Aviate — Terms and Conditions

1. About Aviate

Aviate is an aviation education and revision tool designed to help pilots and student pilots develop and maintain their aviation knowledge.

Aviate provides learning material including lessons, questions, scenarios, radio communication exercises, flight test preparation and other educational content.

Aviate is intended to supplement formal aviation training and independent study. It is not a substitute for professional flight instruction, approved training, official aviation publications or the exercise of appropriate pilot judgement.

2. Educational information only

The information provided through Aviate is for education, study and revision purposes only.

While reasonable efforts are made to ensure that Aviate's content is accurate and useful, aviation regulations, procedures, publications, frequencies, aerodrome information, operational requirements and accepted practices may change.

We therefore do not guarantee that information within Aviate is:

• complete;
• error-free;
• current;
• applicable to every aircraft, aerodrome or situation; or
• sufficient by itself to meet the requirements of any examination, flight test, licence, rating or aviation qualification.

Users are responsible for verifying information against appropriate current and authoritative sources.

3. Not an authoritative aviation source

Aviate must not be used as an authoritative source for planning or conducting a flight.

Before conducting aviation activities, users should consult the appropriate current official information, which may include publications and information provided by the New Zealand Civil Aviation Authority, Airways New Zealand, the New Zealand Aeronautical Information Publication (AIP), NOTAMs, aircraft flight manuals, operator documentation and other applicable authoritative sources.

Where information in Aviate conflicts with an official or authoritative source, the official or authoritative source takes precedence.

4. Flight instruction and pilot responsibility

Aviate does not replace instruction or advice from a suitably qualified flight instructor or aviation training organisation.

Examples, scenarios and suggested responses within Aviate are designed for learning purposes. Real-world aviation situations can differ substantially and may require different actions.

The pilot in command remains responsible for the safe operation of an aircraft and for determining the appropriate action in any actual aviation situation.

You must not rely solely upon Aviate when making operational or safety-critical decisions.

5. Examinations and flight tests

Aviate may contain material intended to assist users preparing for aviation examinations, flight tests and other assessments.

However, we do not guarantee that:

• Aviate covers every topic that may be assessed;
• questions within Aviate will appear in an official examination;
• completing Aviate lessons will result in passing an examination or flight test; or
• results or scores within Aviate represent an official assessment of aviation competency.

Any progress indicators, scores or feedback provided by Aviate are educational features only.

6. Radio communication exercises and AI-generated feedback

Some Aviate features allow users to practise aviation radio communications using voice recording, transcription and automated or artificial-intelligence-assisted assessment.

These systems may occasionally misunderstand speech, incorrectly transcribe a transmission or provide inaccurate or incomplete feedback.

Radio exercise scores and feedback should therefore be treated as training guidance rather than an authoritative assessment of correct radio technique or phraseology.

Users should follow the requirements and guidance of their instructor, training organisation and applicable official publications.

7. Accounts

Some features of Aviate may require an account.

You are responsible for maintaining the security of your account and for activity occurring through it.

You must provide accurate information when creating or maintaining your account and must not use Aviate in a way that interferes with the Service or other users.

8. Aviate Pro

Aviate offers optional paid features through an Aviate Pro subscription.

Where subscriptions are purchased through Apple's App Store, the purchase, billing, renewal and cancellation of that subscription are handled by Apple and are subject to Apple's applicable terms and conditions.

Subscriptions may automatically renew unless cancelled through your Apple account settings in accordance with Apple's subscription terms.

Features included with Aviate Pro may evolve as Aviate develops. We may add, modify or discontinue individual features, provided this is done consistently with applicable law and the terms governing your subscription.

9. Apple's terms

If you download or purchase Aviate through Apple's App Store, your use of the App is also subject to Apple's applicable terms, including the Apple Standard EULA.

If these Terms conflict with Apple's applicable terms in relation to an App Store purchase or Apple's services, Apple's applicable terms will govern that aspect of your relationship with Apple.

10. Availability and changes to the Service

We aim to keep Aviate available and functioning reliably, but we cannot guarantee uninterrupted or error-free availability.

Aviate may occasionally be unavailable because of maintenance, technical problems, third-party services or circumstances outside our control.

We may update, improve, modify or remove content and features as the Service develops.

11. Intellectual property

Unless otherwise stated, the content, design, software, branding, lesson structure and original educational material provided through Aviate are owned by or licensed to Aviate.

You may use Aviate and its content for your own personal aviation education and training.

You may not reproduce, sell, distribute, publish or commercially exploit substantial portions of Aviate's content without prior written permission, except where permitted by law.

References to third-party aviation publications, organisations, trademarks or materials do not imply ownership of those materials by Aviate.

12. Limitation of liability

To the maximum extent permitted by New Zealand law, Aviate and its owner will not be liable for loss, damage, injury, expense or other consequences arising from reliance upon information provided through Aviate or from errors, omissions, outdated information or interruptions to the Service.

In particular, Aviate should not be relied upon for operational or safety-critical aviation decisions.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under applicable New Zealand law, including any rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

13. Third-party services

Aviate relies on third-party services for some functionality, which may include authentication, payment processing, artificial intelligence, speech processing, hosting and analytics.

The availability and performance of these services may be outside our control. Your use of some third-party services may also be subject to their respective terms and privacy policies.

14. Privacy

Your use of Aviate is also subject to the Aviate Privacy Policy, which explains how personal information is collected, used and protected.

15. Account deletion

You may request or initiate deletion of your Aviate account using the account deletion functionality provided by Aviate.

Deleting an Aviate account does not automatically cancel an active Apple App Store subscription. App Store subscriptions must be managed separately through your Apple account.

Certain information may be retained where reasonably necessary or required by law, as described in our Privacy Policy.

16. Changes to these Terms

We may update these Terms from time to time, including where Aviate's features, applicable laws or third-party services change.

The current version will be published on the Aviate website with its effective or last-updated date.

If a change materially affects users' rights or obligations, we will take reasonable steps to notify users where appropriate.

17. Governing law

These Terms are governed by the laws of New Zealand.

Any dispute relating to these Terms or the use of Aviate will be subject to the jurisdiction of the courts of New Zealand, subject to any rights you may have under applicable consumer law.

18. Contact

If you have questions about these Terms or Aviate, please contact us through the contact details provided on the Aviate website.