Back

Terms of Use

Effective date: December 25, 2025

App name: Overhead
Developer: Nicolas Dupont ("we," "us")
Contact: contact form

1) Agreement to terms

By downloading or using Overhead (the "App"), you agree to these Terms. If you don't agree, don't use the App.

2) The App is for informational/entertainment use only

Overhead provides aircraft information that may be delayed, incomplete, or inaccurate. The App is not a safety, navigation, air-traffic, emergency, or compliance tool. Don't rely on it for any safety-critical purpose.

3) Safety

You are responsible for using the App safely. Don't use it in a way that distracts you, violates laws, trespasses, or creates risk to you or others.

4) Subscriptions, billing, and free tier

  • Overhead offers a free tier with limited daily usage and limited access to stats features.
  • Paid subscriptions may be offered. Subscription options, pricing, and billing periods are shown in the App at the time of purchase and may vary by region and change over time. Payment is charged to your Apple ID account through the App Store.
  • Purchases and renewals are handled by Apple through your App Store account. We do not receive your payment card details.
  • Subscription management (cancel, renew, refunds where available) is handled through the App Store and subject to Apple's terms.

5) License to use the App

We grant you a personal, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial use, subject to these Terms and Apple's rules.

6) What you can't do

You agree not to:

  • Reverse engineer, modify, or attempt to extract source code from the App except where allowed by law.
  • Use the App to break laws, harass others, or interfere with networks/services.
  • Abuse the free tier, circumvent usage limits, or attack the service.
  • Use the App to build a competing product or scrape/republish data at scale.

7) Availability and changes

We may change, suspend, or discontinue any part of the App at any time (including features, limits, or pricing). We'll try to keep the App running, but we don't guarantee uninterrupted availability.

8) Your content (feedback)

If you send feedback, suggestions, or ideas, you give us permission to use them to improve the App without any obligation to you.

9) Disclaimer of warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We don't guarantee the accuracy, availability, or timeliness of aircraft data.

10) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL.
  • OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $10 IF YOU PAID NOTHING).

(Some places don't allow certain limitations—those rules apply to you if relevant.)

11) Indemnity

If your use of the App breaks the law or violates these Terms and causes us harm, you agree to defend and indemnify us from resulting claims and expenses (including reasonable legal fees).

12) Termination

You can stop using the App at any time. We may suspend or terminate access if you violate these Terms or misuse the service.

13) Governing law

These Terms are governed by the laws of the State of New York, USA, without regard to conflict of law rules.

14) Dispute resolution; arbitration; venue

A. Informal resolution first.

Before starting a formal claim, you agree to contact us via our contact form with a brief description of the issue and the relief you're seeking. We'll try to resolve it informally within 30 days.

B. Binding individual arbitration.

If we can't resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to the App or these Terms will be resolved by binding, individual arbitration, and not in court, except as described in Section 14(C). The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Kings County, New York, unless you and we agree otherwise. The arbitrator may award the same damages and relief a court could award and must follow these Terms.

This arbitration agreement is governed by the Federal Arbitration Act.

C. Exceptions (small claims; injunctive relief; enforcing awards).

Either party may:

  1. bring an individual claim in small claims court in Kings County, New York, if the claim qualifies and remains in small claims court; and
  2. seek injunctive or equitable relief in the state or federal courts located in Kings County, New York (or, if those courts lack jurisdiction, any court of competent jurisdiction) to prevent unauthorized use, misuse, or infringement of intellectual property or to address security/abuse issues; and
  3. go to court to compel arbitration, stay proceedings pending arbitration, or confirm/modify/vacate an arbitration award.

D. Class action waiver.

You and we agree to bring disputes only in an individual capacity and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, or representative proceeding. The arbitrator may not combine more than one person's claims or preside over any form of class or representative proceeding.

E. Court venue for permitted court matters.

To the extent any dispute is permitted to be brought in court under Section 14(C), you and we agree it will be brought exclusively in the state or federal courts located in Kings County, New York, and you consent to personal jurisdiction in those courts.

F. Severability.

If a court decides that a portion of this Section 14 is unenforceable, the unenforceable portion will be severed and the remainder will remain in effect. If the class action waiver is found unenforceable for a particular claim, then that claim must proceed in court (not arbitration).

15) Changes to terms

We may update these Terms from time to time. Continued use after changes means you accept the updated Terms.

16) Contact

Questions? Contact us.