Legal

Last Updated: February 17, 2026

Introduction

This Privacy Notice (“Notice”) for Surf Air Mobility Inc. (“Surf Air,” “we,” “us,” or “our”), describes how and why we might access, collect, store, use, and share your personal information when you use our services (“Services”), including when you visit our website at https://www.surfair.com/, use our mobile application, or any website of ours that links to this Privacy Notice or engage with us in other related ways, including any sales, marketing, or events. Please read this Notice carefully. By using our Services, you agree to our privacy practices described in this Notice.

Personal Information We Collect

“Personal information” is information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, email address, telephone number, home address, or payment information.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

• names;
• physical address;
• phone numbers and email addresses;
• date of birth;
• credit card information;
• driver’s license number; and
• location information.

Social Media Login

Our Services may offer you the ability to register and log in using your third-party social media account details (like your Apple and Google logins). Where you choose to do this, we will receive certain profile information about you from such provider. The profile information we receive may vary depending on the provider concerned but will often include your name, email address, and profile picture.

Payment Information

We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is handled and stored by Stripe. You may find their privacy notice here: https://stripe.com/privacy.

Information We Automatically Collect

When you use our website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Services, we collect information about the individual web pages or products that you view and use, what websites or search terms referred you to the Services, and information about how you interact with the Services. We refer to this automatically collected information in connection with your use of the website as “Device Information”.

We may collect Device Information using any of the following technologies:

• “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google. To learn more about Google Analytics and how you can opt out, visit https://tools.google.com/dlpage/gaoptout. By using the website, you consent to the processing of data about you by Google.
• “Log files” track actions occurring on the website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
• “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the website.

We use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your device until you delete them). To make it easier for you to understand why we need them, the Cookies we use on our website can be grouped into the following categories:

• Strictly Necessary: These Cookies are necessary for the website to work properly. They include any essential authentication and authorization Cookies for our website.
• Functional: These Cookies enable technical performance and allow us to remember the choices you make while browsing our website, including any preferences you set. They also include sign-in and authentication Cookies and IDs that enable you to return without additional sign-in.
• Performance/Analytics: These Cookies allow us to collect certain information about how you navigate the portions of the Services running on your device. They help us understand which areas you use and what we can do to improve them.
• Targeting: These Cookies are used to deliver relevant information related to our website to an identified machine or other device (not a named or otherwise identifiable person) which has previously been used to visit our website. Some of these types of Cookies on our website are operated by third parties with our permission and are used to identify advertising sources that are effectively driving customers to our website.

We use the Device Information that we collect to help us to improve and optimize our Services (for example, by generating analytics about how individuals browse and interact with the website and to assess the success of our marketing and advertising campaigns).

Cookies can be controlled, blocked, or restricted through your web browser settings. Information on how to do this can be found within the Help section of your browser. All Cookies are browser specific. Therefore, if you use multiple browsers or devices to access websites, you will need to manage your Cookie preferences across these environments.

Find out how to manage Cookies on popular browsers:

• Google Chrome, available at https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
• Microsoft Edge, available at https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy
• Mozilla Firefox, available at https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• Opera, available at https://www.opera.com/help/tutorials/security/privacy/
• Apple Safari, available at https://support.apple.com/guide/safari/manage-cookies-sfri11471/mac

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Notice or at the time of collection:

• To provide and improve the Services;
• To book travel and manage memberships;
• To manage customer communications;
• To manage operational notifications, including providing you with flight status and updates;
• For safety and regulatory requirements;
• For user authentication and identity verification;
• For security and incident response;
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
• To send periodic emails (the email address you provide may be used to send you information and updates pertaining to your purchases, in addition to receiving occasional company news, updates, related product or service information);
• To enforce our terms, conditions, and policies for business purposes;
• To comply with legal requirements; and
• For any other purpose with your consent.

Marketing Messages

You may sign up to receive email marketing messages from us. You may opt out at any time by clicking the “unsubscribe” button in the emails you receive. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a details update request) or other emails that are necessary to facilitate your use of the Services.

How We Share Your Personal Information

We may share your personal information to comply with applicable laws, rules, and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. We reserve the right at all times to disclose any information as necessary to satisfy any law, rule, or regulation, to avoid liability, or to protect our rights or property. We may disclose your personal information as part of a corporate business transaction, such as a merger or acquisition, divestiture, or sale of company assets, as part of financing, or in the event of insolvency, bankruptcy, or receivership. In these cases, personal information could be transferred to third parties as a business asset.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Please note the information you share in public areas may be viewed by any user of the website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot at all times guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website.

Data Retention

We will only keep your personal information for as long as it is necessary for the purposes set out in this Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Third Party Links 

At our discretion, we may include or offer third party products or services on the website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.

Updates to this Notice

We may update this Notice from time to time, and we will provide notice of any such changes as required by law. The date the Notice was last updated is identified at the top of the page. We will notify you of changes to this Notice by updating the “last updated” date and posting the updated Notice on the website. We may email or otherwise communicate reminders about this Notice, but you should check our website periodically to see the current Notice and any changes we have made to it.

Children’s Privacy

Our Services are not intended for children under age 18. If we learn that we have inadvertently collected personal information from anyone under the age of 18, we will delete it. If you believe that we have collected personal information from anyone under the age of 18, please contact us using the contact information at the bottom of this Notice. By using the Services, you represent that you are at least 18 years old.

California ‘Shine the Light’ Law

California Civil Code Section 1798.83 permits users of our website that are California residents to request certain information regarding our disclosure of the information you provide through the website to third parties for their direct marketing purposes. To make such a request, please contact us at the information provided below.

Questions

If you have questions or comments about this Notice, you may email us at privacy@surfair.com or contact us by post at:

Surf Air Mobility, Inc.
12111 Crenshaw Blvd.
Hawthorne, CA 90250

Last Updated: February 18, 2026

1. INTRODUCTION

Welcome to Surf Air (“Surf Air,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the website located at www.surfair.com (the “Site”), our mobile application, and any related services, applications, or platforms provided by Surf Air Mobility Inc. and its affiliates (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Services.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

2. AGE REQUIREMENTS

By using the Services you confirm that you are 18 years of age or older and possess the legal right and ability to enter into these Terms and to use our Services. Surf Air reserves the right in its sole and unfettered discretion to deny you access to the Services, including if you use the Services in a way that violates these Terms. Surf Air reserves the right to take legal action for any violation of these Terms.

3. CHANGES TO THESE TERMS

Surf Air reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time. Any such modifications shall be effective immediately upon posting on the Services. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for reviewing these Terms periodically to remain informed of any updates.

4. USE OF THE SERVICES

Subject to your compliance with these Terms, Surf Air grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes. You agree not to use the Services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use of the Services.

In its sole and absolute discretion, with or without notice to you, Surf Air may cease to provide Services to you or create new limits to our services at any time. Surf Air may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification, (ii) permitting another person or entity to use your user identification to access the Services, (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms, or (v) tampering with or alteration of any of the software or data files contained in, or accessed through, the Services.

5. USER ACCOUNTS

Certain features of the Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Surf Air immediately of any unauthorized use of your account or any other breach of security.

6. INTELLECTUAL PROPERTY

All content, features, and functionality on the Services, including but not limited to text, graphics, logos, trademarks, service marks, images, software, and other materials (collectively, “Content”), are the exclusive property of Surf Air or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without the prior written consent of Surf Air, except as expressly permitted herein.

7. PROHIBITED CONDUCT

You agree not to: (a) use the Services in any manner that violates any applicable federal, state, local, or international law or regulation; (b) engage in any conduct that restricts or inhibits any other user’s use or enjoyment of the Services; (c) attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services; (d) use any robot, spider, scraper, or other automated means to access the Services; (e) introduce any viruses, Trojan horses, worms, or other malicious code; or (f) impersonate or attempt to impersonate Surf Air, a Surf Air employee, another user, or any other person or entity.

8. THIRD-PARTY LINKS

The Services may contain references or links to other websites maintained by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our website, you do so entirely at your own risk and subject to the terms of use for such websites.

9. DISCLAIMERS

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SURF AIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SURF AIR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURF AIR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF SURF AIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SURF AIR’S AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Surf Air, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; or (d) any claim that your use of the Services caused damage to a third-party.

12. GOVERNING LAW

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Los Angeles County, California, and you hereby consent to the personal jurisdiction and venue therein.

13. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

YOU AND SURF AIR AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules then in effect (the “AAA Rules”), except as modified by this Arbitration section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that this arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of the date the claim arises. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR SURF AIR WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any part of this arbitration provision is found unenforceable, the unenforceable part will be severed and the remaining arbitration terms will be enforced.

14. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

15. WAIVER

No waiver by Surf Air of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Surf Air to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. CHANGES TO THE SERVICES

We reserve the right to withdraw or update the Services in our sole discretion without notice. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some part of the Services and to users.

17. FEEDBACK

Surf Air welcomes suggestions, comments, and other feedback on the Services (“Feedback”) from all of its customers. If you provide Surf Air with Feedback, you agree that: (i) Surf Air is not subject to any confidentiality obligations with respect to the Feedback; (ii) the Feedback is not confidential or proprietary information belonging to you or any third-party and you have all of the necessary rights to disclose the Feedback to Surf Air; (iii) Surf Air may freely use Feedback without any restrictions; and (iv) you are not entitled to receive any compensation or reimbursement of any kind for Feedback.

18. FORCE MAJEURE

Surf Air will not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.

19. ACCOUNT TERMINATION

You may terminate your account according to your membership plan details by contacting Member Care at membercare@surfair.com. Surf Air shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Surf Air may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Surf Air. For more information regarding membership plans see the Surf Air Membership Agreement.

20. CONTACT INFORMATION

If you have any questions regarding these Terms, please contact us at: Surf Air Mobility Inc., 12111 Crenshaw Blvd., Hawthorne, CA 90250, or via email at:
Telephone Number: (888) 704-2582