Last updated: 2026-05-05 · Fulcrum 360, Inc. (Utah)
These Terms of Use ("Terms" or "Agreement") form a legally binding agreement between you and Fulcrum 360, Inc. ("Fulcrum 360," "we," "us," or "our"), a Utah corporation, and govern your access to and use of the Fulcrum 360 website, software platform, mobile applications, APIs, and any other services we provide (collectively, the "Service"). By creating an account, signing or otherwise agreeing to a quote or order form, clicking a button confirming agreement, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree on behalf of yourself and your company ("Customer," "user," "you," or "your") to be bound by this Agreement.
By accessing or using the Service, you represent and warrant that (a) you are at least 18 years of age and have legal capacity to enter into binding contracts; (b) if you are accessing the Service on behalf of a company or other legal entity, you have authority to bind that entity to this Agreement; (c) you are a sophisticated aviation industry professional or an authorized representative of an aviation industry organization; and (d) you understand that the Service provides reference and research information only and that decisions made in reliance on Service data are subject to your independent verification as set forth in Section 12.
Our Privacy Notice, as updated from time to time, describes how we collect, use, disclose, retain, and protect personal information and is incorporated into this Agreement by reference. Additional terms, policies, rules, and guidelines applicable to specific features of the Service may be posted on or linked from the Service and are likewise incorporated by reference.
To access the Service you must create an account. You agree to (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information so it remains accurate, current, and complete; (c) maintain the security and confidentiality of your account credentials; (d) accept responsibility for all activity occurring under your account; and (e) promptly notify Fulcrum 360 of any unauthorized use of your account or any other breach of security.
Each Fulcrum 360 account is licensed to a single, individual, named user. Account credentials may not be shared, transferred, or used by any other individual or entity. License purchases are made on a per-user basis. Fulcrum 360 reserves the right to audit account usage, suspend or terminate accounts in violation, invoice for unpaid license fees, and pursue any other remedies available at law.
The Service may allow you to submit content ("User Content"). You retain ownership but grant Fulcrum 360 a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to host, store, transfer, display, perform, reproduce, modify, distribute, use, and exploit User Content for any purpose related to the operation, improvement, and provision of the Service. You represent that you have all rights necessary to grant this license and that User Content does not violate third-party rights or any law.
You agree not to and not to permit any third party to: (a) scrape, crawl, or use any automated tool not authorized by Fulcrum 360; (b) interfere with security features; (c) reverse engineer the Service; (d) overburden the Service; (e) resell, redistribute, sublicense, or commercially exploit the Service or any data obtained from it; (f) build a competing product; (g) frame or mirror; (h) remove proprietary notices; (i) impersonate any person or entity; (j) transmit malware; (k) use the Service for any fraudulent or unlawful purpose; (l) upload ITAR or EAR-controlled technical data for any policy aside from anti-terrorism controls; (m) cause injury to any person or entity; or (n) violate any provision of this Agreement.
You shall not, and shall not permit any third party to, directly or indirectly ingest, consume, translate, reason or learn over, create, train, test, improve, or otherwise use in any manner any data received or derived from the Service ("Fulcrum Data") in connection with any machine learning algorithms or artificial intelligence systems ("AI Tools"); provided, that you may use AI Tools solely for your internal business purposes within your private computing environment, subject to all of the following: (a) such use shall not be competitive to Fulcrum 360 or create a substitute for the Service; (b) you shall not train, fine-tune, or improve any AI Tool with Fulcrum Data if the resulting AI Tool could be accessed by anyone other than you; (c) such use shall not extend to parent companies, subsidiaries, affiliates, or other related entities; and (d) you shall not retain or cache Fulcrum Data outside the scope of normal interactive use. Upon termination, you shall certify written compliance and purge any Fulcrum Data from any AI training set, vector store, fine-tuned model, or derived artifact. Fulcrum 360 may audit compliance during business hours; audit costs are borne by Fulcrum 360 unless material non-compliance is found, in which case the Customer reimburses Fulcrum 360. This Section survives termination.
The Service and all content, software, code, designs, compilations, databases, trademarks, and other intellectual property are owned or licensed by Fulcrum 360 ("Fulcrum IP") and are protected by U.S. and international law. Subject to your compliance and payment of fees, Fulcrum 360 grants you a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the Service for your internal business purposes during the term. The compilation, arrangement, and structure of all data within the Service is the exclusive property of Fulcrum 360.
Fees are payable in advance in U.S. Dollars and exclude taxes, which are your responsibility. Subscription terms automatically renew unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term. Fulcrum 360 may amend Fees with thirty (30) days' notice. All Fees are non-refundable except (i) as required by law or (ii) for prorated refunds when Fulcrum 360 terminates without cause.
Where Fulcrum 360 offers a free trial, the initial subscription term automatically commences at the end of the trial and Fees become due. FULCRUM 360 WILL HAVE NO LIABILITY TO YOU FOR YOUR USE OF THE SERVICE DURING THE TRIAL. All disclaimers and limitations apply during the Trial.
You represent, warrant, and certify that: (a) you comply with all U.S. export control, trade, and sanctions regulations; (b) you will not upload ITAR or EAR-controlled technical data for any policy aside from AT controls; (c) you and your end users are not in any embargoed jurisdiction; (d) you and your end users are not on any U.S. restricted-party list; and (e) you and your end users are not 50% or greater owned, directly or indirectly, by any sanctioned party. You must notify Fulcrum 360 of any 10%+ ownership change within seven (7) business days.
The initial term is set forth in your Order. You may terminate on thirty (30) days' written notice; you remain responsible for all Fees through end of term. Fulcrum 360 may terminate at any time, with or without cause and with or without notice, including if a violation of Section 6, 6.1, 10, or any other provision is identified. Sections that by their nature survive (Section 22) continue in effect after termination.
This section is the core of Fulcrum 360's data-reliance terms. Please read carefully.
Fulcrum 360 is a research and reference platform that aggregates aviation parts information, including (without limitation) part numbers, alternate part numbers, parts manufacturer approval (PMA) data, next-higher-assembly (NHA) relationships, aircraft and engine applicability data, supplier and manufacturer information, pricing references, technical library content, FAA Airworthiness Directives, and related materials (collectively, "Service Data"). Service Data is compiled from third-party suppliers, public government and regulatory sources, and Fulcrum 360's own data engineering processes. Service Data may be inaccurate, incomplete, outdated, mismatched, or incorrect. Fulcrum 360 makes no representation, warranty, or guarantee as to its accuracy, completeness, currency, reliability, suitability, or fitness for any particular purpose.
You specifically acknowledge that the following categories of Service Data must be independently verified by you against authoritative sources before any business, engineering, regulatory, safety, or financial decision:
You agree to verify the foregoing against OEM manuals, FAA records, manufacturer-issued data, certified document sources, and other authoritative references before making any decision based on Service Data.
You agree not to use Service Data as the sole basis for, and to independently verify against authoritative sources before, any: (a) purchasing decision; (b) decision to stock or market parts; (c) decision to obtain or apply repair capabilities; (d) engineering activity, design decision, or technical determination; (e) maintenance, inspection, repair, overhaul, or modification activity; (f) determination of airworthiness, interchangeability, applicability, or installation eligibility; (g) pricing, quoting, or commercial offer; (h) export or transfer determination under ITAR, EAR, OFAC, or any other regulatory regime; or (i) safety-critical determination affecting aircraft, equipment, personnel, or the public.
FULCRUM 360 IS NOT AN FAA-APPROVED SOURCE OF DATA AND THE SERVICE IS NOT FAA-APPROVED DATA. The Service is not, and is not intended to be, an authority for determining airworthiness, interchangeability, applicability, installation eligibility, or compliance with any regulatory requirement. The Service must not be referred to or used by mechanics, technicians, inspectors, repairmen, engineers, designers, or any other person making any safety-critical, technical, regulatory, or airworthiness determination.
You represent and warrant that: (a) you are a sophisticated aviation industry professional with sufficient training, experience, certification, and judgment to evaluate Service Data and identify when independent verification is necessary; (b) you understand the safety-critical nature of decisions in the aviation industry and the consequences of relying on incorrect data; (c) you accept full responsibility for evaluating the suitability of Service Data and for the consequences of any decisions you make; (d) you will not rely on the Service as a substitute for professional judgment, regulatory diligence, and authoritative source verification; and (e) you assume the risk that Service Data may be inaccurate, incomplete, outdated, or otherwise unsuitable.
THE SERVICE AND ALL SERVICE DATA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FULCRUM 360 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, CONTRACTORS, AND AFFILIATES (THE "FULCRUM ENTITIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, AND TITLE.
THE FULCRUM ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE SERVICE OR ANY SERVICE DATA, INCLUDING WITHOUT LIMITATION ANY PARTS DECISION, ENGINEERING DECISION, MAINTENANCE DECISION, AIRWORTHINESS DETERMINATION, INTERCHANGEABILITY DETERMINATION, INSTALLATION DECISION, EXPORT DETERMINATION, PURCHASING DECISION, INVENTORY DECISION, OR PRICING DECISION.
You agree to defend (at Fulcrum 360's option), indemnify, and hold the Fulcrum Entities harmless from any and all claims, demands, suits, judgments, damages, injuries (including bodily injury, property damage, and equipment damage), losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service or any Service Data; (b) any decision you make, or any action or inaction you take, in reliance on Service Data, including without limitation any parts decision, alternate part selection, NHA determination, applicability determination, airworthiness determination, interchangeability determination, installation decision, engineering decision, maintenance decision, repair decision, purchasing decision, inventory decision, pricing decision, export determination, or regulatory determination; (c) any claim by a third party — including any aircraft owner, operator, lessor, manufacturer, repair station, regulator, passenger, employee, contractor, insurer, or member of the public — arising from or relating to your use of the Service or any Service Data, including any claim for bodily injury, property damage, equipment damage, regulatory violation, business loss, or economic loss; (d) your User Content; (e) your breach of this Agreement or any applicable law; or (f) your violation of any third-party right.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE FULCRUM ENTITIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT FULCRUM 360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE TOTAL CUMULATIVE LIABILITY OF THE FULCRUM ENTITIES, IN THE AGGREGATE, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR ANY SERVICE DATA, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
If you have a dispute with another user, with any third-party supplier or distributor referenced in Service Data, or with any provider of services accessed through the Service, you release the Fulcrum Entities from any and all claims, demands, losses, liabilities, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You expressly waive any protections that would otherwise limit the coverage of this release to claims known or suspected at the time of agreement.
Fulcrum 360 may modify this Agreement at any time by posting the revised Agreement on the Service or by providing notice through the Service. Modifications take effect upon posting. Your continued use of the Service after the effective date of a modification constitutes acceptance.
By creating an account, you agree to receive communications from Fulcrum 360 by email, in-product notification, and other electronic means. Standard message-and-data rates may apply. Electronic communications satisfy any legal requirement that communications be in writing.
This Agreement is governed by the laws of the State of Utah, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You agree to submit to the exclusive personal and subject-matter jurisdiction of the state and federal courts located in Salt Lake County, Utah.
EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT IT MAY LEGALLY AND EFFECTIVELY DO SO, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE.
Fulcrum 360 will not be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, internet outages, third-party service or API failures, security incidents, or pandemics.
Entire Agreement. This Agreement, together with the Privacy Notice and any Order, constitutes the entire agreement and supersedes all prior agreements. Severability. If any provision is held invalid, that provision will be reformed only to the extent necessary, and the remaining provisions will remain in effect. No Waiver. Failure to enforce any provision is not a waiver. Assignment. You may not assign without our consent; we may assign at any time. Third-Party Beneficiaries. The Fulcrum Entities (other than Fulcrum 360) are intended third-party beneficiaries of Sections 13–16. Relationship. No partnership, joint venture, agency, fiduciary, employment, or franchise is created.
The following Sections survive any expiration or termination of this Agreement: 4 (with respect to liability for prior breaches), 5 (License granted), 6 (with respect to liability for prior breaches), 6.1 (AI Tools), 7 (IP), 8 (Fees owed), 10 (Export Controls), 11, 12, 13, 14, 15, 16, 19, 21, 22, and 23.
Questions about this Agreement may be sent to:
Fulcrum 360, Inc.
Email: sales@fulcrum360.com
sales@fulcrum360.comThe unauthorized reproduction or distribution of this copyrighted material and any affiliated websites, apps, and software is prohibited and protected by law. Including but not limited to infringement without monetary gain. It is Fulcrum 360 and its partners’ intentions to protect and enforce its copyright protections.
