1. Purpose and acceptance
These terms of use (the "Terms") govern the use of the Fofly mobile application (the "App"), published by FOFLY SAS, a company with its registered office at 5, rue Giay, 13007 Marseille, France, registered under number 103 555 090 R.C.S. Marseille ("Fofly", "we").
By downloading, installing or using the App, you accept these Terms. If you do not accept them, please do not use the App.
2. Description of the service
Fofly is a travel companion designed for anxious air passengers. The App notably offers:
- tracking of your flights (status, schedule) and personalized weather and turbulence reports per journey;
- audio courses explaining aeronautics and providing psychological support;
- breathing exercises (cardiac coherence) and relaxing music;
- a fear-of-flying assessment questionnaire with personalized recommendations;
- jet lag management tips.
3. Account
An anonymous account is created automatically the first time you open the App, without any sign-up. This account is tied to your device. You are responsible for access to your device and for the use of the App made from it.
You may delete your account at any time (see the Delete your Fofly account page).
4. Free and paid offering
The App is free to download. Some features are paid:
- Credits: consumable credits unlock weather and turbulence reports (1 credit = 1 report). A credit may be offered for free, in particular after completing the questionnaire.
- Subscriptions: monthly or annual subscriptions give access to the App's premium features for the subscribed period.
Applicable prices are displayed in the App before any purchase. They may vary depending on your country.
5. Subscriptions, renewal and cancellation
Purchases and subscriptions are made and billed exclusively through your App Store (Apple) or Google Play account. The following conditions apply:
- Subscriptions renew automatically at the end of each period (monthly or annual) at the then-current price, unless cancelled at least 24 hours before the end of the current period.
- You can manage and cancel your subscriptions at any time in your App Store or Google Play account settings. Uninstalling the App or deleting your Fofly account does not cancel a subscription.
- Refund requests are handled by Apple or Google in accordance with their own terms.
- Consumed credits are non-refundable.
In accordance with the rules applicable to digital content supplied immediately, you acknowledge that the service is provided as soon as the purchase is made and, where applicable, waive your right of withdrawal to the extent permitted by law.
6. Important notice — not a medical device
Fofly is an information and well-being tool. The App, its audio content and its recommendations are neither a medical device, nor a treatment, nor medical or psychological advice. They are no substitute for consulting a healthcare professional. If you suffer from severe anxiety, panic disorder or any medical condition, please consult a qualified healthcare professional.
7. Flight and weather information
The flight, weather and turbulence information displayed in the App comes from third-party sources and is provided for informational and educational purposes only. It may be incomplete, delayed or inaccurate. It has no aeronautical operational value and must not be used as the sole basis for your travel decisions (nor, a fortiori, for piloting decisions). Fofly does not guarantee the punctuality or operation of tracked flights.
8. Acceptable use
You agree to use the App for its intended purpose and in compliance with applicable law. In particular, you must not:
- decompile, disassemble or attempt to extract the App's source code, except where permitted by law;
- systematically extract, harvest or reuse the App's content or data;
- resell, rent or redistribute the App or its content;
- circumvent technical protection or access-control measures (credits, subscriptions);
- use the App in a way that could harm its operation or its users.
9. Intellectual property
The App and all of its content (texts, audio courses, music, illustrations, logos, trademarks) are protected by intellectual property law and remain the exclusive property of Fofly or its licensors. Fofly grants you a personal, non-exclusive, non-transferable and revocable licence to use the App for your own, non-commercial purposes.
10. Liability
Fofly uses reasonable efforts to provide a quality service, but the App is provided "as is", with no guarantee of continuous availability or absence of errors. To the extent permitted by law, Fofly shall not be liable for indirect damages, for the consequences of delays, cancellations or actual flight conditions, or for decisions made on the basis of information provided by the App. Nothing in these Terms excludes or limits Fofly's liability for gross negligence, wilful misconduct or personal injury, or your mandatory statutory rights as a consumer.
11. Term and termination
These Terms apply for as long as you use the App. You may stop using it and delete your account at any time. Fofly may suspend or terminate access to the App in the event of a serious breach of these Terms, without prejudice to amounts already paid for past periods.
12. Personal data
The processing of your personal data is described in the app privacy policy.
13. Store-specific provisions
For iOS users, Apple's standard Licensed Application End User License Agreement applies in addition to these Terms. Apple and Google are not parties to these Terms, are not responsible for the App or its content, and have no maintenance or support obligation with respect to it.
14. Changes to the Terms
Fofly may amend these Terms, in particular to reflect changes in the App or in regulations. In the event of a substantial change, you will be informed in the App. Continued use after the new Terms take effect constitutes acceptance.
15. Governing law and disputes
These Terms are governed by French law, without prejudice to the mandatory consumer protection provisions of your country of habitual residence. In the event of a dispute, an amicable solution will be sought first: contact us at contact@fofly.com. You may also use, free of charge, a consumer mediation service or the European online dispute resolution platform (ec.europa.eu/consumers/odr). Failing that, the French courts shall have jurisdiction.