Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, products, and services offered by Agulhas, LLC (“Agulhas,” “we,” “us,” or “our”), including agulhasllc.com and TankerTime.ai (together, the “Services”). Agulhas, LLC is a Wyoming limited liability company. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Defined terms. As used in these Terms: “You” or “User” means an individual pilot or other authorized person who creates and uses a TankerTime account. “Organization” or “Subscriber” means the aerial firefighting contractor or other entity that subscribes to TankerTime on behalf of its pilots or personnel. “Services” means TankerTime.ai, agulhasllc.com, and all associated features, including text messaging. “Customer Data” means operational data submitted or generated through the Services, including schedules, bids, qualifications, and roster information. “Personal Information” has the meaning given in applicable privacy laws and, where used in these Terms, includes Customer Data and account credentials that relate to an identified or identifiable individual.

1. Eligibility and Accounts

The Services are intended for business use by individuals authorized to act on behalf of an organization. You represent that you are at least 18 years old and have the authority to enter into these Terms on behalf of the organization you represent, if applicable.

TankerTime accounts are created by invitation only. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately if you become aware of any unauthorized use of your account.

Accounts are personal and non-transferable.Each TankerTime account is issued to a single, identified natural person and may be accessed and used only by that person. You may not share, sell, lend, transfer, assign, or otherwise make available your account, credentials, passwords, authentication tokens, active sessions, session cookies, or any other means of access to any other person, entity, or automated system. This prohibition applies equally to human recipients (including co-workers, family members, and assistants) and to automated recipients, including large language model (LLM) tools, AI agents or assistants, “wrapper” applications built on top of LLMs, browser-automation tools, robotic process automation (RPA) systems, scrapers, and crawlers, regardless of whether the third party is operated by you or by someone else. Because TankerTime is used for seniority-based bidding and operational coordination, account sharing and delegated access directly undermine bid integrity, seniority list accuracy, and audit log reliability, and are treated as material breaches of these Terms.

Protected disclosures and authorized integrations. Nothing in this Section is intended to, or shall be construed to, restrict (a) disclosure of information to union or worker-representative bodies acting in connection with labor-law rights, grievance procedures, or collective bargaining agreement compliance; (b) disclosure to your own legal counsel for the purpose of advising you on your legal rights; or (c) authenticated server-to-server application-programming-interface (API) integrations that the Organization has authorized in writing with Agulhas. The prohibitions in the preceding paragraph target credential delegation and action-taking by non-human agents, not lawful disclosures or sanctioned integrations.

2. Description of Services

TankerTime.ai is a scheduling and bidding platform designed for aerial firefighting operations. The platform enables schedule management, open-time posting and bidding, coverage coordination, roster management, and related operational tools. TankerTime is a workplace tool provided through your employer; it does not replace any official dispatch, safety, or flight-operations systems.

3. Subscriptions and Payment

Access to paid features of the Services is provided on a subscription basis as agreed between Agulhas and the subscribing organization. Subscription fees, billing frequency, and included features are described at the time of purchase or in a separate written agreement. Fees are billed in advance and are non-refundable except as described in our Refund Policy. We may change pricing upon renewal with at least thirty (30) days’ prior written notice.

Payments are processed by Stripe. By providing payment information, you authorize us to charge the applicable fees. You are responsible for keeping payment information current.

Subscription-period license.Subject to your (and your organization’s) ongoing compliance with these Terms and timely payment of all applicable fees, Agulhas grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes and solely during an active subscription period. The license is granted only for, and automatically expires at the end of, each subscription period unless the subscription is renewed. No license or right to use the Services extends beyond the active subscription period, and no rights in the Services are granted to you by implication, estoppel, or otherwise. Non-payment, expiration, suspension, or termination immediately ends all rights to access and use the Services. For clarity, the license granted in this Section terminates automatically upon suspension, termination, expiration without renewal, or non-payment as set forth in Section 14.

4. Acceptable Use

You agree not to misuse the Services. Without limitation, you will not: (a) attempt to gain unauthorized access to the Services, other accounts, or related systems or networks; (b) interfere with or disrupt the integrity or performance of the Services; (c) use the Services to violate any applicable law, regulation, or the rights of others; (d) reverse engineer, decompile, disassemble, or attempt to extract the source code of the Services, except as permitted by applicable law; (e) resell, sublicense, or provide access to the Services to any third party without our written consent; (f) impersonate another user or misrepresent your identity or role; (g) use the Services to transmit malware, spam, or other harmful content; (h) circumvent any security controls, rate limits, or access restrictions; (i) share, sell, lend, transfer, assign, or otherwise make available your account, credentials, passwords, authentication tokens, active sessions, or session cookies to any other person, entity, or automated system, or access the Services using credentials belonging to another user; (j) access or use the Services through, or permit or enable any automated agent to take actions within your account, including but not limited to bots, scrapers, crawlers, browser-automation tools, robotic process automation systems, large language model (LLM) agents, AI assistants, or “wrapper” applications built on top of LLMs, where such actions include bidding, posting or accepting open time, requesting or granting coverage, modifying schedules or rosters, sending communications, or any other transaction or state-changing operation within the Services; (k) use the Services or any data obtained from the Services in any manner that undermines bid integrity, seniority list accuracy, audit log reliability, or collective bargaining agreement compliance; or (l) use the Services beyond the scope of, or after the expiration of, the license granted in Section 3.

For clarity, Section 4(j) prohibits delegating action-taking authority within the Services to non-human agents; it does not restrict your own personal use of general-purpose tools to read, summarize, or discuss information you are authorized to access, provided you do not share credentials or session access with those tools.

5. Customer Data

You and your organization retain ownership of data submitted to the Services (“Customer Data”). You grant Agulhas a limited, non-exclusive license to host, process, store, and transmit Customer Data solely to provide and improve the Services. You are responsible for the accuracy and legality of Customer Data and for obtaining any consents required to submit it. Agulhas does not use Customer Data to train machine-learning models, large language models, or other artificial-intelligence systems, and does not license, disclose, or otherwise make Customer Data available to any third party for such purposes.

We maintain audit logs of actions taken within the platform. These logs are retained for a minimum of three (3) years and may be used for compliance, dispute resolution, and security purposes.

6. Data Security and Incident Response

We implement safeguards that we believe are reasonable for a business of our size and the nature of the data we handle, including encrypted data transmission, row-level database security, role-based access controls, and audit logging. We review our security controls at least annually and address identified vulnerabilities on a documented timeline.

We maintain commercially reasonable insurance coverage, including cyber liability and professional liability policies, to support our ability to respond to security incidents and fulfill our obligations under applicable data protection laws. In the event of a confirmed security breach affecting your personal information, we will notify affected individuals and applicable regulatory authorities as required by law, including applicable California breach notification statutes.

We do not collect biometric identifiers or biometric information. TankerTime does not use biometric-based authentication or identification systems.

7. SMS/Text Message Terms

This section describes the TankerTime text messaging program operated by Agulhas, LLC.

Program name: TankerTime Operational Alerts

Program description: TankerTime sends automated text messages to opted-in users regarding aerial firefighting scheduling operations, including schedule change alerts, bid notifications and awards, coverage requests, sick-call alerts, and travel-day reminders.

Opt-in: You may opt in to receive text messages through your TankerTime account settings or during account setup. Opting in is voluntary and is not required to use TankerTime or as a condition of any purchase.

Message frequency: Message frequency varies based on your schedule activity. During active periods, you may receive up to approximately 20 messages per week. During off-duty periods, message volume will be lower or zero.

Message and data rates: Message and data rates may apply. Check with your wireless carrier for details about your messaging plan.

Opt-out: You can opt out at any time by replying STOP to any message you receive from us. After you send STOP, you will receive a single confirmation message and will no longer receive text messages from TankerTime. You may also opt out through your TankerTime account settings or by contacting us.

Help: For help or questions about the messaging program, reply HELPto any message, email us at sales@agulhasllc.com, or call (307) 363-6746.

Carriers:Supported carriers include but are not limited to AT&T, T-Mobile, Verizon, Sprint, and US Cellular. Carriers are not liable for delayed or undelivered messages. Service may not be available in all areas or on all carriers.

Privacy: Your phone number and information collected through the SMS program will not be shared with third parties for their marketing purposes. Our use of your information is governed by our Privacy Policy.

Consent: By opting in to TankerTime text messages, you agree to receive recurring automated text messages from Agulhas, LLC at the phone number you provide. You understand that consent is not required as a condition of purchasing any goods or services.

8. Intellectual Property

Agulhas and its licensors retain all right, title, and interest in and to the Services, including all associated software, content, trademarks, trade names, logos, and documentation. “TankerTime” and the Agulhas name and logo are trademarks of Agulhas, LLC. Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.

You may not use our trademarks, trade names, or logos without our prior written consent.

9. Third-Party Services

The Services integrate with or rely on third-party services including Supabase, Vercel, Twilio, Resend, Sentry, and Stripe. Your use of those services is subject to their respective terms and privacy policies. We are not responsible for the acts or omissions of third-party service providers.

10. Confidentiality

You acknowledge that information accessed through TankerTime — including schedules, pilot rosters, seniority lists, bid data, and operational details — may be confidential and proprietary to your employer. You agree not to disclose such information to unauthorized persons and to comply with any confidentiality obligations imposed by your employer or applicable collective bargaining agreement.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AGULHAS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TANKERTIME IS A SCHEDULING TOOL AND DOES NOT PROVIDE FLIGHT DISPATCH, SAFETY MANAGEMENT, OR REGULATORY COMPLIANCE SERVICES. OPERATIONAL DECISIONS MUST BE MADE IN ACCORDANCE WITH APPLICABLE FAA REGULATIONS, COMPANY POLICIES, AND PROFESSIONAL JUDGMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGULHAS AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU (OR YOUR ORGANIZATION) TO AGULHAS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You will defend, indemnify, and hold harmless Agulhas and its officers, directors, members, employees, and agents from and against third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of (a) your material breach of these Terms, (b) your infringement of a third party’s intellectual property rights, or (c) your violation of applicable law in your own use of the Services. This obligation does not apply to the extent that the claim arises from Agulhas’s negligence, willful misconduct, breach of these Terms, or independent violation of law.

14. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services immediately and without notice if you materially breach these Terms, if directed by your employer’s system administrator, or if required by law. Your employer’s organization may terminate its subscription according to the terms of its agreement with us.

Enforcement for account-sharing and automated-access violations.For confirmed violations of Section 1 (account sharing) or Section 4(i)–(k) (credential delegation, automated agents, and integrity-undermining conduct), we generally follow a tiered enforcement approach: (1) the first confirmed violation will result in a written warning and a reasonable opportunity to cure; (2) a second confirmed violation will result in suspension of account access; and (3) continued, repeated, or uncured violations will result in termination. Notwithstanding the tiered approach, we may skip directly to immediate suspension or termination, without prior warning, for any violation that in our reasonable judgment threatens bid integrity, seniority list accuracy, audit log reliability, the security of the Services, or the rights of other users or the subscribing organization. Audit log entries and technical telemetry collected in the ordinary course of operating the Services may be relied upon as evidence of a violation.

License expiration at end of subscription period. The license granted in Section 3 is bounded by the active subscription period and automatically terminates upon the earlier of (a) the end of the then-current subscription period without renewal, (b) non-payment of applicable fees, (c) suspension or termination under this Section 14, or (d) termination of the subscribing organization’s agreement with Agulhas.

Upon termination or expiration, your right to access and use the Services will immediately cease. Sections of these Terms that by their nature should survive termination (including Sections 3, 5, 6, 8, 10, 11, 12, 13, 15, and 16) will continue to apply.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to the personal jurisdiction of those courts.

Notwithstanding the foregoing, this Section does not limit, and shall not be construed to limit, your rights under the California Consumer Privacy Act, the California Privacy Rights Act, the California Labor Code (including wage-and-hour, anti-retaliation, and worker-misclassification provisions), California Business and Professions Code §§ 17200 and 17500, or any other non-waivable provision of California or federal law. If you are a California resident, any claim arising under the foregoing statutes may be brought in the state or federal courts of California.

16. General Provisions

Entire agreement. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Agulhas regarding the Services. Any separate written agreement between your organization and Agulhas will control to the extent of any conflict with these Terms.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it in the future.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Force majeure. Agulhas will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet or telecommunications failures, power outages, or labor disputes.

Notices. We may provide notices to you by email to the address associated with your account. You may provide notices to us at sales@agulhasllc.com. Notices are effective when sent.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and notify you by email or through the Services at least thirty (30) days before the changes take effect. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

18. Contact Us

If you have questions about these Terms, contact us at:

Agulhas, LLC
Sheridan, WY
Email: sales@agulhasllc.com
Phone: (307) 363-6746