Terms of Service SkyWindow

§ 1. GENERAL PROVISIONS

1. These Terms set out the rules for using the SkyWindow app and the services we provide over the internet. They are the terms of an internet service within the meaning of Polish law (Article 8 of the Polish Act on Providing Services by Electronic Means of 18 July 2002). They are also the terms and conditions of the service within the meaning of the EU law on digital services (Article 14 of Regulation (EU) 2022/2065).
2. The service is provided by (the Service Provider is) BinSoft Sp. z o.o., with its registered office in Szczytno, ul. Władysława IV 35, 12-100 Szczytno, entered in the register of entrepreneurs of the National Court Register kept by the District Court in Olsztyn, VIII Commercial Division of the National Court Register, NIP: 7451846889, REGON: 364251875, KRS: 0000618367, share capital PLN 10,000.00. This is the company that publishes the App: in the App Store it publishes the App from the company account with the team name BinSoft.
3. Contact: [email protected], postal address as above. The address [email protected] leads to the same mailbox; you can write to either. This is our point of contact for users, required by the EU law on digital services (Article 12 of Regulation (EU) 2022/2065). In all language versions of these Terms, the same address, [email protected], is our point of contact for offices and authorities (Article 11 of that Regulation). With authorities we communicate in Polish and in English.
4. Capitalised words mean the following in these Terms:
   • App - SkyWindow, the app for iPhone and iPad together with the companion app for Apple Watch, available exclusively in the App Store (the exact identifiers are given in the Source materials at the end);
   • Service - the features of the App and our server, which the App connects to;
   • User - a person using the App (always a specific human being, not a company);
   • Consumer - a User who uses the App for private purposes, not directly related to their business or profession;
   • Account - your profile in SkyWindow, created through Sign in with Apple;
   • SkyWindow Plus - a paid subscription that unlocks additional features;
   • Cabin chat - the feature for exchanging messages between passengers on the same flight;
   • User Content - messages, nickname, group names in the cabin chat, proposals of places and facts, descriptions in reports and attached screenshots;
   • Apple - Apple Inc. and the companies in its group that operate the App Store.
5. These Terms are free of charge. You can read them before the contract is concluded, save them for yourself and come back to them at any time (this is required by Article 8(1)(2) of the Act on Providing Services by Electronic Means).
6. If you run a one-person business and use the App in connection with it, but this has no professional character for you, we treat you as a Consumer (Article 7aa of the Polish Consumer Rights Act).

§ 2. WHAT SKYWINDOW IS AND WHAT IT IS NOT

1. SkyWindow is an app that accompanies you on a journey by plane. It shows the flight route, the approximate position of the aircraft, where it is day and where it is night, and facts about the places you pass. Before the trip it downloads the data needed to work without internet, and it lets you talk with passengers on the same flight.
2. SkyWindow is not a navigation instrument or any on-board equipment of the aircraft. It must not be used for flying the aircraft, for flight planning or for any decision on which safety depends.
3. Flight data comes from other companies and institutions, not from us. External providers supply flight times, gates, statuses and flight tracks, as well as maps, borders, terrain elevation and Earth imagery. We list their names in the Source materials. You see the full list with licences in the App: Settings → Sources and licences. The Service Provider does not produce this data and does not guarantee that it is correct, complete and up to date. Times, gates, terminals and statuses may differ from reality and from the carrier's information.
4. What the source does not have, we do not have either. If a provider does not know your flight or does not give a time, a gate or a position, the App shows that the data is missing. We do not put an invented value in its place, nor one copied from another flight. A value calculated from the schedule is always marked as estimated.
5. Only the information from the carrier and the airport is binding for you. Before any activity connected with check-in, the gate or a transfer, check the carrier's information.
6. The App distinguishes values from live data from values estimated from the schedule. A value marked as estimated is a calculation, not a measurement.
7. Transfer risk, walking times and similar indications only inform. They are not a recommendation or a promise that you will make your connection.
8. The cabin chat works over the network on board. The internet relay is turned off in this version of the App (§ 6 of the Privacy Policy). The Service Provider does not guarantee that a connection on board will be available, because it depends on the aircraft's equipment, the carrier's rules and the settings of other passengers.
9. Facts about the places you pass are read by a synthetic voice, produced with an artificial intelligence tool from our text. It is not a recording of a live narrator. When there is no recording, your phone reads the text with its system voice.
10. The Service is not for calling for help in an emergency and does not replace emergency numbers.

§ 3. TECHNICAL REQUIREMENTS

1. To use the App you need an iPhone or iPad with iOS/iPadOS 26.0 or later and an Apple account. The Apple Watch app requires a watch with watchOS 26.0 or later, paired with your iPhone.
2. Features that use the server need internet. A saved flight, the map without internet and downloaded recordings work without a connection.
3. The cabin chat over the network on board requires consent for local network access, and showing your position requires consent for location access "while using the app". Refusing does not block the other features.
4. We do not support running the App on devices in which the system protections have been removed. The Service Provider is not liable for the consequences of such use.
5. You must not deliver unlawful content through the Service (this is required by Article 8(3)(2)(b) of the Act on Providing Services by Electronic Means).

§ 4. CONCLUSION OF THE CONTRACT AND THE ACCOUNT

1. You conclude the contract for using the free version of the App at the moment when, at the first launch, you accept these Terms with the button on the acceptance screen. You read the Terms before accepting and you always have them in the App (Settings → Terms of service), also without internet; you can also save them for yourself. If you do not agree with them, do not accept them: close and uninstall the App. We then want nothing from you and we collect no data.
2. You create an Account exclusively through Sign in with Apple. There is no password registration. For the basic features of the App on a single device, no Account is needed.
3. One User has one Account. The Account must not be shared with anyone or sold.
4. The contract is concluded for an indefinite period. You can terminate it at any time in accordance with § 12. Uninstalling the App ends use on your device, but by itself it does not delete the Account or the data on the server. You delete the Account in Settings or by writing to [email protected].
5. By accepting these Terms, you declare that you are at least 13 years old. We do not ask for your date of birth and we do not verify your age. If you are between 13 and 15, the features that require your consent (location, the conversation relay on the internet, the visibility of your nickname, showing others that you have a given flight, sending a contribution to the catalogue) require the consent of a parent or guardian and are not intended for you until we build a path for such consent. If you are at least 16, you give the consents yourself. Details in § 12 of the Privacy Policy.

§ 5. RULES FOR USING THE SERVICE

1. You use the Service in accordance with the law, these Terms and good practice.
2. You must not:
   • a) circumvent request limits, security measures, purchase verification or moderation mechanisms;
   • b) harvest data from the Service with an automated tool, resell it or pass it on;
   • c) reconstruct the code of the App or interfere with the way devices exchange messages in the cabin chat, beyond what the law expressly permits;
   • d) impersonate another person, cabin staff, the crew or SkyWindow; this also applies to your nickname in a conversation;
   • e) use the Service to send spam, advertising and unlawful content, to harass others or to collect data about other passengers;
   • f) use the "Planes on your route" feature to work out which flight a particular person is taking; simply saving a flight of someone close to you to check its route or arrival does not breach this rule.
3. For breaking these rules we may limit features, suspend the Account or delete it. We give reasons for every such decision in accordance with § 7.

§ 6. CABIN CHAT AND USER CONTENT

1. The cabin chat is voluntary. You turn it on yourself and you decide yourself whether other passengers on the flight see your nickname.
2. A private conversation goes straight between two phones, over an encrypted connection, bypassing our server. The phone does not, however, check who is at the other end of the connection (§ 6 of the Privacy Policy). A group conversation works only over the network on board: the phone sends each message separately to each person in the group, over an encrypted connection between two phones, bypassing our server. The Service Provider cannot see private or group conversations. That is why it cannot moderate them on its own initiative or restore them after a device is lost. It sees only a message that someone reports to it (paragraph 7).
3. A nickname has from 2 to 32 characters and must not suggest that you belong to SkyWindow or to the crew.
4. The following are prohibited in particular: harassment, threats, hate speech, sexual content involving minors, encouraging self-harm, content infringing the rights of others, spam and advertising. We do not tolerate abusive content or users who engage in abuse at all.
5. You can block and mute another participant, and report content or behaviour. Blocking takes effect on your side immediately.
6. We handle reports promptly. A report of abusive content is handled within 24 hours of receipt, that is, from the moment the report reaches us. A report sent on a plane without internet waits on your phone and usually reaches us only after landing. If a report is justified, we take action against the author of the reported content, taking into account the seriousness, context and repetition of the breach. Action ranges from a warning, through limiting features or suspension, to deleting the Account. Apart from what someone attaches to a report themselves (paragraph 7), we do not see or store the content of conversations (paragraph 2), so we cannot remove messages from the phones they have already reached. When we block the author's Account after a chat report, we remove their entries on the passenger lists of flights at once (the nickname and, if they added them, the seat and a note). The block does not remove the author's other data connected with the chat, for example the messages attached to the report (they disappear together with the report, § 7 of the Privacy Policy) or contact requests and contacts with their nickname held by other passengers. Independently of us, you can block the author yourself: that hides their messages on your phone at once (paragraph 5). For the gravest breaches (for example content under § 6(4) concerning minors) we block the author's Account immediately, if it can be identified (paragraph 10).
7. Moderation is based on the material that the reporting person attaches to the report themselves. A person on our team reads the reported message, its author's nickname and the time it was sent (Article 14(1) of Regulation (EU) 2022/2065). We cannot see the rest of the conversation. If you attach a screenshot of a conversation to a problem report, we will also see what it shows.
8. The Service Provider is not a party to conversations between Users and is not liable for their content. For other people's content that we only store and transmit, we are liable to the extent that the EU law provides for services that store other people's content (Article 6 of Regulation (EU) 2022/2065).
9. Group conversation. A group is created for 3 to 8 people on the same flight, counting the person who creates it. You enter a group only yourself, with the "Join" button in the invitation. You can also decline or report the invitation. Only the person who created the group changes its name and members. The phone does not, however, check that the change really came from that person (§ 6 of the Privacy Policy), so the ban on impersonation (§ 5(2)(d)) also covers pretending to be the person who created the group. When that person leaves, nobody will be added or removed any more and the name will not change. The conversation goes on. You can leave a group at any time. Blocking a person in a group works only on your side: the rest of the group still sees that person. One exception: if you block the person who created the group, you leave that group at once, because only that person changes the group's members and name. A group name is subject to the same rules as messages (point 4). What stays on the phones from a group is described in § 6 of the Privacy Policy.
10. When we can block the author's Account. Conversations do not pass through our server (paragraph 2), so a report does not always tell us whose Account the author has. When a report reaches us, our server checks once whether the person named in the report is on the passenger list of that flight. It finds them only if that person opened the conversations while their phone had internet, and if the report reaches us before the cabin chat of that flight closes, that is, at the latest about 24 hours after the scheduled arrival. If the author's Account cannot be identified this way, we cannot apply a measure to their Account. What remains then is your own block of that person on your phone (paragraph 5). A blocked Account is signed out on all devices, cannot sign in again and will not get a pass to the chat on a later flight from us. A pass downloaded before the block may keep working until it expires (§ 7 of the Privacy Policy). The block does not interrupt a conversation that is going on board at that moment.

§ 7. REPORTING CONTENT, DECISIONS AND APPEALS

1. Anyone, including a person without an Account, may report content they consider unlawful. We accept such a notice at [email protected] (Article 16 of Regulation (EU) 2022/2065). A User can also report content faster, directly in the App (Settings → Help → Report a problem, and the report button next to a conversation). That form does not require all the elements listed in paragraph 2; if needed, we will ask for anything missing.
2. In a notice under paragraph 1, write: why you consider the content unlawful, which content it is about (flight, conversation, time), how to contact you, and add a statement that you are acting in good faith. You do not have to provide contact details if the notice concerns content related to child sexual abuse.
3. We confirm that the report has reached us, and we inform the reporting person of the decision. We handle reports on time, diligently, objectively and without arbitrariness. You see the status of a chat report, the decision and the appeal deadline in the App: Settings → Offline & privacy → Privacy and data → My chat reports. That screen also works without SkyWindow Plus; it is enough that you are signed in. If you have "Flight updates" turned on, you will also get a notification about the decision on your phone.
4. If we limit the visibility of content, remove it, suspend the Account or delete it, we provide a statement of reasons: on what basis we took the decision, what we established, whether we used automated tools and how you can appeal (Article 17 of Regulation 2022/2065). The App calls a suspension of the Account a block. When we block your Account, the App shows you the most important of this information when you try to sign in: since when the Account is blocked, for what reason, that a person made the decision, until when you can appeal and what your Account number is. We give the rest of the statement of reasons in our reply to your message (paragraph 5).
5. You can appeal against our decision in the App within 14 days of the time it was issued, regardless of when you read it. The decision shows the deadline, including the time. The appeal is handled by a human. If we have blocked your Account, you cannot sign in, so you cannot appeal in the App. In that case send your appeal by e-mail to [email protected] (the address the App shows; [email protected] leads to the same mailbox) within 14 days of the day of the block. Give your Account number in it. The App shows the number and the last day of that period, and if exceptionally it does not show one of them, write to us anyway. We will handle an appeal sent by the end of the last day of that period. At the same address you can also ask us to delete the Account (§ 12(1)).
6. If we suspect a criminal offence threatening someone's life or safety, we notify the police or the prosecutor's office (Article 18 of Regulation 2022/2065).
7. If someone frequently reports content in a manifestly unfounded way or publishes manifestly unlawful content, we may suspend their Account, but we will warn them first.

We are a small company (in legal terms: a micro or small enterprise). The EU law on digital services exempts such companies from some of the additional obligations placed on online platforms (Article 19 of Regulation 2022/2065 excludes Section 3 of that Regulation for us, including Article 20 on an internal complaint system and Article 21 on out-of-court dispute settlement). Despite that exemption, we give you the right of appeal in paragraph 5. It is our contractual commitment, in line with Apple's requirements (point 1.2 of the App Store review guidelines).
Poland does not yet have an office that supervises the application of this law (a digital services coordinator). The act that establishes it went through parliament in August 2026 and is awaiting the President's signature; the President of the Office of Electronic Communications (Prezes Urzędu Komunikacji Elektronicznej) is to become the coordinator. We will name them here once the act enters into force. Until then, for matters under that Regulation write directly to us: [email protected].

§ 8. SKYWINDOW PLUS - SUBSCRIPTION

1. SkyWindow Plus is an annual subscription that renews by itself (billing period 1 year; it cannot be shared with family through Family Sharing). It unlocks: boarding passes and flight updates, facts along the whole route with the full package for working without internet, facts read aloud in Polish and English, the cabin chat with fellow passengers (encrypted, also in groups), connections with the time between flights, a risk estimate and steps to follow at the airport, and sharing your flight card. You also see the scope on the purchase screen before you confirm. If it differed, the version on the purchase screen applies, and we will correct these Terms in accordance with § 14.
2. The sale is carried out by Apple. Payment, invoicing, renewal and refunds go through the App Store, on the Apple Media Services terms. The Service Provider has no access to your payment details.
3. You see the current price and the length of the period on the purchase screen in the App, before you confirm, in the currency of your store. We do not write the price into these Terms, because it depends on the country of the store, on the currency and on Apple's price list. After every change of the price list these Terms would be out of date until the next release of the App.
4. The subscription renews by itself for the next period, unless you turn off renewal at least 24 hours before the end of the current period. Apple takes the charge within 24 hours before the start of the new period.
5. You turn off renewal in the settings of your Apple account (iOS Settings → Your name → Subscriptions). The Service Provider cannot do this for you.
6. Deleting the App does not end the subscription. Deleting your SkyWindow Account also does not end the subscription in the App Store.
7. Today there is no trial period and no promotional offers. If we introduce them, you will see their terms on the purchase screen before you confirm.
8. To restore your purchase on another device, select "Restore purchases". Use the same Apple account and sign in to the same SkyWindow Account you used to buy the subscription.

Right of withdrawal (applies to Consumers)

9. As a Consumer you can withdraw from a contract concluded at a distance within 14 days of the day of purchase, without giving a reason (Articles 27 and 28(2) of the Polish Consumer Rights Act of 30 May 2014).
10. The right of withdrawal may not apply to you for paid digital content delivered without a physical medium (that is, over the internet), but only when three conditions are all met: before delivery started you expressly agreed to it, you had earlier been told that you would thereby lose the right of withdrawal and you acknowledged this, and you received a confirmation of the contract in a form you can keep (on a durable medium; Article 38(1)(13) of the Consumer Rights Act). This exception concerns digital content. We do not apply it automatically to the part of the Service that is provided continuously.
11. In practice: the subscription is sold by Apple, so you send your withdrawal statement to Apple - at reportaproblem.apple.com or in the purchase history of your Apple Account. Within the 14 days withdrawal is your right, not a request: you give no reason and you need no one's approval. If Apple's rules give you more time, you can use them. Apple's model withdrawal form and address are in the Apple Media Services terms (link in the Source materials). The form is not mandatory - one sentence saying that you withdraw from the contract is enough (Article 30(1) of the Consumer Rights Act). After the 14 days you can still ask Apple for a refund under Apple's rules - then the refund is Apple's decision.

A purchase in the App Store is run by Apple. It is Apple that receives the statements you make at purchase and handles refunds under the Apple Media Services terms. This does not limit your statutory rights: if in your situation the right of withdrawal applies, you exercise it towards Apple (paragraph 11). If you do not know whether the exception in paragraph 10 applies to your case, write to us. We will answer plainly.
The Service Provider is responsible for ensuring that digital content meets the contract, and we do not exclude that responsibility (Chapter 5b of the Consumer Rights Act; § 11(3)). You submit a complaint about this in accordance with § 9. Payments are run by Apple, so you request a refund from Apple at reportaproblem.apple.com, including after withdrawal and after an upheld complaint (§ 9(4)).

§ 9. COMPLAINTS

1. You submit a complaint to [email protected] or in the App (Settings → Help → Report a problem). The report also works without internet: it will be sent when the connection comes back, and you see its status in the "My reports" section.
2. In the complaint, describe the problem and give the App version and the device model (the App attaches them itself).
3. We reply within 14 days of receiving the complaint. If you are a Consumer and we do not reply within that time, the complaint is upheld.
4. Payments, subscription renewal and refunds are handled by Apple, so contact Apple about them. This also applies to a refund after withdrawal (§ 8(11)). If, however, SkyWindow Plus does not work as the contract promises, you submit the complaint to us (paragraph 1). If we uphold it, you may be entitled to a price reduction or a refund (Chapter 5b of the Consumer Rights Act). In both cases you also request a refund - of part of the price or all of it - from Apple at reportaproblem.apple.com.

§ 10. INTELLECTUAL PROPERTY AND USER CONTENT

1. The App, its code, its look, graphics, voice-over recordings and fact texts are protected by copyright. They belong to the Service Provider or to the companies we have a licence from.
2. You may use the App on devices linked to your Apple account, for your own private use. You cannot pass this right on to anyone else, and we give the same right to other users (in legal terms: a non-exclusive, non-transferable licence). We grant the licence on the terms of Apple's standard licence agreement for users (Apple Standard EULA, linked in the Source materials). These Terms supplement it with the rules for using the Service. We may take the licence away only when the contract is terminated in the cases described in § 12.
3. User Content remains yours. You do not transfer copyright to us.
4. By sending a proposal of a place, a fact or another contribution to the catalogue, you allow us, without payment, to save, copy, publish, translate and editorially correct that contribution in the App and in materials about it, worldwide. You keep your rights and you can give the same permission to someone else (in legal terms: a royalty-free, non-exclusive licence without territorial limits, covering fixation, reproduction, distribution, translation and editorial changes). The permission has no end date, because the contribution becomes part of the catalogue and of later releases of the App. If you withdraw your consent to the processing of the contribution (§ 4.8 of the Privacy Policy), we will not use it in new editions of the catalogue; in editions already published it stays.
5. We publish a public credit for a contribution only if you separately agree to it.
6. The permission in paragraph 4 does not cover messages in the cabin chat or the content of reports. We use a reported message only for the matters described in § 7.
7. By sending content, you declare that you have the rights to it and that it does not infringe the rights of other people.
8. The SkyWindow name and logo belong to the Service Provider. They may not be used without its consent.
9. The sources of data and maps and the licences for outside content are indicated in the App (Settings → Sources and licences).
10. The recordings of facts are produced by turning text into speech, with an outside company's tool, from our text. Some illustrations in the App were also produced with an artificial intelligence tool, on our instructions. The rights to this material and the responsibility for it are on our side.

§ 11. LIABILITY

1. The Service Provider provides the Service with care and tries to keep it running without interruption. We do not, however, promise a specific level of availability: in the consumer version we do not guarantee how much of the time the Service runs without interruption.
2. The Service consists of showing data that we receive from outside and of calculations based on that data. It does not include an assurance that the data matches reality. Nobody but the carrier can give such an assurance. Therefore, to the extent the law allows, the Service Provider is not liable for:
   • a) the correctness, completeness and timeliness of flight data coming from external providers and carriers;
   • b) the consequences of decisions taken solely on the basis of information from the App, in particular missing a flight, a transfer or check-in;
   • c) the content and consequences of conversations between Users;
   • d) the lack of a network on board, of the internet, of the App Store or of Apple services;
   • e) the consequences of a User giving untrue data and of sharing the Account with another person;
   • f) force majeure, that is, events that nobody can influence.
3. If you are a Consumer, we do not limit our liability more than the law allows. In particular, we are liable for damage caused intentionally, for personal injury, for the digital content not being in conformity with the contract, and for our own lack of care, including a failure to react to a credible report of unlawful content. If any part of paragraph 2 turned out to be an unfair term towards a Consumer, it does not bind the Consumer, and the rest of these Terms applies (Article 385¹ of the Polish Civil Code).
4. If you are not a Consumer, the liability of the Service Provider is limited to the sum of the fees you paid in the 12 months before the event and does not cover lost profits. This limit does not apply to damage caused intentionally, that is, on purpose or while knowingly accepting it (Article 473 § 2 of the Polish Civil Code).
5. The Service Provider does not archive your data. Backups serve to keep the Service running after a failure, not to restore data on request. Download the data you care about yourself (Settings → Your data).

§ 12. TERMINATION OF THE CONTRACT

1. You can terminate the contract at any time, without giving a reason: delete your Account in Settings or write to us (for example by e-mail to [email protected]). If you have no Account, it is enough to stop using the App and uninstall it. Uninstalling by itself ends use on the device, but does not delete an Account if you have one (§ 4(4)).
2. After submitting a request to delete your Account, you have 7 days to change your mind: until then you can cancel the request with a single button in the same section of Settings. After that deadline the request goes into execution. From that moment cancelling may no longer be possible, and once executed the data cannot be recovered.
3. The Service Provider may terminate the contract with 14 days' notice only for an important reason. An important reason is:
   • a) a breach of these Terms that is not gross but continues despite our warning;
   • b) a change in the law or a decision of a court or authority that prevents us from continuing to provide the Service to you;
   • c) a change in Apple's terms that prevents us from continuing to make the App available to you.

In the event of a gross breach of these Terms, especially of § 6(4), the Service Provider may terminate the contract immediately. It always gives reasons in accordance with § 7(4). If we terminate the contract for a reason under point b or c, we settle the unused part of a paid subscription proportionally, as in paragraph 5, and you request a refund from Apple at reportaproblem.apple.com.

4. Termination of the contract does not end the subscription in the App Store. You turn that off in accordance with § 8(5).
5. If we discontinue the whole Service, we will tell you at least 30 days in advance, so that you have time to download your data. We will settle the unused part of a paid subscription proportionally. You request a refund for the unused period from Apple at reportaproblem.apple.com.

§ 13. PERSONAL DATA

1. What we do with your data is described in the SkyWindow Privacy Policy, available in the App (Settings → Privacy policy), also without internet, and on the website https://skywindow.ai/en/privacy (Polish version: https://skywindow.ai/prywatnosc).
2. The company responsible for your data (its controller) is the Service Provider. We have not appointed a separate data protection officer. For personal data matters, write to [email protected].

§ 14. CHANGES TO THE TERMS

1. The Service Provider may change these Terms for a valid reason: a change in the law, a change in the scope of the Service, a change in Apple's requirements or technical changes.
2. We tell you about a change in the App at least 14 days in advance and say what is changing, why and from when. A change costs you nothing extra (Article 43p(2) and (3) of the Consumer Rights Act). If a change significantly worsens your access to the Service or your use of it, you will also receive this information in a form you can keep unchanged (on a durable medium), together with information about your right under paragraph 3 (Article 43q(1) of the Consumer Rights Act).
3. If you do not agree to a change, you can terminate the contract before the change takes effect. If a change significantly worsens your access to the Service or your use of it, you can terminate the contract immediately and free of any charge within 30 days of the change. If you received information about the change only after it happened, the 30 days run from the day you received it (Article 43q(2) of the Consumer Rights Act). Using the Service during this time does not take this right away from you. For the paid period you will no longer use, you are entitled to a refund of a proportional part of the fee (Article 43o(5) and (6) in conjunction with Article 43q(2) of the Consumer Rights Act). You request this refund from Apple at reportaproblem.apple.com. Turn off the subscription renewal in the App Store separately (§ 8(5)). For a significant change, the App will ask you to accept these Terms again. If you keep using the Service after the change takes effect, you accept the new text - but you can still terminate the contract within the deadline in this paragraph.
4. A change does not change the subscription terms for a period you have already paid for.

§ 15. FINAL PROVISIONS

1. Polish law applies to the contract. If you are a Consumer and permanently live in another country, you do not lose the protection that the mandatory rules of that country give you (Article 6 of the Rome I Regulation).
2. Disputes with a Consumer are decided by the court having jurisdiction under the Polish Code of Civil Procedure. Disputes with a User who is not a Consumer are decided by the court having jurisdiction over the registered office of the Service Provider.
3. Settling disputes without a court. As a Consumer you can use:
   • a) mediation at the provincial inspectorate of the Trade Inspection;
   • b) the permanent arbitration court at the provincial inspectorate of the Trade Inspection;
   • c) the help of a district (municipal) consumer ombudsman or of a social organisation that protects consumers;
   • d) the free UOKiK consumer helpline: 801 440 220 and the website https://polubowne.uokik.gov.pl.

The Service Provider does not agree to take part in out-of-court proceedings. We say this outright so that you know from the start that this route requires the consent of both parties, and we do not give ours. It closes no other route for you: you can still submit a complaint to us (§ 9), ask a consumer ombudsman for help and go to court.

4. Apple. You conclude the contract with the Service Provider, not with Apple. Apple is not a party to it and is not liable for the App or its content. Apple and the companies in its group may, however, rely on this contract and require you, as a User, to comply with it. If these Terms conflict with the Apple Media Services terms or the App Store guidelines, the Apple terms prevail as regards distribution and payments.
5. Language versions. We make these Terms available in the languages the App supports. You are bound by the version in which the App showed you these Terms, that is, the version in the language of the App. If we do not yet have a translation for your language, the App shows the English version and that is the one that binds you. Every translation is meant to mean exactly the same. If you nevertheless notice a difference between the versions, write to us. We will correct the translation, and as regards you the version we showed you binds anyway.
6. If any provision of these Terms turns out to be invalid, the remaining ones still apply.
7. In matters these Terms do not describe, the Polish Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act and Regulations (EU) 2016/679 and 2022/2065 apply.
8. These Terms enter into force on the day the App with this version of them is published in the App Store. The "Last changed" date at the beginning of these Terms shows when we updated the text.

Source materials

• Data providers: times, gates and statuses - AeroDataBox (through the intermediary api.market); the trace of the actual flight - OpenSky Network and adsb.lol; maps, borders, terrain elevation and Earth imagery - OpenStreetMap, Natural Earth, Copernicus DEM and NASA.
• A device with the system protections removed: so-called jailbreak.
• Technical identifiers: App pl.skywindow.app, Apple Watch app pl.skywindow.app.watchkitapp, server api.skywindow.ai, SkyWindow Plus subscription in the App Store pl.skywindow.plus.annual
• The Polish Act on Providing Services by Electronic Means of 18 July 2002, Article 8 (ustawa o świadczeniu usług drogą elektroniczną)
• The Polish Consumer Rights Act of 30 May 2014, Articles 27, 28, 30 and 38 (ustawa o prawach konsumenta)
• Apple Media Services Terms and Conditions (right of withdrawal, model form; choose your country)
• Regulation (EU) 2022/2065 (DSA), Articles 11-19
• Regulation (EU) 2024/1689 (AI Act), Article 50 - transparency obligations applying from 2 August 2026
• Apple App Store Review Guidelines, points 1.2, 3.1.2, 5.1.1
• Apple Standard EULA
• Apple Developer Program License Agreement, Schedules 1 and 2
• Out-of-court settlement of consumer disputes