Terms of Use / End‑User License Agreement (EULA)
Last updated: August 29, 2025
These Terms govern your access to and use of the Gander web application and the Gander mobile apps (together, the “Services”). By accessing or using the Services, you agree to these Terms. If you are accepting on behalf of a company, aircraft operator, or other legal entity (an “Operator”), you represent that you have authority to bind that entity. If you do not agree, do not use the Services.
Privacy: Our data practices are described in the Privacy Policy, which is incorporated by reference. To avoid duplication, the Privacy Policy controls with respect to data collection, use, and retention.
1) Accounts, Operators, and Authorized Users
1.1 Operator Accounts. Operators may provision accounts for their personnel and guests (collectively, “Authorized Users”). Operator is responsible for configuring roles, permissions, and retention settings; maintaining the accuracy of operational data; and ensuring Authorized Users comply with these Terms.
1.2 Eligibility. You must be at least the age of majority where you live and authorized by your Operator (if applicable). The Services are intended for professional aviation operations and are not directed to children.
1.3 Registration & Security. You must provide accurate account information and keep credentials secure. You are responsible for activity under your account and must promptly notify us of any unauthorized use or security incident.
2) License and Acceptable Use
2.1 License. Subject to these Terms, Gander grants you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your internal operational purposes.
2.2 Restrictions. You will not (and will not permit others to): (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying models except to the extent such restrictions are prohibited by law; (c) resell, lease, or sublicense the Services; (d) access the Services for competitive analysis or to build a competing product; (e) remove proprietary notices or circumvent security or usage limits; (f) misuse APIs or automate access in a manner that degrades service.
2.3 Acceptable Use. You may not use the Services to: (a) violate law, regulations, or third‑party rights; (b) upload unlawful, harmful, or confidential data without authorization; (c) transmit malware or attempt to gain unauthorized access; (d) interfere with or disrupt the Services or other users; or (e) engage in high‑risk or life‑critical uses not permitted under Section 3.
3) Aviation & Safety Disclaimers
3.1 Advisory Use Only. The Services provide planning, scheduling, recordkeeping, and decision‑support tools. They do not replace certified flight planning tools, regulatory requirements, Operator standard operating procedures, or pilot‑in‑command judgment.
3.2 No Emergency Services. The Services are not designed for emergency response, ATC services, or guaranteed real‑time situational awareness. You are responsible for verifying all operational data (weather, NOTAMs, W&B, fuel, crew qualifications, passenger documentation) through authoritative sources before flight.
3.3 Operator Responsibility. Operators are solely responsible for compliance with applicable aviation and employment laws, data accuracy, dispatch release processes, and any travel documentation or screening obligations.
4) Third‑Party Services & Dependencies
4.1 Integrated Services. The Services may depend on or interoperate with third‑party offerings (e.g., mapping, analytics, OCR, messaging, planning, weather, and fuel data providers). Your use of those components may be subject to their separate terms. Gander is not responsible for third‑party sites or services.
4.2 Availability. Data feeds (e.g., weather, fuel prices, aircraft data) are provided on an “as available” basis and may be delayed, incomplete, or unavailable. Gander may change or replace providers at any time.
5) AI‑Powered and Automation Features
5.1 Generated Content. Certain features may produce machine‑generated outputs (e.g., summaries, drafts, recommendations). Outputs can be inaccurate, incomplete, or inappropriate. You must review and validate all outputs before use and are responsible for decisions made in reliance on them.
5.2 Prohibited Inputs. You will not input content that you do not have the right to use, or that violates law or third‑party rights. You will not attempt to use the Services to create or disseminate harmful content.
5.3 Feedback Use. You grant Gander a non‑exclusive, royalty‑free, worldwide license to use feedback and suggestions you provide to improve the Services.
6) Fees, Billing, and Renewals
6.1 Plans & Orders. Access may be offered on a subscription, usage‑based, or invoiced basis per an order form or in‑app purchase (each, an “Order”). Unless stated otherwise, subscriptions renew automatically for successive terms at then‑current rates.
6.2 Payment & Taxes. You authorize us (or our processor) to charge all fees when due and to pass through applicable taxes. Late payments may incur interest or suspension of access.
6.3 Changes. We may modify pricing or plan features with prior notice for the next renewal term. Promotional or beta pricing may change at any time.
6.4 Refunds. Except as required by law or your Order, fees are non‑refundable.
7) Trials, Beta, and Pre‑Release
7.1 Beta Features. We may offer alpha/beta or pre‑release features (“Beta Features”). Beta Features are provided AS IS for evaluation only and may be modified or discontinued at any time.
7.2 Test Data. Do not rely on Beta Features for production decisions unless your Operator has approved such use and appropriate safeguards are in place.
8) Your Content and Our IP
8.1 Your Content. As between you and Gander, you (or your Operator) own the data and content you input into the Services (“Customer Content”). You grant Gander the rights necessary to host, process, transmit, display, and create limited derivatives of Customer Content to provide and improve the Services (e.g., indexing, caching, formatting), subject to the Privacy Policy and applicable data‑processing agreements.
8.2 Our IP. Gander and its licensors own all rights in the Services, software, interfaces, and documentation. No rights are granted by implication.
8.3 Aggregated/De‑identified Data. We may create and use aggregated or de‑identified data that does not identify any individual or Operator for analytics, benchmarking, and service improvement.
9) Suspension and Termination
9.1 By You. You may stop using the Services at any time. If you are an Operator, termination is governed by your Order/MSA.
9.2 By Us. We may suspend or terminate access for material breach, security risks, non‑payment, illegal use, or to comply with law. We will provide notice when feasible.
9.3 Effect. Upon termination, your license ends and you must cease use. We will handle Customer Content per the Privacy Policy and any data‑processing agreement or Order.
10) Warranties and Disclaimers
10.1 Service Warranty. We provide the Services using reasonable skill and care consistent with industry standards.
10.2 General Disclaimers. EXCEPT AS EXPRESSLY STATED, THE SERVICES AND ALL INFORMATION, DATA FEEDS, AND BETA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR‑FREE, UNINTERRUPTED, OR MEET YOUR REQUIREMENTS.
11) Indemnification
You will defend, indemnify, and hold harmless Gander, its affiliates, and their respective officers, employees, and agents from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) Customer Content; (c) your misuse of the Services; or (d) your violation of law or third‑party rights.
12) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL GANDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) GANDER’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS PAID BY YOU (OR BY YOUR OPERATOR FOR YOUR USE) TO GANDER FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY.
Some jurisdictions do not allow certain disclaimers or limitations; in those cases, the limitations will apply to the fullest extent permitted by law.
13) Apple App Store — Additional Terms (iOS/iPadOS)
If you downloaded the app from Apple’s App Store, the following apply in addition to the rest of these Terms:
13.1 Parties. This EULA is between you and [Company Legal Name, Inc.], not Apple. Apple is not responsible for the app or its content.
13.2 Scope of License. The license granted is limited to use on Apple‑branded products you own or control and as permitted by the App Store Terms of Service.
13.3 Maintenance & Support. Apple has no obligation to provide maintenance or support. Gander is responsible for support as described in these Terms.
13.4 Product Claims. Gander, not Apple, is responsible for addressing any claims relating to the app or your possession and/or use of the app, including product liability, legal or regulatory compliance, and consumer protection claims.
13.5 Intellectual Property. In the event of a third‑party claim that the app infringes intellectual property rights, Gander (not Apple) is responsible for the investigation, defense, settlement, and discharge of such claim as required by these Terms.
13.6 Legal Compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and that you are not listed on any U.S. Government list of prohibited or restricted parties.
13.7 Third‑Party Beneficiary. Apple and Apple’s subsidiaries are third‑party beneficiaries of this EULA and may enforce it against you.
13.8 In‑App Purchases & Subscriptions. If you purchase via the App Store, billing and cancellations are managed through Apple. Refunds are subject to Apple’s policies.
14) Export and Sanctions Compliance
You may not use or export the Services in violation of U.S. or other applicable export laws and sanctions, including restrictions administered by BIS and OFAC. You represent that you are not a prohibited person and will not permit access from embargoed regions.
15) Changes to the Services or Terms
We may modify the Services and these Terms from time to time. Material changes will be notified via the Services or by email. Your continued use after the effective date constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Services.
16) Governing Law and Dispute Resolution
These Terms are governed by the laws of New York, United States, excluding conflict‑of‑laws rules. [Choose one option]: (a) Courts. The parties submit to exclusive jurisdiction and venue in the courts located in [County/State]; or (b) Arbitration. Any dispute will be finally resolved by binding arbitration under [Arbitration Rules/Provider] in [City, State], with one arbitrator, and on an individual basis (no class actions).
Class Action Waiver. You and Gander agree that claims must be brought in your and its individual capacities only, and not as a plaintiff or class member in any purported class or representative proceeding.
17) Notices and Contact
We may provide notices by email, in‑app, or by posting to our site. For legal notices to Gander, contact: legal@usegander.com and Gander Technologies Inc., 39 Wooster St, 10014 New York
18) Miscellaneous
18.1 Entire Agreement. These Terms (and any Order/MSA) are the entire agreement regarding the Services and supersede prior agreements.
18.2 Assignment. You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
18.3 Severability; Waiver. If any provision is unenforceable, the remainder remains in effect. No waiver is effective unless in writing and signed by the waiving party.
18.4 Force Majeure. Neither party is liable for delay or failure due to events beyond its reasonable control (e.g., natural disasters, war, labor actions, internet or provider outages).
18.5 Headings. Headings are for convenience only and do not affect interpretation.
Quick Reference: Operator Add‑Ons (if applicable)
MSA/DPA Controls. If you have an executed Master Service Agreement or Data Protection Addendum with us, those documents control to the extent of any conflict with these Terms.
Service Levels. Any uptime targets, credits, or support commitments are defined in your Order or MSA and do not apply otherwise.
Questions? Contact legal@usegander.com or visit /privacy for our Privacy Policy to submit privacy requests.
