Terms and Conditions

RFK Digital Design Cessna 172 Checklist

App Terms and Conditions

Effective Date: November 7, 2025

By clicking "AGREE AND CONTINUE" or by using the Cessna 172 Checklist APP ("the App"), you automatically agree to these updated Terms and Conditions ("Agreement"). If you do not agree to all terms, please discontinue use of the App immediately.

 

  1. Definitions and Acceptance

1.1. Definitions

In this Agreement, the following terms shall have the following meanings:

. "RFK Digital Design," "We," "Us," or "Licensor": Refers to RFK Digital Design, the   developer and provider of the App.

. "App": Refers specifically to the RFK Digital Design Cessna 172 Checklist App for iOS/iPadOs.

. "End-User" or "You": Refers to the individual user who has purchased or is using the App.

. "POH/AFM": Refers to the Pilot's Operating Handbook and/or Aircraft Flight Manual, which are the official, certified documents for the Cessna 172 aircraft.

 

1.2. Acceptance

Your action of clicking "AGREE AND CONTINUE" constitutes an explicit, legally binding acceptance of this entire Agreement, effective immediately.

 

  1. CRITICAL AVIATION DISCLAIMER AND

ASSUMPTION OF RISK

THE APP IS PROVIDED SOLELY AS A SUPPLEMENTARY REFERENCE TOOL AND MUST NOT BE USED AS THE PRIMARY SOURCE OF OPERATIONAL DATA, FLIGHT INSTRUCTIONS, OR EMERGENCY PROCEDURES. THIS APP DOES NOT REPLACE, SUBSTITUTE, OR SUPERSEDE THE OFFICIAL CESSNA 172 PILOT'S OPERATING HANDBOOK (POH), THE AIRCRAFT

FLIGHT MANUAL (AFM), OR ANY OFFICIAL CHECKLISTS REQUIRED BY THE AIRCRAFT'S TYPE CERTIFICATE OR SUPPLEMENTAL TYPE CERTIFICATE. RFK DIGITAL DESIGN MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF THE INFORMATION CONTAINED HEREIN. YOU, THE END-USER, ARE SOLELY RESPONSIBLE FOR ENSURING THE USE OF OFFICIAL, CURRENT, AND VERIFIED CHECKLISTS AND PROCEDURES DURING ALL PHASES OF FLIGHT. FAILURE TO COMPLY WITH THIS WARNING MAY LEAD TO SEVERE CONSEQUENCES, INCLUDING PROPERTY DAMAGE, INJURY, OR DEATH.3 BY USING THE APP, YOU ACKNOWLEDGE AND ACCEPT THIS CRITICAL OPERATIONAL LIMITATION. USE OF THE APP IS ENTIRELY AT YOUR OWN RISK.

 

III. License Grant and Intellectual

Property

 

3.1. Intellectual Property Ownership

All materials on this App, including but not limited to text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and other content, are the copyrighted intellectual property of RFK Digital Design.

3.2. Scope of License

The license granted to the End-User is a limited, non-transferable, non-exclusive, revocable license to use the App only on any Apple-branded Products (iPad) that the End-User owns or controls, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. 4 You may download online materials for non-commercial, personal use only, provided you:

  1. Retain all copyright, trademark, and proprietary notices.
  2. Make no modifications to the materials.
  3. Do not use the materials in any way that suggests association with RFK Digital Design's products, services, events, or brands.
  4. Do not download quantities of materials for commercial purposes without prior written permission from RFK Digital Design.

 

3.3. Prohibited Conduct

Any unauthorized copying, reproducing, publishing, uploading, posting, transmitting, or distributing of materials is strictly prohibited and may violate copyright laws. Redistribution, sale, reverse engineering, disassembly, or conversion of the App or any part thereof is not permitted.

 

  1. User Submissions and Feedback

 

4.1. Grant of License

Any remarks, suggestions, ideas, graphics, comments, or other information (collectively, "Submissions") sent to RFK Digital Design (bknight0449@gmail.com) are not treated as confidential. By submitting, you grant RFK Digital Design a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions for any purpose, commercial or otherwise, without compensation or attribution to you.

 

4.2. Responsibility for Submissions

You are solely responsible for ensuring that your Submissions do not violate intellectual property rights, privacy rights, or any applicable laws.

 

  1. Commercial Terms, Payments, and Refunds

 

5.1. Payment and Subscriptions

All fees for the App license, including any subscription fees or In-App Purchases, are processed by Apple Inc. (or its affiliates) as the merchant of record. Payment terms and renewal policies are governed by the Apple Media Services Terms and Conditions.

 

5.2. Refunds

RFK Digital Design does not have the ability to process refunds directly. All requests for refunds related to the App purchase must be directed to Apple Inc., and are subject to Apple's standard return and refund policies.

 

  1. Disclaimers of Warranty

THE APP IS PROVIDED "AS-IS" AND "AS AVAILABLE." RFK DIGITAL DESIGN HEREBY EXPRESSLY AND EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. RFK Digital Design does not warrant that the App will meet your requirements, operate without interruption, or be error-free. Your reliance on the App is at your own risk.

VII. Limitation of Liability and Indemnification

 

7.1. Exclusion of Damages

In no event shall RFK Digital Design or its affiliates be liable to the End-User or any third party for any incidental, special, indirect, exemplary, punitive, or CONSEQUENTIAL DAMAGES, including, without limitation, damages for LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, REGULATORY FINES, OR PERSONAL INJURY. This exclusion applies regardless of the legal theory under which liability is asserted (e.g., contract, tort, negligence, or strict liability).

 

7.2. Limitation on Monetary Liability

Notwithstanding any damages that you might incur, the total aggregate liability of RFK Digital Design to you for all damages arising out of or related to this Agreement shall be limited to the amount of fees actually paid by you for the use of the App during the twelve (12) months preceding the claim, or CAD $100.00, whichever is less.

 

Note: Some jurisdictions do not allow certain limitations of liability. In such cases, RFK Digital Design's liability is limited to the fullest extent permitted by the applicable law.

 

VIII. iOS Platform Compliance (Mandatory EULA Terms)

 

8.1. Maintenance and Support

You acknowledge that RFK Digital Design is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

8.2. Product and IP Claims

You acknowledge that RFK Digital Design, not Apple, is solely responsible for addressing any claims of the End-User or any third party relating to the App or the End-User's possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. RFK Digital Design is also solely responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights.

8.3. Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third- party beneficiary thereof.

 

  1. Privacy Policy and Data Handling

 

9.1. Privacy Compliance

RFK Digital Design values your privacy. Any personal data collected from users, such as email addresses, usage statistics, or feedback, will be handled in compliance with Canada's PIPEDA, as well as applicable international laws like GDPR (for European users) and CCPA (for California residents). For more details, please refer to our separate Privacy Policy document.

9.2. Termination and Data Deletion

Upon termination or cessation of use of the App, RFK Digital Design will initiate the deletion of your Personal Data in accordance with its Privacy Policy, subject to any necessary legal or commercial retention periods (e.g., tax records or fraud prevention). You acknowledge that you have the right to request the erasure of your data as provided under GDPR and CCPA, where applicable.

9.3. Consent to Use Technical Data

You agree that RFK Digital Design may collect and use technical data and related information-including but not limited to technical information about your device, system and application software, and peripherals-that is gathered periodically to facilitate the provision of software updates, product support, and other services. RFK Digital Design may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies.

 

  1. Dispute Resolution and Governing Law

 

10.1. Governing Law

This agreement is governed by the laws of Canada.

 

10.2. Binding Arbitration

Any disputes arising from this Agreement will first be resolved through good-faith mediation. If mediation fails, the dispute shall be submitted to final and binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution (ICDR).24 The place of arbitration shall be Canada.

10.3. Contractual Limitation Period and

Venue Except where prohibited by applicable law, all legal claims related to the App or this Agreement must be brought within one (1) year after the date on which the claim arose. The exclusive judicial venue for enforcing arbitration awards or handling non-arbitrable disputes shall be the competent courts located in Canada.

 

  1. Termination of Agreement

You may terminate this agreement by ceasing use of the App and deleting all materials obtained from it. RFK Digital Design may terminate your access to the App at any time, without notice, for violations of this Agreement. Upon termination, all rights granted to you under this Agreement cease immediately.

XII. Modifications to Terms and Conditions

RFK Digital Design reserves the right to modify these Terms and Conditions at any time. Non-material changes will taken effect immediately upon being posted. For any material changes (such as amendments to the Limitation of Liability or Dispute Resolution clauses), RFK Digital Design will notify you and require your explicit re-acceptance (Clickwrap confirmation) of the modified terms before you can continue using the App. Continued use of the App without such notification constitutes acceptance of non-material changes only. It is your responsibility to review these terms periodically.

 

XIII. Entire Agreement

These Terms and Conditions constitute the entire agreement between RFK Digital Design and the End-User regarding the use of the App. If any provision is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

 

XIV. Contact Information

If you have questions about these Terms and Conditions, please contact RFK Digital Design at bknight0449@gmail.com.