1. Acceptance of terms
These Terms of Service ("Terms") govern your access to and use of the website at aeronauticalapex.com and the Aeronautical Apex software (collectively, the "Service") operated by Aeronautical Apex LLC ("we", "us"). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account. If you are between 13 and 17, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf. The Service is not directed to children under 13.
3. Accounts and waitlist
You are responsible for the information you provide, for keeping your account credentials confidential, and for activity that occurs under your account. Joining our pre-launch waitlist does not create an account or any obligation on either side beyond receiving launch communications, which you may unsubscribe from at any time.
4. Subscription, billing, and cancellation
At launch, the Service will be offered on a paid subscription basis with a 7-day free trial. Pricing is shown on our Pricing page and may differ between web, App Store, and Google Play based on each platform's standard fees.
After your free trial, your subscription auto-renews on the cadence you selected (monthly or annual) until cancelled. You may cancel at any time through your account settings, or through the relevant store's subscription settings if you subscribed via App Store or Google Play. Cancellation takes effect at the end of the current billing period.
5. Acceptable use
You agree not to:
- use the Service in violation of any applicable law or aviation regulation;
- attempt to access accounts, data, or systems you are not authorized to access;
- reverse engineer, decompile, or attempt to derive the source code of the Service, except where applicable law expressly permits;
- use the Service to transmit malware, conduct denial-of-service attacks, or otherwise harm the Service or its users;
- use the Service to train machine-learning models without our express written permission.
6. Aviation use and pilot in command
Important. Please read.
Aeronautical Apex is a decision-support tool. It is not a certified primary means of navigation and is not a substitute for proper preflight planning, regulatory compliance, current charts, official weather briefings, or sound pilot judgment.
You, as pilot in command, are at all times solely responsible for the safe operation of the aircraft per 14 CFR § 91.3. We make no warranty that information provided by the Service (including but not limited to weather, NOTAMs, airport data, transcribed ATC communications, AI-generated suggestions, or route guidance) is accurate, complete, current, or appropriate for any particular flight. Never rely solely on the Service for any decision affecting flight safety.
7. Intellectual property
The Service, including all software, design, logos, text, and other content (excluding your user content), is owned by us or our licensors and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. Your user content remains yours; you grant us a limited license to host, process, and display it solely to provide the Service to you.
8. Disclaimer of warranties
The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. We do not warrant that the Service will be error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components.
9. Limitation of liability
To the maximum extent permitted by applicable law, in no event will Aeronautical Apex LLC, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, lost opportunity, or aviation losses of any kind, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages. Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $100.
10. Indemnification
You agree to indemnify, defend, and hold harmless Aeronautical Apex LLC from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your user content, or your violation of these Terms.
11. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that violates these Terms or that we believe is harmful to other users, us, or third parties. You may stop using the Service at any time. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
12. Governing law and dispute resolution
These Terms are governed by the laws of the State of New Hampshire, USA, without regard to its conflict-of-laws principles.
Any dispute arising out of or relating to these Terms or the Service will be resolved either (a) in small-claims court in New Hampshire for qualifying claims, or (b) by individual binding arbitration administered in accordance with rules to be specified in a future update of these Terms prior to launch. Class actions and class arbitrations are not permitted. Nothing in this section prevents either party from seeking injunctive relief in court.
13. Changes to these terms
We may modify these Terms from time to time. If we make material changes we will update the "Last updated" date at the top of this page and, where appropriate, give you more prominent notice (such as an email). Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
