Thank you for choosing Lufty. The company Lufty.app s.r.o (“Lufty”) provides you with a gliding navigation app including a personal logbook with robust flight analysis features (the “Services”). By installing or using the Lufty app or Services you acknowledge that you have read and understood these Terms of use (the “Terms”), accept them, and agree to be bound by them.

A. ACCOUNTS AND SUBSCRIPTION

In order to use certain features of the Services, you must sign up for an account with Lufty and provide certain information about yourself as required in the registration form. In order to use our Services, it is required to have a paid subscription (the “Subscription”) which will be billed in advance on an annual or monthly basis (the “Billing Cycle”). At the end of each Billing Cycle, your Subscription will be automatically renewed under the exact same conditions unless you cancel it at Apple App Store. Except when required by applicable law, we do not refund paid Subscription fees.

We may offer a Subscription with a free trial for a limited time period (the “Free Trial”). You may be required to enter your billing information to be able to sign up for the Free Trial. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial, or (ii) cancel such Free Trial.

We may at any time modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice of any change in Subscription fees and if you will not agree with the Subscription fee change, you have the right to terminate your account or subscription at Apple App Store. However, if you continue to use the Services after the Subscription fee change comes into effect, it constitutes your agreement with the modified Subscription fee amount.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

B. LIMITATION OF LIABILITY AND WARRANTY

In connection with using our Services, you and Lufty agree that only the actual damage incurred will be compensated. Within the scope permitted by valid legal regulations, Lufty is not liable for any indirect, accidental or subsequent damages, whereby these damages result in losses or damage of data, or damages related to profit or revenue loss, or any other financial losses. Notwithstanding the above, you and Lufty agree that the maximum aggregate liability of each party under this Terms is limited in the event for claims arising solely from the Services, up to the Subscription fees received by Lufty for those Services.

Lufty is a tool for glider pilots for planning and navigation, designed to raise awareness of the situation. However, the Pilots remain fully responsible for having all the information necessary for the safe flight and for complying with all applicable laws of any country where they glide or fly. All aeronautical information provided within the application is a combination of multiple sources; official but mostly opensource and therefore should be treated as such. Lufty is not an official aircraft device or software.

Your use of the Services is at your sole risk. The Service are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Furthermore, we explicitly do not guarantee that the Services will be free of errors or that the app will work without interruption, or that all defects can be repaired, or that the Services are suitable for the purpose intended by you. We do not provide any other express or implied warranties.

C. INTELLECTUAL PROPERTY

The Service and its original content, features, and functionality are the exclusive property of Lufty. Lufty hereby grants to you a non-exclusive, limited, non-transferable right to use the Services or its content for the duration of your paid Subscription or Free Trial. The right to use is granted only for your internal use, for personal, non-commercial purposes only, and it is prohibited to directly or indirectly sublicense, re-license, distribute or provide the Services or its content for use to a third party. The Lufty app is not sold or transferred to you, and Lufty retains ownership of all copies of the Lufty app. Lufty reserves all rights not specifically granted by these Terms.

D. APPLICABLE LAW, JURISDICTION AND CLASS ACTION WAIVER

Any disputes arising from or relating to the interpretation of these Terms shall be governed by law of Czech Republic only, with the exclusion of its conflict of law rules. For all disputes arising out of or related to these Terms, the sole place of jurisdiction shall be the court in Prague, Czech Republic.

 Where permitted under the applicable law, you and Lufty agree that each may bring claims against the

other only in your own capacity and not as a plaintiff or class member in any envisaged class action.

E. CHANGES TO THESE TERMS

These Terms also apply to any updates or future changes to the Terms. We may from time to time make changes to these Terms due to valid reasons, such as improving existing features or functions or adding new features or functions to the Services, or for legal or regulatory reasons. When we make material changes to these Terms, we will provide you with appropriate notice in advance (displaying in the app or by sending an email) in order to confirm that you agree with the new version of the Terms. If you will not wish to continue using our Services under the new version of these Terms, you have a right to terminate your account or subscription at Apple App Store.

F. CONTACT INFORMATION

If you have any queries about these Terms, or Lufty do not hesitate to contact us:

Lufty.app s.r.o.
Email: info@lufty.app, Phone: (+420) 725 546 969
Registered office: V Závětří 1478/6, Holešovice, Prague 7, Postal Code 170 00,  Czech Republic