Legal & compliance
Last updated 26 June 2026
Last updated: 26 June 2026 Effective: 3 May 2026
These Terms of Service ("Terms") govern your use of the Waypoint TMS platform (the "Service") provided by Waypoint Aviation Software Ltd ("Waypoint"). By accessing the Service you agree to these Terms. If you are accepting on behalf of an organisation (the "Operator") you confirm you have authority to bind that organisation.
Waypoint provides a multi-tenant Training Management System for EASA and UK CAA aviation operators, comprising a web portal, a staff console, a sales deck, an OpenAPI-backed API server, and a native mobile app for iOS and Android. The Service is provided "as a service" — we host it, secure it, back it up, and update it.
The Service holds operationally- and regulatory-critical records — including crew competency assessments, licence and rating data, and check results that the Operator relies on to demonstrate compliance to its regulator. We design and operate the Service accordingly, with integrity controls, audit trails, regular backups, and the ability for the Operator to export its records at any time. The Operator nevertheless remains responsible for its own regulatory record-keeping obligations and should retain exported copies of any records it is legally required to hold. The Service is a tool to support, and does not replace, the Operator's legal and regulatory duties as the certificate holder.
The Operator's nominated administrator(s) create user accounts and assign roles. Each user must keep their credentials confidential and must not share accounts. We reserve the right to suspend accounts that are compromised, abused, or used in breach of these Terms. We do not access Operator data except (a) at the Operator's direction, (b) to deliver the Service, (c) to investigate a security incident, or (d) where compelled by law.
Your use of the Service is subject to our Acceptable Use Policy at https://waypointtms.com/legal/acceptable-use, which is incorporated into these Terms by reference. In summary, you agree not to: reverse-engineer the Service except as permitted by law, probe or scan the Service without our written consent (separate from a contracted penetration test), upload malware, use the Service to process special-category data outside its intended training-records scope, or use the Service to violate the rights of others or applicable aviation regulations.
Fees are set out in your Order Form. Subscriptions auto-renew on the term anniversary unless either party gives notice at least 30 days before renewal. Invoices are due net-30 unless otherwise agreed. Late invoices accrue interest at the Bank of England base rate + 4 % per annum. We do not refund fees pro-rata on early termination except where we have materially breached these Terms.
Waypoint processes personal data on the Operator's behalf as set out in our Data Processing Agreement (DPA), which is incorporated into these Terms by reference and is available at https://waypointtms.com/legal/dpa. The Operator remains the data controller for all training records uploaded to the Service.
We target 99.9 % monthly uptime measured against the Service health endpoint, excluding scheduled maintenance windows announced at least 7 days in advance. Where we miss this target in two consecutive months, the Operator may credit-claim 5 % of the monthly fee per missed month, capped at 25 % per annum.
Each party will hold the other's confidential information (including Operator data, pricing, security architecture) in confidence and will not disclose it except to employees and contractors with a need-to-know who are bound by equivalent confidentiality terms.
The Service, including all code, design, documentation and trademarks, is owned by Waypoint. The Operator owns its data. The Operator grants Waypoint a non-exclusive licence to host, transmit, back up, and process its data solely to provide the Service.
Each party warrants that it has the authority to enter into these Terms. Waypoint warrants that the Service will perform materially in accordance with the published documentation. Except as stated above, the Service is provided "as is" and Waypoint disclaims all other warranties to the maximum extent permitted by law, including merchantability, fitness for a particular purpose, and non-infringement.
Neither party is liable for indirect, consequential, special, or punitive damages, or for loss of profit, revenue, goodwill, or data (other than data Waypoint is contractually required to back up). Each party's total aggregate liability under these Terms is capped at the fees paid by the Operator in the 12 months preceding the claim, except for: (a) breach of confidentiality, (b) breach of data-protection obligations in the DPA, (c) infringement of the other party's intellectual property, and (d) liability that cannot be limited by law (death, personal injury, fraud).
Waypoint will defend the Operator against any third-party claim that the Service infringes that third party's IP rights, and will pay damages finally awarded, provided the Operator promptly notifies Waypoint, gives Waypoint sole control of the defence, and reasonably cooperates. The Operator will defend Waypoint against any third-party claim arising from data the Operator uploaded to the Service in breach of these Terms.
These Terms run for the subscription term in the Order Form. Either party may terminate for material breach not cured within 30 days of written notice. On termination we will, on request and within 30 days, export the Operator's data in a structured machine-readable format, then delete it (subject to legal retention requirements and rolling 30-day backup expiry).
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, save that either party may seek injunctive relief in any competent court.
We may update these Terms with at least 30 days' notice to Operator administrators. Continued use of the Service after the effective date constitutes acceptance.
Neither party may assign or transfer these Terms without the other's prior written consent (not to be unreasonably withheld or delayed), except that Waypoint may assign, transfer or novate these Terms, in whole, to an affiliate or to a successor in connection with a merger, acquisition, corporate reorganisation, financing, or a sale of all or substantially all of its business or assets, on written notice to the Operator. Any such successor will assume Waypoint's obligations under these Terms and the Data Processing Agreement, and the data-protection commitments in the DPA (including its technical and organisational measures and subprocessor controls) continue to bind the successor. Where a change of control would materially reduce the protections afforded to the Operator's data under the DPA or applicable data-protection law, the Operator may terminate the affected Service and receive a pro-rata refund of prepaid fees for the unused term. These Terms bind and benefit the parties' permitted successors and assigns.