Terms of Service

Effective Date: These Terms were last updated on December 12, 2025.

These Terms of Service (these “Terms”) govern the relationship between you and Enhanced Radar Corporation, a corporation formed in the State of Delaware, USA (“Enhanced Radar” or “we,” “us,” or “our”) regarding your access to and use of Enhanced Radar's mobile apps, websites, content, products, and any related services (collectively the “Services”). As of the Effective Date, users use the Services for the following purposes:

• Searching and streaming, pilot and air traffic controller audio feeds
• Transcribing, sorting, and tagging pilot and air traffic controller audio feeds
• Summarizing key flight events such as takeoffs, landings, and frequency changes
• Searching, storing, and analyzing historical flight operations data
• Receiving alerts about certain flight events based on background search criteria for pilot and air traffic controller feeds

BY ACCEPTING THESE TERMS WHEN THEY ARE PRESENTED TO YOU, WHETHER THROUGH A POP-UP OR CLICK-THROUGH PAGE, OR AS AN ATTACHMENT TO, OR EMBEDDED IN, AND ORDER FORM OR CONFIRMATION, OR BY DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF ANOTHER PERSON OR ENTITY, BY ACCEPTING THESE TERMS OR BY DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE SERVICES, YOU REPRESENT AND WARRANT YOU HAVE THE AUTHORITY TO BIND THAT OTHER PERSON OR ENTITY.

IF YOU DO NOT HAVE SUCH AUTHORITY, OR YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS WHEN THEY ARE PRESENTED TO YOU, AND YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR OTHERWISE USE THE SERVICES.

ADDITIONALLY, YOU SHALL NOT USE THE SERVICES IF (1) YOU ARE NOT LEGALLY ABLE TO ENTER INTO THESE TERMS FOR ANY REASON;  (2) YOU ARE NOT ALLOWED TO RECEIVE PRODUCTS, INCLUDING SERVICES OR SOFTWARE, FROM THE UNITED STATES, FOR EXAMPLE IF YOU ARE LOCATED IN A COUNTRY EMBARGOED BY THE UNITED STATES OR IF YOU ARE ON THE UNITED STATES TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS; OR (3) YOU HAVE PREVIOUSLY BEEN BANNED FROM USING ANY ENHANCED RADAR PRODUCT OR SERVICE, UNLESS ENHANCED RADAR HAS REVERSED THAT BAN, IN ITS SOLE DISCRETION.

AI Transparency. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO OR USE OF THE SERVICES MAY INVOLVE YOUR INTERACTION WITH ARTIFICIAL INTELLIGENCE TECHNOLOGY (“AI”), WHICH AUTONOMOUSLY OR PARTIALLY AUTONOMOUSLY PROCESSES DATA THROUGH a genetic algorithm, a neural network, machine learning, large language models, or other techniques in order to generate content or make decisions, recommendations, or predictions FOR YOU.

ARBITRATION NOTICE. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT THAT CLAUSE REQUIRES DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE THE ARBITRATION CLAUSE BELOW FOR MORE INFORMATION REGARDING THE POSSIBLE EFFECTS OF THE AGREEMENT TO ARBITRATE AND HOW TO OPT OUT OF THE ARBITRATION CLAUSE.

Certain Services are subject to additional policies, rules, and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”). In those cases, the applicable Additional Terms will be made available to you prior to your access to or use of Services. Furthermore, if you download the Services from an app platform, such as Apple or Google, you must also comply with those third parties' terms of service/use as well as these Terms. This Agreement includes our Privacy Policy, which is incorporated herein.

This Agreement is subject to change by Enhanced Radar at any time, subject to the following notification process. We will notify you about material changes to this Agreement by sending a notice to the email address registered in your Account, or by placing a prominent notice through the Services, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Services.

You should periodically check these Terms for updates. If you do not accept any such material changes (which include pricing changes), you must terminate your affected subscription(s), if any, as set forth in Section 4.3 and terminate your use of the Services as set forth in Section 6.4 below. Any use of the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions hereof.

1. Definitions

“Account” means an account you create when you access and use the Services. In these Terms, references to “Account” or any login credentials associated therewith include your account and login credentials for any platform that you may use to sign into or interact with the Services.

“IPR” means United States and international copyright, trademark, patent, and other intellectual property rights.

“Our Providers” means our third-party content providers, distributors, and licensors.

2. Account

When accessing and using our Services, you may be required to create an Account to use certain features or subscriptions. If you create an Account, you agree to take all steps necessary to protect your login credentials.

You agree that you will not give your Account login credentials to anyone else or allow anyone else to use your login credentials for your Account. If you fail to keep your Account login credentials confidential, or if you share your Account or its login credentials with another user or other person, whether intentionally or unintentionally, you accept full and sole responsibility for the consequences of this. We will not be responsible to you for any such losses, including resulting from any unauthorized or fraudulent use of your Account. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or its login credentials, you shall notify us immediately.

You understand that if you delete your Account, or if we delete your Account in accordance with these Terms, you may lose access to any data previously associated with your Account.  We have no obligation to reinstate your Account. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA IF YOU DELETE YOUR ACCOUNT OR IF WE DELETE YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS.

When you create an Account, you may also need an account with the company that provides your mobile applications, like Apple or Google. You may need to update third-party software from time to time to access and use the Services through your Account.

3. Service Tiers

Free Services. Certain features of the Services are offered free of charge. These are referred to as the “Free Services.”

Paid Services. Certain features of the Services are offered for a paid subscription (the “Paid Services”). Users of the Paid Services are required to register an Account.

The Paid Services may be divided into different subscription levels. Each subscription level will grant access to different features, functionalities, performance, and priority, as documented on the Services or as separately agreed between the parties in an order form or confirmation.

The Paid Services are entered into for a subscription period as documented on the Services or for such period as separately agreed between the parties in an order form or confirmation. All subscriptions for Paid Services are automatically extended by an additional subscription period of the same duration until you or we terminate the subscription.

You may at any time cancel your subscription for Paid Services before the start of the additional subscription period, via your relevant Account settings or mobile device settings (if the latter permits you to cancel subscriptions from there). No subscription fees paid in advance for the then-current subscription period will be refunded, but you will have the right to continue to use the Services until the end of the then-current subscription period prior to such cancellation.

4. Fees and Payments

No fees will be charged for the Free Services.

We will charge you the fees for your subscription to any Paid Services, as documented on the Services or as separately agreed between the parties in an order form or confirmation. You shall pay us the subscription fees for Paid Services in advance. Applicable sales tax is presented at the time of purchase depending on your location. You may affect payment of the subscription fees for Paid Services through any of the means of payment offered by us through the Services. If any payment is not made by the due date, including for any renewal subscription for the Paid Services, your Paid Services subscription will automatically terminate at the end of the then-current subscription period. You are responsible for providing accurate and up-to-date billing and payment information. Failure to provide accurate billing or payment information may result in the suspension or termination of your subscription and/or Account.

We may change the prices for subscriptions to the Paid Services from time to time and will notify you of any such price changes and the timing thereof through as specified above, at least 30 days before such change takes place. Any price change communicated will be applicable for the following subscription period. As permitted by law, you accept the new price for any subscription by continuing to use the related Paid Services after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by terminating your affected subscription to the Paid Services prior to the price change going into effect.

5. Access And Use; Restrictions

You alone shall provide the equipment (computer, phone, tablet, etc.) to access the Services and pay any fees (a) to connect to the Internet and app stores and (b) for data or cellular usage to download, access, and use the Services.

Subject to your agreement to, and your continued compliance with, these Terms, you may use the Services for the purposes set forth above. The right that we grant to you in the preceding sentence is non-exclusive, non-transferable, non-sublicensable, and revocable. You agree not to use the Services for any other purpose, unless we expressly approve of such purpose in writing. You also agree to comply with all applicable laws when accessing or using the Services, and if any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and using the Services immediately. Any rights not expressly granted herein are reserved by Enhanced Radar and Our Providers.

Without limiting the generality of Section 5.2, you shall not, and shall not permit any other user of the Services or other third party to:(a) use or access, or attempt to use or access, the Services, except as expressly provided in these Terms; (b) disobey any terms, requirements, or regulations of any network or platform connected to the Services; (c) create more than one Account per app platform to access and use the Services; (d) use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity or otherwise misrepresent your affiliation with a person, entity, or the Services); (e) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services; (f) use the Services to harm any person or to cause offense to or harass any person; (g) use the Services to send unsolicited communications;(h) use automated scripts to collect information from, or otherwise interact with, the Services; (i) alter, modify, reproduce, or create derivative works of the technology and software underlying the Services; (j) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Services or otherwise make the Services available to, or use the Services on behalf of, any third party; (k) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Services; (l) circumvent or overcome, or attempt to circumvent or overcome, any technological protection measures intended to restrict access to any portion of the Services; (m) monitor the availability, performance, or functionality of the Services; (n) interfere in any manner with the operation or hosting of the Services or attempt to gain unauthorized access to the Services; (o) copy or attempt to copy, in whole or in part, any part of the technology and software underlying the Services; or (p) alter, obscure, or remove any copyright or trademark notice, copyright management information, or proprietary legend contained in or on the Services.

Notwithstanding the foregoing to the contrary, the pilot and air traffic control audio recordings (the “Audio Recordings”) and airline flight information, such as plane location, time since departure, time to destination, altitude during flight, etc. (the “Flight Information”) that we make available through the Services are information that you may reproduce and download, subject to the below restrictions:

You are prohibited from reselling, transferring, redistributing, lending, leasing, sublicensing or manipulating raw data that you may access from the Services via any API connection (“Raw Data”).  This includes, but is not limited to:(i) selling or transferring enriched datasets which contain Raw Data; (ii) manipulating, modifying, or obfuscating any Raw Data in an attempt to materially change the raw, original content and integrity of the data or mask the origins of the data; (iii) using the Raw Data to supplement or backfill any other near-time or real-time flight data sourced from an alternative data provider for any commercial or non-commercial use; (iv) creating persistent local copies of Raw Data; and(v) storing Raw Data on external servers or cloud services not affiliated with us.

You are prohibited from using the Audio Recordings and Flight Information to competitively harm Enhanced Radar, which includes but is not limited to:(i) identifying market trends to leverage against our business; and (ii) developing competing services or products based on the Audio Recordings or Flight Information.

You are explicitly prohibited from using the Audio Recordings and Flight Information for any flight-critical or safety-critical decisions.  This includes, but is not limited to:(i) systems that support or make critical or navigation-based decisions related to air traffic control, flight planning, or flight operations; and (ii) any use in software or systems that directly impact the safety, operation, or management of aircraft in flight.

Any use of the Services in violation of the access and use restrictions contained in this Section 5 is strictly prohibited. We reserve the right to determine whether your conduct violates this Section 5, and to take any action we deem appropriate in accordance with these Terms including, among other things, terminating your Account. IN ADDITION, YOUR VIOLATION OF THIS SECTION 5 MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

6. Updates, Changes, And Termination

Services are evolving, and we may require that you accept updates to the Services. From time to time, we may make you update the Services to continue using them. We may perform these updates remotely, including to Enhanced Radar software residing on your device, without notifying you.

Except as otherwise stated in these Terms or prohibited by applicable law, we reserve the right to stop offering or supporting the Services, or any part of the Services, at any time, either permanently or temporarily, at which point, your right to use the Services or any part of them may be automatically terminated or suspended. IF THAT HAPPENS, UNLESS APPLICABLE LAW OR ANY ORDER FORM OR CONFIRMATION THAT YOU HAVE EXECUTED WITH US REQUIRES OTHERWISE, WE ARE NOT REQUIRED TO PROVIDE REFUNDS, BENEFITS, OR OTHER COMPENSATION TO YOU IN CONNECTION WITH DISCONTINUED ELEMENTS OF THE SERVICES.

Except as otherwise stated in these Terms or in any Order Form that you have executed with us, or except as otherwise prohibited by applicable law, we may, in our sole discretion, (a) limit, suspend, terminate, modify, or delete your Account or access to, and use of, the Services or any part of them; or (b) prohibit access to or remove any data associated with your Account, and we may do the foregoing whether you have breached these Terms or we have any other reason for doing so. IN EACH CASE, UNLESS APPLICABLE LAW OR ANY ORDER FORM THAT YOU HAVE EXECUTED WITH US REQUIRES OTHERWISE, WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU OR ANY THIRD PARTY FOR ANY LOSSES RESULTING FROM THE ACTIONS THAT WE TAKE PURSUANT TO CLAUSES (A)-(B) ABOVE.

For any reason, including your rejection of changes we make to these Terms or pricing, you may stop using the Services, cancel your subscription(s) to Paid Services, and/or delete your Account at any time via your relevant Account settings or mobile device settings (if the latter permits you to cancel subscriptions and/or delete app accounts from there). You may also contact our Customer Support at support@atc.com to request cancellation of any subscription to Paid Services or deletion of your Account. UNLESS APPLICABLE LAW OR ANY ORDER FORM CONFIRMATION THAT YOU HAVE EXECUTED WITH US REQUIRES OTHERWISE, WE ARE NOT REQUIRED TO PROVIDE REFUNDS, BENEFITS, OR OTHER COMPENSATION IF YOU CANCEL ANY SUBSCRIPTION TO THE PAID SERVICES OR DELETE OF YOUR ACCOUNT.

We will notify you if we decide to take any action pursuant to Section 6.2 or 6.3above, unless: (a) we are reasonably unable to notify you under the circumstances; (b) we are taking such action to comply with a legal obligation, which does not include a prior notice obligation; (c) notification is not possible due to a legal obligation to take immediate action; or (d) we reasonably believe that providing notice is likely to materially harm a third party, including Our Providers.

7. Ownership

The Services are comprised of works that are owned or licensed by Enhanced Radar, and they are protected by all applicable IPR and applicable laws. The Services and all rights, title, and interest therein are and shall remain the property of Enhanced Radar and Our Providers. This may include without limitation all mobile applications, software (including server software), websites, maps, graphics, animations, art, concepts, content, audio sounds and effects, visual effects, methods of operation, and documentation appearing and/or originating in our Services. Neither these Terms nor your use of the Services convey or grant to you any rights: (a) in or related to the Services, except for the limited rights granted in Sections 5.2 and 5.4 above; or (b) to use or reference Enhanced Radar or Our Providers' company names, logos, product and service names, or marks.

If you provide us with any unsolicited ideas, suggestions, proposals, comments, or materials regarding the Services (collectively, “Feedback”), then you agree that (a) the Feedback will be non-confidential and non-proprietary;  (b) we shall have no obligations concerning the Feedback, including but not limited to, no obligation to return any materials or acknowledge receipt of any Feedback; and (c) we may use, copy, distribute, perform, display, publish, create any derivative works from, or disclose the Feedback for any purpose and in any way, without any compensation to you or any third party.

8. Links To Third Parties

Sometimes we provide links on the Services to third-party websites or to third-party ads. Any charge or obligation you take on in dealing with these third parties is your responsibility. We are not responsible for any third-party website or ad that we link to in the Services, and such a link does not mean we endorse or approve that linked website or any information you obtain from it. WE ARE NOT LIABLE FOR ANY CLAIM RELATING TO ANY CONTENT, GOODS, AND/OR SERVICES OF THIRD PARTIES.

Please also note that third-party websites linked to the Services are not under our control and may collect personal data or other information from you (including by automatic means) unless you opt out of such collection. We are not responsible for how the third parties operating such websites collect, use, or share the information that they receive from you.

9. Your Breach Of These Terms

Without limiting any of our remedies at law or in equity, and without limiting any other provision of these Terms, if we believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the take any of the actions described in clauses (a)-(b) of Section 6.3 hereof. You agree to compensate us, according to applicable law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you. IN EACH CASE, UNLESS APPLICABLE LAW OR ANY ORDER FORM OR CONFIRMATION THAT YOU HAVE EXECUTED WITH US REQUIRES OTHERWISE, WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU OR ANY THIRD PARTY FOR ANY LOSSES RESULTING FROM THE ACTIONS THAT WE TAKE PURSUANT TO THIS SECTION.

If you think that any action that we have taken pursuant to Section 9.1 was taken wrongly because you believe that you have not materially breached these Terms, please contact our Customer Support at support@atc.com. We will reverse any such action if we have good cause to believe such action was not sufficiently justified. We will notify you if we decide to take any action pursuant to Section 9.1 above, unless: (a) we are reasonably unable to notify you under the circumstances;  (b) we are taking such action to comply with a legal obligation, which does not include a prior notice obligation;  (c) notification is not possible due to a legal obligation to take immediate action; or (d) we reasonably believe that providing notice is likely to materially harm a third party.

10. Disclaimer

We make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free.  

USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ENHANCED RADAR MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, AND ENHANCED RADAR HEREBY DISCLAIMS ANY SUCH REPRESENTATIONS, WARRANTIES, CONDITIONS, AND OTHER TERMS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. If your country, state, or province of residence does not allow these disclaimers, then they do not apply to you to the extent of the prohibition.

11. Indemnity

To the maximum extent permitted by applicable law, you hereby agree to indemnify, defend, and hold harmless Enhanced Radar, its affiliates, and its and their respective officers, directors, members, managers, shareholders, investors, employees, agents, contractors, providers, licensees, customers, successors-in-interest, and assigns (“Indemnified Parties”) from any and all claims, suits, demands, actions, losses, liabilities, damages, judgments, settlements, awards, interest, fines, penalties, fees, expenses and costs (including reasonable attorneys’ fees and dispute resolution costs) (collectively, “Claims”) arising in any manner from: (1) your access to, or use of, the Services; or (2) your breach of any representation, warranty, or other provision of these Terms.

We will have the right to participate in the defense of any Claim and hire counsel of our choosing. The Indemnified Parties are third party beneficiaries of these Terms and may enforce them. If you reside in California, USA, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

12. Limitation of Liability

YOU AGREE THAT THE INDEMNIFIED PARTIES (AS DEFINED ABOVE) WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING VIRTUAL ITEMS. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, EMOTIONAL, PERSONAL INJURY, PROPERTY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, STATUTE, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE). THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES OF ANY KIND ARISING IN CONNECTION WITH (A) YOUR USE OF, OR YOUR INABILITY, TO USE THE SERVICES;  (B) ANY INFORMATION OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES;  (C) THE PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES;  (D) BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF REVENUES OR PROFITS, OR LOSS OF OPPORTUNITY;  (E) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES; (F) BUGS, VIRUSES, OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES;  (G) BREACHES, THEFT, OR UNAUTHORIZED DISCLOSURE OF ANY INFORMATION OR DATA TRANSMITTED TO, ON, OR THROUGH THE SERVICES; OR (H) ANY OTHER LOSS, HARM, OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. THESE LIMITATIONS APPLY EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES IS LIMITED TO THE TOTAL AMOUNT OF FEES YOU HAVE PAID ENHANCED RADAR IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

Some states, provinces, and countries do not allow certain of the limitations or exclusions of liability described above, which means these limitations or exclusions may not apply to you if you reside in one of those states provinces, or countries. IN FURTHERANCE OF THE FOREGOING, NO MATTER WHERE YOU ARE LOCATED, THE INDEMNIFIED PARTIES’ LIABILITY FOR THEIR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD SHALL NOT BE LIMITED.

YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OR PERMIT YOU TO USE THE SERVICES WITHOUT THESE LIMITATIONS ON OUR LIABILITY, AND YOU ACCEPT THESE LIMITATIONS ON OUR LIABILITY. TO THE EXTENT A COURT OR ARBITRATOR FINDS ANY PORTION OF THIS SECTION 12 UNENFORCEABLE, YOU AGREE THAT THE REMAINING PORTIONS OF THIS SECTION 12 ARE STILL ENFORCEABLE AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Data Privacy

You acknowledge that you have read and understood our Privacy Policy. Notwithstanding anything in the Privacy Policy, we will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information resulting from your access to, and use of, the Services. To the extent any such non-personally identifiable data or information is collected or generated by us, the data and information will be solely owned by us and may be used by us for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof.

14. Resolving Our Disputes; Agreement To Arbitrate

You and Enhanced Radar agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services; any validity, interpretation, breach, enforcement, or termination of these Terms; or otherwise relating to Enhanced Radar in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 14.

Pre-Arbitration Informal Resolution. You and Enhanced Radar agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Enhanced Radar therefore agree that, before either demands arbitration against the other, you and Enhanced Radar will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any Covered Dispute Matter. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Enhanced Radar that you intend to initiate an informal dispute resolution conference, send such notice to: support@atc.com. The notice must be sent by email and include the same level of detail as is required by the Rules (defined below) for a demand for arbitration, as well as your full name, address (including street address, city, state/province/region, zip code, and country), email address (the one associated with your Account, if any), and primary telephone number. If you and Enhanced Radar are unable to resolve the Covered Disputer Matter within 60 days of when the notice is received, then the claimant may file a demand for arbitration. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this Section.

Applicable Law. You and we agree that these Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Federal Arbitration Act applies to these Terms and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings agreed to by you and us hereunder.

Arbitration. Any and all Covered Dispute Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its rules then in effect (“Rules”). In order to initiate arbitration following the conclusion of the informal dispute resolution process required above, a party must provide the other party with a written demand for arbitration and file the demand with the AAA. If you initiate arbitration against Enhanced Radar, you must send the written demand for arbitration to 2824 Folsom Street, San Francisco, California 94110, USA, via nationally recognized overnight carrier. Additionally, if you initiate arbitration against Enhanced Radar, you must send an electronic version of the demand for arbitration to the AAA, and you must send an electronic version of the as-filed demand to us at support@atc.com. signing the demand for arbitration, a party’s counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution;  (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under United States Federal Rule of Civil Procedure 11 or any other applicable law for either party’s violation of this requirement.

You and we agree the arbitration will be conducted by a single arbitrator and that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and we agree that the arbitrator, and not any federal, international, state/provincial/regional, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of this arbitration agreement is void or voidable or a particular claim is subject to arbitration. The arbitrator will apply the governing law set forth in these Terms to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms or grant any relief not permitted herein or beyond the relief permitted herein. For matters where the relief sought is over $5,000 USD, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitration shall take place in San Francisco County, California, USA; however, desk, phone, or video conference proceedings may be utilized where appropriate and permitted to mitigate costs of travel. Payment of all filing, administration, arbitrator fees, and other costs of arbitration will be governed by the Rules, unless otherwise stated in this agreement to arbitrate. You and we agree that the arbitrator’s award shall be final and binding, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

The AAA’s Mass Arbitration Supplementary Rules (the “Supplement”) shall apply to any Mass Arbitration filed against Enhanced Radar. The term “Mass Arbitration” means 25 or more similar demands for arbitration filed against Enhanced Radar by individual claimants represented by either the same law firm or law firms acting in coordination. Within 60 days of the filing of a demand for arbitration that is part of a Mass Arbitration, the parties will initiate a global mediation of the Mass Arbitration. The mediator will be appointed by AAA unless the parties can agree on a mediator. The mediation shall take place concurrently with the arbitrations and shall not act as a stay of the arbitration proceedings, unless agreed to by the parties. The fees charged by the mediator and any administrative fees charged by AAA associated with the mediation, will be paid by Enhanced Radar.

Injunctive and Declaratory Relief. Except as provided below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and 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 claim. To the extent that you or we have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction, and not in arbitration, after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

Exceptions to Arbitration. There are only two exceptions to this agreement to arbitrate: (a) first, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the IPR of the other party, the party whose IPR have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction; and (b) second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.

Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to the arbitration clause in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Enhanced Radar prior to the effective date of the amendment. However, the amendment shall apply to all other Covered Dispute Matters governed by the arbitration clause that have arisen or may arise between you and Enhanced Radar. If you do not agree to the amended terms of the arbitration clause, you must notify us in writing at support@atc.com within 30 days of our posting to the Services, or notification to you, of the amendment(s) to the arbitration clause, and you must immediately cease accessing and using the Services, in which case you will not be bound by such amendment(s); provided, however, that if you continue to access or use the Services despite sending us such a notice, that notice shall be deemed rescinded, and you shall be deemed to have agreed to such amendment(s).

Judicial Forum for Legal Disputes. Unless you and we agree otherwise and except for claims in small claims court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular Covered Dispute Matter, either as a result of your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court presiding over San Francisco County, California, USA. You and we agree to submit to the exclusive personal jurisdiction and venue of the courts presiding over San Francisco County, California, USA. for the purpose of litigating all such claims or disputes.

YOU MAY OPT OUT OF ARBITRATION. IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO support@atc.com (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. In order to opt out, you must email your full name, address (including street address, city, state/province/region, zip code, and country), email address (the one associated with your Account, if any), primary telephone number, and an unaltered digital image of your valid driver’s license or other national, state, provincial, or regional identification card to support@atc.com. This procedure is the only way you can opt out of the arbitration clause. If you opt out of the agreement to arbitrate, all other parts of the arbitration clause and the remainder of these Terms continue to apply to you. Opting out of the arbitration clause has no effect on any previous, other, or future arbitration agreements that you may have with us.

YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS ARBITRATION CLAUSE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (A) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (B) TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION (EXCEPT AS OTHERWISE SET FORTH HEREIN), OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (C) TO A TRIAL BY JURY.

If a decision is issued stating that applicable law precludes enforcement of any of this Section’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought into a state or federal court presiding over San Francisco County, California, USA. All other claims shall be arbitrated.

STATUTE OF LIMITATIONS FOR YOUR CLAIMS.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

15. Governing Law

This Agreement, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, USA, including Delaware’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the United States Federal Arbitration Act shall govern the interpretation and enforcement of Section 12.

16. Severability

Each of the provisions of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable provision will be substituted with a provision that comes as economically close to the unlawful or unenforceable provision as possible.

17. Assignment

We may assign our rights, or delegate our obligations, under these Terms to any person or entity at any time with or without your consent. You may not assign your rights, or delegate your obligations, under these Terms to anyone without first getting our prior written consent, and any attempt to do so without our consent is void.

18. Entire Agreement

These Terms, and any other policies, rules, or terms that we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy, or precedent, between you and us.

19. Language

If we provide a translated version of these Terms or any other policies, rules, or terms, it is for informational purposes only. If the translated version means something different from the English version, then the English version will be the one that applies.

20. No Waiver

If we do not enforce our rights under these Terms that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

21. Notices

If we are required to give you notice of something according to the Terms, we may notify you by posting a message on our Services, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us. If you are required give us notice of something according to these Terms, the notice must be in writing and addressed to 2824 Folsom Street, San Francisco, California 94110, USA or support@atc.com, unless we have provided a more specific way of notifying us.

22. Force Majeur

We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

23. For Mobile Apps

The following terms apply when you download our mobile app from a third-party store or library provider (each, a “Mobile App Store Provider”), including the Apple App Store or the Google Play Store:

You acknowledge that these Terms are entered into between you and Enhanced Radar and, that no Mobile App Store Provider is a party to these Terms other than as third-party beneficiary as contemplated below.

You are granted a non-transferable license to use the Services on a device branded by the Mobile App Store Provider, which is owned or controlled by you and only as otherwise permitted in any the usage rules set forth by the Mobile App Store Provider (and no provision of these Terms shall be deemed to be in conflict with any such usage rules). However, the Services may also be accessed and used on other devices if accessed and used via a family sharing plan or volume purchasing program.

You acknowledge that Enhanced Radar, and no Mobile App Store Provider, is responsible for providing the Services.

You acknowledge that Enhanced Radar, and no Mobile App Store Provider, has the obligation to furnish all maintenance and support services to you with respect to the Services.

To the maximum extent not prohibited by applicable law, no Mobile App Store Provider will have any warranty obligation whatsoever with respect to the Services except that if we breach any warranty (if any) that we have made to you regarding the Services, the Mobile App Store Provider may refund to you certain fees that it has collected (if any) related to your download or use of the Services. All other claims, losses, liabilities, damages, costs or expenses attributable to the Mobile App’s failure to conform to any warranty that we have made to you (if any) will be our sole responsibility. The foregoing does not limit our above disclaimers of liability for refunds.

Subject to the terms and conditions of this Agreement, including any limitations of liability, you acknowledge that, solely as between any Mobile App Store Provider and Enhanced Radar, Enhanced Radar is responsible for addressing any claims you or any third party may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (a) product liability claims;  (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

Further, subject to these Terms, including any limitations of liability, you agree that in the event of a third-party claim that the Services, or your possession and use of the Services, infringes on a third-party’s IPR, we, and no Mobile App Store Provider, shall be solely responsible for the investigation, defense, settlement and discharge of any such IPR infringement claim.

All Mobile App Store Providers and their subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.