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Terms of Service

Spartan Aviation, LLC

Effective as of March 21, 2025, until replaced

Thank you for choosing RunwayStats! RunwayStats, Spartan Aviation, LLC, their affiliates, subsidiaries, and employees (defined here collectively as "RunwayStats" and referred to as "RunwayStats" or "we") provide aircraft tracking and data collection services (referred to collectively as "Service").

This describes the terms and conditions of your receipt of, and payment for, RunwayStats Service. You accept this Agreement by doing any of the following: (i) providing your written or electronic signature or acknowledgment; (ii) activating RunwayStats Service; (iii) paying for RunwayStats Service; or (iv) using RunwayStats Service after making a change or addition that would require another agreement.

By "Leased Equipment" or "Equipment," we mean the receivers or devices you lease from RunwayStats. These might include antennas, cables, sim cards, SD memory cards, USB flash drives, and RunwayStats Receiver(s). RunwayStats maintains ownership of all Equipment and data. You do not own the data that the RunwayStats Service provides or any Equipment. We consider you to be responsible for any Equipment that you lease. You are liable for charges incurred when the Equipment is used by you and when the Equipment is in use by others until your Service is cancelled and the Equipment is returned. You did not buy the Equipment and must return it as explained in Section III of this Agreement. You have no right to sell, give away, transfer, pledge, mortgage, alter or tamper with the Equipment.

To contact us regarding RunwayStats, please call 307-381-6869 or email [email protected].

I. SERVICE AND SUBSCRIPTION

  1. Subscription Changes. Subscription tiers are defined in Addendum A. You may change your subscription selection at any time by notifying us at the above number.
  2. Continuation of Agreement. This Agreement will remain in effect after the Initial Term on your invoice and continue without interruption unless canceled by either party as outlined in Section V. All terms and conditions will remain in force during any extended period unless modified in writing and mutually agreed upon by both parties.
  3. Phone/Internet Connections. For optimal performance, your Leased Equipment must be directly connected to ethernet or Wi-Fi service. If not connected directly to ethernet or Wi-Fi service, cellular signal coverage is required. Some features of the RunwayStats service may not be available with only cellular service. You are responsible for the cost and connectivity of the ethernet and/or Wi-Fi service. RunwayStats is responsible for the cost of the cellular service.
  4. Private Viewing. You may not transmit or distribute running accounts of the Service without written consent from RunwayStats. You may not use any of our trademarks.
  5. Usage Limits. RunwayStats reserves the right to establish, modify, or enforce usage limits for the Service at any time, with or without notice. These limits may include, but are not limited to, the number of concurrent sessions, data bandwidth usage, storage capacity, processing capacity, number of queries or transactions, and the frequency of access. Usage limits may be imposed to ensure the optimal performance and security of the Service, to comply with legal and regulatory requirements, to prevent abuse, or to ensure fair access for all users. We reserve the right to implement or adjust these limits without prior notice in situations where we deem it necessary, such as for the security of our Service or to protect the overall functionality for our users. If you exceed any established usage limits, your access to the Service may be restricted, suspended, or terminated. This may include, but is not limited to, throttling your data access, limiting your access to certain features, or suspending your account. If you believe that the imposed usage limits are unjust or are adversely affecting your use of the Service, you may contact us to discuss your concerns. We will consider reasonable requests for adjustments to these limits on a case-by-case basis.
  6. User Conduct. You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to:
    1. use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services;
    2. impersonate or attempt to impersonate RunwayStats, a RunwayStats employee, another user, or any other person or entity;
    3. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose;
    4. use any manual process to monitor or copy any of the material on the Services without our prior written consent;
    5. use any device, software, or routine that interferes with the proper working of the Services;
    6. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
    7. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services;
    8. attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
    9. otherwise attempt to interfere with the proper working of the Services.

II. PAYMENT AND FEES

  1. Payment. Payment. You may choose to pay for your RunwayStats Service for a term of up to 5 years, in one year increments. RunwayStats will bill you for the entire term in advance. The subscription cost will remain fixed for the duration of the prepaid term. If you choose to cancel your RunwayStats Service before the end of the subscription term, you will not be entitled to a refund. We will accept payment in the form of check, bank check, ACH transfer or wire transfer. For payment information and options, please refer to your invoice or contact us directly.
  2. Other Fees. We may charge fees that arise in specific circumstances only to those customers responsible for them. We reserve the right to assess additional fees or modify these fees and you agree to pay the fees, if assessed on your account. The other fees are:
    1. Equipment Non-Return Fee: $950.00 (each system). Assessed if you do not return your receiver(s) after canceling service.
    2. Equipment Repair/Replacement Fee: Not to exceed $950.00. Assessed on a case-by-case basis as determined by RunwayStats.
    3. Activation Fee: $299. One-time fee for activating the service.
    4. Professional Installation Fee: Starts at $499. One-time fee for installing the equipment, if available. We may charge additional fees if the site requires more than the standard equipment installation.
    5. Restoral Fee: $30. Assessed if you restore your service after it is suspended for non-payment.
    6. Returned Payment Fee: $30 (as permitted by law). Assessed if you make a payment by check or other method that is declined.

III. EQUIPMENT TERMS AND CONDITIONS

  1. Equipment Return Requirements. Equipment Return Requirements. Unless we instruct you in writing not to return your Leased Equipment, Leased Equipment must be returned in good working order, normal wear and tear excepted, to Spartan Aviation, LLC at 400 N Park Avenue, Suite 12B, Breckenridge, CO, 80424 at your expense upon cancellation. If we haven't received your Leased Equipment within 21 days of cancellation of your RunwayStats Service, or if the Leased Equipment is returned in damaged condition, we will charge you as per Section II for each RunwayStats Receiver, so please attend to your Leased Equipment return promptly.
  2. Warranty and Damages. RunwayStats warrants that the receivers will be free from defects in material and workmanship for a period of two years from the date of purchase. This warranty excludes damage caused by lightning strikes or other acts of nature beyond our control. If a lightning strike damages the receiver within 60 days of activation, and the damage is not due to improper installation or use, RunwayStats will repair or replace the unit at its discretion. You are responsible for shipping costs to return the unit for repair or replacement.
  3. You are liable for loss, theft, or damage to any Leased Equipment and bear the full cost of repair or replacement as per Section II. RunwayStats may charge reasonable shipping and handling fees for replacement equipment, except for repairs or replacements due to defects covered under warranty.
  4. Receiver Software
    1. "Receiver Software" means the software that is preloaded on the Receiver at the time of your first use of the Receiver and any updates to this software.
    2. License Grant. RunwayStats grants you a personal, revocable, non-exclusive, non-transferable, limited right to use the Receiver Software solely on the Receiver itself, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
    3. Restrictions on Use. You shall not:
      1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Receiver Software, for any purpose;
      2. modify, adapt, improve, or create any derivative work from the Receiver Software;
      3. violate any applicable laws, rules or regulations in connection with your use of the Receiver Software;
      4. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of RunwayStats, or its collaborators, suppliers or licensors;
      5. use the Receiver Software in a manner that derives revenue directly from such use, or use the Receiver Software for any other purpose for which it is not designed or intended;
      6. enable the use of the Receiver Software on any device other than the Receiver;
      7. make the Receiver Software available over a network or other environment permitting access or use by multiple devices or users at the same time;
      8. use the Receiver Software for creating any product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products, or software offered by RunwayStats or its licensors;
      9. use the Receiver Software to send automated queries to any website or to send any unsolicited commercial e-mail;
      10. use any proprietary information or interfaces of RunwayStats or other intellectual property of RunwayStats in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Receiver Software; or
      11. circumvent, disable or tamper with any security-related components or other protective measures applicable to the Receiver Software.
    4. Software Updates and Maintenance. You agree to abide by the rules and policies established from time to time by RunwayStats. Such rules and policies may include, for example, required or automated updates, modifications, and/or re-installations of the Receiver Software and obtaining available patches to address security, interoperability, or performance issues. These obligations survive termination of this Agreement.

IV. USER SUBMISSIONS AND INTELLECTUAL PROPERTY

  1. Content Ownership and Rights. The website, along with its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by RunwayStats, its licensors, or other providers of such material. These components are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any use not expressly permitted constitutes a breach of this Agreement.
  2. License to Use. These Terms grant you a limited license to use the Services for your personal, non-commercial use only. Under this license, you are permitted to:
    1. temporarily store copies of materials in RAM incidental to your accessing and viewing those materials;
    2. Store files that are automatically cached by your Web browser for display enhancement purposes;
    3. Print or download a reasonable number of pages of the Services for your own personal, non-commercial use;
    4. Download a single copy of any provided applications to your computer or mobile device, solely for your own personal, non-commercial use; and
    5. Take actions enabled by provided social media features.
  3. The following actions are strictly prohibited. You are not permitted to:
    1. modify copies of any materials from the Services;
    2. use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
    3. delete or altering any copyright, trademark, or other proprietary rights notices.
  4. User Submissions. Any content or materials that you submit to us or post on our website, including comments, feedback, suggestions, or ideas ("User Submissions"), will be considered non-confidential and non-proprietary. By providing any User Submission, you:
    1. affirm that you own or have necessary rights to publish such submissions;
    2. grant RunwayStats and affiliates a royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide right to use, copy, modify, create derivative works, distribute, and publicly display such submissions;
    3. acknowledge that feedback becomes RunwayStats property without compensation;
    4. agree to indemnify us against claims arising from your submissions; and
    5. waive any moral rights to the fullest extent permitted by law.
  5. We reserve the right to monitor, edit, or remove any User Submissions for any reason, including violations of this Agreement or applicable law.
  6. Proprietary Rights. The Receiver Software (including its source and object code) and all intellectual property rights associated therewith are, and shall remain, the property of RunwayStats or its collaborators, licensors, or suppliers. The source and object code of the Receiver Software are proprietary and confidential information. RunwayStats reserves the right to change, suspend, terminate, remove, or impose limits on the use of or access to the Receiver Software at any time without notice and will have no liability for doing so.

V. CANCELLATION AND SERVICE INTERRUPTIONS

  1. Cancellation. You may cancel Service by calling us at 307-381-6869 or emailing us at [email protected]. You will not be entitled to any refund for the Service. Upon cancellation, you are required to return any Leased Equipment to Spartan Aviation, LLC as specified in Section III unless notified otherwise. We may cancel your Service at any time if you fail to pay amounts owing to us when due or breach any other material provision of this Agreement.
  2. Service Interruptions. Service interruptions may occur from time to time for a variety of reasons. We are not responsible for any interruptions of Service that occur due to acts of God, power failure or any other cause beyond our reasonable control. However, because we value our customers, for an interruption of a significant length of time that is within our reasonable control, upon your request we will provide what we reasonably determine to be a fair and equitable credit adjustment to your account to make up for such Service interruption. This will be your sole remedy and our sole duty in such cases.
  3. Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for payment obligations) due to circumstances beyond its reasonable control, including but not limited to: acts of God; war; terrorism; pandemic; epidemic; government restrictions; strikes or labor disputes; supply chain disruptions; accidents; fires; telecommunications or Internet failures; computer hardware or software failures; network downtime; power outages; severe weather; earthquakes; volcanic activity; or other catastrophic events. The affected party shall: (i) give prompt written notice to the other party of the force majeure event; (ii) use reasonable efforts to overcome the event; and (iii) resume performance as soon as practicable after the event ends. If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate this Agreement upon written notice to the other party without incurring additional liability.
  4. ffect of Termination. Upon termination of access to the Service, for any reason:
    1. certain provisions of this Agreement will continue to be in effect post-termination;
    2. runwayStats will not be liable to you or any third-party for termination;
    3. we reserve the right to retain or delete any information as per our data retention policies;
    4. you remain obligated to pay any outstanding fees; and
    5. you must return all Leased Equipment as specified in Section III.

VI. WARRANTIES AND LIABILITY

  1. Warranty Disclaimer. Except as specifically provided in Section III regarding equipment warranties, we make no warranty or representation, either express or implied, regarding any RunwayStats Service, which is provided to you as is and with all faults. All such warranties, including the implied warranties of merchantability and fitness for a particular purpose, are expressly excluded. You bear the entire risk as to the quality and performance of the Service.
  2. The receiver, including all accessible services and applications, is provided "as is" and "as available." Use or reliance on the receiver is at your sole risk. To the extent permitted by law, RunwayStats and its collaborators, suppliers, and licensors disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the receiver will meet your requirements, be error-free, or operate without interruption.
  3. The receiver is not intended for use in situations where errors could result in death, injury, or significant damage. Compatibility issues with third-party software or hardware may affect performance, cause data loss, or damage the receiver. RunwayStats is not responsible for losses arising from these issues.
  4. Limitations of Liability. Except as prohibited by law, RunwayStats, its collaborators, suppliers, licensors, and their officers, directors, employees, and agents are not liable for accidents, property damage, personal injury, death, or any indirect, incidental, consequential, punitive, special, or exemplary damages arising from the sale, use, performance, or non-performance of the receiver. RunwayStats' total liability will not exceed the amount paid for the receiver or, if provided at no charge, the amount pre-paid for any related service. These limitations apply even if a stated remedy fails its essential purpose.
  5. We are not responsible for any special, indirect, incidental, punitive, exemplary, or consequential damages related to the Equipment or service, regardless of the cause. Some jurisdictions do not allow these limitations, so they may not fully apply to you.
  6. Indemnification. To the extent permitted by law, you agree to indemnify, defend, and hold harmless RunwayStats, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, partners, and licensors from any third-party claim or demand, liability, damages, and/or costs arising from:
    1. your use of the website or services;
    2. your User Submissions;
    3. your violation of any rights of another; or
    4. your violation of this Agreement.
  7. Third-Party Links. Our website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
  8. This section survives the termination of the agreement.

VII. LEGAL TERMS AND JURISDICTION

  1. Notice. Notices to you will be deemed given when personally delivered, addressed to you at your last known address and deposited in the U.S. Mail, or sent via internet to the e-mail address you provided us. Your notices to us will be deemed given when we receive them at the telephone number or email address listed on the first page of this Agreement.
  2. Applicable Law. The interpretation and enforcement of this Agreement and any disputes related to your agreements or Service with RunwayStats shall be governed by the rules and regulations of the Federal Communications Commission, other applicable federal laws, and the laws of the state of Colorado, without giving effect to any choice of law or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal or state courts located in jurisdiction to which the RunwayStats equipment is operating.
  3. Assignment of Account. We may assign your account or this Agreement and all rights and/or obligations hereunder to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale of substantially all of RunwayStats assets to another entity. You hereby consent to such assignment. You must continue making all required payments to us in accordance with your billing statement, unless notified otherwise.
  4. Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
  5. Complete Agreement. This Agreement, including all referenced documents and attachments, constitutes our entire agreement. No salesperson or other representative is authorized to change it. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of the Agreement will remain enforceable.
  6. Changes to Agreement. RunwayStats reserves the right to modify this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

VIII. ONLINE ACCESS

  1. Contact Information. With regard to all telephone numbers, including cellular numbers, you or an Authorized User choose to provide on your account, you and/or such Authorized User expressly consent and agree to receive business and informational calls relating to your Service to such numbers.
  2. Online Access. You can access and manage your RunwayStats account online. We reserve the right to modify security settings and impose security requirements, which can change over time, to protect against actual or potential fraud, unauthorized access, and other suspicious account activity. You agree to: (i) keep your ID, password, and other log-in credentials confidential (ii) notify us immediately of any online security breach (iii) reset your ID, password, or other log-in credentials if you have reason to believe they have been, or might be compromised

IX. PRIVACY POLICY

  1. This Policy applies to you and anyone who uses the Service under your account, except where separate privacy policies or terms and conditions may apply.
  2. You are responsible for making sure all users under your account understand and agree to this Policy.
  3. We collect information about you and how you're using the Service along with information about your devices and equipment.
    1. Account information includes things like contact and billing information, such as name, e-mail address, address or postal code, payment method, telephone number, service-related details and history and similar information. It also includes technical, equipment and usage information that relate to the Products and Services, such as preferences or account settings.
    2. Online information includes internet protocol addresses and URLs, pixels, cookies and similar technologies, and identifiers such as advertising IDs and device IDs. It can also include information about the time you spend on websites or apps, the links or advertisements you see or interact with.
    3. Demographic and interest information includes information about you that we get from you directly or infer ourselves to better tailor our subscriptions to you.
    4. Equipment information includes information that identifies or relates to your equipment, like your computer, tablet, or phone used with our Products and Services, such as type, identifier, status, settings, configuration, software, or use.
    5. Network performance and usage information includes information about the networks used to deliver our Products and Services, including connection information.
    6. Location information includes the location of the device used to access our Products and Services. Location information is generated when the devices, Products or Services you use interact with cell towers, Wi-Fi routers, Bluetooth services, access points, other devices, beacons and/or with other technologies, including GPS.
  4. We collect your information in 3 ways:
    1. You give it to us when you make a purchase, set up an account or otherwise communicate with or provide it to us.
    2. We automatically get it when you use, or your device uses, the Service.
    3. We get it from outside sources like credit reports, marketing mailing lists, and commercially available geographic and demographic information, along with other available information.
  5. We use your information, generally speaking, to provide and improve the Service. As we describe below, that may include using your information for related uses such as communicating with you, marketing the Service, preventing fraud, and for billing, and research purposes.
  6. Here are examples of ways we use your information:
    1. Providing the Service.
    2. Contacting you.
    3. Improving your experience and protecting the Service we offer. This includes things like customer care, security, verifying or authenticating your identity, detecting, and preventing fraud, delivery, billing and collection, protecting your financial accounts, authorizing transactions and the development of future products and Services.
    4. Helping us plan, deploy, improve, protect, and defend our infrastructure, protecting our property and legal rights, and for other lawful purposes.
    5. Helping us understand which products, Services, and offers may interest you, creating engaging and customized experiences and offering new or improved Services to you.
    6. For security purposes, including preventing and investigating illegal activities and violations of our Terms, Use Policies and other service conditions or restrictions.
    7. Protecting your rights and our rights and complying with legal obligations.
    8. Any other purpose that is disclosed to you at the time we collect the information or is related to a request made by you.
  7. Sharing your information.
    1. We may share information with any party when we have your consent or when you otherwise choose to share such information.
    2. Sharing information with other non-RunwayStats companies or entities:
      1. There are times when we provide information to other companies and entities, such as government agencies, credit bureaus and collection agencies, without your consent for reasons such as:
        1. complying with court orders, subpoenas, lawful discovery requests and as otherwise authorized or required by law;
        2. detecting and preventing fraud;
        3. providing or obtaining payment for our Service;
        4. ensuring operations and security;
        5. notifying, responding, or providing information (including location information) to a responsible governmental entity in emergency circumstances or in situations involving immediate danger of death or serious physical injury; or
        6. enforcing our legal rights, protecting our property, or defending against legal claims.
    3. Sharing Metrics Reports with non-RunwayStats companies:
      1. In such cases, we may use or share information that doesn't directly identify you personally to provide metrics reports to our business customers and service suppliers.
    4. Sharing and collecting location information:
      1. We collect and share location information. Without your location information, we may not be able to provide access to certain Services or features. We may use your location to deliver certain features.
    5. Third parties in connection with certain transactions:
      1. If we sell all or parts of our business, make the transfer of assets, or otherwise might be involved in a change of control transaction, or in the event of bankruptcy, we may transfer information to one or more third parties as a part of the transaction, including the due diligence process.
  8. Security.
    1. We work hard to safeguard your information using a range of technological and organizational security controls.
    2. We maintain and protect the security of computer storage and network equipment, and we use security procedures that require employees to authenticate themselves to access sensitive data. We also limit access to personal information only to those with jobs requiring such access.
    3. No security measures are perfect, however. Accordingly, we can't guarantee the security of your information. If a breach were to occur, we will notify you as required by applicable law.
  9. Data storage, transfer, retention, and accuracy.
    1. Information we collect may be processed and stored in the United States or in other countries where we or our affiliates or service providers process information. By using the Service, you consent to the transfer of information to the United States or other countries where we or our affiliates or service providers process information.
    2. We keep your information as long as we need it for business, tax or legal purposes. After that, we destroy it by making it unreadable or indecipherable.


ADDENDUM A

Subscription Tiers and Add-On Features:

  • Essentials Tier subscriptions include:
    • Operations
    • Monthly reports
    • Emergency Notifications
    • Live View
    • AAC/ADG data
    • Based operations
  • Platinum Tier subscriptions include all Essentials features, plus:
    • Daily and Yearly reports
    • Scheduled operations
    • Playback
    • Heat maps
    • Custom Area Tracking and Reporting
  • Available Add-On Features:
    • Multiple airports
    • ComGuard (communications frequency monitoring and recording)
    • Custom real-time notifications