TailYield Terms of Service

1. Who we are and what these Terms cover

TailYield is a software service operated by SWS Holding Company, LLC, a Delaware limited liability company ("TailYield," "we," "us"). These Terms of Service (the "Terms") govern access to and use of the TailYield website and application (the "Service").

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you accept on behalf of a company, trust, family office, ownership group, or other organization, you represent that you have authority to bind that organization, and "Customer" and "you" refer to that organization.

The Service is intended primarily for business and professional use by aircraft owners and their representatives. It is not directed to consumers acting for personal, family, or household purposes, and it is not intended for use by anyone under 18 years of age.

2. What the Service does

TailYield is a narrow decision-support tool for evaluating prospective charter opportunities from the aircraft owner's side. The Service:

• receives charter-opportunity emails and supported attachments that you forward to a private inbound address;
• extracts quote information from that content using artificial-intelligence models;
• requires you to review, confirm, and correct extracted values before any authoritative result is produced;
• applies deterministic calculations using economic assumptions that you configure and certify;
• produces an estimated owner-economics decision card and a classification of Approve, Borderline, Decline, or Insufficient Information against your saved approval policy;
• lets you record a final decision and generate an editable outbound response that is sent only when you explicitly choose to send it;
• maintains a permanent history of your decisions and their supporting calculations.

3. What the Service does not do

The Service is deliberately limited. TailYield does not, and you agree not to rely on it to:

• interpret, apply, or provide advice regarding your aircraft management agreement or any other contract;
• verify aircraft availability or scheduling;
• determine whether any charter flight can legally, safely, or operationally be performed;
• provide aviation-operational, legal, tax, accounting, financial, insurance, safety, or regulatory advice;
• guarantee revenue, profitability, cost accuracy, or final accounting results;
• replace your operator, management company, flight department, aviation counsel, accountant, or any other professional advisor;
• operate, schedule, dispatch, broker, sell, arrange, or perform charter flights or any air transportation;
• automatically approve, decline, authorize, or reject any charter trip — the final decision is always made and recorded by you.

4. Your responsibilities

You are responsible for:

• entering accurate economic assumptions for each aircraft and keeping them current;
• confirming the applicable revenue split for each opportunity;
• reviewing all extracted values against the source evidence and correcting extraction errors before relying on any calculation;
• evaluating the underlying quote documents yourself;
• making the final decision on every charter opportunity and confirming operational and legal feasibility with your operator or management company;
• ensuring you have the right and authority to forward emails, attachments, and any personal information they contain to the Service;
• maintaining the security of your account credentials and promptly notifying us of any suspected unauthorized access;
• using the Service in compliance with applicable law.

5. AI extraction and estimates

The Service uses artificial-intelligence models to extract information from the content you submit. Extracted fields may be inaccurate, incomplete, or mislabeled, and you must review them before use. Source-evidence excerpts and confidence indicators are aids to your review; they do not guarantee correctness.

All calculations depend on the economic assumptions you configure. Outputs are estimates for decision support only — they are not final settlement figures, invoices, or accounting records, and they may differ from amounts your management company ultimately reports.

You agree not to rely on the Service as the sole basis for any consequential aviation, financial, or legal decision.

6. Beta service

The Service is currently offered as a beta. It may contain defects, may change materially or be discontinued, may experience interruptions or data-processing delays, may reject unsupported quote formats, and may require you to enter quote fields manually. We do not commit to any service level, uptime, or support-response time during the beta.

7. Accounts and acceptable use

You agree not to, and not to permit anyone to:

• access or attempt to access accounts, organizations, or data that are not yours;
• submit malicious files, malware, or content designed to disrupt the Service;
• attempt to manipulate, mislead, or subvert the Service's AI extraction (for example, prompt-injection attempts), other than legitimate testing we authorize in writing;
• reverse engineer, decompile, or disassemble the Service except to the extent such restriction is prohibited by applicable law;
• interfere with or disrupt the integrity or performance of the Service;
• submit information you do not have the right or authority to process;
• use the Service in connection with unlawful charter activity, or to evade legal, safety, regulatory, or operator requirements;
• resell, sublicense, or provide the Service to third parties except to authorized users within your organization.

8. Customer content

You retain all ownership rights in the emails, attachments, quote data, economic assumptions, decisions, notes, and other content you or your organization submit to the Service ("Customer Content").

You grant TailYield and its service providers a limited, non-exclusive license to host, process, transmit, display, and create derivative technical artifacts of Customer Content solely as needed to provide, secure, support, and improve the Service. We treat Customer Content as confidential and do not disclose it except to the service providers described in the Privacy Policy, as required by law, or with your direction or consent.

You are responsible for obtaining any permissions needed for the content you submit, including consent from individuals whose personal information appears in forwarded emails.

We may generate and use aggregated or de-identified usage information that does not identify you or any individual to operate and improve the Service.

Under our current commercial API terms with our AI provider (Anthropic), content submitted to the extraction model is not used to train the provider's models. Deletion and retention of Customer Content are described in the Privacy Policy.

9. Intellectual property

TailYield and its licensors own the Service, including all software, design, calculation logic, documentation, and the TailYield name and marks. Except for the limited right to use the Service under these Terms, no rights in the Service are granted to you.

You own your Customer Content. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

10. Trial, fees, billing, and cancellation

Free trial. New subscriptions begin with a 14-day free trial. A valid payment method is required to start the trial. You will not be charged during the trial.

Subscription and automatic renewal. Unless you cancel before the trial ends, your subscription begins automatically at the end of the trial and you will be charged $99 per active aircraft per month. The subscription renews automatically each month, and your payment method is charged each billing cycle, until you cancel.

Cancellation. You may cancel at any time through the Stripe Customer Portal, accessible from the Billing page in the application. Cancellation stops future renewals; it does not ordinarily entitle you to a refund of amounts already charged, and no prorated refunds are provided for partial billing periods. We may make refund exceptions at our discretion.

Aircraft count. The monthly charge is based on the number of active aircraft configured in your organization. Archiving an aircraft removes it from future billing cycles.

Taxes. Fees are exclusive of taxes; you are responsible for any applicable sales, use, or similar taxes, which may be added to your invoice where required.

Price changes. We will provide at least 30 days' advance notice of any price increase, which will take effect at your next renewal after the notice period.

Failed payments. If a charge fails, we may retry it and may suspend the Service until payment succeeds.

11. Third-party services

The Service depends on third-party providers, including hosting (Vercel), authentication (Clerk), database services (Supabase), email delivery and receipt (Postmark), payment processing (Stripe), and AI extraction (Anthropic). Those services are governed by their own terms and may experience failures or changes outside our control. We are not responsible for third-party services, but we will use commercially reasonable efforts to mitigate the impact of their failures on the Service.

12. Suspension and termination

You may stop using the Service and cancel your subscription at any time as described in Section 10. An organization administrator may delete the organization, which permanently deletes its data as described in the Privacy Policy.

We may suspend or terminate access to the Service (with notice where practicable) for non-payment, security threats, unlawful use, or material breach of these Terms. Where we terminate in the ordinary course and it is practical to do so, we will provide a reasonable opportunity to export your structured data before deletion.

Sections 3, 5, 8, 9, 13, 14, 15, and 16, and any accrued payment obligations, survive termination.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAILYIELD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT EXTRACTED VALUES OR CALCULATED ESTIMATES WILL BE ACCURATE OR COMPLETE.

Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) TAILYIELD'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO TAILYIELD FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits liability for a party's fraud or willful misconduct, or any liability that cannot be limited under applicable law.

For clarity: charter, flight, and aviation-operational decisions are yours and your operator's. TailYield has no liability for the outcome of any charter flight or for decisions you make using the Service's estimates.

15. Indemnification

You will defend and indemnify TailYield against third-party claims to the extent arising from: (a) your unlawful use of the Service; (b) Customer Content you submitted without sufficient rights or authority; (c) your material breach of these Terms; or (d) your charter, aviation, financial, or business decisions and activities outside TailYield's limited service described in Section 2. This obligation does not apply to the extent a claim arises from TailYield's fraud or willful misconduct.

16. General

Changes to the Service and Terms. We may modify the Service and these Terms. For material changes to the Terms, we will provide prominent advance notice in the application or by email and may require renewed acceptance; continued use after the effective date constitutes acceptance of non-material changes. Historical versions are preserved.

Governing law and venue. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state courts located in Orange County, California, and the United States District Court for the Central District of California.

Assignment. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets with notice to us. We may assign these Terms in connection with a corporate transaction.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

Severability; no waiver. If a provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver.

Entire agreement. These Terms, the Privacy Policy, and the subscription disclosures presented at checkout are the entire agreement between the parties regarding the Service and supersede prior agreements on that subject.

Electronic communications. You consent to receive notices and communications electronically, including by email and in-application notices.

Contact. SWS Holding Company, LLC, 751 S Weir Canyon Rd, Ste 157-633, Anaheim, CA 92808 · legal@tailyield.ai (legal notices) · support@tailyield.ai (support).