SurfWindow - Terms of Service

Effective Date: January 1, 2025 Last Updated: January 1, 2025

Welcome to SurfWindow! These Terms of Service ("Terms") govern your access to and use of the SurfWindow website, mobile applications, APIs, and related services (collectively, the "Service") operated by SurfWindow, LLC ("SurfWindow," "we," "our," or "us").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your region) to use the Service. By using SurfWindow, you represent and warrant that you meet this requirement.

2. Account Registration

To use certain features, you must create an account.

You agree to:

• Provide accurate information
• Keep your login credentials secure
• Be responsible for all activity under your account

SurfWindow is not liable for loss or damage if you fail to safeguard your account.

3. Use of the Service

SurfWindow provides tools for surf forecasts, crew pages, trip planning, photos, and albums.

You agree not to:

• Use the Service for illegal activity
• Access or attempt unauthorized access
• Interfere with the Service or security
• Upload harmful or infringing content
• Scrape, crawl, or use automated tools
• Reverse engineer or copy the Service

We may revoke your access for violations.

4. User Content

You may upload photos, sessions, trips, and comments ("User Content").

By posting User Content, you grant SurfWindow a non-exclusive, worldwide, royalty-free license to store, display, process, and use that content solely to operate the Service.

You retain all ownership of your content.

You represent that:

• You own the content
• It does not violate others' rights
• It complies with applicable laws

SurfWindow may remove content at its discretion.

5. Privacy

Your privacy is important to us. The Privacy Policy explains how we collect, use, and protect your information. By using SurfWindow, you agree to the Privacy Policy.

6. Paid Features

Some features may require payment.

By subscribing, you agree to:

• Provide valid payment info
• Allow recurring subscription charges
• Understand that refunds are not guaranteed

You may cancel at any time.

7. Intellectual Property

The Service and all related software, branding, and materials are owned by SurfWindow, LLC.

You may not:

• Copy or modify the Service
• Reverse engineer
• Redistribute
• Create derivative works

8. Prohibited Conduct

You may not:

• Harass, stalk, or harm others
• Upload explicit or violent content
• Post illegal activity
• Access accounts that are not yours
• Train or build competing services using SurfWindow
• Use bots or scrapers
• Manipulate forecasts or metadata

9. Service Availability

We may modify or discontinue features at any time.

We are not liable for:

• Outages
• Downtime
• Data loss
• Forecast inaccuracies

Surf forecasts are estimates; surfing is inherently risky.

10. Termination

We may suspend or terminate access if you violate these Terms.

Upon termination:

• Access is revoked
• Some data may be retained for legal compliance
• Deleted content may not be recoverable

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

We do not guarantee accuracy of forecasts or safety of surf conditions.

12. Limitation of Liability

To the fullest extent allowed by law, SurfWindow is not liable for:

• Surfing injuries
• Lost photos or data
• Reliance on forecasts
• Indirect or consequential damages

Our total liability is limited to the amount you paid in the last 12 months, if any.

13. Changes to These Terms

We may update these Terms periodically. Continued use of the Service constitutes acceptance of updated Terms.

14. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflicts of law.

Disputes will be resolved in Florida courts.

15. Contact Us

For questions, contact:

SurfWindow, LLC Email: legal@surfwindow.io