Terms and Conditions

Version 1.2 (Effective August 7, 2026) · Last Updated: August 7, 2026

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "user") and Torque Aviation LLC ("Torque," "we," "us," or "our") governing your access to and use of the Torque platform, including all related websites, mobile applications, APIs, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

You accept these Terms in your individual capacity as to your own access to and use of the Service. If you are an authorized representative of an agency and are executing a subscription agreement or order form on that agency's behalf, you represent and warrant that you have authority to bind that agency. Acceptance of these Terms by an individual user does not create, modify, or supersede any agreement between Torque and that user's agency.

For purposes of these Terms, "Agency" means the public safety aviation agency or other organization that has authorized your access to the Service or that purchases or subscribes to the Service. "Authorized User" means an individual who has been authorized by an Agency to access or use the Service through that Agency's account. References to "you" or "your" mean the individual Authorized User unless the context expressly refers to the Agency, and references to "your agency" mean the Agency.

2. Description of the Service

Torque is a flight risk assessment and operational management platform designed for public safety aviation agencies. The Service provides tools for:

The Service is an advisory, decision-support tool. It is designed to assist qualified aviation professionals in assessing risk and maintaining operational records. All information and outputs presented by the Service are advisory only. The Service does not replace pilot judgment, agency standard operating procedures, FAA regulations, or any other regulatory requirements. All operational decisions, including go/no-go flight decisions, remain the sole responsibility of the pilot in command and the agency.

3. Eligibility and Account Registration

3.1 Eligibility

The Service is intended for use by authorized personnel of public safety aviation agencies. To use the Service, you must be at least 18 years of age and be authorized by your agency to create an account.

Certain operational workflows deliver secure, tokenized links by email or SMS (for example, IMSAFE self-assessment requests). Such links are issued only to provisioned account holders who have already accepted these Terms, are unique to a single request, and expire automatically after a limited time. Opening a link requires signing in to the Service, and a link functions only for the account it was issued to; the Service does not issue links or accept submissions from individuals without a Torque account.

3.2 Agency Registration and User Invitations

Each agency using the Service must be registered by Torque or an authorized administrator. Account creation is by invitation only. An agency administrator (or Torque) issues an invitation to an individual's email address; the individual creates an account by accepting the invitation, providing their name, setting a password, and expressly accepting these Terms and the Privacy Policy. Users may optionally provide a phone number and opt in to SMS notifications. There is no self-service registration, and no account can be created without a valid, unexpired invitation.

3.3 Account Responsibilities

You are responsible for:

Torque will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

4. User Roles and Access Control

The Service uses role-based access control. Available roles include Pilot, Tactical Flight Officer (TFO), Supervisor, and Admin, and may be combined (for example, Supervisor/Pilot). Your assigned role(s) determine which features and data you can access within the Service. Your agency administrator is responsible for assigning and managing roles.

You agree not to attempt to access features, data, or administrative functions beyond those permitted by your assigned role(s).

5. Acceptable Use

You agree to use the Service only for its intended purpose: supporting public safety aviation operations, flight safety, and regulatory compliance. You agree not to:

6. Data Ownership and License

6.1 Your Data

The Agency retains all ownership rights in operational data submitted to the Service in connection with Agency operations, including flight logs, crew records, FRAT assessments, shift records, CFS records, maintenance records, training records, and all other operational data ("Agency Operational Data").

Your personal logbook within the Service, meaning the record of your individual flight time and experience, including historical logbook records you import and logbook entries derived from flight activity conducted through the Service, is your personal record ("Personal Logbook Data"), serving the role of a pilot's individual logbook under applicable aviation regulations. Personal Logbook Data does not affect the Agency's ownership of its operational records of the same flight activity; the same flight may be reflected in both Agency Operational Data and your Personal Logbook Data. Agency Operational Data and Personal Logbook Data are, together, "Your Data." Torque does not claim ownership of Your Data.

The Agency grants Torque a limited, non-exclusive, non-transferable license to host, store, process, and display Agency Operational Data solely as necessary to provide, maintain, and improve the Service. Each Authorized User grants Torque the same limited license with respect to that user's Personal Logbook Data. These licenses terminate when the applicable data is deleted from the Service, subject to any retention obligations described in these Terms or our Privacy Policy.

6.2 Torque Intellectual Property and License to You

The Service, including all software, algorithms, user interface designs, risk assessment models, documentation, trademarks, and other intellectual property, is and remains the exclusive property of Torque Aviation LLC. These Terms do not grant you any rights in the Service other than the limited right to use the Service as described herein.

Subject to these Terms and any applicable order form or subscription agreement, Torque grants you and your agency a limited, non-exclusive, non-transferable, non-sublicensable right, revocable as provided in Section 15, to access and use the Service, including any mobile applications or client software Torque makes available, during the applicable subscription term, solely for your agency's internal public safety aviation operations. The Service is licensed, not sold. Torque reserves all rights not expressly granted in these Terms.

6.3 Controller and Processor Roles

Your agency is the controller of operational and personal data submitted to the Service in connection with agency operations. Torque processes such data solely on the agency's behalf and under its direction. Requests from individuals to access, correct, or delete personal data contained in agency operational records should be directed to the agency; Torque will provide reasonable assistance to the agency in responding to such requests. Torque will not delete or alter agency operational records at the request of an individual user absent direction from the agency or a legal obligation to do so.

Personal Logbook Data is maintained for the individual Authorized User. Historical logbook records you import may be corrected or deleted by you at any time. Logbook entries derived from flight activity conducted through the Service reflect underlying Agency Operational Data; corrections to those entries are made through the Agency's operational record processes. You may export your Personal Logbook Data in a portable, machine-readable format; where self-service export is not available within the Service (including after your access to the Service has ended), Torque will provide the export upon request.

6.4 Feedback

If you provide Torque with suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service ("Feedback"), Torque may use, incorporate, and commercially exploit that Feedback without restriction, attribution, or compensation. Torque has no obligation to implement any Feedback. Feedback does not include Your Data, and nothing in this section modifies Section 6.1.

7. Data Handling and Security

Our collection, use, and protection of personal and operational data is governed by our Privacy Policy, available separately. Key commitments include:

You acknowledge that no system is perfectly secure and that Torque cannot guarantee absolute security of Your Data. You are responsible for maintaining appropriate security measures within your own agency, including controlling who has access to Service credentials and account invitations.

8. API Access

Torque may provide programmatic API access to certain Service functions. Any API credentials issued to you must be kept confidential, and you agree to notify Torque immediately if you suspect unauthorized access. Use of the Service, including any authenticated API requests, may be subject to rate limiting. Torque reserves the right to throttle, suspend, or revoke API access at any time if usage violates these Terms, threatens system stability, or compromises the security of the Service.

9. Notifications and Communications

The Service delivers operational notifications via email, in-app messaging, and, if you opt in, via SMS. These notifications include IMSAFE assessment requests, flight log reminders, crew log reminders, currency and qualification expiration alerts, maintenance and aircraft status alerts, DOR sign-off requests, safety report notices, shift notifications, scheduled report deliveries, and other time-sensitive operational messages.

You acknowledge that notification delivery depends on third-party services (email and SMS providers) and network conditions, and that Torque cannot guarantee delivery of every notification. Failure to receive a notification does not relieve you of your professional obligations, including FAA currency requirements and agency operational procedures.

You may manage your notification preferences within the Service at any time. SMS opt-out is available through your account settings or by replying STOP to any Torque SMS message. For full details on SMS usage, see our Privacy Policy.

10. Service Availability

Torque will use commercially reasonable efforts to maintain the availability of the Service. However, Torque does not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

Your agency remains responsible for meeting its own records-retention requirements and standard operating procedures. The Service supports this directly: your agency can generate a complete, machine-readable export of its data from within the Service at any time, and Torque produces monthly archival exports on your agency's behalf. These exports can serve as your agency's retained backup copy of its operational records.

11. Fees and Payment

Access to the Service is subject to subscription fees as described in a written quote issued by Torque to your agency and in the corresponding invoice. Fees, billing frequency, and payment terms are set forth in those documents. Payment of an invoice constitutes the Agency's acceptance of these Terms. Each Authorized User separately accepts these Terms with respect to their individual access to and use of the Service as provided in Section 1. Fees for an agreed subscription term are fixed for the duration of that term. Torque may modify pricing effective at renewal upon at least sixty (60) days' written notice prior to the renewal date. Failure to pay applicable fees may result in suspension or termination of your agency's access to the Service.

12. Modifications to the Service

Torque reserves the right to modify, update, or discontinue any feature of the Service at any time. We will use reasonable efforts to provide advance notice of material changes. Continued use of the Service after a modification constitutes your acceptance of the updated Service. If a modification materially reduces the functionality of the Service, your agency may terminate its subscription upon written notice within thirty (30) days of the modification and receive a pro-rated refund of prepaid fees for the remainder of the then-current term.

13. Disclaimers

ADVISORY USE ONLY. ALL INFORMATION AND OUTPUTS PRESENTED BY THE SERVICE, INCLUDING FRAT RISK SCORES, WEATHER DATA AND WEATHER ESTIMATES, CURRENCY AND QUALIFICATION STATUSES, WEIGHT AND BALANCE RESULTS, AND MAINTENANCE PROJECTIONS, ARE ADVISORY IN NATURE AND ARE PROVIDED FOR INFORMATIONAL AND DECISION-SUPPORT PURPOSES ONLY. THE SERVICE IS NOT A SOURCE OF OFFICIAL WEATHER BRIEFINGS, REGULATORY DETERMINATIONS, AIRWORTHINESS DETERMINATIONS, OR OPERATIONAL AUTHORIZATIONS OF ANY KIND.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Torque uses commercially reasonable efforts to keep the Service accurate, reliable, and available. Many outputs of the Service are computed directly from data your agency and its users enter; for example, weight and balance results depend on the aircraft profiles and weights entered, and currency statuses depend on the flight activity logged. For these reasons, Torque cannot guarantee, and does not warrant, that:

The Service is a decision-support tool, not a substitute for professional judgment. All flight safety decisions, go/no-go determinations, and regulatory compliance obligations remain the sole responsibility of qualified aviation professionals and their agencies. A FRAT score of "low risk" does not guarantee the safety of a flight. A currency status of "current" displayed in the Service does not relieve a pilot of the responsibility to independently verify their own regulatory currency.
Assumption of Operational Risk. Aviation operations inherently involve risk. You and your agency acknowledge that the Service is a decision-support and recordkeeping tool and that you remain solely responsible for evaluating operational conditions, independently verifying information material to flight safety or regulatory compliance, and exercising professional judgment. You and your agency assume the risks associated with operational decisions made using information presented through the Service.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TORQUE AVIATION LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF TORQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TORQUE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOUR AGENCY TO TORQUE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this Section do not apply to liability arising from gross negligence or willful misconduct, or to Torque's indemnification obligations under Section 16.1.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by law.

15. Term and Termination

15.1 Term

These Terms are effective from the date you first access or use the Service and continue until terminated in accordance with this section.

15.2 Termination by You

You may stop using the Service at any time. Your agency administrator may request termination of the agency's subscription by contacting Torque at the address listed below.

15.3 Termination by Torque

Torque may suspend or terminate access to the Service for the reasons listed below. Except where immediate action is necessary to address an active security threat or to comply with a legal requirement, Torque will provide written notice and a period of not less than fifteen (15) days (thirty (30) days for agency non-payment) to cure before suspension or termination takes effect.

15.4 Effect of Termination

Upon termination:

15.5 Preservation and Legal Hold

Upon receipt of a written preservation notice, litigation hold, or investigative request from your agency, from the National Transportation Safety Board, from the Federal Aviation Administration, or from another authority with jurisdiction, Torque will suspend all routine, scheduled, and termination-related deletion of the identified records and will preserve them in place.

Preservation under this Section extends to records that have been soft-deleted within the Service and to associated audit logs. Torque will not resume deletion of preserved records until your agency confirms in writing that the hold is released, or until Torque is otherwise legally permitted to do so.

A preservation obligation under this Section survives termination and overrides the ninety (90) day deletion timeline in Section 15.4. Where a preservation notice does not identify specific records, Torque will preserve all of the agency's data pending clarification. Preservation notices must be sent by email to the address in Section 22 and are effective on receipt.

16. Indemnification and User Responsibility

16.1 Torque Indemnification

Torque will defend your agency against any third-party claim alleging that the Service, as provided by Torque and used in accordance with these Terms, infringes a United States patent, copyright, or trademark, and will indemnify the agency for damages finally awarded or amounts paid in settlement of such claim. If the Service becomes, or in Torque's opinion is likely to become, the subject of such a claim, Torque may at its option and expense: (a) procure for the agency the right to continue using the Service; (b) modify or replace the affected portion of the Service so that it is non-infringing without material loss of functionality; or (c) if neither is commercially reasonable, terminate the affected subscription and refund prepaid fees for the remainder of the then-current term. This Section states Torque's entire obligation and the agency's exclusive remedy for infringement claims. This obligation does not apply to claims arising from Your Data, from modifications not made by Torque, or from use of the Service in combination with products not supplied by Torque.

16.2 User Responsibility

You are responsible for the accuracy and lawfulness of the data you submit to the Service and for your compliance with applicable law, regulation, and your agency's policies when using the Service. Torque is not responsible for any consequences arising from false, fraudulent, or unlawful use of the Service, or from data submitted in violation of these Terms. Nothing in this section limits any remedy available to Torque under these Terms or applicable law.

17. Third-Party Services

The Service relies on third-party providers for certain functions, including email delivery (SendGrid), SMS delivery (Twilio), aviation weather data (AVWX), modeled surface weather data (NOAA Real-Time Mesoscale Analysis, accessed via AWS Open Data), location services (what3words), database, authentication, and file storage (Supabase), backend hosting (Render.com), and web hosting (Netlify). Torque is not responsible for the availability, accuracy, or performance of these third-party services. Your use of the Service is also subject to the terms and policies of these third-party providers to the extent applicable.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state courts of Stanislaus County, California, or in the United States District Court for the Eastern District of California, and you consent to the personal jurisdiction of such courts and waive any objection to venue in those courts.

Where the customer is a public agency, the governing law and venue provisions of any applicable signed order form, subscription agreement, or other written agreement executed by Torque and the Agency control, and the preceding paragraph does not apply to disputes between Torque and that agency. Torque acknowledges that many public agencies are required by law or policy to litigate in their own jurisdiction, and will negotiate governing law and venue in good faith as part of the subscription agreement.

Before initiating any legal action, the parties agree to attempt in good faith to resolve any dispute through informal negotiation for a period of at least thirty (30) days after written notice of the dispute is provided.

19. Changes to These Terms

Torque reserves the right to modify these Terms at any time. When we make material changes, we will notify you by email or through a notice within the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

Where an agency has an active subscription agreement with Torque, material changes to these Terms will take effect at the start of that agency's next renewal term rather than during the then-current term, except where a change is required to comply with law.

20. General Provisions

21. Scope Limitation

The Service is designed to store aviation operational records. It is not designed, and is not authorized by Torque, to store criminal history record information, criminal intelligence, subject or victim personally identifiable information, evidentiary material, or other criminal justice information ("CJI") as defined by the FBI CJIS Security Policy. Call for Service records within the Service are intended for operational documentation (incident type, case reference numbers, scene location, operational counts and outcomes, disposition, video chain-of-custody references, and free-text operational summaries) and should not be used to record CJI, including in free-text fields. Your agency is responsible for ensuring that data entered into the Service, including narrative and note fields, is consistent with this limitation and with the agency's own records policies. Torque does not represent that the Service is CJIS-compliant.

The Service is not a medical record system. Torque is not a HIPAA covered entity or business associate, and information entered relating to medical certificates or crew self-assessment is processed solely for aviation currency and risk-assessment purposes.

22. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Torque Aviation LLC
924 Crestwood Drive
Modesto, CA 95350
Email: support@torqueaviation.com

These Terms and Conditions are effective as of August 7, 2026.