Terms of Service
Last Updated: November 21, 2025
Welcome to Blade Urban Air Mobility. These Terms of Service (the "Terms") govern access to and use of our websites that link to these Terms (the "Websites") as well as the use of any mobile application that links to these terms (collectively, the "App" and together with the Websites, the "Blade Systems"). These Terms also govern our services for arranging and booking air and ground transportation and any other products, services, events or otherwise that we make available to you (whether or not via the Blade Systems) (such products and/or services, the "Blade Services" and together with the Blade Systems, the "Services"). In addition to these Terms, other terms, conditions and/or agreements specific to Blade Services ("Other Terms") may apply to your use and purchase of the Services from Blade, including, without limitation, the following terms, conditions and/or agreements:
- General Air Transportation Terms and Conditions
- Single Entity Charter Terms and Conditions
- Public Charter Operator-Participant Agreement
- Cancellation and Change Policies
- Luggage Policies
- Pet Policy
- Auto-Renewal Terms and Conditions
- Any other terms, conditions and/or agreements accepted when purchasing, booking, reserving and/or utilizing the Services
These Terms, together with any Other Terms, and any other terms, conditions, agreements and/or policies that link to these Terms, are referred to herein as the "Agreement." Unless otherwise expressly superseded by the terms of any Other Terms, in the event of a conflict between the terms of any Other Terms and the terms of these Terms, these Terms will control.
The Agreement is a binding legal agreement between all visitors, users, and others who access or use the Services ("users," "you," or "your") and Blade Urban Air Mobility, Inc., located at 31 Hudson Yards, 14th Floor, New York, NY 10001 ("Blade", "we" or "us"). If you are entering into the Agreement on behalf of a company, organization, or similar entity, you are agreeing to the Agreement for that entity and representing to us that you have the authority to bind such entity to the Agreement.
IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER.
Except for Section 13 which provides for binding arbitration and waiver of class action rights, we reserve the right to modify the Agreement at any time in our sole discretion. Any such modification will be effective upon the posting of the modified terms of the Agreement, so we encourage you to check back here from time to time for any such modifications. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Blade Systems or via email. Your continued use of the Services following the effective date of any changes to the Agreement constitutes acceptance of those changes. If you do not agree to the new terms of the Agreement, you may not use the Services.
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GENERAL.
a. Use and Eligibility. By accessing or using the Services, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and the Other Terms governing the applicable services which are incorporated herein by reference. If you do not agree to be bound by these Terms or any provisions hereof, please do not access or use the Services.
You may only use the Services if you can form a binding contract with Blade (either on behalf of yourself or the entity you represent), and only in compliance with the Agreement and all applicable local, state, national, and international laws, rules and regulations. By accessing or using the Services, including by registering a User Account (defined below), you represent and warrant that (A) you are at least 18 years of age, (B) you will use the Services in accordance with the Agreement and all applicable local, state, national and international laws, rules and regulations, and (C) if registering on behalf of a company, organization or other entity, you are an authorized representative of the entity and have the authority to bind such entity to these Terms. The Services are not available to any users previously removed from the Services by Blade.
b. User Account. In order to use certain parts of the Services, you may be required to register for an account ("User Account") on behalf of yourself and/or on behalf of any entity or individual for which you are registering. You are responsible for ensuring that (A) all required registration information you submit is truthful and accurate, and (B) your contact information is current. You are solely responsible for maintaining the confidentiality and security of your User Account login information. You agree not to share your login credentials or access to your User Account with anybody or to create more than one account. We are not liable for any losses incurred by you or any party as a result of unauthorized use of your User Account. You agree to notify us immediately of any unauthorized use of your User Account.
c. Acceptable Uses when Booking Travel Through the Blade Systems. The Blade Systems are designed to facilitate the arrangement and booking of transportation for legitimate personal or business purposes. By using the Blade Systems, you agree to arrange and book transportation (i) for lawful purposes only, and (ii) only for your own use or for individuals who have authorized you to make travel arrangements on their behalf (e.g., family, friends, colleagues). You further agree that you will not arrange and book transportation in connection with any activities that are illegal, or otherwise fraudulent or malicious, such as bookings that involve fictitious, fraudulent, abusive, or duplicative transactions.
d. Blade Credits. From time to time during the use of the Services, you may be eligible to receive credits from Blade ("Blade Credits"), including, without limitation, for refunds or change in travel plans in accordance with our Cancellation and Change Policies, for promotional or partnership purposes applicable to the booking of Blade Services, for certain discontinuations of a Blade Service directly linked to a Pass or Pack, and/or for other reasons determined by Blade in Blade's sole discretion. Unless otherwise agreed to by Blade in its sole discretion or set forth in any terms, conditions, policies and/or agreements applicable to Blade Credits, Blade Credits will be maintained in your User Account and will expire twelve (12) months following the date of issuance. Blade reserves the right in its sole discretion to remove any expired Blade Credits from your User Account at any point after expiration. Blade Credits may only be redeemed to purchase future Services made available to you by Blade in accordance with their respective terms.
e. Blade Referral Program. Blade offers a referral program (the "Blade Referral Program") in which you may share a personal referral code with new users and receive Blade Credits in exchange for such referrals. Any Blade Credits received in exchange for such referrals shall expire at the end of the calendar year in which they were added to your User Account.
f. Passes and Packs.- Blade may offer subscription-based products (each a "Pass", collectively the "Passes") in relation to certain Blade Services, each with its own defined duration (the "Pass Term"), including but not limited to the BLADE Airport Pass, the Airport Luggage Pass, and the BLADE Commuter Pass.
- Blade may offer bundle-based products (each a "Pack", collectively the "Packs") that entitle the Customer to a specified number of Blade Services (the "Pack Quantity") at a discounted rate, each with its own defined duration (the "Pack Term"), including but not limited to the BLADE Westchester 10 Pack, and the BLADE Westchester 5 Pack.
- Any utilization or redemption of any Passes or Packs will be subject to the availability of the corresponding Blade Service, including but not limited to cancellations, weather-related disruptions, aircraft capacity limitations, scheduling changes, and other operational considerations.
- If Blade discontinues a Blade Service associated with any Pass or Pack during the Pass Term or Pack Term, rendering a Pass or Pack unusable, Blade will provide the purchaser of the Pass or Pack with a pro-rated refund in the form of Blade Credits as follows:
- for Passes, the pro-rated refund will be calculated by multiplying the amount paid by the purchaser of the Pass by a fraction, the numerator of which is the number of days remaining in the Pass Term and the denominator of which is the number of total days in the Pass Term; and
- for Packs, the pro-rated refund will be calculated by multiplying the amount paid by the purchaser of the Pack by a fraction, the numerator of which is the number of unutilized, applicable Blade Services left in the Pack and the denominator of which is the Pack Quantity.
- Notwithstanding anything to the contrary, for purposes of the foregoing refunds, Blade will determine what constitutes the discontinuation of a Blade Service in its sole and absolute discretion and in no event will individual flight cancellations (e.g., cancellations for temporary flight restrictions, weather, operational considerations) or unavailability of specific flights (e.g., due to aircraft capacity or scheduling changes) constitute the discontinuation of a Blade Service.
- PAYMENTS AND AUTHORIZATION. The price applicable currency of, and available payment method for, the Blade Services you are purchasing will be set out during your booking process. You agree to pay all amounts due, including any applicable taxes, and any applicable upgrade and/or add-on fees charged (whether at the time of booking, check-in or post-travel) ("Add-Ons") in connection with any purchase or reservation you make through the Blade Systems at the time of purchase (collectively, the "Fees"). By adding your payment method to your User Account, and using such payment method to purchase Blade Services, you understand that, unless otherwise stated or agreed to, we will charge the designated payment method in your User Account for the applicable Fees, and you hereby authorize us to do so. For the avoidance of doubt, you authorize us to charge the payment method on file in your User Account for any Add-Ons purchased by any individual named on a reservation made by you. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD FOR ANY FEES DUE AND PAYABLE FOR BLADE SERVICES.
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INTELLECTUAL PROPERTY.
a. License. Subject to the terms and conditions herein, we grant you a limited, revocable, non-sublicensable, non-exclusive, non-transferable, non-assignable license to access and use the Services solely for the permitted uses described herein.
b. Intellectual Property Ownership. As between you and Blade, the Services, including without limitation any content, data, graphics, sound, artwork, computer code, logos, patents, trademarks, service marks, copyrights, and all the intellectual property rights therein or relating thereto, are and shall remain the exclusive property of Blade. Nothing in these Terms shall be interpreted to provide you with any rights in the foregoing, except the limited right to use the Services expressly set forth herein.
c. Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Services or our business in general, including ideas for new features, materials, and other content ("Feedback"). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. Blade has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you. - PROHIBITED USES. In using the Services, you agree that you shall not, and shall not encourage, assist or enable any other third party to: (i) reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or services or data found in or on the Services; (ii) engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation; (iii) engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, or otherwise violates any law or right of Blade, its users, or any third party, including privacy rights, copyrights, or other intellectual property rights; (iv) remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services, or on any materials printed or copied from the Services; (v) copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (vi) take action that imposes, or may impose, in the discretion of Blade, an unreasonable or disproportionately large load on the Blade\'s infrastructure; (vii) collect or harvest any personally identifiable information, including account names, from the Services; (viii) resell or make any commercial use of the Services except as authorized hereunder without our prior written consent; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Services; (xi) access any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) access the Services to build a similar or competitive website, application, product, or service.
- MODIFICATION, SUSPENSION & TERMINATION. We reserve the right to modify or discontinue any portion, or all, of the Services, for any reason whatsoever and to restrict, suspend, and terminate any user's User Account in our sole discretion and/or as set forth in the Agreement.
- WARRANTY DISCLAIMER. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, AND BLADE HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BLADE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;.PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
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ADDITIONAL DISCLAIMERS.
a. IN PROVIDING BLADE SERVICES THAT INCLUDE AIR TRANSPORTATION OR GROUND TRANSPORTATION ("TRANSPORTATION SERVICES"), BLADE CONTRACTS WITH THIRD PARTY PERSONS AND/OR ENTITIES THAT MANAGE, MAINTAIN, AND OPERATE AIRCRAFT AND/OR VEHICLES OPERATING AND PROVIDING THE TRANSPORTATION SERVICES ("TRANSPORTATION PROVIDERS"). BLADE OFFERS INFORMATION AND A METHOD TO OBTAIN TRANSPORTATION SERVICES PROVIDED BY THIRD PARTY TRANSPORTATION PROVIDERS, BUT DOES NOT, AND DOES NOT INTEND TO, DIRECTLY OPERATE ANY TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD-PARTIES.
b. BLADE MAY INTRODUCE YOU TO TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION SERVICES, BUT BLADE DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY TRANSPORTATION PROVIDER.
c. YOU ACKNOWLEDGE AND UNDERSTAND THAT BLADE DOES NOT MONITOR ANY TRANSPORTATION PROVIDER'S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND BLADE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A TRANSPORTATION PROVIDER'S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. BLADE DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING YOUR USE OF THE SERVICES.
d. BLADE DOES NOT PROVIDE, NOR DOES IT MAINTAIN, LIABILITY INSURANCE COVERAGE, OR ANY OTHER INSURANCE THAT EXTENDS OR IS INTENDED TO PROVIDE ANY COVERAGE, PROTECTION, OR BENEFIT TO YOU BEFORE, DURING, OR AFTER ANY FLIGHT YOU MAY PURCHASE.
e. YOU ACKNOWLEDGE AND UNDERSTAND THAT THIS LIST OF ADDITIONAL DISCLAIMERS MAY NOT BE EXHAUSTIVE AND THAT THERE MAY BE ADDITIONAL DISCLAIMERS INCLUDED IN THE OTHER TERMS APPLICABLE TO YOUR PURCHASES -
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY
a. The terms and conditions of this Section 8 will be referred to as the "Release". The Release pertains to the Transportation Services arranged and/or coordinated by the Released Parties (as defined below) and the Transportation Providers thereof. Your purchase, reservation, and/or participation in the Transportation Services will indicate your acceptance of this Release by you on behalf of yourself and any other individual(s) participating in the Transportation Services ("Releasor"), and confirmation that Releasor will release the Released Parties of liability in accordance with the terms of the Release. For purposes of the Release, "Released Parties" means, collectively, Blade and its parent, subsidiary, and affiliate companies and each of their respective directors, officers, employees, members, agents, representatives, successors, and assigns. By purchasing, reserving, or otherwise participating in the Transportation Services for yourself or on behalf of a third party (e.g., your employer, your employee, your minor child, your spouse, your friend, your relative, etc. (each a "Participant")) you represent and warrant that you have the full legal authority and permission and right to contract, including the authority to accept all of the terms of the Release, for and on behalf of yourself and any Participant. You further represent and warrant that you have conveyed the terms of the Release to each such Participant. Releasor (for themselves and any Participant(s)) acknowledges that the Released Parties do not operate and will not be in operational control of the Transportation Services. The Transportation Services will be operated by Transportation Providers and the Released Parties will have no responsibility or liability for any Transportation Services operated by such Transportation Providers. Releasor (for themselves and any Participant(s)) understands that the Transportation Services will involve air transportation and/or ground transportation and carry certain inherent risks that cannot be eliminated completely, including without limitation, property damage, bodily injury, and/or death. By reserving or otherwise participating in the Transportation Services, Releasor (for themselves and any Participant(s)) acknowledges that they are aware of these risks, have conveyed these risks for Participants, and freely assumes, and each Participant assumes, any and all responsibility for any and all related damages and risks, both known and unknown, even if arising from the negligence of the Released Parties. RELEASOR ACKNOWLEDGES (FOR THEMSELVES AND ANY PARTICIPANT(S)) THAT TRANSPORTATION SERVICES ARE ENTIRELY OPTIONAL AND VOLUNTARY AND THAT RELEASOR ACKNOWLEDGES (FOR THEMSELVES AND ANY PARTICIPANT(S)) HAVE FREELY ELECTED TO PARTICIPATE NOTWITHSTANDING THE POTENTIAL RISKS INVOLVED, KNOWN AND UNKNOWN, INCLUDING SERIOUS INJURY OR DEATH.
b. Transportation Providers shall be solely responsible for all claims and/or disputes arising out of any and all occurrences, accidents or incidents that occur on or in connection with the Transportation Services provided by Transportation Providers, including without limitation, property damage, bodily injury, and/or death. Blade will not be a party to any claims or disputes between you and any Transportation Provider; however, Blade reserves the right, but has no obligation, to monitor such claims and/or disputes. In no event will the Released Parties be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, replacement costs, consequential and/or incidental, arising out of or relating to the participation of Releasor or any Participant in the Transportation Services or otherwise in connection with the Transportation Services, including, without limitation, death, bodily injury, property damage, emotional distress and/or any other damages. Neither Releasor nor any Participant, will bring any legal action or lawsuit against the Released Parties for any claims, damages, or liabilities arising out of the purchase, reservation, and/or participation in the Transportation Services. To the fullest extent permitted by applicable law, Releasor, on behalf of themselves and each Participant and their respective heirs, assigns, representatives, next of kin, agents, executors and attorneys hereby fully and forever releases, indemnifies, holds harmless, waives and discharges the Released Parties from any and all liabilities, claims, demands, actions, causes of action, costs, and expenses of any nature whatsoever arising out of any loss, damage, disability or injury, including death, arising out of or related to Transportation Services that may be sustained by Releasor or a Participant whether caused by the negligence of a Released Party or otherwise. -
LIMITATION OF LIABILITY.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLADE, ITS AFFILIATES, AGENTS AND/OR EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE AGREEMENT, YOUR USE OF THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NON-PERFORMANCE BY BLADE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BLADE HAS BEEN ADVISED OF THE POSSIBLITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLADE, ITS AFFILIATES, AGENTS AND/OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, LIABILITIES OR DAMAGES HEREUNDER IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY YOU TO BLADE DURING THE TWELVE (12) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR THE DURATION OF YOUR USE OF THE SERVICE, WHICHEVER IS SHORTER. - INDEMNIFICATION. You agree at your own expense, to indemnify, defend, and hold harmless Blade and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) incurred in, arising out of or in any way related to: (i) your breach of the Agreement; (ii) your (or any other user's use of your User Account) use of or access to the Services; (iii) any dispute between you and any Transportation Provider related to your use of the Services; or (iv) your violation of any applicable law, rule or regulation; and (v) your negligence or willful misconduct.
- THIRD-PARTY TERMS. The Services may contain links to third-party materials that are not owned or controlled by Blade. Blade does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share your information or data on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve Blade from any and all liability arising from your use of any third-party website, service, or content, including without limitation content, data, information and/or materials submitted by other users. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Blade shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
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SMS MESSAGING.
a. Signing Up for SMS Text Messages. Blade utilizes text messages to provide confirmations, updates and other information about the Blade Services. You may sign up for SMS text messages in connection with the Blade Services. By agreeing to these Terms, you are Opting In to receiving text messages related to the Blade Services and you authorize us or our provider to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In. You authorize us to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of any purchase. (For purposes of these SMS Terms, "Opting In," "Opt In" and "Opt-In" refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive any text messages.)
To opt out, you must text STOP in response to any SMS message sent from or on behalf of us. You understand and agree that any other method of opting out, including (but not limited to) texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
By Opting In to text messages:- You are signing your Opt-In to the text messages.
- You accept these Terms. Our text message-related activities are part of the Services as defined above
- You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
- You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us as described at the end of our Privacy Policy. To view and retain an electronic copy of these SMS Terms or the rest of your Opt-In, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails. These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the text messages.
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
Message and data rates may apply to messages that we send you or that you send us. You may receive multiple, recurring messages. We may terminate our text message programs or your participation in them at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. You may receive one or more confirmation messages when you opt out or when your participation in the program otherwise ends. We and mobile carriers are not liable for delayed or undelivered messages due to your opting out of text messages, including without limitation any failure to receive communications related to any Blade Services you have purchased.
For customer service regarding our SMS programs, contact us as provided at the end of these Terms.
b. Discontinuing or Transferring Your Phone Number. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your account or these Terms.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. -
ARBITRATION, CLASS ACTION/JURY TRIAL WAIVER & GOVERNING LAW.
READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
a. Informal Dispute Resolution Procedure. For any dispute with Blade, you agree to first contact us at legal@blade.com and attempt to resolve the dispute with us informally. This requires first sending a written description of the dispute to the other Party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your User Account, if any, to the following email address: legal@blade.com. For any dispute that Blade initiates, we will send our written description of the dispute to the email address associated with your User Account. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and Blade agree to the further dispute resolution provisions below.
The above informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
b. Mutual Arbitration Agreement. We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to your access or use of the Services including without limitation (i) the content available within the Services; (ii) the Agreement (including its formation, performance, and breach); or (iii) that in any way relate to the provision or use of the Services, your relationship with Blade, or any other dispute with Blade, (collectively, "Claims"), shall be resolved exclusively through binding arbitration in accordance with this Section 13 (collectively, the "Arbitration Agreement"). This includes Claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as Claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Section 13(i). This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects and evidences a transaction involving interstate commerce. You and Blade expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
Except as set forth in this Section 13, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.
Notwithstanding the parties\' decision to resolve all disputes through arbitration, each Party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction, regardless of what forum the filing Party initial chose; (ii) bring an action in state or federal court to protect its intellectual property right ("intellectual property rights" in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a Party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a Party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
You and Blade agree to submit to the personal jurisdiction of any federal or state court in New York, New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
Except as set forth in Section 13(c) below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties\' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND CAPTIONS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW
c. Class Arbitration and Collective Relief Waiver. YOU AND BLADE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 13(c), ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM, UNLESS BLADE PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
If there is a final judicial determination that this Section 13(c) is not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims.
d. Arbitration Rules. The arbitration will be administered by National Arbitration and Mediation ("NAM") and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by the "Arbitration Agreement" provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation's Commercial Dept at commercial@namadr.com.
e. Initiating Arbitration. Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either Party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@blade.com. If Blade is initiating arbitration, it will serve a copy of the demand to the email address associated with your User Account or the email that Blade has on file for you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a Party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.
f. Arbitration Location and Procedure. If you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in New York, New York, United States of America, unless you and Blade otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any Party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Blade submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either Party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Blade (and each of the parties' authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the Party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
g. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section of these Terms as to the types and the amounts of damages or other relief for which a Party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named Party to the arbitration. Attorney's fees will be available to the prevailing Party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
h. Fees. You are responsible for your own attorney's fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM's Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either Party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
i. Right to Opt Out of the Arbitration Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE "ARBITRATION AGREEMENT" AS SET FORTH IN THIS SECTION 13, THEN: (1) you must notify Blade in writing within thirty (30) days of the date that you first accessed or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled "Arbitration and Class Action Waiver"); (2) your written notification must be mailed to Blade Urban Air Mobility, Inc., Attn: Legal Department, 31 Hudson Yards, 14th Floor, New York, NY 10001 or emailed to legal@blade.com; and (3) your written notification must include (a) your name, (b) your address, and (c) a clear statement that you wish to opt out of this Arbitration Agreement. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these "Arbitration and Class Action Waiver" provisions by you and Blade.
j. Changes to the Arbitration Agreement. Blade will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section, including by posting the change on the Services, or providing any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after Blade provides this notice and apply to all claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Blade changes this "Arbitration and Class Action Waiver" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 13(i).
k. Venue and Governing Law. For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and Blade agree to submit to the personal and exclusive jurisdiction of any venue in the federal and state courts located in New York, New York. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Agreement and the relationship between you and Blade shall be governed by the laws of the State of New York without regard to conflict of law provisions. You agree that: (i) the Services shall be deemed solely based in New York; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. -
MISCELLANEOUS.
a. Entire Agreement. The Agreement constitutes the entire agreement between you and Blade, and supersede any prior and contemporaneous agreements between you and Blade on the subject matter.
b. Force Majeure. Under no circumstances will Blade be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
c. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services, or the Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
d. No Waiver. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and Blade's failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
e. Severability. Each of the provisions of the Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect. In the event that any provision is deemed unlawful or unenforceable, the parties agree that such provision shall be modified or amended by the court or relevant authority to the extent necessary to render it enforceable, in accordance with the intent of the original provision. The modified provision shall be interpreted so as to reflect the original intent of the parties as closely as possible, while remaining compliant with applicable law.
f. Assignment. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Blade. In the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. The Agreement may be assigned by Blade without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
g. Notification Procedures. Blade may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice via the Services or via email to the email address listed on your User Account. It is your obligation to update your User Account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. - CONTACT & SUPPORT. If you wish to contact us or have any questions or concerns related to these Terms or your use of the Services, please (1) email us at info@blade.com, or (2) contact us by U.S. Mail at Blade Urban Air Mobility, Inc., Attn: Legal Department, 31 Hudson Yards, 14th Floor, New York, NY 10001.
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APPLICATION PLATFORM TERMS.
a. Apple/iOS Terms. You acknowledge and agree that (i) these Terms are binding between you and Blade only, and Apple is not a party hereto, and (ii) as between Blade and Apple, it is Blade that is responsible for the application and the content thereof. You must use the iOS version of the application only on an Apple-branded product that runs iOS. Your use of the iOS version of the application must comply with the terms of use applicable to the Apple source from which you obtain it (including the "Usage Rules" set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the application.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the application or your possession and use of the application, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the application infringes a third party's intellectual property rights.
In the event of any failure of the iOS version of the application to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the application (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and, as between Apple and Blade, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Blade's responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Blade's liability in this regard.
Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
b. If our App is downloaded from any other store, platform, or marketplace, you acknowledge that you have read, understood, and agree to the customer terms of use of such stores, platforms, and marketplace. Blade is the licensor of the App and the provider of the Services, and any third party (e.g., operator of the store, platform, marketplace) is not a party to these Terms.