Rogallo BlackBox and Rogallo FlightLog („Apps or Rogallo Apps“) are a service developed and provided by Bastian Rössler („we“). The Apps are available through the Apple App Store. The purpose of the Apps is to document paragliding flights and provide the pilot with a way to track his progress as a pilot.
Additionally, you cannot access or use the Apps if you are banned from receiving services under the laws of any applicable jurisdiction or have previously been suspended or terminated from the use of the Rogallo Apps.
The apps may enable you to create, upload, store, share send or display information such as flight logs and associated data („Content“) via the Apps. You own all rights to the Content that you create via the Apps and such data is never transmitted to the makers of the Apps.
Instead, the apps make use of the iCloud infrastructure in order to synchronise your content. Please refer to the iCloud Terms and Conditions for further information (https://www.apple.com/legal/internet-services/icloud/).
This section only applies when you purchase and/or subscribe to the Rogallo BlackBox Pro or other paid products („Pro Services“). By paying the subscription fee, you gain access to the Pro Services features during the time your subscription is valid, subject to these Terms.
All subscriptions to the Apps are paid in advance. Your subscription automatically renews unless auto.renew is turned off at least 24-hours before the end of the active period. In iTunes you have the option to manage your subscription or turn off auto-renewal by going to your iTunes account settings after the purchase.
You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. As the subscription to the Pro Services is only available through the Apple App Store, you an only cancel your subscription through the use of the Apple App Store services.
Subscription fees can be found in the mobile applications. We reserve the right to change the subscription fees from time to time. We will never be held responsible for accidental purchases of a subscription or any other product the we offer. Default in payment shell not be deemed as a termination of a Pro Services subscription.
All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. You can contact Apple under the following address https://support.apple.com/en-us/HT202039
We welcome comments, ideas, feedback or other communication regarding the Apps. If you provide feedback to us you hereby grand us to use, disclose, reproduce, distribute and exploit this feedback without any restriction or compensation to you. For this reason, do not send us any feedback that you do not want us to use without any restriction or compensation to you.
The Apps enable access to third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Apps or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by us or our agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms or that infringes the intellectual property rights of us or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and we are not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
You agree that we have the right to suspend or deactivate your account or your access to certain parts of the Apps at any time and without notice or liability to you. Upon such termination we might delete your account and other information related to your account.
However, in no event will we be able to access, view or delete your content that is stored in your personal iCloud account.
Reason for such termination could be violations of this agreement, requests from law enforcement or other government agency requests, but it is not limited to any of these.
You are solely responsible for flying safely. The purpose of the Apps is solely to help our users to track their progress as pilots and document their flights. Information made available through the Apps shall solely be used for recreational and educational purpose and should never be used as the basis of safety-related decisions.
We can not guarantee for the correctness of any information shown or recorded via the Apps.
We are not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Apps.
The Apps are intended for your personal, non-commercial use.
We grant you a limited, non-exclusive, non-sub-licensable, non-transferable and revocable license to access and use the Apps as long as you do not copy, modify, reverse engineer, or otherwise attempt to discover any source code, sell, sublicense or otherwise transfer any right in the Apps, except where allowed by law. You agree to only access the Apps through interfaces provided by us.
All rights in and to the Apps, including any trademarks, service marks, trade names and copyrighted content (collectively „Intellectual Property“) presented within the Apps are the property of us and/or third parties. You agree not to use Intellectual Property for any other purpose except for your own use of the Apps unless required otherwise by applicable mandatory law.
You are not entitled to assign your rights and/or obligations under these Terms to any third party without our prior written consent. We are entitled to assign our rights and/or obligations under these Terms.
We reserve the right to refuse access to the Apps to anyone, for any reason, at any time.
We reserve all rights not expressly set forth in these Terms.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPS AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPS ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
These Terms and the use of the Apps are governed by the laws of Germany, expect for its conflicts of law principles. All claims arising out of, or relating to, these Terms or the Apps shall be resolved by the German public courts.
For further information, inquiries or assistance you may contact us. Customer service is available through our website and in our apps. The channels for support might differ from time-to-time.
Rauenberger Str. 68
We have the right to modify these Terms at any time, so please review them occasionally. We will notify you before we make any substantial changes to the Terms and give you an opportunity to review the revised Terms.
Any and all material changes shall come into effect between you and us upon your acceptance of such changes (e.g. by using the Apps after such notification has been made to you or renewing your subscription).
If you object to any change in the Terms you should immediately stop using the Apps and delete them from your devices.
Last updated: Jan 11, 2021