Terms of Service

The agreement, and what it covers

These Terms of Service ("Terms") are an agreement between you and DosSantos Systems LLC ("we", "us"), 488 Pleasant St, Unit 1A, New Bedford, MA 02740. They cover:

• This website, dossantossystems.com.
• The software we publish under our own name — today PlaneSimple for iPhone and iPad — together with any subscription sold inside it. Anything we release later is covered too, with its own section if it needs different terms.

Together we call these "the Services". By using the website, or installing or using one of our apps, you agree to these Terms. If you do not agree, do not use the Services.

Client work is not governed by this page. If we design, build, run or host software for your business, the written agreement, statement of work or proposal we sign for that project governs it. Where that agreement and these Terms disagree, that agreement wins. Section 11 says the little that applies in any case.

Who may use the Services

You must be old enough to form a binding contract where you live, and you must not be barred from using the Services under the law that applies to you. If you are using them for a business, you confirm you are authorised to accept these Terms on its behalf.

This website

The website is here to describe what we do and to let you get in touch. Use it in good faith: do not try to break it, scrape it at a volume that degrades it for anyone else, or submit anything through the inquiry form that you have no right to send. Anything you tell us through the form is handled as described in our Privacy Policy.

Descriptions of past work on this site are illustrative. They are not an offer, a price, or a promise of the same result for you.

Our apps: the licence

Our apps are licensed, not sold, to you. Subject to these Terms we grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on devices you own or control, for your own purposes — personal or business. You get no other rights, and we keep everything we do not expressly grant.

App stores, and Apple’s terms

Where you get one of our apps from an app store, that store's own rules apply alongside these Terms. For an app downloaded from Apple's App Store, the download is governed by Apple's Licensed Application End User License Agreement (the "EULA", apple.com/legal/internet-services/itunes/dev/stdeula). These Terms add to the EULA; where the two conflict about the licence itself, the EULA governs. In particular:

• This agreement is between you and us only. Apple is not a party to it and is not responsible for the app or its content.
• You may use the app on Apple-branded devices that you own or control, as permitted by the App Store's Usage Rules, including through Family Sharing where Apple makes it available.
• We, not Apple, are responsible for maintaining and supporting the app. Apple has no obligation to provide maintenance or support for it.
• If the app fails to conform to a warranty that cannot be excluded, you may notify Apple, and Apple may refund the price you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
• We, not Apple, are responsible for addressing any claim relating to the app, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and consumer protection claims.
• If a third party claims the app infringes its intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging the claim.
• You confirm that you are not located in a country subject to a United States Government embargo or designated as a "terrorist supporting" country, and that you are not on any United States Government list of prohibited or restricted parties.
• You must comply with any third-party terms that apply when you use the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Subscriptions and purchases

Where an app of ours sells a subscription, it is an auto-renewable subscription sold through the app store you installed it from, and these rules apply:

• Prices are shown in the store and in the app before you subscribe, in your local currency, and may change with notice through the store.
• Where offered, an introductory free trial applies once per eligible customer. When the trial ends the subscription begins and is charged unless cancelled at least 24 hours before the trial ends.
• Payment is charged to your store account at confirmation of purchase. The subscription renews automatically at the end of each period unless you cancel at least 24 hours before it ends.
• You can manage or cancel a subscription in your store account settings at any time. Cancelling stops future renewals; it does not refund the current period.
• Refunds are handled by the store under its policies. We cannot issue refunds for purchases made through an app store.
• If a subscription lapses, paid features lock again but nothing you entered is deleted, and you can still export your data.

Our software is a tool, not a record

Our apps help you keep records and do arithmetic on them. Unless we say otherwise in writing, an app of ours is not an official record, a filing, a certification, or a substitute for any record you are required to keep under any law or regulation.

• Every status, deadline, expiry, due date and warning an app shows is informational. It is computed from the entries you make, using the rules the app implements, and may be incomplete, out of date, or wrong for your situation.
• You remain responsible for meeting your own legal and regulatory obligations, by reference to the rules that apply to you and to your official records. Where an app says a requirement is met, treat it as a prompt to verify, not as a determination.
• Nothing in our apps is legal, tax, financial, medical, safety or professional advice of any kind.

Figures and estimates

Costs, rates, projections, reserves, breakevens, variances, settlements and every other calculated figure in our apps are derived from what you enter and from the assumptions the app describes. They are estimates for your own planning. They are not accounting, tax, investment or financial advice, and you should not rely on them for tax filings, legal disputes, or agreements with other people without checking them.

PlaneSimple

PlaneSimple is a logbook and cost tracker for pilots and aircraft owners. Everything above applies to it, and these specifics apply too.

Free and paid. Logging flights and expenses and seeing your currency status are free and are never locked. Premium unlocks the features described in the app, such as reserves, plan versus actual, maintenance due tracking, reports and PDF export, CSV import and export, and partners. It is sold through Apple's App Store under section 06.

It is not an official aviation record. PlaneSimple is not an official pilot logbook, not an aircraft maintenance record, and not a substitute for any record you are required to keep under 14 CFR or any other regulation. Currency, expiry and due-date figures — including passenger, night and instrument currency, flight review and medical dates, and maintenance due items — are informational.

You are pilot in command. You are solely responsible for determining, before every flight, that you meet the requirements to act as pilot in command and that the aircraft is airworthy, by reference to the regulations and your official records. Nothing in PlaneSimple is flight instruction, or an airworthiness or regulatory determination.

Sharing an aircraft. PlaneSimple's figures reflect the entries in your copy of the app. Agreements between you and your partners are yours to make.

Included works. PlaneSimple includes a database of airports derived from OurAirports data, which is in the public domain, and the IBM Plex typefaces, used under the SIL Open Font License.

Your data and your responsibilities

• Everything you enter is yours. We claim no rights in it, and, as described in our Privacy Policy, our apps do not send it to us.
• You are responsible for the accuracy of what you enter, for keeping your device and store account secure, and for backups. Where an app offers sync through your own platform account, that is how you keep a copy beyond one device; exporting your data is another.
• If you enter information about other people, you are responsible for having their permission.

Client engagements

If you engage us to build, run or host software, the agreement we sign for that project governs it — scope, price, timeline, ownership of what we make, confidentiality, warranties, support and everything else. This page does not replace it, cut it down, or add to it.

Two things hold in any case. We treat what you show us in confidence, whether or not a separate agreement says so. And how we handle personal data in your systems is described in our Privacy Policy — in short, it is yours, we act on your instructions, and we do not use it for anything else.

Acceptable use

You agree not to copy, modify, distribute, sell or lease any part of the Services; not to reverse engineer or attempt to extract source code except to the extent the law expressly allows; not to circumvent or interfere with subscription checks, rate limits or any other protective measure; not to use the Services to store or transmit anything unlawful; and not to use them for anything unlawful.

Intellectual property

The Services — our apps, this website, and the DosSantos Systems and PlaneSimple names, designs and content — are owned by DosSantos Systems LLC and protected by copyright, trademark and other laws. These Terms give you a licence to use them as described; they do not transfer any ownership. Third-party components we include are used under their own licences, which we honour and credit.

Third parties

Our apps rely on services provided by the platform you run them on — an app store for distribution and purchases, and the platform's own sync where an app offers it. Your use of those is governed by that provider's terms and privacy policy, and we are not responsible for their availability or performance. Beyond that, we keep third-party dependencies to a minimum; our Privacy Policy lists every outside service any of this touches.

Changes to the Services

We may add, change or remove features, and may stop offering something altogether. If we discontinue an app we will say so in advance where we reasonably can, and our export features exist so your data remains yours to take with you. Store policies govern any refund of a subscription affected by a discontinuation.

Ending the agreement

You may stop using the Services at any time — for an app, by deleting it; a subscription is cancelled through your store account settings. We may suspend or end your right to use the Services if you materially breach these Terms. The sections on our software being a tool rather than a record, on figures and estimates, on intellectual property, and sections 17 through 21, survive any ending of this agreement.

No warranty

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Services will be error-free or uninterrupted, or that their figures will be accurate or complete. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. This section does not affect any warranty in a signed client agreement.

Limitation of liability

To the maximum extent permitted by law, DosSantos Systems LLC and its members, officers and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or revenue, arising out of or relating to the Services, however caused, even if advised of the possibility. Our total liability for all claims relating to the Services will not exceed the greater of the amount you paid us for the Services in the twelve months before the claim arose and fifty US dollars. Liability under a signed client agreement is governed by that agreement, not by this section. Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or the statutory rights of consumers where those rights cannot be waived.

Indemnity

You agree to indemnify and hold harmless DosSantos Systems LLC from claims, losses and expenses, including reasonable legal fees, arising out of your breach of these Terms or your use of the Services in violation of law or of another person's rights.

Governing law and disputes

These Terms are governed by the laws of the State of Massachusetts, United States, without regard to its conflict-of-laws rules. Before starting any formal proceeding, please contact us so that we can try to resolve the matter informally. Any dispute that cannot be resolved that way will be brought in the state or federal courts located in Bristol County, Massachusetts, and you and we consent to their jurisdiction. If you are a consumer in a jurisdiction whose law gives you the right to bring proceedings in your own courts or under your own law, nothing here removes that right.

General terms

These Terms, together with the Privacy Policy and any app store EULA, are the entire agreement between you and us about the Services — and, for client work, together with the agreement signed for that project. If any part of these Terms is held unenforceable, the rest remains in effect. You may not assign these Terms; we may assign them to a successor to our business. Our not enforcing a term is not a waiver of it.

Changes to these terms

We may update these Terms. We will post the new version on this page with a new effective date and, for material changes, describe them in the release notes of the product affected. Continuing to use the Services after a change takes effect means you accept the new Terms.

Contact

DosSantos Systems LLC · 488 Pleasant St, Unit 1A, New Bedford, MA 02740 · Sales@DosSantosSystems.com