Terms of Use — Surfcast
1. Agreement
These Terms of Use (“Terms”) govern your access to and use of the mobile application Surfcast (the “App”) provided by Surfcast (“we”, “us”, “our”).
By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
2. The service
The App displays marine and weather-related information (such as wave, wind, precipitation, and tide visualizations) for locations you select or that are derived from your device, depending on the version of the App and your permissions.
Early releases described in our Privacy Policy do not include a user profile or AI-powered personal recommendations. Features may change over time; we may add, modify, or remove functionality.
The App is provided for informational and general planning purposes only. It is not a substitute for professional maritime, meteorological, or safety advice, official forecasts, or your own judgment and experience.
3. Eligibility
You must be able to enter a binding agreement under the laws of your place of residence. If you use the App on behalf of an organization, you represent that you have authority to bind that organization.
We do not knowingly offer the App where prohibited by law.
4. License to use the App
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, in accordance with Apple’s applicable App Store terms.
You may not:
- copy, modify, reverse engineer, decompile, or disassemble the App except where mandatory law allows;
- rent, lease, sell, sublicense, or distribute the App;
- remove or alter proprietary notices;
- use the App in any way that violates law or third-party rights;
- interfere with or burden our or others’ systems, or attempt unauthorized access.
5. Accounts
In the releases covered by our current Privacy Policy, the App does not require you to create an account with us. If we introduce accounts or sign-in in the future, additional terms may apply and we will notify you as required.
6. Location and device permissions
The App may request location or other permissions to function. You control these permissions in your device settings. Some features may not work if you deny permission. You are responsible for accurate selection of locations when not using device location.
7. Third-party content and data
Forecast and tide information may be compiled from or supplied via third-party data providers and tools. We do not control and are not responsible for the accuracy, completeness, timeliness, or availability of that data.
Third-party terms, licenses, and notices (including attribution where required) may apply to underlying data; you agree to comply with them where they are brought to your attention in the App or in our documentation.
8. No warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that any information will be suitable or safe for your activities.
9. Marine activities and assumption of risk
Ocean and coastal activities (including surfing, swimming, boating, and diving) involve inherent risks, including injury and death. Conditions change rapidly.
You are solely responsible for your decisions, preparation, equipment, skill level, local rules, and compliance with authorities. Always verify critical information with official sources and local guidance before entering the water or undertaking hazardous activities.
YOU EXPRESSLY ASSUME ALL RISK ARISING FROM YOUR USE OF THE APP AND FROM ANY ACTIVITIES YOU UNDERTAKE BASED ON INFORMATION SHOWN IN THE APP.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (IF ANY), OR (B) [amount in local currency, e.g. USD 50], EXCEPT WHERE MANDATORY LAW DOES NOT ALLOW SUCH A CAP.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum permitted by law.
11. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your misuse of the App or your violation of these Terms or applicable law.
12. Updates and availability
We may release updates to the App (via the App Store). Some updates may be required for continued use. We may suspend or discontinue the App or any feature at any time without liability, except where mandatory law says otherwise.
13. Changes to these Terms
We may modify these Terms by posting an updated version in the App and on this website (terms.html and privacy.html) with a new Effective date. Continued use after the change constitutes your acceptance, where the law allows. If you do not agree, stop using the App and remove it from your devices.
14. Governing law and disputes
These Terms are governed by the laws of [country / state], without regard to conflict-of-law rules, except that mandatory consumer protections in your country of residence may still apply.
Exclusive venue / arbitration: [Choose one approach and fill in — e.g. courts of [city, country] OR arbitration under [rules], or consumer mediation in your jurisdiction. If you sell only on the App Store, many developers use [your country] for governing law and local courts; US indie apps sometimes use Delaware + arbitration — have counsel confirm.]
15. Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
16. Entire agreement
These Terms (together with the Privacy Policy) constitute the entire agreement between you and us regarding the App and supersede prior understandings on this subject, except for any additional Apple App Store terms that apply to your download and use of the App.
17. Contact
Surfcast