These Terms of Use and End User License Agreement ("Terms" or "Agreement") are a legal agreement between you ("you," "your," or "User") and Apex AR Systems, LLC ("we," "us," "our," or "Company") governing your use of the Pathfinder LZ mobile application and any related services (collectively, "the App").

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PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN SECTIONS 3, 8, AND 9. BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple-branded devices that you own or control, solely for your own use, in accordance with the Apple App Store Terms of Service and these Terms.

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2. What the App is

Pathfinder LZ is an informational planning and reference tool for personnel who need to identify and describe a prospective helicopter landing zone ("LZ"). The App presents map imagery, coordinates, terrain and elevation information, weather information, obstacle and hazard markers you place, and related reference data, and helps you assemble and share a standardized landing-zone brief.

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3. What the App is NOT — Critical Safety and Liability Disclaimer

READ THIS SECTION CAREFULLY. IT DEFINES THE LIMITS OF WHAT THE APP DOES AND DOES NOT DO.

The App is an aid to human decision-making. It displays and organizes information only. It does not make, recommend, score, rank, rate, approve, clear, or validate any operational decision.

Specifically, you acknowledge and agree that:

• The App is NOT certified avionics. It is not a certified, approved, or authoritative source of aeronautical information, and it is not a navigation system.
• The App does NOT determine whether any location is safe or suitable for landing, takeoff, or any aircraft operation. It provides information; it does not render a "go/no-go," suitability, or safety verdict of any kind.
• The pilot in command ("PIC") retains full and final authority and responsibility for the safe conduct of any flight and for the decision to use, approach, or land at any location, in accordance with all applicable regulations, training, procedures, and their own judgment. Where the User is not a pilot, the qualified operational decision-maker retains that authority and responsibility.
• All data in the App is advisory. Coordinates, elevation, slope, weather, obstacle, airport/heliport, and boundary information are derived from third-party and modeled sources, may be inaccurate, incomplete, out of date, or unavailable, and are not surveyed, not certified, and must be independently verified against current, authoritative sources and direct observation before any operational use.
• The App may be unavailable, may lose connectivity, and may display stale or missing data. You must not rely on the App as a sole source of information for any safety-critical decision.
• You are solely responsible for how you use the App and any information obtained through it.

The App is intended to support — never to replace — proper training, established procedures, authoritative data sources, regulatory compliance, and human judgment.

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4. Acceptable use

You agree not to:

• Use the App in violation of any applicable law or regulation;
• Use the App as a primary or sole source of aeronautical, navigational, or safety information;
• Reverse engineer, decompile, or disassemble the App except as permitted by law;
• Interfere with or disrupt the App or the third-party services it relies on;
• Use the App to endanger any person or property.

You are responsible for ensuring that your use of the App complies with the rules, regulations, and operational procedures that apply to you and your organization.

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5. Subscriptions, free trial, billing, and cancellation

The App is offered on an auto-renewing subscription basis, following an initial free trial.

• Free trial: New subscribers may receive a 3-day free trial. If you do not cancel before the trial ends, the subscription automatically begins and you will be charged.
• Subscription options and price: Monthly — $4.99 USD; Annual — $49.99 USD. Prices may vary by region and are shown in the App before purchase.
• Auto-renewal: Subscriptions automatically renew for the same period at the then-current price unless canceled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period.
• Payment: Payment is charged to your Apple ID account at confirmation of purchase. All billing and payment is handled by Apple through the App Store; we do not process or store your payment information.
• Managing and canceling: You can manage or cancel your subscription, or turn off auto-renewal, in your Apple ID account settings after purchase. Deleting the App does not cancel your subscription.
• Refunds: Purchases are handled by Apple and are subject to Apple's refund policies. We do not directly process refunds.

Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.

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6. Intellectual property

The App, including its software, design, text, graphics, and the "Pathfinder LZ" and "Apex AR Systems" names and logos, is owned by us or our licensors and is protected by intellectual property laws. These Terms grant you no ownership rights. Third-party data and map providers retain all rights in their respective data and are credited in the App's "Data Sources & Attribution" screen.

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7. Third-party data and services

The App uses third-party data and services, including Mapbox, the National Weather Service (NWS/NOAA), the U.S. Geological Survey (USGS), and Federal Aviation Administration (FAA) data. We do not control and are not responsible for the accuracy, availability, or content of third-party data or services. Your use of certain third-party data may be subject to that provider's own terms.

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8. Disclaimer of warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, COMPLETE, CURRENT, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DATA IT PRESENTS IS ACCURATE OR RELIABLE. YOU USE THE APP AND ITS DATA AT YOUR OWN RISK.

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9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, APEX AR SYSTEMS, LLC AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP OR ANY DATA IT PRESENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

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10. Indemnification

You agree to indemnify and hold harmless Apex AR Systems, LLC and its owners, members, officers, employees, and licensors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any law or the rights of any third party.

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11. Termination

We may suspend or terminate your license to use the App at any time if you violate these Terms. Upon termination, you must stop using and delete the App. Sections that by their nature should survive termination (including Sections 3, 6, 8, 9, 10, and 12) will survive.

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12. Governing law

These Terms are governed by the laws of the State of Mississippi, without regard to its conflict-of-laws rules. Subject to applicable law, any dispute arising out of or relating to these Terms or the App shall be brought in the state or federal courts located in Mississippi, and you consent to the jurisdiction of those courts.

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13. Apple-specific terms

You acknowledge that these Terms are between you and Apex AR Systems, LLC only, and not with Apple, Inc. ("Apple"). Apple is not responsible for the App or its content. Apple has no obligation to furnish any maintenance or support for the App. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You represent 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 on any U.S. Government restricted-parties list.

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14. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted at this page with an updated effective date. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.

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15. Contact

Apex AR Systems, LLC PO Box 27, 401 McElroy Drive Oxford, Mississippi 38655 Email: support@apexarsystems.com

These Terms are published at: https://apexarsystems.com/pathfinder-lz/terms

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By downloading, installing, or using Pathfinder LZ, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and End User License Agreement.