Terms of Use
These Terms of Use (the "Terms") are an agreement between you and Cygnus Strategy LLC ("Cygnus Strategy," "we," "us") and cover every app we publish, including Breakover and Pocket Shack (each an "App"). Some Apps have additional terms specific to them (an "App Addendum"), such as Breakover's Safety Notice. Each App Addendum is part of these Terms for that App.
By downloading, installing or using an App, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Apps.
1. Who can use the Apps
You must be at least 18 years old, or the age of majority where you live, to use the Apps. If you're younger, you may use an App only with the involvement and consent of a parent or guardian who agrees to these Terms for you. Some Apps have additional eligibility requirements in their App Addendum (for example, Pocket Shack's transmit features require a valid amateur radio license).
2. Your license to use the Apps
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the Apps on Apple devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. You may not:
- copy, modify, or create derivative works of the Apps, except as the law expressly allows;
- reverse engineer, decompile or disassemble the Apps, except to the extent the law expressly allows despite this restriction;
- rent, lease, sell, sublicense or otherwise redistribute the Apps; or
- remove any copyright, trademark or other notices.
We and our licensors keep all rights not expressly granted to you, including all intellectual property in the Apps.
3. Purchases, subscriptions and free trials
Some features require a paid upgrade (for example "Breakover Pro" or "Pocket Shack Pro"), available as a monthly or yearly auto-renewing subscription or as a one-time lifetime purchase.
- Apple handles payment. All purchases are made through your Apple Account and are subject to Apple's terms. We never see or store your payment information.
- Auto-renewal. Subscriptions renew automatically at the then-current price unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged within 24 hours before each renewal.
- Cancel anytime in your Apple Account's subscription settings. Cancellation takes effect at the end of the current period.
- Free trials. If a subscription offers a free trial, it converts to a paid subscription at the end of the trial unless you cancel before it ends.
- Refunds are handled by Apple under Apple's policies. We can't issue refunds directly.
- Family Sharing, where enabled for a product, lets members of your Apple Family Sharing group use it under Apple's rules.
- Changes. We may change which features are included in a paid tier or change prices for future periods. Apple will notify you of price increases as Apple's rules require. A lifetime purchase covers the paid features of that App as offered over the App's life. It does not cover separate future apps or separately sold add-ons.
4. Using the Apps safely and lawfully
You agree to:
- use the Apps only in compliance with all applicable laws and regulations, including traffic, vehicle, land-access and radio laws;
- never interact with an App while driving in a way that takes your attention from the road or trail. Use hands-free operation where available, set up the App before you move, or let a passenger operate it;
- mount any device securely so it doesn't block your view, your controls or any airbag, and only where local law allows;
- not use the Apps to harm, harass or interfere with anyone, or to interfere with any network or service the Apps connect to; and
- not use the Apps for any purpose where failure or inaccuracy could lead to death, personal injury or severe property or environmental damage (a "high-risk use").
5. Information only; assumption of risk
The Apps provide information to help you, not to make decisions for you. Readings, measurements, alerts, positions, forecasts, directory listings and other information in the Apps may be incomplete, delayed or wrong, and can be affected by device sensors, mounting, calibration, signal, environment and third-party data.
Off-road driving, overlanding, travel in remote areas and radio operation involve real risks, including vehicle damage or rollover, injury, death, getting lost or stranded, and weather. You voluntarily assume all risks of your activities, whether or not you use an App, and you remain solely responsible for your decisions, your vehicle and equipment, your route, and the safety of yourself and others. Always use your own judgment, training, proper equipment and, where appropriate, a spotter. No App is a substitute for any of these.
6. Third-party services
Some features rely on services we don't control, such as Apple's App Store, iCloud and Weather service, GPS and cellular networks, and, for Pocket Shack, the AllStarLink network and nodes operated by third parties. Those services are governed by their own terms and privacy policies. We aren't responsible for their availability, accuracy or conduct.
7. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APPS AND ALL INFORMATION IN THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE APPS WILL BE ACCURATE, UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THEY WILL MEET YOUR NEEDS.
Some jurisdictions don't allow certain warranty exclusions, so some of the above may not apply to you.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CYGNUS STRATEGY AND ITS MEMBERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, VEHICLE DAMAGE, LOSS OF DATA OR LOSS OF PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APPS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APPS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP OR ITS PAID FEATURES IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) US $50.
These limits don't apply to liability that can't be limited by law, such as, in some jurisdictions, liability for gross negligence, willful misconduct, or death or personal injury caused by our negligence.
9. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless Cygnus Strategy from any claims, losses and expenses (including reasonable attorneys' fees) brought by a third party arising from your use of the Apps, your violation of these Terms, or your violation of any law or the rights of another person.
10. Feedback
If you send us suggestions or feedback, we may use them without obligation to you.
11. Termination
You may stop using the Apps at any time by deleting them. Your license ends automatically if you violate these Terms. Sections 5 through 9 and 12 through 15 survive termination.
12. Changes to these Terms
We may update these Terms. We'll post the new version with a new effective date and, for material changes, tell you in the App (for example, by asking you to review and accept the update). Changes apply from the effective date. If you continue to use the Apps after that, you agree to the updated Terms.
13. Governing law and disputes
These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in Denton County, Texas, and you and we consent to their jurisdiction. This doesn't take away any mandatory protections of the law of the country where you live.
14. Apple-specific terms
If you got an App from Apple's App Store:
- These Terms are between you and Cygnus Strategy only, not Apple. We, not Apple, are solely responsible for the Apps and their content.
- Your license is limited to Apple-branded products you own or control, as permitted by the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide maintenance or support for the Apps.
- If an App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for that App. To the maximum extent permitted by law, Apple has no other warranty obligation for the Apps. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, to the extent not disclaimed above.
- We, not Apple, are responsible for addressing any claims relating to the Apps or your use of them, including product liability claims, claims that an App fails to conform to legal or regulatory requirements, and consumer protection or similar claims.
- If a third party claims an App or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms (such as your wireless data service agreement) when using the Apps.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
15. General
These Terms, the App Addenda and the Privacy Policy are the entire agreement between you and us about the Apps. If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.
16. Contact
Cygnus Strategy LLC
2505 Rosedale Street, Highland Village, TX 75077, USA
support@cygnusstrategy.com