THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AERONAUTICAL APEX LLC ("AERONAUTICAL APEX," "WE," "US," OR "OUR"). BY CREATING AN ACCOUNT, INSTALLING THE SOFTWARE, OR USING THE AERONAUTICAL APEX ELECTRONIC FLIGHT BAG PLATFORM, MOBILE APPLICATIONS, WEB SERVICES, OR ANY RELATED SERVICES (COLLECTIVELY, THE "SERVICE" OR "SOFTWARE"), YOU AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND COMPREHENSIVE LIABILITY LIMITATIONS THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THESE PROVISIONS CAREFULLY (SECTIONS 13, 14, AND 15).
For purposes of this Agreement, the following definitions apply:
1.1 "Account" means a registered user account on the Service.
1.2 "Aeronautical Apex," "we," "us," and "our" refer to Aeronautical Apex LLC, its officers, directors, members, managers, employees, contractors, agents, affiliates, licensors, successors, and assigns.
1.3 "Agreement" means this Terms of Service document, including all incorporated policies, schedules, and any amendments.
1.4 "AI-Generated Content" means output produced by artificial intelligence or machine learning models within the Service. This is limited to the in-app AI assistant and ATC audio transcription. Weather, NOTAMs, TFRs and airport data are retrieved from official sources (FAA, NOAA/NWS and equivalent) and are not AI-generated; flight planning, performance and weight-and-balance figures are computed by deterministic formulas from the data and aircraft profile you supply, and are likewise not AI-generated. All of it remains advisory - see Section 4.
1.5 "Apple" means Apple Inc. and its subsidiaries.
1.6 "ATC" means Air Traffic Control.
1.7 "EFB" means Electronic Flight Bag.
1.8 "FAA" means the Federal Aviation Administration of the United States.
1.9 "FAR" means the Federal Aviation Regulations, Title 14 of the Code of Federal Regulations.
1.10 "Google" means Google LLC and its subsidiaries.
1.11 "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, moral rights, design rights, database rights, and other intellectual property rights recognized under any applicable law.
1.12 "Pilot in Command" or "PIC" means the pilot responsible for the operation and safety of an aircraft during flight time, as defined in 14 CFR 1.1.
1.13 "Service" or "Software" means the Aeronautical Apex Electronic Flight Bag platform, including all mobile applications, web applications, application programming interfaces (APIs), backend services, content, data, features, and related materials.
1.14 "Subscription" means a paid recurring access tier to premium features of the Service.
1.15 "Third-Party Content" means information, data, materials, or services provided by entities other than Aeronautical Apex, including but not limited to weather services, NOTAM providers, mapping providers, aviation databases, and payment processors.
1.16 "User," "you," and "your" refer to any individual or entity accessing or using the Service.
1.17 "User Content" means any content uploaded, created, transmitted, or shared by a User through the Service, including flight plans, logbook entries, notes, profile information, posts, comments, and messages.
2.1 AGE REQUIREMENT. You must be at least eighteen (18) years of age to create an Account and use the Service. By using the Service, you represent and warrant that you are at least eighteen (18) years of age, are competent and legally able to enter into a binding contract, and have not previously been suspended or removed from the Service. The Service is not directed to, and may not be used by, anyone under eighteen (18). The Service is also not directed to children under the age of thirteen (13), and we do not knowingly collect personal information from children under thirteen; if we learn that we have, we will delete such information promptly.
2.2 ACCURATE INFORMATION. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate. Providing false information may result in immediate termination of your Account.
2.3 ACCOUNT SECURITY. You are responsible for safeguarding your account credentials, including your password and any authentication tokens. You agree to notify us immediately of any unauthorized access to or use of your Account. We are not liable for any loss or damage arising from your failure to maintain account security.
2.4 ONE ACCOUNT PER PERSON. You may maintain only one (1) active Account per natural person. Operating multiple Accounts for the purpose of circumventing subscription limits, free trials, or other restrictions is prohibited and may result in termination.
2.5 ACCOUNT SHARING PROHIBITED. Accounts are personal and non-transferable. You may not share your account credentials, sell, lease, license, or otherwise transfer your Account to any third party. A subscription supports up to five (5) active devices simultaneously per Account, as managed in Settings → Active Devices.
2.6 RIGHT TO REFUSE. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion, with or without notice, for any reason not prohibited by law, including but not limited to violation of these Terms.
2.7 MARKET AND INTERNATIONAL USE. The Service is built for flight operations conducted under United States Federal Aviation Regulations, and its aeronautical data is US-focused. It is offered globally through the Apple App Store and Google Play. We operate from the United States, and your information is processed there and in other countries where our providers operate; where applicable privacy laws grant you rights, we honor them (see our Privacy Policy). If you use the Service from outside the United States, you do so on your own initiative and are responsible for compliance with your local laws, and you acknowledge that the Service's data and features are designed around US regulations and may be incomplete or unsuitable for operations in other jurisdictions.
3.1 PLANNING AID ONLY. Aeronautical Apex EFB is an informational and flight planning aid. The Service is intended to support pilot decision-making and is NOT a substitute for proper preflight planning, certified navigation equipment, or sound pilot judgment.
3.2 NOT CERTIFIED. The Service is NOT:
(a) An FAA-certified Electronic Flight Bag (Type A, B, or C);
(b) An FAA-certified navigation, communication, or surveillance system;
(c) An approved source of official weather, NOTAMs, charts, or procedures;
(d) A substitute for required onboard certified avionics or paper charts;
(e) Approved for use as the sole means of navigation;
(f) A replacement for Air Traffic Control, Flight Service Station, or any aviation authority.
3.3 NO WARRANTY OF ACCURACY. While we strive to provide reliable information, we make NO representation or warranty that:
(a) Weather data is current, accurate, or complete;
(b) NOTAMs reflect all active operational restrictions;
(c) Charts, plates, or airport diagrams are current;
(d) AI assistant responses or ATC transcriptions are accurate or appropriate for your specific situation;
(e) Performance calculations (weight and balance, fuel, takeoff/landing) account for all relevant factors;
(f) Route recommendations are operationally suitable;
(g) Frequency information, runway data, or facility information is current.
3.4 PILOT IN COMMAND RESPONSIBILITY. Under 14 CFR 91.3(a), the Pilot in Command is directly responsible for, and is the final authority as to, the operation of the aircraft. Under 14 CFR 91.103, the Pilot in Command must become familiar with all available information concerning the flight. NOTHING IN THE SERVICE RELIEVES YOU OF THESE OBLIGATIONS.
3.5 VERIFICATION REQUIRED. You MUST independently verify all information from the Service against official sources, including but not limited to:
(a) Official FAA NOTAMs at notams.aim.faa.gov;
(b) Official weather briefings from Flight Service (1-800-WX-BRIEF or 1800wxbrief.com);
(c) Current FAA charts and the Chart Supplement (formerly Airport/Facility Directory);
(d) Aircraft Pilot's Operating Handbook (POH) and Approved Flight Manual (AFM);
(e) Current databases on certified panel-mount avionics.
3.6 IFR AND COMMERCIAL OPERATIONS. The Service is NOT approved for use as the sole or primary information source for instrument flight rules (IFR) operations, commercial operations under 14 CFR Parts 91 subpart F, 121, 125, 129, 133, 135, or 137, or any operation where certified data is required by regulation.
3.7 RELAYED THIRD-PARTY DATA. Much of the aeronautical information in the Service, including weather, NOTAMs, TFRs, charts, and terrain data, originates with third parties such as the FAA, the National Weather Service, and other data providers, and is relayed to you through the Service. We do not create this data and do not guarantee that the originating source has provided data that is accurate, complete, current, timely, or correctly formatted for display. Data may be delayed, missing, superseded, or erroneous at the source. You must always consult official sources (Section 3.5) for authoritative, current information.
4.1 INHERENT DANGERS OF AVIATION. You expressly acknowledge that aviation is an inherently dangerous activity. Flight operations involve risks including but not limited to:
(a) Loss of life or limb;
(b) Catastrophic injury;
(c) Total or partial loss of aircraft;
(d) Property damage;
(e) Third-party injury or death;
(f) Loss of pilot certificates or ratings;
(g) Civil or criminal liability.
4.2 AI AND AUTOMATED SYSTEM LIMITATIONS. You acknowledge and understand:
(a) Artificial intelligence systems may produce incorrect, misleading, fabricated, or dangerous outputs ("hallucinations");
(b) weather, NOTAM and TFR data may be delayed, incomplete or unavailable, and is presented as retrieved from its official source without independent verification;
(c) AI-generated ATC transcriptions may contain transcription errors with safety implications;
(d) computed routes, performance figures and weight-and-balance results are only as correct as the aircraft profile and inputs you provide, and may produce impractical or unsafe results;
(e) Machine learning models may perform poorly on edge cases, unusual situations, or data outside their training distribution;
(f) AI systems do not exercise pilot judgment, situational awareness, or risk assessment.
4.3 THIRD-PARTY DATA RISKS. You acknowledge that the Service incorporates data from third-party sources that may be:
(a) Delayed by minutes, hours, or longer;
(b) Incomplete or missing entire categories of information;
(c) Geographically limited;
(d) Outdated due to publication cycles (e.g., 28-day chart cycles);
(e) Subject to outages, errors, or service interruptions;
(f) Inconsistent across providers.
4.4 CONNECTIVITY DEPENDENCIES. The Service requires internet connectivity for most features. You acknowledge that:
(a) Cellular and Wi-Fi connectivity may fail in flight;
(b) Cached data may be stale;
(c) Offline features have limited functionality;
(d) Loss of connectivity may render the Service unavailable.
4.5 DEVICE AND BATTERY RISKS. You acknowledge that:
(a) Mobile devices may overheat, drain battery rapidly, or fail in flight conditions;
(b) GPS reception may be unreliable;
(c) Direct sunlight, vibration, temperature extremes, and cosmic radiation at altitude may affect device performance;
(d) You must carry independent backup means of navigation and information.
4.6 ASSUMPTION OF RISK. KNOWING AND UNDERSTANDING THESE RISKS, YOU EXPRESSLY ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE FOR FLIGHT-RELATED ACTIVITIES, INCLUDING BUT NOT LIMITED TO RISK OF DEATH, BODILY INJURY, AIRCRAFT DAMAGE, PROPERTY DAMAGE, OR FINANCIAL LOSS.
4.7 OFFLINE DATA PREPARATION. You are solely responsible for ensuring that all necessary charts, plates, weather data, flight plans, and other operational information are fully downloaded, verified, and accessible for offline use PRIOR TO taxi and takeoff. You acknowledge that:
(a) Cached data may be incomplete, corrupted, or purged by the device operating system without notice;
(b) Mid-flight cache failures may render offline features unavailable;
(c) Software crashes during flight may result in loss of access to downloaded materials;
(d) Storage limits, low device memory, or background app termination may interrupt offline data availability;
(e) You must maintain independent paper or electronic backups of all flight-critical information.
5.1 REGULATORY COMPLIANCE. You agree to:
(a) Hold all required pilot certificates, ratings, endorsements, and medical certificates for the operations you conduct;
(b) Comply with all applicable Federal Aviation Regulations and local aviation authority requirements;
(c) Conduct operations in accordance with the Aeronautical Information Manual (AIM);
(d) Maintain currency in accordance with 14 CFR 61.56 (flight reviews), 61.57 (recent flight experience), and applicable training requirements;
(e) Operate aircraft only within the limits set by the POH and AFM;
(f) Obtain official weather briefings as required by 14 CFR 91.103;
(g) Maintain independent backup means of navigation and critical flight information, including paper charts where required by regulation, and not rely solely on this Service for any flight-critical data.
5.2 PROHIBITED USES. You agree NOT to:
(a) Use the Service as the sole or primary source of navigation, weather, or performance information during actual flight operations;
(b) Rely on the Service for safety-critical decisions without independent verification;
(c) Use the Service for any unlawful purpose;
(d) Violate any applicable law or regulation, including export control laws (EAR, ITAR);
(e) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
(f) Scrape, harvest, or extract data from the Service in bulk, except where explicitly permitted via official API;
(g) Use automated systems (bots, scrapers, crawlers) to access the Service except for legitimate accessibility purposes;
(h) Interfere with or disrupt the Service or its servers;
(i) Attempt to gain unauthorized access to any portion of the Service;
(j) Impersonate any person or entity;
(k) Misrepresent your affiliation with any person or entity;
(l) Upload viruses, malware, or any other malicious code;
(m) Use the Service to harass, abuse, threaten, defame, or harm any other person;
(n) Post, upload, or share content that is unlawful, harmful, fraudulent, deceptive, defamatory, obscene, or invasive of privacy;
(o) Use the Service to infringe any third-party intellectual property right;
(p) Resell, sublicense, or commercially exploit the Service or any portion thereof;
(q) Use the Service to plan or facilitate any illegal activity, including illegal transportation, smuggling, or unauthorized airspace entry;
(r) Circumvent any technical limitations, rate limits, or content protections in the Service;
(s) Create derivative works based on the Service;
(t) Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
(u) Use the Service in any manner that could damage, disable, overburden, or impair the Service.
5.3 REPORTING OBLIGATIONS. You agree to promptly report to support@aeronauticalapex.com:
(a) Any software errors, bugs, or inaccuracies that could affect flight safety;
(b) Any security vulnerabilities you discover;
(c) Any unauthorized access to your Account;
(d) Any content you believe violates these Terms.
5.4 COOPERATION. You agree to reasonably cooperate with us in investigating any suspected violation of these Terms or applicable law.
6.1 SUBSCRIPTION TIERS. The Service offers free and paid subscription tiers. Features available at each tier are described within the Service and may change from time to time.
6.2 PRICING. Subscription prices are displayed within the Service prior to purchase. Prices may vary by platform (Apple App Store, Google Play Store, web) due to platform fees and other factors. We reserve the right to change prices upon notice; changes do not affect previously-purchased subscription terms.
6.3 AUTOMATIC RENEWAL. Subscriptions automatically renew at the end of each billing period (monthly or annual) unless cancelled prior to renewal. By purchasing a Subscription, you authorize us (or the applicable app store) to charge your payment method for each renewal at the then-current price.
6.4 FREE TRIAL. Free trials, when offered, automatically convert to paid Subscriptions at the end of the trial period unless cancelled before the trial ends. Cancellation during the trial prevents charge but does not entitle you to a refund of any portion of a partial trial period.
6.5 CANCELLATION. You may cancel your Subscription at any time:
(a) Apple App Store subscriptions: through Apple ID Settings;
(b) Google Play Store subscriptions: through Google Play Settings;
(c) Web/Stripe subscriptions: through the Stripe customer portal, which you can open from Settings → Subscription in the Service, or by contacting support@aeronauticalapex.com.
Cancellation takes effect at the end of the current billing period; you retain access to paid features until that date. No refunds are provided for partial billing periods unless required by applicable law.
6.6 REFUNDS. Refund policies depend on the platform where the Subscription was purchased:
(a) APPLE APP STORE: Refunds for Subscriptions purchased through the Apple App Store are governed entirely by Apple's policies. Aeronautical Apex LLC has no authority to issue or deny App Store refunds. To request a refund, use Apple's "Report a Problem" feature or contact Apple Support.
(b) GOOGLE PLAY STORE: Refunds for Subscriptions purchased through the Google Play Store are governed entirely by Google's policies. Aeronautical Apex LLC has no authority to issue or deny Play Store refunds. To request a refund, use the Google Play refund process or contact Google Support.
(c) WEB/STRIPE: For Subscriptions purchased directly through our website via Stripe, refund requests may be submitted to support@aeronauticalapex.com. We will review such requests on a case-by-case basis. Except where required by applicable law, all sales are final and refunds are granted at our sole discretion.
(d) STATUTORY RIGHTS: Nothing in this section limits any non-waivable refund rights you have under applicable law.
6.7 PAYMENT PROCESSING. Payments are processed by third-party payment processors (including but not limited to Apple, Google, Stripe). Your payment information is collected and stored by these processors subject to their respective privacy policies. We do not store full payment card numbers on our servers.
6.8 FAILED PAYMENTS. If a payment fails, we may suspend or downgrade your Account until payment is successfully processed. You remain responsible for any amounts owed.
6.9 TAXES. Subscription prices may not include applicable taxes. You are responsible for all taxes associated with your purchase, except for taxes based on our net income.
6.10 ACCOUNT DELETION AND SUBSCRIPTIONS. Deleting your Account does NOT cancel any active Subscription. You must separately cancel your Subscription through the applicable app store or web portal. We are not responsible for charges incurred on Subscriptions you failed to cancel after deletion.
7.1 OWNERSHIP. The Service, including all content, features, functionality, software, code, databases, designs, graphics, user interfaces, audio, video, text, artwork, AI models, training data, algorithms, trademarks, service marks, trade names, and trade dress, is owned by Aeronautical Apex LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2 LIMITED LICENSE. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) Download and install the Service on devices you own or control;
(b) Access and use the Service for personal, non-commercial aviation planning purposes;
(c) Access and use the Service for commercial flight operations conducted by you personally as PIC, but not as a sole information source as detailed in Section 3.
7.3 RESERVATION OF RIGHTS. All rights not expressly granted to you in this Agreement are reserved by Aeronautical Apex LLC. No license is granted by implication, estoppel, or otherwise.
7.4 USER CONTENT LICENSE. By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content in connection with operating and providing the Service. This license terminates when you delete the User Content from the Service, except to the extent such content has been shared with other users who have not deleted their copies, or as required by law for retention.
7.5 USER CONTENT REPRESENTATIONS. You represent and warrant that:
(a) You own or have the necessary rights to all User Content you submit;
(b) Your User Content does not infringe any third-party rights;
(c) Your User Content complies with these Terms and all applicable laws.
7.6 FEEDBACK. If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use such feedback for any purpose without compensation or attribution.
7.7 TRADEMARKS. "Aeronautical Apex," the Aeronautical Apex logo, and related marks are trademarks of Aeronautical Apex LLC. You may not use these marks without our prior written consent.
7.8 COPYRIGHT CONCERNS. We respect intellectual property rights. If you believe content available through the Service infringes a copyright you own or control, please send a written notice to our copyright contact below and we will review it and, where appropriate, remove or disable access to the material. To help us act on your notice, please include:
(a) Your physical or electronic signature;
(b) Identification of the work you claim is infringed;
(c) Identification of the material you claim is infringing and where it is located in the Service;
(d) Your contact information;
(e) A statement that you have a good-faith belief the use is not authorized; and
(f) A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on the rights holder's behalf.
Copyright Contact: Titus River Robinson, Aeronautical Apex LLC
105 Brewery Rd
Walpole, NH 03608
Email: dmca@aeronauticalapex.com
We may remove content and terminate the accounts of users who repeatedly infringe.
8.1 THIRD-PARTY DEPENDENCIES. The Service relies on numerous third-party services and data providers, including but not limited to:
(a) National Weather Service (NWS) and Aviation Weather Center;
(b) Federal Aviation Administration data services;
(c) Google (Gemini AI, Maps);
(d) Apple (App Store, in-app purchases);
(e) Supabase (database and authentication);
(f) Resend (email delivery);
(g) Stripe (payment processing);
(h) RevenueCat (subscription management);
(i) NASR aviation databases;
(j) FAA d-TPP charts and procedures;
(k) Various weather, NOTAM, and aviation data providers.
8.2 NO WARRANTY FOR THIRD-PARTY CONTENT. We make no representations or warranties regarding Third-Party Content. Third-Party Content is provided "AS IS" and your use is subject to the terms of the respective providers.
8.3 THIRD-PARTY TERMS. Your use of Third-Party Content may be subject to additional terms imposed by those providers. You are responsible for reviewing and complying with such terms.
8.4 APPLE APP STORE - ADDITIONAL TERMS. If you download the Service from the Apple App Store, you acknowledge:
(a) This Agreement is between you and Aeronautical Apex LLC, not Apple;
(b) Apple has no obligation to provide maintenance or support;
(c) Apple is not responsible for any failure of the Service to conform to warranties;
(d) Apple is not responsible for product claims, intellectual property claims, or product liability claims;
(e) Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it;
(f) You comply with all Apple Media Services Terms and Conditions;
(g) In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the applicable purchase price (if any) for the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service;
(h) Apple is not responsible for addressing any claims by you or a third party relating to the Service, including product-liability claims, claims that the Service fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection, privacy, or intellectual-property law;
(i) You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8.5 GOOGLE PLAY STORE - ADDITIONAL TERMS. If you download the Service from the Google Play Store, you acknowledge that your use is also subject to Google Play Terms of Service.
8.6 NO ENDORSEMENT. References to third-party products, services, or organizations within the Service do not constitute endorsement or recommendation by Aeronautical Apex LLC.
9.1 "AS IS" AND "AS AVAILABLE." THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND.
9.2 DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, AERONAUTICAL APEX LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
(a) WARRANTIES OF MERCHANTABILITY;
(b) FITNESS FOR A PARTICULAR PURPOSE;
(c) NON-INFRINGEMENT;
(d) ACCURACY OF DATA;
(e) COMPLETENESS OF DATA;
(f) TIMELINESS OF DATA;
(g) AVAILABILITY OF THE SERVICE;
(h) UNINTERRUPTED OR ERROR-FREE OPERATION;
(i) SECURITY OR FREEDOM FROM HARMFUL COMPONENTS;
(j) ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
9.3 NO PROFESSIONAL ADVICE. The Service does NOT provide professional aviation, legal, medical, or financial advice. Information presented within the Service is for general informational purposes only and is not a substitute for advice from qualified professionals.
9.4 NO GUARANTEE OF AVAILABILITY. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We may suspend, modify, or discontinue the Service or any portion thereof at any time, with or without notice.
9.5 BETA FEATURES. From time to time, we may offer features designated as "beta," "preview," "experimental," or similar. Such features are provided for testing purposes only, may be unstable or unreliable, and may be modified or removed at any time without notice. Beta features are excluded from any warranties.
10.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AERONAUTICAL APEX LLC, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND;
(b) PERSONAL INJURY OR DEATH;
(c) PROPERTY DAMAGE OR AIRCRAFT DAMAGE;
(d) THIRD-PARTY CLAIMS OR INJURIES;
(e) LOSS OF PROFITS, REVENUE, INCOME, OR BUSINESS OPPORTUNITY;
(f) LOSS OF DATA OR CORRUPTION OF DATA;
(g) BUSINESS INTERRUPTION;
(h) LOSS OF GOODWILL OR REPUTATION;
(i) COST OF SUBSTITUTE GOODS OR SERVICES;
(j) CIVIL OR REGULATORY PENALTIES IMPOSED ON YOU;
(k) LOSS OF PILOT CERTIFICATES, RATINGS, OR PRIVILEGES.
10.2 BASIS OF EXCLUSION. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE, AND EVEN IF AERONAUTICAL APEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE.
10.3 AGGREGATE LIABILITY CAP. WITHOUT LIMITING THE FOREGOING, THE TOTAL CUMULATIVE LIABILITY OF AERONAUTICAL APEX LLC FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
(a) THE TOTAL AMOUNT YOU PAID TO AERONAUTICAL APEX LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
10.4 ESSENTIAL PURPOSE. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10.5 STATE LAW VARIATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
11.1 YOUR INDEMNIFICATION OBLIGATION. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Aeronautical Apex LLC and its officers, directors, members, managers, employees, contractors, agents, affiliates, licensors, and service providers from and against any and all claims, demands, lawsuits, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
(a) Your use or misuse of the Service;
(b) Your violation of these Terms;
(c) Your violation of any applicable law or regulation;
(d) Your User Content;
(e) Your infringement of any third-party right, including intellectual property rights;
(f) Any flight operation conducted by you, regardless of whether the Service was used in planning or execution;
(g) Any injury to person or property arising from your use of the Service;
(h) Any false representation or warranty made by you;
(i) Any unauthorized use of your Account;
(j) Any dispute between you and any third party.
11.2 CONTROL OF DEFENSE. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in such defense.
11.3 NO SETTLEMENT WITHOUT CONSENT. You may not settle any claim subject to indemnification without our prior written consent.
12.1 YOUR RIGHT TO TERMINATE. You may terminate this Agreement at any time by deleting your Account through the Service or by contacting support@aeronauticalapex.com. Account deletion is governed by Section 17 (Account Deletion).
12.2 OUR RIGHT TO TERMINATE. We may suspend or terminate your Account and access to the Service at any time, with or without notice, for any reason, including but not limited to:
(a) Violation of these Terms;
(b) Suspected fraudulent or illegal activity;
(c) Failure to pay applicable fees;
(d) Abuse of the Service, other users, or staff;
(e) Discontinuation of the Service;
(f) Legal or regulatory requirements;
(g) Our business discretion.
12.3 EFFECT OF TERMINATION. Upon termination:
(a) Your right to use the Service immediately ceases;
(b) We may delete your User Content and Account data, subject to retention requirements (see Section 16);
(c) Any active Subscription continues to bill until separately cancelled;
(d) Provisions of this Agreement that by their nature should survive termination shall survive, including Sections 7, 9, 10, 11, 13, 14, 15, 16, and 17.
12.4 NO LIABILITY FOR TERMINATION. We shall not be liable to you or any third party for any termination of your access to the Service.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH AERONAUTICAL APEX LLC THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND CLASS ACTIONS.
13.1 AGREEMENT TO ARBITRATE. You and Aeronautical Apex LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or your relationship with Aeronautical Apex LLC ("Dispute") shall be resolved by binding individual arbitration, except as provided in Section 13.7.
13.2 INFORMAL DISPUTE RESOLUTION. Before initiating arbitration, you and we agree to attempt to resolve any Dispute informally for at least sixty (60) days. To begin informal resolution, you must send written notice to:
Legal Department
Aeronautical Apex LLC
105 Brewery Rd
Walpole, NH 03608
Email: legal@aeronauticalapex.com
Your notice must describe the Dispute and the relief sought.
13.3 ARBITRATION RULES. If informal resolution fails, the Dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Consumer Arbitration Rules (as applicable). The AAA rules are available at adr.org or by calling 1-800-778-7879.
13.4 ARBITRATION LOCATION. Arbitration shall take place in Cheshire County, New Hampshire, or any other location mutually agreed upon, or shall be conducted by videoconference at the arbitrator's discretion.
13.5 ARBITRATOR'S AUTHORITY. The arbitrator shall have exclusive authority to resolve all Disputes, including issues regarding arbitrability, the scope and enforceability of this arbitration agreement, and any claim that all or any part of this Agreement is void or voidable. The arbitrator may award any individual relief permitted by applicable law.
13.6 COSTS OF ARBITRATION. Each party shall bear its own attorneys' fees, except as otherwise required by applicable law or by the arbitrator's award. Filing fees and arbitration costs shall be borne in accordance with AAA rules. We will pay all AAA fees if your claim is for less than $10,000.
13.7 EXCEPTIONS TO ARBITRATION. The following Disputes are NOT subject to arbitration and may be brought in court:
(a) Small claims court actions, provided the matter remains in small claims court;
(b) Actions to enforce intellectual property rights;
(c) Injunctive or equitable relief seeking to stop unauthorized use of the Service;
(d) Disputes that applicable law prohibits from being arbitrated.
13.8 CLASS ACTION WAIVER. YOU AND AERONAUTICAL APEX LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
13.9 JURY TRIAL WAIVER. YOU AND AERONAUTICAL APEX LLC EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE THAT IS NOT SUBJECT TO ARBITRATION.
13.10 OPT-OUT. You may opt out of this arbitration agreement within thirty (30) days of first agreeing to these Terms by sending written notice to legal@aeronauticalapex.com with the subject line "Arbitration Opt-Out" and including your full name, Account email, and a clear statement that you wish to opt out.
13.11 SEVERABILITY OF ARBITRATION TERMS. If any portion of this arbitration agreement is found unenforceable, the remaining portions shall remain in full force, except that if the class action waiver is found unenforceable, the entire arbitration agreement shall be void.
14.1 GOVERNING LAW. This Agreement and all Disputes shall be governed by and construed in accordance with the laws of the State of New Hampshire, United States of America, without regard to its conflict of laws principles.
14.2 VENUE FOR NON-ARBITRABLE MATTERS. For any Dispute not subject to arbitration, the exclusive venue shall be the state or federal courts located in Cheshire County, New Hampshire, or the United States District Court for the District of New Hampshire. You consent to personal jurisdiction in such courts.
14.3 FEDERAL ARBITRATION ACT. The Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of the arbitration provisions in Section 13.
14.4 UN CONVENTION EXCLUDED. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
15.1 ONE-YEAR LIMITATION. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE. ANY CLAIM NOT BROUGHT WITHIN THAT PERIOD IS PERMANENTLY BARRED.
15.2 STATUTORY OVERRIDE. This limitation does not apply where applicable law provides a longer mandatory limitation period that cannot be contractually shortened.
16.1 PRIVACY POLICY GOVERNS. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is the canonical and authoritative description of our data practices and is incorporated into this Agreement by reference. The current Privacy Policy is available at https://www.aeronauticalapex.com/privacy and from within the Service. By using the Service, you acknowledge that you have read and understood the Privacy Policy, including how we handle account, location, audio-transcript, diagnostic, and payment-related information, and your choices and rights.
16.2 CONFLICTS. If there is any conflict between this Agreement and the Privacy Policy regarding the handling of personal information, the Privacy Policy controls.
17.1 IN-APP DELETION. You may delete your Account through Settings → Delete Account. Upon deletion:
(a) Your personal profile, flight plans, logbook entries, aircraft, checklists, saved plans, custom airports, notes, and other personal content will be removed from active databases;
(b) Posts, comments, and messages in shared community features will be deleted;
(c) Your authentication credentials will be deleted, terminating your ability to sign in;
(d) A retention record will be created in our deletion audit log containing:
(i) Hashed email (SHA-256, not plaintext);
(ii) Subscription tier at time of deletion;
(iii) Approximate date of account creation;
(iv) Deletion timestamp;
(v) IP address and user agent at time of deletion;
(e) The retention record is kept indefinitely for legal, audit, and fraud-prevention purposes.
17.2 SUBSCRIPTION INDEPENDENCE. Account deletion does NOT cancel any active Subscription. You must separately cancel through the applicable app store or web portal.
17.3 RECONSTITUTION. You may re-register a new Account using the same email after standard in-app deletion. New Accounts are subject to current Terms in effect at registration.
17.4 FULL ERASURE (RIGHT TO BE FORGOTTEN). Where applicable law requires complete erasure of your information including audit records, you may request such erasure by contacting legal@aeronauticalapex.com. We will honor valid erasure requests as required by applicable law (such as GDPR Article 17). However:
(a) Full erasure does not affect data we are legally required to retain (tax records, fraud investigation records, etc.);
(b) Full erasure may take up to thirty (30) days to complete;
(c) Identity verification is required before processing.
17.5 LEGAL RETENTION. Certain records are retained regardless of Account deletion:
(a) Legal acceptance records, indefinitely;
(b) Subscription transaction records, for tax and accounting purposes, for the period required by applicable law (typically seven years in the United States);
(c) Fraud, abuse, or terms-violation records, as needed for ongoing matters;
(d) Records subject to legal hold, until release.
18.1 RIGHT TO MODIFY. We reserve the right to modify this Agreement at any time. Material changes will be communicated by:
(a) Posting the updated Agreement within the Service with a new version number and effective date;
(b) In-app notification or banner;
(c) Email to your Account address.
18.2 ACCEPTANCE OF CHANGES. Continued use of the Service after a material change indicates acceptance of the updated Terms. If you do not agree to a change, you must stop using the Service and delete your Account before the change takes effect.
18.3 NON-MATERIAL CHANGES. Non-material changes (clarifications, typo corrections, formatting) may be made without prior notice.
19.1 Aeronautical Apex LLC shall not be liable for any failure or delay in performance under this Agreement to the extent caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, wars, terrorism, civil unrest, government actions, embargos, pandemics, epidemics, labor strikes, internet failures, third-party service outages, power outages, cyberattacks, or other events of force majeure.
20.1 You agree to comply with all applicable export and import laws, including the United States Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). You represent that:
(a) You are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country;
(b) You are not listed on any U.S. government list of prohibited or restricted parties.
21.1 You may not assign or transfer this Agreement or any rights or obligations hereunder without our prior written consent. We may freely assign this Agreement in connection with a merger, acquisition, or sale of assets.
22.1 Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between you and Aeronautical Apex LLC.
23.1 NOTICES TO US. Legal notices to Aeronautical Apex LLC must be sent to:
Aeronautical Apex LLC
Attn: Legal Department
105 Brewery Rd
Walpole, NH 03608
Email: legal@aeronauticalapex.com
23.2 NOTICES TO YOU. We may provide notices through the Service, email, or other reasonable means.
24.1 SEVERABILITY. If any provision of this Agreement is found unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
24.2 NO WAIVER. Our failure to enforce any provision of this Agreement shall not be construed as a waiver of that or any other provision.
24.3 CUMULATIVE REMEDIES. Remedies are cumulative and not exclusive of any other remedies available at law or in equity.
25.1 This Agreement, together with any policies or supplemental terms referenced herein, constitutes the entire agreement between you and Aeronautical Apex LLC regarding the Service and supersedes all prior and contemporaneous agreements, understandings, and communications.
26.1 You consent to receive electronic communications from us, including this Agreement, notices, disclosures, and other materials. Electronic signatures (clicks, checkboxes, biometric authentication) shall have the same legal effect as handwritten signatures under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act (UETA), and similar laws.
For any questions about this Agreement or the Service:
General Support: support@aeronauticalapex.com
Legal Inquiries: legal@aeronauticalapex.com
Privacy Inquiries: support@aeronauticalapex.com
DMCA Notices: dmca@aeronauticalapex.com
BY CHECKING THE "I AGREE" BOX, CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICE, YOU AFFIRM THAT: