Terms of Service

1. Definitions

“Account” means the account you register in order to use the Services.

“Content” means any data, file, text or material submitted to the Services by you, including roster files, flight records, logbook entries, notes and profile information.

“Connection” means a person you have invited, and who has accepted an invitation, to view flight information you have elected to share.

“Follower” means any person who views flight information through the Services, whether as a Connection, through a tracking link, or otherwise, and whether or not that person holds an Account.

“Free Tier” means access to the Services without a paid subscription, subject to the feature limits and usage caps applied from time to time.

“Pro” means a paid subscription to the Services under any plan we offer from time to time.

“User” means any person who accesses or uses the Services, whether on the Free Tier or under a Pro subscription.

“Crew User” means a User who uses the Services in a professional capacity as a pilot or as cabin crew, including by importing a roster or maintaining a logbook.

“Traveller User” means a User who uses the Services in a personal capacity to record, track, follow or share flights, and who does not maintain a professional logbook.

“Flight Data” means any flight schedule, status, position, timing, gate, delay, aircraft or airport information displayed within the Services, whether derived from Content submitted by you or supplied by a third-party data provider.

2. Eligibility and Accounts

You must be 16 or over, provide accurate information, and keep your credentials secure.

2.1 You must be at least 16 years of age to register for an Account. By registering, you represent that you meet this requirement.

2.2 You must provide accurate and complete information when registering and must keep that information current. We may refuse, suspend or cancel an Account where information provided is inaccurate, incomplete or misleading.

2.3 An Account is personal to you. You must not share your Account credentials, permit any other person to use your Account, or transfer your Account to another person without our prior written consent.

2.4 You are responsible for maintaining the confidentiality of your credentials and for all activity conducted through your Account. You must notify us promptly at hello@aviato.so if you become aware of any unauthorised access to or use of your Account.

2.5 Where you access the Services in the course of your employment or engagement, you represent that you are permitted to do so and that your use does not breach any obligation you owe to your employer or principal.

3. The Services

We provide roster import, flight tracking, logbook and sharing features. Some are free; some require a subscription.

3.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your own personal or professional record-keeping purposes.

3.2 The Services include, depending on your Account type and subscription status, roster import, flight schedule display, live flight tracking, notifications and alerts, automatic and manual flight logging, calculated flight statistics, and flight sharing with Connections.

3.3 The Services are used by two categories of User. Crew Users import rosters and maintain professional flight records. Traveller Users record and follow individual flights in a personal capacity and are not required to import a roster. Certain features, including roster import and logbook calculations, are directed at Crew Users. References in these Terms to roster files and logbooks apply only to the extent that you use those features.

3.4 The Free Tier is subject to feature limits and usage caps, including limits on the number of automatically logged flights and enriched flight records, which we may vary from time to time. Features available on the Free Tier at any given time are as described in the Services.

3.5 We may add, modify, restrict, suspend or discontinue any feature of the Services at any time. Where a change materially reduces the functionality of a feature for which you are paying, we will give you reasonable notice and you may cancel your subscription. Any refund of prepaid fees is at our sole discretion, save where a refund is required by applicable law.

3.6 We do not guarantee that the Services will be available at all times or without interruption. The Services may be unavailable during maintenance, or as a result of failures affecting third-party providers, networks or infrastructure outside our control.

4. Subscriptions, Billing and Renewal

Subscriptions renew automatically until cancelled. Purchases made in the app are governed by the relevant app store's terms.

4.1 Pro subscriptions are offered on the plans, at the prices and for the billing periods displayed at the point of purchase. Prices are inclusive or exclusive of taxes as indicated at the point of purchase, and you are responsible for any applicable taxes not collected by us.

4.2 Subscriptions purchased through the Apple App Store or Google Play are billed by Apple or Google and are subject to the terms of the relevant store, including its billing, cancellation and refund policies. Subscriptions purchased directly are billed through our payment processor, Stripe.

4.3 Subscriptions renew automatically at the end of each billing period at the then-current price, unless cancelled before the renewal date. You authorise us, or the relevant app store, to charge the applicable payment method on each renewal.

4.4 You may cancel a subscription at any time. Cancellation takes effect at the end of the current billing period. Cancellation of a subscription purchased through an app store must be made through that store's subscription settings; we are unable to cancel it on your behalf.

4.5 We may change our prices. Where a price change affects a subscription that renews, we will give you at least 30 days' notice before the change takes effect, and the change will apply from your next renewal date. If you do not accept the change, you may cancel before that date.

4.6 If a payment fails, we may suspend access to Pro features until payment is successfully taken. Your Content will not be deleted as a result of non-payment, but features requiring a subscription will cease to be available.

5. Cancellation, Refunds and Statutory Withdrawal Rights

Refunds for app store purchases go through the store. Some jurisdictions give you a right to withdraw.

5.1 Except as required by law or as expressly stated in these Terms, fees are non-refundable and we do not provide refunds or credits for partially used billing periods.

5.2 Refund requests for purchases made through the Apple App Store or Google Play must be submitted to the relevant store, which applies its own refund policy. We have no ability to grant refunds for those purchases.

5.3 Consumers in the European Union and the United Kingdom have a statutory right to withdraw from a contract for digital content within 14 days of entering into it. By purchasing a subscription and accessing the Services immediately, you request that supply begin during the withdrawal period and acknowledge that you lose the right of withdrawal once supply has begun. Where the right of withdrawal has not been lost, you may exercise it by contacting hello@aviato.so.

5.4 Nothing in this section affects any non-excludable right you have under the consumer protection laws of your country of residence, including the Consumer Protection (Fair Trading) Act 2003 of Singapore.

6. Your Content and Roster Files

You own your Content. You give us permission to process it in order to run the Services, and you confirm you are allowed to upload it.

6.1 As between you and us, you retain all rights in your Content. We do not claim ownership of it.

6.2 You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, parse, process, adapt and display your Content, solely to the extent necessary to operate, maintain, secure, support and improve the Services and to provide them to you and to your Connections. This licence terminates when your Content is deleted, subject to the retention periods set out in our Privacy Policy and to residual copies in backups.

6.3 You represent and warrant that you are entitled to submit your Content to the Services, and that doing so does not breach any law, any contractual obligation, any confidentiality or non-disclosure obligation owed by you to your employer or any third party, or any policy of your employer or operator governing the disclosure of rostering, crewing or operational information.

6.4 Roster files may contain the personal data of other crew members. You represent and warrant that you are entitled to disclose such data to us for the purposes described in the Privacy Policy. We process it solely in order to reconstruct your own duties and flights.

6.5 You are responsible for the accuracy and legality of your Content. We do not review Content before it is submitted, but we may remove or refuse to process any Content that we reasonably consider to breach these Terms or applicable law.

6.6 We may generate derived records from your Content, including calculated block time, flight time, night time, time in seat, landings and aggregated statistics. Such derived records form part of your Content.

6.7 You are responsible for maintaining your own independent copies of any records you are required to keep. Export functionality is provided within the Services, and you should export your records before terminating your Account, as deletion is irreversible.

6.8 We do not warrant that your Content will be preserved without loss, corruption or alteration, and we are under no obligation to store, back up, restore or recover it. You are solely responsible for maintaining your own backups. Any assistance we may provide in recovering Content is offered as a courtesy, does not create an obligation, and does not give rise to liability if recovery is unsuccessful or incomplete.

7. Flight Sharing and Connections

What you share, you choose. You are responsible for who you invite.

7.1 Flight sharing operates on an opt-in basis. Connections may view only the flight information you elect to share and may not access your logbook, your complete roster history or your Account details.

7.2 You are solely responsible for the persons you invite as Connections and for the information you make available to them. You should invite only persons to whom you are content to disclose your movements.

7.3 You may revoke a Connection at any time. Revocation prevents future access but does not recall information already viewed, retained or shared onward by that person.

7.4 You must not use the sharing features to monitor, track or surveil any person without their knowledge and consent, or in any manner that would constitute harassment or a breach of applicable law.

7.5 Tracking links. Where you generate a tracking link, any person holding that link may view the flight information it displays, for so long as the link remains active. A tracking link is not access-controlled unless we state otherwise, and you should treat it as capable of being forwarded to others. You are responsible for deciding to whom you send it.

7.6 Followers. These Terms apply in full to every Follower. In particular, sections 9 and 16 apply to a Follower in the same way as they apply to an Account holder, and a Follower who has paid no fee is subject to the limitation of liability in section 16.2 accordingly.

7.7 No reliance by Followers. Flight information shown to a Follower, including departure and arrival times, estimated times, gate information, delay information, status, position and landing confirmation, is indicative only, may be inaccurate, delayed or out of date, and must not be relied upon. A Follower must confirm status directly with the operating airline or airport before travelling to an airport, arranging or altering transport, arranging a collection, booking or cancelling any travel arrangement, or making any decision where arriving early, arriving late or not arriving at all would cause loss, cost or inconvenience.

7.8 We accept no liability to any Follower, or to any Account holder in respect of any Follower, for any loss arising from the matters described in section 7.7, including any missed collection, missed journey, wasted journey, missed flight or connection, or any travel, transport, parking, accommodation, rebooking or subsistence cost.

7.9 The absence of a notification is not confirmation that a flight has not departed, has not been delayed, or has not landed. A Follower must not treat the absence of an alert as information.

8. Acceptable Use

Use the Services lawfully and don't attack, copy or resell them.

8.1 You must not:

1. use the Services in breach of any applicable law, regulation or aviation authority requirement;
2. upload material that is unlawful, infringing, defamatory or that you are not entitled to disclose;
3. access or attempt to access any account, data or system that you are not authorised to access;
4. probe, scan, penetration-test or otherwise attempt to compromise the security or integrity of the Services, except under a written authorisation from us;
5. scrape, harvest, crawl or systematically extract data from the Services, or use any automated means to access them other than a documented interface we have provided to you;
6. reverse engineer, decompile or disassemble any part of the Services, except to the extent that this restriction is prohibited by applicable law;
7. resell, sublicense, rent, lease or otherwise commercially exploit the Services or any data obtained from them, including flight data supplied by our data providers;
8. use the Services to build or assist in building a competing product or service; or
9. impose an unreasonable or disproportionate load on our infrastructure, or circumvent any usage cap, rate limit or entitlement check.

8.2 We may investigate any suspected breach of this section and may suspend access, remove Content or terminate an Account in accordance with section 14.

9. Accuracy of Data and No Reliance

This is the important one. Aviato is an informational and record-keeping tool. All data may be wrong, late or missing, and you must not rely on it.

9.1 The Services generate and display Flight Data derived from Content submitted by you and from data supplied by third-party aviation data providers. All such data may be incomplete, delayed, superseded, unavailable or inaccurate. The Services may fail to detect, or may incorrectly detect, the existence, identity, status or timing of any flight, and may display a flight that does not operate or omit a flight that does.

9.2 We accept no liability whatsoever for the accuracy, completeness, timeliness or availability of any Flight Data, whether that data originated from you, from a third-party data provider, or from processing carried out by the Services. This applies equally to Crew Users and to Traveller Users, and to any person who views flight information shared with them by a User.

9.3 You are solely responsible for reviewing, verifying and correcting your logbook and flight records. We do not warrant that any record generated by the Services is accurate, complete, or fit for submission to any licensing authority, regulator, employer or prospective employer. You remain responsible for maintaining such independent records as are required by your licensing authority, your employer or applicable law.

9.4 The Services are provided for informational and record-keeping purposes only. They are not an operational, dispatch, air traffic, flight-planning, navigation or safety-of-life system. They must not be relied upon for any operational decision, for determining compliance with flight time limitations or rest requirements, for determining fitness for duty, or for any purpose where inaccurate or delayed information could result in injury, loss or regulatory breach.

9.5 Notifications and alerts, including delay, gate change, departure and arrival alerts, are delivered on a best-efforts basis through third-party networks and devices, and may be delayed, duplicated, inaccurate or not delivered at all. You must not rely on the receipt or non-receipt of an alert as confirmation of the status of any flight.

9.6 No reliance for travel purposes. Where you or any person you share flights with uses the Services to follow, meet, collect or plan around a flight, the Services must not be relied upon for that purpose. Displayed departure, arrival, gate, delay and landing information is indicative only and may be wrong or out of date. You must verify status directly with the operating airline or airport before travelling to an airport, arranging collection or transport, booking or altering any travel arrangement, or making any decision where being early, late or absent would cause loss, cost or inconvenience.

9.7 Flight status, aircraft, timing and position data is supplied by third parties. We do not control that data, do not verify it independently and are not responsible for its accuracy, completeness or availability.

9.8 No regulatory endorsement or acceptance. We make no representation that the Services, or any record or report generated by them, are approved, endorsed, accepted or recognised by any civil aviation authority, regulator, airline, operator, training organisation or prospective employer. Acceptance of any record is a matter for the body to which it is submitted, and is outside our control. Any reference in our marketing materials to reports being suitable for audits, checks or regulatory review is a description of the format and content of those reports and is not a representation of acceptance by any third party.

9.9 It is your responsibility to satisfy yourself that the Services meet the record-keeping requirements applicable to your licence, your operator and your jurisdiction, and to maintain such other records as those requirements demand.

9.10 Data supplied by you. The Services operate on data you supply, including roster files, manual entries, corrections and profile settings. We do not verify that data and are not responsible for any consequence of it being inaccurate, incomplete, outdated, mis-formatted, ambiguous or wrongly attributed, including where it causes a flight to be matched incorrectly, logged incorrectly, logged twice, or not logged at all.

9.11 Data supplied by third parties. Flight status, position, timing, aircraft and airport data is obtained from third-party providers. Such data may be wrong, stale, withdrawn, rate-limited or unavailable without notice. We accept no responsibility for the accuracy, completeness, timeliness, continuity or availability of such data, or for any consequence of reliance upon it.

9.12 Processing and calculation. Roster parsing, flight matching, departure and arrival detection, and the calculation of derived values including block time, flight time, night time, day and night takeoffs and landings, time in seat, holder capacity and cumulative totals, are performed automatically and may produce incorrect results. We do not warrant that any calculation is correct, that it applies the rules of your licensing authority or operator, or that it is suitable for any regulatory purpose.

9.13 No duty to verify, monitor or correct. We are under no obligation to review, verify, monitor, audit, correct or retain your Content or any record generated by the Services, and no such obligation arises from our having done so on any previous occasion.

9.14 Acknowledgement and allocation of risk. You acknowledge and agree that:

1. records generated by the Services may be inaccurate or incomplete, and you accept that risk;
2. you will independently verify every record before relying upon it for any licensing, regulatory, employment, training, checking, insurance, tax or legal purpose;
3. you will maintain your own independent records, and your own backups or exports of your Content, and will not rely on the Services as your sole record; and
4. the fees charged for the Services, and in particular the availability of the Free Tier, reflect this allocation of risk, and we would not offer the Services on these terms without it.

9.15 No advice. Nothing in the Services constitutes legal, regulatory, aviation, employment, medical, tax or professional advice, and nothing in the Services should be treated as a determination of your compliance with any flight time limitation, rest requirement, currency requirement, recency requirement or licensing obligation.

9.16 Sole remedy. Where you are dissatisfied with the Services, including with the accuracy of any record, your sole and exclusive remedy is to cease using the Services and to cancel your subscription in accordance with section 4.4.

9.17 Predictions, estimates and forecasts. Where the Services display a predicted, estimated, projected or forecast value, including a predicted delay, an estimated departure or arrival time, a projected gate or a likelihood of disruption, that value is generated automatically from historical and current data and is speculative. It is not a statement of fact, is not confirmed by any airline, airport or authority, and will frequently prove to be wrong. It must not be relied upon for any purpose, and we accept no liability whatsoever in respect of it.

9.18 Tracking coverage. Live tracking depends on data received from ground-based and satellite receivers and from third-party feeds. Coverage is incomplete in many parts of the world, including over oceans and in regions with limited receiver density. Certain aircraft are withheld from public tracking at the request of operators or authorities. Position, status and timing information may therefore be delayed, interrupted, imprecise or entirely absent, and a flight may appear stationary, missing or on an incorrect route. No inference may be drawn from the absence, interruption or apparent implausibility of tracking data.

10. Third-Party Services and Data

We depend on other providers, and their terms apply to their parts.

10.1 The Services rely on third-party providers, including aviation data providers, hosting, notification, analytics and payment providers. Your use of the Services may be affected by the availability, performance or terms of those providers.

10.2 Where the Services link to or integrate with a third-party service, your use of that service is governed by that third party's terms and privacy policy, and not by these Terms. We are not responsible for third-party services.

10.3 We may change our third-party providers at any time.

11. Intellectual Property

We own Aviato. You own your Content.

11.1 The Services, including all software, source code, interfaces, designs, text, graphics, the Aviato name, logo and brand elements, and all intellectual property rights in them, are owned by or licensed to Cuppa Pte Ltd. Nothing in these Terms transfers any such right to you.

11.2 You must not remove, obscure or alter any proprietary notice displayed within the Services.

11.3 Section 6 governs the ownership of your Content.

12. Feedback

If you send us suggestions, we may use them freely.

12.1 If you provide us with feedback, suggestions, feature requests or bug reports, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use and incorporate that material into the Services without obligation, attribution or compensation to you.

13. Beta and Experimental Features

Test features may break. Don't rely on them.

13.1 We may make features available that are identified as beta, preview, early access or experimental. Such features are provided “as is”, may be modified or withdrawn at any time, may be less reliable than generally available features, and are excluded from any service commitment we may otherwise make.

14. Suspension and Termination

You can leave at any time. We can suspend or terminate for breach.

14.1 You may terminate these Terms at any time by deleting your Account through the Services. Deletion of your Account is permanent and irreversible, and results in the deletion of your Content in accordance with the Privacy Policy.

14.2 We may suspend or terminate your access to the Services, in whole or in part, with immediate effect where:

1. you are in material breach of these Terms;
2. we reasonably suspect fraudulent, unlawful or abusive use of the Services;
3. your use poses a risk to the security, integrity or availability of the Services or to other Users; or
4. we are required to do so by law.

14.3 Where reasonably practicable and lawful, we will give you notice before suspension or termination and, where the cause is capable of remedy, an opportunity to remedy it.

14.4 We may terminate these Terms for convenience on 30 days' written notice. Any refund of prepaid fees following such termination is at our sole discretion and will be considered on a case-by-case basis, save where a refund is required by applicable law.

14.5 On termination, your right to use the Services ceases immediately. Sections 6.2 (to the extent of residual copies), 9, 11, 12, 15, 16, 17, 22 and 23 survive termination.

15. Disclaimer of Warranties

Provided "as is", to the extent the law allows.

15.1 To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”, and we disclaim all warranties, conditions and representations of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, non-infringement, or arising from a course of dealing or usage of trade.

15.2 We do not warrant that the Services will be uninterrupted, timely, secure or error-free, that defects will be corrected, that any record generated by the Services will be accurate or complete, or that the Services will meet your requirements.

15.3 Nothing in these Terms excludes or limits any warranty, condition or right that cannot lawfully be excluded or limited, including any non-excludable right you have as a consumer under the laws of your country of residence.

16. Limitation of Liability

Our liability is capped at what you paid us, with the usual exceptions.

16.1 To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for any:

1. loss of profit, revenue, business, opportunity, goodwill or anticipated saving;
2. loss, corruption or inaccuracy of data or records;
3. loss arising from an inaccurate, incomplete, missing, delayed or incorrectly generated flight record or logbook entry;
4. loss arising from a delayed, duplicated, inaccurate or undelivered notification or alert;
5. loss arising from reliance on the Services for any operational, licensing, regulatory, employment or scheduling purpose, including any fine, penalty, sanction, disciplinary action, failed check or assessment, suspension, revocation or non-renewal of a licence, rating or certificate, loss or denial of employment or promotion, or increased insurance cost;
6. loss arising from the unavailability, inaccuracy or discontinuation of third-party data;
7. loss arising from a missed, delayed or unnecessary journey, a missed flight or connection, or a missed collection, meeting or appointment;
8. travel, transport, parking, accommodation, rebooking, cancellation or subsistence costs incurred by you or by any person you share flights with; or
9. loss arising from any act or omission of a third-party data provider, airline, airport, operator or network;
10. loss arising from data supplied by you being inaccurate, incomplete, outdated or wrongly attributed;
11. loss, corruption, deletion or unauthorised alteration of Content, or any failure to recover it;
12. loss arising from the suspension, interruption, degradation or discontinuation of the Services or of any feature of them; or
13. loss arising from your failure to verify a record before relying upon it,

in each case however arising and whether or not we were advised of the possibility of such loss.

16.1A Protected Persons. In this section 16 and in sections 9, 13 and 15, references to “we”, “us” and “our” include Cuppa Pte Ltd and each of its affiliates, and each of their respective directors, officers, employees, contractors, agents, licensors and suppliers (each a “Protected Person”). Every exclusion and limitation in these Terms operates for the benefit of each Protected Person as well as for Cuppa Pte Ltd, and each Protected Person may enforce it. You agree not to bring any claim arising out of or in connection with the Services against any Protected Person individually, and any such claim shall be brought against Cuppa Pte Ltd alone. Where a claim is nonetheless brought against a Protected Person, the aggregate cap in section 16.2 applies to that claim and to any claim against Cuppa Pte Ltd in respect of the same subject matter, taken together.

16.2 Subject to section 16.3, our total aggregate liability arising out of or in connection with these Terms and the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of (a) the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) SGD 100.

16.3 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

16.4 The cap in section 16.2 applies in aggregate to all claims made by you under or in connection with these Terms. The existence of more than one claim, or of a series of related claims, does not increase that cap.

16.5 To the maximum extent permitted by applicable law, any claim arising out of or in connection with these Terms or the Services must be brought within twelve (12) months of the date on which you first became aware, or ought reasonably to have become aware, of the circumstances giving rise to it. Any claim not brought within that period is irrevocably waived.

16.6 Notice of claim. You must notify us of any claim arising out of or in connection with these Terms or the Services as soon as reasonably practicable after you become aware of the circumstances giving rise to it, and in any event within ninety (90) days, giving reasonable particulars. Notice must be given to hello@aviato.so. Failure to give notice within that period does not extinguish the claim, but you may not recover any loss that would have been avoided or mitigated had timely notice been given.

16.7 No representative proceedings. To the maximum extent permitted by applicable law, any claim you bring must be brought in your individual capacity. You may not bring, join or participate in any class, collective, representative or consolidated proceeding in respect of the Services, and you may not have your claim consolidated with the claim of any other person without our written consent.

16.8 Severance and reading down. Each exclusion and limitation in sections 9, 15 and 16 operates separately and is severable. If any of them is held by a court of competent jurisdiction to be invalid, unenforceable or unreasonable in whole or in part, it shall be read down to the minimum extent necessary to make it valid and enforceable, and if it cannot be read down it shall be severed, and in either case the remaining exclusions and limitations shall continue in full force. The invalidity of any one exclusion or limitation does not affect the validity of any other.

16.9 The limitations in this section reflect the allocation of risk between the parties, having regard to the fees charged for the Services, to the fact that the Services are made available without charge on the Free Tier, and to the fact that you retain responsibility for the accuracy of your own records under section 9. We would not make the Services available on these terms without these limitations.

17. Indemnity

If your use causes us a claim, you cover it.

17.1 You agree to indemnify and hold harmless Cuppa Pte Ltd, its officers, employees and contractors against any claim, liability, loss, damage, cost or expense (including reasonable legal fees) arising out of or in connection with:

1. your breach of these Terms;
2. your Content, including any claim that your submission of it breached a confidentiality obligation, an employer policy, or the rights of any third party; or
3. your use of the Services in breach of applicable law.

17.2 This section does not apply to a consumer to the extent that applicable consumer protection law prohibits it.

18. Privacy

18.1 Our collection and use of Personal Data in connection with the Services is described in our Privacy Policy, which forms part of these Terms.

19. App Store Provisions

Required terms for apps distributed through Apple and Google.

19.1 This section applies where you obtain the Aviato application through the Apple App Store, and applies in addition to the remainder of these Terms.

1. These Terms are concluded between you and Cuppa Pte Ltd only, and not with Apple Inc. (“Apple”). Cuppa Pte Ltd, and not Apple, is solely responsible for the application and its content.
2. The licence granted to you is limited to a non-transferable licence to use the application on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Apple has no obligation to furnish any maintenance or support services in respect of the application.
4. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the application.
5. Cuppa Pte Ltd, and not Apple, is responsible for addressing any claim relating to the application, including product liability claims, claims of non-conformity with legal requirements, and claims under consumer protection or similar legislation.
6. Cuppa Pte Ltd, and not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the application infringes that third party's intellectual property rights.
7. You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

19.2 Where you obtain the application through Google Play, your use is additionally subject to the Google Play Terms of Service, and Google is not a party to these Terms.

20. Notices

20.1 We may give notice to you by email to the address registered to your Account, by notification within the Services, or by posting to our website. Notice is deemed given when sent or posted.

20.2 You may give notice to us at hello@aviato.so or at our registered office address.

21. Changes to these Terms

21.1 We may amend these Terms from time to time. Where an amendment is material, we will give you at least 30 days' notice before it takes effect, by email or through the Services.

21.2 Continued use of the Services after an amendment takes effect constitutes acceptance of the amended Terms. If you do not accept an amendment, your remedy is to terminate your Account before it takes effect. Any refund of prepaid fees is at our sole discretion and will be considered on a case-by-case basis, save where a refund is required by applicable law.

22. Governing Law and Dispute Resolution

22.1 These Terms are governed by and construed in accordance with the laws of the Republic of Singapore.

22.2 To the maximum extent permitted by applicable law, you and we agree that the courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or the Services, and you irrevocably submit to the jurisdiction of those courts. You agree not to commence or participate in proceedings in any other forum to the extent that you are lawfully able to make that agreement.

22.3 Before commencing proceedings, we encourage you to contact us at hello@aviato.so so that we may attempt to resolve the matter informally.

23. General

23.1 Entire agreement and non-reliance. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in respect of the Services and supersede all prior understandings. You acknowledge that, in entering into these Terms, you have not relied upon any statement, promise, representation, assurance or warranty that is not set out in these Terms, including any statement contained in our website copy, marketing materials, app store listing, help content or social media. In the event of any inconsistency between such material and these Terms, these Terms prevail. Nothing in this section limits any liability for fraudulent misrepresentation.

23.2 Severability. If any provision is held to be invalid or unenforceable, it shall be severed and the remaining provisions shall continue in full force.

23.3 No waiver. A failure or delay in enforcing any provision does not constitute a waiver of it.

23.4 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation or sale of assets.

23.5 Force majeure. We are not liable for any failure or delay in performance caused by an event beyond our reasonable control, including failure of third-party infrastructure, network or data providers.

23.6 Third party rights. Save as expressly provided in section 16.1A (Protected Persons) and section 19 (App Store Provisions), a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of its terms. Each Protected Person and, in respect of section 19, Apple Inc. and its subsidiaries, may enforce the relevant provisions of these Terms. The consent of any such person is not required for any variation of, or rescission of, these Terms.

23.7 Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us.

24. Contact

Email: hello@aviato.so