Terms of Sale and Terms of Service

These terms apply when you buy or use a Gear Up Aviation digital subscription or licence (the “Service”): a browser-based ground-school study app for helicopter pilots.

1. Who we are

The Service is provided by Gear Up Aviation, a Swedish sole proprietorship (enskild firma) operating as Gear Up Aviation (“we”, “us”). Contact: GearUpAviation@proton.me.

2. Agreement

By ticking “I accept the Terms and Refund Policy” at checkout, or by using the Service, you agree to these Terms, the Refund Policy and the Important Aviation Disclaimer. The Privacy Policy explains how we handle personal data. If you do not agree, do not buy or use the Service.

3. Products and prices

Prices are in US dollars. Taxes/VAT are calculated and collected at checkout by Lemon Squeezy as Merchant of Record. The price, the billing period and any tax are shown before you confirm your order. What each plan includes is described on the pricing page at the time of purchase. Discount codes (for example from a Partner) apply only as stated with the code.

4. Your licence to use the Service

While your subscription or licence is active and paid, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own study (or, for an instructor licence, for your own teaching; for a school seat, for the one student the seat is assigned to). You do not buy the content or the software; all rights not expressly granted stay with us or our licensors.

5. Payment

Payments are handled by Lemon Squeezy, which acts as Merchant of Record (reseller) for all orders. You pay Lemon Squeezy under its own terms. We do not see or store your full card number. Taxes/VAT are calculated and collected at checkout by Lemon Squeezy as Merchant of Record. If a payment fails, we may pause access until it is paid.

6. Renewal and cancellation

• Monthly and yearly subscriptions renew automatically at the end of each period at the then-current price, until you cancel.
• You can cancel at any time [where: account page / processor portal / by email – to be decided]. Cancellation stops the next renewal; you keep access until the end of the period you have already paid for.
• Except as set out in the Refund Policy or required by law, there are no refunds or credits for partly used periods.
• We will remind you before a yearly renewal [number of days before renewal: to be decided].

7. Changes to prices

We may change prices for future periods. We will tell you at least [30] days before a new price applies to your subscription. A change never affects a period you have already paid for. If you do not accept the new price, you can cancel before it takes effect.

8. Acceptable use

You must not: copy, scrape, download in bulk, republish or sell the questions, explanations or other content; reverse-engineer or bypass access controls; use the Service to build a competing question bank or to train AI models; upload unlawful or harmful material; interfere with the Service or other users; or use the Service in breach of law. You may quote short extracts for personal study notes.

9. No resale and no account sharing

Accounts and licences are for one named person. You must not share log-in details, let others use your account, resell, sublicense, rent or transfer access. Schools may assign and re-assign their seats only as allowed in their school order. We may suspend or end accounts that are shared or resold.

10. AI features and third-party services

AI instruction and short Onyx voice replies are included within the daily and monthly allowance of your plan. You do not need an AI-provider account or key and receive no separate API bill. The app sends requests through Gear Up Aviation’s Cloudflare server to OpenAI. Paid access uses your Gear Up Lemon Squeezy license key. AI may be unavailable during provider outages or when a plan allowance is reached; test access also shares a limited prepaid pool. This is a study aid, not a guaranteed-availability service. AI answers can be wrong and are not instruction. Links to FAA, manufacturer and other third-party sites are for convenience; we do not control them.

11. Content and intellectual property

Much of the content is based on public FAA publications, which are credited with their source. The selection, arrangement, questions, explanations, software, design and the Gear Up Aviation name and logo belong to us or our licensors. Manufacturer and product names belong to their owners and are used only to identify them; no endorsement is implied.

12. Draft content and changes to the Service

Some courses, modules and questions are marked “draft”, “instructor review pending” or “coming soon”. We may update, correct, add or remove content and features. We will not materially reduce what a paid plan includes during a period you have paid for without offering a pro-rata refund [confirm with lawyer].

13. Disclaimers and limitation of liability

The Service is a study aid only; see the Important Aviation Disclaimer, which forms part of these Terms. To the extent permitted by law, the Service is provided “as is”, and our total liability for any claim is limited to the amount you paid us in the 12 months before the claim [cap and exclusions: lawyer to confirm for each jurisdiction]. We are not liable for indirect or consequential loss. Nothing in these Terms limits liability that cannot be limited by law (for example for death or personal injury caused by negligence, or fraud), or your mandatory consumer rights.

14. Suspension and termination

We may suspend or end your access if you seriously or repeatedly break these Terms, after notice where reasonable. You may stop using the Service at any time. Sections that by their nature should continue (e.g. intellectual property, liability) survive termination.

15. Partner programme

The Gear Up Aviation Partner (referral/affiliate) programme is governed by its own separate terms; see the Partner clause in this document. Nothing in these Terms makes you a partner or gives you a right to commission.

16. Changes to these Terms

We may update these Terms. For existing subscribers, material changes take effect from the next renewal after at least [30] days’ notice; you may cancel before then. The version and date are shown at the top.

17. Governing law and disputes

[Governing law and courts: to be decided]. If you are a consumer living in the EU/EEA or the UK, you keep the protection of the mandatory laws of your country of residence and may bring claims in your local courts. EU consumers may also use their national consumer bodies [ODR / dispute-resolution wording: lawyer to confirm].

18. Contact

GearUpAviation@proton.me

Refund Policy

This policy explains when you can get your money back for a Gear Up Aviation subscription or licence. It adds to, and does not reduce, your legal rights.

1. [N]-day money-back promise

If you are not satisfied, you can ask for a full refund within [N]-day of your first payment for a plan (default shown: 14 days – ASSUMPTION, to be decided by the owner). This applies once per customer and per plan type. Renewal payments are not covered by the money-back promise, except a yearly renewal you cancel within [N] days of the renewal date [owner to decide: yes / no].

2. How to ask

Write to GearUpAviation@proton.me with the e-mail address used for the purchase and the order number. Refunds go back to the original payment method through the payment processor, normally within 14 days of our approval. Your access to the refunded plan ends when the refund is made.

3. Cancellation (no refund)

Cancelling a subscription stops future renewals. Outside the [N]-day period and the cases below, payments already made for the current period are not refunded; you keep access until the period ends.

4. When we will always refund

• You were charged twice or charged in error.
• The Service does not work as described and we cannot fix it within a reasonable time.
• We materially reduce what a paid plan includes during a period you have paid for (pro-rata refund).
• A refund is required by law.

5. Instructor licences and school seats

[Owner to decide: same N-day rule, or per the school/instructor order. Business customers are not covered by the EU consumer withdrawal right below.]

6. Partner codes

Refunded sales earn no partner commission. A discount code does not change your refund rights.

Privacy Policy

We collect as little personal data as we can, we do not sell it, and you can ask to see or delete it. This draft is written with the EU/UK General Data Protection Regulation (GDPR) and similar laws in mind; compliance must be confirmed by a lawyer.

1. Controller

Gear Up Aviation, a Swedish sole proprietorship (enskild firma) operating as Gear Up Aviation, is the controller of your personal data. Contact: GearUpAviation@proton.me. [EU/UK representative under Art. 27 GDPR, if required: to be decided]

2. What we collect and why

3. Data that stays on your device

Your study progress, quiz results and settings are stored in your own browser (local storage) and are not sent to us [confirm if a future version syncs progress to a server]. Your Gear Up access code is saved in your browser and sent to our Cloudflare server. Paid license keys are validated with Lemon Squeezy. Chat messages and short voice text are proxied to OpenAI; do not include sensitive personal information. Our D1 database stores hashed access codes, minimal license-validation metadata (cached up to 24 hours) and usage/budget records, not conversation text. OpenAI and Cloudflare process request data under their respective terms and privacy policies.

4. What we do not do

• We do not sell your personal data, and we do not share it for cross-context behavioural advertising.
• We do not use advertising or tracking cookies [cookie / analytics decision: to be decided; if added, consent banner required in the EU/UK].
• We do not ask for pilot licence numbers, flight hours or medical data.

5. Who receives data (processors)

Service providers include Lemon Squeezy (Merchant of Record, payment processing and license validation), Cloudflare (hosting, AI proxy and D1 usage database) and OpenAI (AI instruction and speech). Their roles and processing are governed by their applicable terms and privacy policies. [e-mail provider and legal processing roles: to be confirmed]. Partners see only counts and amounts of sales made with their code, not your name or e-mail [owner to confirm]. We may disclose data if the law requires it.

6. International transfers

Some providers may process data outside the EU/EEA or the UK (for example in the USA). Where this happens we use lawful safeguards such as the EU Standard Contractual Clauses or the EU–US Data Privacy Framework [lawyer to confirm per processor].

7. How long we keep data

Account data: while your account is active and [N months] after. Order and payment records: as long as tax and accounting law requires [e.g. 7 years: to be confirmed per jurisdiction]. Support messages: [N months]. Server logs: [N days].

8. Your rights

You have the right to: access your data and get a copy; correct it; have it deleted; restrict or object to processing; data portability; and withdraw consent at any time. To use them, write to GearUpAviation@proton.me. We answer within one month. Deleting your account ends your access to the Service; records we must keep by law are kept until the legal period ends. You can also complain to the data protection authority in your country.

9. Security

We use reasonable technical and organisational measures (for example encrypted connections and limited access). No system is completely secure; we will tell you and the authorities about a data breach where the law requires.

10. Children

The Service is not directed at children under [16 – age to be decided]. [Rules for younger student pilots with parental consent: to be decided].

11. Changes

We will post any update here with a new date and tell account holders about material changes.

Important Aviation Disclaimer

1. Study aid, not training

The app helps you prepare for knowledge tests and oral exams. It is not an approved training course, does not give credit toward any certificate or rating, and cannot provide or replace an instructor endorsement or sign-off.

2. Always use the official sources

Always check information against the current official sources: for example 14 CFR (FAR), the Aeronautical Information Manual (AIM), FAA handbooks and test standards (ACS/PTS), EASA regulations and AMC/GM, the aircraft’s Pilot’s Operating Handbook / Rotorcraft Flight Manual and supplements, and NOTAMs. If the app differs from an official source, the official source applies.

3. Content can be wrong or out of date

Regulations and publications change. Questions and explanations may contain errors, and many are still marked “draft” or “instructor review pending”. The AI instructor chat can give wrong answers. Content is mainly based on FAA (US) material; it is not aligned with EASA Part-FCL syllabi, so EASA students must use EASA-approved material.

4. No guarantee of results

We do not guarantee that you will pass any knowledge test, oral exam or checkride, or that questions in the app will match questions on any exam.

5. Safety

Never use the app for in-flight decisions or flight planning. The pilot in command is responsible for the safe operation of the aircraft.

6. No affiliation

Gear Up Aviation is independent and is not affiliated with, approved by or endorsed by the FAA, EASA or any aircraft or avionics manufacturer.