By accessing or using Swellwire (the “Service”), including our website, mobile applications, and APIs, you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, do not use the Service.
Swellwire is a surf and weather forecasting platform that provides ocean condition data, wave forecasts, weather visualizations, tide information, buoy data, and related content. The Service may include both free and paid subscription tiers.
You may be required to create an account to access certain features. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
You must be at least 16 years of age to create an account. If you are under 16, you may only use the Service with the involvement and consent of a parent or legal guardian.
Certain features of the Service may require a paid subscription. Paid subscriptions are sold and billed through the Apple App Store or Google Play Store and are governed by their respective terms. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date via your device’s subscription settings.
Swellwire reserves the right to change subscription pricing with reasonable advance notice. Refunds are handled in accordance with the applicable app store or payment processor policies.
Subject to these Terms, Swellwire grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. All rights not expressly granted are reserved.
All content, data visualizations, software, graphics, logos, and other materials available through the Service are the property of Swellwire or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Service without prior written consent.
You are permitted to share screenshots and visualizations from Swellwire for non-commercial purposes, provided you include attribution to Swellwire.
Swellwire provides surf, ocean, and weather data for informational purposes only. Forecast data, wave conditions, tide information, and weather visualizations are derived from third-party sources including NOAA, national weather services, and other data providers. This data may be inaccurate, incomplete, or delayed.
Do not rely on Swellwire as your sole source of information for safety-critical decisions. Ocean conditions can be dangerous and unpredictable. Always check official local forecasts, consult lifeguards or local authorities, and use your own judgment before entering the water or making decisions based on weather data.
Swellwire makes no warranty regarding the accuracy, reliability, completeness, or timeliness of any data presented through the Service.
You agree not to:
The Service may contain links to or integrations with third-party services, including authentication providers (Google, Apple), app stores (Apple App Store, Google Play Store), and data sources. Swellwire is not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is subject to their respective terms and policies.
Swellwire reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We do not guarantee uninterrupted or error-free operation of the Service.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SWELLWIRE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWELLWIRE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SWELLWIRE’S TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO SWELLWIRE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless Swellwire and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service or violation of these Terms.
You may stop using the Service at any time. Swellwire may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will cease immediately. Sections relating to intellectual property, disclaimers, limitation of liability, and indemnification shall survive termination.
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict-of-law principles. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with applicable rules, unless you opt out within 30 days of first accepting these Terms.
Swellwire may update these Terms from time to time. We will notify users of material changes by posting the updated Terms on the Service with a revised “Last updated” date. Your continued use of the Service after such changes constitutes your acceptance of the updated Terms.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
If you have questions about these Terms, please contact us at support@swellwire.com.