1. WHO WE ARE AND WHAT THESE TERMS COVER
ZuluCheck is developed and published by SnackSafe Inc., a Delaware corporation ("SnackSafe", "we", "us", "our"). These Terms of Use (the "Terms") are a binding agreement between you and SnackSafe. They govern the ZuluCheck app for iPhone and iPad, the website zulucheck.com, shared checklist links, the documents we make available through them, and any related content, features and services (together, "ZuluCheck" or the "Service").
The Privacy Policy, the Cookie Policy and the Accessibility Statement published at zulucheck.com are part of these Terms. If you accept the Terms in the app, you also accept them for the website, and the other way around.
2. WHAT ZULUCHECK IS, AND IS NOT
ZuluCheck is an informational checklist app for pilots, for reference only. It presents checklists, reference speeds and related information that we or other users have transcribed from published sources, mainly manufacturers' Pilot's Operating Handbooks and Airplane Flight Manuals ("POH / AFM"), and from published training checklists.
ZuluCheck is not an aircraft document. It has no airworthiness, certification or regulatory status of any kind. It is not an approved flight manual, not an approved checklist, not certified avionics, not an electronic flight bag approved by any authority, and not a navigation, weather, weight-and-balance or performance tool. It is not approved, certified, reviewed, licensed, sponsored or endorsed by any aircraft manufacturer, by the FAA, EASA or any other aviation authority, by any flight school, operator, insurer or regulator.
Content in ZuluCheck may be incomplete, out of date, transcribed with errors, applicable to a different model year, serial number range, engine, equipment or modification than your aircraft, or superseded by later revisions, airworthiness directives, service bulletins, supplements or placards. The POH / AFM for the specific aircraft you fly, as kept current by its operator, always prevails over anything in ZuluCheck. Where ZuluCheck and the POH / AFM differ in any way, the POH / AFM is correct and ZuluCheck is wrong.
Source documents that ZuluCheck lets you open are provided for convenience only. They may be copies of a particular aircraft's manual, may be old revisions and may carry third-party markings. We do not warrant that any such document is current, complete or applicable to any aircraft.
3. YOU ARE PILOT IN COMMAND
You acknowledge and agree that:
- You are, and remain at all times, solely responsible for the safe operation of any aircraft, as pilot in command or as the person otherwise in charge, under 14 CFR Part 91, the Rules of the Air, your national regulations and the operator's procedures.
- You will verify every checklist, every item, every speed and every value in ZuluCheck against the current POH / AFM, checklists and placards of the specific aircraft before relying on it, and you will not operate an aircraft on the basis of ZuluCheck alone.
- Landing detection, the landing counter, the landing log, passenger-currency reminders, the QNH converter and any weather information (including METAR-derived values) are aids only. They can be wrong, late, missing or misread. Your logbook, the official weather sources, the aircraft instruments and the applicable regulations prevail. We do not determine your currency, your legal eligibility to fly or to carry passengers, or the airworthiness of any aircraft.
- Emergency procedures in ZuluCheck are reference material. In an emergency, fly the aircraft and follow your training, the aircraft's approved procedures and the instructions of air traffic control.
- You will keep the device charged, mounted and operated in a way that does not interfere with your control of the aircraft, your scan, your communications or any aircraft system, and in compliance with the rules on portable electronic devices that apply to your flight.
- You will not use ZuluCheck in any aircraft, operation or jurisdiction where the use of a non-approved reference application is prohibited or restricted.
4. ASSUMPTION OF RISK
AVIATION INVOLVES INHERENT AND SERIOUS RISKS, INCLUDING INJURY, DEATH AND PROPERTY DAMAGE. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ARISING FROM YOUR USE OF, OR RELIANCE ON, ZULUCHECK, INCLUDING THE RISK THAT ANY CONTENT IS INCORRECT, INCOMPLETE, OUT OF DATE OR INAPPLICABLE TO YOUR AIRCRAFT, AND THE RISK THAT THE APP OR YOUR DEVICE FAILS, FREEZES, LOSES DATA OR BECOMES UNAVAILABLE BEFORE, DURING OR AFTER A FLIGHT.
5. ELIGIBILITY
You must be at least 18 years old, or the age of majority where you live if that is higher, and able to form a binding contract, to use ZuluCheck. ZuluCheck is not directed to children. If you use ZuluCheck on behalf of a flight school, club, operator or other organization, you represent that you are authorized to bind it, and "you" includes that organization.
6. LICENSE
Subject to these Terms, SnackSafe grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the ZuluCheck app on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service, and to use the website, for your own non-commercial use as a pilot, student pilot or instructor. Use by a flight school, club or operator for its own members and aircraft is permitted under the same license; resale, redistribution or offering ZuluCheck as part of a commercial service is not.
All rights not expressly granted are reserved. Except where applicable law allows it despite this clause, you may not: copy, modify, translate, adapt or create derivative works of ZuluCheck; reverse engineer, decompile, disassemble or attempt to derive its source code or data formats; extract, scrape, bulk-download or republish its content, checklists, strings or documents; remove or alter any notice; rent, lease, lend, sell, sublicense or host ZuluCheck for others; use it to build a competing product or dataset; use automated means to access the Service; circumvent any technical limit, including the free plan limit; or use ZuluCheck for any unlawful purpose.
7. YOUR CONTENT: CUSTOM CHECKLISTS, AIRCRAFT DATA AND SHARED LINKS
You keep ownership of the checklists, edits, notes, aircraft data and other material you create in ZuluCheck ("Your Content"). Your Content stays on your device unless you choose to share it.
When you share a checklist set by link, you upload it to our servers and you grant SnackSafe a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, transmit and make it available to anyone who has the link, until you revoke the link in the app. Revoking a link deletes the hosted copy from our servers; copies that other people already imported stay with them. Deleting the app does not revoke your links.
You are solely responsible for Your Content and for anything you share. You represent that you have all rights needed to share it, that it does not infringe anyone's rights and that it does not contain anything unlawful, defamatory, misleading, malicious or dangerous. Shared checklists are unreviewed material from other users; anyone who imports one must verify it against the POH / AFM exactly as described in section 3. We may remove or disable any shared link at any time, with or without notice, and we are under no obligation to monitor shared content, although we may.
Reports about a shared link are stored with the reporter's IP address so that we can act on them and resist abuse.
Spotting photos: when you share a photo of an aircraft, you confirm that you took it, that it shows the registration you entered, that it follows the community rules shown in the app, and that you hold every right needed to grant this license, including the consent of anyone identifiable in it. You keep ownership of your photos. By sharing a photo, you grant SnackSafe, its affiliates, successors and assigns a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up and transferable license, with the right to sublicense through multiple tiers, to use the photo in any way, in any media and format now known or later devised, for any purpose, commercial or not: in ZuluCheck, ZuluSpot, zulucheck.com and any other product, service, website, social media account, publication, advertising or promotion of SnackSafe or its partners. This includes the rights to host, store, copy, reproduce, publish, display, distribute, transmit, resize, crop, edit, adapt, combine with other material, create derivative works from, and add or remove watermarks, logos, credit lines and metadata. We may credit the photo to your display name or show it without credit. You are not paid for your photos or their use. Deleting a photo removes it from Spotting going forward, but neither that, deleting the app nor the end of these Terms ends this license: copies already made and uses already begun may continue. To the extent the law allows, you waive, and agree not to assert, any moral rights in the photo against SnackSafe and those it licenses. Points, levels and rankings have no monetary value, cannot be exchanged and may be adjusted or reset. There is no tolerance for objectionable content or abusive users: we may remove any photo and block any spotter at any time, with or without notice.
8. THIRD-PARTY CONTENT AND SERVICES
ZuluCheck includes or links to content and services that we do not control: manufacturers' manuals and training checklists, weather data from aviationweather.gov (a service of the US National Weather Service), Apple's App Store and in-app purchase system, Apple Maps and Safari, and the sites of third parties. We are not responsible for their availability, accuracy, completeness, legality or practices, and your use of them is subject to their own terms.
Aircraft manufacturer and model names are the trademarks of their respective owners and are used only to identify the aircraft a checklist was transcribed for. No affiliation, sponsorship or endorsement is implied. Apple, iPhone, iPad, App Store and Safari are trademarks of Apple Inc.
9. FREE PLAN, SUBSCRIPTIONS AND PURCHASES
The free plan covers two aircraft with every feature and has no time limit. ZuluCheck Pro, sold as a monthly or annual auto-renewing subscription or as a one-time lifetime purchase, adds further aircraft and tail numbers.
Purchases are made through Apple's in-app purchase system and are subject to Apple's terms. Prices are shown in the App Store in your local currency before you buy and may change for future purchases. Subscriptions renew automatically at the then-current price unless you cancel at least 24 hours before the end of the current period in your Apple ID subscription settings; the charge for the next period is made to your Apple ID account within 24 hours before the end of the current period. Apple, not SnackSafe, processes payment and handles refunds under its own policy; we cannot issue refunds ourselves. Deleting the app does not cancel a subscription. A lifetime purchase is a license for the then-current and future versions of ZuluCheck for as long as we distribute it on the App Store; it does not guarantee that ZuluCheck, any feature or any aircraft pack will be available forever. We may change the features included in the free plan or in Pro, add or remove aircraft packs and change prices for future periods, giving notice where the law requires it.
10. UPDATES, AVAILABILITY AND CHANGES TO THE SERVICE
We may update, change, suspend, limit or discontinue ZuluCheck or any part of it, including any aircraft pack, feature, shared link, document or the website, at any time, with or without notice. We may require you to install updates to continue using ZuluCheck. We do not promise that ZuluCheck will be available, uninterrupted, timely, secure or error-free, that it will work with any device, iOS version, accessory or aircraft, or that content will be kept current. ZuluCheck is not designed, intended or warranted for use in situations where failure could lead to death, injury or physical or environmental damage, and you agree not to use it as the sole means of accomplishing any safety-critical task.
11. ACCEPTABLE USE
You agree not to use ZuluCheck to upload, share or transmit anything that is unlawful, infringing, defamatory, threatening, abusive, obscene, deceptive, that impersonates anyone, that contains malware or that interferes with the Service or with other users; not to probe, scan, overload, attack or interfere with our systems; not to misrepresent the source, accuracy or review status of any checklist; and not to use ZuluCheck in violation of export control, sanctions or other laws.
12. INTELLECTUAL PROPERTY
ZuluCheck, including its software, design, user interface, text, graphics, icons, pack format, data structures, trademarks (including "ZuluCheck" and the ZuluCheck logo) and the selection, arrangement and presentation of its content, is owned by SnackSafe or its licensors and is protected by copyright, trademark, trade dress and other laws. Manufacturers' manuals and third-party checklists remain the property of their owners. If you believe that content available through ZuluCheck infringes your copyright, write to support@zulucheck.com with the information required by 17 U.S.C. 512(c)(3) and we will act on valid notices, including removing content and terminating repeat infringers.
If you send us feedback, suggestions, corrections or ideas, you grant SnackSafe a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.
13. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, ZULUCHECK, ALL CONTENT, ALL DOCUMENTS, ALL SHARED CHECKLISTS AND ALL SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. SNACKSAFE AND THE OTHER RELEASED PARTIES (DEFINED IN SECTION 15) EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OR TRADE. WE DO NOT WARRANT THAT ANY CHECKLIST, SPEED, PROCEDURE, LIMITATION, WEATHER VALUE, LANDING COUNT OR CURRENCY CALCULATION IS CORRECT, COMPLETE OR APPLICABLE TO ANY AIRCRAFT OR FLIGHT, THAT ZULUCHECK WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE AVAILABLE, UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES OR DATA LOSS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SNACKSAFE OR THROUGH ZULUCHECK CREATES ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SNACKSAFE OR ANY OTHER RELEASED PARTY BE LIABLE TO YOU OR TO ANYONE CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF LIFE, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF AIRCRAFT, LOSS OF LICENSE, RATING, CERTIFICATE OR PRIVILEGES, LOSS OF DATA, LOSS OF PROFITS, REVENUE, BUSINESS OR GOODWILL, COST OF SUBSTITUTE SERVICES, OR REGULATORY FINES OR PENALTIES, ARISING OUT OF OR RELATING TO ZULUCHECK, ITS CONTENT, ANY DOCUMENT OR SHARED CHECKLIST, ANY FLIGHT OR GROUND OPERATION, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SNACKSAFE AND ALL OTHER RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO ZULUCHECK OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SNACKSAFE THROUGH THE APP STORE FOR ZULUCHECK IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS (US$100). THIS LIMIT APPLIES COLLECTIVELY TO ALL CLAIMS AND ALL RELEASED PARTIES, NOT PER CLAIM OR PER PARTY.
THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN. ZULUCHECK WOULD NOT BE OFFERED FOR FREE, OR AT ITS PRICE, WITHOUT THEM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, INCLUDING DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR WILLFUL MISCONDUCT; NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, AND IN THOSE JURISDICTIONS THE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED.
15. RELEASE
To the fullest extent permitted by law, you release and forever discharge SnackSafe Inc., its parents, subsidiaries, affiliates and successors, and each of their respective founders, shareholders, directors, officers, employees, contractors, agents, advisors, licensors, suppliers, contributors, transcribers and the persons who reviewed or provided any checklist or document (together, the "Released Parties") from all claims, demands, losses, damages, liabilities, costs and expenses of every kind, known or unknown, suspected or unsuspected, arising out of or relating to ZuluCheck, its content, any document or shared checklist, your reliance on any of them, or any flight or ground operation in which ZuluCheck was used. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Each Released Party is an intended third-party beneficiary of this section and of sections 13, 14 and 16.
16. INDEMNIFICATION
To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Released Parties from and against all claims, demands, suits, proceedings, losses, liabilities, damages, judgments, settlements, fines, costs and expenses (including reasonable attorneys' fees) brought by any third party, passenger, operator, owner, insurer, authority or other person and arising out of or relating to: your use of ZuluCheck or reliance on its content; any flight or ground operation in which you used ZuluCheck; Your Content and anything you share; your breach of these Terms or of any law or regulation; or your violation of anyone's rights. We may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate with us.
17. TERMINATION
You may stop using ZuluCheck at any time by deleting the app; your subscription continues until the end of the paid period unless you cancel it with Apple. We may suspend or terminate your access to ZuluCheck or any part of it, and remove any shared link, at any time, with or without notice, for any reason, including a breach of these Terms. Sections 2, 3, 4, 7 (as to content already shared), 8, 12, 13, 14, 15, 16, 17, 19, 20, 21 and 22 survive termination.
18. APPLE-SPECIFIC TERMS
These Terms are between you and SnackSafe only, not Apple Inc. ("Apple"). Apple is not responsible for ZuluCheck or its content. The license in section 6 is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that ZuluCheck may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where available. SnackSafe, not Apple, is solely responsible for ZuluCheck, for any maintenance and support (Apple has no obligation to provide any), for any product warranty to the extent not disclaimed, for addressing any claim by you or a third party relating to ZuluCheck or your possession or use of it, including product liability claims, claims that ZuluCheck fails to conform to a legal or regulatory requirement, and consumer protection or similar claims, and for the investigation, defense, settlement and discharge of any third-party claim that ZuluCheck infringes intellectual property rights. If ZuluCheck fails to conform to any applicable warranty that has not been disclaimed, you may notify Apple and Apple will refund the purchase price paid for the app, if any; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever. You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using ZuluCheck. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
19. GOVERNING LAW AND DISPUTES
These Terms, and any dispute or claim arising out of or relating to them or to ZuluCheck, are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing any claim, you agree to write to support@zulucheck.com describing the dispute and to try in good faith to resolve it with us for at least 60 days. Any dispute that is not resolved will be brought exclusively in the state or federal courts located in the State of Delaware, and you and SnackSafe consent to their personal jurisdiction and venue and waive any objection of inconvenient forum. SnackSafe may nevertheless seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or the Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SNACKSAFE EACH WAIVE THE RIGHT TO A JURY TRIAL, AND EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. ANY CLAIM ARISING OUT OF OR RELATING TO ZULUCHECK OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER IT AROSE; OTHERWISE IT IS PERMANENTLY BARRED, TO THE EXTENT THE LAW ALLOWS.
If you are a consumer in the European Economic Area, the United Kingdom or another jurisdiction whose mandatory law gives you the benefit of your local law or courts, nothing in this section deprives you of that protection.
20. EXPORT CONTROL AND SANCTIONS
ZuluCheck may be subject to US export control and sanctions laws. You agree to comply with them and not to export, re-export or transfer ZuluCheck, or use it, in violation of them.
21. CHANGES TO THESE TERMS
We may change these Terms from time to time. The effective date at the top shows the current version. For material changes we will ask you to accept the new Terms in the app or post a notice on zulucheck.com. Using ZuluCheck after a change takes effect means you accept the changed Terms. If you do not accept them, stop using ZuluCheck and, if you have a subscription, cancel it with Apple.
22. GENERAL
These Terms, together with the Privacy Policy, the Cookie Policy and the Accessibility Statement, are the entire agreement between you and SnackSafe about ZuluCheck and replace any earlier agreement. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest remains in force. Our failure to enforce a provision is not a waiver. You may not assign or transfer these Terms or your license; any attempt is void. SnackSafe may assign them freely, including to a successor. We are not liable for any delay or failure caused by events beyond our reasonable control. Nothing in these Terms creates any partnership, joint venture, employment, agency or fiduciary relationship. Notices to you may be given in the app, on zulucheck.com or by email if you have given us an address. Headings are for convenience only. The English version of these Terms prevails over any translation.
23. TRANSLATIONS
ZuluCheck and these documents are offered in several languages for convenience. If a translation differs from the English text, the English text prevails.
24. CONTACT
SnackSafe Inc., Delaware, USA. support@zulucheck.com, or Settings > Contact support in the app.