Talking flight monitor license agreement

End User License Agreement (EULA)

Talking Flight Monitor Software

Talking Flight Monitor, LLC

Last Updated: 01/20/2026

IMPORTANT: READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE

This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (“Licensee,” “you,” or “your”) and Talking Flight Monitor, LLC, a Virginia limited liability company (“Licensor,” “Company,” “we,” “us,” or “our”) for the use of Talking Flight Monitor software, including any associated documentation, updates, and upgrades (collectively, the “Software”).

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.

1. Grant of License

1.1 License

Subject to your compliance with this Agreement and your active subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the Software on devices you own or control
  • Use the Software for your personal, non-commercial purposes
  • Use the Software in connection with Microsoft Flight Simulator 2020 and/or Microsoft Flight Simulator 2024

1.2 Device Limitations

Your subscription permits you to install and use the Software on up to three (3) devices that you personally own or control. All installations must be associated with a single user account. You may not share your account credentials with others or allow multiple individuals to use a single subscription.

1.3 Subscription Requirement

Your right to use the Software is contingent upon maintaining an active, paid subscription. Upon expiration or cancellation of your subscription, features requiring a subscription will be disabled. This Agreement does not grant you any perpetual license to the Software.

2. Restrictions

You agree NOT to:

2.1 Prohibited Actions

  • Modify the Software or create derivative works based on the Software
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law
  • Distribute, sublicense, lease, rent, loan, or transfer the Software to any third party
  • Copy the Software except for reasonable backup purposes
  • Remove, alter, or obscure any proprietary notices, labels, or marks on the Software
  • Use the Software for any unlawful purpose or in violation of any applicable laws
  • Circumvent any technological measures designed to control access to the Software
  • Use the Software on more devices than permitted by your subscription
  • Share your account credentials or allow others to access the Software through your account
  • Use the Software for commercial purposes, including providing services to third parties

2.2 No Service Bureau Use

You may not use the Software to provide services to third parties, whether on a commercial basis or otherwise.

3. Intellectual Property Rights

3.1 Ownership

The Software is licensed, not sold. Talking Flight Monitor, LLC retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This includes, without limitation:

  • Copyright in the Software code and documentation
  • Trademarks, logos, and trade names
  • Trade secrets and proprietary information
  • Patents and patent applications
  • All derivative works and improvements

3.2 No Transfer of Rights

Nothing in this Agreement shall be construed to transfer any intellectual property rights from Licensor to Licensee. All rights not expressly granted herein are reserved by Licensor.

3.3 Feedback

If you provide any feedback, suggestions, or ideas regarding the Software (“Feedback”), you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to you.

4. Third-Party Software

4.1 Microsoft Flight Simulator

The Software is designed to operate with Microsoft Flight Simulator 2020 and Microsoft Flight Simulator 2024 (collectively, “Third-Party Software”). The Third-Party Software is not included with or provided by this license and must be obtained separately from Microsoft Corporation.

4.2 No Affiliation

Talking Flight Monitor, LLC is not affiliated with, endorsed by, or sponsored by Microsoft Corporation. “Microsoft Flight Simulator” is a trademark of Microsoft Corporation.

4.3 Compatibility Disclaimer

We do not guarantee that the Software will be compatible with:

  • Future versions or updates of Microsoft Flight Simulator
  • Third-party add-ons, modifications, or plugins for Microsoft Flight Simulator
  • Any other third-party software or hardware

Changes to the Third-Party Software by its developer may affect the functionality of our Software. Such changes do not entitle you to a refund or other compensation.

5. Updates and Support

5.1 Updates

We may, but are not obligated to, provide updates, upgrades, patches, or new versions of the Software. When updates are available, the Software will notify you, and you may choose when to install updates.

Updates may be required to continue using certain features. By installing updates, you agree that such updates are subject to this Agreement unless accompanied by a separate license agreement.

5.2 Support

Technical support is provided through our online support portal at www.talkingflightmonitor.com. Support is available to users with an active subscription. We will make reasonable efforts to respond to support requests, but we do not guarantee any specific response times or resolutions.

5.3 Preview Features

We may release features, updates, or versions of the Software designated as “Preview,” “Beta,” or similar terms. Preview features are made available for early access and evaluation purposes. By using Preview features, you acknowledge that:

  • Preview features may contain bugs, errors, or incomplete functionality
  • Preview features may be modified or removed at any time without notice
  • Preview features may not represent the final version of the feature
  • Preview features may cause unexpected behavior, crashes, or data loss
  • No additional warranties apply to Preview features beyond those in Section 9

Your use of Preview features is entirely voluntary and at your own risk. While we appreciate feedback on Preview features, you are under no obligation to provide testing or feedback, and we are under no obligation to incorporate your feedback or continue development of any Preview feature.

6. Connectivity Requirements

6.1 Internet Connection

Certain features of the Software may require an active internet connection. Features requiring connectivity will not function when offline. Core functionality may be available offline after initial activation, but some features will be limited.

6.2 Account Verification

The Software may periodically verify your subscription status, which requires an internet connection.

7. Privacy and Data

7.1 No Telemetry

The Software does not collect usage data, telemetry, crash reports, or other information from your computer. The Software does not transmit information about your activities back to us.

7.2 Account Data

Information you provide when creating an account and managing your subscription is subject to our Privacy Policy, available at www.talkingflightmonitor.com/privacy-policy.

8. Term and Termination

8.1 Term

This Agreement is effective until terminated. Your license to use the Software continues for as long as you maintain an active subscription and comply with this Agreement.

8.2 Termination by You

You may terminate this Agreement at any time by:

  • Canceling your subscription through your account settings
  • Uninstalling and destroying all copies of the Software

8.3 Termination by Us

We may terminate this Agreement immediately and without notice if you breach any term of this Agreement. We may also terminate or suspend your access for any reason with 30 days’ notice.

8.4 Effect of Termination

Upon termination:

  • Your license to use the Software terminates immediately
  • You must cease all use of the Software
  • You must uninstall and destroy all copies of the Software in your possession
  • Sections 3, 9, 10, 11, 12, and 13 shall survive termination

9. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • TITLE AND NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS
  • COMPATIBILITY WITH THIRD-PARTY SOFTWARE OR HARDWARE
  • UNINTERRUPTED OR ERROR-FREE OPERATION

WE DO NOT WARRANT THAT:

  • The Software will meet your specific requirements or expectations
  • The Software will operate without interruption or error
  • Defects in the Software will be corrected
  • The Software is free of viruses or other harmful components

YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Limitation of Liability

10.1 No Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TALKING FLIGHT MONITOR, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, or business opportunities
  • Loss of data or data corruption
  • Loss of use of the Software or any equipment
  • Cost of procurement of substitute goods or services
  • Personal injury or property damage

ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Maximum Liability

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR SUBSCRIPTION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

10.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.4 Jurisdictional Variations

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

11. Indemnification

You agree to indemnify, defend, and hold harmless Talking Flight Monitor, LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Software
  • Your breach of this Agreement
  • Your violation of any applicable law or regulation
  • Your violation of any third-party rights
  • Any claim that your use of the Software caused damage to a third party

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at info@talkingflightmonitor.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to this Agreement or the Software shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.

The arbitration shall be conducted in Virginia, United States, or at another mutually agreed location. The arbitration shall be conducted in English. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND TALKING FLIGHT MONITOR, LLC AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY SHALL HAVE THE RIGHT TO:

  • Participate in a class action, class arbitration, or other representative proceeding
  • Consolidate claims with those of other individuals
  • Have an arbitrator preside over any form of representative or class proceeding

12.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court’s jurisdiction.

12.5 Injunctive Relief

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13. General Provisions

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law principles.

13.2 Entire Agreement

This Agreement, together with our Terms of Service, Privacy Policy, and Refund Policy, constitutes the entire agreement between you and Talking Flight Monitor, LLC regarding the Software and supersedes all prior or contemporaneous agreements, communications, and proposals.

13.3 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

13.4 Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision.

13.5 Assignment

You may not assign or transfer this Agreement or your rights hereunder without our prior written consent. We may assign this Agreement without restriction. Any attempted assignment in violation of this section shall be void.

13.6 Notices

We may provide notices to you via email to the address associated with your account or through the Software. You may provide notices to us at info@talkingflightmonitor.com.

13.7 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, or failure of third-party services.

13.8 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

13.9 U.S. Government End Users

If you are a U.S. Government end user, the Software is a “Commercial Item” as defined in 48 C.F.R. §2.101, and is licensed with only those rights as are granted to all other end users pursuant to this Agreement.

14. Contact Information

If you have questions about this Agreement, please contact us:

Talking Flight Monitor, LLC Email: info@talkingflightmonitor.com Website: www.talkingflightmonitor.com

BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Effective Date: 02/20/2026