Terms of Service

Acceptance of Terms

By accessing or using the Fly By mobile application and website operated by MACH2 BRANDS LLC dba L’Avion Café (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our services. These Terms constitute a legally binding agreement between you and the Company.

Eligibility

You must be at least 13 years of age to create an account or use our services. If you are under 18, you represent that you have your parent or legal guardian’s consent to use the service. By using the app, you represent and warrant that you meet these eligibility requirements.

User Accounts

When you create an account through our Jetsetter Program, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to provide accurate and complete information when creating your account and to update your information as necessary. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised. One account per person; duplicate or shared accounts may be suspended without notice.

Ordering, Payment & Pickup

All orders placed through the app are subject to availability and acceptance by our crew. Prices are displayed in US dollars and include applicable sales tax at checkout. Prices may change without prior notice. Payment is processed securely through Stripe and is authorized at the time of order.

We reserve the right to refuse or cancel any order at our discretion, including orders that appear to be placed in error, that are suspected of fraud, or that violate our policies. In the event of a cancellation prior to preparation, your payment method will not be charged.

Pickup: Orders are prepared for in-store pickup only. You are responsible for picking up your order in a timely manner. Unclaimed orders may be discarded after a reasonable period, and no refund will be issued for orders that are not picked up.

Refunds: Refunds are issued at our sole discretion. If you are dissatisfied with your order, please notify our crew immediately. Refunds, if granted, will be returned to the original payment method.

Food & Beverage Disclaimer

Our products may contain or come into contact with common allergens, including but not limited to milk, soy, tree nuts, wheat, and eggs. We cannot guarantee that any menu item is completely free of allergens. If you have a food allergy or dietary restriction, please inform our crew before ordering.

Nutritional information provided in the app or in-store is approximate and may vary. You assume all risk associated with the consumption of our products.

Jetsetter Miles Program

The Jetsetter Miles Program allows members to earn and redeem Miles on qualifying purchases. Miles are earned based on the cabin size of drink purchased and may be supplemented by tip bonuses and activity bonuses.

• Earning: Miles are awarded per drink based on cabin size (Coach, Business, or First). Additional Miles may be earned through tips, weekly activity bonuses, and promotional offers.
• Redemption: Miles may be redeemed toward qualifying menu items. The number of Miles required varies by item and size.
• Expiration: Miles expire after 100 days of account inactivity. Placing any order resets the inactivity clock.
• No Cash Value: Miles have no monetary value and cannot be transferred, sold, bartered, or exchanged for cash.
• Program Changes: We reserve the right to modify, suspend, or discontinue the Jetsetter Miles Program, earning rates, redemption values, or any aspect of the program at any time without prior notice.
• Abuse: We reserve the right to void Miles and suspend accounts that we reasonably believe are engaging in fraud, abuse, or manipulation of the program.

Acceptable Use

You agree not to use our services to:

• Violate any applicable law, regulation, or ordinance
• Engage in fraud or misrepresent your identity
• Interfere with or disrupt the operation of the app or its infrastructure
• Attempt to gain unauthorized access to any part of the service
• Use automated tools, bots, or scripts to interact with the app
• Resell or commercially exploit our products or services without authorization

Intellectual Property

The Fly By app, the L’Avion Café brand, all logos, graphics, drink names, menu content, software, and design elements are the property of MACH2 BRANDS LLC and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any part of our service without our prior written consent.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MACH2 BRANDS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM OR (B) FIFTY US DOLLARS ($50.00).

Indemnification

You agree to indemnify, defend, and hold harmless MACH2 BRANDS LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your use of our services, your violation of these Terms, or your violation of any rights of a third party.

Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in the Borough of Manhattan, New York, New York.

Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration provision.

Governing Law & Venue

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you agree to submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to natural disasters, pandemic, government actions, utility or infrastructure failures, supply chain disruptions, labor disputes, or acts of terrorism.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated through the app or by email. Your continued use of our services after any changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

Contact

If you have any questions about these Terms of Service, please contact us at [email protected] or in person at 338 E 92nd St, New York, NY.