WinterOPS Seasonal Purchase — End-User Licence Agreement & Terms of Use

1. Agreement and Acceptance

These End-User Licence Agreement and Terms of Use (the “Terms”) form a legally binding agreement between the individual end user (“End User”, “you”) and Avimont GmbH (“Avimont”, “we”, “us”) governing the download, installation, purchase, subscription and use of the WinterOPS mobile application (“WinterOPS” or the “App”).

By downloading, installing, purchasing, subscribing to, accessing or using WinterOPS, or by selecting an acceptance control where presented, you acknowledge that you have read, understood and agree to these Terms. If you do not agree, do not use WinterOPS.

If an employer or aircraft operator pays for the App, you remain the individual End User for purposes of the personal licence unless Avimont GmbH has entered into a separate written enterprise or multi-user agreement.

These Terms supplement mandatory terms and usage rules of the store through which WinterOPS is distributed. If a mandatory store rule or mandatory law conflicts with these Terms, that mandatory rule or law prevails to the extent of the conflict.

2. Personal End-User Licence

Subject to these Terms, Avimont GmbH grants the End User a limited, non-exclusive, revocable and non-transferable licence to install and use WinterOPS for the End User’s own professional or private use on compatible devices owned, controlled or personally used by that End User, subject to applicable app-store usage rules.

One licence for one natural person

Each paid entitlement is licensed to one individual natural person (the “Authorized User”). An employer, aircraft operator, training organisation or other entity may purchase, provide or reimburse a licence for an Authorized User, but this does not convert an individual licence into a shared, concurrent, pooled, floating or organisation-wide licence.

Unless Avimont GmbH has expressly agreed to a separate multi-user or enterprise licence, an entitlement may not be shared, pooled, rotated, repeatedly reassigned or otherwise made available for use by multiple individuals. Each individual who uses WinterOPS must have their own valid entitlement.

The Authorized User may use the entitlement on that person’s compatible devices, for example a personally used smartphone and tablet, where supported by the relevant platform. Mandatory Apple App Store, Google Play, Family Sharing, managed-distribution or volume-purchasing rules prevail solely to the extent they cannot lawfully be restricted by these Terms. Such platform rules do not create a general right to organisational pooling of an individual licence.

The End User may not sell, sublicense, rent, lease, lend, commercially distribute, publicly provide, reverse engineer, decompile, disassemble, circumvent technical restrictions or create derivative works from WinterOPS except to the extent such restriction is prohibited by mandatory law.

2A. Application Integrity, Anti-Tampering and Circumvention

The End User must not, except to the extent expressly permitted by mandatory law or with Avimont GmbH’s prior written authorization, alter, manipulate, interfere with, circumvent or attempt to circumvent WinterOPS, its data, its technical safeguards or the standard processes on which the App relies.

Prohibited conduct includes in particular:

• modifying, patching, re-signing, injecting code into, hooking, instrumenting or otherwise altering the App or its runtime behaviour;
• bypassing, defeating or interfering with integrity checks, safety barriers, version checks, mandatory-update mechanisms, licence checks, purchase or subscription entitlement validation, seasonal-expiry or safety-sunset mechanisms, or other technical restrictions;
• manipulating the device, operating system, system state or environment in order to circumvent expiry, update, entitlement, regulatory-cycle, integrity or safety controls;
• altering or substituting App data files, regulatory data, configuration data, stored settings, entitlement information, purchase receipts or tokens, application identifiers, version information or other information used by WinterOPS to determine validity, functionality or safety status;
• using a modified, counterfeit, unofficial or tampered copy of WinterOPS; or
• using WinterOPS for operational purposes on a jailbroken, rooted or otherwise security-compromised device where operating-system protections or the integrity of the App’s execution environment have been bypassed or cannot reasonably be relied upon.

Normal operation of the supported device and operating system is not prohibited. The prohibition concerns intentional manipulation or circumvention of the App’s intended technical, licensing, update, regulatory or safety processes.

Any such manipulation or circumvention constitutes use outside the intended and authorized operating conditions of WinterOPS and may constitute a material breach of these Terms. Avimont GmbH may, where reasonably necessary, refuse operation, restrict safety-critical functionality, suspend or terminate the affected entitlement, or require installation of an untampered and supported version. Any refund rights imposed by mandatory law or the applicable app-store rules remain unaffected.

Safety-critical information or outputs obtained from a manipulated App, manipulated data, falsified device state, unsupported runtime environment or bypassed safety mechanism must not be used for operational decision-making.

3. Seasonal Purchase and Refunds

This version of WinterOPS is sold as a seasonal, non-subscription licence for the applicable winter regulatory cycle identified in the App, icon, store description, purchase screen, release information or related product information. Seasonal editions may be offered as Generic or All Fluids, as described below.

The purchase price is charged once by Apple App Store or Google Play, as applicable. It does not automatically renew. A later WinterOPS seasonal edition is a separate product or entitlement and may require a separate purchase unless Avimont GmbH expressly states otherwise.

Apple or Google processes the payment using the payment method associated with the purchaser’s store account. Avimont GmbH does not receive or store full payment-card details for app-store transactions.

Refunds

Refund requests are generally handled under the applicable Apple App Store or Google Play refund process and policies. Nothing in these Terms excludes any refund, warranty, withdrawal or consumer right that must be provided by mandatory law.

The planned safety sunset described below is an essential, disclosed characteristic of the seasonal product and is not, by itself, a defect or basis for a refund, except where mandatory law or the applicable store’s rules provide otherwise.

3A. Seasonal Product Editions and Fluid Coverage

WinterOPS Seasonal may be offered in two product editions. The edition selected at purchase determines the scope of fluid data and related functionality available to the Authorized User for the applicable winter regulatory cycle.

All Fluids Edition

The All Fluids edition provides the individual de-icing and anti-icing fluid products contained in the applicable regulatory source material supported by WinterOPS for that season.

For purposes of these Terms, “All Fluids” means all individual fluid products contained in the relevant supported regulations and incorporated into the applicable WinterOPS regulatory data set. It does not mean every fluid product that may exist commercially outside those regulations.

Generic Edition

The Generic edition intentionally provides only the four generic SAE fluid categories:

• SAE Type I;
• SAE Type II;
• SAE Type III; and
• SAE Type IV.

The Generic edition does not include the individual named fluid products available in the All Fluids edition. Where an operator procedure, aircraft limitation, fluid manufacturer instruction or applicable regulation requires use of information for a specific named fluid product, the End User must not substitute a generic SAE fluid category unless such use is expressly permitted by the applicable authoritative source and the operator’s approved procedures.

Edition identification and selection

The product name, store listing, purchase screen, App information or other product description will identify whether the purchased seasonal edition is the Generic or All Fluids edition.

Purchasing one edition does not grant access to the additional data or functionality of the other edition unless Avimont GmbH expressly states otherwise. The End User is responsible for selecting an edition that is appropriate for the intended operation and for confirming before operational use that the required fluid information is available in that edition.

3B. Seasonal Regulatory Cycle and Safety Sunset

Winter operations regulations, holdover-time guidance, allowance-time data, fluid information and related source material are periodically replaced or updated. Continuing to provide operational outputs from a superseded regulatory cycle may create an unacceptable safety risk.

Accordingly, after the new applicable winter regulations and associated data are released, Avimont GmbH will place the previous seasonal edition into a safety sunset. The sunset will normally occur approximately one to two months after release or publication of the new applicable regulatory material. There is no guaranteed fixed calendar date. Actual timing may vary depending on publication, correction, completeness, validation, implementation and release status of the new source material.

Functions disabled after the safety sunset

Once the safety sunset takes effect, the superseded seasonal edition will no longer provide or make available:

• Holdover Time outputs;
• Allowance Time outputs;
• fluid information used for winter-operations decision support;
• Application Guidelines; and
• the Snow Visibility Decoder.

Application Guidelines from a superseded seasonal edition must not be used for operational purposes after the safety sunset. WinterOPS may therefore hide, disable or otherwise make those Application Guidelines inaccessible in the superseded edition. The End User must use the Application Guidelines applicable to the current supported regulatory cycle.

Other non-safety-critical parts of the App may remain available, but Avimont GmbH does not guarantee continued functionality of any specific feature in a superseded seasonal edition where restriction is reasonably necessary for safety, security, compatibility or legal compliance.

To regain access to current safety-critical functionality after the previous edition has reached its safety sunset, the End User must obtain the current WinterOPS seasonal edition or another current entitlement offered by Avimont GmbH.

Earlier restriction where required for safety

Avimont GmbH may restrict or disable affected functionality earlier than the normal one-to-two-month transition period if an authority issues an urgent revision, data becomes unreliable or materially incomplete, a safety defect is identified or continued use would otherwise create a reasonable safety or regulatory concern.

Where practicable, the App, store listing, update notes or another reasonable channel will indicate the applicable season and provide notice of the transition to a new regulatory cycle.

4. Operational and Aviation Safety

Operational or cockpit use of WinterOPS is permitted only where the relevant aircraft operator has approved such use and the use complies with the operator’s applicable Electronic Flight Bag (EFB) programme, operating procedures, manuals, training requirements and regulatory approvals.

DSHOT requires separate operator approval. Where the optional DSHOT functionality is enabled in the App settings, its operational or cockpit use is permitted only if the relevant aircraft operator has expressly and specifically approved the use of DSHOT. General approval of WinterOPS does not, by itself, constitute approval of DSHOT. Merely enabling DSHOT in the App settings is not an operational authorization.

The End User must at all times comply with all applicable laws, regulations, approved company procedures, Operations Manuals, Aircraft Flight Manuals, aircraft manufacturer documentation, de-icing/anti-icing programmes, airport procedures and other authoritative operational instructions. If WinterOPS conflicts with an authoritative or operator-approved source, the authoritative or operator-approved source prevails.

The pilot-in-command, flight crew, dispatcher where applicable and aircraft operator remain responsible for operational decisions, including determining whether conditions permit safe operation, whether de-icing or anti-icing is required, whether a holdover time or allowance time is applicable and whether changing weather or contamination conditions require reassessment.

Testing, calculations and source material

Avimont GmbH applies rigorous development, validation, testing, plausibility checks and safety barriers intended to reduce the likelihood and impact of errors. Nevertheless, no software system, data transformation, interpretation, calculation or human process can be guaranteed to be error-free.

For Holdover Times, Allowance Times, Fluid Information, Application Guidelines and Snow Visibility Decoding, WinterOPS currently relies exclusively on official documentation published by the Federal Aviation Administration (FAA) and Transport Canada. As of the effective date of these Terms, WinterOPS does not use unofficial, community-created or commercial third-party tables as source material for those functions.

WinterOPS converts, structures, interprets and, where required, calculates outputs from this official FAA and Transport Canada source documentation. Official source documentation may nevertheless contain errors, omissions, ambiguities, inconsistencies, typographical errors, delayed corrections or later amendments. Avimont GmbH cannot guarantee that official source documentation is complete, internally consistent or error-free, and the presence of information in an official publication does not eliminate the need for the End User and operator to apply the applicable operational procedures and professional judgement.

The End User must verify that the App, applicable regulatory cycle, displayed data version, selected fluid or aircraft-related assumptions, weather inputs and all other relevant inputs are appropriate for the actual operation. The App must not be used where it indicates that relevant data is expired, unavailable, invalid, inconsistent or outside the supported scope.

Holdover times, allowance times, fluid information, decoding functions and similar outputs are only valid within the assumptions, definitions, limitations and conditions applicable to the underlying source material and the operator’s approved procedures. They are not a warranty or guarantee of protection time, aircraft condition or safe continuation of an operation.

No aviation authority, aircraft manufacturer, fluid manufacturer, Apple, Google or other third party sponsors, endorses, certifies or warrants WinterOPS merely because its publications, platform, products or services are referenced or used by the App.

5. Maintenance, Support and Updates

Avimont GmbH is responsible for maintenance and support for WinterOPS to the extent described in these Terms or required by applicable law. Apple and Google have no obligation to provide maintenance or support for WinterOPS.

Avimont GmbH may release updates, corrections, data updates or safety-related changes. Because WinterOPS deals with time-sensitive operational information, Avimont GmbH may require installation of a current App or data version before safety-related functionality can continue to be used. An outdated version may be restricted or disabled where Avimont GmbH reasonably considers this necessary for safety, legal compliance, security or data integrity.

The End User is responsible for using a supported device and operating-system version and for maintaining adequate device power, storage and system integrity. Some purchase validation, restoration, update or data-refresh operations may require network access.

6. Privacy and Entitlement Verification

WinterOPS does not require an Avimont user account solely in order to use the App. Purchases, subscriptions and entitlement restoration may be processed or validated through Apple, Google and purchase-management infrastructure such as RevenueCat.

Personal-data processing is governed by the WinterOPS Privacy Policy made available with the App or through Avimont GmbH’s published privacy information. That Privacy Policy applies in addition to these Terms.

7. Intellectual Property

WinterOPS, including its software, interface, design, original text, graphics, databases, selection and arrangement of content, calculation logic and other original elements, is owned by Avimont GmbH or its licensors and is protected by applicable intellectual-property laws. No ownership rights are transferred to the End User. Rights in official FAA, Transport Canada and other third-party materials remain with their respective rights holders.

8. Warranty Disclaimer

To the maximum extent permitted by applicable law, WinterOPS is provided on an “as is” and “as available” basis. Avimont GmbH does not warrant uninterrupted or error-free operation, uninterrupted availability, compatibility with every device or operating-system version or that every defect will be corrected immediately.

To the maximum extent permitted by applicable law, all warranties not expressly stated in these Terms are excluded, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness or continuous availability. Mandatory statutory warranties and consumer rights remain unaffected.

Where Apple’s minimum EULA terms apply and WinterOPS fails to conform to an applicable warranty that has not been validly disclaimed, the End User may notify Apple and Apple may refund the purchase price for the Licensed Application where applicable. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to WinterOPS. Any other valid warranty claim relating to WinterOPS is the responsibility of Avimont GmbH, not Apple.

9. Limitation of Liability

In particular, Avimont GmbH does not exclude liability for wilful misconduct or gross negligence where such exclusion would be void under Article 100 of the Swiss Code of Obligations, nor any other liability that cannot legally be excluded or limited.

Subject to the preceding paragraph and to the maximum extent permitted by law, Avimont GmbH shall not be liable for loss or damage arising from slight negligence, nor for indirect, incidental, special, consequential, exemplary or punitive damage, loss of profit, loss of revenue, loss of business opportunity, operational disruption, loss of use, loss of data, reputational loss, delay, diversion, cancellation or third-party claims.

Without limiting the operational responsibilities stated above, and subject always to mandatory law, Avimont GmbH is not liable for loss or damage caused by incorrect or incomplete user inputs; use contrary to operator procedures or authoritative documentation; use without required operator approval; use of expired or outdated regulatory data; changing meteorological or contamination conditions; device, operating-system, network, app-store or third-party-service failures; or errors, omissions, ambiguity, delay or later correction in official FAA or Transport Canada source documentation used by WinterOPS.

Where liability cannot be excluded but may lawfully be limited, Avimont GmbH’s total aggregate liability arising out of or relating to WinterOPS shall, to the maximum extent permitted by law, be limited to the amount paid for the affected WinterOPS entitlement during the twelve months immediately preceding the event giving rise to the claim. This limitation does not apply where mandatory law requires higher or unlimited liability.

The limitations in this section apply regardless of the legal basis of the claim, including contract, tort, negligence or statutory liability, to the extent permitted by applicable law.

10. Apple App Store and Google Play

Apple

If WinterOPS is downloaded through the Apple App Store, these Terms are concluded between the End User and Avimont GmbH only, not with Apple Inc. Avimont GmbH, not Apple, is solely responsible for WinterOPS and its content, subject to applicable law.

The Apple licence is limited to a non-transferable licence to use WinterOPS on Apple-branded products that the End User owns or controls, as permitted by the applicable Apple Media Services Usage Rules, including any mandatory rights relating to Family Sharing or volume purchasing.

Avimont GmbH, not Apple, is responsible for addressing valid claims relating to WinterOPS, including product-liability claims, claims that WinterOPS fails to conform to applicable legal or regulatory requirements, consumer-protection or privacy claims and intellectual-property infringement claims. Apple is not responsible for investigation, defence, settlement or discharge of third-party intellectual-property claims concerning WinterOPS.

The End User represents and warrants that the End User is not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country and is not listed on any U.S. Government list of prohibited or restricted parties.

The End User must comply with applicable third-party terms when using WinterOPS, including Apple Media Services Terms and applicable wireless-data, device, operator or employer terms.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms for App Store distributions and may enforce the applicable provisions against the End User.

Google Play

If WinterOPS is obtained through Google Play, the End User must also comply with applicable Google Play terms and policies. Google is not responsible for Avimont GmbH’s maintenance, support, aviation content or operational use of WinterOPS except to the extent expressly required by Google’s terms or applicable law.

11. Suspension and Termination

The licence terminates automatically if the End User materially breaches these Terms. Avimont GmbH may suspend or restrict an entitlement where reasonably necessary to address fraud, unlawful use, unauthorised licence sharing, security concerns, safety concerns, obsolete regulatory data or a material breach.

Where reasonably practicable and consistent with safety and legal obligations, Avimont GmbH will provide notice or an opportunity to remedy a remediable breach before permanent termination. No advance notice is required where immediate action is reasonably necessary for safety, security, legal compliance, fraud prevention or protection of the integrity of WinterOPS.

12. Governing Law and Jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the substantive laws of Switzerland, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods to the extent applicable.

Subject to mandatory jurisdiction and consumer-protection rules, the competent courts at the registered seat of Avimont GmbH in Switzerland shall have exclusive jurisdiction. Nothing in this clause deprives a consumer of a mandatory right to bring proceedings in another competent court.

13. Changes and General Provisions

Avimont GmbH may update these Terms to reflect changes to WinterOPS, platform rules, legal requirements, safety requirements or business practices. Material changes will be communicated through the App, store listing, website or another reasonable channel where required. Where applicable law requires consent to a material change, the revised Terms will apply only after the required consent has been obtained.

If any provision is invalid or unenforceable, it will be applied to the maximum extent permitted by law and the remaining provisions will continue in effect. A failure or delay in exercising a right is not a waiver.

The End User may not assign or transfer these Terms or the individual licence except as permitted by applicable platform rules or with Avimont GmbH’s prior written consent. Avimont GmbH may transfer these Terms as part of a merger, reorganisation, sale of the relevant business or similar transaction, subject to applicable law.

These Terms, together with applicable purchase terms displayed by Apple or Google and the WinterOPS Privacy Policy, constitute the agreement governing the End User’s use of WinterOPS unless a separate written agreement with Avimont GmbH expressly applies.

14. Contact

Questions, complaints, support requests and claims relating to WinterOPS should be directed to:

Avimont GmbH
Im Schalmenacker 9
8234 Stetten SH
Switzerland
Email: support@avimont.ch
Telephone: [TELEPHONE NUMBER]