Effective Date: 26 July 2026

These Terms and Conditions of Service (“Agreement“, “Terms“) constitute a legally binding contract between Fly High English (“Company“, “we“, “us“, “our“) and the individual or entity registering for or using our services (“User“, “you“, “your“).

By creating an account, accessing the Platform, clicking “I Agree”, commencing a Subscription, purchasing an Add-on, or initiating any Assessment, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must immediately cease using the Platform.

SECTION 1 — DEFINITIONS

“Add-on” means any supplemental product or service purchased separately from a Subscription, including but not limited to extra Assessment Tokens, live Coaching Sessions, or specialised Flight Test Preparation modules.

“Assessment” means any interactive, AI-assisted or LLM-powered language evaluation, spoken test, grammar test, or aviation English proficiency exercise offered on the Platform that consumes computational resources.

“Assessment Token” means a digital credit entitling a User to complete one (1) Assessment session on the Platform.

“Billing Cycle” means the recurring period (monthly or annual) for which Subscription fees are charged.

“Company Content” means all materials, articles, exercises, assessments, audio, video, databases, software, and other intellectual property made available through the Platform.

“LLM Sub-processor” means a third-party provider of large language model (LLM) or artificial intelligence (AI) processing services engaged by us to power interactive features of the Platform.

“Platform” means the Fly High English website (www.flyhighenglish.com), mobile applications, APIs, and all associated services and features.

“Practice Test” means a full-length, structured mock examination simulating an official ICAO language proficiency assessment, available as part of certain Subscription tiers or as a standalone Add-on.

“Subscription” means the recurring paid access plan (Free, Plus, Pro, or Ultra tier) purchased by a User.“User Data” means all data, content, recordings, text inputs, profile information, and other materials submitted by a User through the Platform.

SECTION 2 — THE SERVICE & SUBSCRIPTION TIERS

2.1 Description of Service

The Platform is a professional-grade, online English language training and assessment system designed specifically for aviation professionals. It provides access to aviation-themed reading materials, grammar and vocabulary exercises, weekly communicative tasks, and AI-powered language assessments aligned with ICAO Language Proficiency Rating Scale standards.

2.2 Current Subscription Tiers

The Platform currently offers the following Subscription tiers (subject to Section 2.4):

• Free Account: No charge. Access to a limited selection of articles, and sample grammar exercises upon registration.
• Plus Account: Paid monthly or annually. Access to the full article library, weekly tasks, grammar exercise suite, and an allocation of Assessment Tokens as specified on the Platform’s pricing page at the time of subscription.
• Pro Account: Paid monthly or annually. All Plus features, plus priority access to new content, an additional Assessment Token allocation, and eligibility to purchase Add-ons at preferential rates.
• Ultra Account: Paid monthly or annually. All Pro features, plus an enhanced allocation of 

Assessment Tokens and Practice Tests, as specified on the Platform’s pricing page at the time of subscription. The Ultra tier is designed for high-frequency Users and pilots preparing intensively for official ICAO language proficiency examinations.

Specific features, token allocations, and pricing for each tier are published on the Platform’s Pricing page and are incorporated by reference into these Terms.

2.3 Add-ons

Users may purchase Add-ons independently of, or in addition to, any Subscription tier. Add-ons are subject to these Terms and any additional terms presented at the point of purchase. Add-ons are non-transferable, non-refundable upon use, and expire as specified at point of sale unless otherwise stated. Available Add-ons may include:

• Additional Assessment Token packs
• One-to-one or group Coaching Sessions with aviation English instructors
• Downloadable study resources 
• Interview preparation courses

2.4 Subscription Tier Modification 

We reserve the absolute right, at our sole discretion, to modify, introduce, rename, merge, restructure, suspend, or permanently discontinue any Subscription tier, feature set, Add-on category, or pricing plan at any time. Where such a change is material and adversely affects a User’s current paid Subscription, we will provide a minimum of thirty (30) days’ prior written notice by email to the address registered on the User’s account. Upon receiving such notice, a User on an affected paid plan may elect to cancel their Subscription without incurring any Early Cancellation Fee under Section 4.4. Continuation of use of the Platform after the effective date of any modification constitutes acceptance of the revised tier structure. Non-material changes (including additions of new features, cosmetic changes, or the introduction of new tiers that do not diminish existing entitlements) take effect immediately without prior notice.

SECTION 3 — ACCOUNT REGISTRATION & ELIGIBILITY

3.1 Eligibility

You must be at least eighteen (18) years of age to register for a paid account. By registering, you represent that: (a) you are legally capable of entering into binding contracts; (b) you are using the Platform for professional development and not solely as a private consumer; and (c) all registration information you provide is accurate, current, and complete.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at support@flyhighenglish.com of any unauthorised access or security breach. We will not be liable for any loss resulting from your failure to maintain account security.

3.3 Single User Licence

Each account and Subscription is licensed to a single named individual. Account sharing, sub-licensing, resale, or transfer of access credentials to third parties is strictly prohibited and constitutes a material breach of these Terms, entitling us to immediately suspend or terminate the account without refund.

SECTION 4 — FEES, PAYMENT & SUBSCRIPTION TERMS

4.1 Fees & Payment

All fees are stated in the currency displayed at checkout and are exclusive of any applicable taxes (including VAT/GST) unless otherwise specified. By providing payment details, you authorise us or our payment processor to charge the applicable fees on a recurring basis. We use third-party payment processors and do not store full card details on our servers.

4.2 Monthly Rolling Subscriptions

Monthly Subscriptions commence on the date of purchase and automatically renew on a rolling month-to-month basis until cancelled. You may cancel a Monthly Subscription at any time via your account dashboard or by contacting support@flyhighenglish.com. Cancellation takes effect at the end of the then-current Billing Cycle. No refund will be issued for any portion of a prepaid monthly period already in progress, provided that the conditions described in clause 5 are met. You will retain full access to your Subscription features until the cancellation effective date.

4.3 Annual Subscriptions

Annual Subscriptions are paid upfront for a 12-month commitment period at a discounted rate compared to the equivalent monthly rate. Annual Subscriptions automatically renew for a further 12-month period unless you provide written notice of cancellation at least thirty (30) days before the renewal date. Upon renewal, the fee will be charged at the then-current annual rate. We will send a renewal reminder at least forty-five (45) days before the renewal date.

4.4 Annual Subscription Early Cancellation — Discount Clawback

IMPORTANT: If you cancel an Annual Subscription before the end of the 12-month commitment period (“Early Cancellation”), you acknowledge that the discounted Annual Subscription rate was offered in consideration of your commitment to the full term. Accordingly, the following Discount Clawback mechanism applies:

(a) Discount Clawback Amount: Upon Early Cancellation, we will calculate the difference between: (i) the total amount you would have paid had you been subscribed to the equivalent Monthly Subscription rate for each calendar month of active use from the start date to the cancellation date (“Equivalent Monthly Total”); and (ii) the pro-rated amount of the Annual Subscription fee already paid attributable to those active months (“Annual Amount Paid”). If the Equivalent Monthly Total exceeds the Annual Amount Paid, the difference (“Clawback Amount”) becomes immediately due and payable.

(b) Administrative Fee Alternative: If, under applicable mandatory consumer protection law in the User’s country of residence, the Clawback Amount described in (a) is deemed unenforceable or disproportionate, the Early Cancellation fee shall instead be a flat administrative fee equal to two (2) months of the standard monthly Subscription rate applicable to your tier at the time of cancellation (“Administrative Fee”).

(c) Applicable Mechanism: We will apply whichever of (a) or (b) results in a lower charge to the User, in the interest of fairness and compliance with local mandatory law. We will reimburse you within fourteen (14) days from the date of the refund approval.

(d) Nature of Charge: The parties agree that the Discount Clawback is not a penalty but a genuine contractual mechanism to recover a pricing concession granted in exchange for a term commitment. It reflects our actual commercial loss arising from the User’s early departure.

(e) Exemption: No Discount Clawback or Administrative Fee applies where we have materially changed the User’s current Subscription tier in a manner adverse to the User under Section 2.4, or where we are in material breach of these Terms.

4.5 Price Changes

We reserve the right to change Subscription and Add-on pricing at any time. For existing paid Subscribers, price changes will take effect at the next Billing Cycle renewal, subject to a minimum of thirty (30) days’ prior notice. Continued use of the Platform after the effective date of a price change constitutes acceptance of the new pricing.

4.6 Failed Payments

If a payment fails, we reserve the right to retry the charge, downgrade your account to the Free tier, or suspend access until payment is received. We will notify you by email of any payment failure.

SECTION 5 — RIGHT OF WITHDRAWAL AND REFUND POLICY

5.1 Statutory Background

Under the EU Consumer Rights Directive (2011/83/EU), as transposed in Ireland by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI 484/2013), eligible consumers ordinarily have a 14-day right of withdrawalfrom a distance contract for digital services. However, this right may be expressly waived under Article 16 of the Directive in the circumstances described below. This Section applies only to the extent that a User qualifies as a ‘consumer’ under applicable law, notwithstanding the Professional Use Declaration below.

5.2 Immediate Performance Request & Waiver of Right of Withdrawal

BY INITIATING AN ASSESSMENT, YOU EXPRESSLY REQUEST THAT WE BEGIN PROVIDING THE DIGITAL SERVICE IMMEDIATELY, BEFORE THE EXPIRY OF THE 14-DAY WITHDRAWAL PERIOD, AND YOU ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL UPON PERFORMANCE OF THE SERVICE, IN ACCORDANCE WITH ARTICLE 16 OF DIRECTIVE 2011/83/EU.

For Rolling Monthly Subscriptions the following conditions apply: 

The no-refund policy set out in clause 4.2 applies once the statutory 14-day right of withdrawal has either expired or been waived. During the first fourteen (14) days of a new paid Monthly Rolling Subscription, eligible Users retain the right to withdraw and receive a full refund provided no Assessment has been completed. Completing your first (1st) Assessment does not, on its own, waive that right: you may still withdraw within the 14-day period, and you will receive a refund of the Subscription fee paid, less a deduction for the proportionate service delivered and the direct costs incurred in providing that Assessment. The right of withdrawal is irrevocably waived — and no refund will be due — upon your commencing a second (2nd) Assessment within the 14-day period. Once the 14-day period has expired or the right of withdrawal has been waived, the standard end-of-cycle cancellation policy in clause 4.2 applies in full. 

For Annual Subscriptions the following conditions apply: 

(a) First Assessment: We acknowledge that each Assessment session incurs real-time LLM and API processing costs. By completing your first (1st) Assessment within the 14-day withdrawal period you will not, on its own, be treated as a full waiver of your right of withdrawal. You may still withdraw from the Subscription within the 14-day period after your first assessment, and you will receive a refund of the Subscription fee paid, less a deduction for the proportionate service delivered and the direct costs incurred in providing the Assessment (calculated at the standard per-Assessment operational cost, as published on our Pricing page).

(b) Second Assessment — Waiver of Right of Withdrawal: If you complete two (2) or more Assessments within the first fourteen (14) days of a new Subscription or Add-on purchase, you acknowledge that: (i) you have explicitly requested and received immediate performance of the core commercial service; (ii) the essential economic value of the Billing Cycle has been consumed; and (iii) you irrevocably waive your right of withdrawal and your entitlement to a full or partial refund for that Billing Cycle.

The following apply to all Subscriptions, monthly and annual: 

(c) Non-Assessment Content: Access to articles, grammar exercises, and weekly tasks during the 14-day period does not, on its own, constitute a waiver. The waiver mechanism is specific to Assessment consumption.

(d) Confirmation: When you subscribe, you are shown a summary of this waiver mechanism. Before the Assessment that would trigger the waiver in each Billing Cycle, you are presented with an on-screen confirmation and asked to actively confirm it before proceeding. This confirmation is logged by the Platform, together with the wording shown and the date and time you gave it.

(e) Renewals: Where a Subscription renews automatically, we treat each new Billing Cycle as carrying a fresh 14-day period for the purposes of this Section, and will ask you to confirm the waiver again. This is a contractual assurance we give voluntarily; it does not imply that a renewal of an existing Subscription creates a new statutory right of withdrawal.

5.3 Refund Policy 

Outside of the statutory withdrawal period, fees paid for Subscriptions and Add-ons are non-refundable. Exceptions may be granted at our sole discretion in cases of documented technical failure directly attributable to the Platform that prevented service delivery. Refund requests must be submitted within thirty (30) days of the event giving rise to the claim.

SECTION 6 — ARTIFICIAL INTELLIGENCE, LLM PROCESSING & DATA PRIVACY

6.1 AI-Powered Features

The Platform’s assessment, feedback, and interactive learning features are powered, in whole or in part, by artificial intelligence systems, including large language models (LLMs) and automated speech recognition (ASR) technologies. These systems analyse User Data to generate personalised assessments, feedback, and scoring.

6.2 LLM Sub-Processor Disclosure

You acknowledge and understand that we engage one or more third-party LLM Sub-processors to provide the AI-powered features of the Platform. These Sub-processors may include, but are not limited to, providers of large language model APIs, automated speech-to-text services, and natural language processing engines. A current list of LLM Sub-processor categories is maintained in our Privacy Policy at www.flyhighenglish.com/privacy.

By using the Platform’s AI-powered features, you acknowledge that your spoken recordings, written text responses, and relevant profile data (such as your aviation licence level and language background) may be transmitted to and processed by LLM Sub-processors for the purpose of generating your assessment results and feedback. 

6.3 Explicit Consent to AI Assessment & Recording Use

CONSENT TO AI PROCESSING: By accessing and using the interactive Assessment features, speaking into the Platform’s recording interface, or submitting written responses to the Platform, you provide your freely given, specific, informed, and unambiguous consent to the following:

• The use of your voice recordings, text responses, and assessment inputs for AI-assisted evaluation of your English language proficiency, including automated scoring, feedback generation, and progress tracking;
• The transmission of the above User Data to authorised LLM Sub-processors for the purpose of delivering the assessment service;
• The storage of your assessment results, recordings, and associated metadata on the Platform’s servers for the duration of your account and for a retention period as specified in our Privacy Policy;
• The use of aggregated and anonymised assessment data (from which you cannot be identified) for the purposes of improving the Platform’s assessment quality, conducting research, and generating industry-level language proficiency benchmarks.

You may withdraw your consent to AI Assessment processing at any time by contacting us at support@flyhighenglish.com. Withdrawal of consent will render the interactive Assessment features unavailable to you and does not entitle you to a refund of any Subscription fees paid.

6.4 Data Protection — GDPR & LGPD Compliance

Fly High English acts as the Data Controller in respect of all User Data processed through the Platform. Our Privacy Policy, which forms part of these Terms, is available at www.flyhighenglish.com/privacy.

We implement appropriate technical and organisational measures to protect User Data, including encryption in transit, encryption at rest, access controls, and regular security audits. LLM Sub-processors are required to maintain equivalent or superior security standards.

User Data may be transferred to, and processed in, countries outside the European Economic Area (EEA) and Brazil where our Sub-processors operate. Where such transfers occur, we ensure appropriate safeguards are in place, including Standard Contractual Clauses (SCCs) approved by the European Commission, or equivalent mechanisms as required by LGPD.

6.5 Children’s Data

The Platform is not directed at individuals under eighteen (18) years of age. We do not knowingly collect personal data from minors. If you believe a minor has registered without parental consent, please contact us at support@flyhighenglish.com immediately.

SECTION 7 — INTELLECTUAL PROPERTY

7.1 Company Content

All Company Content is owned by or licensed to Fly High English and is protected by copyright, database rights, trade mark rights, and other intellectual property rights. No Subscription or Add-on purchase transfers any ownership interest in Company Content to the User.

7.2 Licence to User

Subject to these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform and Company Content for your personal, professional development purposes during your Subscription period. This licence does not include the right to reproduce, redistribute, sub-license, or create derivative works from Company Content.

7.3 User Data Licence

You retain ownership of your User Data. By submitting User Data to the Platform, you grant us a non-exclusive, royalty-free, worldwide licence to use, process, store, and (in anonymised form) reproduce User Data for the purposes of delivering the Service, improving the Platform, and as otherwise described in the Privacy Policy.

7.4 Feedback

Any feedback, suggestions, or ideas you submit regarding the Platform may be used by us without restriction or compensation.

SECTION 8 — PROHIBITED CONDUCT

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation;
• Share, resell, or sub-license your account or access credentials;
• Reverse-engineer, decompile, or disassemble any part of the Platform;
• Use automated scripts, bots, or scrapers to access the Platform or its content;
• Impersonate another user or person, or misrepresent your aviation qualifications;
• Upload or transmit malicious code, viruses, or harmful content;
• Attempt to circumvent Assessment systems, manipulate scores, or obtain fraudulent results;
• Engage in any conduct that could damage, disable, overburden, or impair the Platform.

Breach of this Section may result in immediate account suspension or termination without refund and may give rise to civil or criminal liability.

SECTION 9 — DISCLAIMERS & LIMITATION OF LIABILITY

9.1 Service Provided ‘As Is’

The Platform and all Company Content are provided on an ‘as is’ and ‘as available’ basis, without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or free from viruses.

9.2 Assessment Results — No Guarantee

IMPORTANT DISCLAIMER: Assessment results and Practice Test scores generated by the Platform are for educational and professional development purposes only. They do not constitute official ICAO language proficiency ratings, aviation authority certifications, or any official credential recognised by any civil aviation authority. A pilot must obtain official language proficiency endorsements from their national aviation authority or authorised examiner. We make no representation that Platform scores will correspond to official examination results.

9.3 Limitation of Liability

To the maximum extent permitted by applicable law, our total aggregate liability to you for any claims arising under or in connection with these Terms or the use of the Platform shall not exceed the total fees paid by you in the twelve (12) months immediately preceding the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, even if advised of the possibility of such damages.

9.4 Mandatory Consumer Rights

Nothing in this Section limits or excludes any liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability that applicable mandatory law does not permit to be excluded or limited.

SECTION 10 — TERM, SUSPENSION & TERMINATION

10.1 Term

These Terms commence when you create an account or use the Platform and continue until terminated by either party.

10.2 Termination by us 

We may suspend or terminate your account and access immediately if: (a) you breach any provision of these Terms; (b) we are required to do so by law; (c) we reasonably suspect fraudulent or abusive activity; or (d) you fail to pay any sums due. We will generally provide written notice prior to termination except in cases of serious breach or fraud.

10.3 Effect of Termination

Upon termination, your licence to use the Platform ceases immediately. Any outstanding payments become immediately due. Sections 6 (data provisions), 7 (IP), 9 (liability), 11 (governing law), and 12 (general) survive termination.

SECTION 11 — GOVERNING LAW, JURISDICTION & INTERNATIONAL USERS

11.1 Applicable Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

11.2 Exclusive Jurisdiction

Subject to Section 11.4, the parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

11.3 Professional Use — B2B/Prosumer Characterisation

The parties expressly acknowledge and agree that the Platform constitutes a Professional Development Tool provided in the context of the User’s aviation trade, profession, or occupational licensing requirements. By registering, you represent that you are using the Platform for purposes relating to your professional activity or trade. Accordingly, the parties intend that, to the greatest extent permissible by applicable law, your use of the Platform falls outside the scope of ‘consumer contracts’ as defined by the EU Consumer Rights Directive (2011/83/EU) and equivalent national consumer protection legislation, including (without limitation) the Brazilian Consumer Defence Code (Código de Defesa do Consumidor, Law 8,078/1990).

You further acknowledge that you have made this professional use representation as a material inducement to us  to provide the Platform at the agreed pricing, and that we have relied upon this representation in contracting with you.

11.4 Mandatory Local Consumer Protections (Carve-Out)

Notwithstanding Section 11.2, if any court or competent authority determines that: (a) you are a ‘consumer’ for the purposes of applicable mandatory local law; and (b) that mandatory local consumer protection law confers rights on you that cannot be excluded by contract (“Mandatory Rights“), then those Mandatory Rights shall apply to the extent required. This carve-out shall not affect the validity or enforceability of any other provision of these Terms (see Section 12.2 — Severability). In such circumstances, nothing in these Terms is intended to, or shall, exclude or restrict any right you have under the mandatory consumer protection laws of the country in which you are habitually resident, including rights relating to unfair contract terms, statutory warranties, and mandatory refund rights.

SECTION 12 — GENERAL PROVISIONS

12.1 Entire Agreement

These Terms, together with the Privacy Policy, Pricing Page, and any Add-on-specific terms presented at point of purchase, constitute the entire agreement between you and us with respect to the Platform and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. The parties shall negotiate in good faith a replacement provision that, to the greatest extent possible, achieves the original commercial intent.

12.3 Waiver

No failure or delay by us to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy.

12.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent . We may assign these Terms to a successor entity in the event of a merger, acquisition, or sale of all or substantially all of its assets, without your consent, provided that the successor entity assumes all obligations under these Terms.

12.5 Force Majeure

We shall not be liable for any delay or failure to perform its obligations caused by events beyond its reasonable control, including acts of God, cyber-attacks, infrastructure outages, pandemics, or government actions. We will notify you as soon as practicable and make reasonable efforts to resume performance.

12.6 Notices

Notices under these Terms shall be sent by email: to you at the address registered on your account; to us at support@flyhighenglish.com. Notices are deemed received on the next business day after sending.

12.7 Amendments

We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days’ notice by email. Your continued use of the Platform after the effective date of any amendment constitutes acceptance. We will maintain a version history of these Terms accessible on our website.

12.8 Language

These Terms are drafted in English. Any translated version is provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

SECTION 13 — CONTACT INFORMATION

For any queries regarding these Terms, please contact:

Fly High English

Website: www.flyhighenglish.com

General Enquiries: support@flyhighenglish.com

Legal Notices: legal@flyhighenglish.com