These Terms of Use ("Terms") govern your use of AviAlert (the "App"). By downloading, installing, or using the App, you agree to these Terms.

1) What AviAlert is (and is not)

AviAlert provides tools, data displays, and educational features that may support planning and awareness in mountain and backcountry environments. AviAlert does not guarantee accuracy, completeness, or fitness for any purpose. It does not provide a determination that any route, slope, or terrain is safe, and it does not replace training, experience, professional instruction, or official forecasts.

2) User responsibility

You are solely responsible for:

• Your decisions, actions, route choices, and risk management
• Verifying information using multiple sources
• Using appropriate equipment and following best practices
• Obtaining appropriate training, including instruction from certified professionals when applicable

If you choose to rely on the App, you do so at your own risk.

3) Sensors, devices, and data limitations

The App may use your phone's sensors (e.g., barometer, GPS, compass) and third-party data sources. Sensors and software can be inaccurate or fail. Data sources can be delayed, incomplete, or incorrect. The App may display inaccurate information due to device conditions, signal limitations, software bugs, or third-party outages.

4) Offline-first and availability

Some features work offline, but other features require connectivity or stored data availability. We do not guarantee continuous availability of any feature.

5) Subscriptions and billing

If you purchase a subscription:

• Billing is handled by Apple and your subscription may auto-renew unless canceled.
• You can manage/cancel subscriptions in your Apple ID settings.
• Restore purchases is available inside the App for eligible purchases.
• Prices and terms may vary by region.

6) License and restrictions

We grant you a personal, non-transferable, non-exclusive license to use the App for your own purposes, subject to these Terms and applicable platform rules. You agree not to:

• Reverse engineer, decompile, or attempt to extract source code except as allowed by law
• Circumvent paywalls or access controls
• Use the App in a way that violates laws or others' rights

You agree not to use your membership, access to the App, or any data/features obtained through the App for the purpose of developing, creating, or assisting in the development of any product, service, or application that competes with AviAlert or substantially replicates its functionality. Violation of this restriction constitutes a material breach of these Terms, entitling us to immediately terminate your membership and access without refund, in addition to any other remedies available at law or in equity.

7) Third-party services and links

The App may integrate third-party services (e.g., mapping, weather, subscriptions, AI providers). Your use of third-party services may be subject to their terms and privacy policies.

8) Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 663081 BC LTD (doing business as gearheadlabs) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APP.

IN ALL CASES, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP OR SUBSCRIPTION IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $0 IF YOU PAID NOTHING), TO THE EXTENT PERMITTED BY LAW.

10) Indemnity

You agree to indemnify and hold harmless 663081 BC LTD (doing business as gearheadlabs) from claims, liabilities, damages, losses, and expenses arising from your misuse of the App or violation of these Terms.

11) Governing law

These Terms are governed by the laws of the Province of British Columbia and the applicable laws of Canada, without regard to conflict of law principles.

12) Changes

We may update these Terms. Continued use of the App after changes means you accept the updated Terms.

13) Contact

Email: hello@avialert.com

14) Apple Standard EULA (reference)

Your use of the App may also be subject to Apple's standard end-user license agreement where applicable: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/