Terms of Use

Effective April 3, 2026

IMPORTANT — PLEASE READ

By using PilotSense, you acknowledge and agree to the following terms. If you do not agree, do not use this application.

1. Not a Medical Device

PilotSense is a decision-support tool only. It does not replace the pilot's own fitness-for-duty self-assessment or satisfy any regulatory requirement for fatigue risk management. It is NOT a medical device, NOT a certified fatigue risk management system (FRMS), and has NOT been validated or approved by the FAA, EASA, ICAO, or any other aviation regulatory authority. PilotSense does not diagnose, treat, or prevent any medical condition.

2. No Substitute for Pilot-in-Command Authority

14 CFR §91.3

PilotSense does not replace, override, or supplement the Pilot-in-Command's authority and responsibility to determine fitness for duty. All pilot readiness decisions remain solely the responsibility of the pilot. A “green” readiness score does NOT mean you are fit to fly.

3. Limitation of Liability

To the fullest extent permitted by law, PilotSense, its developers, owners, and affiliates shall NOT be liable for any direct, indirect, incidental, consequential, or special damages arising from the use of or inability to use this application, including but not limited to: aviation accidents or incidents, personal injury or death, operational decisions made based on PilotSense assessments, regulatory violations or enforcement actions, or loss of certification or employment. You use PilotSense entirely at your own risk.

4. Readiness Score Accuracy

Readiness scores are generated using algorithms informed by published fatigue science research and informed by FAA AC 120-103A and EASA ORO.FTL.120 fatigue risk management guidance. However, these scores have NOT been clinically validated and the weighting system has not been calibrated against real-world operational data. Scores should be treated as general guidance only and may not accurately reflect your actual fitness for duty.

5. PVT Reaction Test

The Psychomotor Vigilance Test (PVT) in PilotSense is based on established fatigue research methodology. However, the smartphone implementation has not been independently validated and results may differ from laboratory-grade PVT devices. PVT results should not be used as the sole determinant of fitness for duty.

6. In-Flight Fatigue Monitoring

PilotSense includes real-time in-flight fatigue monitoring features such as alertness-level gauges, fatigue countermeasure recommendations, Window of Circadian Low (WOCL) alerts, and an “I'm Feeling Tired” reporting function. These features are informational aids only. They do NOT detect, diagnose, or measure actual physiological fatigue. Alertness levels displayed are algorithm-based estimates, NOT medical assessments. Countermeasure suggestions are drawn from published aviation fatigue research but have NOT been validated in your specific operational environment. You must NEVER rely on these features in lieu of your own judgment, crew resource management, or established standard operating procedures. Use of in-flight features while acting as Pilot-in-Command is entirely at your own discretion and risk.

7. Data Collection & Privacy

PilotSense collects sleep data (via Apple HealthKit), heart rate variability, resting heart rate, PVT reaction test results, self-reported fatigue and wellness data, circadian phase data, flight schedule information, and GPS location for flight detection. This data is stored securely using Google Firebase cloud services with encryption in transit and at rest. We do not sell your personal data to third parties. If you join an organization, specific data is shared with organization administrators based on the privacy tier your organization requires — you will see exactly what is shared before you join and must explicitly consent. Mental wellness screening scores (PHQ-2/GAD-2) are NEVER shared with your organization. See our Privacy Policy for full details.

8. Organization Data Sharing

If you join a flight school or operator organization, certain fatigue and readiness data will be shared with organization administrators for aviation safety purposes ONLY. The specific data shared depends on your chosen privacy tier (Status Only, Score, or Full Details) and on any minimum tier your organization requires. Score is the default tier. You will see exactly what data will be shared before joining and must provide explicit consent. This data shall NOT be used for hiring, firing, promotion, or other employment decisions. Your participation in any organization is voluntary — you may leave at any time, which immediately stops data sharing. Organization administrators are contractually prohibited from using PilotSense data for discriminatory purposes.

9. Your Privacy Rights

You have the right to:

  • Know what personal data we collect and how it is used.
  • Request deletion of your account and all associated data at any time from your Profile settings.
  • Withdraw consent for organization data sharing at any time without leaving the organization.
  • Export your personal data in a portable format (JSON).
  • Opt out of any non-essential data collection.

California residents have additional rights under the California Consumer Privacy Act (CCPA/CPRA), including the right to limit use of sensitive personal information. EU/EEA residents have rights under the General Data Protection Regulation (GDPR), including the right to explicit consent for health data processing. To exercise any of these rights, contact admin@pilotsense.net.

10. Assumption of Risk

You acknowledge that aviation is an inherently dangerous activity. You assume all risk associated with your decision to fly, regardless of any information provided by PilotSense, including any in-flight alertness estimates or countermeasure recommendations. You agree that PilotSense shall not be held responsible for any consequences arising from flight operations, whether or not PilotSense was consulted prior to or during the flight.

11. Indemnification

You agree to indemnify, defend, and hold harmless PilotSense and its developers from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the application or your violation of these terms.

12. Data Breach Notification

In the event of a breach of unsecured personal or health information, PilotSense will notify affected individuals and, where required, regulators without unreasonable delay and in accordance with applicable law, including within any maximum time periods prescribed by law (such as 60 days after discovery, where applicable). Notification will be provided via email and in-app notification.

13. Changes to Terms

PilotSense reserves the right to modify these terms at any time. Material changes to data collection or sharing practices will require renewed consent. Continued use of the application after non-material changes constitutes acceptance of the updated terms.

14. Governing Law

These terms shall be governed by the laws of the State of Florida, United States, without regard to conflict of law principles.