Terms of Service

The legal agreement governing your use of the Flightplan workforce capacity planning platform.

Effective: March 12, 2026 Governing Law: Utah Version 1.0

01 Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and TDY.ai, LLC d/b/a TODAY (“Company,” “we,” “us,” or “our”), governing your access to and use of the Flightplan workforce capacity planning platform (“Service” or “Platform”).

By accessing or using Flightplan, creating an account, or clicking “I Agree,” you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind such entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least thirty (30) days before they take effect. Continued use after the effective date of any changes constitutes your acceptance of the modified Terms.

02 Description of the Service

Flightplan is a cloud-based workforce capacity planning software-as-a-service (SaaS) platform designed to help organizations manage resource allocation, project scheduling, and capacity analytics. The Service includes:

The Service is offered in three tiers: Team, Business, and Enterprise. Feature availability varies by tier. The Company reserves the right to modify, suspend, or discontinue any feature with reasonable notice.

03 Account Registration & Security

To use Flightplan, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account.

3.1 Organization Accounts

Flightplan operates on a multi-tenant architecture with organization-level data isolation. Each organization has designated roles:

3.2 Authentication

All accounts are protected by JWT-based authentication with bcrypt password hashing. You must use a strong, unique password. We strongly recommend enabling all available security features for your account. You must notify us immediately at security@tdy.ai if you suspect unauthorized access.

3.3 Account Termination

We may suspend or terminate your account if you violate these Terms, fail to pay fees when due, or engage in conduct that threatens the security or integrity of the Service. Upon termination, you will have thirty (30) days to export your data before it is permanently deleted.

04 Acceptable Use

You agree to use Flightplan solely for its intended purpose of workforce capacity planning and resource management. You shall not:

Violation of this policy may result in immediate suspension or termination of your account without prior notice.

05 Fees, Billing & Payment

5.1 Subscription Fees

Flightplan is offered on a subscription basis. Fees vary by tier (Team, Business, Enterprise) and are based on the number of active resources managed within your organization. All fees are quoted in U.S. Dollars and are exclusive of applicable taxes.

5.2 Payment Terms

Invoices are due upon receipt unless otherwise specified in a separate written agreement. Payment may be made by credit card, ACH transfer, or wire transfer. Enterprise customers may arrange net-30 payment terms upon credit approval.

5.3 Late Payments

Overdue balances accrue interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower). We reserve the right to suspend access to the Service if payment is more than fifteen (15) days overdue after written notice.

5.4 Refund Policy

You may request a billing adjustment within seven (7) days of any charge. Refunds are issued at our sole discretion and are limited to the amount of the disputed charge. Annual subscriptions may be eligible for a pro-rated refund within the first thirty (30) days. No refunds are provided after this period.

5.5 Price Changes

We may adjust pricing with at least sixty (60) days written notice prior to your next renewal date. Continued use of the Service after the price change takes effect constitutes acceptance of the new pricing.

06 Data Ownership & Intellectual Property

6.1 Your Data

You retain all rights, title, and interest in the data you submit to Flightplan (“Customer Data”), including resource profiles, project information, allocations, timesheets, capacity analytics, and skills data. We do not claim ownership of your data.

6.2 License to Us

You grant us a limited, non-exclusive license to host, store, process, and display your Customer Data solely for the purpose of providing and improving the Service. We will not sell, share, or use your data for advertising or any purpose unrelated to the Service.

6.3 Our Intellectual Property

The Service, including all software, algorithms, user interfaces, designs, documentation, and trademarks (including “Flightplan” and the radar emblem), is the exclusive property of TDY.ai, LLC d/b/a TODAY. Nothing in these Terms grants you any right to use our intellectual property except as expressly permitted to access and use the Service.

6.4 Feedback

If you provide suggestions, ideas, or feedback regarding the Service (“Feedback”), you grant us an irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

07 Confidentiality

Each party agrees to maintain the confidentiality of the other party’s Confidential Information. “Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Confidential Information does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (d) is lawfully obtained from a third party without restriction.

Each party shall use at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care, to protect the other party’s Confidential Information. This obligation survives termination of these Terms for a period of three (3) years.

08 Service Availability & Warranties

8.1 Service Level

We commit to maintaining the Service availability as defined in our Service Level Agreement (SLA), which varies by tier: Team (98%), Business (99%), Enterprise (99.5%). Scheduled maintenance is performed during our standard maintenance window: Sundays, 2:00 AM — 6:00 AM Mountain Time.

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND THE SLA, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

09 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TDY.AI, LLC D/B/A TODAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).

This limitation of liability applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

10 Indemnification

You agree to indemnify, defend, and hold harmless TDY.ai, LLC d/b/a TODAY and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

We will promptly notify you of any claim subject to indemnification and cooperate with your defense. You may not settle any claim without our prior written consent if the settlement imposes obligations on us or admits fault on our behalf.

11 Dispute Resolution & Arbitration

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions.

11.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Utah by a single arbitrator.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration.

11.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.

12 General Provisions

12.1 Entire Agreement

These Terms, together with the Privacy Policy, Security Policy, and Service Level Agreement, constitute the entire agreement between you and TDY.ai, LLC d/b/a TODAY with respect to the Service.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

12.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.

12.6 Notices

All legal notices must be sent to legal@tdy.ai. We may provide notices to you via the email address associated with your account or through in-app notifications.

12.7 Contact

For questions about these Terms, contact us at: