Terms of service

1. Agreement

These terms are an agreement between you and N1099.com LLC (“n1099”, “we”, “us”), a California limited liability company that operates n1099.com. By creating an account, or by opening an invoice link and taking an action on it, you accept them. If you use n1099 on behalf of a company, you confirm that you have authority to bind that company. The version and effective date are at the top of this page.

2. The service

n1099 is software for creating and sending invoices, tracking receivables, keeping rate cards, sharing invoices with the people who pay you, and, for owners and operators, reviewing invoices and coordinating a private roster. We send email on your behalf when you ask us to (invoices, reminders, invitations) and record the delivery events our email provider reports.

The pilot service is free of charge today: clients, trips, rate cards, invoices, delivery, reminders, receivables, the owner review link, the basic owner portal and exports. We may introduce paid plans, change what each plan includes, or add, change and remove features. When a change reduces what your current plan includes or introduces a charge for something you use, we give account holders at least 30 days’ notice by email before it applies. Nothing in these terms obliges us to keep any feature or price unchanged.

3. Your account

• You sign in with a link sent to your email. Keep that inbox secure; anyone who controls it can sign in as you.
• You must be at least 18 and able to enter contracts.
• One person per pilot account. Owner accounts may have several users, each responsible for their own actions.
• Tell us promptly at security@n1099.com if you believe your account has been accessed without permission.

4. Your content and your responsibility

You own what you put into n1099: your clients, trips, rates, invoices, receipts and notes. You grant us a non-exclusive license to store, process, display, deliver and back up that content in order to provide the service to you and to the people you share it with, and for no other purpose. We claim no other rights in it.

You are responsible for the accuracy of your invoices, the terms you agree with your clients, and compliance with the laws that apply to your business, including tax reporting, sales and use tax, and any licensing or regulatory requirements. n1099 performs arithmetic on the numbers you enter; it does not verify them, and totals, exports and year-end summaries are informational. n1099 does not prepare or file tax forms, including Form 1099, for anyone.

5. What n1099 is not

• Not tax, legal, accounting or financial advice. Calculators, reports, rate suggestions, templates and articles are general information, provided without regard to your situation. Confirm anything that matters with a qualified professional.
• Not a staffing agency, broker, employer or agent. n1099 does not place pilots, does not match pilots with operators, takes no fee on any flight, and has no role in any agreement between a pilot and an owner. Each pilot and owner decides independently whom to work with and on what terms.
• No operational control. n1099 has no involvement in the planning, dispatch, conduct or crewing of any flight. Pilot-in-command authority, airworthiness, crew qualification, duty and rest, insurance and regulatory compliance remain entirely with the pilot and the operator.
• No verification. n1099 does not verify, and does not represent, that any pilot is current, type-rated, insured, medically qualified or available, or that any owner or operator is who they say they are or able to pay. All information in the service is entered by users and is exactly that.
• Not a payment processor or escrow. We do not hold, move, collect or guarantee money. A payment status in n1099 is a record made by a user: a payment reported by a payer is labelled as reported until the pilot confirms it, and a payment recorded by a pilot is that pilot’s own record. n1099 is not a party to any payment and is not responsible for whether, when or how anyone pays.

6. Acceptable use

Do not use n1099 to:

• send invoices, reminders or invitations to people who have no business relationship with you, or to send unsolicited commercial email of any kind;
• misrepresent who you are, whom you invoice on behalf of, or what was done;
• upload content that is unlawful, infringing, defamatory or malicious, or that you do not have the right to share;
• scrape, harvest or compile information about other users;
• probe, overload or interfere with the service or its security, other than through our responsible disclosure process;
• resell or white-label the service, or access it with automated tools, without our written agreement.

7. Fair use of a free service

Free means free for working pilots and the businesses that pay them, not for automated or bulk use. We apply limits that an individual user does not normally reach (for example on emails per day, upload sizes and request rates). If legitimate use reaches a limit, email us and we review it. We may throttle or close accounts that exist mainly to consume resources, send unsolicited email or test the service’s limits.

8. Email we send for you

Invoices, reminders and invitations go out at your instruction, in your name, with your content, and you are the sender for the purposes of email and anti-spam law. You confirm that you have a legitimate business reason to contact each recipient. When a recipient tells us they do not want further email from you, we honor that, which limits what you can send to them through n1099.

9. Availability and changes

We work to keep the service available and accurate and we keep backups, but we do not promise uninterrupted or error-free service. We may change, suspend or discontinue any part of the service. If we discontinue the service as a whole, we give account holders notice by email and keep exports available for a reasonable period, which is at least 30 days.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT ANY INVOICE WILL BE DELIVERED, READ, APPROVED OR PAID, OR THAT ANY CALCULATION, TOTAL OR EXPORT IS CORRECT OR SUITABLE FOR TAX OR ACCOUNTING PURPOSES.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, N1099.COM LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES AND CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF ONE HUNDRED US DOLLARS OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS THE LIMITATIONS APPLY TO THE EXTENT PERMITTED.

12. Indemnity

You agree to defend, indemnify and hold harmless N1099.com LLC from claims, damages and expenses, including reasonable attorneys’ fees, arising from your content, your invoices, your agreements with third parties, your use of the service or your breach of these terms.

13. Termination

• You may delete your account at any time from settings. Export first; deletion is permanent after the retention window in our privacy policy.
• We may suspend or close accounts that violate these terms, create risk for other users or for us, or that we are required to close by law. Where practical we warn you first and give you an opportunity to export.
• Sections 4, 5 and 10 through 15 survive termination.

14. Governing law, venue and disputes

These terms, and any dispute arising out of or relating to them or to the service, are governed by the laws of the State of California, without regard to its conflict-of-law rules, and by applicable federal law. Before filing any claim, you agree to email legal@n1099.com and give us 30 days to resolve it informally. Any claim that is not resolved informally is brought exclusively in the state or federal courts located in California, and you and we consent to the personal jurisdiction of those courts. To the extent permitted by law, each party brings claims only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and each party waives trial by jury.

15. California residents

Under California Civil Code section 1789.3, California residents are entitled to the following notice: the service is provided by N1099.com LLC. To resolve a complaint about the service or to receive further information, contact us at legal@n1099.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16. General

These terms, together with the privacy policy, are the whole agreement between you and us about the service and replace any earlier agreement on the subject. If any part is unenforceable, the rest stands. We may assign this agreement in connection with a merger, acquisition or sale of assets; you may not assign it without our written consent. Our not enforcing a term is not a waiver of it. We may update these terms; the current version is always on this page, and material updates are announced to account holders by email at least 14 days before they apply. Continued use after that date is acceptance of the updated terms.

17. Contact

legal@n1099.com for anything about these terms.