Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and Back Hills Assets LLC ("flydeal.ch," "we," "us," or "our"), a company incorporated and registered im Bundesstaat Delaware, Vereinigte Staaten, governing your access to and use of the flydeal.ch website, mobile applications, and flight deal alert service (collectively, the "Service").

Please read these Terms carefully before creating an account or using the Service. By creating an account, accessing the Service, or clicking "I agree" (or a similar affirmation), you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, Cookie Policy, and Data Processing Agreement, which are incorporated herein by reference.

If you do not agree to these Terms, you must not create an account or use the Service.

1. Acceptance of Terms

By accessing or using the Service in any manner, including but not limited to visiting the website, creating an account, receiving flight deal alerts, or subscribing to a paid plan, you signify your agreement to these Terms. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and references to "you" shall include that organisation.

We may update these Terms from time to time as described in Section 18 below. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

2. Service Description

flydeal.ch is a flight deal alert service that helps travellers find exceptionally low airfares from airports worldwide. Our Service works as follows:

• We continuously monitor flight prices from supported airports worldwide.
• When we detect fares that are significantly below average prices for a given route, we compile the deal information and deliver it to our members via their chosen notification channels.
• Members can customise their preferences, including departure airports, destination regions, budget ranges, and notification settings, to receive the most relevant deals.

Important: flydeal.ch is not a travel agency, airline, or booking platform. We do not sell, book, issue, or fulfil flight tickets. We do not act as an agent or intermediary for any airline or travel provider. All bookings are made directly by you with the relevant airline or authorised booking platform. Your relationship with the airline or booking platform is governed by their own terms and conditions, and flydeal.ch has no control over and assumes no liability for their services, pricing, policies, or practices.

3. Eligibility

To use the Service, you must:

• Be at least 16 years of age.
• Be legally capable of entering into a binding agreement under applicable law.
• Not have been previously banned or removed from the Service by us.
• Not be prohibited from using the Service under any applicable law or regulation.

By creating an account, you represent and warrant that you meet all of the above eligibility requirements. If you are creating an account on behalf of another person, you represent that you have their authorisation to do so and that they agree to these Terms.

4. Account Registration

4.1 Creating an Account

To access the Service, you must create an account by providing a valid email address and a secure password. You may also be asked to provide additional information, such as your preferred departure airports and travel preferences.

4.2 Your Responsibilities

When you create and maintain an account, you agree to:

• Provide accurate, current, and complete information during the registration process and keep your account information up to date at all times.
• Create a strong, unique password and keep it secure and confidential. You must not share your password or account credentials with any third party.
• Accept full responsibility for all activity that occurs under your account, whether or not you authorised such activity.
• Notify us immediately at [email protected] if you suspect or become aware of any unauthorised access to or use of your account.
• Maintain only one account per person. Creating multiple accounts to circumvent plan limitations or for any other purpose is strictly prohibited.

4.3 Account Security

We implement industry-standard security measures to protect your account, including encrypted password storage and secure session management. However, we cannot guarantee the absolute security of your account. You are responsible for ensuring that your access credentials are kept secure and for any consequences arising from a failure to do so.

4.4 Account Termination by Us

We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms, engaged in fraudulent or abusive behaviour, or if required by law. Where possible, we will provide you with notice and an opportunity to address the issue before taking action, unless doing so would compromise the security or integrity of the Service.

5. Free and Paid Plans

5.1 Free Plan

The Free plan provides limited access to the Service at no charge. The Free plan includes:

• Up to 1 flight deal alerts per calendar month.
• Email delivery only for deal alerts.
• Major airports: Deal alerts from major airports in your country.
• Popular destinations: Deal alerts covering popular European and international destinations.

The Free plan does not require payment information. We reserve the right to modify the features and limitations of the Free plan at any time with reasonable notice.

5.2 Pro Plan (CHF 11.99/month)

The Pro plan provides enhanced access to the Service for a monthly subscription fee of CHF 11.99. The Pro plan includes everything in the Free plan, plus:

• Unlimited flight deal alerts with no monthly cap.
• Email notification delivery for deal alerts.
• All airports: Deal alerts from all airports in your country.
• Worldwide destinations: Deal alerts covering destinations around the globe, not limited to popular routes.
• Exclusive deals: Access to premium deal alerts that are not available to Free plan users.
• Priority notifications: Receive deal alerts before Free plan users, giving you a better chance of booking before fares increase.

5.3 Max Plan (CHF 24.99/month)

The Max plan is our most comprehensive offering, designed for serious travellers who want every possible advantage. The Max plan includes everything in the Pro plan, plus:

• Custom routes: Configure specific origin-destination pairs that you want us to monitor continuously, and receive alerts the moment a price drop is detected on your chosen routes.
• Multi-city departure airports: Monitor deals from multiple departure airports simultaneously, expanding your travel options.
• Early access: Be among the very first to receive new deal alerts, before Pro and Free plan users, maximising your chance of securing the lowest available fares.

5.4 Ultra Plan (CHF 74.99/month)

The Ultra plan is our premium tier, designed for frequent flyers and travel professionals who demand the highest level of service. The Ultra plan includes everything in the Max plan, plus:

• SMS & WhatsApp alerts: Receive deal notifications instantly via SMS and WhatsApp in addition to email, so you never miss a time-sensitive fare.
• Dedicated travel concierge: Access personalised travel assistance from our concierge team for booking advice, itinerary planning, and priority support.

5.5 Plan Comparisons and Feature Changes

We reserve the right to modify, add, or remove features from any plan at any time. If we make material changes that reduce the features of a paid plan to which you are subscribed, we will provide you with at least 30 days' notice. You may cancel your subscription before the changes take effect if you do not agree with the modifications.

6. Billing and Payment

6.1 Subscription Billing

Paid plan subscriptions (Pro, Max, and Ultra) are billed on a monthly recurring basis. Your subscription begins on the date you first subscribe and renews automatically on the same date each subsequent month (or the last day of the month if the original date does not exist in a given month). Prices are quoted in CHF (CHF) and are inclusive of any applicable taxes unless otherwise stated.

6.2 Payment Processing

All payments are processed securely through Stripe, Inc., our third-party payment processor. By subscribing to a paid plan, you authorise us (through Stripe) to charge your chosen payment method on a recurring monthly basis until you cancel your subscription. You agree to provide accurate and complete billing information and to keep your payment method current.

6.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as supported by Stripe. The availability of specific payment methods may vary depending on your location and your financial institution.

6.4 Failed Payments

If a scheduled payment fails (for example, due to an expired card, insufficient funds, or a declined transaction), we will notify you and attempt to process the payment again. If payment cannot be successfully processed after reasonable retry attempts, we may suspend or downgrade your account to the Free plan until the payment issue is resolved.

6.5 Price Changes

We reserve the right to change subscription prices at any time. If we increase the price of a plan to which you are subscribed, we will provide you with at least 30 days' advance notice before the price change takes effect. The new price will apply starting with your next billing cycle after the notice period. If you do not agree to the new pricing, you may cancel your subscription before the price change takes effect.

6.6 Taxes

Subscription fees may be subject to applicable taxes (such as VAT) depending on your location. Any applicable taxes will be calculated and added at the time of purchase in accordance with applicable law. You are responsible for any taxes that may apply to your subscription based on your jurisdiction.

7. Cancellation and Refunds

7.1 How to Cancel

You may cancel your paid subscription at any time through your account settings on the Service or by contacting us at [email protected]. Cancellation is effective at the end of your current billing period.

7.2 Effect of Cancellation

Upon cancellation of a paid subscription:

• You will retain access to all paid plan features until the end of your current billing period.
• At the end of the billing period, your account will automatically revert to the Free plan with its associated limitations.
• Your account information, preferences, and history will be preserved unless you separately request account deletion.
• You may resubscribe to a paid plan at any time.

7.3 Refund Policy

As a general policy, we do not provide refunds for partial billing periods. However:

• If you cancel within the first 14 days of your initial subscription to a paid plan and have not extensively used the paid features, you may be eligible for a full refund in accordance with EU consumer protection regulations regarding distance contracts (Directive 2011/83/EU).
• If the Service is materially unavailable or non-functional for a prolonged period due to issues on our end, we may issue a prorated refund or credit at our discretion.
• In other exceptional circumstances, we may offer refunds on a case-by-case basis at our sole discretion.

To request a refund, please contact us at [email protected] with the details of your request.

8. Acceptable Use

You agree to use the Service only for its intended purpose and in compliance with all applicable laws and regulations. Specifically, you agree not to:

• Use the Service for any unlawful, fraudulent, or malicious purpose.
• Share, transfer, sell, or otherwise make your account credentials available to any third party.
• Create multiple accounts to circumvent plan limitations, avoid bans, or for any other abusive purpose.
• Resell, redistribute, republish, or commercially exploit flight deal alerts or any other content from the Service without our prior written consent.
• Use automated systems, software, bots, scripts, scrapers, or other automated means to access, monitor, copy, or collect content from the Service.
• Interfere with, disrupt, or impose an unreasonable load on the Service, its servers, or its infrastructure.
• Attempt to gain unauthorised access to any portion of the Service, other users' accounts, or any systems or networks connected to the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any underlying algorithms.
• Use the Service to transmit any viruses, malware, or other harmful code.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

Violation of these acceptable use provisions may result in immediate suspension or termination of your account without notice or refund.

9. Deal Accuracy and Disclaimer

9.1 Nature of Flight Deals

The flight deals we surface are based on fare data available at the time of detection. Flight prices are inherently dynamic and are set and controlled by airlines and booking platforms, not by flydeal.ch. Prices can change rapidly and without notice due to factors entirely outside our control.

9.2 No Guarantee of Availability or Pricing

We make every reasonable effort to provide accurate and timely flight deal information. However, we expressly do not guarantee:

• That any fare displayed in a deal alert will still be available at the time you attempt to book.
• That airlines or booking platforms will honour the fares shown in our alerts.
• The accuracy, completeness, or timeliness of any fare, route, schedule, or availability information.
• That a particular deal will match the exact terms, conditions, or baggage allowances described.
• That deals will be available for specific dates, routes, or numbers of passengers.

9.3 Booking Responsibility

All flight bookings are made directly between you and the airline or booking platform. You are solely responsible for verifying the terms, conditions, and total cost of any flight before completing a booking. flydeal.ch has no control over and is not responsible for any aspect of the booking process, including pricing, seat selection, baggage policies, cancellations, changes, delays, or any other issues related to your flight or travel.

9.4 Recommendation

We strongly recommend that you act promptly when you receive a deal alert, as the best fares tend to be available for limited periods. Always verify the final price and terms directly on the airline or booking platform before confirming your purchase.

10. Intellectual Property

10.1 Our Intellectual Property

The Service and all of its contents, features, and functionality, including but not limited to the flydeal.ch name, logo, branding, website design, text, graphics, images, software, code, algorithms, data compilations, and all other materials associated with the Service, are the exclusive property of Back Hills Assets LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

10.2 Limited Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your personal, non-commercial use. This licence does not include the right to:

• Copy, modify, distribute, sell, lease, or create derivative works based on the Service or its content.
• Use any data mining, robots, scraping, or similar data-gathering or extraction methods.
• Use the Service or its content for any commercial purpose without our prior written consent.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.

10.3 Feedback

If you provide us with feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, modify, and incorporate such Feedback into the Service without any obligation of compensation, attribution, or confidentiality to you.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or that any defects will be corrected. We do not warrant the accuracy or reliability of any information obtained through the Service.
• In no event shall Back Hills Assets LLC, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of (or inability to access or use) the Service.
• Our total aggregate 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 total amount you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) CHF 50.
• We are not responsible for any losses arising from flight bookings, cancellations, changes, delays, overbookings, or any other actions or omissions by airlines, booking platforms, or other third parties.
• We are not liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, power outages, or third-party service disruptions (force majeure).

Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law, including mandatory consumer protection provisions under EU law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Back Hills Assets LLC and its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or access to the Service.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any third party's rights, including intellectual property, privacy, or contractual rights.
• Any flight booking, travel arrangement, or transaction you enter into as a result of a deal alert from the Service.
• Any content or information you submit, post, or transmit through the Service.

This indemnification obligation shall survive the termination of your account and these Terms. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of such claims.

13. Dispute Resolution

13.1 Informal Resolution

We want to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through good-faith negotiation within 30 days. Most concerns can be resolved quickly and to your satisfaction through this informal process.

13.2 Mediation

If the dispute cannot be resolved informally, either party may propose mediation through a mutually agreed-upon mediator in Wilmington, Delaware. Mediation costs shall be shared equally between the parties unless otherwise agreed.

13.3 Jurisdiction

If mediation fails or is not pursued, any disputes arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the competent courts of Delaware, United States, subject to any mandatory consumer protection provisions that may grant you the right to bring proceedings in the courts of your habitual residence under EU law (Regulation (EU) No 1215/2012).

13.4 European Online Dispute Resolution

If you are a consumer in the European Union, you may also use the European Commission's Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr, to submit your complaint. This platform facilitates the resolution of disputes between consumers and online businesses without going to court.

14. Governing Law

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If you are a consumer habitually resident in the European Union, you shall additionally benefit from any mandatory provisions of the law of the EU Member State in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.

16. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of Back Hills Assets LLC to be effective.

17. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and Data Processing Agreement, constitute the entire agreement between you and Back Hills Assets LLC with respect to your use of the Service and supersede all prior or contemporaneous agreements, communications, representations, and understandings, whether oral or written, relating to the subject matter hereof.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date at the top of this page.
• For material changes, we will provide you with at least 30 days' advance notice before the changes take effect, via email to the address associated with your account or through a prominent notice within the Service.
• For non-material changes (such as typographical corrections or clarifications that do not alter the substance of the Terms), changes may take effect immediately upon posting.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Service and, if applicable, cancel your subscription before the changes take effect.

19. Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganisation, or sale of assets.

20. Contact

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us:

• Email: [email protected]
• Company: Back Hills Assets LLC
• Address: 30 N GOULD ST STE R,SHERIDAN, WY 82801,USA

We value your feedback and are committed to addressing your concerns promptly and fairly.