Terms of Use.

The agreement

These terms are the agreement between you and Cloudberrix OÜ, a company registered in Estonia, about your use of Preflight Kit. The agreement is between you and us alone — Apple is not a party to it. You accept these terms each time you tap Accept on the screen shown when the app opens. If you do not agree, do not use Preflight Kit. Nothing in these terms affects the rights you have as a consumer that cannot be waived or excluded by agreement.

Who may use it

You must be legally able to enter into this agreement. Preflight Kit is not directed at children; if you are under 18 you may use it only with the involvement of a parent or legal guardian, who accepts these terms on your behalf. If you let anyone else use Preflight Kit on your device, you are responsible for their use of it. If you use Preflight Kit for the purposes of a trade, business, craft or profession, you are not a consumer, and the section “If you use Preflight Kit for business” below applies to you instead of the consumer sections.

What Preflight Kit is — and is not

Preflight Kit is an instructional tool for pilots and an aid to flight planning. It is not a certified aviation product. No aviation authority has certified, approved or accepted it, and it has not been produced to any aviation software assurance standard. It is not an approved electronic flight bag application, it is not a navigation system, and it is not a substitute for official publications, certified equipment, proper training, or your own judgement. It must never be your only source for any decision about a flight.

What it cannot know

Every figure Preflight Kit produces comes from what you type into it and from the handbook tables behind it. It cannot see your aircraft or the day you are flying. In particular it does not know, and does not account for: the actual condition, age, rigging or engine and propeller performance of your aircraft; modifications, repairs or equipment fitted since the handbook was written; the true weight and balance of the aircraft as it stands today; your own handling technique; conditions beyond the range of the handbook tables it is working from; gusts, wind gradient, windshear or turbulence; obstacles, terrain, airspace or noise abatement; runway contamination, standing water, ruts, or any surface condition other than the ones offered; and anything that changes after you close the app. Its results are a starting point for your own planning. They are not a clearance to fly.

Your responsibilities

You are responsible for every use you make of Preflight Kit. Before relying on any figure it shows, check it against the Pilot's Operating Handbook or flight manual for your aircraft, that aircraft's current weighing schedule, and the applicable official publications. Aircraft templates and calculated results are starting points, not authority. As pilot in command, every decision to fly — and the conduct of the flight itself — remains yours alone. You must comply with the laws and aviation regulations that apply to you.

Aircraft templates

The aircraft templates included with Preflight Kit are transcriptions of figures published in manufacturers' handbooks, for one aircraft type and one handbook revision. Your aircraft may differ — a different revision, different equipment, a different weighing schedule, a different empty weight. Treat a template as a convenience for setting up and check every figure against the handbook and weighing schedule for your own aircraft before you use it. Manufacturer and type names are used only to identify the aircraft the figures came from. Cloudberrix OÜ is not affiliated with, endorsed by, or approved by any aircraft manufacturer or aviation authority.

Your rights as a consumer in the United Kingdom

If you use Preflight Kit as a consumer in the United Kingdom, the Consumer Rights Act 2015 gives you rights that these terms cannot take away: that digital content is of satisfactory quality, fit for a particular purpose you made known to us, and as described. Where it does not meet those standards you may be entitled to a repair, a replacement, a price reduction, or a refund. If Preflight Kit damages your device or other digital content, and the damage would not have happened if we had used reasonable care and skill, section 46 of that Act entitles you to have the damage repaired or to be compensated for it. This section does not create those rights — it names them, so that nothing else in these terms can be read as trying to remove them.

No warranty

Except for your statutory rights as a consumer, and to the fullest extent permitted by law, Preflight Kit is provided “as is” and “as available”. We do not warrant that the app or its results will be accurate, complete, current, uninterrupted or error free, or that it will be fit for any particular purpose. The app and its data may contain errors.

Limit of our liability

This section is subject to “What these terms never take away” below, which comes first and always applies. If you are a consumer, we are liable to you for loss or damage you suffer that is a foreseeable result of our breaking this agreement or of our failing to use reasonable care and skill. We are not liable for loss that was not foreseeable, for loss caused by something outside our reasonable control, or for any loss you suffer in connection with a trade, business, craft or profession. Where our liability can lawfully be limited, our total liability to you for all claims connected with Preflight Kit is limited to the amount you paid for the app.

If you use Preflight Kit for business

This section applies instead of the two sections above if you use Preflight Kit for the purposes of a trade, business, craft or profession — including flying training, aircraft hire, club or group operations, and any commercial flight. To the fullest extent permitted by law: Preflight Kit is supplied as is, and all terms, conditions and warranties implied by statute or common law are excluded; we are not liable to you for loss of profit, business, contract or anticipated saving, for loss of or damage to data or to aircraft, or for any indirect or consequential loss, however arising and whether in contract, tort (including negligence), breach of statutory duty or otherwise; our total liability to you for all claims connected with Preflight Kit is limited to the amount you paid for the app; and you will indemnify us against any claim a third party brings against us arising out of your use of Preflight Kit, except so far as the claim arises from something we cannot lawfully exclude. This section too is subject to “What these terms never take away” below.

What these terms never take away

Nothing in these terms excludes or limits any liability that the law does not allow us to exclude or limit, or any statutory right you have as a consumer that cannot be waived. That holds wherever any other section might appear to say otherwise: this one governs, and the limits set out above apply only so far as the law permits them. Any term a court finds unfair against you as a consumer is not binding on you, and the rest of these terms remain in full force.

Your data

Preflight Kit works fully offline. Everything you enter stays on your device: there is no account, no analytics, and nothing is transmitted to Cloudberrix OÜ. Your acceptance of these terms is recorded on your device only. The separate Privacy notice sets out the full position, including the part Apple plays in a purchase.

The trial and the purchase

Preflight Kit offers a seven-day trial. The trial is a purchase at £0.00 through the App Store: it costs nothing, it does not renew, and it never turns into a charge. When it ends, buying the unlock is a single one-off purchase — not a subscription — and there is nothing to cancel afterwards. Both go through Apple's App Store. Apple takes the payment, keeps the record of it, and applies its own terms. Cloudberrix OÜ never sees your card, your name, or your Apple Account, and cannot issue refunds — a refund request must be made to Apple.

Your right to cancel a purchase

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you would normally have 14 days to cancel a distance purchase. That right does not apply to digital content once supply has begun with your prior express consent and your acknowledgement that you lose the right to cancel once supply starts. When you confirm a purchase in the App Store you give that consent and acknowledgement, so the 14-day right does not apply to the unlock. Apple may still refund you under its own policy, and your other consumer rights — including those under the Consumer Rights Act 2015 — are not affected.

Licence

Cloudberrix OÜ grants you a personal, non-transferable licence to use Preflight Kit on any Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions. You may not copy, modify, distribute, sell, rent or reverse-engineer the app, except so far as the law allows it despite this term. You must comply with any third-party terms that apply when you use the app, and you confirm that you are not located in, and not a national or resident of, a country subject to a United States Government embargo or designated by it as supporting terrorism, and that you are not on any United States Government list of prohibited or restricted parties.

Support

Cloudberrix OÜ alone is responsible for any maintenance and support for Preflight Kit. Apple has no obligation to provide either. Write to support@cloudberrix.com.

Claims, and Apple's position

If Preflight Kit fails to conform to any warranty that applies to it, you may notify Apple, and Apple may refund what you paid for it; to the maximum extent permitted by law that is the whole of Apple's warranty obligation. Any other claim — including product liability, a claim that the app fails to meet a legal or regulatory requirement, and any claim under consumer protection, privacy or similar law — is for Cloudberrix OÜ to deal with, not Apple. If anyone claims Preflight Kit infringes their intellectual property, Cloudberrix OÜ deals with that too. Apple and Apple's subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Changes to the app

We may update or change Preflight Kit to reflect changes in law or regulation, to correct errors, to improve safety or accuracy, to keep it working on current Apple devices and operating systems, or to add or adjust features. We may withdraw a feature where we can no longer maintain it accurately or where keeping it would be misleading, and we are not obliged to maintain any particular feature indefinitely. Whatever changes, the app continues to work offline and your data stays on your device under your control.

Changes to these terms

We may change these terms to reflect changes in law or regulation, changes to the app, or changes to how we or Apple operate. When they change materially, the version number below changes, and you are asked to accept the new version the next time the app opens. Accepting means the new version applies from then on. If you do not want to accept it, do not continue to use Preflight Kit; if you bought the unlock shortly before a change you consider unreasonable, you can ask Apple for a refund.

Governing law and jurisdiction

These terms are governed by the law of England and Wales. If you use Preflight Kit as a consumer in Scotland or Northern Ireland, you may bring proceedings in your own courts where the law gives you that right, and you keep the protection of any rules of law there that cannot be excluded by agreement. If you use Preflight Kit as a consumer in another country, you keep the protection of the mandatory rules of law of the country where you live, and you may bring proceedings in your own courts where the law gives you that right.

Severability

Each part of these terms operates separately. If a court finds any part unlawful, unfair or unenforceable, the remaining parts stay in full effect.

Complaints

If you have a complaint, write to support@cloudberrix.com first and we will try to resolve it. As a UK consumer you can also raise a refund with Apple, and you can get free advice from the Citizens Advice consumer service, or report a trader to Trading Standards through it.

Contact

Cloudberrix OÜ, registry code 17557468, Tartu mnt 67/1-13b, Kesklinna linnaosa, 10115 Tallinn, Harju maakond, Estonia — support@cloudberrix.com