1. Acceptance of Terms
Welcome to planespottr, a service operated by x8 Data Company LLC ("planespottr," "we," "us," or "our"). By downloading, accessing or using the planespottr iPhone app, the planespottr Apple Watch app or the watch face complication (together, the "App"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the App.
These Terms apply to all users worldwide. Our Privacy Policy and Disclaimer, both available in the App under Settings › Legal, are part of these Terms.
2. Description of the Service
planespottr is an aircraft spotting game and companion. The App lets you:
- See aircraft flying near you on a map, on an Apple Watch radar and, in AR mode, through your camera
- View information about aircraft, such as type, registration, airline, flight and route, and photos of them
- Record ("spot") aircraft you see, earn points and keep a log of your spots
- Add photos, notes and favorites to your spots
- Add friends, share spots and photos with them, and like and comment on spots
- Compete on leaderboards
- Show weather layers on the map
The App is provided for informational and entertainment purposes only.
3. Not an Aviation Tool
planespottr relies on third-party flight tracking and other data that may be delayed, incomplete or wrong. Aircraft positions, routes, altitudes, AR overlays and weather layers are approximate.
planespottr is NOT:
- An aviation, air traffic or navigation tool
- Approved by the FAA or any aviation authority
- A source of weather information for any real-world decision
- Suitable for any safety-critical or operational purpose
You agree not to rely on the App for navigation, flight or safety decisions. See our Disclaimer for more.
4. Spotting Safely and Lawfully
You are solely responsible for how and where you spot aircraft. You agree to:
- Stay aware of your surroundings, and never use the App while driving or operating a vehicle, aircraft or machinery
- Stay out of restricted, secure or private areas, including airport airside areas, runways and approach paths, and never trespass to spot an aircraft
- Obey airport security, police and property owners, and all laws that apply to you, including laws about photographing aircraft, airports and military or government sites
- Never use the App to interfere with aircraft or aviation operations, including by using drones, lasers or lights
5. Accounts
You sign in with Sign in with Apple or Google Sign-In. You agree to:
- Provide accurate information and keep control of the Apple or Google account you sign in with
- Use only one planespottr account, and not share it or let others use it
- Choose a username that is not offensive, misleading or impersonating someone else, and that does not infringe anyone's rights
We may reclaim or change a username that breaks these Terms. You can delete your account at any time in Settings.
6. Your Content
"Your Content" means the spots, photos, notes, comments, usernames, profile pictures and other material you add to the App.
You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, display and share Your Content as needed to operate, improve and promote the App, and to show it to the people your privacy choices allow. This license ends when Your Content is deleted from the App, except for anonymized records kept as described in our Privacy Policy.
You are responsible for Your Content. You promise that you have the rights to it and that it does not break the law or these Terms. Do not post photos of people who have not agreed to it.
7. Community Rules
You agree not to:
- Harass, threaten, bully or impersonate anyone
- Post content that is unlawful, hateful, sexually explicit, violent, defamatory or invades anyone's privacy
- Post spam, advertising or links to malicious sites
- Post content you do not have the rights to
- Share other users' information outside the App without their permission
We may remove any content and suspend or end any account that we believe breaks these rules, without notice.
8. Points, Leaderboards and Fair Play
Points, ranks, badges and leaderboards are part of a game. They have no monetary value and cannot be exchanged, sold or transferred.
You agree not to cheat, including by faking your location, using automated tools, spotting aircraft you have not seen, or exploiting bugs. We may adjust or remove points or spots, change how points are calculated and reset leaderboards at any time, including to correct errors or remove the results of cheating.
9. planespottr Pro
Subscriptions
planespottr Pro is an optional, auto-renewing subscription, offered monthly and yearly, that unlocks the features described on the purchase screen in the App. Features included in Pro may change over time.
Billing
Purchases are made through Apple's App Store and charged to your Apple Account. Your subscription renews automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before the period ends. You can manage or cancel your subscription in your Apple Account's subscription settings. Cancelling stops future renewals; you keep Pro until the end of the period you have paid for.
We use RevenueCat, a subscription-management service, to validate purchases, restore them and manage your access. RevenueCat is not the store or the payment method used for your purchase.
Pricing
We may change prices and the features of Pro at any time. Price changes will not affect a period you have already paid for. Apple will tell you about price increases as its rules require.
Refunds
Payments are handled by Apple, and refunds are governed by Apple's policies. We cannot issue refunds directly; request one through Apple at reportaproblem.apple.com. Except where the law or Apple's policies require otherwise, all purchases are final.
Access
We may grant, change or remove access to Pro features in cases of fraud, abuse, payment disputes or errors in pricing or access.
10. Advertising
If you do not have Pro, the App may show ads. Ads are provided by third parties, and we are not responsible for the products or services they advertise.
11. Notifications
If you allow notifications, we may send you notifications about friend requests, likes, comments and replies, and service-related messages. You can choose which you receive in Settings or turn them off in your device settings.
12. Location and Camera
The App uses your device's location while you use it to show aircraft near you and to record where you spotted an aircraft. AR mode uses your camera. You can turn off this access in your device settings, but the map, spotting and AR mode need it. See our Privacy Policy for how we handle this information.
13. Apple Watch
The Apple Watch app uses the account you are signed in to on your iPhone. It offers a smaller set of features than the iPhone app, and its availability depends on your devices and their software.
14. Third-Party Services and Content
The App relies on third-party services and data, including:
- Flight tracking, aircraft and route data providers
- Aircraft photos from Planespotters.net, which belong to their photographers and are shown with credit under Planespotters.net's terms
- Apple Maps, Sign in with Apple, Google Sign-In and the App Store
- RevenueCat, Google AdMob and Meta
- Weather data providers
- Hosting and infrastructure providers
These services are outside our control and may become unavailable, change or provide inaccurate data, and some or all features of the App may stop working as a result. Your use of them may also be subject to their own terms. We are not responsible for third-party services or content.
15. Acceptable Use
You agree not to:
- Copy, modify, reverse engineer, decompile or try to extract the source code of the App, except as the law allows
- Scrape, harvest or bulk-collect aircraft data, photos, user information or other content from the App
- Use the App for commercial purposes without our written permission
- Interfere with, disrupt or overload the App or its servers, or try to gain unauthorized access to them or to other accounts
- Use the App in any unlawful way
16. Intellectual Property
The App, including its design, branding, software, text, graphics, scoring and data compilations, is owned by or licensed to x8 Data Company LLC and is protected by intellectual property laws. Third-party content, such as aircraft photos and airline names and logos, belongs to its owners.
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, for your personal, non-commercial use, under these Terms.
If you send us feedback or suggestions, we may use them without any obligation to you.
17. Availability, Changes and Discontinuation
We may change, suspend or discontinue the App or any feature at any time, with or without notice. We do not guarantee that the App will always be available or will continue to be offered for any period. If we discontinue the App or Pro, any refund is subject to Apple's policies and applicable law.
18. Termination
We may suspend or end your access to the App at any time, with or without notice, for any reason, including a breach of these Terms. You may stop using the App and delete your account at any time. Sections of these Terms that by their nature should survive termination will survive it.
19. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, POINTS, CONTENT OR ENJOYMENT, ARISING FROM OR RELATED TO:
- Your use of, or inability to use, the App
- Inaccurate, delayed or missing aircraft, route, photo or weather data
- Content or conduct of other users or third parties
- Injury, property damage, fines or legal consequences arising from where or how you spotted aircraft
- Service interruptions or the discontinuation of the App or any feature
- Battery drain, data charges, device heat or other effects on your device from using location, the camera, AR mode or the map
OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$50.
Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the above may not apply to you.
21. Indemnification
You agree to indemnify and hold harmless x8 Data Company LLC and its officers, employees and agents from any claims, damages, losses and expenses, including reasonable attorneys' fees, arising from your use of the App, Your Content, your breach of these Terms or your violation of any law or the rights of others.
22. Age Requirement
You must be at least 13 years old to use the App. If you are under 18, you must have the permission of a parent or guardian.
23. Dispute Resolution
Any dispute arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in the State of Texas or by video conference. Either party may instead bring an individual claim in small-claims court.
YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.
24. Governing Law
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-law rules.
25. Apple App Store Terms
If you downloaded the App from Apple's App Store:
- These Terms are between you and x8 Data Company LLC, not Apple, and we, not Apple, are solely responsible for the App and its content
- Apple has no obligation to provide maintenance or support for the App
- If the App 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 for the App
- Apple is not responsible for addressing any claims relating to the App or your possession or use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection claims
- Apple is not responsible for investigating, defending, settling or discharging any claim that the App infringes a third party's intellectual property rights
- You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties
- You must comply with any third-party terms that apply when using the App, such as your wireless data service agreement
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you
26. General
We may assign these Terms in connection with a merger, acquisition or sale of assets. If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with our Privacy Policy and Disclaimer, are the entire agreement between you and us about the App.
27. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms in the App and change the "Last updated" date. If a change is significant, we will let you know in the App. Continued use of the App after the update means you accept it.
28. Contact
If you have questions about these Terms, contact x8 Data Company LLC at [email protected].