Legal

End-User Licence Agreement (EULA)

Last updated: 2026-07-11

This End-User Licence Agreement ("Agreement") is a legal agreement between you (the "user") andPeter Burgener, sole proprietor, Derflibach 3, CH-3855 Schwanden bei Brienz, Switzerland ("we", "us", the "Provider"), the developer and licensor of the Aperiluxmobile application and its related content, data and services (together, the "App"). Contact:legal@aperilux.app.

This Agreement governs your use of the App. It is concluded between you and the Provider only, and not with Apple or Google. Your purchase and download of the App are also subject to the terms of the store you obtained it from (the Apple App Store or Google Play).

1. Acceptance

By downloading, installing or using the App, you agree to this Agreement. If you do not agree, do not install or use the App. If you are under the age of digital consent in your country (16 in several EU countries, lower in others), you may use the App only with the consent and supervision of a parent or guardian.

2. Licence grant

We grant you a personal, limited, non-exclusive, non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple App Store Terms of Service, and on any Android device that you own or control, as permitted by the Google Play Terms of Service, for your own personal or internal use. This is a licence, not a sale; we and our licensors retain all rights not expressly granted.

3. Licence restrictions

Except to the extent applicable law forbids the restriction, you must not: copy the App except as permitted by this licence; distribute, sublicense, rent, lease, lend or sell the App; reverse engineer, decompile or disassemble the App or attempt to derive its source code; remove or alter any proprietary notices; use the App to build a competing product or dataset; scrape, bulk-extract or resell the data the App provides; or use the App in violation of any applicable law or of the applicable store's terms.

4. Purchases, subscriptions and billing

The App offers a free tier and paid tiers ("Pro", a one-time purchase, and "Pro+", a subscription).All purchases, renewals, refunds and billing are processed by the applicable app store (Apple or Google) under that store's terms, not by us. Subscriptions renew automatically until cancelled; you manage or cancel them in your app-store account settings. Prices, tiers and feature availability may change and may differ between platforms; changes do not affect a one-time purchase already made. Any statutory withdrawal/refund rights you have as a consumer are administered by the store.

5. The data the App provides — planning aid only, no reliance

The App exists to help you plan photography and related outdoor activity. It computes and displays information such as sun, moon and Milky-Way positions and times, golden- and blue-hour and twilight timings, sun-angle and light calculations, weather forecasts and conditions, a drone-oriented "flyability" or suitability indication, route and location planning and GPX export.All of this is provided for planning and general-information purposes only. You agree to the following, which are fundamental to this Agreement:

5.1 "As is", no warranty of accuracy. All data, forecasts, ratings, calculations and content in the App are provided "as is" and "as available", with all faults and without warranty of any kind, whether express or implied, including any implied warranty of accuracy, completeness, timeliness, reliability, merchantability or fitness for a particular purpose. We do not warrant that any information is or will be correct, complete or up to date.

5.2 Forecasts and predicted conditions may not occur. Weather and astronomical outputs are predictions and estimates derived from third-party data and mathematical models. We make no warranty that any predicted condition will actually occur or occurred as shown. If the App indicates clear skies, sunshine, a particular light or a particular Milky-Way window and the actual weather or sky differs — for example it rains, clouds over, or conditions change — that is an inherent limitation of forecasting and nota defect in the App or a breach of this Agreement.

5.3 Drone / flight suitability is advisory only — you are the pilot in command.Any "flyable", "not flyable", suitability, wind or drone-weather indication is anon-binding, informational aid only. You alone are the pilot in command and are solely responsible for the decision whether to fly and for the safe operation of your aircraft. Actual conditions — in particular wind, gusts, turbulence, precipitation, temperature and visibility — can differ from any indication in the App and can change rapidly. We are not responsible for any loss of, or damage to, a drone or other aircraft, its payload, or any other property, and not for any injury, arising from your decision to fly, including where the App indicated conditions were suitable and the aircraft was lost or damaged (for example due to wind gusts). Before every flight you must obtain and rely on official aviation weather and airspace information and comply with §5.5.

5.4 Astronomical and sun-angle calculations are computed estimates. Sun, moon and star positions, angles, azimuths, elevations and timings are calculated approximations. They depend on the accuracy of your location, your device's clock and sensors, elevation and horizon data, and the underlying models, and they may differ from reality. Do not rely on them where a precise or safety-critical result is required.

5.5 Not a substitute for official sources; your legal responsibility. The App isnot a substitute for official or authoritative sources. Before acting on any information in the App you must consult and follow, as applicable: official weather services and warnings; official aviation weather briefings, airspace information and NOTAMs; and any required flight authorisations. You are solely responsible for complying with all applicable laws and regulations, including drone/UAS rules (such as EASA and national civil-aviation regulations), no-fly zones and permit requirements, and laws on land access, trespass, privacy and nature protection at the locations you visit.

5.6 Field safety. Planning in the App does not make any location, route, tide, terrain, weather or time safe. You are responsible for your own safety and that of others, and for assessing real conditions on site.

6. Assumption of risk

You use the App, and act on the information it provides, at your own risk. You assume all responsibility and risk for your use of the App and for any decision you make in reliance on it.

7. Disclaimer of warranties

To the maximum extent permitted by applicable law, and in addition to §5, the App and all related services and content are provided "as is" and "as available" without warranties of any kind, and we disclaim all implied warranties. We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected. No advice or information obtained from the App creates any warranty not expressly stated here. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of these exclusions may not apply to you.

8. Limitation of liability

8.1 To the maximum extent permitted by applicable law, we (and our suppliers and licensors) will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of or damage to equipment (including any drone or aircraft and its payload), loss of data, loss of profit, loss of opportunity, wasted expenditure or wasted travel, arising out of or relating to the App or your use of or reliance on it, even if we have been advised of the possibility of such damages.

8.2 To the maximum extent permitted by applicable law, our total aggregate liability for all claims relating to the App will not exceed the greater of (a) the amount you actually paid for the App in the twelve (12) months before the event giving rise to the claim, or (b) CHF 50.

8.3 What is not excluded. Nothing in this Agreement excludes or limits our liability where it may not lawfully be excluded or limited. In particular, nothing here excludes or limits liability for death or personal injury, for damage caused by unlawful intent or gross negligence, for liability under mandatory product-liability law, or for any other liability that applicable law does not allow to be limited.If you are a consumer, this Agreement does not affect any mandatory consumer-protection rights you have under the law of your country of residence that cannot be waived by contract.

9. Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from any third-party claim, loss or expense arising from your breach of this Agreement, your misuse of the App, your operation of any aircraft or equipment, or your violation of any law or third-party right. This does not apply to the extent the claim results from our own gross negligence or intent.

10. Intellectual property

The App, its software, design, text, graphics and the "Aperilux" name and logo are owned by us or our licensors and are protected by law. Except for the licence in §2, no rights are granted to you. Third-party components and data are used under their own licences and remain the property of their owners (see §11).

11. Third-party data and services

The App relies on third-party data and services (including weather data providers, mapping and astronomical data). Such data is subject to its providers' terms and accuracy limitations, and we do not control and are not responsible for it. Your use of third-party features may be subject to those third parties' terms.

12. Privacy

Our handling of personal data is described in the Aperilux Privacy Policy, which forms part of your use of the App.

13. Updates, changes and availability

We may update, change, suspend or discontinue the App or any feature at any time, and may update this Agreement. If we make a material change to this Agreement, we will indicate it by the "last updated" date and, where appropriate, by an in-app notice. Your continued use after a change takes effect means you accept the updated Agreement. We do not guarantee that the App or any feature will remain available.

14. Termination

This Agreement applies until terminated. Your licence ends automatically if you breach it, and you may end it by deleting the App. Sections that by their nature should survive (including §§5–11, 15–17) survive termination.

15. Maintenance and support

We — not Apple or Google — are solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services in relation to the App. For support, contact us atsupport@aperilux.app.

16. Warranty and refund of the store price

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed above. If the App fails to conform to any applicable warranty, an Apple App Store user may notify Apple, and Apple may refund the purchase price of the App (if any) to that user; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our responsibility, not Apple's.

17. Apple App Store — additional terms

Where you obtained the App from the Apple App Store, the following also apply:

17.1 Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of it, including: product-liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer-protection, privacy or similar legislation, including in connection with the App's use of any frameworks.

17.2 Intellectual-property claims. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual-property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

17.3 Legal compliance. You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist-supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

17.4 Developer name and address. Questions, complaints or claims about the App should be directed to us at Peter Burgener, Derflibach 3, CH-3855 Schwanden bei Brienz, Switzerland,legal@aperilux.app.

17.5 Third-party terms. You must comply with applicable third-party terms of agreement when using the App.

17.6 Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

18. Google Play

Where you obtained the App from Google Play, the Google Play Terms of Service and the store's Usage Rules apply to your download and use. The Apple-specific terms in §§15–17 that refer to Apple as beneficiary or refund provider do not apply to the Google Play version; the substantive terms of this Agreement otherwise apply in full.

19. Governing law and jurisdiction

This Agreement is governed by the substantive law of Switzerland, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts at our domicile in Switzerland have jurisdiction. This choice of law and jurisdiction does not deprive you, if you are a consumer, of the protection of the mandatory provisions of the law of your country of habitual residence, and mandatory consumer-jurisdiction rules that apply to you are unaffected.

20. General

If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is applied to the maximum extent permitted. Our failure to enforce a provision is not a waiver. You may not assign this Agreement; we may assign it in connection with a transfer of the App or our business. This Agreement, together with the store terms, the Privacy Policy and any in-app notices, is the entire agreement between you and us regarding the App.

21. Contact

Peter Burgener, Derflibach 3, CH-3855 Schwanden bei Brienz, Switzerland.
General: hello@aperilux.app · Support: support@aperilux.app · Legal: legal@aperilux.app · Privacy: privacy@aperilux.app