Version: v6
Effective Date: June 18, 2026
Last Updated: August 1, 2026
For purposes of these Terms of Service ("Terms"):
These Terms constitute a legally binding agreement between you and Operator governing your access to and use of the Service. By accessing or using the Service — including by creating an account, subscribing, accepting these Terms in any consent gate, or browsing as a guest — you acknowledge that you have read, understood, and agree to be bound by these Terms and the Chlorofishy Privacy Policy and Cookie Policy, each of which is incorporated by reference. If you do not agree, you must immediately cease all use of the Service.
Modifications. Operator may modify these Terms from time to time. We will indicate modifications by updating the "Last Updated" date. "Material changes" include, without limitation, changes affecting fees, dispute resolution, intellectual property, limitations of liability, data sharing practices, or your rights and remedies.
A material change takes effect for your account upon your affirmative acceptance of the modified Terms through the version-gated re-consent flow described below; presentation of the modified Terms within that flow constitutes notice of the change. Any change to Subscription fees or pricing takes effect no earlier than your next billing cycle following your acceptance. If you do not agree to a material change, decline acceptance in the re-consent flow and cancel your Subscription; your continued access to the Service requires acceptance of the then-current Terms.
Non-material changes (clarifications, typos, contact information updates, and similar revisions) take effect on the date posted, and your continued use of the Service after that date constitutes your acceptance of them.
Version-gated re-consent. When Operator publishes a material change to these Terms, Operator will require all Users (including guests and authenticated Users) to affirmatively re-accept the updated Terms through an in-app consent flow before continuing to use the Service. The version of these Terms in effect for your account is recorded with your acceptance.
The Service is available only to individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into a binding contract under the laws of their jurisdiction of residence. By using the Service, you represent and warrant that you satisfy these requirements and that your use of the Service does not violate any applicable law, regulation, or order. If you are using the Service on behalf of an organization, you further represent and warrant that you have authority to bind that organization to these Terms, and all references to "you" shall include that organization.
The Service is not directed to children under thirteen (13), and we do not knowingly collect personal information from children under thirteen. If you believe a child has provided us with personal information, contact [email protected] and we will take prompt steps to delete it.
Chlorofishy is an ocean data visualization platform that displays satellite-derived oceanographic data — including, without limitation, sea surface temperature ("SST") and chlorophyll-a concentration — on an interactive map, and that integrates ancillary data including National Data Buoy Center ("NDBC") buoy observations. The Service includes web and mobile clients, user-configurable alerts, email and push notifications of alert conditions, account management, and paid subscription tiers.
The underlying satellite and ocean data displayed on the Service originates from third-party sources, including without limitation the United States National Oceanic and Atmospheric Administration ("NOAA"), the United States National Aeronautics and Space Administration ("NASA"), the European Organisation for the Exploitation of Meteorological Satellites ("EUMETSAT"), and NDBC. Such source data is in the public domain or made available under open-access licenses and is not owned by Operator. Operator's value-add lies in proprietary data ingestion, processing, encoding, rendering, provenance tracking, alerting, and presentation — not in ownership of the underlying observations. Operator does not transmit User data to NOAA, NASA, EUMETSAT, NDBC, or any other government data source.
Operator does not control and is not responsible for the availability, continuity, or accuracy of any third-party data source. Government agencies and other data providers may suspend, modify, degrade, or permanently discontinue data feeds at any time, for any reason, including without limitation government shutdowns, budget reductions, satellite failures, or policy changes. Operator shall have no liability whatsoever for any interruption, degradation, or cessation of data availability caused by third-party data sources. Operator is under no obligation to find alternative data sources if a source becomes unavailable.
THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL NAVIGATION, WEATHER FORECASTING, MARINE ELECTRONICS, OR ANY OTHER TOOL OR SERVICE UPON WHICH HUMAN SAFETY DEPENDS. Satellite-derived ocean data is subject to inherent and unavoidable limitations, including without limitation:
You acknowledge and agree that you assume all risk associated with any decisions made in reliance on data displayed through the Service, including without limitation decisions related to vessel navigation, fishing activity, route planning, offshore operations, and any other activity where ocean conditions are relevant to personal safety, vessel safety, catch, or property.
Operator reserves the right, at its sole discretion, to modify, suspend, or discontinue the Service or any feature, dataset, region, alert type, integration, or functionality thereof, temporarily or permanently, at any time and for any reason, with or without notice. Operator shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service or any portion thereof.
Operator may, from time to time, offer features, datasets, regions, or tools designated as "beta," "preview," "experimental," "early access," or similar. Such features are provided on an "as is" and "as available" basis without any warranty or commitment of any kind. Beta features may be modified or discontinued at any time without notice or liability. Your use of beta features is entirely at your own risk.
The Chlorofishy mobile application (the "Mobile App") is available for download through the Apple App Store (when published) and the Google Play Store (when published), and through Operator-distributed development and beta channels. Your use of the Mobile App is subject to these Terms and is additionally subject to the terms of service, end-user license agreement, and privacy policy of the platform from which you obtained the Mobile App.
Apple App Store. When you download the Mobile App from the Apple App Store, the Apple App Store Licensed Application End User License Agreement (Schedule 1 to the Apple Developer Program License Agreement) additionally applies to your use of the Mobile App and is available in the iOS-specific Terms of Service published by Operator within the Mobile App. To the extent of any conflict between these Terms and the Apple Schedule with respect to use of the Mobile App on iOS, the Apple Schedule shall govern as required by Apple.
Google Play Store. When you download the Mobile App from the Google Play Store, the Google Play Terms of Service additionally apply to your use of the Mobile App. To the extent of any conflict between these Terms and the Google Play Terms with respect to use of the Mobile App on Android, the Google Play Terms shall govern as required by Google.
If and when in-app purchases are offered through the Mobile App, those purchases will be processed by Apple or Google through their respective in-app purchase systems (potentially via the third-party purchase orchestration provider RevenueCat) and will be subject to the applicable platform's terms. Operator does not receive your full payment card data for App Store or Play Store in-app purchases; that data is collected and processed by Apple or Google. Refunds for in-app purchases are administered by Apple or Google in accordance with their respective refund policies; Operator has limited or no ability to issue refunds for App Store or Play Store transactions.
The Mobile App may request permissions from you (such as access to push notifications and the device's secure storage). You may grant or deny such permissions at any time through your device settings; denial of certain permissions may degrade or disable certain features. Apple and Google may collect device data per their own policies; see the Privacy Policy for details on what Operator collects.
Certain features of the Service require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Providing false or misleading registration information is grounds for immediate account termination. You may register using email + password, a magic-link email flow, "Sign in with Google," or "Sign in with Apple"; the authentication provider you select may share certain account-handshake data with Operator, as described in the Privacy Policy.
You may use certain features of the Service as a guest without creating an account, subject to your acceptance of these Terms via the guest consent gate. Guest use is subject to all of these Terms and may be subject to additional access limits.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify Operator immediately at [email protected] if you become aware of any unauthorized use of your account or any other security breach. Operator shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
Operator may suspend or terminate your account at any time, with or without cause, and with or without prior notice, including without limitation if Operator reasonably believes that you have violated these Terms, that your conduct may expose Operator to legal liability, or for any other reason Operator deems appropriate. In the event of termination for cause, you shall not be entitled to any refund of prepaid fees.
You may delete your account at any time through the Service or by contacting [email protected]. To accommodate accidental deletions and account-restoration requests, account deletion initiates a thirty (30) day soft-delete grace period during which you may sign in to cancel deletion. After the grace period expires, your account and associated data are permanently deleted (subject to limited retention as described in the Privacy Policy and in this Section). Account deletion does not entitle you to a refund of any prepaid Subscription fees except as expressly provided in Section 7 or as required by applicable law. Deleting your account immediately cancels any active Subscription purchased through our website, effective as of deletion, without proration or refund of amounts already paid. If you have an active Subscription purchased through the Apple App Store or Google Play, you must cancel that subscription through the applicable store before your account can be deleted; we cannot cancel store-billed subscriptions on your behalf.
Upon termination of your account for any reason: (a) your right to access and use the Service immediately ceases (subject to any active grace period); (b) Operator may, but is not obligated to, delete your User Content and account data after a reasonable retention period; and (c) all provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 4.3, 10, 11, 13, 14, 15, 16, 17, 18, 19, and 22.
Access to certain features of the Service requires a paid Subscription. Subscription plans, pricing, billing intervals (monthly or annual), and included features are described in the pricing displayed at checkout and may be modified from time to time at Operator's sole discretion. Changes to pricing will not apply to your then-current billing period but will take effect upon your next renewal, after notice as described in Section 7.6.
Subscriptions for one or more specific coverage regions permit you to change your selected region(s) as follows: during a free trial, you may change regions an unlimited number of times; after your first payment, you may change regions once per rolling 60-day period. Changing regions does not extend, reset, or otherwise modify your billing period or renewal date. We reserve the right to modify region-change limits prospectively in accordance with Section 2 (Modifications).
Web Subscriptions are processed by Stripe, Inc. ("Stripe") on Operator's behalf. You expressly authorize Operator and Stripe to charge the payment method you designate, on a recurring basis, for the Subscription fee plus any applicable taxes, until you cancel. Stripe collects and stores your full payment card number, expiration date, and security code in compliance with PCI-DSS; Operator does not receive or store full payment card data. Your use of Stripe is subject to Stripe's terms of service and privacy policy. For Mobile App in-app purchases, Section 5.2 applies.
Operator complies with applicable automatic-renewal laws (including the California Automatic Renewal Law). At the time of Subscription enrollment and within the Service checkout flow, Operator presents (a) the total cost of the Subscription including the recurring billing amount and frequency; (b) a clear and conspicuous explanation that the Subscription will automatically renew until cancelled; (c) the method to cancel the Subscription; and (d) requires your affirmative consent (such as ticking an auto-renewal acknowledgment checkbox) before charging your payment method. By providing such consent, you authorize the recurring charge described in Section 7.3.
New Subscriptions include a 14-day free trial. A valid payment method is required at enrollment, and your payment method will be automatically charged at the then-current Subscription rate at the end of the 14-day trial unless you cancel before the trial ends. If we offer a trial of a different length for a particular promotion, the applicable trial length will be disclosed at enrollment.
To satisfy applicable post-enrollment acknowledgment requirements (including California Automatic Renewal Law §17602(b)), Operator will send you an enrollment acknowledgment email when your trial begins, containing the Subscription price, billing interval, trial length and scheduled conversion date, and instructions on how to cancel. Operator will also send a conversion confirmation email at the time your trial converts to a paid Subscription. For trials longer than thirty-two (32) days, where required by applicable law, Operator will additionally send a renewal reminder before the trial ends.
You may cancel your Subscription at any time through your account settings, through the Stripe-hosted billing portal accessible from your account, or by emailing [email protected]. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that period ends. No partial or prorated refunds will be issued for unused time within a billing period, except where required by applicable law.
Operator may change Subscription pricing from time to time. Operator will provide at least thirty (30) days' email notice to the address associated with your account before any price change takes effect. Continued use of the Subscription after the effective date of the price change constitutes acceptance of the new pricing; if you do not agree to the new pricing, your sole remedy is to cancel before the effective date. Each renewal is billed at the then-current rate for your Subscription tier; promotional or prior pricing does not carry forward past the period for which it was granted unless we expressly state otherwise.
All Subscription fees are non-refundable except (a) where required by applicable law; (b) for duplicate charges or charges in error; (c) as provided in the courtesy refund provision below; or (d) at Operator's sole discretion. Refund requests should be sent to [email protected] within thirty (30) days of the charge in question.
Courtesy refund for first charge. As a one-time accommodation, if you are charged for your first billing period (including the first charge following a free trial) and request a refund within seven (7) days of that charge, Operator will issue a full refund of that first charge. This courtesy refund is available once per customer and does not affect the non-refundable terms applicable to subsequent billing periods. To request a courtesy refund, email [email protected] within seven (7) days of the charge.
Operator may, at its sole discretion, offer free tiers, trial periods, or promotional pricing. Operator reserves the right to modify, limit, or discontinue any free or promotional offering at any time without notice.
You are responsible for all applicable taxes, levies, and duties related to your Subscription, excluding taxes based on Operator's net income. If Operator is required to collect taxes on your behalf, those taxes will be added to your Subscription fee.
If a payment fails, Operator and Stripe may retry the charge, and Operator may suspend your access to paid features until the payment issue is resolved. Continued failure to pay may result in account termination. Operator is not responsible for any fees charged by your bank or payment provider in connection with failed payments.
In the event Operator assigns this Agreement to a successor entity (such as a limited liability company) pursuant to Section 19, your Subscription will continue uninterrupted, your billing relationship will transfer to the successor, and Stripe will continue to process payments on behalf of the successor. No action is required of you. The Privacy Policy will be updated to reflect the new controller, and you will be notified by email or in-app notice as described in Section 2.
By creating an account or enabling alerts, you consent to receive transactional communications from Operator, including without limitation: account confirmations, password resets, billing receipts and renewal notices, subscription enrollment acknowledgments and conversion confirmations, alert notifications, security notices, service-disruption notices, and notices required by law or by these Terms. Transactional communications are a necessary part of the Service, and you cannot opt out of them while maintaining an active account. Authentication emails (including magic-link sign-ins and password resets) are delivered by Supabase, Inc. Billing receipts and renewal notices are sent by Stripe, Inc. Alert notification emails and subscription acknowledgment emails are sent via Loops, Inc. (see Section 9).
Operator may send you marketing and promotional communications, including product updates, new feature announcements, fishing reports, oceanographic insights, tips, surveys, and information about products of selected partners. Marketing communications may be sent via email, push notification, in-app messaging, or other channels.
You may opt out of marketing communications at any time by: (a) clicking the "unsubscribe" link in any marketing email; (b) adjusting your notification preferences in your account settings; or (c) contacting [email protected]. Operator will process your opt-out request within ten (10) business days, consistent with applicable law (including the CAN-SPAM Act). Opting out of marketing communications does not affect transactional communications.
Operator does not sell your email address or contact information to third parties for their independent marketing purposes. Where you have consented to Marketing cookies, Operator shares a hashed version of your email address with advertising partners for conversion matching and advertising measurement, as described in Privacy Policy Sections 6.4 and 11.3; those partners never receive your email address in readable form. Operator may, however, send you communications on behalf of selected partners; such communications will always be sent by Operator, not by the third party directly.
The Service includes an alert subsystem that allows you to configure notifications when oceanographic conditions in a region you select meet criteria you specify (such as SST thresholds, chlorophyll thresholds, or buoy observation thresholds).
You are solely responsible for the accuracy of your alert configuration, including the region, layer, threshold, recipient email address, and frequency. Misconfigured alerts may produce excessive, missed, or incorrect notifications. Operator does not guarantee that any alert will fire when expected, will fire at all, or will fire only when conditions truly meet the configured criteria.
Alert notifications are delivered on a best-effort basis. Operator does not warrant that alerts will be delivered promptly, in any specific timeframe, in any specific quantity, or at all. Email delivery depends on third-party providers (including Loops and the recipient's email infrastructure) and may be delayed, deferred, deduplicated, or filtered as spam. You shall not rely on alerts as your sole, primary, or material source of information for any safety-critical, navigation, or time-sensitive activity.
Alert notifications may include a server-rendered screenshot of the relevant region of the Service, generated and stored short-term in Operator's Cloudflare R2 storage with HMAC-signed URLs that expire after a limited period. Alert email content (including the recipient address, subject line, and rendered preview) is transmitted to Loops, Inc. ("Loops") for delivery to the recipient's email provider.
You are solely responsible for the validity, accuracy, and ongoing accessibility of the recipient email address you configure. If your email address becomes invalid, full, or otherwise undeliverable, Operator's obligations are limited to a single best-effort delivery attempt; Operator has no obligation to retry, queue, escalate, or otherwise compensate for delivery failure.
You hereby irrevocably and unconditionally assign to Operator all right, title, and interest in and to all Feedback you submit, in any medium, by any means, and through any channel, including without limitation email, in-app feedback tools, surveys, social media posts, forum posts, and verbal communication. This assignment includes all worldwide copyright, patent (including the right to file and prosecute patent applications based on Feedback), trademark, trade secret, and any other intellectual property rights, by operation of law to the maximum extent permitted, and otherwise immediately upon submission.
To the extent any portion of the Feedback cannot be assigned under applicable law, you grant Operator a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, sublicensable (through multiple tiers), and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, commercialize, exploit, and otherwise dispose of such Feedback in any manner, in any medium now known or later developed, and for any purpose whatsoever, without attribution, compensation, or obligation to you.
You expressly and irrevocably waive any and all "moral rights," rights of attribution, rights of integrity, and any similar rights you may have in any jurisdiction with respect to the Feedback, and you waive any and all claims, rights, or causes of action you may have against Operator arising from or related to Operator's use, non-use, modification, distribution, or exploitation of the Feedback, including without limitation claims for compensation, intellectual property infringement, misappropriation, breach of confidence, or unjust enrichment.
Operator is under no obligation to review, acknowledge, respond to, implement, or otherwise act on any Feedback. No confidential or fiduciary relationship is created by your submission of Feedback. Operator may independently develop ideas, features, or products that are similar to or competitive with your Feedback. You represent and warrant that your Feedback does not contain confidential or proprietary information of any third party and that you have all rights necessary to assign and license the Feedback as set forth in this Section.
You agree not to (and not to permit any third party to):
Violation of this Section may result in immediate suspension or termination of your account without notice, without refund, and without limiting any other remedies available to Operator.
You retain ownership of your User Content, subject to the license grants in this Section.
By submitting User Content to the Service, you grant Operator a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to use, reproduce, store, display, transmit, modify, create derivative works from, and process your User Content for the purposes of providing, maintaining, securing, improving, developing, marketing, and promoting the Service and any successor product or service offered by Operator. This license continues after termination of your account with respect to: (a) anonymized or aggregated data derived from your User Content; (b) backups or archives created in the ordinary course of operating the Service; and (c) User Content shared with or visible to other Users.
Operator has no obligation to monitor, review, screen, or edit User Content. However, Operator reserves the right to remove or disable access to any User Content at any time, for any reason, without notice or liability.
You are solely responsible for your User Content. You represent and warrant that: (a) you own or have all necessary rights to submit your User Content; (b) your User Content does not violate any law, regulation, or third-party right (including intellectual property rights, privacy rights, and rights of publicity); and (c) your User Content is not defamatory, obscene, threatening, harassing, or otherwise objectionable.
The Service — including without limitation its software, source code, object code, processing pipeline, ingestion logic, data-encoding formats, value-grid encoding, tile-rendering pipeline, color palettes and colormaps, region definitions, alert configuration schema, alert algorithms, screenshot generation, land-mask methodology, provenance metadata, user interface, look and feel, graphics, layout, documentation, branding, the Chlorofishy name, the Chlorofishy leaf logo, all trademarks, trade dress, service marks, and all associated copyrights, patent rights, trade secrets, and other intellectual property rights — is the exclusive property of Operator and its licensors, and is protected by United States and international intellectual property laws.
Subject to your compliance with these Terms, Operator grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial fishing, research, or educational purposes, in accordance with these Terms. All rights not expressly granted are reserved by Operator. No implied licenses are granted under these Terms.
The raw satellite data and buoy observations underlying the Service are sourced from third parties (NOAA, NASA, EUMETSAT, NDBC, and similar) and are in the public domain or available under open-access licenses. Nothing in these Terms restricts your right to access that data directly from its original source. However, Operator's processed derivatives of that data — including without limitation the data tiles, value grids, encoded GeoTIFFs, color-rendered PNGs, screenshots, and any visualization, encoding, or interpretation produced by Operator — are proprietary works of Operator and may not be copied, extracted, stored, redistributed, or used to create derivative works except as expressly permitted by these Terms.
Except as expressly permitted by these Terms, you shall not (a) copy, modify, mirror, cache (beyond browser-default operation), distribute, sell, lease, sublicense, or create derivative works of any portion of the Service or its output; (b) extract or reproduce any tile, value grid, screenshot, buoy snapshot, or alert content for any purpose other than personal viewing; (c) frame, embed, link to, or incorporate the Service or any portion thereof into any other product, service, website, or application; or (d) make available access to the Service to any third party.
You shall not reverse engineer, decompile, disassemble, or attempt to derive the source code, encoding formats, or algorithms of any portion of the Service, except where (and only to the extent that) such activity cannot be prohibited by applicable law (such as the limited interoperability carve-out under EU Directive 2009/24/EC).
You shall not perform any benchmarking, competitive analysis, or public comparison of the Service against any other product or service, and shall not publish or disclose any such benchmark, analysis, or comparison, without Operator's prior written consent.
"Chlorofishy" and the Chlorofishy leaf logo are trademarks of Operator. You may not use these trademarks, or any confusingly similar mark, without Operator's prior written consent. Nothing in the Service grants you any license or right to use any Operator trademark.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
OPERATOR DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE DATA, ALERTS, OR SCREENSHOTS DISPLAYED OR DELIVERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (E) ANY DATA, CONTENT, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE SUITABLE FOR ANY PARTICULAR PURPOSE.
OPERATOR SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY DATA DISPLAYED OR DELIVERED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION SEA SURFACE TEMPERATURE, CHLOROPHYLL CONCENTRATION, BATHYMETRY, BUOY OBSERVATIONS, OR ANY OTHER OCEANOGRAPHIC OR METEOROLOGICAL MEASUREMENT. SUCH DATA ORIGINATES FROM THIRD-PARTY SOURCES OVER WHICH OPERATOR EXERCISES NO CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE SERVICE IS NOT A NAVIGATION AID, WEATHER SERVICE, MARINE ELECTRONICS DEVICE, OR SAFETY-CRITICAL SYSTEM. The Service is designed to visualize historical and near-historical satellite ocean data and buoy observations for informational purposes related to recreational and commercial fishing.
You are solely and exclusively responsible for: safe vessel operation; compliance with all applicable maritime, fishing, and environmental laws and regulations; monitoring of weather and sea conditions through appropriate and reliable channels (including without limitation NOAA Weather Radio, U.S. Coast Guard notices, VHF marine radio, and certified marine electronics); carrying all required safety equipment; filing float plans; and all decisions made while at sea or in preparation for any offshore activity.
Do not rely on the Service as your sole, primary, or material source of information for any activity where personal safety, vessel safety, or property is at stake. Satellite data and buoy data cannot detect localized hazards, including without limitation sudden weather changes, squalls, waterspouts, rogue waves, debris fields, submerged objects, vessel traffic, uncharted shoals, rapidly shifting currents, or any other hazard.
MARINE AND OFFSHORE ACTIVITY CARRIES INHERENT RISK, INCLUDING THE RISK OF INJURY, DEATH, AND TOTAL LOSS OF PROPERTY. BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL SUCH RISK, REGARDLESS OF WHETHER YOU USED THE SERVICE IN CONNECTION WITH SUCH ACTIVITY, AND THAT OPERATOR SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, ILLNESS, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR MARINE OR OFFSHORE ACTIVITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPERATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, BUSINESS, OR ANTICIPATED SAVINGS; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PERSONAL INJURY, ILLNESS, OR DEATH; PROPERTY DAMAGE OR VESSEL DAMAGE; LOSS OR DAMAGE TO CATCH; BUSINESS INTERRUPTION; OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, OR ANY ALERT, NOTIFICATION, DATA, OR SERVICE OUTPUT, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, STATUTE, OR OTHERWISE), AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPERATOR'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, OR ANY RELATED MATTER SHALL NOT EXCEED THE GREATER OF: (A) FIFTY UNITED STATES DOLLARS (USD $50.00); OR (B) THE TOTAL FEES YOU ACTUALLY PAID TO OPERATOR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS, IN ANY FORUM, BY YOU AGAINST OPERATOR, COMBINED.
OPERATOR SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, OR HARM ARISING FROM: (A) THE ACTS OR OMISSIONS OF THIRD-PARTY DATA PROVIDERS, INCLUDING GOVERNMENT AGENCIES; (B) THE UNAVAILABILITY, INACCURACY, OR INCOMPLETENESS OF THIRD-PARTY DATA; (C) THE ACTS OR OMISSIONS OF ANY OTHER THIRD PARTY (INCLUDING WITHOUT LIMITATION STRIPE, CLOUDFLARE, VERCEL, SUPABASE, POSTHOG, LOOPS, APPLE, OR GOOGLE); (D) YOUR RELIANCE ON ANY DATA, ALERT, INFORMATION, OR VISUALIZATION PROVIDED BY THE SERVICE; OR (E) YOUR OWN NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT.
THE LIMITATIONS AND EXCLUSIONS IN SECTIONS 14, 15, AND 16 APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 16 AND IN SECTIONS 14 AND 15 ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND OPERATOR, REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK, AND THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
To the extent any applicable law prohibits the exclusion of certain liabilities (such as liability for gross negligence, willful misconduct, or fraud under California law) or imposes a minimum liability floor, the limitations in this Section 16 apply to the maximum extent permitted, and the prohibited liabilities are limited to the minimum permitted by law.
You agree to indemnify, defend, and hold harmless Operator and its officers, directors, employees, agents, affiliates, successors, assigns, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with: (a) your access to or use of the Service; (b) your violation of these Terms or any applicable law or regulation; (c) your User Content or your Feedback; (d) any allegation that your use of the Service infringes or misappropriates any third-party right; (e) any dispute between you and any third party arising from your use of the Service; (f) your use of the Service for unlawful fishing, fishing in restricted waters, or any activity in violation of marine, environmental, or sanctuary laws; or (g) your negligence, recklessness, or willful misconduct in connection with any activity informed by or related to the Service, including without limitation vessel navigation, fishing, and offshore operations.
Operator will provide you with prompt written notice of any claim subject to indemnification (provided that failure to provide notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by the failure). You shall assume the defense of any such claim with counsel reasonably acceptable to Operator, provided that Operator may participate in the defense at its own expense. You shall not settle any claim without Operator's prior written consent if the settlement would impose any obligation on Operator, admit any liability or wrongdoing on Operator's part, or include any non-monetary remedy against Operator.
You agree to cooperate fully with Operator in the defense or settlement of any claim subject to indemnification, including providing documents, information, and testimony as reasonably requested.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH OPERATOR AND LIMITS YOUR ABILITY TO BRING A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.
These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before initiating any formal dispute resolution proceeding, you agree to first contact Operator at [email protected] and provide a written description of the dispute, including all relevant facts and the relief you request. You agree to engage in good faith informal resolution efforts for at least thirty (30) days from the date of your written notice before filing any claim. Failure to comply with this requirement is grounds for dismissal of any claim.
If the dispute is not resolved through Section 18.2, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including the determination of the scope, applicability, or enforceability of this agreement to arbitrate — shall be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, if JAMS is unavailable, by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules). The arbitration shall be conducted in Ventura County, California, or, at your election, by videoconference. The language of the arbitration shall be English. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
YOU AND OPERATOR EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, MASS ACTION, OR REPRESENTATIVE ACTION AGAINST OPERATOR. TO THE EXTENT PERMITTED BY LAW, YOU AND OPERATOR EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
Severability Poison-Pill. If the class-action / class-arbitration waiver in this Section 18.4 is held to be unenforceable as to a particular claim or remedy, then that claim or remedy shall be severed and proceed in court (and not in arbitration) on an individual basis only, and the remainder of this Section 18 (including the agreement to arbitrate all other claims) shall remain in full force and effect. The class-action waiver and the agreement to arbitrate are not severable from each other except as provided in this poison-pill clause; in particular, no claim shall proceed in arbitration on a class, consolidated, or representative basis.
Notwithstanding Section 18.3:
If the arbitrator or a court finds that any claim was frivolous or brought in bad faith, the non-prevailing party shall reimburse the prevailing party for all reasonable attorneys' fees, arbitration fees, and costs incurred in connection with the proceeding.
All aspects of any arbitration proceeding under these Terms — including the existence of the proceeding, the submissions, evidence, and the award — shall be strictly confidential, except as required by law or as necessary to enforce the award.
For any claim that is not subject to arbitration under this Section 18 (including claims under Sections 18.4 (poison-pill), 18.5 (carve-outs), or as otherwise required by law), you and Operator each consent to the exclusive jurisdiction and venue of the state and federal courts located in Ventura County, California, and waive any objection based on inconvenient forum.
Operator's Right to Assign. Operator may freely assign, transfer, or delegate this Agreement, in whole or in part, to any successor entity, affiliate, acquirer, subcontractor, or other party, including without limitation in connection with a merger, acquisition, asset sale, corporate reorganization, change of control, or formation of a successor business entity (such as a limited liability company or corporation later formed to operate the Service), without notice to or consent from you. Upon such assignment, all references to "Operator" in these Terms shall refer to the assignee or successor, and your rights and obligations shall continue in favor of and bind such successor without interruption.
Your Inability to Assign. You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, whether voluntarily, by operation of law, or otherwise, without Operator's prior written consent. Any attempted assignment by you in violation of this Section is null and void.
Your use of the Service is subject to the Privacy Policy and the Cookie Policy, each of which is incorporated by reference into these Terms. By using the Service, you consent to the data practices described in those documents, subject to your cookie consent choices.
The Service relies on or integrates with third-party services, including without limitation Stripe (payment processing), PostHog (product analytics), Loops (transactional email), Cloudflare (content delivery, R2 storage), Vercel (hosting and analytics), Supabase (authentication and database), Apple (Sign in with Apple), and Google (Google Sign-In and, when applicable, Play Store billing). Your use of any such third-party service is governed by that third party's own terms and policies. Operator is not responsible or liable for the availability, accuracy, content, or practices of any third-party service, and your use of any such service is at your sole risk.
A current list of subprocessors is maintained in the Privacy Policy. Operator may add or change subprocessors from time to time; material additions will be posted to the Privacy Policy before they take effect, and continued use of the Service after the effective date constitutes acceptance. Where applicable law requires a specific notice period or your consent before such a change may take effect, Operator will comply with that requirement.
These Terms, together with the Privacy Policy, the Cookie Policy, and any Subscription terms or supplemental terms presented at the time of purchase or enrollment, constitute the entire agreement between you and Operator with respect to the Service, and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. If the invalid provision cannot be enforced to any extent, it shall be severed and the remaining Terms shall be construed as if the invalid provision had not been included. The poison-pill provision in Section 18.4 governs severability of the class-action waiver.
Operator's failure or delay in exercising any right, remedy, or provision of these Terms shall not constitute a waiver of that right, remedy, or provision. A waiver of any right or provision shall be effective only if in writing and signed by Operator, and shall apply only to the specific instance for which it is given.
Operator shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including without limitation: government satellite or data-source unavailability or degradation; government shutdowns; acts of God; natural disasters; earthquakes; fires; floods; epidemics or pandemics; acts of war or terrorism; civil unrest; labor disputes; internet, telecommunications, or power failures; third-party service-provider failures; cyberattack; changes in law or regulation; and acts or omissions of government agencies upon whose data the Service depends.
Notices to Operator shall be sent to [email protected] or, where required, to 530 W Ojai Ave, Suite 201, Ojai, CA 93023. Notices to you will be sent to the email address associated with your account or, for unauthenticated Users, by posting on the Service. You are responsible for keeping your email address current. Notice is deemed given upon delivery for email and upon posting for notices on the Service.
Section headings are for convenience only and shall not affect interpretation. The word "including" means "including without limitation." Singular includes plural and vice versa.
Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and Operator.
You agree that these Terms and all related documents may be executed, delivered, and stored electronically, and that your electronic acceptance of these Terms (including by clicking "I agree," registering for an account, accepting via the consent gate, or continuing to use the Service after notice) has the same legal effect as a physical signature. You waive any rights or requirements under any law in any jurisdiction that requires an original (non-electronic) signature or delivery or retention of non-electronic records.
The following provisions, and any other provisions that by their nature should survive termination, shall survive any termination or expiration of these Terms: Sections 1, 4.3, 10, 11, 12.4, 13, 14, 15, 16, 17, 18, 19, 20, 21, and this Section 22.
You may not use or export the Service in violation of any applicable U.S. or other export-control or sanctions laws. You represent that you are not located in, and not a national or resident of, any jurisdiction subject to comprehensive U.S. sanctions, and that you are not on any U.S. government denied- or restricted-party list.
If you have questions about these Terms, contact Operator at:
These Terms of Service (Version v6) were last updated on August 1, 2026.