Terms of Use

1. Acceptance and eligibility #

These Terms of Use (“Terms”) are between you and One Thirteen (“Operator,” “we,” “us,” or “our”), located in the United States. By downloading, accessing, purchasing, or using Flyby, you agree to these Terms. If you do not agree, do not use Flyby.

You must be at least 13 to use Flyby. If you have not reached the age of legal majority where you live, you may use Flyby only with permission from a parent or guardian.

You may use Flyby only if you are legally permitted to use the app and operate drones where you live and fly. Flyby does not make you eligible or legally qualified to operate an aircraft.

2. Relationship to Apple’s Standard EULA #

The license for the Flyby application is governed by Apple’s Standard Licensed Application End User License Agreement (“Standard EULA”), which is incorporated into these Terms.

These Terms supplement the Standard EULA and govern Flyby-specific features, subscriptions, purchases, information, and services. If there is an unavoidable conflict, the Standard EULA controls the application license, these Terms control the Flyby-specific subject matter to the extent permitted, and non-waivable applicable law controls in all cases.

3. Limited license and acceptable use #

Subject to the Standard EULA and these Terms, you may use Flyby for your personal, lawful, non-transferable use.

You may not:

• Misuse Flyby or interfere with the app, its services, or its providers.
• Evade, disable, or circumvent purchase, entitlement, access, or security controls.
• Use Flyby for unlawful activity or to facilitate reckless or unlawful drone operation.
• Attempt to gain unauthorized access to Flyby systems or third-party services.
• Reverse engineer, decompile, or disassemble Flyby except where applicable law expressly permits that activity despite this restriction.

4. Aviation and safety responsibilities #

Fly Scores and Go, Caution, or No-Go recommendations are advisory opinions, not guarantees. Weather, airspace, maps, forecasts, alerts, solar or Kp conditions, and launch information may be incomplete, delayed, unavailable, or inaccurate.

Before and during every flight, you are solely responsible for checking current official aviation sources, current weather, airspace restrictions, Temporary Flight Restrictions (TFRs), Notices to Air Missions (NOTAMs), local laws, operating limitations, equipment condition, and all required authorizations.

You remain responsible for maintaining visual awareness, safely controlling your aircraft, evaluating the environment, and stopping or changing a flight when conditions require it. No Flyby alert or notification should be treated as safety-critical.

Flyby does not control an aircraft and does not guarantee that any flight is safe or legal.

5. FAA and LAANC information #

FAA facility-map grid ceilings are authorization thresholds; they are not permission to fly. Flyby does not issue, approve, or submit LAANC authorizations.

When authorization is required, you must complete it through an FAA-approved provider and comply with the resulting authorization. The presence or availability of a provider link does not mean that Flyby or the FAA endorses that provider for your needs, and it does not guarantee approval.

6. Free-flight simulation #

Flyby’s 3D free-flight experience is a simulation and entertainment feature. It is not professional pilot training, certification, aircraft-control software, or a representation of exact real-world aircraft behavior or performance. Simulation progress and scores do not demonstrate legal or practical qualification to operate a real aircraft.

7. User-provided content and records #

You retain ownership of flight logs, GPX files, aircraft information, and other records you provide to Flyby. You give Flyby only the limited permission needed to process that information locally and provide the functionality you request.

You are responsible for the accuracy of your records and for having the right to import or use any file or information you provide. Do not import material that violates another person’s rights or applicable law.

8. Flyby Pass and in-app purchases #

Flyby Pass is available through the following United States App Store launch offerings:

• A monthly auto-renewing subscription for $3.99 per month.
• An annual auto-renewing subscription for $29.99 per year.
• A one-time lifetime, non-consumable purchase for $79.99.

The current price, billing period, and included features are shown before purchase and may vary by region. Payments are processed by Apple. We do not receive your payment-card information.

Auto-renewing subscriptions renew unless you cancel through Apple within Apple’s required cancellation period. You can manage or cancel a subscription through your Apple account. Deleting Flyby does not cancel a subscription, and the Operator cannot cancel an Apple subscription on your behalf.

You can use Restore Purchases for eligible purchases. Refund requests are handled by Apple under Apple’s policies and applicable law.

A lifetime purchase is a one-time, non-consumable purchase. It does not auto-renew and is not a recurring subscription.

These Terms do not promise a free trial. If Apple displays a trial or promotional offer before purchase, the terms shown with that offer apply.

9. Third-party services #

Flyby relies on or connects to third-party services, including Apple platform services, RevenueCat, TelemetryDeck, FAA and NOAA data services, optional Game Center features, external map or search results, and LAANC providers.

Third-party services may be unavailable, delayed, changed, or inaccurate for reasons outside Flyby’s control. Their own terms and privacy policies may apply when you access them. A link, search result, data source, or integration does not necessarily mean that Flyby endorses a third party or guarantees its services.

10. Service changes and availability #

Flyby’s features, data sources, device compatibility, and presentation may change as the product, operating systems, regulations, and providers evolve. Flyby may experience maintenance, outages, and provider interruptions.

We do not promise uninterrupted or permanent availability of every feature or data source. Paid access will be handled consistently with your purchased entitlement, the disclosures shown at purchase, and applicable consumer law.

11. Intellectual property #

The Flyby app, design, branding, software, and original content belong to One Thirteen or its licensors and are protected by applicable intellectual-property laws.

Apple, the FAA, NOAA, map providers, data providers, and other third parties retain ownership of their respective marks, content, software, and information. Nothing in these Terms transfers those rights to you or transfers ownership of your user-provided records to us.

12. Feedback #

You may voluntarily send suggestions, ideas, or other feedback about Flyby. You keep ownership of your feedback, but you give us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and incorporate that feedback to develop, improve, support, and promote Flyby. This permission does not apply to unrelated user content such as your flight logs or GPX files.

13. Suspension and termination #

We may restrict access to network-connected Flyby features when reasonably necessary to address material misuse, protect the service or others, or comply with law. You may stop using Flyby at any time.

Removing Flyby does not cancel an Apple subscription. You must manage or cancel subscriptions through your Apple account.

Provisions that by their nature should continue after use ends will survive, including provisions about intellectual property, user ownership, feedback permissions, disclaimers, limits of liability, governing law, disputes, and the agreement structure.

14. Disclaimers and limitation of liability #

To the extent permitted by law, Flyby and its services are provided “as is” and “as available.” We do not guarantee flight safety or legality, authorization approval, weather or airspace accuracy, map or forecast completeness, alert delivery, provider availability, or fitness for a particular flight or purpose.

You are responsible for decisions made using Flyby and for independently checking official, current sources before and during flight. Flyby is not responsible for the operation, loss, damage, or recovery of an aircraft.

To the extent permitted by law, the Operator and its licensors and service providers are not liable for indirect, incidental, special, consequential, or similar losses arising from use of or inability to use Flyby. Any limitation applies only as far as applicable law and the Standard EULA permit.

Nothing in these Terms excludes, limits, or waives a warranty, remedy, liability, or other consumer right that cannot lawfully be excluded, limited, or waived.

15. Governing law and disputes #

These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws rules, except where applicable law requires otherwise. The state and federal courts located in Delaware will have non-exclusive jurisdiction over disputes arising from these Terms.

These Terms do not create a mandatory arbitration requirement, jury waiver, class-action waiver, or special dispute deadline.

16. Changes, severability, entire agreement, and contact #

We may update these Terms as Flyby, its services, purchases, or applicable requirements change. We will post revised Terms and update the “Last updated” date. If a change materially affects your use, we will provide additional notice in the app or through another appropriate channel when required. Revised Terms take effect on the stated effective date, subject to applicable law.

If a provision of these Terms is found unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue to apply.

The Standard EULA, these Terms, any purchase or offer terms shown by Apple, and documents expressly incorporated into them form the agreement governing Flyby. The Flyby Privacy Policy explains information handling but is not a replacement for these Terms.