Legal · RPAS Preflight Buddy

Terms of Use and End User Licence Agreement RPAS Preflight Buddy — Android and web app by Smart Earth Build Solutions

Effective: September 4, 2026  ·  Version 1.0  ·  Privacy Policy: rpas-preflight-buddy.netlify.app/privacy.html

The short version

This summary is for convenience only. The numbered sections below are the agreement.

1. Definitions

In these Terms:

1.1 “App” means the RPAS Preflight Buddy software application in every form we make available, including the Android application distributed through Google Play and the web version published at https://rpas-preflight-buddy.netlify.app, together with its updates, content and documentation.

1.2 “Developer”, “we”, “us” and “our” mean Smart Earth Build Solutions, a sole proprietorship registered in Ontario, Canada (Business Identification Number 1001424268), operated by Tony Morra, with its principal place of business at 455 Danforth Avenue, Suite 322, Toronto, Ontario M4K 1P1, Canada.

1.3 “You”, “your” and “User” mean the individual who installs, accesses or uses the App and, where that individual does so on behalf of an organization, that organization as well.

1.4 “Device” means the phone, tablet, computer or browser on which you install or run the App.

1.5 “Records” means the flight-day entries, flight logs, GO/NO-GO records, site-survey details, checklist responses and customizations, notes, pilot profiles, aircraft and registration details, battery registry, maintenance records, requirements-walkthrough answers, generated PDF flight logs, exported backup files and any other information you enter into or generate with the App.

1.6 “Aviation Information” means every aerodrome location, distance, proximity note, aerodrome category, airspace or authorization note, radio frequency, radio-procedure guidance, METAR, NOTAM, weather, space-weather (including the planetary K-index “GPS interference” indicator), map, checklist item, requirements-walkthrough step, retention reminder, pre-filled value, or similar information or guidance that the App displays or generates, from whatever source, including guidance tailored to what you enter about your aircraft, certificate or location.

1.7 “Third-Party Services” means data, services and content supplied by parties other than us and displayed in or used by the App, including those listed in Section 4.4.

1.8 “CARs” means the Canadian Aviation Regulations (SOR/96-433) made under the Aeronautics Act (Canada), as amended from time to time, including Part IX (Remotely Piloted Aircraft Systems).

1.9 “RPAS” means a remotely piloted aircraft system as defined in the CARs, commonly called a drone.

1.10 “Google Play” means the Google Play store operated by Google LLC or its affiliates (“Google”).

1.11 “Privacy Policy” means the RPAS Preflight Buddy privacy policy published at https://rpas-preflight-buddy.netlify.app/privacy.html, as updated from time to time.

1.12 “Consumer” has the meaning given in the Ontario Consumer Protection Act, 2023 or, for any period before that Act is in force, the Ontario Consumer Protection Act, 2002 (in each case as amended or replaced from time to time) — broadly, an individual acting for personal, family or household purposes and not for business purposes.

1.13 “Applicable Law” means the federal laws of Canada and the laws of the Province of Ontario in force from time to time and, where the context requires, any other law that applies to you or to your RPAS operations.

1.14 “Terms” means this Terms of Use and End User Licence Agreement, as updated from time to time under Section 18.

1.15 “Protected Person” means each of the Developer, Tony Morra personally, and our contractors, licensors (including the providers of Third-Party Services) and agents.

1.16 In these Terms, “including” means “including without limitation”, and headings are for convenience only.

2. Acceptance of these Terms

2.1 These Terms are a legal agreement between you and us. They govern your installation and use of the App. Please read them before you accept.

2.2 First-launch acceptance. When you first launch the App (including the web version), and again whenever Section 18.2 requires, the App shows a summary of these Terms together with controls that open the full Terms and the Privacy Policy — both of which are included with the App and, in the Android App, can be read without an internet connection — and asks you to accept. By tapping or clicking “I have read and accept the Terms of Use” (or a similarly worded control), you agree to be bound by these Terms and acknowledge the Privacy Policy. The App records on your Device which version of these Terms you accepted. The App will not proceed until you accept; if you do not accept, close the App and uninstall it (Section 2.4).

2.3 Continued use. Subject to Section 18, you also confirm your acceptance of these Terms by installing, accessing or using the App in any way, and each time you use the App after accepting them. For changes that are not material (Section 18.3), you accept the changed Terms by continuing to use the App after the change takes effect. Material changes require your express acceptance under Section 18.2.

2.4 If you do not agree to these Terms, do not accept them, do not use the App, and uninstall it from your Device.

2.5 Electronic acceptance. You agree that your tap, click or continued use is a valid electronic signature and acceptance, that these Terms are enforceable in electronic form under Ontario’s Electronic Commerce Act, 2000, and that you will not claim these Terms are unenforceable solely because they are in electronic form or were accepted electronically.

2.6 Consumers. The App is offered to individual pilots as well as to businesses and other organizations. If you are a Consumer, then to the extent the Ontario Consumer Protection Act, 2002 or the Ontario Consumer Protection Act, 2023 (whichever is in force), the consumer-protection law of the province or territory in which you live, or any other consumer-protection law applies to you and cannot be waived by contract:

  1. nothing in these Terms limits, waives or removes any right or remedy that the law does not permit to be waived;
  2. the warranty disclaimer in Section 11, the limitations of liability in Section 12, the indemnity in Section 13, the contractual limitation period in Section 14 and the class-action waiver in Section 15.5 apply to you only to the extent the law permits, and you keep any non-waivable right to start or take part in a court proceeding (including a class proceeding) and to rely on any statutory limitation period, statutory warranty or statutory condition; and
  3. every other provision of these Terms continues to apply to you to the fullest extent the law permits.

Sections 11, 12, 13, 14 and 15.5 are intended to apply in full to every User who is not a Consumer.

2.7 Age and authority. You must have reached the age of majority in your province or territory to accept these Terms on your own. If you are younger, a parent or legal guardian must accept these Terms as the User on your behalf, agrees to be bound by them (including Section 13) in respect of your use of the App, and is responsible for supervising that use. If you use the App on behalf of an organization, you confirm that you have authority to bind that organization to these Terms.

2.8 Related documents. The Privacy Policy is incorporated into these Terms by reference. If you obtained the App through Google Play, Section 19 also applies.

3. About the App and the Developer

3.1 What the App does. The App is a free pre-flight planning and record-keeping aid for pilots of RPAS in Canada, with a focus on Ontario. It lets you log a flight day in five steps and produce a PDF flight log; view a site-survey map showing straight-line distance from a chosen point to Ontario aerodromes, with a proximity note; browse a directory of Ontario aerodromes with radio frequencies; view live METAR and NOTAM information fetched from NAV CANADA (in the web version, through a third-party proxy); view weather from Open-Meteo (only if you enable it) and space-weather from NOAA; work through a step-by-step walkthrough of requirements that commonly apply near a chosen aerodrome; use and customize a pre-flight checklist template; keep pilot, aircraft, battery and maintenance details; read a general radio-procedure guide; export and import a backup file; and keep your Records on your Device. These descriptions are illustrative; the App may include other features, and every feature is subject to Section 6.

3.2 No accounts, no ads, no purchases, no analytics. The App does not require an account. It shows no advertising, sells nothing, contains no in-app purchases, and does not use analytics or tracking. We would change any of this only by updating the App, these Terms and the Privacy Policy under Section 18.

3.3 The Developer. Smart Earth Build Solutions is a sole proprietorship, not a corporation, partnership or limited-liability entity. Tony Morra is the sole principal and is the person you are contracting with under these Terms. References to “we” include Tony Morra in that capacity.

3.4 Relationship. Nothing in these Terms creates a partnership, joint venture, agency, employment, fiduciary or advisory relationship between you and us. We are not your flight reviewer, instructor, operations manager, compliance advisor or legal advisor.

3.5 Geographic scope. The App is designed for use in Canada, and its aerodrome data covers Ontario. It may not work, or may be inaccurate, elsewhere. You are responsible for complying with the law of any place where you use the App or operate an RPAS.

4. Licence Grant and Attributions

4.1 Licence. Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on Devices that you own or control, for your own pre-flight planning and record-keeping — including in the course of commercial, professional or organizational RPAS operations — in accordance with these Terms and Applicable Law. The App is licensed to you, not sold.

4.2 Restrictions. Except as these Terms expressly permit, or as Applicable Law permits despite a contractual restriction (including the interoperability, encryption-research and security-testing exceptions in the Copyright Act (Canada)), you must not:

  1. copy, modify, translate, adapt or create derivative works of the App;
  2. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the App;
  3. rent, lease, lend, sell, sublicense, distribute or otherwise transfer the App or your licence to anyone else;
  4. remove, hide or alter any copyright, trademark, attribution or other notice in the App;
  5. use the App to extract Third-Party Services data in bulk, or otherwise in breach of a provider’s licence (Section 4.4);
  6. interfere with, overload, probe or circumvent any proxy, rate limit or security feature of the App or of a Third-Party Service;
  7. use the App in any way that breaks the law, including the CARs; or
  8. use the App as a component of any automated, unattended or safety-critical system, or in any way that treats the App’s output as authoritative for flight safety.

4.3 Updates and support. We may release updates that add, change or remove features. Updates are part of the App and are subject to these Terms. You may need to install updates to keep using the App or its live-data features. We have no obligation to provide updates, maintenance or support, although we welcome bug reports at the address in Section 21.

4.4 Open-source and data attributions. The App includes or relies on data and components supplied by others under their own licences. Those licences continue to apply to that data and those components, and you must respect them. The following attributions apply:

4.5 Reservation of rights. We and our licensors keep every right not expressly granted to you in these Terms.

5. Not an Aviation Authority; No Affiliation

5.1 The App and the Developer are not an aviation authority, an air navigation service provider, an aerodrome operator, a weather service, or a flight-authorization service.

5.2 We are not affiliated with, endorsed by, sponsored by, approved by or acting for Transport Canada, NAV CANADA, the Government of Canada, Innovation, Science and Economic Development Canada, NOAA, any aerodrome, airport or heliport operator, any air traffic service, OurAirports, the OpenStreetMap Foundation, Esri, Open-Meteo, Google, or any other data provider or authority. Their names appear in the App only to identify the source of data.

5.3 The App is not an official source. The CARs, Transport Canada’s publications, NAV CANADA’s aeronautical publications (including the Canada Flight Supplement), NAV CANADA’s NAV Drone application and NAV CANADA’s NOTAM services are the authoritative sources. Where anything in the App differs from an official source, the official source governs, and you must follow it.

5.4 The App does not request, obtain or confirm any RPAS flight authorization, does not contact air traffic control or any aerodrome, does not register your aircraft, does not determine whether you hold the pilot certificate or approval you need, and does not determine whether any particular operation is permitted.

6. Pilot-in-Command Responsibility

6.1 You are the pilot. You are solely responsible for every aspect of each RPAS operation that you conduct, plan or supervise, including compliance with Part IX (Remotely Piloted Aircraft Systems) of the CARs and with every other Applicable Law, standard, advisory circular, exemption, special flight operations certificate condition, municipal by-law or property rule that applies to you. This includes, among other things, pilot certification, any RPAS operator certificate, aircraft registration and marking, operating limits, distance from people, vehicles, vessels and aerodromes, controlled airspace and any NAV CANADA RPAS flight authorization, visual line of sight, the pre-flight information and site-survey requirements (CARs sections 901.24 and 901.27), and record keeping (CARs section 901.48).

6.2 Site survey and official sources. Before each operation you must conduct your own site survey and consult the Canada Flight Supplement, NAV Drone, current NOTAMs, current weather, and any other source that the CARs or good airmanship require. The App does not do this for you and is not a substitute for the site survey required by section 901.27 of the CARs or for any other part of your pre-flight preparation.

6.3 Go/no-go. Every decision to fly or not to fly, and every decision about where, when, how high, how close, in what conditions and with what precautions, is yours alone. The App does not make, recommend or validate any operational decision. Any “GO/NO-GO” field, walkthrough step or checklist item in the App records your decision or your confirmation; it is not the App’s decision, recommendation or clearance.

6.4 Aviation Information is an aid, not an authority. The proximity notes, distances, aerodrome categories, airspace and authorization notes, radio frequencies, radio-procedure guide, requirements walkthrough, checklist, retention reminders, weather, space-weather, METAR and NOTAM displays and all other Aviation Information in the App are informational aids only. They may be incomplete, outdated, delayed, mis-located, mis-categorized, mis-transcribed, unavailable or simply wrong. Without limiting this:

  1. distances are straight-line calculations from the point you choose to a single reference point for each aerodrome taken from a community-maintained database, not to runway ends, aerodrome property boundaries or the limits of any controlled airspace, and the App does not display airspace classes or boundaries;
  2. an aerodrome, heliport or water aerodrome that is missing from the App’s data may still exist, one that is shown may have closed, moved or changed, and the site-survey map may consider fewer aerodromes than the aerodrome directory lists;
  3. the App classifies each site (for example as an airport, heliport or seaplane base) using the type codes in that database, not the definitions in the CARs, so it cannot tell you whether a site is a certified airport, a registered aerodrome, a heliport or a military aerodrome for the purposes of the aerodrome-distance rules in Part IX of the CARs, whether those rules or the 3 NM and 1 NM distances mentioned in a proximity note apply to your category of operation, or whether the site lies in controlled airspace; aerodrome categories, frequencies, names and operator details may have changed since the data was collected, and nothing shown in the App is a legal determination of an aerodrome’s status under the CARs;
  4. weather is model data for the location the App used — your device location (web version, if you allowed it), an approximate location estimated from your internet connection, a point you tapped on the map, or a place you searched for — which may be far from your actual site, and values the App pre-fills into your weather assessment are not verified;
  5. METAR and NOTAM data are fetched live from NAV CANADA (in the web version, through a third-party proxy) and may be stale, incomplete, filtered or unavailable; NOTAMs are requested for a single aerodrome or station identifier, so NOTAMs that apply to an area, a route, a flight information region or to RPAS operations generally may not be shown; a METAR is an observation at a reporting station that may be far from your site and is not a forecast; and the App does not show TAFs, GFAs or other aviation weather products;
  6. the requirements walkthrough, the airspace notes (for example, whether an aerodrome is described as controlled or uncontrolled) and any statement about what your certificate, aircraft weight or registration status allows are general summaries compiled by us from public sources at a point in time; they are not legal advice, may be wrong or out of date, do not reflect every exemption, condition or amendment, and do not determine whether your operation is permitted;
  7. the pre-flight checklist is a generic template compiled by us, not a Transport Canada checklist; it is not a substitute for the manufacturer’s procedures, your own operating procedures or the pre-flight requirements of the CARs, and any customization you make is your responsibility;
  8. the planetary K-index indicator is a general measure of geomagnetic activity and is not a determination of GPS, compass or control-link reliability at your site or at any time;
  9. retention periods and reminders shown in the App are general summaries and are subject to Section 7.2; and
  10. the App may show nothing at all where a hazard, restriction or requirement exists.

You must not rely on Aviation Information as the sole basis for any operational, safety or legal decision. Always confirm it against the official sources in Section 5.3 and against what you see at the site.

6.5 Your inputs. The App’s outputs, including each PDF flight log, are generated from what you enter. You are responsible for the accuracy and completeness of everything you enter and for reviewing every output before you rely on it or give it to anyone. This includes values the App pre-fills for you (for example weather readings or pilot and aircraft details), which you must check and correct before you save or rely on a Record.

6.6 No emergency or safety-critical use. The App is not designed for use in an emergency or as part of any safety-critical system. Nothing in the App replaces the situational awareness, judgement and vigilance that the law requires of a pilot in command.

6.7 Radio frequencies and radio guide. Radio frequencies come from a community-maintained database and may be wrong or outdated; confirm every frequency in the Canada Flight Supplement before use. The radio-procedure guide is general information, not training, and does not qualify you to transmit. Transmitting on aeronautical frequencies requires a Restricted Operator Certificate with Aeronautical Qualification (ROC-A) issued under the rules administered by Innovation, Science and Economic Development Canada; transmitting without it, or in a way that interferes with aviation communications, may be an offence.

7. Records

7.1 On-device storage. The App stores your Records only on your Device, using the local storage of your browser or the App’s web view. We do not receive, host, sync or back up your Records, and we cannot recover them for you.

7.2 Your retention obligations. The CARs (including section 901.48) and other laws require RPAS pilots, owners and operators to keep certain records for prescribed periods and to produce them to Transport Canada or another authority on request. The retention periods and reminders shown in the App (for example, 12 months for flight records and 24 months for maintenance records) are a general summary of those provisions as we understood them when the App was built; they may be incomplete or out of date, may not reflect conditions in your certificate, exemption or special flight operations certificate, and are not legal advice. You are solely responsible for knowing the requirements that apply to you and for keeping records that meet them. The App is a convenience for creating records, not a records-management system, and we make no representation that Records created with the App satisfy any legal requirement in form, content or retention. Labels on the App’s templates and outputs such as “official”, “compliant” or “retained 12 months” describe the format we designed and the period we understood the CARs to require when the App was built; they are not a representation by us that any Record is official, complete or compliant. Whether a Record meets the CARs depends on what you enter and on the requirements that apply to you.

7.3 Backups. Local storage can be erased without warning, for example when you uninstall the App, clear browser or app data, switch or reset your Device, update your operating system or browser, or when the operating system or browser frees space. You are responsible for using the App’s Export Backup feature regularly to save a backup file in a place you control, and for exporting or printing the PDF flight logs you need. A PDF flight log cannot be imported back into the App; only a backup file can. We are not liable for any loss of, damage to, or inability to access your Records.

7.4 Your ownership. Your Records belong to you. We claim no ownership of them.

8. Third-Party Data and Services

8.1 Availability. The App displays and relies on Third-Party Services that we do not control. Their availability, accuracy, timeliness and continued existence are outside our control. Any provider may change, restrict, throttle, charge for, or withdraw its service at any time, and a feature of the App that depends on it may stop working without notice.

8.2 Accuracy. We do not verify Third-Party Services data. Errors in a provider’s data, and errors introduced in transmission, conversion or display, will appear in the App. Section 6.4 applies to all such data.

8.3 Licences. Your use of Third-Party Services through the App is also subject to the providers’ own terms and licences (Section 4.4). If a provider’s terms conflict with these Terms in respect of that provider’s data, the provider’s terms govern that data.

8.4 No responsibility. We make no representation or warranty about any Third-Party Service and accept no responsibility for it. Third-party providers are not parties to these Terms and owe you no obligation under them.

8.5 Network requests. Map tiles and live data are loaded over the internet from the providers’ servers at the time you use the feature (except fonts, the map library and the default map view, which load when the App opens). In the web version, NAV CANADA requests are routed through a proxy function on our website and, as a fallback, a third-party proxy service (AllOrigins) to satisfy browser security rules; the Android App contacts NAV CANADA directly. Apart from serving the web version’s own files and its NAV CANADA proxy function from our website (hosted by Netlify, which may keep short-term request logs), we do not operate any relay or server that the App contacts. Those requests are made by your Device and are subject to the receiving service’s own privacy practices, as described in the Privacy Policy. Data charges from your carrier are your responsibility.

9. Privacy

9.1 The Privacy Policy (effective September 4, 2026, as updated from time to time) explains what the App does and does not do with information. It forms part of these Terms.

9.2 In summary: the App has no accounts, and we do not receive your name, email address, pilot or aircraft details, location, flight Records or usage data. The pilot profile, aircraft, battery and other details you enter are stored only on your Device (Section 7).

9.3 Weather and location. Location-based weather is off until you tap “Enable live weather”, “Auto-fill from live weather” or “Use My Location”, and you can turn it off again under Resources > About. When you do, the App obtains a location in one of two ways: in the web version, from your browser’s location service if you allow it (which may be precise); otherwise, from an approximate, city-level location estimated from your internet connection by an IP-geolocation service (ipwho.is or freeipapi.com). The App then sends that latitude and longitude to Open-Meteo to fetch a forecast. The aerodrome directory’s “distance from my location” feature and the site-survey map’s “My location” button obtain a location in the same way when you tap them. The Android App does not request the device location permission. If you tap a point on the map or search for a place, the coordinates of that point or the place name you typed are sent to Open-Meteo when you use that feature. The IP-geolocation and weather services see your Device’s IP address. None of this information is sent to us or stored by us. You can leave location-based weather off and the App will still work.

9.4 Other network requests. When you use the map, the aerodrome directory’s live features, the weather features or the METAR and NOTAM displays, your Device makes requests to the relevant Third-Party Services — including, in the web version, the AllOrigins proxy for NAV CANADA data. Both versions also load fonts and the map library from content-delivery networks (Google Fonts and the unpkg CDN) when the App opens. As with any internet request, the receiving server sees your Device’s IP address. The Privacy Policy describes these requests.

9.5 Google Play. If you install the App from Google Play, Google may collect information about the download, installation and your Device under Google’s own privacy policy. We receive no personal information about you from Google.

9.6 To the extent we ever handle personal information in connection with the App (for example, when you email us), we handle it in accordance with the Personal Information Protection and Electronic Documents Act (Canada) and the Privacy Policy.

10. Intellectual Property

10.1 Ours. The App — including its software, source and object code, design, user interface, text, graphics, icons, PDF templates and logos — is owned by us or our licensors and is protected by Canadian and international copyright, trademark and other intellectual-property laws. “RPAS Preflight Buddy”, “Smart Earth Build Solutions”, “SEBS” and the associated logos are common-law trademarks of Tony Morra operating as Smart Earth Build Solutions. You may not use them without our prior written consent, except to identify the App.

10.2 Theirs. Third-Party Services data and open-source components remain the property of their respective owners and are licensed as described in Section 4.4.

10.3 Yours. Your Records are yours (Section 7.4). The PDF flight logs the App generates from your Records are your own records, not documents issued, approved or certified by Transport Canada or any authority, and they are yours to keep, print, share and submit as you see fit. The layout and template of those PDFs remain ours, and we grant you a perpetual, royalty-free licence to use them as part of your Records.

10.4 Feedback. If you send us suggestions, bug reports or other feedback about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose without any obligation to you, and you confirm that it does not include anyone else’s confidential information.

10.5 Copyright complaints. If you believe content in the App infringes your copyright, send a notice to contact@smartearthbuildsolutions.com with your contact information, identification of the work, the location of the allegedly infringing content, and a statement that the information in the notice is accurate. We will review the notice and respond within a reasonable time. The App does not host content posted by users.

11. No Warranty

11.1 SUBJECT TO SECTIONS 2.6 AND 12.4, THE APP, ALL AVIATION INFORMATION, ALL THIRD-PARTY SERVICES AND ALL OUTPUTS OF THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, FREE OF CHARGE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AVAILABILITY, OR FREEDOM FROM ERRORS, INTERRUPTIONS OR MALICIOUS CODE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11.2 We do not warrant that the App will meet your requirements; that it will operate without interruption or error; that defects will be corrected; that any Aviation Information is correct, complete or current; that the App or any live-data feature will remain available; or that using the App will help you comply with the CARs or any other law.

11.3 No advice or information, whether oral or written, obtained from us or through the App creates any warranty not expressly stated in these Terms.

11.4 If Applicable Law gives you a warranty or condition that cannot be excluded, the duration of that warranty or condition is limited to the shortest period the law allows, and Section 2.6 applies.

12. Limitation of Liability

12.1 Free product; allocation of risk. The App is provided free of charge. You acknowledge that the exclusions and limitations in this Section 12 are a fundamental part of the basis on which we make the App available, that we would not make it available without them, and that they are reasonable given that you pay nothing for the App and remain in sole control of every RPAS operation.

12.2 Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 12.4, NEITHER WE NOR ANY OTHER PROTECTED PERSON WILL BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES; FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA OR RECORDS; FOR THE COST OF SUBSTITUTE SERVICES; FOR ANY REGULATORY FINE, PENALTY, MONETARY PENALTY, ENFORCEMENT ACTION, OR SUSPENSION OR CANCELLATION OF ANY CERTIFICATE, REGISTRATION OR APPROVAL; FOR ANY DAMAGE TO OR LOSS OF AN AIRCRAFT OR OTHER PROPERTY; OR FOR ANY CLAIM BY A THIRD PARTY — IN EACH CASE ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, ANY AVIATION INFORMATION, ANY THIRD-PARTY SERVICE OR ANY RPAS OPERATION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY OR OTHERWISE, AND EVEN IF WE WERE TOLD THAT SUCH DAMAGES WERE POSSIBLE.

12.3 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 12.4, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP, WHATEVER THE CAUSE OF ACTION, WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).

12.4 Carve-outs. Nothing in these Terms excludes or limits liability for (a) our fraud or fraudulent misrepresentation; (b) our wilful misconduct; (c) death or personal injury caused by our negligence, to the extent Applicable Law does not permit that liability to be excluded or limited; or (d) any other liability that cannot be excluded or limited under Applicable Law, including, for a User who lives in Quebec, liability for bodily or moral injury and liability for material injury caused by our intentional or gross fault under article 1474 of the Civil Code of Québec.

12.5 Consumers. If you are a Consumer, this Section 12 applies to you only to the extent Applicable Law permits (Section 2.6).

12.6 Fundamental breach. The exclusions and limitations in this Section 12 apply even if any limited remedy fails of its essential purpose and even in the event of a fundamental or material breach of these Terms.

12.7 Protected Persons. Every exclusion and limitation in this Section 12 also protects each Protected Person, each of whom may rely on it. We hold the benefit of this Section 12 as agent and trustee for each Protected Person who is not a party to these Terms.

13. Indemnity

13.1 Your indemnity. You will indemnify and hold harmless each Protected Person from and against all losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees) that a Protected Person incurs because of a claim, demand, action, proceeding or investigation brought or imposed by a third party (including any government, regulator or aerodrome operator), to the extent it arises out of:

  1. your breach of these Terms or of the licence of any Third-Party Service;
  2. your contravention of any Applicable Law, including the CARs, in connection with an RPAS operation that you conduct, plan or supervise; or
  3. any inaccurate, incomplete or false Record that you create with the App or give to anyone.

You are not required to indemnify a Protected Person to the extent a loss is caused by that Protected Person’s own negligence, fraud, wilful misconduct or breach of these Terms, or falls within Section 12.4.

13.2 Procedure. If you are not a Consumer: the Protected Person will notify you promptly of any claim (a delay affects your obligations only to the extent it prejudices you), will let you control the defence and settlement with counsel reasonably acceptable to the Protected Person, and will cooperate at your expense; you may not settle a claim in a way that admits fault by, imposes obligations on, or fails to fully release the Protected Person without its prior written consent; and the Protected Person may take part in the defence with its own counsel at its own cost. If you are a Consumer: you are not required to defend any claim; the Protected Person will control the defence and settlement, will notify you promptly, will consult with you before settling, and will act reasonably to mitigate the amount claimed from you.

13.3 Benefit for non-parties. We hold the benefit of this Section 13 as agent and trustee for each Protected Person who is not a party to these Terms, so that each of them may enforce it.

13.4 Consumers. If you are a Consumer, this Section 13 applies to you only to the extent Applicable Law permits (Section 2.6).

14. Contractual Limitation Period

14.1 Despite any longer limitation period under the Ontario Limitations Act, 2002 or any other statute that would otherwise apply, each of you and we must start any claim, action or proceeding against the other arising out of or relating to these Terms or the App no later than ONE (1) YEAR after the day on which the act or omission on which the claim is based took place, after which the claim is permanently barred.

14.2 This Section 14 is a contractual limitation period within the meaning of section 22 of the Ontario Limitations Act, 2002. It applies only as part of a “business agreement” within the meaning of that section — an agreement in which none of the parties is a consumer — that is, only where you are not a Consumer — and it expressly varies the basic limitation period that would otherwise apply to all claims between us, whether in contract, tort, statute, equity or otherwise.

14.3 This Section 14 does not vary the ultimate limitation period of fifteen (15) years under the Ontario Limitations Act, 2002.

14.4 This Section 14 does not apply to any Consumer, or to any claim where the variation of a statutory limitation period is prohibited by Applicable Law (Section 2.6).

15. Dispute Resolution

15.1 Talk to us first. If you have a dispute with us about these Terms or the App, email contact@smartearthbuildsolutions.com with a description of the dispute and what you would like us to do. Each of us will try in good faith to resolve the dispute through direct discussion for at least thirty (30) days after that notice before starting any court proceeding, except where urgent relief is needed under Section 15.4. The one-year period in Section 14.1 is suspended while that thirty (30) day period runs, and nothing in this Section 15.1 prevents either of us from starting a proceeding to preserve a limitation period, provided that the proceeding is then held in abeyance for the balance of the thirty (30) days.

15.2 Ontario courts. Any dispute that is not resolved by discussion will be decided by the courts of the Province of Ontario, including the Small Claims Court for claims within its monetary limit. If you are not a Consumer, you and we each submit to the exclusive jurisdiction of the courts of Ontario and waive any objection based on venue or inconvenient forum. If you are a Consumer, you may instead bring a claim in the courts of the province or territory in which you live, and nothing in this Section 15 limits any right you have under Section 2.6.

15.3 No arbitration. These Terms do not require arbitration. Nothing prevents you and us from agreeing in writing to mediate or arbitrate a particular dispute after it arises.

15.4 Urgent relief. Either of us may apply to a court at any time for interim, interlocutory or permanent injunctive or other equitable relief to protect intellectual property or to prevent irreparable harm, without first going through Section 15.1.

15.5 Class-action waiver (non-Consumers). Subject to Section 2.6, you and we each agree that any claim arising out of or relating to these Terms or the App will be brought only on an individual basis, and not as a plaintiff, claimant or class member in any purported class, collective, consolidated or representative proceeding. This Section 15.5 does not apply to any Consumer, or to any class-proceeding right that Applicable Law does not permit to be waived by contract. If a court decides that this Section 15.5 is unenforceable as to a particular claim, that claim may proceed in court, and the rest of this Section 15 continues to apply.

15.6 Statutory rights. Nothing in this Section 15 prevents a Consumer from making a complaint to a consumer-protection authority, or from exercising any right that Applicable Law does not permit to be waived.

16. Governing Law

16.1 These Terms, and any dispute or claim arising out of or relating to them or to the App, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles that would apply the law of another jurisdiction.

16.2 The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16.3 If you use the App outside Ontario, you are responsible for complying with the local law that applies to you, and Section 2.6 preserves any non-waivable consumer right given by the law of the place where you live.

16.4 Quebec. If you live in Quebec, the Civil Code of Québec and the Consumer Protection Act (Quebec) apply to you to the extent they cannot be excluded by contract, and nothing in Sections 11 to 14 excludes or limits our liability for bodily or moral injury or for material injury caused by our intentional or gross fault.

17. Termination

17.1 By you. You may end these Terms at any time by stopping all use of the App and uninstalling it from every Device. Uninstalling the App or clearing its data will delete the Records stored on that Device, so export a backup file and any PDF flight logs you need first (Section 7.3).

17.2 By us. We may suspend or terminate your licence immediately and without notice if you breach these Terms. We may also modify, suspend or discontinue the App, any feature, any proxy or any live-data source at any time, with or without notice, and without liability to you.

17.3 Effect. When these Terms end, your licence under Section 4.1 ends (the licence in Section 10.3 to the PDF flight logs you have already generated continues), you must stop using the App and delete it from your Devices, and the Records on your Device remain yours. Termination does not affect any right or obligation that accrued before it.

17.4 Survival. Sections 1, 2.6, 4.2, 4.4, 4.5, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17.3, 17.4, 19, 20 and 21, and any other provision that by its nature should survive, survive the end of these Terms.

18. Changes to these Terms

18.1 We may change these Terms from time to time, for example to reflect new features, new data sources, changes in the law, or changes in how we operate. When we do, we will update the version number and the “Effective” date at the top of these Terms and publish the new version at https://rpas-preflight-buddy.netlify.app/terms.html and in the App. The version the App asks you to accept is identified by its effective date.

18.2 Material changes. If a change is material — for example, a change that reduces your rights, increases your obligations, introduces charges, advertising, accounts or data collection, or changes the dispute-resolution or governing-law provisions — the App will show an in-app notice and will ask you to accept the revised Terms before you continue to use the App. If you do not accept, you must stop using the App and uninstall it.

18.3 Other changes. Changes that are not material — such as corrections, clarifications, updated attributions or updated contact details — take effect when we publish them, and your continued use of the App after that is your acceptance of them.

18.4 No change applies to a dispute that arose before the change took effect, unless you and we agree otherwise in writing.

19. Google Play

19.1 Scope. This Section 19 applies if you obtained the App through Google Play. It does not apply to the web version of the App, which is not distributed through Google Play.

19.2 Parties. These Terms are an agreement between you and us only. Google is not a party to these Terms. Google has no obligations or liability to you under these Terms, and Google is not responsible for the App, its content, its maintenance or support, or any claim that relates to the App or to your use of it. Any question, complaint or claim about the App should be directed to us at the address in Section 21, not to Google.

19.3 Your rights under Google Play’s terms. Your rights and obligations under the Google Play Terms of Service and any other terms between you and Google, including any Google refund or consumer policy, are not affected by these Terms. These Terms govern your relationship with us; Google’s terms govern your relationship with Google.

19.4 Conflict. If these Terms conflict with the Google Play Developer Distribution Agreement between us and Google, that agreement prevails to the extent of the conflict. Nothing in these Terms is intended to limit any obligation we owe to Google or any right that Google Play’s terms give you.

19.5 Google may rely on this Section. Google may rely on and enforce Section 19.2 as if it were a party to these Terms, and we hold the benefit of Section 19.2 as agent and trustee for Google for that purpose.

20. Severability, Waiver, Entire Agreement, Assignment

20.1 Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable in any jurisdiction, that provision will be read down in that jurisdiction to the minimum extent necessary to make it enforceable, or, if that is not possible, severed, and the remaining provisions continue in full force in that and every other jurisdiction.

20.2 Waiver. No failure or delay by us in exercising any right under these Terms is a waiver of that right, and a single or partial exercise of a right does not prevent any further exercise. A waiver is effective only if it is in writing and signed by us.

20.3 Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App and replace every earlier or contemporaneous understanding, representation or agreement about it, whether written or oral. In the case of conflict, these Terms prevail over the Privacy Policy on matters other than the handling of information, and the Privacy Policy prevails on the handling of information. Nothing in this Section 20.3, in Section 11 or elsewhere in these Terms excludes or limits liability for fraud or fraudulent misrepresentation (Section 12.4), or any remedy for an unfair practice or other right under consumer-protection law that cannot be waived (Section 2.6).

20.4 Assignment. You may not assign or transfer these Terms or your licence, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign these Terms without your consent to a successor in connection with a reorganization, incorporation, change of name, sale or transfer of the App or of our business, and we will publish notice of any such assignment under Section 18. These Terms bind and benefit the parties and their successors and permitted assigns.

20.5 Force majeure. We are not liable for any failure or delay in making the App or any feature available that is caused by events beyond our reasonable control, including outages or changes at any Third-Party Service, hosting provider, app store or network.

20.6 No third-party beneficiaries. Except for the Protected Persons under Sections 12.7 and 13.3 and Google under Section 19.5, these Terms give no rights to anyone other than you and us.

20.7 Notices. We may give you notice through the App, on the page where these Terms are published, or, if you have contacted us, by email to the address you used. Notices to us must be sent to the address in Section 21 and are effective on the next business day after receipt.

20.8 Language. These Terms are written in English. Any translation we provide is for convenience only, and, subject to Section 16.4, the English version governs where the law allows.

21. Contact

If you have a question about these Terms or the App, or want to report a bug or a data error, contact:

Smart Earth Build Solutions
Attention: Tony Morra, Principal
455 Danforth Avenue, Suite 322
Toronto, Ontario M4K 1P1, Canada
Email: contact@smartearthbuildsolutions.com

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