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Terms of Service

Last updated: December 9, 2024

Agreement to Terms

By downloading, installing, or using the SkySpottr mobile application ("App") or accessing our website at skyspottr.com ("Website"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and SkySpottr ("we," "us," or "our"). We may update these Terms from time to time, and your continued use of the Service constitutes acceptance of any changes.

Description of Service

SkySpottr is a mobile application that provides real-time aircraft tracking with augmented reality overlays. The Service uses publicly available ADS-B (Automatic Dependent Surveillance-Broadcast) data to display aircraft positions relative to your location.

Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

Account Registration

Some features of the Service require you to create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

Subscription and Payments

Subscription Tiers

SkySpottr offers free and premium subscription tiers. Premium subscriptions (SkySpottr+) are available as monthly or annual plans with features as described in the App.

Billing

All payments are processed through the Apple App Store. By subscribing, you agree to Apple's terms and conditions for in-app purchases. Subscription fees are charged in advance on a recurring basis.

Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation will take effect at the end of your current billing period. You will retain access to premium features until the end of the paid period. We do not offer refunds for partial subscription periods.

Price Changes

We reserve the right to change subscription prices. Any price changes will take effect at the start of your next billing period after notice is provided.

Acceptable Use

You agree to use the Service only for lawful purposes. You shall not:

  • Use the Service for any illegal purpose or in violation of any laws
  • Interfere with or disrupt the Service or servers connected to it
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service to track aircraft for unlawful surveillance purposes
  • Reverse engineer, decompile, or disassemble the App
  • Copy, modify, or distribute the App's source code or content
  • Remove any copyright, trademark, or other proprietary notices
  • Use automated means (bots, scrapers) to access the Service
  • Resell, sublicense, or commercially exploit the Service

Intellectual Property

The Service, including its original content, features, and functionality, is owned by SkySpottr and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

Third-Party Data and Services

The Service incorporates ADS-B data from various public sources. We do not guarantee the accuracy, completeness, or timeliness of this data. Aircraft positions, identifications, and other information may be delayed, incomplete, or incorrect.

The Service may contain links to or integrate with third-party services. We are not responsible for the content, accuracy, or practices of third-party services.

Safety Disclaimer

Important Safety Notice

SkySpottr is designed for entertainment and educational purposes only. Do not use the App while operating a vehicle, aircraft, or any machinery. Always be aware of your surroundings when using the AR camera feature. The App is not intended for aviation navigation or air traffic control purposes.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Warranties that the Service will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy or reliability of any information obtained through the Service
  • Warranties that defects will be corrected

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYSPOTTR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless SkySpottr and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service or violation of these Terms.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.

You may terminate your account at any time by contacting us or through the app settings. Termination does not relieve you of any obligations incurred prior to termination.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in San Francisco County, California.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SkySpottr regarding the Service and supersede all prior agreements and understandings.

Contact Us

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

SkySpottr

Email: hello@skyspottr.com