Terms of Use

These Terms of Use ("Terms") are a legal agreement between you and Aventura Virtual Solutions Inc ("Metarly", "we", "us") governing your use of the Metarly app and its content. By downloading or using Metarly, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the app.

Advisory only — not for navigation

• Metarly is an advisory tool for general situational awareness and flight-planning familiarization only. It is NOT a government- or authority-certified source, NOT a navigation system, and NOT a substitute for an official preflight weather briefing or for current official aeronautical information.
• Metarly does not by itself satisfy the pilot-in-command's duty under 14 CFR §91.103 (or the equivalent rule in your jurisdiction) to become familiar with all available information concerning a flight. You must obtain an official briefing and verify all information with authoritative, official sources before every flight.
• Weather and aeronautical data may be delayed, incomplete, inaccurate, or unavailable. Radar, satellite, and similar imagery are not real-time — they are always older than any time displayed — and must not be used for tactical weather avoidance or to navigate around hazardous weather.
• As pilot in command, you are solely responsible for the safe conduct of every flight and for all operational decisions. Do not use Metarly as a primary or sole source for any flight-critical decision.

Eligibility

• You must be able to form a binding contract and must comply with all applicable laws. The app is intended for adult users; interpreting aviation weather requires appropriate training and judgment.

License

• We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use Metarly on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and these Terms. We reserve all rights not expressly granted.

Acceptable use

• You agree not to: reverse engineer, decompile, or disassemble the app except to the extent permitted by law; circumvent the subscription or any security or access control; scrape, harvest, or bulk-extract data from the app or its data sources; resell, sublicense, redistribute, or commercially exploit the app or its data; or use the app in violation of any law or any third-party data-source terms.

Intellectual property

• The app, the "Metarly" name and logo, and the app's design, text, and software are owned by us and protected by intellectual-property laws. Weather and aeronautical data, and any third-party names or marks, belong to their respective owners.

Third-party data & attribution

• Metarly displays public data from third parties, including the NOAA Aviation Weather Center, Open-Meteo, RainViewer, NAV CANADA, OurAirports, and a community D-ATIS service. Such data is provided "as is"; we do not guarantee its accuracy, availability, or timeliness, and we are not affiliated with or endorsed by these providers. You must comply with any applicable third-party terms when using their data through the app.

Subscriptions

• Metarly is free to use for 3 days after install. Continued use after that — including widgets and the Apple Watch app — requires Metarly Pro, an auto-renewable subscription at $0.99 per month. (The 3 free days are provided by the app and are not an Apple free trial.)
• Payment is charged to your Apple Account at confirmation of purchase. The subscription renews automatically unless cancelled at least 24 hours before the end of the current period, and your account is charged for renewal within 24 hours before the period ends. You can manage or cancel anytime in your Apple Account settings. Billing, renewals, and any refunds are handled by Apple under Apple's terms.

Disclaimer of warranties

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, METARLY AND ITS DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the app or data will be uninterrupted, timely, accurate, complete, or error-free.

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 FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF — OR INABILITY TO USE — METARLY OR ITS DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR USD $20.
• Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — for example, liability for death or personal injury caused by negligence, or for fraud.

Indemnification

• You agree to indemnify and hold us harmless from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the app, your violation of these Terms, or your violation of any third-party data-source terms or applicable law.

Termination

• You may stop using Metarly at any time. We may suspend or terminate your license if you materially breach these Terms. The sections on Intellectual Property, Third-Party Data, Disclaimer of Warranties, Limitation of Liability, and Indemnification survive termination.

Changes

• We may update these Terms. We will revise the "Last updated" date above and post the current version in the app and on this page. Your continued use after changes take effect constitutes acceptance.

Governing law

• These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules, and you and we submit to the courts located in Ontario, Canada — except where mandatory local consumer-protection law gives you other rights.

Apple

• This agreement is between you and us, not Apple, and we (not Apple) are solely responsible for the app and its content. Your license to use Metarly is non-transferable and limited to Apple-branded devices you own or control, subject to the Apple Media Services Terms; if these Terms conflict with those terms, the Apple terms govern as to that conflict.
• Apple has no obligation to provide any maintenance or support for the app. To the maximum extent permitted by law, Apple has no warranty obligation for the app; in the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app, and — to the maximum extent permitted by law — Apple will have no other warranty obligation.
• We, not Apple, are responsible for addressing any claims relating to the app or your use of it, including product-liability claims, claims that the app fails to meet a legal or regulatory requirement, claims under consumer-protection or privacy law, and any third-party claim that the app infringes intellectual-property rights.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with applicable third-party terms of agreement when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you.

General

• If any provision of these Terms is held unenforceable, the remaining provisions stay in effect. These Terms and our Privacy Policy are the entire agreement between you and us regarding the app. Our failure to enforce any provision is not a waiver of it.

Contact

• Aventura Virtual Solutions Inc (Metarly) — hello@metarlyapp.com — 605 Tennant Way, Ottawa, ON K4M 0C6, Canada.