Terms & Conditions

1. Acceptance of Terms

By accessing or using the Trails AMS platform available at trails.aero and related subdomains (including ams.trails.aero, api.trails.aero, and any related mobile applications) (collectively, the “Platform”), you agree to be bound by these Terms & Conditions (“Terms”).

If you do not agree, you must not use the Platform.

2. Business-to-Business Use Only

The Platform is provided strictly for business use. You confirm that you are acquiring the Platform for the purposes of a business (as that term is used in New Zealand legislation).

2.1 Consumer Guarantees Act Exclusion

To the maximum extent permitted by law, the parties agree that the Consumer Guarantees Act 1993 does not apply to the supply of the Platform to you.

3. Nature of Service

Trails AMS is a subscription-based Software-as-a-Service (SaaS) platform designed to assist aircraft operators, maintenance providers, engineers, pilots, and other aviation personnel with record management, operational tracking, and access to reference information.

3.1 Reference Tool Only

• The Platform may attempt to align with local or commonly applied aviation regulatory frameworks and publicly available guidance.
• The Platform must not be assumed to be an accurate or complete means of compliance with any local regulation.
• The Platform is provided as a tool to assist workflows only.

4. No Regulatory or Legal Assurance

4.1 No Compliance Guarantee

We do not represent, warrant, or guarantee that any information, workflow, alert, calculation, report, template, or output on the Platform is accurate, complete, current, or compliant with any regulation, directive, airworthiness requirement, or aviation authority publication.

4.2 Regulatory Information Is Reference Only

Regulatory and authority-related information made available on trails.aero or elsewhere on the Platform is provided as a reference and may not reflect the latest revision. You must verify all regulatory information directly from the relevant authority or official source before relying on it.

4.3 Public Authority Materials

Information about aviation authorities may be accessible through public materials shared by relevant authorities, in accordance with those authorities’ publication terms and conditions. Trails AMS does not control those materials and does not warrant their accuracy, completeness, or currency.

5. No Airworthiness Determination

Trails AMS does not:

• make airworthiness determinations;
• approve aircraft for return to service;
• certify compliance with any aviation regulation;
• act as an aviation authority or any delegated authority.

All operational, maintenance, and regulatory decisions remain solely your responsibility and the responsibility of your authorised personnel.

6. Your Responsibilities (Accuracy & Verification)

6.1 User-Provided Data

All data entered into the Platform is provided by you (or your authorised users). You are solely responsible for the accuracy, completeness, and correctness of any data stored or processed in the Platform.

6.2 Independent Verification

All information provided by the Platform is to be utilised as a reference only. You must conduct your own research and verification and ensure the accuracy and suitability of information before any reliance or operational decision.

6.3 No Duty to Validate

We do not verify, validate, audit, or guarantee user-entered information, including (without limitation) aircraft records, maintenance entries, component histories, flight/operational records, certifications, qualifications, limitations, or uploaded documents.

7. Publicly Accessible User Information

Where you grant permission, certain information may be made publicly accessible to other users or the public (“Public Content”).

• Public Content is provided by users, not Trails AMS.
• We do not verify Public Content and take no responsibility for its accuracy, legality, or completeness.
• You are responsible for ensuring you have the rights and permissions to share any Public Content.

8. Fees, Trials, Billing & Payment

8.1 Subscription Overview

The Platform operates on a subscription basis. Some user types may have free access to baseline services, while certain operator services are paid.

8.2 Operator Pricing Model

• First aircraft free trial: The first aircraft added by an operator receives a three (3) month free trial period.
• Per-aircraft billing: After the trial, a monthly fee applies per aircraft.
• Additional aircraft: Additional aircraft added are billable immediately, even if the first aircraft is still within its free trial period.

8.3 Free Baseline Accounts

Maintenance providers, engineers, and pilots may access baseline Platform services free of charge. Trails AMS may introduce optional paid add-on services in the future. The baseline service is intended to remain free, however we may modify features, limits, or eligibility as the Platform evolves.

8.4 Changes to Pricing and Terms

We may change subscription fees, billing arrangements, or service structure from time to time. Where reasonably practicable, we will provide notice of material changes. Your continued use of the Platform after changes take effect constitutes acceptance of the updated pricing and/or Terms.

8.5 Automatic Billing & Payment Authorisation

By subscribing, you authorise us (and our payment processors) to automatically charge the payment method you provide (including credit/debit card) on a recurring basis according to your subscription configuration.

You are responsible for keeping payment details current and valid.

8.6 Failed Payments, Restrictions & Suspension

If payment is unsuccessful or overdue, we may (at our discretion):

• restrict account features or access;
• pause paid subscription functionality;
• attempt re-processing of charges; and/or
• suspend the account after fourteen (14) days of non-payment.

8.7 Taxes

Fees are exclusive of taxes unless stated otherwise. You are responsible for any applicable taxes, duties, or government charges, including GST if applicable.

8.8 Refunds

Except where required by law, fees are non-refundable and we are not obliged to provide credits for partially used billing periods.

9. Account Security & Authorised Users

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, including the actions of any authorised users.

You must promptly notify us if you suspect unauthorised access or misuse.

10. API & Mobile Application

The Platform may provide API services and mobile application access for authorised use.

• API access is provided for legitimate integration and internal business use only.
• You must not scrape, bulk extract, reverse engineer, or abuse the Platform or API.
• We may impose rate limits, suspend, revoke, or change API access and functionality at any time.
• We do not guarantee uninterrupted or error-free API availability.

11. Intellectual Property

All rights, title, and interest in and to the Platform (including software, code, databases, structures, workflows, designs, templates, branding, logos, images, and content) are owned by XFIELD TRADING LIMITED or its licensors.

11.1 Licence

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable licence to access and use the Platform for your internal business purposes.

11.2 Restrictions

You must not (and must not permit any third party to):

• copy, modify, or create derivative works of the Platform;
• reverse engineer, decompile, or attempt to extract source code;
• resell, sublicense, or provide the Platform to third parties (except your authorised users);
• use the Platform to build or support a competing product.

12. Data, Export & Retention

12.1 Data Export on Termination

Upon termination, you may request an export of your data within a reasonable timeframe, subject to verification of authority and reasonable technical constraints.

12.2 Retention

We may retain and/or delete data after termination in accordance with our Privacy Policy and operational requirements. You should maintain your own backups of critical information.

13. Availability, Maintenance & Changes

We may modify, update, suspend, or discontinue the Platform (or any part of it) at any time, including for maintenance, security, compliance, or business reasons.

We do not guarantee that the Platform will be available at all times or without interruption.

14. Disclaimers

To the maximum extent permitted by law, the Platform is provided “AS IS” and “AS AVAILABLE”. We disclaim all warranties, express or implied, including (without limitation) warranties of fitness for purpose, merchantability, non-infringement, and regulatory suitability.

You acknowledge that the Platform and any outputs are provided as reference only, and you assume all risk for any reliance or use.

15. Limitation of Liability

To the maximum extent permitted by law, Trails AMS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, business, goodwill, aircraft availability, or business interruption.

Without limiting the above, Trails AMS shall not be liable for any enforcement action, penalties, fines, operational losses, grounding, delays, or costs arising from:

• inaccurate or incomplete data (whether entered by users or sourced externally);
• out-of-date or incorrect regulatory references;
• any reliance on Platform outputs;
• user non-compliance with any aviation requirement.

15.1 Liability Cap

To the maximum extent permitted by law, the total aggregate liability of Trails AMS arising out of or in connection with the Platform (whether in contract, tort, negligence, breach of statutory duty, or otherwise) is limited to the greater of:

• NZD $500; or
• the total subscription fees paid by you to Trails AMS in the preceding six (6) months.

16. Indemnity

You agree to indemnify, defend, and hold harmless XFIELD TRADING LIMITED, its directors, officers, employees, contractors, and affiliates from any and all claims, liabilities, losses, damages, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or related to:

• your use of the Platform;
• any data you submit or make public;
• your reliance on Platform outputs;
• your breach of these Terms; and/or
• your non-compliance with laws or aviation regulations.

17. Termination

We may suspend or terminate your access to the Platform immediately if you breach these Terms, if payment is overdue, if we reasonably believe your use poses risk to the Platform, other users, or us, or where required by law.

You may stop using the Platform at any time. Termination does not affect accrued rights or obligations, including payment obligations, disclaimers, and limitations of liability.

18. Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control, including natural disasters, internet or hosting failures, cyber incidents, regulatory changes, or government actions.

19. Dispute Resolution (Arbitration)

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved by confidential, binding arbitration in New Zealand under the Arbitration Act 1996.

• Arbitration will be conducted in English.
• The seat of arbitration is New Zealand.
• The arbitrator’s decision is final and binding.
• Each party bears its own legal costs unless the arbitrator determines otherwise.

20. Governing Law

These Terms are governed by the laws of New Zealand. Subject to the arbitration clause above, the courts of New Zealand have exclusive jurisdiction.

21. Contact

For questions about these Terms, contact us via the contact methods listed on trails.aero.