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Leaf

Leaf Vario Product Liability Disclaimer

TERMS OF USE, WARRANTY DISCLAIMER & LIABILITY WAIVER

Updated March 19, 2026

1. Summary

The Leaf Vario (the “Product”) is an open-source hardware and software device intended for use by participants in the adventure sports of paragliding and hang gliding.

These activities involve significant and inherent risks, including the risk of serious injury, disability, property damage, or death.

This document describes the terms of use, warranty disclaimers, assumption of risk, release of liability, and limitation of liability applicable to the Product.

By purchasing, possessing, installing, modifying, using, or allowing another person to use the Product, you agree to the terms set forth in this document.

If you do not agree with these terms, you must not use the Product.

2. Parties

The Product was initially designed, manufactured, and sold by Leaf Aero, LLC, an Arizona limited liability company. Because the Product is part of an open-source project, multiple parties may be involved in its continued design, development, manufacture, testing, distribution, and sale, including but not limited to:

  • Designers
  • Software developers
  • Hardware contributors
  • Testers
  • Manufacturers
  • Distributors
  • Retailers or sellers

Leaf Aero, LLC and all such parties are collectively referred to as the “Creators.” Any person who purchases, receives, modifies, installs, uses, or allows the use of the Product is referred to as the “User.”

3. Acceptance of Terms

These terms apply to all sales, transfers, possession, and uses of the Product. By purchasing, possessing, installing, using, or allowing another person to use the Product, the User acknowledges that they have:

  • Read this document
  • Understood its contents
  • Agreed to all terms and conditions

Use of the Product after being presented with this notice constitutes acceptance of these terms, whether or not the User has read them in full.

4. Terms of Use

The Product is provided to the User subject to the terms and conditions contained in this document, without modification. The Product has been designed for experimental and informational purposes only. Improper use, installation, modification, or integration of the Product can result in device malfunction or incorrect data, which may result in accidents. Such risks may include but are not limited to:

  • Equipment malfunction
  • Incorrect or misleading flight information
  • Loss of situational awareness
  • Distraction during flight
  • Serious injury
  • Permanent disability
  • Death

The User is solely responsible for:

  • Installation and configuration of the Product
  • Inspection of the Product before each use
  • Any modifications to hardware or software
  • Integration with other equipment
  • Ensuring compatibility with other systems

The Creators shall not be responsible or liable for any consequences resulting from:

  • Modification of the Product
  • Improper installation or adjustment
  • Addition or removal of components
  • Use of unofficial firmware or software
  • Integration with other equipment

The Product must not be used for unlawful purposes.

5. Non-Flight-Critical Device

The Product is NOT a flight-critical or safety-critical instrument. The Product must not be relied upon for safety-critical decisions, including but not limited to:

  • Determining safe flight altitude
  • Terrain clearance
  • Weather or atmospheric conditions
  • Emergency decision-making

The Product:

  • may malfunction
  • may provide inaccurate or delayed data
  • may stop functioning entirely

The Product does not provide aviation, safety, or professional advice of any kind. The Product must not be used as an emergency or rescue device. The User must always rely on proper training, certified flight instruments, sound judgment, and situational awareness, and must never rely solely on the Product for flight safety.

6. Warranty Disclaimer

The Product is provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, the Creators disclaim all warranties, whether express or implied, including but not limited to:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy of information or measurements
  • Reliability of hardware or software

The Creators DO NOT warrant that:

  • The Product will meet the User’s expectations or requirements
  • The hardware or software will operate without interruption
  • The Product will be free from errors or defects
  • Any defects will be corrected

7. Warning – High Risk Activity

Paragliding, hang gliding, and other aerial sports involve extreme and inherent risks. These risks include but are not limited to:

  • Severe injury
  • Permanent disability
  • Equipment failure
  • Mid-air collision
  • Impact with terrain
  • Death

Use of equipment associated with these activities, including the Product, may increase distraction or risk. The User voluntarily chooses to participate in these activities.

8. Assumption of Risk

By purchasing, installing, or using the Product, the User knowingly and voluntarily assumes all risks associated with:

  • The activity of paragliding or hang gliding
  • Use or misuse of the Product
  • Device malfunction
  • Incorrect data or readings
  • Distraction caused by the Product

To the fullest extent permitted by law, the User expressly assumes the risk of injury, death, or property damage, even if such harm is allegedly caused by:

  • Product malfunction
  • Design defects
  • Manufacturing defects
  • Software errors
  • Negligence of any Creator

9. Release and Indemnification

To the fullest extent permitted by law, the User releases, waives, and discharges the Creators from any and all claims, demands, causes of action, or liability arising from:

  • Use or misuse of the Product
  • Participation in high-risk activities
  • Equipment malfunction
  • Personal injury, disability, or death

The User expressly agrees to release and waive any claims against the Creators, including claims based on the alleged negligence of any Creator, to the fullest extent permitted by law. The User further agrees to indemnify, defend, and hold harmless the Creators from any claims, damages, losses, liabilities, or expenses (including attorneys’ fees) arising from:

  • The User’s use or misuse of the Product
  • The User’s participation in high-risk activities
  • Any third-party claims related to the Product

10. Limitation of Liability

To the fullest extent permitted by law, the Creators shall not be liable for any damages arising from the use or inability to use the Product. This includes but is not limited to:

  • Direct damages
  • Indirect damages
  • Incidental damages
  • Consequential damages
  • Loss of profits
  • Loss of data
  • Personal injury or death

If liability is imposed by law despite the above limitations, the maximum liability of the Creators shall not exceed the purchase price of the Product. Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, liability shall be limited to the maximum extent permitted by law.

11. Entire Agreement

This document constitutes the entire agreement between the User and the Creators regarding the Product. No other statements, representations, or agreements shall modify these terms unless made in writing.

12. Severability

If any provision of this document is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be interpreted as closely as possible to reflect the original intent.

13. Governing Law

This disclaimer and all disputes related to the Product shall be governed by the laws of the State of Arizona, United States, without regard to conflict of law principles. The User agrees that any legal action arising from use of the Product shall be brought exclusively in the state or federal courts located within the State of Arizona.

14. Modification of Terms

The Creators reserve the right to modify these terms at any time. Updated versions may be published with the Product or on official project websites. Continued use of the Product constitutes acceptance of any updated terms.