Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and MDG Aviation Limited (“MDG,” “we,” “us,” or “our”), a company headquartered at 5623 Spruce Avenue, Castle Rock, CO 80104, United States.

By accessing our website, creating an account, submitting inquiries, or engaging our aircraft acquisition services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or services.

2. Description of Services

MDG Aviation Limited operates as a mandated Aviation Asset Strategist and Acquisition Specialist representing the buy-side of aircraft transactions. Our services include, but are not limited to:

• Aircraft acquisition consulting and advisory
• Fair market value appraisal and price negotiations
• Technical due diligence (airworthiness, logs, maintenance records review)
• Financial and legal closing oversight
• Export/import compliance (trust structures, CofA, customs, DGCA)
• Post-acquisition vendor identification for interior/exterior upgrades
• The Jet Matrix (aircraft listing and comparison platform)

We are not a broker, dealer, or transaction manager. We act exclusively as your mandated Acquisition Specialist, representing only your interests throughout the entire acquisition process.

3. User Accounts

3.1 Account Registration

To access certain features of our platform, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized access or use of your account. MDG Aviation Limited is not liable for any loss or damage arising from your failure to protect your account information.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine violates these Terms or is harmful to our business, other users, or third parties.

4. Fee Structure and Payment

4.1 Flat-Fee Model

MDG Aviation Limited operates on a transparent flat-fee model. Unlike percentage-based brokers, our fee structure aligns our interests with yours, ensuring rigorous negotiation without compromise. Specific fees will be outlined in a separate engagement letter or service agreement prior to commencement of services.

4.2 No Hidden Costs

We maintain absolute transparency during the entire acquisition process. There are no hidden costs or unpleasant surprises. All fees, disbursements, and third-party costs will be disclosed in advance.

4.3 Third-Party Costs

Certain aspects of the acquisition process may involve third-party costs (e.g., pre-purchase inspections, legal fees, escrow fees, ferry flight costs, customs duties). These costs are the responsibility of the client and will be clearly communicated prior to engagement.

5. The Acquisition Process

Our acquisition process follows three distinct phases:

The specific scope of services for each engagement will be detailed in a separate service agreement between MDG Aviation Limited and the client.

6. SMS/Text Messaging Terms

By providing your phone number and consenting to receive SMS/text messages, you agree to the following:

• You may receive up to 4 SMS messages per month from MDG Aviation Limited.
• Message and data rates may apply. Contact your wireless carrier for details about your messaging plan.
• You may opt out at any time by replying STOP to any message.
• For assistance, reply HELP to any message or contact arin.dg@mdg-aviation.com.
• Consent to receive SMS is not a condition of purchase or service engagement.
• We will not share your phone number with third parties for marketing purposes.
• Supported carriers include all major US carriers. Carriers are not liable for delayed or undelivered messages.

7. Intellectual Property

All content on the MDG Aviation Limited website, including but not limited to text, graphics, logos, images, software, and the “MDG Aviation” and “ASCEND” brand marks, is the property of MDG Aviation Limited and is protected by United States and international copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from our website without our prior written consent.

8. Disclaimer of Warranties

Our website and services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. MDG Aviation Limited does not warrant that:

• The website will be uninterrupted, error-free, or secure.
• Aircraft listings, valuations, or market data are guaranteed to be accurate or complete.
• Any specific aircraft transaction will be completed or result in any particular outcome.

Aircraft acquisition involves inherent risks. MDG Aviation Limited provides expert advisory services but does not guarantee specific outcomes of any acquisition process.

9. Limitation of Liability

To the maximum extent permitted by applicable law, MDG Aviation Limited, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our website or services.

Our total liability for any claim arising from or related to these Terms or our services shall not exceed the total fees paid by you to MDG Aviation Limited during the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless MDG Aviation Limited and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

11. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary, financial, and sensitive information exchanged during the course of an aircraft acquisition engagement. This obligation survives the termination of any service agreement. Specific confidentiality terms may be outlined in a separate Non-Disclosure Agreement (NDA).

12. Governing Law and Dispute Resolution

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

Any disputes arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Douglas County, Colorado, under the rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting updated Terms on our website with a revised “Last Updated” date. Your continued use of our services after any modifications constitutes acceptance of the updated Terms.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any separate engagement letters or service agreements, constitute the entire agreement between you and MDG Aviation Limited regarding your use of our website and services.

16. Contact Information