Rotorcast terms of use

1. This agreement

These terms are an agreement between you and Mirentha Ltd ("Mirentha", "we", "us"), a company incorporated in England and Wales (company number 17207914) with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. They cover your use of the Rotorcast app for iPhone and its widgets ("Rotorcast").

This agreement is between you and Mirentha only, and not with Apple Inc. ("Apple"). Mirentha, not Apple, is solely responsible for Rotorcast and its content. By downloading or using Rotorcast you agree to these terms. If you don't agree, don't use Rotorcast.

2. Your licence

Mirentha gives you a non-transferable licence to use Rotorcast on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/). Rotorcast may also be used by other accounts associated with you through Family Sharing or volume purchasing where Apple's rules allow it. Rotorcast Plus is not shared through Family Sharing.

You may not copy, modify, distribute, sell or lend Rotorcast, or reverse engineer or try to extract its source code, except as the law allows. Mirentha keeps all rights in Rotorcast that these terms don't expressly give you.

3. Price and Rotorcast Plus

Rotorcast is free to download. Without a subscription you can use one spot and one drone, see the next 24 hours of forecast, with Kp and daylight, and use the pre-flight checklist and its history, with no time limit.

Rotorcast Plus is an auto-renewable subscription, sold through Apple's App Store in two plans:

• Rotorcast Plus Monthly: £1.99 a month.
• Rotorcast Plus Annual: £12.99 a year.

These are UK prices. In other countries Apple sets the equivalent price, which the App Store shows before you buy. Both plans include the same things: the full ten days of forecast, unlimited spots and drones, the Home Screen and Lock Screen widgets, and the 07:00 notification.

New subscribers get a 7-day free trial. Apple gives the trial once per Apple Account for the Rotorcast Plus subscription group. If you buy a subscription during a free trial, any unused part of the trial is forfeited.

Payment is charged to your Apple Account when you confirm the purchase, or, if you start with a free trial, when the trial ends. The subscription renews automatically unless it is cancelled at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within the 24 hours before the end of the current period. You can manage or cancel the subscription in your Apple Account settings (on iPhone, Settings › your name › Subscriptions), or from Rotorcast's Settings › Manage subscription. Cancelling stops the next renewal; you keep Rotorcast Plus until the end of the period you've paid for.

If your subscription ends, Rotorcast goes back to the free features. Nothing you've saved is deleted: extra spots and drones stay in the app, and come back into use if you subscribe again. You can restore a subscription on a new or reset iPhone with Settings › Restore Purchases.

Purchases are handled by Apple, and refunds are given by Apple under its own policies. To ask for one, go to reportaproblem.apple.com.

4. Maintenance and support

Mirentha is solely responsible for providing any maintenance and support for Rotorcast, as described on the Rotorcast support page (https://mirentha.com/apps/rotorcast/support/) or as required by law. Apple has no obligation whatsoever to provide any maintenance or support services for Rotorcast.

5. Warranty

Mirentha is solely responsible for any product warranties, whether express or implied by law, to the extent they have not been effectively disclaimed. If Rotorcast fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for Rotorcast to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to Rotorcast, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Mirentha's sole responsibility.

Nothing in these terms affects your statutory rights as a consumer under UK law, including your rights under the Consumer Rights Act 2015 for digital content.

6. Product claims

Mirentha, not Apple, is responsible for addressing any claims by you or any third party relating to Rotorcast or your possession and use of it, including: (a) product liability claims; (b) any claim that Rotorcast fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

7. Intellectual property

If a third party claims that Rotorcast, or your possession and use of it, infringes that third party's intellectual property rights, Mirentha, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that intellectual property infringement claim.

8. Legal compliance

You represent and warrant that (a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (b) you are not listed on any US Government list of prohibited or restricted parties.

9. Third-party terms

You must comply with any applicable third-party terms when using Rotorcast, such as your wireless data service agreement. Weather data in Rotorcast comes from Apple Weather, and its data sources and legal information are linked from the app (https://weatherkit.apple.com/legal-attribution.html). The Kp forecast comes from the US National Oceanic and Atmospheric Administration's Space Weather Prediction Center.

10. Third-party beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.

11. What Rotorcast is, and what it isn't

Rotorcast compares weather forecasts with limits you set for your drone. Please use it with that in mind:

• Forecasts are estimates, and the weather can turn out differently. Wind and gusts at your flying height are estimated from Apple Weather's forecast, which Rotorcast treats as the standard forecast for 10 metres above the ground, and an hour with no gust forecast uses an estimated gust. Data from Apple Weather and NOAA can be late, wrong or unavailable, and offline Rotorcast shows the last forecast it fetched.
• Go means an hour's forecast is inside the limits you set. It is not a statement that a flight is safe, legal or permitted.
• Rotorcast holds no airspace data. It doesn't check airspace, flight restrictions, notices to aviation or the law, and the links in its checklist only open official sources such as the CAA's Drone Code and NATS AIS.
• The weight-class presets are cautious starting points, not any maker's figures. Setting limits that suit your drone is up to you.
• You are responsible for the decision to fly, for following the law and your drone maker's instructions, and for checking conditions on site.
• You are responsible for what you enter in the app, such as spot names and checklist items.

12. Our liability to you

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but not for loss or damage that is not foreseeable. Rotorcast is for personal use, and we are not liable for any business losses. Because Rotorcast gives estimates and the decision to fly is yours, we are not responsible, to the extent the law allows, for loss or damage arising from a flight or a decision to fly, including damage to a drone or other property.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited under the laws of England and Wales.

13. Ending this licence

You can stop using Rotorcast at any time by deleting it. If you break these terms, your licence ends automatically. Ending the licence doesn't affect any subscription you've bought, which you manage through Apple as section 3 describes.

14. Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction over any dispute about them. If you live in Scotland or Northern Ireland, you can also bring proceedings in your own courts.

15. Contact

Questions, complaints and claims about Rotorcast go to Mirentha Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, or by email to [email protected]. Our privacy policy for Rotorcast is at https://mirentha.com/apps/rotorcast/privacy/.

16. Changes to these terms

We may update these terms, for example when Rotorcast changes. The current version is at https://mirentha.com/apps/rotorcast/terms/, with the date it was last updated at its top.