Terms of Conditions

1. Acceptance of Terms

By accessing or using the Comms App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the App.

These Terms constitute a legally binding agreement between you and Comms App. Your continued use of the App constitutes acceptance of any updates to these Terms.

2. Description of Service

Comms App is a mobile application designed to provide aviation communication training through interactive simulations. The Service includes:

• Interactive radio communication simulations
• Speech recognition and feedback systems
• Progress tracking and completion records
• User profiles with callsign and experience level management
• Optional transcript storage for review purposes
• In-app purchase functionality for premium features

3. User Accounts and Registration

To use certain features of the App, you must create an account by providing:

• A valid email address
• A secure password
• Profile information including callsign and experience level

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and up-to-date information
• Notifying us immediately of any unauthorized use of your account

4. User Conduct and Responsibilities

When using the App, you agree to:

• Use the Service only for lawful purposes and in accordance with these Terms
• Provide accurate information when creating profiles or using features
• Respect the educational nature of the aviation training content
• Use appropriate language during speech recognition exercises
• Not attempt to circumvent or manipulate the App's functionality

5. Intellectual Property Rights

All content, features, and functionality of the App, including but not limited to:

• Text, graphics, logos, and images
• Software code and algorithms
• Training scenarios and simulations
• Audio content and speech recognition systems
• User interface design and layout

Are owned by Comms App or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

6. In-App Purchases and Payments

The App may offer in-app purchases for premium features or content. By making a purchase, you agree that:

• All purchases are processed through the Apple App Store
• We do not receive your full payment card details
• Purchases are subject to the Apple App Store's terms and conditions
• All sales are final unless otherwise required by law
• Prices may change at any time without notice

For refund requests, please contact the Apple App Store as they handle all transaction processing.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points regarding data handling:

• We use speech recognition for training purposes but do not store raw audio
• Optional transcripts may be saved with your completion records
• You can reset your progress and delete transcripts through the App settings
• We do not use third-party analytics or advertising SDKs

8. Marketing Communications

By creating an account and providing your email address, you consent to receive marketing communications from us, including:

• Newsletters and updates about our services
• Promotional content and special offers
• Information about new features and app updates
• Advertising for related aviation training products and services
• Educational content and aviation industry news

You can opt-out of these marketing communications at any time by:

• Clicking the unsubscribe link in any marketing email
• Contacting us at support@pilotcommsapp.com
• Using the unsubscribe preferences in your account settings (if available)

Please note that even if you opt-out of marketing communications, we may still send you important service-related messages, such as account notifications, security alerts, and updates to these Terms or our Privacy Policy.

9. Service Availability and Modifications

We strive to provide reliable service, but we cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Maintenance or updates
• Technical difficulties
• Third-party service interruptions
• Circumstances beyond our control

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

10. Prohibited Uses

You may not use the App to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the App's functionality
• Use automated systems or bots to access the Service
• Reverse engineer, decompile, or disassemble the App
• Use the Service for commercial purposes without authorization

11. Disclaimers and Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, completeness, or reliability of content
• Uninterrupted or error-free operation

12. Limitation of Liability

To the maximum extent permitted by law, Comms App shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or use
• Business interruption
• Personal injury or property damage
• Loss of privacy or security breaches

Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid us in the twelve months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Comms App and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through the Service

14. Termination

Either party may terminate this agreement at any time:

• You may stop using the App and delete your account
• We may suspend or terminate your access for violations of these Terms
• We may discontinue the Service with reasonable notice

Upon termination, your right to use the App ceases immediately. Provisions regarding intellectual property, disclaimers, and limitation of liability shall survive termination.

15. Third-Party Services

The App integrates with third-party services, including:

• Supabase: Authentication, database, and storage services
• Speech Recognition: iOS system services (Apple)
• Apple App Store: App downloads and purchases
• External Links: Community links (e.g., Discord) and other external resources

These third-party services have their own terms of service and privacy policies. We are not responsible for the availability, content, or practices of third-party services.

16. Age Requirements

The App is not intended for children under 13 years of age (or under 16 in jurisdictions where applicable). By using the App, you represent that you meet the minimum age requirements. If we learn that we have collected personal information from a child under the applicable age, we will delete such information promptly.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where KHV Digital LLC is established, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved in the appropriate courts of that jurisdiction.

18. Changes to Terms

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or Service features. When we make material changes, we will:

• Notify you through the App or by email
• Update the effective date at the top of these Terms
• Provide reasonable notice before changes take effect

Your continued use of the App after changes become effective constitutes acceptance of the updated Terms.

19. Contact Information