Terms of Service

The agreement

These Terms of Service are entered into between Digital Envision LLC (“DMC Pilot”, “we”, “us”) and the organization subscribing to the platform (“Customer”, “you”). They apply from the earlier of the date you first access the platform and the start date on your Order.

The agreement between us consists of these Terms, the Data Processing Addendum, the Acceptable Use Policy, and any Order Form or written subscription confirmation. Where an Order conflicts with these Terms, the Order prevails for the subject it addresses. Where these Terms conflict with the Data Processing Addendum on the handling of personal data, the Addendum prevails.

If you are accepting these Terms on behalf of an organization, you confirm you are authorized to bind it. If you are not, you may not use the platform.

Definitions

• Platform, the DMC Pilot software provided as a hosted service, including its web application, APIs and the token-based portals it generates.
• Customer Data, all data you or your Users submit to the platform, or that is submitted through a portal you issue, including programs, attendee records, vendor records, documents, images and messages.
• User, a person you have invited to an account within your organization.
• External Recipient, a vendor, client contact, driver, photographer, attendee or guest who reaches a portal through a link you issue, without holding an account.
• Order, the document or written confirmation recording your plan, term, seat count and fees.

Access to the platform

Access is by invitation only. There is no self-service registration: an organization is created by us, and Users within it are created by your administrators. We grant you a non-exclusive, non-transferable right to access and use the platform during the term, for your internal business purposes and for operating events for your clients, subject to the plan and seat limits on your Order.

You may not resell, sublicense or make the platform available to a third party as a service of your own. Issuing portals to External Recipients in the ordinary course of running a program is expressly permitted. It is what the platform is for.

Features vary by plan. We may add, change or remove features, and where we remove functionality you materially rely on we will give you reasonable notice and, if you ask within 30 days, a pro-rata refund of prepaid fees for the remainder of the term.

Accounts and security

You are responsible for your Users' actions, for keeping credentials confidential, and for the accuracy of the permissions your administrators assign. We provide the controls: a permission model across fourteen product areas, membership-scoped program access, time-based two-factor authentication available to every User, and single sign-on with optional organization-wide enforcement on the Enterprise plan. Configuring them appropriately is yours.

Tell us promptly at security@dmcpilot.com if you believe an account has been compromised. We may suspend an account immediately where we reasonably believe it presents a security risk, and will tell you why.

Vendors, clients and guests

External Recipients do not receive accounts or passwords. They reach a specific, revocable link scoped to exactly what they need, a vendor sees their booking, a client sees their own program and their own attendees, a driver sees their run. This is a deliberate design choice: thousands of outsiders touch a season, and standing credentials for all of them would be a standing risk.

You control what a portal exposes and for how long, and you are responsible for sending links to the right people. Where you invite an External Recipient to submit data, such as a vendor confirming a booking or an attendee completing a waiver, that data becomes Customer Data.

Your data

Customer Data is yours. You retain all right, title and interest in it. We claim no ownership and acquire no license beyond what is necessary to provide the platform to you: to host, store, transmit, back up, index, display and process it on your instructions, and to disclose it to the subprocessors listed at /subprocessors for those purposes.

We do not use Customer Data to train artificial intelligence models, we do not sell it, and we do not use it to build products or profiles. Where we publish aggregate statistics about platform usage they contain no Customer Data and identify no customer, person or organization.

You are responsible for having the right to submit the Customer Data you submit, and for the notices and lawful bases required for it, particularly for dietary requirements and allergies, which are special category data, and for staff location where you use time tracking. The Data Processing Addendum sets out the division of responsibility.

Data protection

For Customer Data containing personal data, you are the controller and we are the processor. Our obligations, the subprocessor list, our security measures, breach notification and the assistance we owe you on data subject requests and impact assessments are set out in the Data Processing Addendum, which is incorporated into these Terms.

We will process personal data only on your documented instructions, which these Terms and your configuration of the platform constitute, and will tell you if we believe an instruction breaches applicable data protection law.

Acceptable use

The Acceptable Use Policy forms part of these Terms. In short: do not attack the platform, do not use it to break the law or infringe rights, do not use it to send unsolicited bulk messages, and do not attempt to reach another organization's data. We may suspend access for a serious or repeated breach, and will act proportionately and tell you what we found.

We do not monitor the content of Customer Data as a matter of course, and we do not read your messages or documents to police them. Where a breach is reported to us or becomes apparent, we will investigate.

AI features

The platform includes AI features: an assistant, document and manifest parsing, drafting help, research, and suggested actions. Three things you should hold us to, and one you should hold yourself to.

• Requests are routed with data collection denied, so no provider that trains on inputs is used. Requests capable of carrying health data use zero-retention endpoints only.
• Where the assistant can change data it does so through the same permission checks that apply to a person, and AI-sourced changes are labeled as such in the audit trail.
• Your AI usage is metered and visible to you. Where a plan's allowance is exhausted, AI features stop after a grace period rather than silently generating charges.
• Output requires your judgment. Generative models can be confidently wrong. Proposals, cost calculations, parsed manifests, transfer plans and research summaries are drafts for a competent person to check, not decisions. Do not put an unreviewed model output in front of a client, and do not rely on one for anything involving safety, immigration, insurance or money.

Plans, fees and billing

Fees, currency, billing period and included capacity are those stated on your Order; current published pricing is at /pricing. Subscriptions are billed per organization in advance, monthly or annually, and fees are exclusive of taxes, which you are responsible for except where we are required to collect them.

Where your use exceeds the capacity included in your plan, seats, programs, storage or AI usage, the excess is charged at the per-unit rates on your Order or the published rates then in effect. Usage that will incur a charge is visible in the product before it does, and we will not invoice for an overage we did not show you.

Invoices are payable within the period stated on them. If payment fails we will retry and contact you; if an invoice remains unpaid we may suspend access after written notice, and we will not delete Customer Data during a suspension for non-payment. Fees are non-refundable except where these Terms say otherwise or the law requires it.

We may change pricing with at least 60 days' written notice, effective at your next renewal. A price change never takes effect mid-term on a committed annual plan.

Trials and credits

Where we grant a trial, an extension, a free period, a discount or complimentary credit, it applies for the stated period and on the stated terms, and we may end a trial early for misuse. At the end of a trial, access requires a paid subscription; if you do not subscribe, your Customer Data is retained for 30 days so that you can export it, and is then deleted.

Intellectual property

We own the platform, its software, design, documentation and all improvements to it. You own Customer Data and your own marks and content. Nothing in these Terms transfers ownership either way.

If you give us feedback or suggestions, we may use them to improve the platform without obligation to you. This covers ideas about the product; it gives us no right to Customer Data.

Confidentiality

Each of us may receive information the other treats as confidential, for you, that includes Customer Data, your costing, your margins and your client list; for us, non-public aspects of the platform and our pricing to you. Each will protect the other's confidential information with at least reasonable care, use it only for the purposes of this agreement, and disclose it only to people who need it and are under equivalent obligations.

This does not apply to information that is public through no fault of the recipient, independently developed, or lawfully received from a third party. Where disclosure is legally compelled, the recipient will give notice where it is permitted to do so.

Third-party services

The platform integrates flight data, mapping, email delivery, payments and AI model providers, and can connect to systems you choose. Those services are operated by third parties on their own terms, and we are not responsible for their acts, omissions or availability. Where a third-party service degrades, the platform is built so the record stays readable and the rest of a program keeps running.

Where you direct us to connect the platform to a system of yours, you are responsible for that system and for the credentials you provide.

Availability and support

We work to keep the platform available and monitor it continuously, with errors alerting us directly rather than waiting for you to notice. We perform maintenance in a way designed to avoid interruption and will give advance notice of anything expected to cause it.

We do not currently offer an uptime service level agreement. The product is at an early stage and we do not have the operating history to stand behind a percentage, so we will not publish one; a committed SLA, where agreed, will be a schedule to your Order rather than a statement on a website. Support is provided by email during business hours, with response targets stated on your Order where you have them.

Warranties and disclaimers

We warrant that we will provide the platform with reasonable skill and care, that it will perform materially as described in our documentation, and that we will not materially reduce its security during your term.

Beyond that, and to the maximum extent the law permits, the platform is provided “as is”. We do not warrant that it will be uninterrupted or error-free, that it will meet every requirement you have, or that third-party data it surfaces (flight status, mapping, model output) is accurate or complete. Nothing here excludes a warranty or right that cannot lawfully be excluded, including under consumer law where it applies to you.

Limitation of liability

Neither of us is liable for indirect, incidental, special or consequential loss, or for lost profits, lost revenue, lost goodwill or lost data, however caused, even if advised of the possibility.

Each party's total liability arising out of this agreement is capped at the fees paid or payable by you in the twelve months before the event giving rise to the claim.

Those limits do not apply to: your obligation to pay fees; either party's liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; a party's indemnity obligations under §18; or any liability that cannot lawfully be limited. Where a claim arises from a breach of the Data Processing Addendum or of confidentiality, the cap is as stated in the Addendum or, if none, twice the amount above.

Indemnities

We will defend you against a third-party claim that the platform infringes that party's intellectual property rights, and pay damages finally awarded or agreed in settlement. If such a claim arises we may modify the platform, obtain a license, or terminate the affected subscription with a pro-rata refund. This does not cover a claim arising from Customer Data, from your use of the platform in breach of these Terms, or from a modification you made.

You will defend us against a third-party claim arising from Customer Data or from your use of the platform in breach of these Terms or the Acceptable Use Policy, including a claim that Customer Data infringes a right or was submitted without the necessary lawful basis or notices.

In each case the indemnified party must notify the other promptly, allow it to control the defense, and cooperate reasonably. No settlement admitting liability may be made without the indemnified party's consent.

Term and termination

The subscription runs for the term on your Order and renews for successive equal periods unless either of us gives notice at least 30 days before the end of the current term.

Either of us may terminate for material breach that is not cured within 30 days of written notice, or immediately if the other becomes insolvent. We may suspend access immediately for a security risk, for non-payment after notice, or for a serious breach of the Acceptable Use Policy, suspension is not termination, and we will restore access once the cause is resolved.

On termination your right to access the platform ends. Fees already due remain payable. Sections on data, confidentiality, intellectual property, liability, indemnities and governing law survive.

Getting your data out

This section is deliberately specific, because a system of record you cannot leave is a commercial risk to you rather than a feature for us.

During your term you can export programs, attendees, vendors, financials and documents from the product at any time, without asking us and without a fee. On termination we retain Customer Data for 60 days so that you can complete an export, and will provide a complete machine-readable copy on request during that window at no charge. We will not withhold your data over a commercial dispute.

After 60 days we delete Customer Data from live systems. Backups are immutable for their retention period and expire on their own schedule, after which no copy remains. We will confirm deletion in writing if you ask, and will keep data longer if you ask us to in writing or if the law requires it.

Changes

We may update these Terms. For a change that materially affects your rights or obligations we will give at least 30 days' notice by email or in the product, and if you object you may terminate before it takes effect and receive a pro-rata refund of prepaid fees. Continued use after the effective date is acceptance. Other changes, clarifications, new features, contact details, take effect on posting, and the effective date at the top always reflects the current version.

Publicity

We will not use your name, logo or the fact that you are a customer in marketing without your prior written consent. If you give it, you may withdraw it at any time and we will stop using the material within a reasonable period.

General

Neither of us may assign this agreement without the other's consent, except to a successor in a merger or sale of substantially all assets, on notice. Neither is liable for a failure caused by an event beyond its reasonable control, though this does not excuse payment. If a provision is unenforceable, the rest stands and that provision is read down to the minimum extent necessary. A failure to enforce a right is not a waiver of it. Nothing here creates a partnership, agency or employment relationship. This agreement is the entire agreement between us on its subject and supersedes prior discussions, except that nothing excludes liability for fraud.

Notices to us go to legal@dmcpilot.com; notices to you go to the administrative contact on your account. There are no third-party beneficiaries.

Governing law

This agreement is governed by the laws of the State of Delaware, United States of America, and the courts of the State of Delaware have exclusive jurisdiction, without prejudice to either party's right to seek injunctive relief in any competent court. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting proceedings, each of us will escalate the dispute to a senior representative and attempt in good faith to resolve it within 30 days. This does not prevent either party from seeking urgent relief.