FM Performance

FM Performance — Terms of Use

Last updated: October 23, 2026

These Terms of Use (“Terms”) govern your access to and use of the FM Performance mobile application (“FM Performance”, the “App”), operated by Caerus Digital, LLC (“Caerus Digital”, “we”, “us”, “our”). By downloading, installing, or using FM Performance, you agree to these Terms. If you do not agree, do not use the App.

1. Eligibility

FM Performance is intended for pilots and aviation students. You must be at least 18 years old, or have the consent of a parent or guardian, to use FM Performance.

2. Description of Service

FM Performance is a crew aid that works the published performance charts in a flight manual you supply. It is not certified, approved, or authorized by any aviation authority or operator, and it does not replace your flight manual, your company’s procedures, your dispatch or performance data, or your aircraft’s systems.

3. You Verify Every Result

Every result is advisory. Verify it against the current published manual before you use it. You remain responsible for every performance decision. The App shows the page and cells each answer came from so you can check it.

4. Your Manual

You may import only a manual you are authorized to hold. It stays in the App on your iPad; we never receive it.

5. Manual Errors

The App never changes the data in your manual. Where it suspects a misprint, it flags it and still shows what the manual prints.

6. Purchase

FM Performance is a one-time purchase through the Apple App Store at the price shown on the App Store (currently 9.99 US Dollars). There are no in-app purchases and no subscription. Apple processes the payment; Caerus Digital cannot process refunds for App Store purchases. Refund requests must be submitted to Apple directly.

7. Acceptable Use

You agree not to (a) reverse engineer, decompile, or attempt to extract source code or bundled data from FM Performance, (b) redistribute or resell FM Performance or its content, or (c) use FM Performance in any way that violates law, regulation, or your employer’s policy.

8. No Affiliation

FM Performance is an independent product of Caerus Digital, LLC. It is not affiliated with, endorsed by, or sponsored by any airline, aircraft manufacturer, or pilot union. Aircraft names and model numbers describe the manuals the App reads and remain the property of their owners.

9. Intellectual Property

FM Performance, its source code, design, branding, and content are owned by Caerus Digital and protected by United States and international copyright, trademark, and other intellectual-property laws. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use FM Performance for your own use.

10. Disclaimers

FM PERFORMANCE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. CAERUS DIGITAL DOES NOT WARRANT THAT FM PERFORMANCE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RESULT IS ACCURATE. FM PERFORMANCE IS ADVISORY ONLY AND MUST NOT BE USED AS A SUBSTITUTE FOR YOUR FLIGHT MANUAL, APPROVED PERFORMANCE DATA, FEDERAL AVIATION REGULATIONS, COMPANY PROCEDURES, OR PROFESSIONAL JUDGMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAERUS DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST PAY, DISCIPLINARY ACTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF FM PERFORMANCE, EVEN IF CAERUS DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CAERUS DIGITAL’S TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR FM PERFORMANCE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) FIFTY US DOLLARS.

12. Indemnification

You agree to defend, indemnify, and hold harmless Caerus Digital and its officers, members, and employees from any claim, demand, loss, or expense (including reasonable attorneys’ fees) arising out of your use of FM Performance, your breach of these Terms, or your violation of any third party’s rights, including your employer’s policies.

13. Termination

You may stop using FM Performance at any time by uninstalling the App. We may suspend or terminate your access if you violate these Terms or if we discontinue FM Performance. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the App or by updating the “Last updated” date above. Continued use of FM Performance after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or your use of FM Performance will be resolved exclusively in the state or federal courts located in Virginia, and you consent to the jurisdiction of those courts.

16. Contact

Questions about these Terms can be sent to support@caerus.digital.

Apple-Required EULA Provisions

You acknowledge that these Terms are between you and Caerus Digital only, and not with Apple Inc. (“Apple”). Apple is not responsible for FM Performance or its content. Apple has no obligation to provide any maintenance or support for FM Performance. In the event of any failure of FM Performance to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of FM Performance to you, if applicable; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to FM Performance. Apple is not responsible for addressing any claims by you or any third party relating to FM Performance or your possession or use of FM Performance, including product-liability claims, claims that FM Performance fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection or similar legislation. In the event of any third-party claim that FM Performance or your use of FM Performance infringes that third party’s intellectual property rights, Caerus Digital, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.