the CrewBlast Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by CrewBlast and Affiliates, and any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL CREWBLAST AND AFFILIATES BE LIABLE FOR, AND YOU HEREBY RELEASE CREWBLAST AND AFFILIATES FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY CREWBLAST, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR

INABILITY TO USE THE CREWBLAST PLATFORM OR THE AVIATION SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety. In no event shall CrewBlast's Liability for any particular incident of engagement between users exceed the amount of CrewBlast Fees earned in connection with such engagement.

CREWBLAST AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS CREWBLAST PLATFORM. CREWBLAST AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE CREWBLAST PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT CREWBLAST AND AFFILIATES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL CREWBLAST FEES EARNED BY CREWBLAST IN CONNECTION WITH THE USERS ENGAGEMENT THAT RESULTED IN SUCH LIABILITY.

15. Indemnification

You hereby agree to indemnify, defend, and hold harmless CrewBlast and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the CrewBlast Platform; (ii) your participation in Aviation Services, or your ability or inability to perform or obtain the performance of Aviation Services or to receive payment therefor; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Article 2; (vi) any content submitted by you or using your account to the CrewBlast Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are an Operator, the acts or omissions of any Operator's Agents. CrewBlast reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of CrewBlast.

16. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the CrewBlast Platform, your relationship with CrewBlast, the Aviation Services, or this Agreement (including previous versions), ("Dispute"), you and CrewBlast agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any proceeding as more fully described in Article 24 below. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to CrewBlast. CrewBlast's address for such notice is

CrewBlast, LLC
53 Terrace Drive
East Northport, NY 11731

17. Governing Law. Except as expressly provided otherwise, this Agreement and your use of the CrewBlast Platform will be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles.

18. No Agency; No Employment. No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement.

19. Waiver and Modifications. Failure by CrewBlast to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and CrewBlast with respect to its subject matter and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement set forth below. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the "Agreement Prohibiting Class Actions and Non- Individualized Relief" provision, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) CrewBlast shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace CrewBlast for the performance of this Agreement. This Agreement may not be ass gned or transferred by you without our prior written approval. Any assignment in violation of this Article 19 shall be null and void. This Agreement will inure to the benefit of CrewBlast, its successors and assigns. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the CrewBlast Platform.

20. Changes to this Agreement and the CrewBlast Platform. CrewBlast reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the CrewBlast Platform or any content or information through the CrewBlast Platform at any time, effective with or without prior notice and without any liability to CrewBlast. CrewBlast may also impose limits on certain features or restrict your access to part or all of the CrewBlast Platform without notice or liability.

CrewBlast will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the CrewBlast Platform. Your continued use of the CrewBlast Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

21. No Rights of Third Parties. The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Article 9) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that an Operator's Agent may act in the name of and on behalf of his/her Operator.

22. Notices and Consent to Receive Notices Electronically. You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service's tracking information, if sent for next day delivery by a recognized overnight delivery service.

If you have any questions about these Terms of Service or about the CrewBlast Platform, please contact us by email at fly@crewblast.co or by mail to 53 Terrace Drive, East Northport, NY 11731.

23. Consent to Electronic Signatures. By using the CrewBlast Platform, you agree to transact electronically through the CrewBlast Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

24. Arbitration. To the extent that there are any discrepancies or inconsistencies between the Terms of Service and the following jurisdiction-specific provisions, the jurisdiction-specific provisions shall prevail, govern and control for Users in those jurisdictions.

PLEASE READ THIS ARTICLE CAREFULLY-IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND CREWBLAST CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS ARTICLE WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND CREWBLAST TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

A. Agreement to Binding Arbitration. IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND CREWBLAST MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This agreement to arbitrate ("Arbitration Agreement") is governed by the Federal Arbitration Act ("FAA") and survives the termination of this Agreement and your relationship with CrewBlast. Unless you and CrewBlast agree otherwise, any arbitration hearings with a User will take place in New York, NY, United State of America.

To the fullest extent permitted by applicable law, you and CrewBlast agree to arbitrate any and all disputes and claims ("collectively, "Claim" or "Claims") relating to, arising from or regarding your use of the CrewBlast Platform, your relationship with CrewBlast, Aviation Services, or this Agreement (including previous versions), including Claims by CrewBlast, Claims against CrewBlast and Claims against CrewBlast's Affiliates (including its parent company).

To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by CrewBlast; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by CrewBlast and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.

If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and CrewBlast agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND CREWBLAST ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

B. Prohibition of Class Actions and Non-Individualized Relief. Except as otherwise required under applicable law, you and CrewBlast agree that any arbitration will be limited to the Claim between CrewBlast (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND CREWBLAST ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING ("Class Action Waiver"). Further, unless both you and CrewBlast otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

C. Representative PAGA Waiver. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and CrewBlast agree not to bring a representative action on behalf of others under the California Private Attorneys General Act ("PAGA"), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and CrewBlast agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, "Representative PAGA Waiver").

Nowinstarunny any one provisions Ayreement, the Avalon Kyreement on the AAA Rules, disputes reyaruly the scope, applicavity, eniveauility, revocability, or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pend ng the outcome of any individual Claims in arbitration.

D. Rules and Logistics Governing Arbitration. In order to initiate arbitration, a claim must be filed with the American Arbitration Association ("AAA") and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and CrewBlast agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator's decision, which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules).

Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys' fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur f the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.

E. Exceptions to Arbitration. The Arbitration Agreement shall not require arbitration of the following types of claims:

Claims for workers' compensation, disability insurance and unemployment insurance benefits.
Small claims actions that are within the scope of small claims court jurisdiction and brought on anindividual basis.
Applications for provisional remedies, preliminary injunctions, and temporary restraining ordersrelating to actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Representative action brought on behalf of others under PAGA or other private attorney generalacts, to the extent the representative PAGA Waiver in Article 19(d) is deemed unenforceable by acourt of competent jurisdiction under applicable law not preempted by the FAA.
Claims that may not be subject to arbitration as a matter of generally applicable law not preemptedby the FAA.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Eoard, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.

F. Severability. In addition to the severability provisions in subsections (b) and (c), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.

25. Telephone Communications and Agreement to be Contacted.

A. Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from CrewBlast and Affiliates, or from independent contractors related to your account, registration, onboarding, upcoming or scheduled Aviation Services, changes and updates, service outages, follow ups to any push notifications delivered through our mobile application, any transaction with CrewBlast, and/or your relationship with CrewBlast. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that CrewBlast may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from CrewBlast and Affiliates even if you

cancel your account or terminate your relationship with CrewBlast, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Message frequency varies. Carriers are not liable for delayed or undelivered messages. To opt-out, please see the Opt-Out Instructions below.

B. Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email opt-out to fly@crewblsat.co and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must provide CrewBlast with written notice to fly@crewblast.co revoking your consent to receiving automated calls; in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls. It is your sole responsibility to notify CrewBlast if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

C. Fees and Charges. There is no fee to receive automated telephone calls or text messages from CrewBlast, our agents, Affiliates, and independent contractors (including Pilots). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that CrewBlast and its agents, affiliates, and independent contractors are not responsible for such charges.

D. Unauthorized Use of Your Telephone Device. You must notify CrewBlast immediately of any breach of security or unauthorized use of your telephone device. CrewBlast and Affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, however, you may be liable for our losses due to such unauthorized use.

E. Indemnification Concerning Telecommunications. You agree to indemnify, deferd, and hold harmless CrewBlast and Affiliates, and independent contractors for any privacy, con of other claims, including claims under the Federal ereptione Consumer Protection ALL of its state a quivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify CrewBlast of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold CrewBlast and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys' fees). CrewBlast shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

F. General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Article 25 will survive termination of these Terms of Service.

26. Release. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Civil Code 1542 that governs your rights in the jurisdiction of your residence.

27. App Store-Sourced Apps. The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store-Sourced Application"):

You acknowledge and agree that (i) the Agreement is entered into between you and CrewBlast only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) CrewBlast, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.
In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store- Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between CrewBlast and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of CrewBlast, subject at all times to warranty limitations and exclusions set forth in this Agreement
You and CrewBlast acknowledge that, as between CrewBlast and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store- Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and CrewBlast acknowledge that, in the event of any third-party claim that the App Store- Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party's intellectual property rights, as between CrewBlast and Apple, CrewBlast (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.
You and CrewBlast acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store-Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application

28. Acknowledgement and Consent. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY

POLICY, AND AGREE THAT YOUR USE OF THE CREWBLAST PLATFORM IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Wallet Feature Terms of use

This Operator Addendum is an addendum to the Agreement between you and CrewBlast, and it sets forth additional terms and conditions that are applicable to your engagement of Pilots for Aviation Services through the CrewBlast Platform. Capitalized terms herein have the meaning set forth in the Agreement.

1. Crew Blasts.

You understand that CrewBlast is not required to send any "crew blasts" that includeinquiries you or anyone else registers through the CrewBlast Platform.
When registering your account with CrewBlast, you will disclose all information about yourself, your aircraft, registrations as an operator in all jurisdictions where aircraft is intended to be operated, and any other information requested by CrewBlast, accurately and completely. You will not misrepresent or intentionally omit any information that is required by CrewBlast, Pilots, or that is otherwise relevant and material to your profile and engagement request.
You agree to promptly disclose to CrewBlast in writing if you have any pending investigations, licensure or registration revocations, suspensions, or other reprimands by the Federal Aviation Agency, National Transportation Safety Board, or any other federal, state, or other local agency. The disclosure must be made within 15 days from Operator's becoming aware of the event that must be disclosed hereunder.

2. Licensing.

You own, or have the legal right to operate, the plane you use when providing Aviation Services; such plane is in good operating condition and meets the industry safety standards and all applicable statutory aviation requirements for the aircraft of its kind, including, without limitation, all regulations issued by Department of Transportation, Federal Aviation Administration, National Transportation Safety Board, all equivalent international, national and local government agencies; and that any and all applicable safety recalls have been remedied per manufacturer instructions. You will only engage Pilots who are qualified to operate such properly registered and maintained aircraft.
You are solely responsible for all maintenance, storage, hauling, fueling and staffing the aircraft for Aviation Services. Nothing in this Agreement or any other communication from CrewBlast, including its Affiliates, agents, and representatives, shall be deemed as a recommendation or endorsement of any aircraft, Pilot, or any other related service or person. CrewBlast is merely a platform facilitating introductions between its Users.
You are solely responsible for identifying and obtaining any required licenses, permits, or registrations before engaging any Aviation Services. If you have questions about how national, state, provincial, territorial, or local laws apply to your required Aviation Services, you should first seek appropriate legal guidance.
CrewBlast does not supervise, scope, direct, control, or monitor a Pilot's work or performance of Aviation Services. As such, you and Pilots must determine for yourselves whether you have the aircraft that is fit for specific Aviation Services, as well as any specific hazards, obstacles, or impediments that may impact the performance of the Aviation Services.

3. Reporting Requirements. You understand that you are required to report to CrewBlast at the end of each engagement with a Pilot. The report must include the dates of engagement and any changes from the original "crew blast" requested itinerary. If your Aviation Services, including itinerary, change after the start date of your engagement with the Pilot, you must report such changes to CrewBlast as soon as practicably possible and not later than 24 hours after you become aware of such changes.

4. Non-Solicitation of Pilots. You hereby acknowledge and agree that CrewBlast has a legitimate business interest in, among other things, (i) retaining Pilots of CrewBlast as registered Pilots of the CrewBlast Platform; and (ii) preventing the soliciting of personnel, Pilots, or other Operators of Company. As long as you continue to use the CrewBlast Platform and for a period of 36 months thereafter, you will not in any manner, directly or indirectly, on your own behalf and/or in the service and/or on behalf of others, hire, solicit and/or accept an offer from any Pilot, who you previously engaged or intended to engage through the CrewBlast Platform, to begin, resume or otherwise engage in a business relationship, including employment, with you, any of your affiliated persons or entity, or any of CrewBlast's direct competitors, in any manner that harms Company's business interests.In the event of a breach of the foregoing non-solicitation covenant, provided you do not receive an advance waiver from CrewBlast, in addition to injunctive and equitable relief available under the law, you agree to remit to CrewBlast, within thirty (30) days of receipt of notice from CrewBlast, the greater of (a) the total amount billed by CrewBlast in connection with such solicited Pilot's engagement with Operators through the CrewBlast Platform, during the preceding 18-month period immediately prior to the breach, or (b) One Hundred Thousand Dollars ($100,000). The sums of damages set forth above represent a reasonable estimation of the damages that would be incurred by CrewBlast in the event of breach and shall not be deemed a penalty.

5. General Terms and Conditions.

When using CrewBlast Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation, or other business entity.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that insures you for liability arising from ownership, parking, and operation of your aircraft, including operation of the same by hired crew.
You will pay all applicable federal, state, and local taxes based on your provision of Aviation Services and any payments received by you.
You agree that we may obtain information about you, including your criminal and prior aircraft operation records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You will not engage in reckless behavior while operating, operate unsafely, operate an aircraft that is unsafe to operate, permit an unauthorized third party to accompany you in the aircraft while providing Aviation Services, provide Services as a Pilot while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of Operators, their representatives, and the public.
You understand and acknowledge that CrewBlast does not and will not any amount due to you on your behalf. You are solely responsible for negotiating and collecting your payment. CrewBlast's fee, payable by Operators, is earned, due, and payable to CrewBlast after your engagement is booked by the Operator. CrewBlast only collects its own fee from the Operators. You hereby waive all claims against CrewBlast in connection with collecting any payment due to you from the Operators.

This Pilot Addendum is an addendum to the Agreement between you and CrewBlast, and it sets forth additional terms and conditions that are applicable to your provision of Aviation Services through the CrewBlast Platform. Capitalized terms herein have the meaning set forth in the Agreement.

1. Registration.

You understand that your registration as a CrewBlast Pilot simply allows you to receive "crew blasts" that will reflect Operator's inquiries to CrewBlast. Notwithstanding, CrewBlast is not required to send any or all "crew blasts" to you or any other Plots.
When registering your account with CrewBlast, you will disclose all information about yourself, including your licensure, qualification, flying hours, and registrations as a pilot accurately and completely. You will not misrepresent or intentionally omit any information that is required by CrewBlast, Operators, or that is otherwise relevant and material to your profile as a Pilot.
You agree to promptly disclose to CrewBlast in writing if you have any criminal convictions (other than minor fixed penalty parking or speeding offenses), licensure revocations, investigations, suspensions, or other reprimands by the Federal Aviation Agency, National Transportation Safety Board, or any other federal, state, or other local agency. The disclosure must be made within 15 days from Pilot's becoming aware of the event that must be disclosed hereunder.

2. Licensing.

You represent and warrant to CrewBlast that you possess a valid license to operate aviation aircraft and you will only engage with Operators for Aviation Services involving aircraft that you are properly licensed to, trained, and qualified to operate.
Pilots alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering or undertaking any Aviation Services. Indeed, certain types of Aviation Services may be prohibited altogether, and it is the responsibility of Pilots to avoid such prohibited Aviation Services. Penalties may include fines or other law enforcement. If you have questions about how national, state, provincial, territorial, or local laws apply to your Aviation Services on the CrewBlast Platform, you should first seek appropriate legal guidance.
Because CrewBlast does not supervise, scope, direct, control, or monitor a Pilot's work or performance of Aviation Services, you and Operators must determine for yourselves whether you have the skills and qualifications necessary to perform the specific Aviation Services at hand as well as any specific hazards, obstacles, or impediments that may impact the performance of the Aviation Services.

3. Reporting Requirements. You understand that you are required to report to CrewBlast at the end of each engagement with an Operator. The report must include the dates of engagement and any changes from the original "crew blast" requested itinerary. If your Aviation Services, including itinerary, change after the start date of your engagement with the Operator, you must report such changes to CrewBlast as soon as practicably possible and not later than 24 hours after you become aware of such changes.

4. General Terms and Conditions.

When using CrewBlast Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that insures you for liability arising from providing Aviation Services.
You will pay all applicable federal, state, and local taxes based on your provision of Aviation Services and any payments received by you.
You agree that we may obtain information about you, including your criminal and prior aircraft operation records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You will not engage in reckless behavior while operating, operate unsafely, operate an aircraft that is unsafe to operate, permit an unauthorized third party to accompany you in the aircraft while providing Aviation Services, provide Services as a Pilot while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of Operators, their representatives, and the public.

You understand and acknowledge that CrewBlast does not and will not any amount due to you on your behalf. You are solely responsible for negotiating and collecting your payment. CrewBlast's fee, payable by Operators, is earned, due, and payable to CrewBlast after your engagement is booked by the Operator. CrewBlast only collects its own fee from the Operators. You hereby waive all claims against CrewBlast in connection with collecting any payment due to you from the Operators.

Signature Name Date