Terms of Use

01About these terms

These Terms of Use ("Terms") form a binding agreement between you and Approbatics, the publisher of HeliSense, an iOS application available through the Apple App Store ("HeliSense" or the "App"). By downloading, installing or using HeliSense, you confirm that you accept these Terms.

In these Terms, "we", "us" and "our" refer to Approbatics. "You" refers to the individual user of the App. Our registered address is Approbatics, Unit 145746, PO Box 7169, Poole, BH15 9EL, United Kingdom.

02Your licence to use HeliSense

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use HeliSense on Apple-branded devices that you own or control, for your own personal, non-commercial use.

This licence is also governed by Apple's standard End User Licence Agreement, which applies to all apps installed through the App Store unless a specific custom EULA is provided. We do not provide a custom EULA; Apple's standard terms apply alongside these Terms.

03Age and supervision

HeliSense is rated 4+ on the App Store and is suitable for general audiences. However, RC helicopter flying as a real-world activity is not appropriate for unsupervised children. If a person under 18 is using HeliSense in the context of learning about RC helicopter flying, a parent or guardian must take responsibility for any real-world flying and for any in-app purchases. In-app purchases can be restricted using Apple's Screen Time and Family Sharing controls.

04In-app purchases

HeliSense is free to install. Without any purchase, you can use HeliSense subject to limits on session time and round counts within certain features.

HeliSense offers non-consumable, one-time in-app purchases to unlock features permanently — for example, the Trainer pack, the Simulator pack, or the Pro bundle that includes both. We may also introduce future one-time purchases to unlock additional helicopter models, flying sites, or other content.

There are no auto-renewing subscriptions in HeliSense.

All purchases are processed by Apple through the App Store. Pricing is shown in your local currency before purchase. Once a non-consumable purchase has been made, the unlocked feature is associated with your Apple Account and can be restored on devices signed into the same Apple Account using the "Restore Purchases" function in the App.

05Refunds and cancellations

Refunds for App Store purchases are handled by Apple in accordance with App Store policies. To request a refund, use reportaproblem.apple.com. We are unable to issue refunds directly because we never receive your payment.

If you are a consumer in the UK or the EU and you have a separate statutory right to cancel a digital content purchase, this is preserved by your statutory rights described in section 12.

06Acceptable use

You agree not to:

• Use HeliSense for any unlawful purpose or in any way that could damage, disable or impair the App;
• Reverse engineer, decompile or attempt to extract source code, except to the extent expressly permitted by law;
• Copy, modify, distribute, sell, lease, sublicense or create derivative works of HeliSense or any part of it;
• Use the App in connection with the operation of a real RC helicopter in a manner that breaches applicable aviation, criminal, or civil law;
• Attempt to bypass the in-app purchase mechanism or unlock paid features without payment.

07Availability and changes

We aim to keep HeliSense working well and improving over time. We may add, change, remove or temporarily suspend features at any time. We will try to give reasonable notice of significant changes that affect features you have paid to unlock. We do not guarantee that the App will be uninterrupted or error-free, or that any specific helicopter model, flying site, or feature will remain available indefinitely.

08Intellectual property

HeliSense, including its code, 3D models created by us, user interface, branding, audio, text and design, is owned by Approbatics and protected by copyright, trade mark and other intellectual property laws. Nothing in these Terms transfers any ownership rights to you. The HeliSense name and logo are unregistered trade marks of Approbatics.

09Third-party brands and models

HeliSense may depict, describe or reference RC helicopter models, transmitters or other equipment from third-party manufacturers. Any such references are made for the purpose of training and identification only. All third-party trade marks, model names and product names remain the property of their respective owners. Use of any such name in HeliSense does not imply any partnership, endorsement, sponsorship or affiliation between Approbatics and the relevant manufacturer unless we state otherwise in writing.

10Disclaimers and limits

To the maximum extent permitted by law, and without limiting the safety notice at the top of this page, HeliSense is provided "as is" and "as available". We do not warrant that:

• The App will meet your specific requirements or training goals;
• Practising with the App will make you safe or competent to fly a real RC helicopter;
• Any in-app physics model, audio model, or orientation training represents real-world behaviour with complete accuracy;
• Locations, fields or environments depicted in the App are safe, legal or suitable for real RC flying.

11Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

Subject to that, to the maximum extent permitted by law:

• We will not be liable for any loss or damage arising from your use of any real RC helicopter or other physical aircraft, however caused;
• We will not be liable for any loss of profit, loss of business, loss of goodwill, business interruption, or any indirect or consequential loss;
• Our total liability to you for all claims arising out of or in connection with these Terms or your use of HeliSense will not exceed the greater of (a) the total amount you have paid us through in-app purchases in the 12 months preceding the claim, or (b) £20.

12Your statutory rights

If you are a consumer based in the United Kingdom, you have legal rights in relation to digital content that is faulty or not as described, including under the Consumer Rights Act 2015. If you are based in the EU, you have equivalent rights under EU consumer law. Nothing in these Terms affects those statutory rights.

13Termination

You may stop using HeliSense at any time by deleting the App from your device. We may suspend or end your right to use HeliSense if you materially breach these Terms — for example, by attempting to bypass purchase mechanisms. Termination does not affect any in-app purchase you have already made, which remains tied to your Apple Account in accordance with Apple's policies.

14Governing law

These Terms and any dispute arising out of or in connection with them are governed by the law of England and Wales. The courts of England and Wales have non-exclusive jurisdiction to settle any such dispute, although nothing in this section prevents a consumer from bringing proceedings in the courts of the country in which they are habitually resident, where this is required by applicable consumer law.

15Apple-specific terms

The following terms apply because HeliSense is distributed through the Apple App Store:

• These Terms are between you and Approbatics only, and not with Apple. Apple is not responsible for HeliSense or its content.
• Apple has no obligation to provide maintenance or support for HeliSense.
• If HeliSense fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation in respect of HeliSense.
• Apple is not responsible for addressing any claims by you or any third party relating to HeliSense, including product liability, regulatory compliance, or consumer protection claims.
• If a third party claims that HeliSense infringes their intellectual property rights, Approbatics — not Apple — is responsible for the investigation, defence, settlement and discharge of any such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16Changes to these terms

We may update these Terms from time to time. The "Last Updated" date at the top of this page will always show the current version. If we make material changes, we will give reasonable prominence to that change in the App or on our website before they take effect. Your continued use of HeliSense after changes take effect constitutes acceptance of the updated Terms.

17Contact