Terms of Use

1. Agreement and operator

These Terms of Use ("Terms") govern the AviaGPS application, aviagps.com, and related documentation and support (collectively, the "Services"). The Services are operated by Norvane Systems Ltd., a British Columbia corporation based in Vancouver, Canada ("Norvane," "we," "us").

By accepting these Terms in the app, or accessing or using the Services after being presented with these Terms, you agree to them. If you do not agree, do not use the Services. You must have reached the age of majority where you live and have legal capacity to contract. If acting for an organization, you warrant that you can bind it; "you" includes that organization.

THESE TERMS EXCLUDE LIABILITY, INCLUDING FOR OUR OWN NEGLIGENCE WHERE LAWFUL, LIMIT ANY REMAINING LIABILITY, AND REQUIRE YOU TO INDEMNIFY US FOR CERTAIN THIRD-PARTY CLAIMS. READ SECTIONS 2, 8, 9, AND 10 BEFORE USING OR PURCHASING AVIAGPS. Nothing in these Terms excludes, limits, or waives any right, remedy, obligation, or liability that applicable law does not permit to be excluded, limited, or waived. Each exclusion and restriction below is subject to that rule.

2. FOR REFERENCE ONLY. NOT FOR NAVIGATION.

AviaGPS relays location supplied by a consumer mobile device to receiving software. It is not an approved navigation source, instrument, emergency service, or substitute for required equipment. Do not rely on it for aircraft control, route or altitude compliance, terrain or obstacle clearance, traffic separation, instrument approaches, or any safety-critical decision, including as a backup navigation source.

The pilot in command remains responsible for safe aircraft operation, lawful equipment selection, flight preparation, situational assessment, and independent verification. Set up and troubleshoot only when safe to do so. Do not allow the Services to distract from operating an aircraft or other vehicle.

The Services do not provide ADS-B traffic, weather, attitude/AHRS, or barometric pressure altitude. Position, geometric altitude, speed, course, accuracy estimates, and timestamps may be missing, stale, misleading, or incorrect. Geometric altitude is not an altimeter reading; course is not aircraft heading. Never use them for separation or regulatory compliance.

You understand that location information can be inaccurate, delayed, incomplete, or unavailable without warning. To the fullest extent permitted by law, you accept the risks of using the Services, including risks arising from defects, interruptions, your misuse, and prohibited reliance. This acknowledgment does not permit a prohibited use or waive any right or liability that applicable law makes non-waivable.

3. Operational limitations and your responsibilities

You must obtain compatible devices, software, subscriptions, power, permissions, and network access at your own expense. You are responsible for checking the receiving device and its selected position source before use and after interruptions or configuration changes. A transmitting or connected status on the iPhone does not confirm reception, acceptance, accuracy, or source selection in ForeFlight.

GPS reception, operating-system restrictions, revoked permissions, network isolation, interference, dropped packets, battery depletion, overheating, app termination, and third-party changes may interrupt or prevent operation without warning. Background, locked-screen, offline, and Personal Hotspot operation are not guaranteed. Development plans and compatibility examples are not promises of delivery or fitness for a particular setup.

The local relay does not encrypt its messages or authenticate receivers. Use a trusted network and verify your receiver; other network participants may intercept data or impersonate a receiver. You are responsible for permission to share information and for securing devices and network access. An active session may continue while the phone is locked. After you tap Stop Sharing, sharing stays paused when you switch apps and return, until you tap Resume Sharing. A fresh app launch can start sharing automatically when its requirements are met; revoke location permission to prevent further access.

4. License, intellectual property, and restrictions

The app is licensed, not sold. Its App Store license is governed by Apple's Standard End User License Agreement and applicable App Store Usage Rules. These Terms supplement that license for the Services and do not replace it. Mandatory Apple terms prevail in a conflict. Apple is not a party to these supplemental Terms and has no obligation to provide our support.

We and our licensors retain all rights in the Services and their content. Subject to these Terms, you may access the website and retain copies of its notices and instructions for your own lawful use. No other intellectual-property rights are granted. Third-party names and marks belong to their owners.

You must not unlawfully copy, redistribute, resell, sublicense, or create derivative works of the Services; reverse engineer the app except where law or an applicable open-source license permits; bypass purchase or security controls; impersonate a receiver or another person; introduce malicious code; interfere with the Services; overload or abusively scrape the website; or infringe others' rights. Ordinary search-engine indexing and personal accessibility tools are not prohibited. Information you supply to us must be accurate and lawfully provided.

You must comply with applicable export controls, sanctions, and other laws, including the Apple license's export restrictions. The Services may not be used where their provision or use is prohibited.

5. Purchases, renewals, cancellation, and refunds

GPS sharing requires AviaGPS Pro. Available plans, prices, currency, billing periods, and any trial conditions are displayed before purchase. ForeFlight, devices, connectivity, and other third-party services are separate. Apple processes payments; RevenueCat administers purchase validation and access.

• Subscriptions. Auto-renewing plans renew and charge your Apple Account unless canceled under the terms shown at purchase. To avoid the next renewal, cancel at least 24 hours before the current period ends. Any trial converts to paid access on the disclosed terms unless canceled in time. Price changes are subject to Apple's rules and legally required notice or consent.
• Lifetime access, if offered. “Lifetime” means the commercial life of the AviaGPS product, ending when that product is permanently discontinued. It does not mean your lifetime, the lifetime of your device, or the lifetime of Norvane. The one-time purchase grants the Pro entitlement described at purchase during that period. It does not promise perpetual availability, support, maintenance, future features, separate products, or compatibility with future hardware or software. Discontinuation remains subject to Section 7, commitments made at purchase, and applicable law.
• Cancellation. Manage Apple-billed subscriptions in Apple Account subscription settings to stop automatic billing. Deleting the app or stopping use does not cancel a subscription. You may also exercise any statutory cancellation right by giving us notice using a method permitted by applicable law, including email where permitted. Cancellation ordinarily takes effect at the end of the paid period, except where applicable law gives an earlier cancellation or refund right.
• Refunds. Except as required by law or applicable purchase terms, purchases are final and we do not promise refunds, credits, or compensation for non-use, interruptions, incompatibility, or discontinued features. Request App Store refunds through Apple. Apple's process does not remove any statutory remedy you may have against us; contact us for such requests.

Purchase validation, restoration, or access refreshes may require internet and functioning third-party services. A payment does not guarantee uninterrupted operation or suitability for aviation. You are responsible for keeping access to the Apple Account used to purchase. Purchase help.

6. Third-party products and services

AviaGPS is independent and is not affiliated with, endorsed by, or approved by Apple or ForeFlight. References and links identify compatibility or provide information; they do not create an endorsement or guarantee.

We do not control third-party hardware, software, networks, billing services, content, terms, privacy practices, or source-selection behavior. Their availability or changes may affect or end compatibility. To the extent permitted by law, we are not liable for their acts, omissions, outages, data handling, or content. Your dealings with them are governed by their own terms.

7. Support, changes, and discontinuation

Support is informational and discretionary except where required by law or expressly agreed in writing. We provide no service-level agreement, minimum uptime, guaranteed response or resolution time, guaranteed fix, or obligation to maintain a particular device or OS version. Support is not an emergency service and is not monitored for in-flight assistance. No support response authorizes navigation or safety reliance.

Subject to applicable law and purchase commitments, we may update, modify, restrict, suspend, or discontinue the Services or features, including for technical, security, legal, or business reasons. We do not undertake indefinite maintenance or future development. We will provide notice, cancellation rights, refunds, or other remedies where required; otherwise no compensation is promised.

8. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. NORVANE AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, CONDITIONS, AND REPRESENTATIONS, INCLUDING MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.

We do not warrant that the Services meet your requirements, are secure or error-free, operate without interruption, deliver current or complete information, or will be corrected. Website content and support instructions may contain mistakes or become outdated. No informal advice, example, demonstration, or support communication creates a warranty or enlarges our obligations. Mandatory statutory warranties remain unaffected.

9. Exclusion and limitation of liability

In this section, “Protected Parties” means Norvane, its affiliates, directors, officers, employees, contractors, agents, licensors, and suppliers.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES HAVE NO LIABILITY TO YOU FOR ANY LOSS, DAMAGE, INJURY, DEATH, COST, OR EXPENSE ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, INCLUDING YOUR USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICES, EVEN IF CAUSED BY A PROTECTED PARTY’S OWN NEGLIGENCE. This includes negligence in development, testing, maintenance, support, or failure to warn.

Independently of the preceding exclusion, and to the maximum extent permitted by law, the Protected Parties exclude liability for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, business, use, opportunity, goodwill, or data; business interruption; and costs of substitute products or services.

IF LIABILITY REMAINS DESPITE THESE EXCLUSIONS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES’ COMBINED AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED CAD $50.00. This is a fallback limit, not a promise to pay. Multiple claims, events, or Protected Parties do not increase it.

Each exclusion and limit applies regardless of the legal basis of the claim, including contract, tort (including negligence), breach of statutory duty, or otherwise; whether the loss was foreseeable or a Protected Party was advised of its possibility; and whether another remedy fails. Each is intended to operate independently to the extent the law permits.

THESE EXCLUSIONS AND LIMITS APPLY ONLY WHERE LAWFUL. Nothing in these Terms excludes or limits any right, remedy, obligation, or liability that applicable law does not permit to be excluded or limited. This includes liability for fraud, willful misconduct, gross negligence, death, or personal injury wherever applicable law makes that liability non-excludable or non-limitable. Non-waivable consumer, privacy, and other statutory protections prevail.

10. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold the Protected Parties harmless from third-party claims, liabilities, damages, losses, judgments, and reasonable legal costs arising from your use or misuse of the Services, prohibited reliance on their data, operation of an aircraft or vehicle, breach of these Terms, violation of law, or infringement of another person's rights.

This obligation does not require indemnification to the extent a claim results from a Protected Party's conduct for which liability cannot lawfully be shifted to you. We may control the defense and settlement of a covered claim; you must reasonably cooperate and must not agree to a settlement imposing liability, admissions, or obligations on a Protected Party without its written consent.

11. Termination and revised terms

You may stop using the Services at any time. We may restrict or terminate access for breach, unlawful use, security or safety risks, or discontinuation as described above, subject to law and the applicable app license. Termination does not itself cancel Apple billing; manage any subscription separately. Accrued obligations and provisions intended to survive, including ownership, risk allocations, disclaimers, liability limits, indemnities, and dispute provisions, survive termination.

We may propose revised Terms to reflect changes in the Services, business, or law, identifying the new version and effective date. Where agreement is required, revisions apply only after that agreement. For an existing subscription, a unilateral amendment is effective only where applicable law permits it and we have satisfied its notice and cancellation requirements. We do not reserve a right to unilaterally change cancellation, return, exchange, or refund provisions in a way that increases your obligations or reduces ours. Posting revised Terms alone does not replace required notice or consent.

12. Governing law and disputes

These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable there, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. Subject to mandatory law, the courts of competent jurisdiction in Vancouver, British Columbia have exclusive jurisdiction over disputes concerning these Terms or the Services.

This choice does not deprive you of mandatory protections, rights to bring proceedings in another forum, or access to a competent tribunal or regulator. These Terms impose neither mandatory arbitration nor a class-action waiver. Either party may seek lawful interim relief from a competent court.

13. General provisions

These Terms, the applicable app license, and specific purchase terms form the agreement concerning the Services and supersede prior proposals or understandings on that subject, without excluding representations or rights that cannot lawfully be excluded. Our Privacy Policy describes data handling and does not create permission to disregard privacy law.

If a provision is unenforceable, it will be limited or severed as necessary and the remainder continues. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent except where law permits; we may assign them in connection with a corporate transaction or transfer of the Services, subject to your mandatory rights. No partnership, employment, or agency relationship is created. The Protected Parties may rely on the protections expressly given to them.

To the extent permitted by law, we are not responsible for delay or nonperformance caused by events beyond our reasonable control, including disasters, network or power failures, government action, or third-party service failures. This provision does not remove obligations or remedies that cannot be excluded.

14. Contact and legal notices

For product help, start with the support guide. For privacy matters, address your email to the Privacy Officer. This contact provision does not alter legally prescribed methods of service or notice.