1. INTRODUCTION, TERRITORIAL SCOPE, AND LANGUAGE
These Terms of Use (hereinafter referred to as “Terms” or “ToC”) constitute a legally binding agreement between you (hereinafter referred to as the “User”) and the provider of the Aviator Pilot Watch mobile application (hereinafter referred to as the “App” or “Service Provider”).
Global Availability: These Terms apply to all Users worldwide. By downloading, installing, or using the App, the User represents that they have the legal capacity to enter into this agreement under the laws of the country in which they reside.
App Language: The App, its interface, messages, and warnings are available exclusively in English. By downloading the App, the User acknowledges and represents that they possess sufficient proficiency in the English language to fully understand the App’s operation and all safety warnings displayed therein.
If the User does not agree to any of these terms or does not understand English sufficiently to comprehend the warnings, they must immediately stop using the App and uninstall it.
2. DISCLAIMER – NATURE OF THE APP (WARNING)
2.1 Not a Medical Device or Aviation Instrument
The Aviator Pilot Watch App is not a medical device nor a certified aviation instrument under the laws of any jurisdiction (including the FDA in the USA, EASA in Europe, etc.). The App is intended solely for educational, informational, and entertainment purposes.
2.2 Non-Medical Purpose
The User explicitly acknowledges and accepts that the App:
- is not intended to diagnose any disease or health condition;
- does not replace professional medical advice, diagnosis, or treatment;
- must not be relied upon for clinical or pharmacological decisions.
All health data (heart rate, saturation, calories) are estimates derived from external interfaces (Apple HealthKit) and may not be accurate.
3. CRITICAL AVIATION SAFETY WARNING
3.1 Absolute Prohibition on Replacing Certified Systems
The App holds no certification from the FAA (Federal Aviation Administration), EASA, ULC, CASA, or any other aviation authority worldwide. The User covenants and agrees that they will:
- NEVER use the App as a primary or secondary source of information during flight piloting;
- NEVER replace certified cockpit instruments (altimeter, speedometer, variometer, compass, etc.) with readings from the App;
- NEVER make navigational or safety-critical decisions based on data from the App.
3.2 Risk of In-Flight Use
Consumer device sensors (watches, phones) are not calibrated for aviation environments (pressure changes, vibrations, G-force). The User acknowledges that relying on the App in aviation operations may result in spatial disorientation, accidents, catastrophic failure, personal injury, or death.
4. DATA, HEALTHKIT, AND PRIVACY
4.1 Consent to Processing
The App utilizes Apple HealthKit. The User consents to the access and processing of this data as described in the Privacy Policy.
4.2 Privacy Policy & Jurisdiction
Data processing is conducted in compliance with the GDPR for EU users and applicable local laws for users in other regions (e.g., CCPA in California). Details are available in the Privacy Policy.
5. LIMITATION OF LIABILITY (CRITICAL FOR US & GLOBAL USERS)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
5.1 Disclaimer of Warranties (“AS IS”)
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
5.2 Limitation of Financial Liability
IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OF THE APP. THE SERVICE PROVIDER’S TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE USER FOR THE APP OR $50 USD (OR THE EQUIVALENT IN LOCAL CURRENCY), WHICHEVER IS GREATER.
5.3 Consumer Exceptions
Some jurisdictions (including EU member states) do not allow the exclusion of certain warranties or limitations of liability for consumers. In such cases, the above exclusions apply to the fullest extent permitted by local law, without infringing upon mandatory consumer rights.
6. CLASS ACTION WAIVER
APPLICABLE TO USERS IN THE USA, CANADA, AND OTHER JURISDICTIONS PERMITTING SUCH WAIVERS:
YOU AND THE SERVICE PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
7. EXPORT COMPLIANCE AND SANCTIONS
By using the App, the User represents and warrants that:
- They are not located in a country that is subject to a U.S. Government, EU, or other competent authority embargo (e.g., Iran, North Korea, Syria, Russia – regarding sanctions);
- They are not listed on any U.S. Government or EU list of prohibited or restricted parties (e.g., US Treasury’s Specially Designated Nationals List);
- They will not use the App for any purposes prohibited by international law.
8. PROHIBITED ACTIVITIES AND INTELLECTUAL PROPERTY
All rights, title, and interest in the App belong to the Service Provider. It is strictly prohibited to decompile, reverse engineer, disassemble, or attempt to derive the source code of the App, or use the App for any illegal purpose under the User’s local laws.
9. GOVERNING LAW AND DISPUTE RESOLUTION
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland.
9.2 International Consumer Protection
Notwithstanding Section 9.1, if the User is a consumer habitually resident in the European Union, the United Kingdom, or another jurisdiction with mandatory consumer protection laws, the User retains the protection afforded by the mandatory provisions of the law of their country of residence. Nothing in these Terms affects the User’s rights to rely on such mandatory local law.
9.3 Jurisdiction
Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts for the Service Provider’s registered office in Poland, unless local consumer law mandatorily requires proceedings to be brought in the consumer’s place of residence.
10. CHANGES TO TERMS
The Service Provider reserves the right to modify these Terms at any time. Continued use of the App after any such changes constitutes the User’s acceptance of the new Terms. In the event of material changes, reasonable efforts will be made to notify Users.
11. CONTACT AND COMPLAINTS PROCEDURE
All legal inquiries, complaints, and bug reports should be directed to:
Unliko sp. z o.o. Email: support@unliko.com
Technical support and complaint handling are conducted in English (and optionally in Polish).
12. LANGUAGE CLAUSE
These Terms may be translated into other languages for convenience. However, the User acknowledges that the App is an English-language product. In the event of any discrepancy between the Polish version (if applicable and legally binding due to local regulations) and this English version, the version most favorable to the User’s understanding shall apply, unless local law mandates a specific governing language.
By installing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Global Terms of Use.