Terms of Service

Last Updated: January 2025

Please review these Terms of Service carefully before using PuffinPilot.

By using PuffinPilot, you agree to these terms. If you do not agree with any part of these terms, please do not use our service.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and PuffinPilot (operated by Christophe Leemans, Belgium). By accessing or using the PuffinPilot mobile application, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Use of Service

2.1 Eligibility: You must be at least 18 years old to use PuffinPilot. By using the Service, you represent and warrant that you meet this age requirement.

2.2 License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use PuffinPilot for your personal, non-commercial travel planning and organization purposes.

2.3 Restrictions: You may not: (a) modify, copy, or create derivative works based on the Service; (b) reverse engineer, decompile, or disassemble the Service; (c) rent, lease, lend, sell, redistribute, or sublicense the Service; (d) remove or alter any proprietary notices from the Service.

3. Accounts

3.1 Account Creation: To access certain features, you must create an account. You must provide accurate, current, and complete information during the registration process and keep your account information up to date.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your PIN code and any biometric authentication methods. You are fully responsible for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

3.3 Account Termination: You may delete your account at any time through the app settings. We may suspend or terminate your account if you violate these Terms.

4. Location Services

By enabling location services in PuffinPilot, you consent to the collection and use of your location data to provide location-based features such as place recommendations and travel mapping. Location services can be disabled at any time in your device settings. Please refer to our Privacy Policy for more information about how we handle location data.

5. Data Ownership and Privacy

5.1 Your Data: You retain all ownership rights to the content you create, upload, or store using PuffinPilot, including travel plans, notes, expenses, and documents ("User Content").

5.2 End-to-End Encryption: Your User Content is encrypted on your device using end-to-end encryption. We cannot access, view, or recover your encrypted User Content. You are solely responsible for maintaining access to your data through your PIN and recovery phrase.

5.3 Data Deletion: You can request deletion of your account and all associated data at any time. Upon deletion, your data will be permanently removed within 30 days, except where we are legally required to retain certain information.

5.4 User Content Responsibility: You are solely responsible for your User Content. PuffinPilot does not monitor, review, or have access to your encrypted content. You represent and warrant that you have all necessary rights to your User Content and that it does not violate any laws or third-party rights.

6. Prohibited Activities

You agree not to:

  • Use PuffinPilot for any unlawful purpose or in violation of any applicable laws or regulations
  • Store or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Violate or infringe upon the intellectual property rights, privacy rights, or other rights of any third party
  • Interfere with or disrupt the proper functioning of PuffinPilot or servers and networks connected to the Service
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Use automated means (including bots, scrapers, or scripts) to access the Service except as explicitly permitted
  • Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or computer systems or networks
  • Reverse engineer, decompile, or attempt to extract the source code of the Service
  • Violate export control or sanctions laws
  • Engage in money laundering or other financial crimes
  • Distribute malware, viruses, or any other malicious code
  • Use the Service to harass, abuse, or harm another person
7. Intellectual Property Rights

7.1 Our Intellectual Property: The Service, including its design, code, functionality, logos, and trademarks, is owned by PuffinPilot and protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without our prior written consent.

7.2 Your License to Us: By uploading or sharing User Content through the Service (such as when collaborating with travel buddies), you grant us a limited license to process, store, and transmit that content solely to provide the Service to you. This license terminates when you delete your content or account.

7.3 Feedback: If you provide us with feedback, suggestions, or ideas about the Service, you grant us an unlimited, irrevocable, perpetual, royalty-free license to use and incorporate such feedback into the Service without compensation or attribution.

8. Subscriptions and Billing

8.1 Explorer Subscription: PuffinPilot offers an optional paid subscription plan called "Explorer" that provides additional features including unlimited travels, collaboration features, cloud document storage, and AI-powered travel assistance.

8.2 Payment Processing: Subscriptions are processed through the Apple App Store or Google Play Store. Billing is handled by these platforms according to their respective terms and conditions. By subscribing, you agree to their payment terms.

8.3 Subscription Renewal: Subscriptions automatically renew unless you cancel before the renewal date. You can manage or cancel your subscription through your Apple App Store or Google Play Store account settings.

8.4 Price Changes: We reserve the right to change subscription prices at any time. Price changes will not affect your current billing cycle but will apply to subsequent renewals. We will notify you of price changes in advance.

8.5 Free Trial: We may offer free trial periods for the Explorer subscription. You will be charged when the trial period ends unless you cancel before the trial expires.

9. Refund Policy

All subscription purchases are processed through the Apple App Store or Google Play Store. Refunds are subject to Apple's and Google's refund policies, not PuffinPilot's policies. To request a refund, please contact Apple or Google directly through their respective platforms.

We do not offer pro-rated refunds for partial subscription periods. If you cancel your subscription, you will retain access to Explorer features until the end of your current billing period.

For exceptional circumstances not covered by Apple or Google's refund policies, please contact us at hello@puffinpilot.app and we will evaluate your request on a case-by-case basis.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • The results obtained from using the Service will be accurate or reliable
  • The quality of the Service will meet your expectations
  • Any errors or defects in the Service will be corrected
  • The Service will be available at any particular time or location

Due to end-to-end encryption, we cannot recover your data if you lose access to your PIN and recovery phrase. You are solely responsible for maintaining access to your account and data.

Location-based features depend on third-party location services and may not always be accurate. We are not responsible for inaccuracies in location data or travel recommendations.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUFFINPILOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, or other harmful code transmitted through the Service by any third party
  • Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content
  • Loss of your User Content due to forgotten PIN, lost recovery phrase, or any other reason
  • Actions taken based on travel recommendations, location data, or other information provided by the Service

IN NO EVENT SHALL PUFFINPILOT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO PUFFINPILOT IN THE LAST TWELVE (12) MONTHS, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations may not apply to you to the extent prohibited by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless PuffinPilot, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights
  • Your User Content
  • Any misrepresentation made by you

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

13. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.

13.2 Jurisdiction: Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Belgium. You agree to submit to the personal jurisdiction of such courts.

13.3 Dispute Resolution: Before filing any formal legal action, we encourage you to contact us at hello@puffinpilot.app to seek an informal resolution. We will attempt to resolve disputes in good faith.

13.4 European Consumer Rights: If you are a consumer located in the European Union, you may also have the right to bring proceedings in the courts of your country of residence, and nothing in these Terms affects your statutory rights as a consumer.

14. Data Breach and Security Incidents

In the event of a data breach or security incident affecting your account, we will notify you within 72 hours via email as required by applicable data protection laws. Due to end-to-end encryption, any breach would primarily affect non-encrypted metadata rather than your encrypted User Content.

We maintain appropriate technical and organizational security measures to protect your data, but no system is completely secure. You acknowledge and accept the inherent security risks of internet connectivity and data transmission.

15. Legal Compliance and Law Enforcement

We will comply with valid legal requests from law enforcement authorities. However, due to end-to-end encryption, we can only provide access to:

  • Account information (email address, name, creation date)
  • Usage metadata and server logs
  • IP addresses and access times
  • Subscription and billing information
  • Collaboration metadata (information about shared travels)

We CANNOT provide access to:

  • Encrypted User Content (travel plans, notes, expenses, documents)
  • Any data protected by end-to-end encryption
  • Your PIN or recovery phrase (we do not have access to these)
16. No Monitoring of Encrypted Content

Due to our end-to-end encryption architecture, PuffinPilot cannot and does not monitor the content you store in the app. We rely on user reports and automated systems to detect abuse of the platform itself (such as spam, service disruption, or violations of payment terms), but we have no ability to monitor or review encrypted User Content.

You acknowledge that you are solely responsible for your User Content and its compliance with applicable laws and these Terms.

17. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources. We are not responsible for the availability, accuracy, or content of such third-party services. Links to third parties do not constitute an endorsement by PuffinPilot.

Your interactions with third-party services are governed by their respective terms and privacy policies. We are not liable for any harm or damages related to third-party services.

18. Termination

18.1 Termination by You: You may terminate your account at any time by deleting it through the app settings. Upon termination, your access to the Service will immediately cease.

18.2 Termination by Us: We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, for any reason including if:

  • You violate these Terms
  • Your use of the Service creates legal liability for us
  • Your use of the Service disrupts or harms other users
  • You fail to pay subscription fees
  • We are required to do so by law

18.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease. Your data will be deleted in accordance with our data retention policy (30 days). Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitation of liability, and indemnification.

19. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you through the Service or by email at least 30 days before the changes take effect. Your continued use of the Service after the changes become effective constitutes your acceptance of the revised Terms.

If you do not agree to the modified Terms, you must stop using the Service and delete your account. The most current version of these Terms will always be available on our website with the "Last Updated" date.

20. General Provisions

20.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and PuffinPilot regarding the Service and supersede all prior agreements.

20.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

20.3 Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

20.4 Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

20.5 Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20.6 Language: These Terms are written in English. Any translations are provided for convenience only. In case of conflicts between the English version and any translation, the English version shall prevail.

21. Contact Us

If you have any questions about these Terms of Service, please contact us:

PuffinPilot
Christophe Leemans
Belgium
VAT: BE0792.171.680