AVIOFILE App Terms of Use

1. Who we are and what these Terms cover

AVIOFILE is a service for keeping in order a pilot's logbook, an aircraft's records and deadlines, bookings, shared costs and, for clubs and schools, members and training. It is available as an app (iOS, Android) and as a web app (app.aviofile.com).

The service is provided by DIMMA S.r.l. ("AVIOFILE", "we", "us"), Via Roma 84/A, 37060 Castel d'Azzano (VR), Italy, VAT no. 03650380235, certified email (PEC) dimma@pec.it, REA no. VR 353748, share capital € 10,000.00.

These Terms are the contract between you and us for the use of the app. By creating an account, or by ticking the acceptance box, you confirm that you have read and accept them. If you use AVIOFILE on behalf of an organisation (a co-owners' group, a club, a school, a workshop), you confirm that you have authority to accept them for it. How personal data is processed is explained in the app's Privacy Notice, which is referred to here for information only.

2. The closed preview

AVIOFILE is currently in a closed preview: access is by invitation and the service is still under development. This means that:

• some features may change, move or be withdrawn; there may be errors, interruptions and slowdowns;
• the app is translated into 32 languages and not all translations have been reviewed by native speakers;
• please report problems to support@aviofile.com; we may use your reports to improve the service, without any obligation to pay or to credit you.

For this reason, during the preview we make no availability commitments (service levels), and we advise you not to rely on AVIOFILE as the only place where important information is kept: always keep a copy of your official documents and records (see art. 9) and use the data export function (art. 12).

3. Your account

• You need an account to use AVIOFILE, with email and password or with "Continue with Apple" or "Continue with Google". Passwords are handled by our sign-in provider: we do not see them.
• You must be at least 16 years old and provide correct and up-to-date information. If you are under 18 you may use AVIOFILE only with the agreement of a parent (or guardian), and purchases are made by an adult; if you are 14 or 15, only through a school that has collected parental authorisation.
• You must keep your credentials confidential and you are responsible for what happens with your account. Tell us at once at support@aviofile.com if you suspect unauthorised use.
• An account is personal: it cannot be transferred or shared. Each person in a group or a school has their own.
• If you register or manage an organisation, art. 5 also applies.

4. Free preview and its end

1. The preview is free until 06/04/2027 (the "Founders' Preview"): until that date you may use all the features of the app free of charge, including those that may later be part of paid plans. During the preview the app does not allow payments and we do not ask for cards or other payment methods.
2. At least 30 days' notice. Before any feature becomes paid, or prices appear, we will notify you by email and in the app at least 30 days in advance, saying which features stay free, which become paid and at what prices. You will not be charged anything without your explicit choice: a free preview does not renew automatically and no payment method is required to sign up.
3. No data is deleted at the end of the preview. If you do not choose a paid plan, your data stays in your account and you can still view and export it. Some features may no longer be available, or some free-plan usage limits may apply; even then you never lose data you have already entered and you can always export it.
4. The terms of any purchase (price, duration, withdrawal, renewal) will be shown before you buy and may include additional conditions. For purchases made through the App Store or Google Play, the store's rules also apply.
5. Any discounts or conditions reserved for people who sign up during the preview will be described in a separate communication and apply only as stated there.

6. In-app purchases (App Store, Google Play). Subscriptions bought in the app are sold by the store (Apple Distribution International or Google Commerce Limited), not by DIMMA: the store collects the price, applies the VAT of your country, sends the receipt and handles renewals, cancellations and refunds under its own rules. To cancel or request a refund use the store's subscriptions page; AVIOFILE shows you the status and the link. For these purchases DIMMA issues no invoice or receipt and asks for no billing data.
7. Direct contracts with DIMMA (clubs, schools, businesses; later card payments on the website). The seller is DIMMA S.r.l., Via Roma 84/A, 37060 Castel d'Azzano (VR), Italy, VAT IT03650380235. Billing data (private person, business or body) are asked only for these contracts. Italian businesses and bodies receive the electronic invoice through the Exchange System (SDI); a private person receives it if they ask before paying, giving their tax code. After every payment you receive by email a payment confirmation (non-fiscal document) with price, period, renewal and how to cancel. Renewal, notice and cancellation are those stated in the offer or the contract.
8. Consumer right of withdrawal. If you buy a direct contract online as a consumer (a natural person acting for purposes outside a trade or profession), you may withdraw within 14 days of its conclusion, without giving a reason, with the online withdrawal function or by writing to billing@aviofile.com; you receive confirmation of the withdrawal on a durable medium. If you asked for the service to start immediately, we refund the unused part (Arts. 52 and 57 of the Italian Consumer Code).

9. Renewal and cancellation. Subscriptions renew automatically at the end of each period (month or year) until you cancel. You can cancel at any time: in the store for in-app purchases, in the payments portal of the web app for website purchases; cancellation takes effect at the end of the period already paid and the service stays active until then. For subscriptions bought on the website we email you, at least 30 days before the deadline for cancelling, a reminder with the renewal date, the price and how to cancel (Art. 65-bis of the Italian Consumer Code); if you do not receive it, you may terminate at any time at no cost.
10. Price changes. We may change the price of a subscription only for the reasons listed here: higher supplier costs (infrastructure, stores, payments), inflation, new taxes, or new features included in the plan. A new price never applies to a period already paid: it applies from the next renewal and is notified at least 30 days in advance (60 for organisations with a direct contract), by email and in the app. If you disagree you can cancel before renewal at no cost. For in-app purchases the store may ask you to confirm the new price: if you do not, the subscription does not renew. A change in VAT may change the final price within the limits of the law.
11. Refunds. In addition to withdrawal under point 8: if we close the service, remove an essential feature of your plan or change these Terms to your disadvantage and you terminate for that reason, we refund the paid and unused part of the period (website purchases). For in-app purchases refunds are decided by the store: we help you request them.

5. Organisations, roles and responsibility of those who invite

An organisation (co-owners' group, club, school, workshop) is a shared space with its own members, aircraft, records, documents and accounts. Whoever creates an organisation becomes its administrator. Administrators:

• invite members (by email or link) and assign roles (for example administrator, pilot, instructor, student, maintenance, read-only) that determine what each person can see and change. The app enforces permissions, but the choice of whom to invite and with which role belongs to the administrators;
• warrant that they have the right to enter in AVIOFILE the data of members and of other persons, that they have a legal basis for doing so and that they have informed the people concerned where required (art. 7);
• are responsible for what the organisation uploads and records in the app, including documents about members and students, training records, receipts and accounts between members;
• if they keep health data or identity documents of members, must do so only where necessary and for as long as necessary, and comply with data protection law.

A person who is invited may decline. When a person leaves an organisation, or deletes their account, part of the information remains in the organisation's and the aircraft's records, as explained in the Privacy Notice and in art. 12.

Our relationship with you for members' data. For data that an organisation enters about its members, the organisation decides the purposes and we provide the platform and process the data on its instructions and under these Terms. The detailed terms of that relationship (Art. 28 GDPR) are in Annex A, which administrators accept on behalf of the organisation in the app or in the direct contract; until then these Terms and the Privacy Notice apply.

Payments between members. AVIOFILE keeps the accounts (costs, shares, balances, prepaid wallets) and generates non-fiscal receipts: they are not an invoice or a till receipt and do not replace the organisation's accounting and tax documents. Unless expressly stated otherwise, AVIOFILE does not collect or transfer money between users.

6. Your content and the licence you give us

• All data, documents, photos and texts you enter ("Content") remain yours (or their respective owners'). We do not acquire ownership.
• You grant us a non-exclusive, free licence, limited to what is needed to provide the service to you, to store, copy (including in backups), process, display and transmit Content to the people to whom you or your organisation choose to give access, and to perform the functions you request (for example PDF or CSV export, logbook import or notifications). The licence lasts while the Content is in the app and, for backups and for records that the law or the organisation requires, for the time explained in the Privacy Notice.
• We do not use your Content for advertising or to train artificial intelligence models, and we do not sell it. We may derive aggregated and anonymous data about how the service is used in order to improve it.
• You confirm that you have the right to upload the Content and that it does not violate the law or the rights of third parties.
• The "Ci pensiamo noi" ("We'll take care of it") function, where available, lets you send photos or files of a logbook or technical log so that our authorised staff transcribe them by hand: details and privacy information are in the Privacy Notice.

7. Data about other people

In the app you will enter data about other people: a flight's crew, co-owners, students and instructors, maintenance staff, members. For data you enter in your personal logbook and in the records you take part in, you decide what to enter; enter only what is relevant and what you may lawfully record. Do not upload photos or documents with third-party data that you do not need. If you are an organisation administrator, the duties in art. 5 also apply. If a person asks you to correct or remove data about them, cooperate with them and with us (privacy@aviofile.com).

8. Acceptable use

Use AVIOFILE in compliance with the law and with others' rights. In particular, you must not:

• enter unlawful, false or misleading content, or data you know to be inaccurate in order to deceive others or an authority;
• access or try to access other users' or other organisations' data, or bypass permissions, usage limits or security measures;
• interfere with the service (attacks, overload, malware) or reverse engineer it, except as the law allows;
• extract data automatically (scraping) or use the service to send unsolicited messages;
• create multiple accounts or organisations to get around limits, plans or free trials (to prevent abuse we keep a non-reversible fingerprint of the email address: see the Privacy Notice);
• use the service for activities that put people at risk, such as using the app's data as the only source for deciding whether a flight is safe (art. 9);
• upload files you have no right to (for example copyrighted manufacturer manuals, to share with others) or health data of other people without a legal basis.

8a. Reporting illegal content

If you find content in AVIOFILE that you consider illegal (for example a document uploaded without permission, someone's data entered without a right to do so, a harmful file), report it to abuse@aviofile.com stating where it is, why you consider it illegal, your name and email and a statement that the report is made in good faith. We confirm receipt, decide diligently and tell you the outcome. If we remove or block your content or restrict your account, we explain the reason and how to contest the decision (Regulation (EU) 2022/2065, "DSA", Arts. 16-17). Single point of contact for authorities and users: abuse@aviofile.com, in Italian or English (Arts. 11-12 DSA).

9. AVIOFILE is not a certified system and does not replace official documents

This article is essential. Please read it carefully.

1. AVIOFILE is an organisation and reminder tool. It is not approved, certified or recognised by EASA, ENAC or any other aviation authority, and it is not a continuing airworthiness management system, an official record, or on-board or navigation software.
2. It does not replace official documents. The pilot's logbook, the aircraft's technical log (QTB), maintenance records, airworthiness and release-to-service certificates, licences and medical certificates, training records and every other document required by regulation remain the responsibility of the user, the owner and the operator (and, for training, of the training organisation), who must keep them in accordance with the applicable rules, in the required format and with the required signatures. An entry in AVIOFILE does not by itself satisfy a record-keeping obligation.
3. Exports (for example the logbook PDF in the layout of EASA logbooks, or CSV files) are copies of data that you or your organisation entered: "EASA format" refers only to the column layout, not to an approval. Check them before presenting them to an authority, an insurer or an examiner.
4. Deadlines, alerts, calculations and suggestions (for example licence and medical expiry, currency, remaining hours of a component, suggested maintenance programmes, balances and cost splits) depend on the data entered, which may be incomplete or wrong, and on rules that may not cover your specific case. They are aids, not checks of legality or airworthiness. Reminders and notifications may be late, may not arrive, or may not be read.
5. The decision to fly, to let others fly, and to declare an aircraft fit always rests with the pilot, the owner, the operator and the authorised maintenance staff, on the basis of official sources and original documents. Always check critical data at the source.
6. We do not guarantee that the app is suitable for any particular aeronautical purpose, or that calculated data is correct, complete or up to date.
7. Maintenance and airworthiness. Maintenance programmes, hours and due dates shown or suggested by the app (including those taken from the manufacturers' catalogue or EASA data sheets) are not the aircraft's approved or declared maintenance programme and do not replace the manufacturer's instructions for continued airworthiness, airworthiness directives, or the work of the continuing airworthiness organisation (CAMO/CAO) or of authorised maintenance staff. In case of any difference, official documents and the manufacturer's instructions always prevail. The owner or operator remains responsible for continuing airworthiness.
8. Catalogue, manuals and third-party data. The AVIOFILE catalogue (models, components, aerodromes, EASA data sheets, references to manuals) uses public third-party data, which may be outdated or incomplete. Manufacturers' manuals remain the property of their owners: AVIOFILE indicates the source or link and does not distribute them as its own.

10. Availability and changes to the service

We do our best to keep AVIOFILE available and secure, but during the preview the service is provided "as is" and without any guarantee of uninterrupted or error-free operation. We may suspend the service for maintenance or security reasons, with notice where possible. We may improve, change or withdraw features; if a change significantly affects you, we will tell you in advance and, where the app allows, give you time to export your data.

Changes to the service. Beyond what is needed to keep it in conformity and secure, we may change the service only for a valid reason: adapting it to laws, aviation rules or requests from an authority; security; changes by suppliers, stores or operating systems; improving or reorganising features; removing features that are rarely used or too costly to maintain. A change costs you nothing extra (prices change only under art. 4, point 10). If a change reduces, more than marginally, what you can do with your paid plan, we tell you by email at least 30 days in advance, saying what changes and when, and you may terminate free of charge within 30 days of the notice or of the change, whichever is later, with a refund of the paid and unused part (art. 4, point 11); this right does not apply if we let you keep the previous version at no extra cost (Directive (EU) 2019/770, Art. 19). In any case we give you time to export your data.

The statutory conformity guarantees for digital content and digital services owed to consumers remain unaffected.

11. Liability

1. Nothing in these Terms excludes or limits our liability for wilful misconduct or gross negligence, for death or personal injury, or in any other case where the law does not allow liability to be excluded or limited, nor your mandatory rights as a consumer (including those under the rules on liability for defective products, which also cover software).
2. To the extent the law allows, and subject to point 1: (a) we are not liable for indirect damage or for loss of profit or opportunity; (b) we are not liable for damage arising from data entered, omitted or changed by users or organisations, from decisions taken on the basis of data in the app, or from use of the app contrary to art. 9; (c) we are not liable for events beyond our reasonable control (network failures, supplier or app-store failures).
3. If you are a consumer, for damage other than that in point 1 we are liable under the law applicable to your case. If you act as a professional or for an organisation (for example as a school, club, operator or instructor), our total liability to you, per event and in aggregate, is limited to the greater of EUR 100 and the amounts you paid AVIOFILE in the previous 12 months.
4. You are liable to us and to other users for damage you cause with unlawful content or use contrary to these Terms.
5. Users that are organisations are responsible for the actions of their members and for the data the organisation uploads.
6. Security and incidents. We protect data with the measures described in the Privacy Notice (art. 13). If a personal data breach affecting you occurs, we inform you and the authorities as the law requires (Arts. 33-34 GDPR) and cooperate with your organisation. An attack by third parties does not exclude our liability if we had not taken appropriate measures. Subject to point 1, we are not liable for damage caused by credentials you shared or did not protect.

12. Suspension, account closure and data export

• You can stop at any time. To delete your account use the Delete account option in the account settings of the app. We check that deletion will not leave other people in difficulty (for example if you are the only administrator of an organisation with other members, or you hold a share in an aircraft or have an open balance): in that case we tell you what to do first. After you confirm, the account is blocked and, for 14 days, you can change your mind by signing in again and cancelling the deletion; after that, personal data is deleted or pseudonymised.
• What remains. Some information stays in records shared with other people or that serve as the record of an aircraft, school or organisation (for example flights, maintenance records, signed training records, accounts and receipts); in those cases your name is generally replaced by "Removed user", with the exceptions and periods explained in the Privacy Notice.
• Export your data at any time with the Export my data option: you receive an archive with your profile, logbook (also as CSV and PDF), consents, licences and other personal data. You can also export during the 14-day waiting period. We do not delete your personal logbook unless you ask us to, nor at the end of the preview.
• We may suspend or close an account that seriously breaches these Terms (for example unlawful use, attempts to access others' data, abuse of the service, security risk), with notice where possible and, unless there is an immediate risk, giving you the chance to export your data and to explain. If we close an account through no fault of yours, we will give you reasonable notice.
• How we suspend. Before closing an account we use lighter measures where they are enough: a warning, suspending a feature, blocking a piece of content. We tell you the reason and the rule breached; you can reply to support@aviofile.com and a person reviews the decision. Organisations do not lose their members' data because a single account is suspended.
• End of the service. If we decide to discontinue AVIOFILE, we will give you at least 90 days' notice and you can export your data. We refund the paid and unused part of subscriptions bought on the website; store subscriptions stop renewing and we tell you how to ask the store for a refund. After closure data is deleted as described in the Privacy Notice, except what the law requires us to keep.
• If a user dies or can no longer manage the account. A family member, heir or other entitled person may write to privacy@aviofile.com with supporting documents: we can close the account, hand over a copy of the personal logbook or start the transfer of an aircraft share under the app's rules, within the limits of Art. 2-terdecies of the Italian Privacy Code and of any instructions the person left.
• Articles that by their nature must survive (liability, intellectual property, governing law) remain valid after the relationship ends.

13. Intellectual property

The app, its code, the AVIOFILE trade mark, the design and the original texts belong to us or our licensors. We grant you a personal, non-exclusive, non-transferable, revocable right to use the app for the purposes of these Terms. We do not grant any other rights. Any open-source components remain subject to their own licences.

14. Changes to the Terms

We may change these Terms only for one of these reasons: new laws, court decisions or requests from an authority; new rules of the stores or payment providers; new features or plans, or withdrawn features (art. 10); security or abuse prevention; clarifying unclear wording or correcting errors.

1. Changes to your disadvantage (new obligations, fewer rights, prices under art. 4, point 10) are notified at least 30 days before they take effect (60 for organisations with a direct contract), by email and in the app, with a summary of what changes and links to the new and the old text.
2. Express acceptance. From the effective date the app asks you to accept the new version; until you do, you can still export your data and delete your account. Silence is not acceptance.
3. If you disagree you may terminate at no cost: we refund the paid and unused part of subscriptions bought on the website (art. 4, point 11).
4. Neutral or favourable changes (corrections, clarifications, new rights) may take effect immediately, with a notice in the app.
5. Record. We keep every published version of the Terms with its date and record which version you accepted, when and from which app; you can ask us at any time for the text you accepted.
6. Changes do not affect periods already paid or relationships already closed.

15. Governing law, jurisdiction and consumer protection

• These Terms are governed by Italian law. If you are a consumer resident in another EU country, the mandatory consumer-protection rules of the country where you live remain unaffected.
• If you are a consumer, you may bring proceedings before the courts of the place where you reside or are domiciled, if in a Member State of the European Union; for Italy the consumer's forum applies (art. 66-bis of the Italian Consumer Code). We may bring proceedings against you only before the courts of the place where you reside.
• If you are not a consumer (professional, organisation), the Court of Verona has exclusive jurisdiction over any dispute.
• Before going to court, please write to us: we try to resolve every complaint within 30 days. Consumers may also use the out-of-court dispute resolution mechanisms provided by law.

16. Final provisions

• Languages. The app is translated into 32 languages for convenience. The reference text is the Italian one; this English text and the other translations are courtesy translations and, in case of discrepancy, the Italian text prevails.
• If a clause is invalid, the others remain valid.
• Assignment. You may not assign your account. We may assign the contract to whoever takes over the service (for example on a sale of the business), giving you notice; in that case you may export your data and close the account.
• These Terms, together with the Privacy Notice and, for organisations, Annex A, are the entire agreement between you and us on use of the app.

16a. Specifically approved clauses (professionals and organisations only)

If you are not a consumer, under Arts. 1341 and 1342 of the Italian Civil Code you specifically approve, by signing the order or with the separate tick box the app asks you for: art. 4, point 10 (price changes); art. 10 (changes to the service); art. 11, points 2, 3 and 6 (limitations of liability); art. 12 (suspension and closure of the account); art. 14 (changes to the Terms); art. 15, third point (exclusive jurisdiction of Verona); art. 16, assignment.

17. Contact

• Support and reports: support@aviofile.com
• Privacy and data rights: privacy@aviofile.com
• DIMMA S.r.l., Via Roma 84/A, 37060 Castel d'Azzano (VR), Italy — VAT and tax code 03650380235 — REA VR 353748 — Share capital € 10,000.00 — PEC dimma@pec.it

Annex A — Conditions for organisations and data processing agreement (Art. 28 GDPR)

Published separately when it is offered to organisations (clubs, schools, operators). It covers: subject matter, duration, nature and purpose of the processing; categories of data and data subjects; instructions; confidentiality of authorised staff; security measures; sub-processors (Amazon Web Services, EU region Frankfurt), with 30 days' notice of new ones; assistance with data-subject rights; notice of personal data breaches within 48 hours; return and deletion of data at the end of the relationship; audits.