Holdover Pro: Safety Disclaimer, Terms of Use and Release of Liability

READ THIS AGREEMENT CAREFULLY BEFORE USING HOLDOVER PRO. IT CONTAINS A SAFETY DISCLAIMER, A DISCLAIMER OF ALL WARRANTIES, AN ASSUMPTION OF RISK, A RELEASE OF CLAIMS (INCLUDING CLAIMS BASED ON NEGLIGENCE), AN INDEMNITY, A LIMITATION OF LIABILITY, AND A BINDING INDIVIDUAL ARBITRATION PROVISION WITH A CLASS ACTION AND JURY TRIAL WAIVER (SECTION 17). BY SELECTING "I AGREE", OR BY INSTALLING, OPENING OR USING THE APP, YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1. The parties and this agreement

This agreement is between you and KármánLogs LLC, a Florida limited liability company ("KármánLogs", "we", "us"), which publishes the Holdover Pro application, its widgets, notifications and related content (the "App").

If you use the App for, or on behalf of, an airline, air carrier, charter operator, flight department, aircraft owner, de-icing provider or any other organization (an "Operator"), you represent that you are authorized to accept this agreement for that Operator, and "you" includes that Operator.

Your electronic acceptance has the same force as a handwritten signature. The App records the version of this agreement you accepted and the date and time of acceptance.

2. Who may use the App

The App is intended only for trained aviation professionals: certificated pilots, flight crew members, flight dispatchers, and ground de-icing and anti-icing personnel who have completed ground de-icing and anti-icing training under an applicable program, and who are familiar with the holdover time guidelines and guidance that apply to their operation: the FAA Holdover Time Guidelines, FAA Advisory Circular 120-60 (current revision) and the related FAA notices, or the Transport Canada Holdover Time (HOT) Guidelines and TP 14052 (Guidelines for Aircraft Ground Icing Operations).

The App is not intended for, and must not be relied on by, untrained persons, student pilots acting without the supervision of a qualified instructor, or anyone who is not qualified to make aircraft ground icing decisions.

3. What the App is, and what it is not

The App is a convenience reference. It displays holdover time information reproduced from the publicly available FAA Holdover Time Guidelines and Transport Canada Holdover Time (HOT) Guidelines, looks up a table value from the inputs it is given, and provides a countdown timer and generic checklists.

The App is NOT:

• approved, certified, accepted, authorized or endorsed by the Federal Aviation Administration, Transport Canada, EASA or any other aviation authority;
• approved or endorsed by any aircraft, engine or fluid manufacturer, by SAE International, or by the organizations that produce holdover time data;
• part of any Operator's approved ground de-icing or anti-icing program, unless that Operator has itself evaluated and approved it for that use;
• an approved electronic flight bag application, a certified avionics function, or a source of operational control;
• a substitute for the official FAA or Transport Canada Holdover Time Guidelines, your Operator's approved program and procedures, the aircraft flight manual, aircraft and fluid manufacturer instructions, required training, or the judgment of the pilot in command.

NOTHING IN THE APP EVER AUTHORIZES A TAKEOFF. No person may take off an aircraft with frost, ice or snow adhering to its wings, control surfaces, propellers or other critical surfaces. The decision to take off rests solely with the pilot in command, after the pre-takeoff check or pre-takeoff contamination check required by the applicable regulations and the Operator's program.

4. Holdover times are estimates, not guarantees

Holdover times are estimates of the time a de-icing or anti-icing fluid is expected to prevent the formation of frost or ice and the accumulation of snow on treated surfaces under specific test conditions. Actual protection time can be much shorter. It is reduced by, among other things, heavy precipitation rates, high moisture content, high wind, jet blast, blowing snow, aircraft skin temperatures lower than the outside air temperature, improper fluid concentration, application or storage, and fluid degradation.

A holdover time that has not expired does not mean the aircraft is free of contamination. A holdover time that has expired does not, by itself, mean that it is. When the App shows a range, the lower value applies to heavier precipitation within the category. When the App shows "No holdover time", no holdover time guidelines exist for those conditions.

5. The App can be wrong

You acknowledge that information in the App can be wrong, incomplete, out of date or unavailable, for reasons that include the following:

• The holdover tables were transcribed into the App by software from FAA and Transport Canada publications. Transcription, formatting or programming errors, omissions and corruption are possible.
• The FAA and Transport Canada may revise, correct, replace or withdraw holdover time tables at any time, including during a winter season. The App may not reflect the current revision. The App may download revised tables; a download can be delayed, fail, or not be offered at all.
• The FAA and Transport Canada tables differ. The App uses the set chosen for each aircraft (by default from its registration), which may not be the set your Operator's approved program requires.
• Weather information (for example METAR, SPECI and digital ATIS) comes from third-party sources. It can be wrong, delayed, missing, for a different location or time, or misread by the App. Reported conditions may differ from the conditions at your aircraft.
• The App automatically decides the precipitation type and intensity, the snowfall intensity from visibility, day or night, the temperature band, the table column and row, the lowest operational use temperature (LOUT) and the applicable allowance time. Any of these automated decisions can be wrong.
• Aircraft information, including information prefilled from the FAA aircraft registry or from built-in aircraft data (for example surface material, rotation speed and test category), fluid, dilution and other settings may be wrong, whether entered by you or prefilled by the App.
• The App cannot see the aircraft, the fluid, the application or the actual weather.

YOU MUST VERIFY EVERY HOLDOVER TIME, TABLE, ROW, COLUMN, FLUID ENTRY, LOUT AND WEATHER INPUT AGAINST THE OFFICIAL, CURRENT HOLDOVER TIME GUIDELINES REQUIRED BY YOUR OPERATOR'S APPROVED PROGRAM (FAA OR TRANSPORT CANADA) AND YOUR OPERATOR'S APPROVED PROCEDURES BEFORE RELYING ON IT. CONFIRM THE AUTHORITY (FAA OR TRANSPORT CANADA), SEASON AND REVISION SHOWN IN THE APP BEFORE EACH USE. IF THERE IS ANY DIFFERENCE OR ANY DOUBT, USE THE OFFICIAL PUBLICATION, APPLY THE MOST CONSERVATIVE VALUE, AND DO NOT TAKE OFF WHEN IN DOUBT.

6. Timers, alarms, notifications, location and airborne detection

The countdown timer, alerts, alarms, Live Activities, notifications, conditions monitoring and airborne detection may be delayed, silenced or fail entirely, for example because of device settings, silent mode, Focus modes, notification permissions, low battery, loss of power, the operating system stopping the App, a device restart, a change of the device clock, lack of network access, a software defect or a hardware fault. The countdown starts from the time you enter, which may be wrong.

You must track the start of the final fluid application and the holdover time independently, by a reliable means required by your Operator's procedures. Never depend on the App to alert you.

Airborne detection uses GPS and barometric data and is approximate. It can report that the aircraft is airborne when it is not, or that it is not when it is. It must never be used for any operational decision.

7. Checklists and guidance text

Checklists, prompts and guidance text in the App are generic. They are not approved for any Operator or aircraft and may not match your aircraft, your Operator's procedures or current regulations. Operator-specific items you enter are your sole responsibility. If there is a conflict, your Operator's approved procedures, the aircraft flight manual and the applicable regulations always prevail.

8. Your responsibilities

You agree that:

• the pilot in command is directly responsible for, and is the final authority as to, the operation of the aircraft;
• you will comply with all applicable laws and regulations, your Operator's approved program and procedures, the aircraft flight manual, and aircraft and fluid manufacturer instructions;
• you will select, for each aircraft, the holdover tables (FAA or Transport Canada) required by your Operator's approved program;
• you will obtain weather information from official sources and verify every value in the App before relying on it;
• you will use the App only as a supplementary reference, and never as the sole or primary source of holdover time information;
• you will not use the App in a way that distracts you from your duties, including during taxi or other critical phases of operation; and
• you are solely responsible for every decision you make, and for every consequence of any flight, taxi, delay, de-icing, or failure to de-ice.

9. Assumption of risk

Operating aircraft in ground icing conditions is inherently hazardous and can result in loss of control, serious bodily injury, death and destruction of property. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ARISING FROM OR RELATED TO YOUR USE OF, RELIANCE ON, OR INABILITY TO USE THE APP, INCLUDING ANY ERROR, OMISSION, DELAY OR FAILURE OF THE APP OR ITS DATA.

10. No warranties

THE APP, ITS DATA AND ALL CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMITTED BY LAW, KÁRMÁNLOGS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AVAILABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. KÁRMÁNLOGS DOES NOT WARRANT THAT THE APP OR ITS DATA ARE ERROR-FREE, CURRENT, OR SUITABLE FOR ANY OPERATION, OR THAT ANY TIMER, ALARM OR NOTIFICATION WILL OPERATE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

11. Release

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, FOR YOURSELF AND FOR YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, INSURERS AND ANY OPERATOR ON WHOSE BEHALF YOU ACT, RELEASE, WAIVE AND FOREVER DISCHARGE KÁRMÁNLOGS LLC AND ITS MEMBERS, MANAGERS, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS (THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND LIABILITIES OF EVERY KIND, INCLUDING CLAIMS FOR BODILY INJURY, DEATH, PROPERTY DAMAGE, AIRCRAFT DAMAGE OR LOSS OF USE, ARISING FROM OR RELATED TO THE APP OR YOUR USE OF IT, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law of any other jurisdiction.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR BODILY INJURY, DEATH, PROPERTY OR AIRCRAFT DAMAGE, LOSS OF USE, DELAY, CANCELLATION, FINES, PENALTIES, REGULATORY OR CERTIFICATE ACTION, LOSS OF PROFITS, REVENUE, BUSINESS OR DATA, OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, STATUTE OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY US DOLLARS (US $50) IF YOU PAID NOTHING. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND KÁRMÁNLOGS.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the liability of the Released Parties is limited to the smallest amount permitted by law.

13. Indemnification

You, and any Operator on whose behalf you use the App, will defend, indemnify and hold harmless the Released Parties from and against any and all claims, demands, suits, losses, damages, liabilities, fines, penalties, costs and expenses (including reasonable attorneys' fees and costs, and including claims by passengers, crew members, aircraft owners, lessors, Operators, insurers by way of subrogation, and government authorities) arising from or related to: (a) your use of, reliance on, or inability to use the App; (b) any flight, taxi, de-icing, delay or other operation connected with your use of the App; (c) your breach of this agreement; or (d) your violation of any law, regulation or third-party right.

14. Operators

An Operator that permits its personnel to use the App is solely responsible for deciding whether, and how, the App may be used within its approved programs, for obtaining any required regulatory approval or acceptance, and for training its personnel. KármánLogs makes no representation that the App satisfies any regulatory requirement for any Operator.

15. Third-party data and services

The App relies on data and services that KármánLogs does not control, including FAA and Transport Canada publications, weather and ATIS providers, airport databases, the FAA aircraft registry, and Apple's platforms and services. KármánLogs is not responsible for the accuracy, availability or content of any third-party data or service, and does not endorse it.

16. Data currency and changes to the App

The holdover tables in the App apply only to the season and revision stated in the App. KármánLogs has no obligation to update the App or its data, to notify you of any FAA or Transport Canada revision, to download any revision, or to keep any feature available. The App may stop showing holdover times when its data is out of date. KármánLogs may change, suspend or discontinue the App at any time.

17. Dispute resolution: binding individual arbitration and class action waiver

Informal resolution. Before starting any proceeding, you agree to send a written description of your claim to support@karmanlogs.com and to try in good faith to resolve it for at least sixty (60) days.

Arbitration. Except for claims that qualify for small claims court, any dispute, claim or controversy arising from or related to the App or this agreement, including its formation, scope and enforceability, will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, seated in Miami-Dade County, Florida. The Federal Arbitration Act (9 U.S.C. § 1 and following) governs this Section 17.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND KÁRMÁNLOGS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

Opt-out. You may opt out of arbitration by emailing support@karmanlogs.com, with the subject line "Arbitration Opt-Out" and your name, within thirty (30) days after you first accept this agreement.

Courts. If you opt out, or if this Section 17 is found unenforceable for a claim, that claim will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to their personal jurisdiction. The jury trial waiver above still applies to the fullest extent permitted by law.

Time limit. To the fullest extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.

18. Governing law

This agreement is governed by the laws of the State of Florida and applicable United States federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Apple

This agreement is between you and KármánLogs only, not Apple. Apple is not responsible for the App or its content, has no obligation to provide maintenance or support for it, and is not responsible for any claim relating to it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, consumer protection claims, and intellectual property infringement claims. If the App fails to conform to an applicable warranty that cannot be disclaimed, you may notify Apple, and Apple may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you. You represent that you are not located in a country subject to a U.S. Government embargo or listed on any U.S. Government list of prohibited or restricted parties.

20. Subscriptions and privacy

Subscriptions are sold and billed by Apple under Apple's terms. Refunds are handled by Apple. The App processes your location and motion data on your device to choose the nearest airport and to estimate whether the aircraft is airborne; it also contacts the KármánLogs website to check for revised holdover tables. Its handling of data is described in the privacy policy published with the App.

21. Changes to this agreement

KármánLogs may update this agreement. The App will ask you to accept a new version before you can continue to use it. If you do not accept a new version, you must stop using the App.

22. General

If any provision of this agreement is held invalid or unenforceable, it will be enforced to the maximum extent permitted and reformed to the minimum extent necessary, and the remaining provisions remain in full force. Sections 3 through 20 survive any termination. This agreement is the entire agreement between you and KármánLogs about the App and supersedes all prior statements, including any statement in marketing material or the App Store. KármánLogs' failure to enforce a provision is not a waiver. You may not assign this agreement; KármánLogs may assign it. Headings are for convenience only. The English version controls.

23. Contact

KármánLogs LLC · 9701 NE 2nd Ave #2174, Miami Shores, FL 33138, United States · support@karmanlogs.com