Terms of Use and EULA

Please read this first

Passenger awareness only. Avyloft is a journey-awareness, entertainment and personal-memory product. It is not an aircraft navigation, flight-instrument, traffic, weather, safety, emergency or operational system. Never use it to operate an aircraft or make a safety-critical or time-critical travel decision.

U.S. dispute notice. Section 25 provides for individual binding arbitration of most U.S. disputes, a class-action and jury-trial waiver, and a 30-day right to opt out. Mandatory rights that cannot lawfully be waived remain unaffected.

1. Agreement, operator and scope

These Terms of Use and End-User License Agreement (the “Terms”) form a legal agreement between you and Alderbeam, Inc. (“Alderbeam,” “we,” “us,” or “our”), the operator of Avyloft. They govern your download, installation, access, purchase and use of Avyloft mobile applications, the private web app, avyloft.com, APIs, accounts, synchronization, offline scenery, maps, scenery information, media, exports and related features (collectively, the “Service”).

By selecting an acceptance control, or using the Service after being given legally sufficient notice of these Terms where that form of acceptance is permitted, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service. Additional terms shown for a particular feature, purchase, promotion or beta are incorporated into these Terms. If they conflict, the more specific terms control for that feature or transaction.

The Service includes www.avyloft.com, app.avyloft.com and services delivered through api.avyloft.com. The private web app at app.avyloft.com is closed while it is in development. These Terms cover available features, not a commitment to launch every platform or feature described here. A separately signed agreement controls an expressly authorized business or developer integration. Acknowledging the Privacy Policy is not blanket consent to optional processing or a waiver of privacy rights.

Mandatory law and mandatory app-store rules take priority. Next come expressly accepted transaction-specific terms, then these Terms. Marketing summaries do not replace this agreement, but nothing here removes the legal effect of information we must give before a purchase. Keep a copy of the version and purchase information you accept.

The date above identifies this version. For existing users, any change requiring advance notice or renewed acceptance takes effect only after those requirements are met; Section 31 explains changes. Publication alone does not replace a required notice or acceptance.

2. What Avyloft provides

Avyloft is designed for passenger journey awareness and personal memory, helping passengers explore and remember a journey. Depending on platform, device, region, connectivity, permissions, data availability, subscription and version, features may include planned flights, route flight search, route maps, live or estimated progress, the Night Atlas, What’s ahead, weather context, offline scenery, Journey Camera, Journey Photos, diary entries, Journey Summaries, statistics, exports, share cards, accounts and cross-device synchronization.

Features, previews, demonstrations, examples and roadmap references do not promise that a feature will be available, accurate or unchanged. We may add, change, limit or discontinue features as permitted by law.

Avyloft does not sell airline tickets, reserve seats, operate flights, provide travel insurance or act for an airline, airport or government. A saved flight is an Avyloft record, not a booking or boarding pass. A Flight Pass purchases digital Avyloft access, not air transportation. A feature’s description is subject to the limitations in these Terms and the information presented before purchase.

3. Aviation, travel and safety limitations

Do not use or rely on Avyloft for aircraft operation, navigation, dispatch, flight planning, air-traffic awareness, terrain or obstacle clearance, airspace compliance, weather or turbulence avoidance, emergency response, regulatory compliance, boarding, connections, baggage, visas, border requirements or any decision affecting life, health, property or transportation safety.

Aircraft position, route progress, altitude, speed, heading, arrival time, scenery direction, distance, left or right side, clock direction, visibility and geographic context may be estimated, delayed, incomplete, inaccurate, simulated or based on scheduled rather than measured data. Always follow flight-crew, airline, airport and government instructions and authoritative sources. If Avyloft conflicts with any such source, disregard Avyloft.

We do not continuously monitor your trip, location, emergency or well-being. Notifications can be missed or delayed. Do not use the Service to locate a missing person, establish a flight’s legal or operational status, prove travel, or support an insurance, immigration or compensation claim without independent verification. Airplane mode or an on-screen position does not turn your device into an approved aircraft instrument.

4. Eligibility and minors

You must be at least 13 years old to use the Service. If the law where you live requires a higher age to consent to online services or data processing, that higher age applies. A parent or legal guardian must review and accept these Terms for a user who has not reached the age of legal majority and is responsible for that user’s use. The Service is not directed to children under 13.

A store age rating is a content classification, not permission to create an account below our minimum age. We do not offer an under-13 account program. You must have authority to accept a charge and use the payment method. If you use the Service for an organization under an authorized agreement, you represent that you can bind it.

5. Accounts, authentication and optional sync

You must provide accurate account information, protect your device and authentication method, and notify us promptly at support@avyloft.com if you suspect unauthorized access. You are responsible for activity performed through your account unless applicable law provides otherwise. You may not sell, rent, transfer or share an account or entitlement in a way that compromises security or purchase controls.

Your sync choices

Signing in does not turn on Account Sync. New accounts start with sync and photo backup off; existing choices are preserved. You choose which supported flights, memories and Journey Photos to sync in Account settings. Only enabled categories sync across registered devices and the web app. Turning sync off or signing out stops future sync from that session. Switching sync off does not delete existing cloud copies; local clearing depends on the sign-out action and platform you choose.

Sync is not an archival, version-control or guaranteed disaster-recovery service. A change or deletion may propagate to other enabled devices; offline devices and conflicting edits can delay consistency. Keep your own copy of irreplaceable material. Removing a device cannot remotely erase copies it already holds. Do not give another person a signed-in browser or device unless you intend them to access its records.

Private web access requires authentication. A private journey link or QR code identifies a record but does not grant another account access. An exported file or image is different: recipients can keep and redistribute that copy. Losing access to Apple, Google, email or your recovery method can prevent account access; support cannot bypass identity verification or guarantee recovery.

Account and device deletion

You may remove a registered device or request permanent account deletion through Account settings. Deletion may require identity verification and may not remove limited records retained for security, fraud prevention, legal compliance, accounting, dispute resolution or provider backups. Deleting an Avyloft account does not cancel an Apple App Store, Google Play or web subscription. Use Plans & Billing to manage renewal with the provider that bills you.

6. Limited license

Subject to these Terms, Alderbeam grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to install and use the object-code version of Avyloft and access the Service for lawful, personal, non-commercial purposes on devices you own or control, except as permitted by applicable store usage rules, including eligible Family Sharing. The Service is licensed, not sold. Alderbeam and its licensors reserve all rights not expressly granted.

This license does not convey ownership of software, a database, an API, an offline guide or a provider’s content. You may make personal exports through features we provide, subject to the applicable content licenses. No general right to redistribute offline packages, host a competing service, sublicense access or supply an API to others is granted. Open-source licenses and mandatory interoperability or research rights prevail for the material and conduct they specifically cover.

7. Acceptable use and security

You may not, except where applicable law expressly permits:

copy, sell, rent, sublicense, publicly display or commercially exploit the Service;
reverse engineer, decompile, disassemble, decrypt or derive source code;
remove ownership, safety, source, license or attribution notices;
scrape, crawl, mirror, bulk-download, probe or extract content through unauthorized automation;
train, benchmark or improve a competing map, scenery, aviation or artificial-intelligence product using the Service or its data without written permission;
bypass subscriptions, receipt checks, rate limits, access controls, geographic limits, bot protection or other safeguards;
introduce malware, overload the Service, attempt unauthorized access or interfere with another user;
use another person’s account, token, receipt, content or entitlement without authority;
impersonate a person or misrepresent an affiliation with Avyloft or Alderbeam; or
use the Service unlawfully, to violate another person’s rights or in a manner that creates a safety hazard.

Except for activities protected by applicable law, intrusive testing of live systems requires prior written authorization and an agreed scope. Report suspected vulnerabilities privately to support@avyloft.com.

Do not harvest accounts or private journeys, replay another person’s credentials, manufacture receipts, automate free-use allowances, create duplicate accounts to evade limits, resell passes, remove bot checks or distribute tools primarily designed to bypass payment or access controls. A public endpoint, cache URL or downloadable asset is not permission for bulk collection. Search-engine indexing permitted by our published crawler rules and written permissions remains allowed.

These restrictions do not prohibit lawful criticism, honest reviews, reporting concerns to authorities, legally protected security research, accessibility use or rights that a third-party content license grants directly to you. We do not claim exclusive rights in public facts.

8. Passenger conduct

You must comply with flight-crew instructions, airline and airport rules, device and radio restrictions, photography laws, and applicable safety requirements. Stop using and safely stow your device whenever instructed. Do not block aisles, exits, windows or crew work areas; distract an operator; photograph people unlawfully; or use prohibited flashes, mounts or accessories. Avyloft does not authorize conduct prohibited by an operator or by law.

9. Route, position, map and scenery information

Avyloft combines user input, schedules, route calculations, public datasets, cached offline scenery, device signals and third-party services. Displayed position or progress may be scheduled, estimated, manually calibrated, simulated, stale or limited by weak coverage. Labels such as “live,” “estimated,” “scheduled” or “simulated” describe an intended source, not a guarantee of accuracy.

What’s ahead, scenery timing and visibility results are estimates. Route changes, aircraft orientation, altitude, terrain, cloud, haze, darkness, glare, wing and seat position, device interference, coordinates and data errors can change or eliminate the view. Maps, borders, names and geographic features may be generalized, disputed, incomplete or outdated and do not express a political position by Alderbeam.

Scheduled routes, great-circle lines, historical tracks and the actual route flown are not interchangeable. A flight number can refer to a codeshare, another date or a different operating carrier. Check the airports, date, local time zone, airline and displayed status before saving. Flight lookup, cloud cover, recorded airborne time and other provider results depend on coverage, freshness and the information supplied. Missing information is not confirmation that a flight or condition does not exist. Statistics, stamps and achievements are personal app features, not independently certified travel records.

10. Offline scenery and offline use

Offline scenery downloads are route-specific collections of map resources, places, descriptions, media metadata, thumbnails, attribution and related files prepared for later use. Core guide readiness and optional photograph readiness are separate: a core guide can be ready while photographs are still downloading or some are unavailable. Check the component status, route and date before losing connectivity. Availability may be affected by networks, storage, provider outages, rate limits, licensing, file corruption, schema changes, operating-system cache removal or content that was never downloaded. Offline availability is not guaranteed.

An offline guide is a snapshot, not a promise of continuously refreshed information. Live lookups, account sync, purchases and some map or media functions still require a network connection. You are responsible for sufficient battery, storage and any mobile-data or in-flight Wi-Fi charges. Do not delete app data or replace a device expecting every downloaded resource or local photo original to be recoverable from sync.

11. Journey Photos, diary entries and other user content

You retain ownership of text, photos, captions, ratings, notes and other material you create or import (“User Content”). You represent that you have the rights and permissions needed to store, process, export and share it and that it does not violate law or another person’s rights.

You grant Alderbeam a worldwide, non-exclusive, royalty-free license to host, reproduce, format, transmit and otherwise process User Content only as reasonably necessary to provide, secure, maintain and troubleshoot features you request, including synchronization, thumbnails, summaries, exports and support. The license ends when the content is deleted from systems under our control, subject to reasonable backup, security and legal retention.

That license includes using service providers to perform those limited functions and making technical copies, backups and format conversions. It does not authorize selling your private photos, using them in our advertising or publishing your diary. We would need a separate lawful basis and, where required, your permission for a materially different use. Personal-data processing remains governed by the Privacy Policy.

Do not create, store, upload or share content that is unlawful, fraudulent, threatening, harassing, hateful, exploitative, malicious, infringing, privacy-invasive, sexually exploitative of a child, security-sensitive in an unlawful way or falsely attributed. You are responsible for maintaining copies of content you cannot afford to lose. Device and cloud backups may depend on Apple, Google and your settings.

13. Third-party services and content

The Service may use or link to independent providers for authentication, hosting, security, maps, databases, flight or weather information, payments, public reference material, media and sharing. Their own terms and privacy practices apply. They may change, restrict or discontinue their services. Alderbeam does not control and is not responsible for third-party content, accuracy, availability, security or conduct. A link, integration or attribution does not imply endorsement.

Map, flight, weather and media suppliers may impose attribution, caching, export or redistribution conditions. Those conditions continue to apply to their material. Source and license credits identify the relevant rights holders; our general restrictions do not override a license that independently allows your use. We may correct, replace or remove inaccurate, unsafe or improperly licensed content. This does not exclude our own non-excludable responsibility for the Service we supply.

14. Ownership, trademarks and feedback

The Service—including its software, design, compilation, text, graphics, Avyloft name, logos and original content—is owned by Alderbeam or its licensors and protected by intellectual-property law. Public-source and licensed materials remain owned by their respective rights holders.

If you voluntarily provide ideas or feedback, you grant Alderbeam a perpetual, worldwide, irrevocable, royalty-free, transferable and sublicensable right to use and commercialize it without restriction or compensation, without granting us ownership of your User Content.

Feedback means suggestions deliberately submitted to improve the product, not your private diary, support attachments, photographs or ownership rights in an honest consumer review. Do not submit someone else’s confidential information. You may refer to Avyloft truthfully, but may not use its branding to impersonate us, imply sponsorship or create confusingly similar apps, domains or advertising without permission.

15. Purchases, passes, subscriptions and trials

Included flight and Flight Passes

Your first eligible flight is included. A Flight Pass covers one later eligible saved flight and is a one-time purchase that does not renew. Premium covers unlimited eligible flights while active and renews monthly or yearly as shown at purchase.

Where available, you can explicitly return an unused Flight Pass from its saved flight while online, before the earlier of its original and current recorded departure times. The flight must not have started or recorded progress, actual travel times or another disqualifying journey state. Editing a departure time does not extend the original deadline. Removing or cancelling a flight does not automatically return its pass. Returning a pass ends that flight’s pass authorization and makes the credit available again; it is not a payment refund.

Flight access is associated with the eligible journey you review and save. A material change may require a new eligibility check. Passes are digital access credits, not money, transferable tickets, stored-value bank accounts or investments. They cannot be sold, assigned to another person or exchanged for cash except where law requires. We will not impose an undisclosed expiry or retroactively reduce a purchased entitlement contrary to applicable law. Included access and promotional eligibility may be checked to prevent repeated claims through duplicate accounts.

Prices, features, billing periods and applicable taxes are shown before purchase. Purchases made through Apple, Google or another marketplace are billed and managed by that provider and are also subject to its terms. Refund eligibility depends on the purchase, applicable consumer law and the billing provider’s process. Delivery or use alone does not remove a statutory refund, cancellation or withdrawal right. Contact us about access that was charged but not supplied, duplicate charges or a product that does not meet a legally binding description.

Auto-renewing subscriptions

A subscription renews automatically for the displayed period unless you cancel through the billing provider before its renewal deadline. Your provider may charge the then-current price and applicable tax. Canceling stops future renewal but ordinarily leaves access through the paid period. Deleting Avyloft, signing out or deleting your Avyloft account does not cancel a subscription, including a web subscription.

Web purchases and payment status

Where offered, web checkout uses RevenueCat Billing and Stripe payment processing. Review the product, price, currency, tax, renewal terms and payment provider shown before confirming. Available methods and offers can vary.

A browser return or pending payment does not by itself confirm access. Check Plans & Billing in the Avyloft app, or contact support, before paying again. While the web app is in development, contact support to manage a web subscription.

For Apple purchases, use Apple’s subscription and refund process. For web receipts, refund requests, duplicate charges or billing disputes, use your purchase confirmation and purchase support. Cancelling renewal is separate from a refund request; mandatory consumer rights remain unaffected.

Consent, cancellation and digital-content rights

Review the price, billing interval, trial conversion and cancellation method before authorizing a recurring charge. These Terms alone are not authorization for a new purchase. A cancellation must be completed with the provider that bills you; save its confirmation and contact support if the advertised cancellation route fails. Nothing prevents a lawful payment dispute or requires you to give up mandatory remedies by contacting us first.

Consumers in the EEA, United Kingdom and certain other places may have a statutory withdrawal period, often 14 days, subject to the applicable rules. For immediately supplied digital content, a loss of that right requires the legally required prior express consent, acknowledgment and confirmation; merely accepting these Terms is not enough. Different rules may apply to services begun at your request. Rights relating to defective, missing or misdescribed content remain. Use the store’s process or contact support with the purchase reference to exercise an applicable right.

Trials, offers and price changes

Trials and offers apply only when currently shown to you. Trial eligibility, duration and conversion terms appear with the offer. Unless canceled before the disclosed deadline, a trial may convert to a paid subscription. Introductory and promotional offers may be limited by account, household, territory or prior use. Price changes take effect as permitted by law and the billing provider, with any notice or consent the provider requires.

Entitlements and cross-platform use

Purchases are tied to the store account or Avyloft account identified at purchase. Restore tools depend on valid store receipts and account state. Use the same Avyloft account to recognize eligible access bought on a supported surface across iPhone, iPad and web. You do not need separate app and web plans. This does not transfer the purchase to a different billing provider or another person’s account. We may correct duplicate, fraudulent, reversed or invalid entitlements.

Recognition can require a network connection, verification and the account used at purchase. A pending response is not proof that payment failed. “Unlimited” Premium access refers to eligible flight access while Premium is active, not unlimited automated requests, storage or commercial use. Reasonable technical and anti-abuse limits apply without removing mandatory purchased rights. Subscription expiry does not itself mean your saved memories are deleted.

Unused passes and account deletion

Buying Premium does not use an unused Flight Pass. Deleting your account can prevent you from using remaining account-linked access and passes; deletion does not automatically refund them. Review Plans & Billing in the Avyloft app and contact support about unused passes before deletion. Refund requests follow the purchase source’s process and applicable law.

See plans · Account deletion help

16. Updates, compatibility and availability

The Service may require updates, supported hardware, operating-system versions, storage, permissions or connectivity. We do not promise compatibility with every device or continued support for an old version. Maintenance, security incidents, provider failures, force majeure, regulatory restrictions and product changes may interrupt access. We may impose reasonable limits to protect users, infrastructure and costs.

Install security and compatibility updates needed for continued use. We may change free features and content, but a material change to a paid digital product remains subject to the description, duration and consumer rights applicable to that purchase. Where required, we will give advance notice, explain the effect and provide an applicable cancellation, refund or other remedy. This section is not permission to withdraw paid rights retroactively without the protection the law requires.

17. Beta and experimental features

Preview, beta, test or experimental features may be incomplete, inaccurate, unstable or withdrawn without notice. They may have separate limits and should not be used for production, safety-critical or irreplaceable work. Unless prohibited by law, you use them at your risk.

TestFlight, invitation or preview access does not promise a public release, a particular release date, permanent storage or free access to a future paid version. Back up important material and follow any separate test-program terms presented to you. A beta label does not remove non-excludable legal rights.

18. Privacy and security

Our Privacy Policy explains how information is collected, used, shared and retained. We use safeguards designed for the Service, but no device, transmission or storage system is completely secure. You are responsible for your device lock, account credentials, recovery methods and exported copies. Do not send sensitive information through ordinary email unless we ask for it through an appropriate channel.

19. Service and legal communications

We may send account, security, billing, operational or legal notices by email, in-app message or website notice. These are service communications, not marketing. You must keep contact information current. Electronic notices satisfy written-notice requirements to the extent permitted by law.

20. Suspension and termination

You may stop using the Service at any time. We may limit, suspend or terminate access when reasonably necessary to address a Terms violation, security or fraud risk, legal requirement, nonpayment, harm to users or infrastructure, or discontinuation of the Service. Where practicable and legally permitted, we will provide notice and a reasonable opportunity to cure. Provisions that by their nature should survive—including ownership, payment obligations, disclaimers, liability limits, indemnity and dispute terms—survive termination.

Restrictions should be proportionate to the reason for them. We may act without advance notice where notice would increase a security risk, enable abuse or violate law. You may ask support to review an error. Where reasonably possible and lawful, we will explain the action and provide a way to retrieve your content before permanent closure. We need not disclose information that would compromise another person or our defenses. Suspension does not authorize us to retain money that must legally be refunded or to erase a valid consumer claim.

21. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL INFORMATION, CONTENT AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. ALDERBEAM AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, COMPLETE, CURRENT, COMPATIBLE, OR THAT DATA OR CONTENT WILL NOT BE LOST. NO ORAL OR WRITTEN INFORMATION CREATES A WARRANTY NOT EXPRESSLY STATED HERE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

These disclaimers do not override an express commitment in your purchase, legally binding pre-contract information, statutory standards of reasonable care or digital-content conformity, or any remedy that cannot lawfully be excluded. They describe limits of the Service, not a waiver of those rights.

22. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALDERBEAM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR USE; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; TRAVEL LOSS; MISSED CONNECTIONS; OR PERSONAL OR PROPERTY LOSS ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE, INCLUDING THROUGH AN APP STORE OR OTHER AUTHORIZED BILLING PROVIDER, DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100. Exclusions and caps do not apply to liability that cannot lawfully be excluded or limited, including where applicable liability for fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, mandatory consumer remedies or non-excludable data-protection compensation. The cap is not a cap on a refund or remedy that mandatory law requires. It applies across legal theories only to the extent lawful.

23. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless Alderbeam and its affiliates, officers, directors, employees, contractors and agents from third-party claims, damages, judgments, losses and reasonable legal fees arising from your intentional, fraudulent or unlawful conduct; knowing infringement of another person’s rights through User Content; or knowing misuse of the Service in material breach of these Terms. This section does not require indemnification for Alderbeam’s own negligence or misconduct or where prohibited by consumer law.

We will give reasonably prompt notice of a claim, permit a lawful defense with competent counsel and provide reasonable cooperation at your expense where this obligation validly applies. A delay reduces your obligation to the extent it materially prejudices your defense. You may not settle a claim in a way that admits fault, imposes a non-monetary obligation on another protected party or fails to release that party without its reasonable consent. We likewise will not settle a claim on your behalf in a way that binds you without your consent. This obligation is limited to loss caused by the conduct described above.

24. Mandatory consumer rights

These Terms do not exclude, restrict or waive rights or remedies that applicable law does not allow parties to exclude, including mandatory consumer, digital-content, product-liability and data-protection rights. If you are a consumer, you may have statutory conformity, repair, replacement, price-reduction, termination, refund or local-forum rights in addition to these Terms. The disclaimers, limits, governing-law choice and dispute provisions apply only to the extent lawful where you live.

For example, EEA and UK consumers retain applicable statutory digital-content and service protections; Australian and New Zealand consumers retain applicable consumer guarantees; and consumers in Québec or other protected jurisdictions retain mandatory local remedies and forum rights. A choice of Delaware law does not deprive you of protections that apply regardless of that choice. You may report concerns to regulators and exercise privacy rights without first completing our dispute process.

25. U.S. dispute resolution and individual arbitration

This section applies only to a person residing in the United States when accepting it, and only to the extent enforceable. It does not apply where mandatory law prohibits pre-dispute arbitration or the relevant waiver. Arbitration replaces a court trial for covered disputes; review the exceptions and the opt-out below.

Informal resolution first

Before filing arbitration or a lawsuit, the claimant must send an individualized written notice to info@avyloft.com describing the claimant, account email if applicable, facts, requested relief and a good-faith settlement amount. The parties will try to resolve the dispute for 60 days. Limitation periods are tolled during that period where permitted by law.

We will send our notice to your available account contact or another address you provide. The informal period does not prevent urgent relief, an eligible small-claims filing, a regulator complaint, or a filing needed to preserve a claim that would otherwise expire. A support conversation need not reveal unnecessary sensitive information.

Binding individual arbitration

If unresolved, any dispute arising from or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its then-current Consumer Arbitration Rules. The Federal Arbitration Act governs this agreement. The arbitrator may award the same individual remedies a court could award, including statutory remedies and fees where authorized. A court, not the arbitrator, decides whether an agreement was formed and disputes over this section’s validity, enforceability and scope. Judgment on an award may be entered in a court with jurisdiction.

The applicable AAA Consumer Arbitration Rules and fee schedule, including their consumer due-process protections, govern procedure. Alderbeam will pay the business fees and any consumer fees it is required to pay under those rules or applicable law. This clause does not impose business filing fees on you or waive statutory fee-shifting rights. Hearings may be remote or in a reasonably convenient location as the rules provide; you are not required to travel to Delaware for a consumer hearing.

If AAA declines or is unable to administer a covered dispute, either party may proceed in a court with jurisdiction unless both parties agree to a different administrator after the dispute arises. Neither party can force the other into an unavailable forum.

Exceptions

Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or injunctive relief in court for actual or threatened infringement, misappropriation or unauthorized access to intellectual property, accounts, systems or security. Government agencies may provide remedies where authorized by law.

Nothing bars a legally non-waivable claim for public injunctive relief or access to a regulator. Where a remedy cannot be arbitrated by law, the competent court may determine that remedy without eliminating otherwise enforceable individual claims.

Class-action and jury-trial waiver

TO THE EXTENT PERMITTED BY LAW, CLAIMS MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION IN ARBITRATION. FOR CLAIMS VALIDLY SUBJECT TO ARBITRATION, THE PARTIES GIVE UP A COURT AND JURY TRIAL. Administrative coordination under applicable AAA rules does not authorize class or representative relief.

This paragraph does not prohibit coordinated representation or lawful administrative handling under the applicable rules, and does not create a separate jury waiver for a claim that properly proceeds in court. It does not restrict a non-waivable public remedy.

Thirty-day arbitration opt-out

You may opt out of this arbitration section by emailing info@avyloft.com within 30 days after you first accept a version containing this arbitration agreement. A previously exercised valid opt-out remains effective. Include your full name, your account email if you have one or another reply address, and an unambiguous statement that you opt out of the Avyloft arbitration agreement. Opting out does not affect other Terms or your access to the Service.

Changes to arbitration

If we materially change this section after your last acceptance, you may reject that change by notifying info@avyloft.com within 30 days after you receive notice of it. Any enforceable prior agreement, including a prior opt-out, then governs covered disputes between us. We will not apply a new arbitration requirement retroactively to a dispute already notified. If part of this section is unenforceable, it will be severed to the minimum extent necessary; if the individual-action waiver is unenforceable for a particular claim, that claim must proceed in court rather than arbitration.

26. Governing law, courts and time to bring claims

Except for the Federal Arbitration Act and mandatory local law, these Terms are governed by Delaware law without regard to conflict-of-law rules. A court proceeding permitted under these Terms must be brought in the state or federal courts serving New Castle County, Delaware, and each party consents to their jurisdiction, unless mandatory consumer law gives you the right to use another court. The Delaware forum requirement does not prevent either party from bringing an eligible individual claim in a local small-claims court with jurisdiction as allowed by Section 25.

Consumers retain the limitation periods provided by applicable law. Only for a non-consumer business user, and only where lawful, a claim must be filed within one year after it accrues or it is barred. This contractual period does not shorten a non-waivable limitation period and remains subject to any legally required suspension or extension.

27. Export controls and sanctions

You may not use, export, re-export, transfer or provide the Service in violation of U.S. or other applicable export-control or sanctions laws. You represent that you are not located in a jurisdiction subject to a U.S. Government embargo or designated by the U.S. Government as supporting terrorism, and are not on a U.S. Government list of prohibited or restricted parties, except where such a restriction would be unlawful under applicable law.

28. Apple App Store terms

For the Apple application, these Terms are between you and Alderbeam, not Apple. Alderbeam is responsible for the app and content. The license is non-transferable, for Apple-branded products you own or control under App Store Usage Rules, including eligible Family Sharing or volume purchasing accounts.

Alderbeam provides required maintenance and support; Apple has no such obligation. For an applicable warranty failure, notify Apple and Apple will refund the application purchase price, if any. To the extent lawful, Apple has no further warranty responsibility; Alderbeam is responsible for other undisclaimed warranty obligations and related losses or claims. Alderbeam handles product-liability, consumer-protection, privacy and legal-compliance claims, and the investigation, defense, settlement and discharge of third-party intellectual-property claims concerning the app.

Comply with applicable third-party terms and Section 27. Developer contact details appear in Section 32. Apple and its subsidiaries are third-party beneficiaries: upon your acceptance they have, and are deemed to accept, the right to enforce these Terms as they apply to the licensed Apple application.

29. Google Play terms

If you obtain Avyloft through Google Play, Google’s terms and policies also apply. Alderbeam, not Google, is responsible for Avyloft, support and claims relating to the app, except to the extent Google’s terms state otherwise. Purchases, renewals, cancellation and refunds are administered under Google Play’s applicable rules. If these Terms conflict with Google Play’s mandatory distribution terms, those terms control for that use.

30. Intellectual-property complaints

If you believe material available through the Service infringes your rights, email info@avyloft.com with your contact information, identification of the protected work, precise location of the disputed material, the basis of your claim, a good-faith statement, a statement under penalty of perjury that the information is accurate and you are authorized to act, and your physical or electronic signature. We may remove material and restrict repeat infringers.

Identify whether your concern involves copyright, trademark, privacy or another right, and include relevant source or license information. We may request clarification, notify the content provider or consider a response before restoring or removing material as the law permits. Knowingly false reports may create legal liability. Lawful quotation, open licenses and protected fair use remain relevant to our review.

31. Changes and general provisions

We may revise these Terms for legal, security, operational or product changes. The updated date will change, and material changes will receive clear notice reasonably appropriate to the circumstances, in advance where required. We will seek affirmative acceptance where the law requires it; posting a policy cannot substitute for that acceptance. Changes do not retroactively remove accrued claims or mandatory purchased rights. If you disagree, you may stop using the Service and cancel future renewal, without losing any applicable refund or other statutory remedy.

These Terms and incorporated notices are the entire agreement about the Service, subject to Section 1’s order of precedence, and supersede prior agreements on that subject. They do not exclude liability for fraud or override legally binding purchase information. If a provision is unenforceable, it will be severed or modified only where law permits, not rewritten to preserve an unlawful consumer restriction, and the rest remains effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without written consent; we may assign them in connection with a reorganization, financing, acquisition, asset transfer or by operation of law. Headings are for convenience. “Including” means “including without limitation.” No agency, partnership, employment or joint venture is created.

An assignment by us will not remove your mandatory rights or materially reduce the protection of an existing paid commitment. Except for Apple’s stated rights and persons expressly protected by a provision, these Terms create no third-party enforcement rights. Events outside reasonable control may excuse delay only to the extent allowed by law, not erase a required refund, data-protection obligation or consumer remedy. Any translation is provided for convenience unless mandatory law gives it controlling effect. You may save or print these Terms for your records.

32. Contact information

Alderbeam, Inc.
Avyloft
390 NE 191st St, Suite 50647
Miami, FL 33179
United States
Telephone: +1 (786) 672-5816

Product, account, accessibility and security support: support@avyloft.com
Legal notices, privacy requests, arbitration notices and intellectual-property complaints: info@avyloft.com