PlaneSense, Inc. and Affiliates

This SMS Text Messaging Policy (the “Policy”) governs the use of short message service text messages (SMS), over-the-top (OTT) messaging, and multimedia message service (MMS) text messages (collectively, “Text Messages”) sent by PlaneSense, Inc. and its affiliated entities, including Cobalt Air, LLC and Atlas Aircraft Center, Inc. (collectively, “PlaneSense,” the “Company,” “we,” “us,” or “our”) to individuals who consent to receive such communications (“you”).

This Policy is intended to describe how PlaneSense uses text messaging, the conditions under which messages are sent, and your rights and choices with respect to Text Messages. This Policy supplements, and does not replace, PlaneSense’s Legal Notice at planesense.com/legal, or its Privacy Policy, available at planesense.com/privacy.

1. Scope of Text Messaging Services

PlaneSense and its employees may send Text Messages via Company-specific or employee- specific mobile phone numbers and/or messaging services for operational, transactional, informational, safety-related, customer service, job application/employment opportunity, or limited promotional purposes. Examples of such Text Messages may include, but are not limited to, flight-related or travel information, account or Services updates, transaction updates, messages to our vendors and/or suppliers, scheduling communications, secure Multi Factor Login (MFA) capabilities, job application updates, employee-to-employee communications, and any responses to any inbound inquiries. Message content and frequency may vary depending on your interactions with PlaneSense.

2. Consent and Opt-In

By providing your mobile telephone number to PlaneSense, you are opting in to receive Text Messages. You:

• Confirm that you are at least eighteen (18) years of age;
• Represent that you are the account holder for the mobile number provided, or that you have the account holder’s express authorization to enroll the number; and
• Provide your prior express consent to receive Text Messages from PlaneSense, which may be sent using an automatic telephone dialing system or other automated technology, as permitted by applicable law.

You understand that your consent is voluntary and is not required as a condition of purchasing an aircraft fractional interest, jet card, or other services (including as a charter operator, charter broker, fleet service, or maintenance; collectively, our “Services”) from PlaneSense, contracting or working with PlaneSense as a Company vendor or supplier, or as a condition of employment with PlaneSense. Not providing your mobile telephone number and not consenting to receive Text Messages may prevent us from providing you with a commonly used communication and interaction experience.

Your consent may be obtained through written, electronic, or other affirmative means permitted by applicable law. You agree to maintain accurate and current contact information and to promptly notify PlaneSense if ownership of your mobile number changes.

3. Electronic Records and Signatures

By opting in to receive Text Messages, you consent to the use of electronic records to document your agreement and acknowledge that such electronic records satisfy any applicable legal requirements for written agreements.

4. Message Frequency and Costs

Message frequency will vary based on your relationship with PlaneSense and your communications with us. PlaneSense does not charge for Text Messages; however, standard message and data rates may apply according to your wireless service plan. You are solely responsible for any charges imposed by your mobile carrier and other networks and service providers.

5. Opt-Out and Help Instructions

You may revoke your consent and opt out of receiving Text Messages at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or OPT OUT to any message you receive. After you opt out, you may receive a final confirmation message acknowledging your request.

For assistance, you may reply HELP to any Text Message or contact PlaneSense using the contact information provided below.

Opt-out requests apply on a conversation-by-conversation or number-by-number basis, depending on the context of the communication.

6. Privacy and Use of Information

PlaneSense respects your privacy. Information collected in connection with Text Messaging services may include your mobile phone number and other information necessary to provide the messaging service and respond to your inquiries.

Such information may be shared with service providers, mobile carriers, and vendors who assist PlaneSense in providing its Services, delivering Text Messages, or as required by law. PlaneSense does not sell any text messaging opt-in or consent information.

For more information about how PlaneSense collects, uses, and protects personal information, please review our Privacy Policy at planesense.com/privacy, which is incorporated by reference into this Policy.

7. Service Availability and Limitations

Text Messaging services may not be available in all geographic areas or supported by all mobile carriers or devices. PlaneSense does not guarantee delivery of any Text Message and is not responsible for delays, failures, or errors in the transmission of Text Messages.

8. Acceptable Use

You agree not to use PlaneSense’s Text Messaging services for any unlawful, abusive, or inappropriate purpose, or in any manner that interferes with the operation of the Services or infringes the rights of others.

9. Changes to This Policy

PlaneSense reserves the right to modify or discontinue its Text Messaging services or this Policy at any time. Any updates will be effective upon posting or as otherwise communicated to you. Continued participation in Text Messaging services after changes become effective constitutes acceptance of the revised Policy.

10. Mandatory Arbitration and Class Action Waiver

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

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to this Policy or PlaneSense’s Text Messaging services (each, a “Dispute”) shall be resolved exclusively through final and binding arbitration on an individual basis, and not in a class, collective, representative, or private attorney general action.

Arbitration shall be administered by a nationally recognized arbitration provider in accordance with its applicable rules and procedures. The arbitrator shall have the authority to award any relief that would otherwise be available in court, except that the arbitrator shall not have authority to conduct a class or representative arbitration.

You and PlaneSense knowingly and voluntarily waive any right to a trial by jury and any right to participate in a class, collective, or representative proceeding relating to any Dispute. To the fullest extent permitted by applicable law, if you or we want to assert a Dispute against the other, then you or we must commence it (by delivery of written notice) within one (1) year after the Dispute arises, or it will be barred.

If any portion of this Section is found to be unenforceable, the remainder shall remain in full force and effect to the maximum extent permitted by law.

11. Governing Law

This Policy and any Dispute arising out of or relating to this Policy or the Text Messaging services shall be governed by and construed in accordance with applicable federal law and, to the extent not preempted, the laws of the State of New Hampshire, without regard to conflict of law principles.

12. Contact Information

For questions or support related to this Policy or PlaneSense’s Text Messaging services, please contact:

PlaneSense, Inc.
Attn: Legal Department
privacy@planesense.com

This Text Messaging Policy is intended to comply with the Telephone Consumer Protection Act (TCPA), related FCC regulations, and applicable state laws, and should be read in conjunction with PlaneSense’s Privacy Policy and other applicable terms and conditions.