1. scope of application

These General Terms and Conditions apply to the use of the mobile application „Vario Watch“ (hereinafter „App“) for iOS and watchOS, provided by Vario One (hereinafter „Provider“). By using the App, you agree to these General Terms and Conditions.

2. service description

The app provides the following functions:

• Variometer function for displaying the rate of climb and descent
• Altimeter based on barometric pressure and GPS data
• Speed display (Groundspeed)
• Wind measurement and wind direction display
• Acoustic signals (beeps) to indicate rising and sinking
• Flight recording with GPX and IGC export
• Flight logbook for saving and managing past flights
• Map view with weather data and wind stations
• Support for ActiveLook data glasses
• Support for BlueFly Vario hardware
• Standalone operation on the Apple Watch
• Take-off and landing detection
• Pilot and equipment settings for IGC files

3. important disclaimer - not a certified flight instrument

The app is NOT a certified flight instrument and must NOT be used as the primary or sole instrument for flight navigation or flight decisions.

The app uses the sensors of the iPhone or Apple Watch (barometer, GPS, accelerometer). These sensors are subject to technical limitations and may provide inaccurate, delayed or erroneous readings. The provider accepts no liability for the accuracy, completeness or reliability of the data displayed.

The user is responsible for their own safety at all times. The use of the app is not a substitute:

• Certified flight instruments (variometer, altimeter, GPS devices)
• Sound flight training and licensing
• The independent assessment of weather and flight conditions
• Compliance with all applicable aviation regulations

The provider is not liable for accidents, injuries, deaths or property damage resulting from the use of the app or reliance on the data displayed.

4 Subscription and payment

An active subscription is required to use the app. The following subscription models are offered:

• Weekly subscription
• 3-month subscription
• Annual subscription (possibly with free trial period)

Billing takes place via the Apple App Store. Apple's terms of payment apply. Subscriptions are automatically renewed unless cancelled at least 24 hours before the end of the current period. Subscriptions can be cancelled via the subscription management in the settings of the Apple device.

The price of the subscription may vary depending on the region and will be displayed in the App Store before purchase.

5. free trial period

A free trial period may be offered for new users. At the end of the trial period, the subscription is automatically renewed at the specified price unless it is cancelled in good time. The trial period is only available to each user once.

6 Availability and technical requirements

The provider endeavours to ensure high availability of the app, but does not guarantee uninterrupted operation. The following circumstances in particular may restrict functionality:

• Missing or limited GPS signals
• Barometric pressure fluctuations that are not due to changes in altitude
• Restrictions of the operating system (iOS/watchOS)
• Low battery level of the device
• Lack of internet connection (for weather data, map material and flight synchronisation)
• Updates to the operating system or hardware

The provider reserves the right to change, expand or discontinue individual functions of the app at any time.

7. user obligations

The user undertakes to:

• To use the app only in accordance with applicable law
• To hold all licences, permits and insurances required for the practice of aviation sports
• Do not use the app as a substitute for prescribed flight instruments
• Check the app's safety check before every flight
• Ensure the volume of the device when acoustic signals are used
• Do not manipulate or reverse-engineer the app

8. data protection

Personal data is collected and processed in accordance with the provider's privacy policy, which is available at https://vario-one.com/privacy-policy is available.

In particular, the app collects:

• Location data (GPS) for flight recording and map display
• Motion data (acceleration sensor) for recognising take-off and landing
• Barometric pressure data for height calculation

Flight data can optionally be synchronised to the provider's server. The user can manage data synchronisation in the app settings.

9. third-party services

The app uses the following third-party services:

• Apple App StoreFor subscription management and payment processing
• Firebase/Google: For analysis and crash reports
• Map services: For the map view and weather stations
• ActiveLookFor connecting compatible smart glasses (optional)
• BlueFly VarioFor connecting external Vario hardware (optional)

The use of these services is subject to their respective terms of use and privacy policies.

10. limitation of liability

The liability of the provider is, as far as legally permissible, limited to intent and gross negligence. Liability for slight negligence shall only exist in the event of a breach of essential contractual obligations (cardinal obligations), whereby liability shall be limited to the foreseeable damage typical of the contract.

In particular, the provider is not liable for:

• Damage caused by inaccurate or incorrect measured values from the app
• Damage due to the failure or limited availability of the app
• Damage due to improper use of the app
• Lost data or flight recordings
• Damage due to incompatibility with hardware or operating system updates

The above limitations of liability do not apply to damages resulting from injury to life, limb or health.

11 Intellectual property

All rights to the app, including the source code, design, graphics and texts, are owned by the provider. The user receives a simple, non-transferable right of use for the duration of the active subscription.

The duplication, processing, distribution or public reproduction of the app or its content requires the prior written consent of the provider.

12. final provisions

• The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
• The place of jurisdiction is, as far as legally permissible, the registered office of the provider.
• Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
• The provider reserves the right to amend these GTC at any time. The user will be notified of any significant changes in the app. Continued use of the app after the changes have come into effect shall be deemed as consent.

Contact:
Vario One
E-mail: info@vario-one.com
Website: https://vario-one.com