LEGAL

Terms of Service

LAST UPDATED: [DATE] · AVIATE-AR INC.

Introduction and acceptance

These Terms of Service (“Terms”) govern your use of the Aviate-AR augmented reality software, companion apps, websites and related services (together, the “Service”). The Service is provided by Aviate-AR Inc., a Delaware corporation, with its principal office at 1207 Delaware Ave #4799, Wilmington, DE 19806, USA (“Aviate-AR”, “we”, “us”).

By creating an account, installing the app or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you use the Service on behalf of a flight school, operator or other organisation, you confirm you are authorised to bind it to these Terms.

Please read Section 3 (Aviation safety notice) carefully. It limits how the Service may be used in flight.

Definitions

App
The Aviate-AR software running on a mobile device and/or AR glasses.

AR Device
Third-party augmented reality glasses used with the App.

EFB
An electronic flight bag application, such as ForeFlight, SkyDemon or Garmin Pilot.

Flight Data
Position, altitude, ground speed, heading, attitude, traffic and route data the App receives or derives.

Third-Party Data
Airspace, airport, map, traffic, weather and other data supplied by third parties, such as openAIP, EFB providers and traffic apps like SafeSky.

Subscription
A paid plan giving access to premium features for a recurring period.

Pre-release Features
Alpha, beta, preview or trial features marked as such.

You
The individual or organisation using the Service.

Aviation safety notice

The Service is a supplemental situational-awareness aid only. It is not certified, approved or authorised by the FAA, EASA or any other aviation authority, and it is not avionics, a primary flight instrument or a primary navigation source.

By using the Service you acknowledge and agree that:

You remain pilot in command. The pilot in command is solely responsible for the safe conduct of the flight, for navigation, terrain and obstacle clearance, traffic avoidance, airspace compliance and adherence to all applicable rules.
Not for primary navigation. You must not use the Service as your sole or primary source of navigation, altitude, attitude, traffic or airspace information. Always use certified instruments, current official charts and publications (AIP, NOTAMs) and air traffic services.
See and avoid still applies. Traffic shown by the Service is incomplete. Many aircraft do not transmit or are not received. Absence of a target does not mean absence of traffic.
Data may be wrong, late or missing. Positions, airspace boundaries, airports and traffic may be inaccurate, out of date, delayed, misaligned with the outside view or unavailable without warning, including because of GPS loss, sensor drift, connectivity, device overheating or battery failure.
Distraction and visibility risk. AR overlays can obscure the view outside, cause distraction, eye strain, disorientation or motion sickness. Stop using the AR Device immediately if this happens, and do not let it obstruct your view of the outside environment or instruments.
Pre-flight familiarisation. You must become familiar with the Service on the ground before using it in flight, and must be able to fly safely if it fails at any moment.
Compliance is yours. You are responsible for ensuring use of the App and AR Device is permitted for your aircraft, operation, licence and jurisdiction, including any operator, flight school or aircraft-owner rules.
Not for IFR or commercial operations unless we expressly state otherwise in writing. The Service is designed for private VFR flight.

If you do not accept these conditions, do not use the Service in an aircraft.

Eligibility and accounts

You must be at least 18 years old, or the age of majority where you live, to create an account. Student pilots under 18 may use the Service only under the supervision of a flight school or instructor that has accepted these Terms.

You must give accurate account information and keep your login credentials secure. You are responsible for all activity under your account. Tell us promptly at eyes-outside@aviate-ar.com if you suspect unauthorised access.

Subscriptions, fees and cancellation

Some features require a paid Subscription. Prices, features and billing periods are shown at the point of purchase and include or exclude taxes as stated there.

Auto-renewal. Subscriptions renew automatically at the end of each billing period unless you cancel before renewal. We will remind you before an annual renewal where required by law.
Free trials. A free trial converts to a paid Subscription at the end of the trial unless you cancel before it ends.
App store purchases. If you subscribe through Apple, Google or another store, that store’s payment, renewal and refund terms also apply, and you must cancel through that store.
Price changes. We will give at least 30 days’ notice of a price increase. It applies from your next renewal, and you may cancel before then.
Cancellation. You can cancel at any time in your account settings. You keep access until the end of the paid period. Fees already paid are not refunded except where required by law or stated otherwise.
EU/UK right of withdrawal. If you are a consumer in the EU or UK, you have 14 days from purchase to withdraw. By starting to use paid digital content within that period, you expressly agree that it begins immediately and acknowledge that you lose the right of withdrawal once supply has begun.
Hardware. Any AR Device or other hardware we sell is covered by separate sales terms, including statutory warranty rights.

Licence and acceptable use

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control, for your own flight operations, in line with these Terms. Flight schools and operators may use it for their students and pilots under the plan they purchased.

You must not:

copy, modify, reverse engineer or decompile the App, except where the law allows this despite this restriction;
resell, sublicense, rent or share your account or Subscription;
extract, scrape or redistribute Third-Party Data or our 3D airspace models;
interfere with, overload or bypass the security of the Service;
use the Service in breach of aviation regulations, airspace restrictions or any law;
use the Service in any way that endangers people or property.

Hardware, third-party services and data

The Service works with hardware and services we do not own or control, including AR Devices, mobile phones, EFBs, traffic apps and data providers such as openAIP. Their own terms and licences apply, and you are responsible for complying with them and keeping any required subscriptions active.

We do not guarantee that any particular AR Device, phone or EFB is or will remain compatible.
We are not responsible for the accuracy, completeness, currency or availability of Third-Party Data, or for changes a provider makes that affect the Service.
Third-Party Data is shown under the provider’s licence and may carry attribution or use restrictions, which we display where required.
Hardware faults, firmware updates and battery or thermal limits of third-party devices are outside our control.

Pre-release features and test programmes

Pre-release Features, including alpha and beta builds and prototype testing, are experimental and may be unstable, incomplete or withdrawn at any time. They are provided “as is” without any commitment to support or availability.

If you take part in a test programme, you agree to follow any additional test rules we give you, to keep non-public features confidential, and not to rely on Pre-release Features in flight beyond what the test plan permits. Any equipment we lend you for testing is covered by a separate loan agreement.

Privacy and flight data

The Service processes location, Flight Data, device and usage data to work. How we collect, use and share personal data is described in our Privacy Policy, which forms part of these Terms. Where the GDPR applies, we process personal data as a controller in line with it.

You keep ownership of your Flight Data. You grant us a licence to process it to provide, secure and support the Service and, in de-identified or aggregated form, to improve the Service. We do not sell your personal data.

Intellectual property and feedback

The Service, including the App, 3D visualisations, HUD designs, the Aviate-AR name, the “Eyes Outside” tagline and logos, belongs to us or our licensors and is protected by intellectual property laws. These Terms give you no rights in it except the licence in Section 6.

If you send us suggestions or feedback, we may use them freely without obligation to you.

Disclaimers, liability and indemnity

Disclaimer. To the fullest extent permitted by law, the Service and all data in it are provided “as is” and “as available”, without warranties of any kind, including fitness for a particular purpose, accuracy, reliability, non-infringement or uninterrupted operation.

Limitation of liability. To the fullest extent permitted by law, Aviate-AR and its directors, officers, employees and suppliers are not liable for:

any indirect, incidental, special, consequential or punitive damages, or loss of profits, data or goodwill;
any loss, damage, injury or death arising from reliance on the Service in flight, contrary to Section 3;
inaccuracies or failures in Third-Party Data, AR Devices, EFBs or other third-party products.

Our total liability for all claims relating to the Service is limited to the greater of (a) the fees you paid us in the 12 months before the claim arose, or (b) USD 100 / EUR 100.

What we do not limit. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or any other liability that cannot be limited by law. If you are a consumer, you keep all rights you have under mandatory consumer law.

Indemnity. You agree to indemnify Aviate-AR against third-party claims arising from your breach of these Terms or misuse of the Service, including use contrary to Section 3, except to the extent caused by us. This does not apply to consumers where prohibited by law.

Termination, changes and general terms

Termination. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, use the Service unsafely or unlawfully, or if we discontinue the Service. If we discontinue a paid Service without your fault, we will refund the unused part of any prepaid fees. Sections 3, 7, 10, 11 and 12 survive termination.

Changes to the Service and Terms. We may update the Service and these Terms. For material changes to the Terms we will give at least 30 days’ notice by email or in the App. If you do not agree, you may cancel before the change takes effect.

Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. If you are a consumer living in the EU or UK, you also benefit from the mandatory protections of the law of your country of residence, and you may bring claims in your local courts.

Disputes. Before starting proceedings, please contact us so we can try to resolve the issue informally within 30 days. Business users agree to the exclusive jurisdiction of the courts of Delaware. EU consumers may also use the EU’s online dispute resolution options where available.

General. These Terms, the Privacy Policy and any plan-specific terms are the entire agreement between you and us about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver. You may not transfer your rights under these Terms without our consent. We may transfer ours as part of a merger, acquisition or sale of assets.

Contact

Aviate-AR Inc.

1207 Delaware Ave #4799, Wilmington, DE 19806, USA

eyes-outside@aviate-ar.com · www.aviate-ar.com

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