Terms of Service

1. Introduction and Acceptance

These Terms of Service (the “Terms”) form a binding agreement between you and Distal Systems, LLC, a Colorado limited liability company doing business as PilotTracker.io (“Pilot Tracker,” “we,” “us,” or “our”). By creating an account, accessing, or using the website at pilottracker.io or any of its features, products, or services (collectively, the “Service”), you agree to these Terms and to our Privacy Policy, which is incorporated by reference.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and “you” refers to that entity. If you do not have such authority, or if you do not agree to these Terms, you must not use the Service.

2. Definitions

• “Account” means your registered account with the Service.
• “AI Features” means the artificial-intelligence-powered features of the Service that process Customer Data to extract, generate, or transform content — including voice transcription, meeting extraction, document generation, and pilot state updates.
• “Customer Data” means all data, text, files, transcripts, audio, metadata, and other information you upload, input, or submit to the Service, including pilot records, meeting transcripts, voice recordings, and related materials.
• “Subscription” means a paid or free tier of access to the Service.
• “Third-Party Services” means services operated by parties other than Distal Systems, LLC that are integrated with or used to operate the Service.

3. About Us

PilotTracker.io is a registered trade name of Distal Systems, LLC, a Colorado limited liability company. When you contract for the Service, your contract is with Distal Systems, LLC. Our mailing address is:

4. Eligibility

You must be at least 18 years of age to create an Account or use the Service. The Service is intended for use by professionals in a business capacity. By using the Service, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding contract.

5. Account Registration and Security

To use most features of the Service, you must register for an Account and provide accurate, current, and complete information, including a valid email address. You agree to keep this information up to date.

You are responsible for maintaining the confidentiality of your password and for all activities that occur under your Account. You agree to:

• Use a strong, unique password;
• Not share your credentials with any other person;
• Notify us promptly at support@pilottracker.io of any unauthorized use or suspected breach of your Account.

We are not liable for any loss or damage arising from your failure to comply with these security obligations.

6. Description of Service

The Service helps B2B professionals track, manage, and report on customer pilots, proofs of concept, and related engagements. Features include, without limitation:

• Pilot creation, state tracking, and phase-based workflow;
• Meeting transcript upload and AI-based extraction of stakeholders, action items, timelines, and status updates;
• Voice input for updating pilot state;
• AI-generated documents such as pilot agreements and check-in preparation notes;
• Risk flags, health summaries, and other analytics;
• Subscription management and credit tracking for AI usage.

We may add, modify, or discontinue features at any time. We will use commercially reasonable efforts to provide notice of material changes.

7. AI-Generated Output — Important Disclaimers

The Service uses large language models and other artificial intelligence systems (including models provided by Anthropic and OpenAI) to process Customer Data and generate output. You acknowledge and agree that:

(a) Output is not verified. AI-generated content — including extracted pilot state, meeting summaries, generated documents, risk flags, and suggested actions — is produced by automated systems and may contain errors, omissions, hallucinations, or inaccuracies. The Service does not review AI output for correctness.

(b) Output is not professional advice. No AI output constitutes legal, financial, tax, accounting, investment, medical, or other professional advice. You should consult qualified professionals before relying on AI output for any material decision.

(c) You are responsible for verification. You are solely responsible for reviewing, verifying, and validating any AI output before using it, sharing it with third parties, or acting on it. You must not rely on the Service as the sole source of truth for any business decision.

(d) No guarantee of results. We do not guarantee the accuracy, completeness, reliability, currency, or suitability of any AI output for any particular purpose. Your use of AI output is at your own risk.

(e) Non-deterministic outputs. Due to the probabilistic nature of AI models, identical or similar inputs may produce different outputs at different times. We do not guarantee consistency of outputs.

8. Customer Data and License Grant

(a) You own your Customer Data. As between you and us, you retain all right, title, and interest in and to Customer Data. Nothing in these Terms transfers ownership of Customer Data to us.

(b) License to us. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, process, analyze, and modify Customer Data, and to transmit Customer Data to Third-Party Services (including AI providers), solely as necessary to provide, maintain, secure, improve, and support the Service for you.

(c) No model training. We do not use Customer Data to train our own foundation models. As of the date of these Terms, our AI providers (Anthropic via the Claude API and OpenAI via the API) have agreed in their standard API terms not to use customer inputs or outputs to train their models. We will not intentionally submit Customer Data to any AI provider that does not offer equivalent protections, but we cannot be responsible for changes to third-party terms outside our control.

(d) Your representations. You represent and warrant that (i) you have all rights, permissions, and consents necessary to upload and process Customer Data through the Service, including any consents required under applicable law to upload meeting transcripts or voice recordings of other persons, and (ii) your Customer Data does not violate the rights of any third party or any applicable law.

(e) Confidentiality. We treat Customer Data as your confidential information and will not access it except (i) as necessary to provide or improve the Service, (ii) as required to comply with law or legal process, (iii) as necessary to enforce these Terms or investigate suspected violations, or (iv) with your authorization.

9. Acceptable Use

You agree not to, and will not permit any third party to:

• Use the Service in violation of any law or regulation, or to infringe any intellectual property or other right of any person;
• Upload Customer Data you do not have the right to upload, including without the legally required consents from meeting participants for recordings or transcripts;
• Upload or process data subject to heightened regulatory requirements (including protected health information, payment card data, or personal information of children under 13) unless you have obtained our prior written agreement;
• Attempt to probe, scan, or test the vulnerability of the Service or circumvent any security or authentication measure;
• Use any automated means to access, scrape, or extract data from the Service other than via APIs expressly provided for that purpose;
• Reverse engineer, decompile, or otherwise attempt to derive the source code or models underlying the Service;
• Use the Service to build or improve a competing product or service, or to train machine-learning models;
• Resell, sublicense, or provide the Service to third parties without our written permission;
• Upload or transmit viruses, malware, or any code designed to harm the Service or its users;
• Interfere with or disrupt the Service, or attempt to gain unauthorized access to any account, system, or network.

We reserve the right to investigate suspected violations and to suspend or terminate Accounts found to be in violation.

10. Subscription Plans, Credits, and Billing

(a) Tiers. The Service offers a free Starter tier and paid tiers (currently Growth and Team). Current prices, limits, and features are described on our pricing page and may change from time to time.

(b) Credits. Use of AI Features consumes credits. Each tier includes a monthly credit allowance; credits reset at the end of each billing period and do not carry over. Credits have no monetary value, are not refundable, and are not transferable. We may adjust the credit cost of any AI action on prospective notice.

(c) Billing. Paid Subscriptions are billed in advance on a recurring basis (monthly or annual, as you select). By subscribing, you authorize us and our payment processor to charge your payment method for the subscription fee and any applicable taxes on each renewal date until you cancel.

(d) Automatic renewal. Paid Subscriptions renew automatically for successive periods of the same length unless you cancel before the renewal date. You can cancel at any time from your account settings or by emailing support@pilottracker.io.

(e) Taxes. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for any such amounts, other than taxes based on our net income.

(f) Refund policy. Fees are non-refundable except where required by law. If you believe you were charged in error, contact support@pilottracker.io within thirty (30) days of the charge and we will review your request in good faith. We generally do not prorate refunds for unused portions of a billing period.

(g) Price changes. We may change our prices on at least thirty (30) days' prior notice, which will take effect at your next renewal. If you do not accept the new price, your recourse is to cancel before the renewal date.

(h) Suspension for non-payment. If a payment fails or is reversed, we may suspend or terminate your Account after reasonable notice.

11. Third-Party Services

The Service integrates with and relies on services operated by third parties, including but not limited to cloud infrastructure providers, AI model providers (Anthropic, OpenAI), analytics providers, payment processors, and email delivery services. Your use of the Service is subject to the applicable terms of those providers for the data they process. We are not responsible for the acts, omissions, availability, or performance of any Third-Party Service.

We may at any time add, remove, or replace Third-Party Services. If a material change affects how your Customer Data is processed, we will update our Privacy Policy accordingly.

12. Intellectual Property

The Service, including all software, text, graphics, logos, user interface designs, and other content provided by us (collectively, “Our Content”), is owned by Distal Systems, LLC or our licensors and is protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use Our Content solely as necessary to use the Service in accordance with these Terms.

“PilotTracker.io,” “Pilot Tracker,” “Distal Systems,” and any associated logos are trademarks of Distal Systems, LLC. You may not use any of our trademarks without our prior written permission.

13. Feedback

If you provide us with suggestions, ideas, enhancement requests, or other feedback about the Service (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, disclose, reproduce, modify, and otherwise exploit that Feedback for any purpose, without any obligation or compensation to you.

14. Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

15. Termination

(a) By you. You may terminate your Account at any time by canceling from your account settings or by emailing support@pilottracker.io. Termination does not entitle you to a refund of fees already paid, except as described in Section 10(f).

(b) By us. We may suspend or terminate your Account and access to the Service at any time, with or without notice, if we believe in good faith that you have violated these Terms, if required by law, or if continuing to provide the Service to you would create a legal, financial, regulatory, or security risk to us or to other users.

(c) Effect of termination. Upon termination, your right to use the Service immediately ceases. We may delete your Account and Customer Data after a reasonable period, which will typically be no less than thirty (30) days from termination unless earlier deletion is required by law. You should export any Customer Data you wish to retain before canceling.

(d) Survival. Sections that by their nature should survive termination will survive, including Sections 7 (AI Disclaimers), 8 (Customer Data), 12 (Intellectual Property), 13 (Feedback), 16 (Warranty Disclaimer), 17 (Limitation of Liability), 18 (Indemnification), 19–20 (Governing Law and Arbitration), and 24 (Contact).

16. Warranty Disclaimer

THE SERVICE, INCLUDING ALL AI FEATURES AND AI OUTPUTS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISTAL SYSTEMS, LLC DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY AI OUTPUT, RISK FLAG, HEALTH SUMMARY, OR OTHER ANALYTICAL RESULT GENERATED BY THE SERVICE, AND YOU EXPRESSLY ASSUME THE RISK OF USING ANY SUCH OUTPUT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DISTAL SYSTEMS, LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not we were advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless Distal Systems, LLC and its members, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your Customer Data, including any claim that your Customer Data infringes or violates the rights of a third party or applicable law; (c) your breach of these Terms or any representation or warranty made by you; or (d) your violation of applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

19. Governing Law

These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

(a) Agreement to arbitrate. Except for claims for injunctive or other equitable relief and claims regarding intellectual property rights (which may be brought in any court of competent jurisdiction), any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final, binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, for claims under US$250,000, its Streamlined Arbitration Rules and Procedures) in effect at the time arbitration is commenced. The arbitration shall be held in Denver, Colorado, or at another location mutually agreed by the parties, and shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

(b) Class action waiver. You and we agree that each may bring claims against the other only in an 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 preside over any form of representative or class proceeding.

(c) Small claims exception. Either party may bring a claim in small claims court in Jefferson County, Colorado, if the claim qualifies.

(d) Venue for non-arbitrable disputes. For any claim that is not subject to arbitration under this Section, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Jefferson County, Colorado.

21. Export Control and Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. economic sanctions or embargoes, and that you are not listed on any U.S. government list of restricted or prohibited parties. You agree to comply with all applicable export control and sanctions laws in your use of the Service.

22. Force Majeure

We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbances, labor disputes, governmental actions, internet or telecommunications failures, third-party service outages (including outages of AI providers), epidemics, or pandemics.

23. General Provisions

(a) Entire agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

(b) No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

(c) Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

(d) Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

(e) No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

(f) Notices. We may give you notices by email to the address associated with your Account, by posting notices on the Service, or by other reasonable means. You must give us notices by email to support@pilottracker.io or by mail to the address in Section 3.

(g) Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the “Last Updated” date. For material changes that affect your rights, we will provide at least thirty (30) days' advance notice by email or through the Service. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service.

24. Contact

Questions about these Terms? Contact us at: