Terms of Service

1. Acceptance of these Terms

These Terms of Service (“Terms”) form a binding agreement between you and Black Bull Capital, LLC, an Arizona limited liability company doing business as Kova (“Kova,” “we,” “us”), governing your use of our iOS application, our website at flykova.com, and any related services we offer (collectively, the “Services”). By creating an account, downloading the app, or otherwise using the Services, you accept these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

2. Eligibility

You may use the Services only if (a) you are at least 18 years old, (b) you can form a legally binding contract under applicable law, (c) you are not a person barred from receiving services under U.S. law (including the OFAC SDN list) or any other applicable jurisdiction, and (d) your use of the Services would not violate your employer’s policies. Verified-crew features additionally require that you are an active or eligible pass-holder on a U.S. or other supported airline. We may refuse to provide, or terminate, the Services for anyone at any time for any reason permitted by law.

3. Accounts

• You are responsible for keeping your account credentials secure and for all activity that occurs under your account.
• You must provide accurate information when creating an account, and you must keep it current.
• One person, one account. Sharing an account is prohibited. We may close duplicate accounts.
• You may delete your account at any time. In the iOS app, open Profile → Settings → Privacy & Data → Delete Account. On the web, open flykova.com/account/settings/privacy and use the “Delete my account” control. You may also email privacy@flykova.com.

4. The Services

Kova provides software tools to help airline standby travelers plan trips, including flight schedules, statistical estimates of seat availability, watchlist alerts, optional crew chat, community-contributed boarding outcomes, and a boarding-pass verification flow. The Services are informational only. Kova does not sell flights, issue tickets, hold reservations, check passengers in, or operate any aircraft. Kova has no contractual relationship with any airline.

5. Subscriptions, Billing, and Trials

• All Kova subscriptions are sold and managed at flykova.com and billed through Stripe. The iOS app does not sell subscriptions and does not process in-app purchases; where Apple permits (currently the U.S. App Store), the app may display the price and link you to flykova.com to subscribe. Subscriptions renew automatically until canceled. You may cancel at any time at flykova.com/manage; cancellation takes effect at the end of the current billing period.
• Free trials, when offered, convert to a paid subscription at the end of the trial unless canceled before the trial ends. Trial eligibility is one per person.
• Annual plans — renewal reminder. For any subscription with a term of one year or longer, we will send you a reminder before it renews — including the renewal date, the renewal price, and how to cancel — so you have time to cancel if you do not want to renew.
• Price changes will be communicated at least 30 days before they take effect.
• Refunds. Except where required by law, subscription fees are non-refundable. We may, at our discretion, prorate or refund in cases of service outages or duplicate billing. Statutory rights under applicable consumer laws are unaffected.
• Taxes. Listed prices are exclusive of applicable sales tax, VAT, or GST, which we collect where required.
• Auto-renewal disclosure. Subscriptions renew automatically. When you subscribe, you affirmatively authorize Kova (through Stripe) to charge your payment method on a recurring basis until you cancel. To avoid being charged for the next period, cancel before the current period ends. You can cancel online at flykova.com/manage at any time, by the same means you used to subscribe, without contacting support or completing a retention process.

6. Acceptable Use

You agree that you will not, and will not allow others to:

• Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the Services, except as expressly permitted by applicable law;
• Scrape, spider, or use automated tools to access the Services beyond ordinary use of our public APIs in accordance with their documentation and rate limits;
• Frame, mirror, deep-link to, or otherwise embed the Services or any portion of them within another product, site, or application without our prior written permission;
• Upload content from any airline employee portal or proprietary system (including but not limited to United Flying Together, Delta TravelNet/DeltaNet, American Jetnet, Southwest SWALife, Alaska AlaskasWorld, JetBlue BlueNet, Sabre, Amadeus, or any departure-control or revenue-management system), or any content marked confidential by your employer;
• Violate your employer’s social-media, confidentiality, code-of-conduct, or data-handling policies. You alone are responsible for your compliance with those policies;
• Upload a boarding pass that is not yours or that you do not have permission to share, or attempt to claim verified status for an itinerary you are not actually traveling on;
• Use the Services to harass, threaten, defame, or impersonate any person; to share illegal content; to share another person’s private information without consent; or to engage in unlawful discrimination;
• Probe, scan, or test the vulnerability of the Services without our prior written permission, or interfere with availability or security;
• Use the Services to develop a competing product, to benchmark, or to train any third-party machine-learning model;
• Use the Services in violation of any export-control or sanctions law, or from a U.S.-embargoed country.

We may remove content, suspend access, or terminate accounts for violations.

6A. Moderation Policy

The Services include user-generated content (crew chat, route tips, community load reports, comments). We expose tools inside the app to filter, report, and block abusive content and abusive users. Reports submitted through these tools are triaged by Kova, and we aim to act on reports of objectionable content within 24 hours; we will remove content that violates these Terms or applicable law and may suspend or terminate accounts that repeatedly violate them. Blocked users are not notified that you have blocked them, but you will no longer see their content in the Services.

6B. Intimate Images — TAKE IT DOWN Act

Kova prohibits non-consensual intimate imagery. Do not upload or share an intimate image of any identifiable person without that person’s consent. If you believe an intimate image of you (or of someone you are authorized to represent) has been shared on the Services without consent, email legal@flykova.com. Consistent with the federal TAKE IT DOWN Act, we will remove apparent non-consensual intimate imagery as soon as possible and in any event within 48 hours of a valid request, and will make reasonable efforts to identify and remove known identical copies. We may remove such content in good faith, and good-faith removal does not create liability to the person who posted it.

A valid request should include: (i) identification of the image and where it appears on the Services; (ii) a statement, made in good faith, that the image depicts you (or a person you are authorized to represent) and was shared without that person’s consent; (iii) your name and contact information, and your authority to act if you are reporting on someone else’s behalf; and (iv) acknowledgment that knowingly false reports may result in account action.

7. Your Content and the License You Grant Us

The Services let you submit content — boarding outcomes, load reports, gate screenshots, comments, crew-chat messages, profile information (collectively “User Content”). You retain all rights you have in your User Content. You grant Kova a worldwide, royalty-free, fully sub-licensable, transferable, non-exclusive license to host, store, copy, transmit, display, perform, modify (for technical reasons such as resizing or transcoding), create derivative works of, aggregate, and de-identify your User Content for the purpose of operating, providing, and improving the Services, including using de-identified, aggregated User Content to train and improve our prediction models. With respect to de-identified or aggregated outputs (such as model weights, training data already incorporated into a model, and anonymized statistics already shared with other users), this license is perpetual and irrevocable. With respect to identifiable User Content, the license survives termination only to the extent necessary to maintain those de-identified or aggregated outputs; Kova will not continue to display content tied to a deleted account.

You represent and warrant that (a) you have all rights necessary to grant this license, (b) your User Content does not infringe or violate the rights of any third party, including intellectual-property, privacy, and confidentiality rights, (c) your User Content does not contain content from your employer’s confidential systems, and (d) any boarding pass you upload is yours and you have the right to share it.

We do not endorse User Content or pre-screen it. We may, but are not obligated to, review, remove, or refuse to display any User Content.

8. Boarding-Pass Verification

Verified-crew features rely on you sharing a boarding pass — either an Apple Wallet .pkpass file or its IATA Resolution 792 BCBP barcode payload. By uploading a boarding pass, you (a) confirm that the pass belongs to you and that you have the right to share it with Kova, (b) authorize Kova to parse it, store the verification fields described in our Privacy Policy, and discard the original file, and (c) acknowledge that Kova relies on the cryptographic signature on the pass and on cross-referencing public flight data to determine your verified-crew status. Verification is automated and is not a representation by Kova about your employment status to any other party. Kova is not affiliated with any airline. We may refuse, revoke, or rescind verified-crew status at any time at our discretion.

9. Predictions and Other Estimates

Boarding outlooks, load estimates, upgrade likelihoods, routing suggestions, and any other forward-looking outputs are statistical estimates based on historical data, schedule data, and contributions by other users. They are advisory only. They are not guarantees of seat availability, boarding, upgrades, or arrival time. You are responsible for confirming any travel decision with your employer’s travel-services system before relying on it. You must not use the Services for any safety-of-life, dispatch, operational, navigational, or other safety-critical purpose, or for any decision that depends on the accuracy, completeness, or timeliness of flight data. Kova is not liable for missed flights, missed connections, lost wages, lodging or transportation costs, or any other consequences of acting on Kova’s estimates.

10. No Airline Affiliation

Kova is not affiliated with, endorsed by, sponsored by, or operated by any airline, including without limitation United Airlines, American Airlines, Delta Air Lines, Southwest Airlines, Alaska Airlines, JetBlue Airways, Hawaiian Airlines, Frontier Airlines, Spirit Airlines, or their parents, subsidiaries, or affiliates. Airline names, IATA codes, ICAO codes, and trademarks are used only to identify those carriers’ flights as a matter of nominative fair use. All trademarks are the property of their respective owners.

11. Intellectual Property

The Services and all content we make available (excluding User Content) — software, designs, logos, text, graphics, audio, video, models, and the “Kova” name and mark — are owned by Kova or our licensors and are protected by intellectual-property laws. The look and feel of the Services, including page layouts, color palette, typography, custom graphics, button shapes, icon styles, animations, and any associated source-code structure, are protected as our trade dress and may not be copied or imitated in whole or in part. We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your own non-commercial use in accordance with these Terms. We reserve all rights not expressly granted.

12. Copyright — DMCA Notice

We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512). Send notices to our designated agent — DMCA Agent, Black Bull Capital, LLC (d/b/a Kova) — at legal@flykova.com. To be valid under 17 U.S.C. § 512(c)(3), your notice must include: (i) a physical or electronic signature of the owner, or a person authorized to act for the owner, of the work; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the material claimed to be infringing and information reasonably sufficient to let us locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the owner’s behalf. If your content was removed and you believe that was a mistake, you may send a counter-notification under 17 U.S.C. § 512(g) to the same address. A valid counter-notification must include: (i) your physical or electronic signature; (ii) identification of the removed material and the location where it appeared before removal; (iii) a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (iv) your name, address, and telephone number, a statement that you consent to the jurisdiction of the federal district court for your address, and a statement that you will accept service of process from the person who filed the original notice. Note that under 17 U.S.C. § 512(f) you may be liable for damages if you knowingly materially misrepresent that material is infringing or was removed by mistake. We may, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

13. Third-Party Services

The Services integrate with or link to third-party services (including Apple, Google (Gemini API), Stripe, Resend, Cloudflare, Sentry, and various public and commercial aviation data sources). Your use of those services is subject to their own terms and policies. We are not responsible for the availability, accuracy, or content of any third-party service.

14. Suspension and Termination

You may stop using the Services or delete your account at any time. We may suspend or terminate your access at our discretion, with or without notice, including for violation of these Terms, suspected fraud or abuse, security risks, legal requirement, or extended inactivity. We may also discontinue any Service, in whole or in part, with reasonable advance notice when feasible. On termination, the licenses you grant in Section 7 survive only as to anonymized or aggregated outputs already in circulation; Sections 7 (last sentence), 9, 10, 11, 15, 16, 17, 18, and 19 survive.

15. Disclaimer of Warranties

The Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Kova disclaims all warranties, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, uninterrupted operation, freedom from error, and any warranty arising out of course of dealing or usage of trade. We do not warrant that any prediction, estimate, or outlook will be correct, that any flight will operate as scheduled, or that you will be boarded. Consistent with Section 9, the Services are not intended for any safety-of-life, operational, navigational, or other safety-critical purpose. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, this disclaimer applies to the maximum extent permitted by law.

16. Limitation of Liability

To the maximum extent permitted by law, in no event will Kova or its officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, travel costs (including alternative airfare, lodging, ground transportation, or lost wages), or substitute services, arising out of or relating to these Terms or the Services, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if Kova has been advised of the possibility of such damages.

Kova’s aggregate liability for all claims arising out of or relating to these Terms or the Services will not exceed the greater of (a) the total amount you paid Kova for the Services in the 12 months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow these limitations; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

17. Dispute Resolution — Binding Arbitration; Class Waiver

Please read this section carefully. It affects how disputes between you and Kova are resolved.

(a) Informal resolution. Before filing a claim, you and Kova agree to first try to resolve any dispute informally for at least 60 days. Send written notice to legal@flykova.com describing the claim, the relief requested, and your contact information.

(b) Binding arbitration.If we cannot resolve the dispute informally, you and Kova agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules (or, if the amount in controversy exceeds $250,000, the Comprehensive Arbitration Rules), and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitration will take place by videoconference, in your home county, or at another mutually agreed location. Kova will pay the JAMS filing, administration, and arbitrator fees for any individual arbitration you bring in good faith under these Terms, except that the arbitrator may reallocate fees if a claim or defense is found frivolous or brought for an improper purpose under the applicable rules. Each party will otherwise bear its own attorneys’ fees and costs, except as the arbitrator may award under applicable law.

(c) Class-action waiver. YOU AND KOVA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding, except for the administrative batching described in subsection (g).

(d) Carve-outs.You and Kova may bring claims in small-claims court for matters within that court’s jurisdiction. Either party may seek injunctive or equitable relief from a court for actual or threatened infringement of intellectual-property rights or unauthorized access to the Services. Nothing in this section prevents either party from reporting unlawful conduct to a government authority. To the extent you have a right to seek public injunctive relief that cannot be waived under applicable law, that claim may be brought in court; this public-injunctive-relief carve-out is severable from the rest of this Section, and the remainder of this Section will continue to apply to all other claims.

(e) 30-day opt-out. You may opt out of this arbitration agreement and class-action waiver by sending written notice of your decision to opt out to legal@flykova.com within 30 days after first becoming subject to these Terms. The notice must include your name, the email address on your Kova account, and a clear statement that you do not wish to resolve disputes through arbitration. Opting out will not affect any other provision of these Terms.

(f) Severability. If the class-action waiver is found unenforceable, the remainder of this Section 17 is severable, and the Dispute will be resolved in court rather than in arbitration. If any other portion of this Section is found unenforceable, the remainder will remain in effect.

(g) Coordinated (mass) arbitrations.If 25 or more similar arbitration demands are brought against Kova by or with the assistance of the same or coordinated counsel, the demands may be administered in sequential batches of up to 50 (one arbitrator and one set of filing fees per batch) to promote efficiency, and the applicable limitations period will be tolled for demands awaiting their batch. Batching is an administrative efficiency only: each demand is decided on its individual merits and receives an individual award, and either party may request batching. This provision does not waive any party’s rights and is intended to be applied consistent with the applicable arbitration rules. If this subsection (g) is held unenforceable, it will be severed and the remaining provisions of this Section will continue to apply.

18. Indemnification

You agree to indemnify, defend, and hold harmless Kova and its officers, directors, employees, agents, and affiliates from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your User Content, (b) your use of the Services, (c) your violation of these Terms, (d) your violation of any law or any third-party right (including intellectual-property, privacy, or confidentiality rights), or (e) your violation of your employer’s policies.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 17. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 17, exclusive jurisdiction and venue for any claim not subject to arbitration lie in the state and federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction there.

20. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you by in-app notice and email at least 30 days before the change takes effect, and we will update the “Last updated” date above. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance.

21. Apple App Store — Required Terms

The following applies if you obtained the iOS app through the Apple App Store. These Terms are between you and Kova only, not with Apple. Apple is not responsible for the iOS app or its content. To the maximum extent permitted by law, Apple has no warranty obligation whatsoever with respect to the iOS app. Any maintenance and support is the responsibility of Kova; Apple has no obligation to provide it. In the event of any failure of the iOS app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS app to you; to the maximum extent permitted by law, Apple has no other warranty obligation. Kova, not Apple, is responsible for addressing any claims relating to the iOS app, including product-liability, legal-compliance, and intellectual-property claims. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

22. Miscellaneous

• Entire agreement. These Terms and the documents they reference (including the Privacy Policy) are the entire agreement between you and Kova regarding the Services.
• No agency or partnership. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, employer-employee, or franchise relationship between you and Kova. Neither party may bind the other.
• Limitation period. Except where applicable law requires a longer period, any claim or cause of action arising out of or related to these Terms or the Services must be filed within two (2) years after the claim accrues, or it is permanently barred.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
• Force majeure. Neither party is liable for any failure or delay caused by circumstances beyond reasonable control, including acts of God, government action, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, or pandemics.
• Notices. We may provide notices to you by email or in-app message. You must provide notices to us at legal@flykova.com.
• Headings. Section titles are for convenience only and do not affect interpretation.
• Export control. You agree to comply with all applicable U.S. and foreign export-control and sanctions laws.
• U.S. government users. The Services are “commercial computer software” under FAR 12.212 / DFARS 227.7202. Use, duplication, or disclosure by the U.S. Government is governed by these Terms only.

Contact

Legal: legal@flykova.com  ·  Privacy: privacy@flykova.com  ·  Support: hello@flykova.com