Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and PilotPeak ("we," "us," "our," or "Company") governing your access to and use of the PilotPeak mobile application (the "App") and related services (collectively, the "Service").

By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of the Service and delete the App from your device.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Service

PilotPeak is a mobile application designed to provide fatigue prediction, monitoring, and logbook management tools for aviation professionals. The Service includes:

• Real-time fatigue monitoring and prediction using on-device artificial intelligence
• Integration with Apple HealthKit for biometric data collection
• Digital logbook functionality for flight and duty time tracking
• OCR-based roster scanning capabilities
• Regulatory compliance tracking tools
• Other features as described in the App

3. User Responsibilities and Acknowledgments

3.1 Fitness-for-Duty Decisions

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE for determining your fitness for duty before every flight. You acknowledge and agree that:

• You must NEVER rely solely on PilotPeak's fatigue index, predictions, or recommendations when making decisions about your fitness to fly or duty status
• You must use your professional judgment, medical evaluations, regulatory requirements, and company policies when making fitness-for-duty decisions
• PilotPeak's predictions are estimates based on available data and are NOT definitive assessments of your fitness to fly
• You are responsible for seeking medical attention if you experience symptoms of fatigue or illness

3.2 Regulatory Compliance

YOU ARE SOLELY RESPONSIBLE for ensuring compliance with all applicable aviation regulations, including but not limited to:

• Federal Aviation Administration (FAA) regulations (Part 117, Part 121, etc.)
• European Union Aviation Safety Agency (EASA) regulations
• International Civil Aviation Organization (ICAO) standards
• Civil Aviation Safety Authority (CASA) regulations
• Transport Canada regulations
• All other applicable national and international aviation regulations
• Company policies and operational procedures

Use of PilotPeak does NOT constitute compliance with any regulatory requirement or company policy. You acknowledge that PilotPeak is a supplementary tool and NOT a substitute for regulatory compliance.

3.3 Professional Judgment

You acknowledge that PilotPeak does NOT provide professional aviation advice, flight safety recommendations, or regulatory compliance guidance. All predictions, assessments, and recommendations are based on mathematical models and algorithms and are NOT substitutes for:

• Your professional judgment as a pilot
• Regulatory requirements
• Company policies
• Medical evaluations
• Flight safety protocols
• Operational procedures

3.4 Accurate Information

You are responsible for providing accurate, complete, and current information when using the Service. You agree not to provide false, misleading, or fraudulent information.

3.5 Prohibited Uses

You agree NOT to use the Service:

• In any way that violates applicable laws, regulations, or aviation safety standards
• To make decisions that could compromise aviation safety
• In any manner that could damage, disable, overburden, or impair the Service
• To attempt to gain unauthorized access to any part of the Service
• To reverse engineer, decompile, or disassemble the App
• To use the Service for any commercial purpose without our express written consent

4. Account Registration and Security

Some features of the Service may require account registration. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if we suspect fraudulent, abusive, or illegal activity.

5. Subscriptions and Payments

5.1 Subscription Plans

The Service offers free and paid subscription plans ("Pro Plans"). Pro Plans are billed through Apple's App Store and are subject to Apple's terms and conditions.

5.2 Payment Terms

• Subscription fees are charged in advance on a monthly or yearly basis
• All payments are processed by Apple through your Apple ID account
• Prices are subject to change with 30 days' notice
• Refunds are subject to Apple's refund policy

5.3 Auto-Renewal

Pro Plans automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage subscriptions and cancel auto-renewal through your Apple ID account settings.

5.4 Refunds

Refund requests must be submitted through Apple's refund process. We are not responsible for processing refunds directly. Refunds are subject to Apple's terms and conditions.

6. Intellectual Property Rights

The Service, including all content, features, functionality, software, algorithms, designs, text, graphics, logos, and other materials, is owned by PilotPeak or its licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

• Reproduce, distribute, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Service for any commercial purpose without our express written consent

7. User Content and Data

You retain ownership of any data, information, or content you provide or create using the Service ("User Content"). However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely for the purpose of providing and improving the Service.

You are solely responsible for your User Content and represent and warrant that:

• You have all necessary rights to provide the User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content is accurate and not misleading

We reserve the right to remove or disable access to any User Content that violates these Terms or applicable laws.

8. Disclaimers of Warranties

• NO MEDICAL WARRANTIES: The Service does NOT provide medical advice, diagnosis, or treatment. Fatigue predictions are NOT medical assessments.
• NO AVIATION SAFETY WARRANTIES: The Service does NOT guarantee aviation safety, regulatory compliance, or fitness-for-duty accuracy.
• NO ACCURACY WARRANTIES: We do NOT warrant that predictions, assessments, or data are accurate, complete, reliable, or error-free.
• NO AVAILABILITY WARRANTIES: We do NOT warrant that the Service will be available, uninterrupted, secure, or error-free.
• NO IMPLIED WARRANTIES: We disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and course of performance.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Limitation of Liability

• Loss of profits, revenue, data, or business opportunities
• Personal injury, property damage, or death
• Aviation accidents, incidents, or safety violations
• Regulatory violations, fines, penalties, or legal consequences
• Loss or corruption of data
• Cost of substitute goods or services
• Reliance on inaccurate, incomplete, or outdated information
• Decisions made based on the Service's predictions or recommendations

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.1 Maximum Liability

To the extent that our liability cannot be excluded or limited under applicable law, our total liability to you for all claims arising from or relating to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100 USD, whichever is greater.

9.2 Aviation-Specific Limitations

You acknowledge that aviation operations involve inherent risks and that PilotPeak is a supplementary tool that does NOT replace professional judgment, regulatory compliance, or safety protocols. We are NOT liable for:

• Any decisions you make regarding fitness for duty or flight operations
• Any regulatory violations or non-compliance
• Any aviation accidents, incidents, or safety violations
• Any reliance on the Service's predictions or recommendations

10. Indemnification

You agree to defend, indemnify, and hold harmless PilotPeak, its developers, affiliates, licensors, service providers, employees, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any laws, regulations, or third-party rights
• Your decisions made based on the Service's predictions or recommendations
• Your fitness-for-duty decisions or flight operations
• Any regulatory violations or non-compliance
• Any User Content you provide
• Any aviation accidents, incidents, or safety violations related to your use of the Service

This indemnification obligation will survive the termination of these Terms and your use of the Service.

11. Termination

11.1 Termination by You

You may terminate your use of the Service at any time by deleting the App from your device and cancelling any active subscriptions through your Apple ID account.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Discontinuation of the Service

11.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and data in accordance with our Privacy Policy. Provisions of these Terms that by their nature should survive termination will survive, including but not limited to Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), and 13 (Governing Law).

12. Modifications to Terms and Service

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date
• Providing in-app notification for significant changes
• Sending email notification to registered users (if applicable)

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and delete your account.

We also reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

13.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law. The arbitration shall be conducted in [Location], in the English language.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or to prevent unauthorized use of the Service.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13.4 Jurisdiction

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts of [Jurisdiction].

14. International Users

The Service is controlled and operated from [Location]. We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from outside [Location], you are responsible for compliance with local laws.

If you are located in the European Economic Area (EEA), you may have additional rights under applicable data protection laws. Please refer to our Privacy Policy for more information.

15. Apple-Specific Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

• These Terms are between you and PilotPeak, not Apple. Apple is not responsible for the App or its content.
• Your use of the App must comply with the App Store Terms of Service.
• Apple has no obligation to provide support or maintenance for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if applicable).
• Apple is not responsible for addressing any claims relating to the App or your use of it.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claims that the App infringes third-party intellectual property rights.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PilotPeak regarding the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to the Service.

18. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms or our rights and obligations hereunder without restriction.

20. Contact Information

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