1. Agreement
These Terms of Service ("Terms") are a binding legal agreement between you ("User," "you") and HeliHazard, Inc., a Wyoming corporation ("HeliHazard," "we," "us"). They govern your access to and use of the HeliHazard mobile application, website, APIs, and all related services (collectively, the "Service").
By downloading, installing, creating an account for, or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms in full. If you do not agree, you must immediately stop using the Service and delete the application. If you are acting on behalf of an organization, you represent that you have authority to bind that organization.
2. Description of Service
HeliHazard provides a mobile application that enhances situational awareness for helicopter pilots by displaying nearby obstacles (power lines, towers, masts, cranes, and other structures), generating proximity alerts, displaying aviation weather data, and showing ADS-B traffic. The Service also collects anonymized flight data from consenting users to support safety research and commercial development.
The Service is expressly NOT:
- Certified avionics or navigation equipment under any aviation authority standard
- A substitute for visual scanning, situational awareness, or pilot-in-command judgment
- A guarantee of obstacle data completeness, accuracy, or currency
- A real-time air traffic control service
- A weather service for flight planning purposes
- Approved for instrument flight operations
Obstacle data is sourced from OpenStreetMap, FAA databases, and other third-party sources. These sources may be incomplete, outdated, or inaccurate. Obstacles may exist that are not reflected in the Service. Always maintain visual separation from terrain and obstacles regardless of what the Service displays.
3. Eligibility & User Responsibilities
3.1 Age
You must be at least 17 years of age to use the Service.
3.2 Pilot in Command
The pilot in command (PIC) bears sole, non-delegable responsibility for the safe conduct of every flight. Nothing in the Service relieves any pilot of their legal or regulatory obligations. You agree to:
- Comply with all applicable Federal Aviation Regulations (FARs), foreign equivalents, and airspace rules
- Maintain continuous visual scanning for obstacles, terrain, and other aircraft regardless of what the Service displays
- Use the Service as supplemental situational awareness only — never as a primary navigation or obstacle avoidance system
- Operate the Service in a manner that does not distract from safe flight operations
- Hold all required certifications, ratings, and medical certificates
3.3 Account Security
You are responsible for all activity under your account. Notify us immediately at security@helihazard.com if you suspect unauthorized access.
4. Data Collection, License & Commercial Use
4.1 Consent-Based Collection
When you first use the Service, you will be presented with a clear opt-in screen describing the categories of flight data we collect. Data collection begins only upon your affirmative consent. You may withdraw consent at any time by toggling the data contribution setting off in app Settings.
4.2 Anonymization
All flight data collected through the Service is linked solely to a randomly generated device identifier (UUID) that is not connected to your name, email address, Apple ID, or any other personally identifiable information. HeliHazard does not link your flight telemetry to your identity.
4.3 Data License Grant
By enabling data contribution and using the Service, you grant HeliHazard, Inc. a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, transferable license to collect, store, reproduce, process, analyze, aggregate, anonymize, create derivative works from, publish, and commercially exploit your Contributed Data for any lawful purpose, including without limitation:
- Improving the accuracy, features, and performance of the Service
- Aviation safety research, analysis, and publication
- Training, validating, and operating machine learning and artificial intelligence models
- Licensing Contributed Data or derivative datasets to third parties, including corporations, government agencies, research institutions, insurers, aviation technology companies, and other commercial or non-commercial organizations
- Creating aggregated statistical analyses and reports
- Any other lawful commercial or non-commercial purpose
"Contributed Data" means anonymized flight telemetry including GPS tracks, altitude, speed, heading, proximity alert events, weather conditions at time of flight, helipad proximity events, route deviation data, and ADS-B traffic density observations, as further described in our Privacy Policy.
4.4 No Compensation
You will receive no compensation, revenue share, or other consideration for Contributed Data. Your contribution supports aviation safety research and the development of the Service.
4.5 Withdrawal of Consent
Withdrawing consent stops future data collection. It does not result in deletion of previously collected anonymized data, which we retain under the license above. Because Contributed Data is not linked to your identity, we may be technically unable to identify and delete your specific historical contributions even upon request.
5. Aviation Disclaimer
The service is not certified, approved, or endorsed by the FAA, EASA, Transport Canada, or any other aviation authority. It has not been tested or validated to any avionics standard. It is not a primary flight instrument and must not be used as the sole means of obstacle detection, navigation, or weather assessment.
5.1 Data Limitations
Obstacle databases are inherently incomplete. Power lines, towers, and other hazards may not appear in the Service due to limitations of source data, caching, connectivity, or processing delays. The absence of an alert does not mean an area is free of hazards. Always fly as if obstacles may be present even when none are shown.
5.2 GPS and Connectivity
The Service depends on GPS accuracy, mobile data connectivity, and device functionality. Urban canyons, tunnels, solar activity, jamming, or device failure can degrade or eliminate GPS accuracy. Loss of connectivity may result in outdated or absent hazard data. These failure modes are inherent to consumer mobile technology and are outside HeliHazard's control.
5.3 No Guarantee of Alerts
HeliHazard makes no guarantee that alerts will be generated for every obstacle or hazard in your flight path. Alert generation depends on data quality, GPS accuracy, device performance, network connectivity, and other variables. The failure to receive an alert does not mean a hazard does not exist.
6. Disclaimer of Warranties
The service is provided "as is" and "as available" without warranty of any kind, express or implied. To the maximum extent permitted by applicable law, HeliHazard expressly disclaims all warranties, including but not limited to: warranties of merchantability, fitness for a particular purpose, and non-infringement; warranties regarding the accuracy, completeness, timeliness, or reliability of obstacle, weather, or traffic data; warranties that the service will be uninterrupted, error-free, or free from harmful components; and warranties that the service is suitable for use in any particular airspace, weather condition, or flight operation.
7. Limitation of Liability
To the maximum extent permitted by applicable law, HeliHazard, Inc. and its officers, directors, employees, agents, licensors, and service providers shall not be liable for any: loss of life, personal injury, or property damage arising from use of or reliance on the service; aircraft accidents, incidents, or near-misses; indirect, incidental, special, consequential, punitive, or exemplary damages; loss of profits, data, goodwill, or business opportunities; or damages resulting from errors, omissions, or inaccuracies in obstacle or weather data.
In no event shall HeliHazard's total aggregate liability to you for all claims arising out of or relating to these terms or the service exceed the greater of (a) the amount you paid to HeliHazard in the twelve months preceding the claim, or (b) one hundred US dollars ($100).
You acknowledge that these limitations are a fundamental element of the bargain between you and HeliHazard, and that the Service would not be provided without them.
8. Indemnification
You agree to defend, indemnify, and hold harmless HeliHazard, Inc. and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, judgments, losses, liabilities, costs, and expenses (including attorneys' fees) arising from: your use of or reliance on the Service; your violation of these Terms; your violation of any applicable law, regulation, or aviation rule; any flight conducted using the Service; or your negligence or willful misconduct.
9. Prohibited Uses
You agree not to:
- Use the Service for any purpose that violates applicable law or FAA regulations
- Reverse engineer, decompile, or extract source code from the Service
- Use automated means to scrape or extract data from the Service
- Introduce malware or other harmful code into the Service
- Attempt to gain unauthorized access to any part of the Service or its servers
- Use the Service to develop a competing product without our written consent
- Misrepresent the capabilities of the Service to other pilots or third parties
10. Intellectual Property
The Service and its original content, features, software, and design are the exclusive property of HeliHazard, Inc. and its licensors. Our trademarks and logos may not be used without prior written consent. Obstacle data derived from OpenStreetMap is licensed under the Open Database License (ODbL). FAA data is in the public domain.
11. Third-Party Services
The Service integrates data from third parties including OpenStreetMap, the FAA Aviation Weather Center, and ADS-B data providers. These parties are not under our control and we make no representations about their data. Links to third-party websites are for convenience only and do not constitute endorsement.
12. Account Termination
We may suspend or terminate your account at any time, with or without notice, for conduct that violates these Terms, applicable law, or is otherwise harmful to HeliHazard, other users, or third parties. Upon termination, your right to use the Service ceases immediately. Sections 4, 6, 7, 8, 13, 14, and 15 survive termination.
13. Dispute Resolution & Binding Arbitration
Please read this section carefully — it affects your legal rights.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Arbitration shall be conducted in Laramie County, Wyoming, unless both parties agree otherwise.
Exceptions: Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm, or bring a claim in small claims court within applicable jurisdictional limits.
To initiate arbitration, send written notice to legal@helihazard.com. The parties shall attempt informal resolution for 30 days before commencing arbitration.
14. Class Action Waiver
You and HeliHazard agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. No arbitrator or court may consolidate more than one person's claims or preside over any representative proceeding without the consent of both parties.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law provisions. Subject to the arbitration agreement above, you consent to the exclusive jurisdiction of state and federal courts in Laramie County, Wyoming for any matters not subject to arbitration.
16. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated through the app or via email to your registered address. Continued use of the Service after changes constitutes acceptance of the modified Terms. If you disagree with a change, stop using the Service and delete your account.
17. Miscellaneous
Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and HeliHazard regarding the Service and supersede all prior agreements.
Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
No Waiver: Our failure to enforce any right or provision will not be considered a waiver of those rights.
Assignment: You may not assign your rights without our written consent. We may assign our rights without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of our assets.
18. Contact
Legal inquiries: legal@helihazard.com
Support: support@helihazard.com
HeliHazard, Inc. · Wyoming, USA