Terms of Use

Operational disclaimer

Read this part even if you skip the rest.

TallyAir is a tool for watching aircraft from the ground. That is what it is built for and it is the only thing it is fit for.

TallyAir is not an electronic flight bag. It is not certified, not approved, and not intended for use aboard an aircraft by anyone, at any time, for any purpose.

Do not use TallyAir to fly. Not for navigation. Not for separation or collision avoidance. Not for traffic awareness in the air. Not for flight planning. Not for weather or airspace decisions. Not for any other flight operation. If you are operating an aircraft, TallyAir has nothing to offer you and using it would be unsafe.

The data is not reliable enough to act on, and is not meant to be. What TallyAir shows is third-party ADS-B reception aggregated from networks of volunteer receivers. It is delayed. It is incomplete. It is unverified. An aircraft may be missing entirely, may appear in the wrong place, may be reported with the wrong identity, or may vanish and return. Coverage has gaps, and those gaps are normal rather than exceptional — a quiet patch of sky on the map means nobody nearby was listening, not that the sky is empty.

Nothing in TallyAir is an official source. The official sources are air traffic control, NOTAMs, and your national aviation authority. TallyAir is not a substitute for any of them and does not claim to be.

Aircraft positions shown in TallyAir are broadcast publicly by the aircraft themselves. Displaying them is not a statement that any particular flight, aircraft, or person is where the data says.

Acceptance

These terms are an agreement between you and Waygate Technologies LLC.

You accept them by tapping Accept when the app asks, which it does once, after your first sign-in. You cannot use the account-based features without accepting, and your acceptance is recorded against your account so it survives reinstalling the app or moving to a new device.

These terms supplement Apple’s standard Licensed Application End User License Agreement, which also applies to your use of the app. Where the two conflict on a subject Apple’s EULA governs, Apple’s EULA controls. Where these terms address something Apple’s EULA does not — the operational disclaimer above, and the content rules below — these terms control.

You must be 18 or older to use TallyAir. There is no younger tier and no parental-consent route. If you are under 18, do not create an account; if we learn an account belongs to someone under 18, it will be closed and its data deleted.

Your account

Sign in with Apple is the only sign-in method. You are responsible for what happens under your account, and for keeping access to the Apple ID behind it.

You may delete your account at any time from within the app. Deletion is immediate and permanent; the privacy policy lists exactly what it removes.

We may suspend or terminate an account that violates these terms, and the content rules below say what that means in practice.

Acceptable use and user content

TallyAir has a social layer — comments on flights, comments on live events, kudos, aircraft claims, and profile fields. Everything in this section is about those.

Zero tolerance for objectionable content. There is no warning tier for harassment, hate speech, threats, sexual content involving minors, incitement, spam, or illegal content. Content that violates this rule is removed and the account behind it may be suspended or terminated without notice.

You keep what you write; you license us to show it. You retain ownership of your comments and profile text. You grant Waygate Technologies LLC a non-exclusive, worldwide, royalty-free licence to store, display, and distribute that content within TallyAir for as long as you keep it posted. The licence exists so the app can show your comment to the people reading that flight. It ends for new display when you delete the content or your account.

What you post is public. Comments on flights and events are readable without signing in. Do not put anything in one that you would not put on a public page.

Reporting. Every comment can be reported from the app, with a reason. All reports are reviewed, and we act on reported content within 24 hours — removing it, or removing the account, where it violates these terms.

Blocking. You can block any account from the app. A block hides that account’s comments from you, immediately and without notifying them. It works in one direction only: it changes what you see, not what they can see.

Contact for content complaints. See the contact address at the foot of this document; it is monitored for this purpose.

Prohibited conduct. You may not:

• post anything covered by the zero-tolerance rule above;
• impersonate another person, or claim an aircraft you have no connection to in order to mislead;
• use TallyAir to track, locate, follow, or build a picture of the movements of a specific individual. TallyAir is for watching aircraft, not people. Using it to surveil, stalk, or harass anyone — whether through aircraft associated with them, through comments, or through anything else — is prohibited outright and is grounds for immediate termination;
• scrape, bulk-export, or redistribute the data behind the app, which would also breach the upstream licences described below;
• attempt to break, overload, or work around the service’s technical limits.

Data and third-party sources

The data sources page is part of these terms and is incorporated by reference. It names every upstream provider, what it supplies, and the licence it supplies it under.

Those licences bind you where they are stricter than these terms. Two are worth naming here specifically, because they restrict what you may do with what you see:

• openAIP airspace data is licensed CC BY-NC 4.0 — non-commercial use only, with attribution.
• adsb.lol and OpenFlights data are licensed under ODbL 1.0, which carries attribution and share-alike obligations on any database you might build from it.

TallyAir displays this data; it does not license it onward to you. If you want to do something with it beyond using the app, your relationship is with the upstream provider and their terms, not with us.

Upstream providers may change their terms, restrict access, or shut down. If that removes a feature from TallyAir, it removes it — see below.

Availability

There is no uptime warranty. TallyAir is a small operation, and the service may be slow, interrupted, or unavailable.

Features may change or be removed, including when an upstream feed is withdrawn or its terms change. The service may be discontinued. We will give notice on the waitlist where we reasonably can, but no notice period is promised.

Warranty disclaimer and limitation of liability

The service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty as to the accuracy, completeness, timeliness, or availability of any data shown.

To the maximum extent permitted by law, Waygate Technologies LLC is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising from your use of TallyAir.

These limits do not soften the operational disclaimer, and are not an invitation to test it. The disclaimer at the top of this document is not a liability shield — it is a description of what this software is. TallyAir is unfit for aeronautical use as a matter of fact, not as a matter of drafting, and no limitation clause changes what the data is or how it behaves.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, including liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. Where that is so, these exclusions apply only to the extent permitted, and your statutory rights as a consumer are unaffected.

Governing law and disputes

These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Waygate Technologies LLC is a California limited liability company.

Any dispute arising out of these terms or your use of TallyAir is subject to the exclusive jurisdiction of the state and federal courts located in California, and you consent to venue there.

If you are a consumer resident in a jurisdiction whose law grants you the right to bring proceedings locally, or which applies mandatory consumer-protection rules regardless of a choice-of-law clause, nothing above removes that right.

Open before publication. Whether to add an arbitration agreement and a class-action waiver is a counsel decision and is deliberately not asserted here. Absent one, disputes go to the courts named above. The specific county for venue should also be pinned to Waygate’s principal place of business before this publishes.

Changes to these terms

The date at the top of this page is the effective date. Material changes are announced before they take effect, and continued use after that date is acceptance of the revised terms. If you do not accept them, delete your account.

Contact

Open before publication. A real monitored address for legal notices and for content complaints, distinct from support. App Review requires a published contact for user-generated content, so this is a blocker for submission, not only for this page.