Terms of Use

Effective May 24, 2026

1. Agreement to Terms

By downloading, installing, or using Flyby ("the App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not use the App. These Terms constitute a legally binding agreement between you and FORTYNINE AND A HALF LABS, LLC ("Company," "we," "us," or "our"). These Terms apply to all users worldwide.

2. Description of Service

Flyby is a satellite tracking application that displays predicted passes of satellites and other orbital objects over your location. The App provides informational and entertainment content about satellites, including orbital data, predicted pass times, and curated descriptions ("Intel"). The App may offer optional paid subscriptions ("Flyby Pro") that unlock additional features. We reserve the right to modify, suspend, or discontinue any feature or the App itself at any time without notice or liability.

3. Accuracy Disclaimer — Satellite Data

ALL SATELLITE PASS PREDICTIONS, TIMES, ALTITUDES, DIRECTIONS, VISIBILITY ESTIMATES, AND RELATED DATA ARE APPROXIMATIONS ONLY. Orbital data is sourced from third-party providers and may be outdated, incomplete, or inaccurate. Actual visibility depends on atmospheric conditions, light pollution, satellite maneuvers, deorbiting, and other factors entirely outside our control.

THE APP IS NOT SUITABLE FOR NAVIGATION, AVIATION, MARITIME, EMERGENCY, SCIENTIFIC, RESEARCH, OR ANY OTHER SAFETY-CRITICAL OR PROFESSIONAL PURPOSE. DO NOT RELY ON THIS APP FOR ANY PURPOSE WHERE INACCURATE INFORMATION COULD CAUSE HARM, INJURY, LOSS, OR LIABILITY OF ANY KIND.

4. Intel Content

Satellite descriptions and other narrative content ("Intel") are pre-compiled from publicly available sources and may contain errors, omissions, or outdated information. Intel is provided strictly for entertainment and general educational purposes. We make no representations about the accuracy, completeness, timeliness, or fitness for any purpose of Intel content. Intel does not constitute advice of any kind.

5. Subscriptions and Payments

Flyby Pro is an optional subscription available at the prices displayed in the App at the time of purchase. Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. Subscription purchases and renewals are processed by Apple through the App Store. We do not collect, access, or store your payment card or financial information.

You may cancel your subscription at any time through your device's App Store account settings. Cancellation takes effect at the end of the current paid period. All refunds, if any, are governed solely by Apple's applicable refund policies. We do not offer refunds directly under any circumstances.

We reserve the right to change subscription prices, modify features available in any tier, add or remove tiers, or discontinue Flyby Pro at any time. We will provide reasonable advance notice of material changes where practicable. Continued use of the App after any change constitutes your acceptance.

6. Acceptable Use

You agree not to:

We reserve the right to suspend or terminate your access immediately and without notice for any violation of these Terms or for any other reason at our sole discretion, with no liability to you.

7. Intellectual Property

All content, design, code, graphics, compilations, and data in the App — including the Flyby name, logo, and look and feel — are owned by or licensed to FORTYNINE AND A HALF LABS, LLC and are protected by United States and international intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable license to use the App on your personal device for personal, non-commercial purposes only. No other rights are granted.

Satellite names, agency names, and related identifiers referenced in the App are the property of their respective owners. Reference to any satellite, agency, or organization does not imply endorsement by or affiliation with those entities.

8. Third-Party Services

The App integrates third-party services to function, including services for push notifications, subscription processing, orbital data delivery, analytics, and advertising. We are not responsible for the availability, content, accuracy, privacy practices, or actions of any third-party service. Your use of the App is subject to any applicable third-party terms. We may change, add, or remove third-party integrations at any time without notice.

9. Advertising

The free tier of the App displays third-party advertisements. You may be shown ads based on contextual factors or, with your consent on iOS, based on your device's advertising identifier. Flyby Pro subscribers do not see third-party advertisements. We are not responsible for the content of any advertisement or for any products or services advertised.

10. Disclaimer of Warranties

THE APP AND ALL CONTENT, DATA, AND SERVICES PROVIDED THROUGH IT ARE OFFERED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT: (A) THE APP WILL OPERATE UNINTERRUPTED, ERROR-FREE, OR SECURELY; (B) ANY SATELLITE PASS WILL BE VISIBLE AS PREDICTED; (C) ANY NOTIFICATION WILL BE DELIVERED ON TIME OR AT ALL; (D) THE APP WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS; OR (E) ANY DEFECT WILL BE CORRECTED. YOUR USE OF THE APP IS ENTIRELY AT YOUR OWN RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORTYNINE AND A HALF LABS, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE APP OR ANY CONTENT THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) TEN UNITED STATES DOLLARS ($10.00). THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT EXPAND THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless FORTYNINE AND A HALF LABS, LLC and its members, managers, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your violation of these Terms; (b) your use of or inability to use the App; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party right.

13. Dispute Resolution — Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, you and FORTYNINE AND A HALF LABS, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App — including questions about their existence, validity, or termination — will be resolved exclusively by final, binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court.

CLASS ACTION WAIVER: YOU AND WE EACH AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Notwithstanding the foregoing, any dispute relating to the enforcement or validity of intellectual property rights may be brought in court.

TO THE EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION MUST BE FILED WITHIN ONE (1) YEAR AFTER IT ARISES. CLAIMS NOT FILED WITHIN THAT PERIOD ARE PERMANENTLY BARRED.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. To the extent any matter proceeds in court (including to enforce an arbitration award), you and we consent to exclusive jurisdiction and venue in the state and federal courts located in King County, Washington.

15. Age Requirements

You must be at least 13 years of age to use the App. If you are under 13, you may only use the App with the direct involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf. If you are between 13 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms. We reserve the right to terminate access for any user we believe to be under 13 without a consenting parent or guardian.

16. Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. We will provide notice of material changes by updating the "Effective" date at the top of this document and, where practicable, by in-app notice. Your continued use of the App after any changes take effect constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to stop using the App.

17. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the App and supersede all prior agreements. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision. If any provision is found invalid or unenforceable, the remaining provisions remain in full force. We may assign our rights and obligations under these Terms at any time without notice. You may not assign your rights without our prior written consent.

18. Contact

FORTYNINE AND A HALF LABS, LLC
Questions about these Terms: support@flyby.app