Last updated: May 2026 · Effective upon account creation or use of the Service
I'm Safe SMS is a software platform — not a compliance service, consulting firm, or regulatory authority. Access to and use of the Service does not guarantee, certify, or represent compliance with any FAA regulation, including but not limited to 14 CFR Parts 5, 61, 91, 135, or 141. The final responsibility for all safety decisions, airworthiness determinations, go/no-go calls, weight-and-balance verification, and regulatory compliance rests solely with the certificate holder, the pilot in command, and the operator. No output, record, report, or document produced by the Service constitutes regulatory advice, legal advice, an airworthiness certification, or a guarantee of safety.
These Terms and Conditions ("Terms") form a binding agreement between I'm Safe SMS, LLC, an Arizona limited liability company ("Provider," "we," "us," "our"), and the organization that creates an account or uses the Service ("Customer," "you," "your"), together with every individual who accesses the Service under Customer's account ("User" or "Users"). By creating an account, clicking "I Agree," accessing the Service, or otherwise indicating acceptance, Customer and each User agree to be bound by these Terms.
The individual accepting these Terms on behalf of an organization represents and warrants that he or she has full legal authority to bind that organization. If you do not have that authority, or if Customer does not accept these Terms in their entirety, you may not access or use the Service.
"Service" means the I'm Safe SMS web platform, websites at imsafesms.com and any subdomains, related portals, mobile interfaces, APIs, documentation, and support services. "Customer Data" means any data, content, records, files, or information that Customer or its Users submit to, upload to, or generate within the Service. "Documentation" means the user guides, help materials, and onboarding content we make available. "FAA" means the United States Federal Aviation Administration. References to "14 CFR" refer to Title 14 of the U.S. Code of Federal Regulations.
I'm Safe SMS provides a software platform designed to help aviation organizations — including Part 141 flight schools, Part 61 flight schools, and Part 135 operators — record, organize, and manage safety-related activities. Features may include flight risk assessment tools (FRAT), weight-and-balance calculation, safety reporting, ASAP-style reporting workflows, training record management, document storage, quarterly safety surveys, activity logging, and related functions.
Provider is a software platform provider only. Provider is not an aviation authority, regulatory body, compliance certification organization, legal advisor, or safety consulting firm. Nothing in the Service constitutes professional aviation, legal, or compliance advice.
The Service is currently provided as an evolving, early-access platform. Features may be added, modified, suspended, deprecated, or removed at any time without notice. Output, calculations, and workflows may change as the Service is refined. Provider does not warrant that any particular feature will remain available, and Customer should not rely on the continued availability of any specific feature for compliance, recordkeeping, or operational purposes.
I'm Safe SMS does not provide regulatory compliance services, legal advice, or safety consulting. Any assistance provided during setup, onboarding, or ongoing support is guidance on how to use the platform — not advice on how to satisfy any regulatory requirement. Customer's qualified personnel and legal counsel are solely responsible for all compliance and operational determinations.
When Provider personnel assist Customer during setup or ongoing support, that assistance is limited to explaining how to record Customer's own activities and decisions within the platform. Provider does not advise on what safety policies Customer should adopt, what risk thresholds Customer should apply, what corrective actions Customer should take, or how Customer should respond to any safety event. Those determinations are Customer's alone.
Customer — as the certificate holder, operator, or organization — is solely and exclusively responsible for all regulatory compliance, safety decisions, and obligations under applicable aviation law. Provider supplies tools to support Customer's program; it does not fulfill those obligations on Customer's behalf.
This includes, without limitation:
The Aviation Safety Action Program (ASAP) is a voluntary FAA program governed by a Memorandum of Understanding (MOU) negotiated and executed between an operator and the FAA. Provider does not enroll Customer in ASAP, does not provide FAA enforcement protection, and is not a party to any MOU.
The ASAP reporting tools in the platform are workflow and recordkeeping aids only. Whether Customer chooses an internal ASAP-style program or an FAA-enrolled ASAP, MOU negotiation, FAA coordination, Event Review Committee operation, and ongoing program compliance are entirely Customer's responsibility. Provider may guide Customer through use of the platform for these purposes; Provider does not act as Customer's representative with the FAA or any other authority.
Certain features of the Service use artificial intelligence (“AI”) to automatically generate summaries, analyses, trend narratives, and similar outputs from Customer Data (“AI-Generated Content”). The following terms govern all such content.
No Warranty of Accuracy. AI-Generated Content is produced by automated systems and has not been reviewed, verified, or approved by Provider or any qualified aviation safety professional. It may contain errors, omissions, hallucinations, or inaccurate interpretations of underlying data. Provider makes no representation that AI-Generated Content is accurate, complete, or fit for any particular purpose.
Not Regulatory, Legal, or Safety Advice. AI-Generated Content does not constitute regulatory guidance, legal advice, safety recommendations, or any form of professional counsel. It is not a substitute for the independent judgment of a qualified Safety Manager, Chief Flight Instructor, Director of Operations, or other certificated or credentialed personnel. No AI-Generated Content creates any compliance obligation or safe-harbor protection, and no output of the Service constitutes an FAA-approved method, finding, or determination.
Certificate Holder Remains Solely Responsible. All safety decisions, corrective actions, risk assessments, and regulatory compliance obligations remain the sole responsibility of Customer and its designated personnel. Provider is not responsible for any action taken or not taken in reliance on AI-Generated Content.
In-App Acknowledgment. Certain AI-Generated Content is displayed only after the reviewing User affirmatively clicks an “I Acknowledge” button confirming they have read and understood the limitations described in this section. That acknowledgment is binding on Customer and the User and reinforces Customer’s assumption of all risk associated with reliance on such content.
No Liability. To the maximum extent permitted by applicable law, Provider expressly disclaims all liability arising from or related to AI-Generated Content, including any liability for decisions, actions, regulatory findings, accidents, incidents, enforcement proceedings, or other outcomes that result from Customer’s or any User’s reliance on such content.
Every User of the Service must be at least eighteen (18) years of age. Customer is responsible for ensuring that no individual under 18 is granted access to the Service through Customer's account, including any student, instructor, dispatcher, or other personnel. The Service is not designed for, and should not be used by, minors. If Customer discovers that a minor has accessed the Service through Customer's account, Customer must immediately revoke that access and notify Provider.
Customer is responsible for: (a) accurately registering its organization and its Users, (b) safeguarding all credentials (including magic links, passwords, and session tokens), (c) promptly removing access for personnel who depart or change roles, (d) all activity occurring under Customer's account whether authorized or not, and (e) immediately notifying Provider of any suspected unauthorized access.
Provider may, at its discretion, refuse or terminate accounts, remove Users, or reclaim usernames it determines violate these Terms or applicable law.
Customer represents, warrants, and covenants on a continuing basis that:
Customer and each User agree not to:
By using the Service, Customer and each User acknowledge and consent that the platform automatically records an activity log of actions taken within the Service. This logging is a standard, non-optional feature integral to the platform's Safety Management System functionality and to Provider's security and abuse-prevention obligations.
Logged actions include, without limitation: account logins and logouts, FRAT submissions and review decisions, safety bulletin acknowledgments, safety report and ASAP report submissions, training record management, document uploads and deletions, and other material platform actions. Each log entry records the action taken, the User's name and role, a timestamp, and summary context.
Activity logs are accessible to management-level Users within Customer's organization and to Provider personnel for the limited purposes of providing support, investigating security incidents, defending legal claims, and complying with legal obligations. Activity logs are not shared with regulatory authorities unless Provider is required to do so by law, subpoena, or court order. Further details are described in the Privacy Policy.
Some elements of the Service may be offered free of charge; others may require a paid subscription. Pricing, billing frequency, and feature scope for paid plans are as specified at the point of purchase or in a separate written order. Unless otherwise stated, fees are non-refundable, are exclusive of all taxes, and are payable in U.S. dollars.
Paid subscriptions auto-renew at the end of each term at the then-current rate unless Customer cancels at least thirty (30) days before the renewal date. Provider may suspend access if any invoice is more than fifteen (15) days past due. Provider may change pricing for subsequent renewal terms upon at least thirty (30) days' notice.
Where the Service is provided at no charge, Provider may modify, limit, or discontinue free access at any time without notice or liability. Free-tier Customers acknowledge that the Service may have reduced functionality, storage, or support compared with paid plans.
Provider will use commercially reasonable efforts to keep the Service available, but the Service is provided without any service-level commitment, uptime guarantee, or availability warranty. Provider may schedule or perform maintenance, updates, or emergency work at any time, with or without notice. The Service depends on third-party infrastructure providers (including Supabase, Cloudflare, and email services) whose availability is outside Provider's control. No downtime, degradation, latency, or outage of the Service will entitle Customer to a credit, refund, or any other remedy except as expressly set forth in a separately executed service-level agreement.
Customer owns Customer Data. Customer grants Provider a limited, worldwide, non-exclusive license to host, store, process, transmit, display, and back up Customer Data solely to provide, secure, and support the Service. Provider does not sell Customer Data, does not use Customer Data for advertising, and does not use Customer Data to train artificial-intelligence models other than features that operate solely on Customer's own data for Customer's own benefit.
Customer is responsible for the accuracy, completeness, and lawfulness of all Customer Data. Provider does not independently verify, validate, or assess the accuracy of Customer Data. Records produced by the Service are only as accurate as the information that Customer's personnel enter.
Within thirty (30) days after termination, Customer may request an export of Customer Data in a commercially reasonable format. Following that thirty-day period, Provider may delete Customer Data in accordance with its data-retention practices, except where retention is required by law.
Each party will protect the other party's confidential information using at least the same degree of care it uses to protect its own confidential information (and in no event less than a reasonable standard of care). The Privacy Policy is incorporated by reference and governs Provider's collection and use of personal information.
All software, design, content, templates, documentation, trademarks, logos, and other materials provided as part of the Service are the property of Provider or its licensors and are protected by applicable intellectual-property laws. Customer receives only the limited, revocable, non-exclusive, non-transferable right to access and use the Service for Customer's internal business purposes during the subscription term. All rights not expressly granted are reserved by Provider.
If Customer or any User submits feedback, suggestions, ideas, bug reports, feature requests, or other input regarding the Service (“Feedback”), Customer grants Provider a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, and transferable license to use, modify, and exploit such Feedback for any purpose without obligation or compensation. Provider may incorporate Feedback into the Service without attribution.
The Service may interoperate with, reference, or link to third-party services, websites, regulatory materials (such as FAA Advisory Circulars), weather data, charts, or other external content. Provider does not control, endorse, or assume responsibility for third-party content or services and makes no warranty regarding their accuracy, availability, or suitability. Use of third-party services is governed by the terms of those third parties. Provider's sub-processors (including Supabase, Cloudflare, and Resend) are identified in the Privacy Policy and may be updated from time to time.
Provider responds to notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act. To submit a notice, send a written communication to info@imsafesms.com that includes: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location within the Service; (d) contact information; (e) a statement of good-faith belief that the use is unauthorized; and (f) a statement, under penalty of perjury, that the information is accurate and that the complainant is authorized to act. Provider may remove or disable access to allegedly infringing content and may terminate the accounts of repeat infringers.
Provider may suspend or terminate access to the Service immediately, with or without notice, for any of the following: (a) breach or suspected breach of these Terms; (b) failure to pay any amount owed; (c) any activity that Provider reasonably believes presents a security, legal, or reputational risk to Provider, other customers, or third parties; (d) requirement by law or court order; or (e) discontinuation of the Service or any feature.
Customer may terminate its account at any time by written notice to info@imsafesms.com. Termination does not relieve Customer of any payment obligation that accrued before termination. Sections that by their nature should survive termination — including Sections 6, 9, 14, 15, 19-27 — will survive.
The Service, all output of the Service, and all related materials are provided “as is” and “as available,” with all faults, and without warranty of any kind, whether express, implied, statutory, or otherwise.
To the maximum extent permitted by law, Provider expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, and quiet enjoyment. Without limiting the foregoing, Provider does not warrant that:
The FRAT tool, weight-and-balance calculator, survey tools, and all other features are aids to recordkeeping and organization. They do not replace pilot judgment, mechanic inspection, dispatcher review, or any regulatory requirement. Some jurisdictions do not allow the disclaimer of certain implied warranties; in those jurisdictions, disclaimers apply to the fullest extent permitted by applicable law.
Customer will defend, indemnify, and hold harmless Provider and its members, managers, officers, employees, contractors, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all third-party claims, actions, proceedings, suits, demands, losses, damages, liabilities, settlements, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
Provider will promptly notify Customer of any claim subject to indemnification, provided that failure to give prompt notice will not relieve Customer of its obligations except to the extent Customer is materially prejudiced. Customer will control the defense and settlement of any indemnified claim, except that (a) Provider may participate at its own expense with counsel of its choice and (b) Customer may not settle any claim that imposes any obligation on, or admits any wrongdoing by, Provider without Provider's prior written consent.
To the maximum extent permitted by law, Provider's total cumulative liability to Customer and its Users, for any and all claims arising out of or related to these Terms or the Service, regardless of the form of action and whether in contract, tort (including negligence), strict liability, statute, or any other theory, shall not exceed the greater of (a) one hundred U.S. dollars (US $100) or (b) the total fees actually paid by Customer to Provider in the twelve (12) months immediately preceding the event giving rise to the claim.
This limitation applies regardless of whether Provider has been advised of the possibility of such damages and regardless of the failure of any essential purpose of any limited remedy. The parties acknowledge that these limitations are an essential basis of the bargain and that Provider would not provide the Service without them.
In no event will Provider or any of its members, managers, officers, employees, contractors, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind
including, without limitation:
These exclusions apply even if Provider has been advised of the possibility of such damages and even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in those jurisdictions, Provider's liability is limited to the smallest amount permitted by law.
Please read this section carefully. It requires the parties to resolve disputes through individual binding arbitration and waives the right to a jury trial and to participate in class or representative actions.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single neutral arbitrator. The seat and legal place of the arbitration is Phoenix, Arizona; hearings may be conducted by video conference. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction. Each party bears its own attorneys' fees and costs except as the arbitrator may award under applicable law.
Class and representative action waiver. Each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative proceeding. The arbitrator may not consolidate the claims of multiple parties and may not preside over any form of class or representative proceeding. If the class/representative action waiver in this paragraph is held to be unenforceable as to any particular claim, that claim must be severed from the arbitration and brought in court, while all other claims remain subject to arbitration.
Jury trial waiver. To the maximum extent permitted by law, the parties expressly waive any right to a trial by jury for any Dispute permitted to be brought in court.
Exceptions. Notwithstanding the foregoing, either party may (i) bring an individual claim in small-claims court for claims within that court's jurisdiction, (ii) seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information, and (iii) participate in any government investigation or proceeding.
30-day right to opt out. Customer may opt out of this Section 23 by sending a written notice to info@imsafesms.com within thirty (30) days after first accepting these Terms, stating Customer's name, account, and an unambiguous intent to opt out of arbitration. Opting out will not affect any other provision of these Terms.
To the maximum extent permitted by law, any claim or cause of action arising out of or related to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
These Terms and any Dispute are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to the mandatory arbitration provision in Section 23, the exclusive venue for any judicial action permitted under these Terms is the state and federal courts located in Maricopa County, Arizona, and each party irrevocably consents to the personal jurisdiction of those courts.
Neither party will be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disaster, fire, flood, earthquake, severe weather, war, terrorism, civil unrest, government action, national emergency, pandemic, epidemic, labor dispute, cyberattack, denial-of-service attack, telecommunications or internet failure, electrical outage, or failure of a third-party infrastructure provider. Payment obligations are not excused by this Section.
The Service may be subject to U.S. export control and economic sanctions laws, including the Export Administration Regulations and regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control. Customer represents and warrants that (a) it is not located in, organized under, or ordinarily resident in any country or region subject to U.S. comprehensive sanctions, and (b) it is not listed on, and is not 50% or more owned by any party listed on, any U.S. restricted-party list. Customer will not export, re-export, or make the Service available to any person or in any manner prohibited by applicable law.
Changes to Terms. Provider may update these Terms from time to time. For material changes, Provider will provide at least thirty (30) days' notice by email to the account administrator or by in-platform notice. Continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes. If Customer objects to a material change, Customer's exclusive remedy is to terminate its account before the change takes effect.
Notices. Notices to Provider must be sent to info@imsafesms.com. Notices to Customer may be sent to the email address on file or posted within the Service.
Assignment. Customer may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without Provider's prior written consent. Provider may assign or transfer these Terms, in whole or in part, without consent and without notice, including in connection with a merger, acquisition, reorganization, or sale of assets. Subject to the foregoing, these Terms bind and benefit the parties' permitted successors and assigns.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.
No waiver. A party's failure to enforce any provision is not a waiver of its right to do so later. Any waiver must be in writing and signed by the waiving party.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, severed from these Terms. The remaining provisions will continue in full force and effect, except as expressly stated otherwise in Section 23 with respect to the class-action waiver.
Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement between the parties expressly referencing these Terms, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Headings; construction. Headings are for convenience only and do not affect interpretation. These Terms will be construed neutrally, without any presumption against the drafting party. The words “include,” “includes,” and “including” mean “without limitation.”
Questions about these Terms? Contact us at info@imsafesms.com.
I'm Safe SMS, LLC · Arizona, United States · imsafesms.com