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Legal disclaimer and operational terms of use

This risk assessment web application (“the Webapp”) is an automated data-parsing and threat-evaluation platform designed to assist pilots with threat and error management (“TEM”) planning. By accessing, browsing, or using the Webapp, you (“the User”) explicitly acknowledge, understand, and agree to the terms of this legal disclaimer.

1. Auxiliary nature and supplementary scope

The Webapp is provided strictly as an educational aid, situational-awareness supplement, and auxiliary planning framework. It is not an approved flight-planning tool, electronic flight bag (“EFB”) navigation system, or replacement for certified pre-flight preparation. The Webapp does not replace, supersede, or diminish the requirement to obtain and evaluate all official aeronautical and meteorological data required for flight planning, including but not limited to:

  • Official Meteorological Terminal Air Reports (METARs), Terminal Aerodrome Forecasts (TAFs), Significant Weather charts and atmospheric sounding data;
  • Official Notices to Air Missions / Notices to Airmen (NOTAMs) and Aeronautical Information Publications (AIPs);
  • Certified weight, balance, centre of gravity, and aircraft performance calculations derived from the official Aircraft Flight Manual (“AFM”) or Pilot’s Operating Handbook (“POH”); and
  • Airspace classifications, temporary flight restrictions, and runway availability notices issued by relevant national civil aviation authorities.

2. Absolute authority and statutory duty of the Pilot in Command

The final, non-delegable operational decision to initiate, conduct, modify, or terminate any flight rests solely and exclusively with the Pilot in Command (“the PIC”). In using the Webapp, the User expressly acknowledges that:

  • The PIC retains complete operational authority and legal accountability for the safety of the aircraft, crew, passengers, and third parties under all applicable aviation laws and regulations;
  • Automated outputs, risk scores, and threat indicators generated by the Webapp are algorithmic interpretations intended solely to prompt further independent flight research; and
  • The Webapp cannot assess qualitative, dynamic, or real-time airborne factors, including prevailing pilot fatigue, physical fitness, individual currency, aircraft mechanical anomalies, or in-flight weather deterioration.

3. Third-party data, technical latency, and parsing limitations

All meteorological reports, aerodrome data, runway dimensions, airspace boundaries, and radio frequencies displayed within the Webapp are retrieved from third-party open data feeds, Application Programming Interfaces (“APIs”), and public sources. The User acknowledges that:

  • Data feeds may experience network latency, caching delays, transmission timeouts, incomplete parsing, or upstream service interruptions;
  • Aeronautical data cycles (including AIRAC amendments) may not reflect immediate real-time updates or local aerodrome operational changes; and
  • No representation or warranty is made that the data displayed is error-free, complete, synchronized, or suitable for live navigational or tactical operational use.

4. Express disclaimer of warranties

To the maximum extent permitted by applicable law, the Webapp is provided on an “as is” and “as available” basis, with all faults and without warranties of any kind. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including (without limitation) any implied warranties of merchantability, fitness for a particular purpose, operational accuracy, title, system integration, and non-infringement. We do not warrant that the functions contained in the Webapp will meet your specific operational requirements, that operation will be uninterrupted or error-free, or that defects will be corrected.

5. Limitation of liability and statutory savings

Nothing in this disclaimer shall exclude or limit liability where such exclusion or limitation is prohibited by mandatory applicable consumer protection law or public policy, including liability for:

  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation; or
  • Any other statutory right or liability that cannot lawfully be disclaimed or limited under the governing law.

Subject to the preceding sentence, to the fullest extent permitted by law, we (together with our officers, directors, developers, and agents) shall not be liable to the User, flight crew, passengers, aircraft owners, or any third party for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or for any financial losses, aircraft damage, physical loss, hull damage, regulatory enforcement actions, civil penalties, or operational incidents arising out of or in connection with:

  • Any inaccuracy, omission, latency, or technical error within the Webapp or its underlying data feeds;
  • Any failure of the Webapp to detect, highlight, categorize, or mitigate any specific meteorological, structural, airspace, or human factor hazard; or
  • Any pre-flight calculation, routing selection, diversion decision, or operational action taken by the PIC or crew in reliance upon the Webapp.

6. User indemnity

The User agrees to defend, indemnify, and hold harmless the operators, developers, and owners of the Webapp from and against any claims, liabilities, losses, damages, fines, and legal costs arising directly or indirectly out of the User’s failure to perform standard pre-flight due diligence, operational breach of civil aviation regulations, or misuse of the Webapp.

7. Governing law and international jurisdiction

Except where mandatory consumer protection statutes of the User’s domestic jurisdiction dictate otherwise:

  • This disclaimer and any dispute arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales; and
  • The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this disclaimer.