Planespotting FR

Terms of Service

Last updated October 6, 2026

IMPORTANT: SECTIONS 6, 15, 16, 17, 18 AND 22.3 CONTAIN AN ASSUMPTION OF RISK AND RELEASE, A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, AN INDEMNITY, A CHOICE OF ONTARIO LAW AND COURTS AND A US JURY-TRIAL WAIVER, EACH TO THE EXTENT PERMITTED BY APPLICABLE LAW.

1. About these Terms

These Terms of Service ("Terms") are a legally binding agreement between you and Planespotting Inc. ("Planespotting", "we", "us" or "our"), a corporation under the Canada Business Corporations Act. They govern your use of the Planespotting mobile application and any other application we offer (the "App"), the website planespottingapp.com and all related services (together, the "Service"). When you obtain the App from the App Store, these Terms are also its licence agreement.

You accept these Terms by creating an account or by using the Service; if you do not accept them, do not use the Service. Our Privacy Policy describes how we handle personal information. A French version is published at planespottingapp.com/fr/terms/. Section 22 sets out additional terms for where you live and prevails over any conflicting provision.

"Québec Consumer" means an individual who lives in Québec and uses the Service other than for business purposes, to whom the Consumer Protection Act (Québec) applies. "Planespotting Parties" means Planespotting and its directors, officers, employees, agents, licensors and suppliers.

2. Eligibility

2.1 Minimum age

You must be at least the minimum age for where you live:

Where you live Minimum age
Canada, except Québec 13
Québec 14
United States, except Mississippi, Tennessee and Texas 13
Mississippi, Tennessee and Texas 18
Australia 16
New Zealand 13
Any other country 18

We may require a higher minimum age where more than one minimum age could apply to you, or where the law or an app store requires it. We may ask you, or Apple, to confirm your age and where you live, and we may rely on the answers.

2.2 Under-age users and minors

If you are under your minimum age, you may not create an account or use the Service, even with a parent's or guardian's permission, and we delete any account we learn belongs to such a person, subject to any legal duty to preserve information and to the records the Privacy Policy describes. You represent and warrant that your age and residence information is true.

If you are under 18, or under the age of majority where you live, you confirm that a parent or guardian has read these Terms and agrees to them, for you and on their own behalf, and is responsible for your use of the Service. We do not enforce these Terms against a minor where applicable law prohibits it.

2.3 Other restrictions

You may not use the Service if applicable law bars you from receiving it.

3. Your account

You need an account to use most of the Service. You must give accurate information and keep it current, in the App or by contacting us. You are responsible for securing your account and the devices you use with it, and for all activity under it, and must notify us immediately of any unauthorized use. Each account is for one individual: without our written permission, you may not create an account for anyone else, hold more than one account, transfer your account, or open a new account after we have suspended or terminated yours.

4. The Service and changes to it

4.1 The Service

Planespotting is for people who watch aircraft at airports. It lets you find places to watch from, see airport, runway and weather information, and keep a record of your trips to share with your friends. The App shows what the Service includes and which features require Planespotting Pro ("Pro"), and both may change under Section 4.2. Features and information may differ, or be unavailable, from one country, region or airport to another. You may use the Service only for personal, non-commercial and recreational purposes; it is not a flight-tracking tool. Some features and programs may have additional terms, which we will present to you and which you must accept before you use or join them. They apply to that feature or program together with these Terms and, for that feature or program only, prevail if they conflict, except that Sections 20 and 22 always apply. These Terms themselves change only under Section 19.

4.2 Changes to the Service

Not applicable to Québec Consumers (see Section 22.1): We may, at any time, in our sole discretion, with or without notice and without liability to you, add, change, limit, suspend or discontinue any feature, content, information or level of service, or the Service as a whole, including by making a free feature available only with Pro or by ending development. We have no obligation to maintain, support or update the Service, and no change, interruption or discontinuation entitles you to a refund, credit or compensation, except in each case where required by applicable law. In Australia and New Zealand, Sections 22.4 and 22.5 also apply.

A material reduction in what Pro includes takes effect only after we email you 30 days' notice describing the reduction and its effective date. A reduction announced this way also applies, from its effective date, to a subscription started after we send the notice. A reduction that results from a change by Apple or another third party, or from a legal requirement, may take effect when that change requires. Where the App shows how often a plan's information is refreshed, actual refresh times can vary, and information may at times be refreshed less often or be unavailable, including under Section 12, to protect the Service or for reasons outside our control. That is not a reduction in what Pro includes. In Australia and New Zealand, Sections 22.4 and 22.5 also apply. You may cancel, and refunds are governed by Section 11.4.

5. Aviation and location information

Flight, airport, runway, weather, map and spot information in the Service, and the location your device reports, may be delayed, incomplete, inaccurate, out of date or unavailable, including for reasons beyond our control. The Service is not an official source of any of it, and it may not reflect what is actually happening at an airport. We do not control or verify information that comes from third parties or other users, and we have no obligation to correct or update any information.

The Service works with services we do not control, such as map, directions, sign-in and app store services, and may link to other websites. Their own terms govern your use of them.

THE SERVICE IS NOT AN AERONAUTICAL CHART OR NAVIGATION AID. DO NOT USE IT FOR NAVIGATION, FLIGHT PLANNING, FLIGHT OR DRONE OPERATIONS, AIR TRAFFIC, AIRPORT OR SECURITY OPERATIONS, OR ANY OTHER OPERATIONAL OR SAFETY-CRITICAL PURPOSE OR ANY PURPOSE THAT REQUIRES A PRECISE LOCATION OR DISTANCE, FOR TRAVEL DECISIONS, OR FOR BETTING OR PREDICTION MARKETS.

6. Spotting: risk, responsibility and release

6.1 Your responsibility

Visiting airports and spotting locations, and travelling to and from them, carries risks, including traffic, aircraft operations and jet blast, weather, terrain, security and police measures, and the conduct of others. You alone are responsible for where you go, how you get there and what you do there.

IT IS YOUR RESPONSIBILITY TO KNOW AND FOLLOW EVERY LAW AND RULE THAT APPLIES WHERE YOU ARE, including signs, fences, closures, rules on photography, drones and radio, and the instructions of airport, police and security personnel. Without limiting that responsibility, you must not:

IN AN EMERGENCY, CONTACT LOCAL EMERGENCY SERVICES.

6.2 No permission and no guarantee

Nothing in the Service is permission to enter or remain anywhere, or a survey of any property. This includes an airport, any spot, whether a catalog spot, your own or a friend's, and anything shown about it, such as its pin, status or hours, and directions. Nor is anything in the Service a statement that a place has been checked on site or is public, open, welcome, permitted, safe or lawful to visit or to photograph from. Whether or not a warning is shown, you alone must check access and rules on site. We have no duty to tell you which land is private, restricted or closed.

6.3 Assumption of risk and release

Australia and New Zealand: Sections 22.4 and 22.5 apply, and this Section does not override them.

Not applicable to Québec Consumers (see Section 22.1).

YOU ACKNOWLEDGE THAT VISITING AIRPORTS AND SPOTTING LOCATIONS, AND TRAVELLING TO AND FROM THEM, INVOLVES KNOWN AND UNANTICIPATED RISKS OF PROPERTY DAMAGE, BODILY INJURY, DEATH, FINES AND OTHER LOSS, AND YOU ASSUME ALL SUCH RISKS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE PLANESPOTTING PARTIES FROM, AND AGREE NOT TO SUE THEM FOR, ANY CLAIM FOR INJURY, DEATH, PROPERTY DAMAGE, FINES, PENALTIES OR OTHER LOSS ARISING FROM YOUR TRAVEL TO, PRESENCE AT OR ACTIVITIES AT ANY LOCATION, OR FROM ANY INACCURATE, INCOMPLETE OR OUT-OF-DATE INFORMATION IN THE SERVICE ABOUT A LOCATION (SUCH AS A SPOT OR ANYTHING SHOWN ABOUT IT, INCLUDING ITS PIN, OR DIRECTIONS, WHETHER PROVIDED BY US, ANOTHER USER OR A THIRD PARTY), INCLUDING CLAIMS ARISING FROM OUR ORDINARY NEGLIGENCE.

ANY DISPUTE BETWEEN YOU AND ANOTHER USER, A LANDOWNER, AN AIRPORT OPERATOR, THE POLICE OR ANY OTHER THIRD PARTY IS SOLELY BETWEEN YOU AND THAT PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE PLANESPOTTING PARTIES FROM ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN AND UNKNOWN, CONNECTED WITH IT.

THESE RELEASES DO NOT APPLY TO OUR GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD, OR TO ANY LIABILITY THAT APPLICABLE LAW DOES NOT ALLOW TO BE RELEASED. In the United States, Section 22.3 also applies.

7. Your Content

7.1 Ownership and visibility

As between you and us, you own the trips, photos, spots and other material you submit ("Your Content"). Your Content does not include information that comes from us or third parties, even where it is attached to Your Content or appears in a copy of your data that we give you ("Service Data"). You may use Service Data only for your personal, non-commercial purposes, unless we agree otherwise in writing. Nothing in these Terms limits what an open licence listed on our Acknowledgements page allows you to do with the data it covers.

A trip you share shows your friends where you were and when, and anyone who can see Your Content can copy, save or share it outside the Service. The Privacy Policy explains who can see what. Visibility settings cannot prevent every disclosure, and, to the fullest extent permitted by applicable law, we are not responsible for what other users, or third parties other than our service providers, do with Your Content. We and our service providers may access any content, including content hidden from other users, to operate the Service, review reports, enforce these Terms or comply with law.

You are responsible for keeping your own copies of Your Content, including your original photos. We may store and show photos at a reduced size, and we have no obligation to retain a full-size copy of any photo. Content kept only on your device, including anything not yet uploaded, can be lost, for example when you delete the App or your account. When an account ends, we may delete its content, subject to applicable law.

7.2 Licence to us

You grant Planespotting a worldwide, non-exclusive, royalty-free licence, sublicensable to our service providers and transferable under Section 21.2, to host, store, reproduce, modify, adapt, analyze, create derivative works of, display and distribute Your Content, only to: operate, provide, secure, improve and develop the Service, any new features and services we offer under these Terms, and the technology behind them; create the information described in Section 7.5; show Your Content to the people you share it with; and enforce these Terms, comply with law and legal process, protect the rights, property and safety of any person, and establish, exercise or defend legal claims ("Legal Purposes"). The licence ends when you delete the content or your account, except for copies already shown to or saved by others, models and anonymized or aggregated information already derived from it, backup copies until they are deleted in the ordinary course, content we keep for Legal Purposes or to resolve a report, and material licensed under Section 7.3. Without your permission, we do not use Your Content to advertise Planespotting or show it outside the Service, except under Section 7.3, for Legal Purposes or in a transaction under Section 21.2.

7.3 Spots and the catalog

A spot's "Suggest for the catalog" setting decides whether the spot is suggested for the catalog. The App shows the setting before you save the spot, and you may change it at any time. By saving a spot with the setting on, or otherwise suggesting material for the catalog, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to use, reproduce, edit, adapt, combine with other material, publish, distribute and keep what you suggest while the setting is on, including its photos, as part of the catalog in the Service, with or without attribution. For a catalog spot we publish, the licence also lets us use the name, pin and details you suggested while 18 or older, but not its photos, in other products, services and data sets, including by licensing them to others, without identifying you. We may use, change or decline any suggestion and need not respond. This licence survives if you turn the setting off, delete the spot or delete your account.

7.4 Moral rights, representations and feedback

To the extent permitted by applicable law, you waive any moral rights in Your Content, including rights of attribution and integrity, for the uses this Section 7 permits.

You represent and warrant that you own Your Content or have the rights needed to submit it and grant these licences, that neither it nor our use of it under these Terms infringes or violates anyone's rights or any law, and that every identifiable person in it has consented where the law requires. You are solely responsible for Your Content. We do not endorse, and are not responsible for, other users' content.

Feedback you give us is not confidential, and we may use it for any purpose without restriction, payment or credit.

7.5 Information we create

We may create anonymized or aggregated information from the Service and its use, including from Your Content, that does not identify, and cannot reasonably be linked to, you or anyone else. As between you and us, we own it, and we may use, publish, share and license it for any lawful purpose. Our Privacy Policy describes how we handle it. It never includes Your Content itself; Section 7.3 alone governs what you suggest for the catalog.

8. Community rules

8.1 The rules

These rules apply to everything you submit, share or do in the Service. We have zero tolerance for objectionable content and abusive users. You must not submit, share or engage in:

8.2 Review, reporting and enforcement

We have no obligation to monitor or pre-screen content or conduct. We may use automated means and human review to do so, and automated means can make errors.

You may report an account or content in the App, including an account you believe belongs to someone under the minimum age. Anyone, with or without an account, may report content to support@planespottingapp.com, identifying the content, the account and the reason. We may notify you of the outcome of a report.

Not applicable to Québec Consumers (see Section 22.1): We may, in our sole discretion, at any time, with or without notice and without liability to you, refuse, hold or remove any content, or limit who can see it, for any reason or no reason; refuse, reset or reclaim a username or remove a profile photo; and restrict, suspend or terminate an account under Section 14.

We report child sexual abuse and exploitation material to the authorities and organizations the law designates, and preserve related information as the law requires.

8.3 Blocking

You may block any user. Blocking limits what you and that user can see of each other and do in the Service, but cannot prevent every contact.

8.4 Intimate and sexual images

If an intimate image of you (one showing nudity or sexual activity), real or digitally created, is in the Service without your consent, email support@planespottingapp.com. You do not need an account, and someone authorized to act for you may report it. Tell us where the image is and how to contact you, state in good faith that it was shared without your consent, and sign with your full name. Do not send us the image. We remove the image as soon as possible and within 48 hours of receiving a complete request, and make reasonable efforts to remove known identical copies.

If a sexual image of anyone under 18, real or digitally created, is in the Service, including one of you from when you were under 18, report it in the App or email support@planespottingapp.com. Anyone may report it, with or without an account. Tell us where it is, but do not send us the image. If there is a reasonable basis to believe it is what you describe, we remove it within 48 hours of your report, permanently block it and every copy we find, and report it to the authorities. We confirm receipt in writing within 36 hours and give you our written decision within 7 days, or within 10 days if something beyond our control delays it, in which case we tell you.

9.1 Notices

Send copyright notices to our designated agent (Section 9.4). A notice under the US Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) must include your physical or electronic signature; identification of the copyrighted work and of the infringing material, with information reasonably sufficient to locate it; your address, telephone number and email address; a statement of your good-faith belief that the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.

A notice under the Copyright Act (Canada) must be in writing; state your name and address; identify the work and your interest or right in it; specify the location of the material, the infringement claimed and the date and time of its commission; and contain no offer to settle. We forward a valid notice to the person responsible for the material as the Act requires. Notices under New Zealand's Copyright Act 1994 may be sent to the same agent. We may forward any notice, including the name and contact details in it, to the person responsible for the material.

9.2 Counter-notices

If your material was removed after a DMCA notice, you may send our agent a counter-notice containing your physical or electronic signature; identification of the material and where it appeared; a statement, under penalty of perjury, of your good-faith belief that it was removed by mistake or misidentification; your name, address and telephone number; and your consent to the jurisdiction of the federal district court for your address (or, outside the United States, any judicial district in which we may be found) and to service of process from the person who sent the notice or that person's agent. We forward a valid counter-notice to that person and may restore the material 10 to 14 business days after receiving it, unless that person first tells us they have filed an action seeking a court order. Knowing material misrepresentations in a notice or counter-notice can create liability for damages under 17 U.S.C. § 512(f).

9.3 Repeat infringers

We terminate, in appropriate circumstances, the accounts of repeat infringers.

9.4 Designated agent

Designated agent: Planespotting Inc., Attn: Copyright Agent, 1338 Wellington St. W, Ottawa, Ontario K1Y 3B7, Canada; +1 613-798-6272; support@planespottingapp.com.

10. Acceptable use

You may use the Service only as these Terms allow, and only through the App and our website. You must not, or attempt to, or help anyone else to:

Not applicable to Québec Consumers (see Section 22.1): We may investigate any breach of this Section and take any action we consider appropriate, including blocking access, suspending or terminating accounts under Section 14, reporting it to the authorities and seeking an injunction or damages.

11. Planespotting Pro and purchases

11.1 Plans

Some features require Pro, as described in the App at purchase. Pro is currently offered through the Apple App Store, billed to your Apple Account, as:

Prices, in your currency, are shown in the App and on Apple's purchase sheet before you buy, and vary by country. Australian and New Zealand prices include GST; elsewhere, taxes may be added.

11.2 Free trials and offers

Where the App and Apple's purchase sheet offer a free trial or another introductory or promotional offer, it applies for the period and on the terms shown there, and each Apple Account may use one free trial. Unless you cancel at least 24 hours before a trial or offer ends, the subscription continues at the plan's price, subject to Section 11.5, charged to your Apple Account. Any unused part of a free trial ends when you purchase a subscription. We may set eligibility for trials and offers, and change or withdraw any trial or offer not yet accepted, at any time.

11.3 Renewal and cancelling

Payment is charged to your Apple Account at confirmation of purchase or, for a trial, when the trial ends. A subscription renews automatically for the same term at the then-current price unless cancelled at least 24 hours before the end of the current period or trial, and your Apple Account is charged within the 24 hours before each renewal. Manage or cancel in your Apple Account's subscription settings, which you can also open from the App. Deleting the App or your account does not cancel a subscription. If Apple cannot collect a payment, Pro may be suspended or end.

Not applicable to Québec Consumers (see Section 22.1): Cancellation takes effect at the end of the current period. If you live in British Columbia, see also Section 22.2.

11.4 Refunds

Not applicable to Québec Consumers (see Section 22.1): All fees are non-refundable, including for any partial or unused period, except as Section 22 provides or where required by applicable law (including the Australian Consumer Law and New Zealand's Consumer Guarantees Act 1993).

Apple processes all refunds for App Store purchases, and we cannot issue them. Request any refund, including one the law gives you, from Apple at reportaproblem.apple.com.

11.5 Price changes and sharing

We may change any plan's price. For a subscription, the notice under Section 19 is sent 30 days before the new price applies, the new price applies only from a renewal after that date, and you may cancel before it applies.

Pro applies to one Planespotting account at a time, and you may not share it with others. Pro is not available through Family Sharing.

11.6 Seller

Apple sells Pro on our behalf as our agent. The seller is Planespotting Inc., 1338 Wellington St. W, Ottawa, Ontario K1Y 3B7, Canada; +1 613-798-6272; support@planespottingapp.com.

12. Usage limits

We limit how much of the Service any account can use, including accounts with Pro, to protect the Service and the people who use it from abuse and excessive use.

Some limits apply automatically when an account's use reaches a threshold we set, which we may change at any time. A limit may restrict, delay or refuse an account's use of part of the Service while it applies. You may ask for a person to review a limit by emailing support@planespottingapp.com.

Not applicable to Québec Consumers (see Section 22.1): We may also limit any account if we reasonably believe its use is abusive, unusual or excessive, or breaches Section 10.

13. Our property and your licence to use the App

The Service, including its software, design, content, data compilations and catalog and the Planespotting name and logo, is owned by us or our licensors and protected by intellectual property laws. We reserve all rights not expressly granted. Certain data is used under open licences listed on our Acknowledgements page. Airline, airport and aircraft names, logos and other marks in the Service belong to their owners, are shown only to identify them, and do not mean that any owner endorses or is connected with us.

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable and revocable licence to use the App, for personal, non-commercial use, on devices that you own or control (for an App obtained from the App Store, subject to Section 20). The App is licensed to you, not sold, and this licence gives you no right to access the software, databases, algorithms or data behind the Service. We may require you to install an update to keep using the App, and the App does not work on every device or operating system. You are responsible for the devices and internet access you use with the Service, and for any data charges.

14. Suspension and termination

14.1 By us

Not applicable to Québec Consumers (see Section 22.1).

We may suspend, restrict or terminate your account, or your access to all or part of the Service, at any time, for any reason or no reason, with or without notice and without liability to you, including for breach or suspected breach of these Terms, risk of harm, fraud or legal liability, a legal or regulatory requirement, or discontinuation of the Service. We are not required to give reasons.

14.2 By you, and effect of termination

You may delete your account at any time in the App's account settings. Deletion begins when you confirm it and does not cancel a subscription (Section 11.3); the Privacy Policy explains what we retain after deletion. On termination, your licence and other rights under these Terms end, and refunds are governed by Section 11.4. Any provision that by its nature is meant to survive termination survives it, including Sections 5, 6, 7 (the licence in Section 7.2 only as far as that section continues it), 9, 11.4, 13 (except the licence), 14.2 and 15 to 23.

15. Disclaimer of warranties

Australia and New Zealand: Sections 22.4 and 22.5 apply, and this Section does not override them.

Not applicable to Québec Consumers (see Section 22.1).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, DATA AND INFORMATION IN IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND AT YOUR SOLE RISK, AND THE PLANESPOTTING PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE PLANESPOTTING PARTIES DO NOT WARRANT THAT THE SERVICE OR ANY FEATURE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED; THAT ANY INFORMATION IN THE SERVICE, INCLUDING FLIGHT, AIRPORT, RUNWAY, WEATHER, MAP AND SPOT INFORMATION AND DIRECTIONS, IS ACCURATE, COMPLETE, CURRENT OR RELIABLE; THAT YOUR CONTENT WILL BE UPLOADED, STORED OR PRESERVED; OR THAT ANY PLACE IS PERMITTED, SAFE OR LAWFUL TO VISIT OR TO PHOTOGRAPH FROM. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE PLANESPOTTING PARTIES ARE NOT RESPONSIBLE FOR THE CONTENT, CONDUCT OR SERVICES OF ANY OTHER USER, OR OF ANY THIRD PARTY NOT ACTING ON OUR BEHALF, ONLINE OR OFFLINE.

Nothing in these Terms excludes, restricts or modifies any warranty, condition, guarantee, right or remedy that applicable law gives you and does not allow to be excluded, restricted or modified.

16. Limitation of liability

Australia and New Zealand: Sections 22.4 and 22.5 apply, and this Section does not override them.

Not applicable to Québec Consumers (see Section 22.1).

(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLANESPOTTING PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, CONTENT, GOODWILL, OPPORTUNITY OR USE OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO THESE TERMS; THE SERVICE OR ANY INFORMATION IN IT; YOUR TRAVEL TO, PRESENCE AT OR ACTIVITIES AT ANY LOCATION; THE CONTENT OR CONDUCT OF ANY OTHER USER OR THIRD PARTY; OR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT, YOUR CONTENT OR OUR SYSTEMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, AND EVEN IF THE LOSS WAS FORESEEABLE OR A PLANESPOTTING PARTY WAS ADVISED OF ITS POSSIBILITY.

(b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE PLANESPOTTING PARTIES, TAKEN TOGETHER, FOR ALL CLAIMS ARISING FROM OR RELATING TO ANY MATTER DESCRIBED IN SECTION 16(a), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY AND CA$50, OR US$50 IF YOU LIVE IN THE UNITED STATES. FOR AUSTRALIA, SEE SECTION 22.4.

(c) Nothing in these Terms excludes or limits liability for fraud, wilful misconduct or gross negligence; for death or personal injury caused by our negligence, where applicable law does not allow that liability to be limited; or any other liability that applicable law does not allow to be excluded or limited.

(d) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH THE SERVICE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE, CANCEL ANY SUBSCRIPTION AND DELETE YOUR ACCOUNT, EXCEPT FOR ANY RIGHT OR REMEDY THAT APPLICABLE LAW GIVES YOU AND DOES NOT ALLOW TO BE EXCLUDED.

(e) Each limitation and exclusion in this Section 16 applies in addition to the releases in Section 6.3, is a separate allocation of risk, is independently severable, applies even if a limited remedy fails of its essential purpose, and is an essential basis of the bargain.

17. Indemnity

Australia and New Zealand: Sections 22.4 and 22.5 apply, and this Section does not override them.

Not applicable to Québec Consumers (see Section 22.1).

To the fullest extent permitted by applicable law, you will defend (at our option), indemnify and hold harmless the Planespotting Parties from and against any third-party claim, demand, investigation or proceeding, and any resulting loss, damage, liability, settlement, fine, penalty, cost and expense (including reasonable legal fees), arising from or relating to (a) Your Content, (b) your breach of these Terms, (c) your violation of any law or of any person's rights, or (d) your conduct at any location, including trespass. This indemnity does not apply to the extent a claim or loss is caused by the negligence, wilful misconduct or fraud of a Planespotting Party. We may assume the exclusive defence and control of any such matter without limiting your obligations under this Section 17; you will cooperate with us as we reasonably request and may not settle any such matter without our written consent.

18. Governing law and disputes

Not applicable to Québec Consumers (see Section 22.1).

These Terms, and any dispute arising from or relating to them or the Service, whether in contract, tort or otherwise, are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The courts of Ontario sitting in Ottawa have exclusive jurisdiction over any such dispute, and you and we submit to their jurisdiction and waive any objection to proceedings there, including that they are an inconvenient forum. Either of us may also seek an injunction or other urgent relief in any court of competent jurisdiction to protect intellectual property or the security of the Service, or to stop conduct that Section 10 prohibits.

If the consumer protection laws of the place where you live entitle you to their protection, or to bring proceedings in the courts or tribunals of that place, this Section 18 applies only to the extent those laws allow.

19. Changes to these Terms

We may amend these Terms only as this Section 19 provides, and only as to:

We may propose amendments no more than once in any 30-day period, except where a change in the law requires an earlier one. Any other change to these Terms takes effect only if you accept it, for example in the App; if you do not accept it, you may delete your account, and we may end these Terms under Section 14.

At least 30 days, and no more than 60 days, before an amendment takes effect, we will email you, at the address on your account, a written notice setting out the new clause, or the amended clause and the clause as it read before, its effective date and your rights under this Section 19, and we will publish the amended Terms on planespottingapp.com. You may refuse the amendment by cancelling any subscription and deleting your account, without cost or penalty, within 30 days after it takes effect or any longer period that the law where you live allows; refunds are governed by Section 11.4. If you do not refuse it, the amendment applies to you from its effective date. An amendment does not apply to a dispute that arose before it took effect.

20. Apple App Store terms

These terms apply if you obtain the App from the Apple App Store. They set out how responsibility is divided between us and Apple and do not add to what we owe you under the rest of these Terms.

  1. Acknowledgement. These Terms are between you and Planespotting only, not Apple, and Planespotting, not Apple, is solely responsible for the App and its content. They do not set usage rules that conflict with the Apple Media Services Terms and Conditions or the Volume Content Terms, which you acknowledge you have had the opportunity to review.
  2. Scope of licence. Your licence is a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed, acquired and used by other accounts associated with the purchaser through Family Sharing, volume purchasing or Legacy Contacts.
  3. Maintenance and support. Planespotting is solely responsible for any maintenance and support for the App, as these Terms specify or applicable law requires. Apple has no obligation whatsoever to provide maintenance or support for the App.
  4. Warranty. Planespotting is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever for the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are Planespotting's sole responsibility.
  5. Product claims. Planespotting, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation. These Terms do not limit Planespotting's liability to you beyond what applicable law permits.
  6. Intellectual property. If a third party claims that the App, or your possession and use of it, infringes its intellectual property rights, Planespotting, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
  7. Legal compliance. You represent and warrant that you are not located in a country or region that is subject to a US Government embargo or that the US Government has designated as "terrorist supporting", and are not on any US Government list of prohibited or restricted parties or any Canadian sanctions list. You may not use or export the App except as the laws of the United States, Canada and the place where you obtained it allow.
  8. Developer. Direct questions, complaints and claims about the App to Planespotting Inc. at the contact details in Section 23.
  9. Third-party terms. You must comply with applicable third-party terms, such as your wireless data service agreement, when using the App.
  10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of them, have the right (and are deemed to have accepted the right) to enforce them against you.

21. General

21.1 Entire agreement, severability and waiver

These Terms, with any additional terms you accept under Section 4.1, are the entire agreement between you and us regarding the Service and supersede all prior agreements and representations, except any statement that applicable law makes binding on us. If any provision, or part of one, is held invalid or unenforceable, it is enforced to the maximum extent permitted and limited or severed only to the minimum extent necessary, and the rest of these Terms remains in effect; each provision, including each limitation and exclusion in Sections 6, 15, 16 and 17, is severable. Our failure or delay in enforcing a provision is not a waiver of it, and we waive a provision only in writing.

21.2 Assignment

You may not assign or transfer these Terms without our written consent. We may assign or transfer them, in whole or in part, without your consent, including in a merger, acquisition, reorganization or sale of assets (see Sections 22.4 and 22.5).

21.3 Force majeure

Not applicable to Québec Consumers (see Section 22.1): We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, government action or changes in law, cyberattacks, power or internet failures, and failures of Apple's platforms or of third-party data, hosting or other providers.

21.4 Notices, relationship and interpretation

You agree to receive agreements, notices and other communications about your account and the Service electronically, by email to the address on your account or in the App, and that they satisfy any requirement to be in writing. Where the law allows, this includes notice of legal proceedings. This consent does not extend to promotional messages. You are responsible for keeping the email address on your account able to receive our emails, including an address that Apple relays for you. A notice to you is given when sent. Notices to us go to the contact details in Section 23, but we do not agree to accept service of a court proceeding by email. These Terms create no partnership, joint venture, employment, fiduciary or agency relationship. They create no rights for any third party, except that the Planespotting Parties may rely on and enforce Sections 6.3, 15, 16 and 17, and Apple and its subsidiaries may enforce these Terms as Section 20 provides. "Including" means "including without limitation", and section headings are for convenience only.

21.5 Language

These Terms are published in English and in French. For Québec Consumers, both versions have the same legal force. For everyone else, if the versions differ, the English version prevails.

22. Additional terms for your region

These terms apply if you live in the place indicated.

22.1 Québec

These terms apply to Québec Consumers in place of the provisions marked "Not applicable to Québec Consumers".

22.2 British Columbia

If you live in British Columbia, you may cancel the renewal of a monthly or 3-month subscription at any time, whether before or after the renewal date. Cancelling a monthly renewal is without charge or other penalty. If you cancel a 3-month renewal before the renewal date, no charge or other penalty applies; if you cancel it after the renewal date, you are entitled to a prorated refund of the fee for the unused part of the renewed term within 15 days after you cancel. Request it from Apple (Section 11.4). An amendment under Section 19 may change the cancellation or refund provisions of these Terms only if it does not increase an obligation of yours or reduce an obligation of ours.

22.3 United States

22.4 Australia

22.5 New Zealand

23. Contact

Users and authorities, including Australia's eSafety Commissioner and New Zealand's Department of Internal Affairs, may use these contact details.