Terms of Service

1. Acceptance of Terms

By accessing and using SpotAlert ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use the Service.

2. Description of Service

SpotAlert provides surf forecasting, condition alerts, and spot information ("the Service"). The Service includes:

• Surf forecast data and visualizations
• Customizable condition alerts and notifications
• Public and private surf spot information
• Spot sharing and favorites features
• Community-contributed spot data

3. User Accounts

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Forecast Data and Accuracy

IMPORTANT: Surf forecasts and condition data are provided for informational purposes only. You acknowledge and agree that:

• Weather and ocean conditions are inherently unpredictable
• Forecasts may be inaccurate or change without notice
• You are solely responsible for your safety in and around the ocean
• You should always check current conditions before entering the water
• SpotAlert is not responsible for any injuries, damages, or losses resulting from reliance on forecast data

5. User-Generated Content

5.1 Spot Creation and Sharing

Users may create private surf spots and optionally share them with other users. By creating or sharing spots, you represent that:

• You have the right to share the location information
• The information provided is accurate to the best of your knowledge
• You will respect private property and local regulations
• You will not share spots in protected or restricted areas

5.2 Data Ownership

You retain ownership of any data you create, upload, or submit to SpotAlert, including private surf spots, alert conditions and configurations, notes, preferences, and other user-generated content ("User Data").

5.3 Limited License to User Data

By using the Service, you grant SpotAlert a limited, non-exclusive, revocable license to use your User Data solely for the purpose of operating and delivering the Service, providing forecasts and alerts, and improving features and performance.

This license does not grant SpotAlert the right to sell, rent, or otherwise monetize your User Data as a standalone product or dataset. Your User Data may only be used in connection with operating a surf forecasting, condition monitoring, or alert service that is substantially similar in nature to SpotAlert.

5.4 Successor Obligations

In the event of a merger, acquisition, or sale of assets, the restrictions on the use of User Data set forth in these Terms and in our Privacy Policy will remain in effect and continue to apply to any successor entity. A successor entity may continue to use your User Data solely for the purpose of operating a service that is substantially similar in nature to SpotAlert (e.g., surf forecasting, condition alerts, spot tracking). Use of your User Data for purposes unrelated to such a service is not permitted without your affirmative consent.

6. Prohibited Uses

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate or infringe upon the rights of others
• Share false, misleading, or inaccurate spot information
• Attempt to gain unauthorized access to the Service or other user accounts
• Use automated scripts, bots, or scrapers to access the Service
• Interfere with or disrupt the Service or servers
• Share spots located on private property without permission
• Harass, abuse, or harm other users

7. Alert Notifications

By enabling alert notifications, you consent to receive emails, SMS text messages, and/or push notifications when surf conditions match your criteria. You agree that:

• SMS alerts are an optional feature requiring you to provide your phone number
• Standard message and data rates may apply for SMS alerts
• You may receive multiple SMS messages per day depending on your alert configuration
• You can opt-out of SMS alerts at any time by replying STOP to any message or through your account settings
• You can disable all notifications at any time through your account settings

For help with SMS alerts, reply HELP to any message or contact support at support@spotalert.app

8. Privacy and Data

Your use of the Service is also governed by our Privacy Policy. By using SpotAlert, you consent to our collection and use of your data as described in the Privacy Policy. The data ownership, limited license, and successor obligations described in Section 5 of these Terms are further detailed in the Privacy Policy and are binding in both documents.

9. Intellectual Property

The Service and its original content (excluding user-generated content), features, and functionality are owned by SpotAlert and are protected by international copyright, trademark, and other intellectual property laws.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

SpotAlert does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Forecast data will be accurate, reliable, or complete
• Any errors in the Service will be corrected
• The Service will meet your specific requirements

11. Limitation of Liability

IN NO EVENT SHALL SPOTALERT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Reliance on surf forecasts or condition data
• Unauthorized access, use, or alteration of your data
• Any injuries or damages sustained while surfing

12. Indemnification

You agree to indemnify, defend, and hold harmless SpotAlert and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

13. Termination & Account Deletion

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

You may delete your account at any time. When you delete your account, the following data is permanently deleted and not retained:

• Private surf spots you created
• Private alert conditions associated with your account
• Public alert conditions you created
• User-specific configurations tied to your alerts or spots, and associated personal data tied to your account

We do not retain or repurpose this data after account deletion. For full details on data retention, see Section 6 of our Privacy Policy.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

Material changes to data use. Any material change to provisions governing how we collect, use, share, or retain your User Data (as defined in Section 5.2) will require your affirmative consent before the change takes effect. We will not rely solely on continued use of the Service as consent for such changes.

For non-material updates, by continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@spotalert.app