Terms & Conditions

1. Agreement

By downloading, installing, accessing, or using SwellSnap (the “App”), you agree to these Terms & Conditions (“Terms”) and to our Privacy Policy. If you do not agree, do not use the App. We may update these Terms; the “Last updated” date above will change when we do. When required, we will prompt you to accept updated Terms or Privacy Policy before continued use.

2. The App (general information only)

SwellSnap provides marine weather information, oceanographic-style overlays, planning maps, species- and habitat-style analysis, recreational fishing regulation summaries (Premium), notifications, and related tools for general planning and education only. A free tier includes core map and forecast features; SwellSnap Premium unlocks additional tools through an auto-renewable subscription billed by Apple. Features may change, break, or be removed at any time. The App is not a substitute for official navigation charts, official weather or ocean forecasts, legal advice, licensed professional maritime services, or your own sound judgment.

3. Eligibility & access

You represent that you have the legal capacity to agree to these Terms. The free tier does not require creating a separate SwellSnap account. If you subscribe or make in-app purchases, Apple’s standard App Store terms apply at purchase (including billing and refunds through your Apple ID). You are responsible for activity on your device and for keeping your device and Apple account secure.

4. No warranty

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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF HARMFUL COMPONENTS, OR SUITABLE FOR ANY PARTICULAR VOYAGE OR OPERATION.

5. Not professional advice; your decisions

Nothing in the App is professional maritime, legal, medical, engineering, or safety advice. Weather, sea state, currents, waves, and regulatory summaries can be incomplete, delayed, mis-stated, outdated, or wrong. YOU ALONE ARE RESPONSIBLE FOR DECISIONS ABOUT WHETHER TO GET UNDERWAY, ROUTE SELECTION, ANCHORING, FUEL, SEAMANSHIP, FISHING LEGALITY, AND PERSONAL SAFETY. Always consult official sources (NOAA, NWS, NDBC, U.S. Coast Guard, state and federal fisheries agencies, published charts, and local authorities) before acting.

6. Assumption of risk

Boating, fishing, diving, and going offshore involve inherent risks, including risk of injury, death, vessel loss, and environmental harm. You voluntarily assume all risks arising from your use of the App and from any activities you undertake in reliance on information from the App.

7. Marine weather, forecasts & go/no-go suggestions

Any forecast, rating, color scale, Go/No-Go summary, timing suggestion, or narrative in the App is an approximate, automated convenience. It is not a clearance to depart or a guarantee of safe conditions. You must verify conditions with official sources and your own judgment before leaving port.

8. Fishing regulations

Regulation summaries in the App (SwellSnap Premium) are derived from bundled or retrieved reference material for convenience only. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS. YOU MUST VERIFY ALL HARVEST, SIZE, BAG, SEASON, GEAR, LICENSING, AND AREA RULES WITH CURRENT OFFICIAL REGULATIONS BEFORE FISHING OR RETAINING CATCH. SWELLSNAP IS NOT RESPONSIBLE FOR CITATIONS, FINES, OR ENFORCEMENT ACTIONS.

9. Charts, maps & navigation

Map overlays (including depth, relief, chlorophyll, SST, currents, and structure pins) are for planning and situational awareness only. They are not certified for navigation. Do not use the App as a primary means of navigation. Always use official nautical charts and approved navigation equipment.

10. Third-party data & services

The App may rely on third-party data providers, APIs, and map tiles. We do not control third-party availability, accuracy, latency, or pricing. Outages or policy changes may degrade or disable features without notice.

11. Location

Optional location features require your permission. You can revoke location access in iOS Settings. We do not guarantee GPS accuracy or suitability for navigation.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SWELLSNAP, ITS DEVELOPERS, OWNERS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR YOUR BOATING OR FISHING ACTIVITIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP OR SUBSCRIPTION IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS (US $50).

13. Indemnity

You agree to defend, indemnify, and hold harmless SwellSnap and its developers from any claims, damages, losses, liabilities, fines, and expenses arising from your use of the App, your boating or fishing activities, your violation of these Terms, or any law or third-party rights.

14. Subscriptions & payments

If you purchase SwellSnap Premium, payment is charged to your Apple ID account. New subscribers may receive a 14-day free trial when eligible; after the trial, the subscription automatically renews at the price shown in the App Store (currently about $12.99 per month in the U.S.) unless you cancel at least 24 hours before the end of the trial or current billing period. Your account is charged for renewal within 24 hours before the end of the current period. Manage or cancel in App Store account settings. Apple’s standard terms apply to billing and refunds.

15. Acceptable use

You agree not to misuse the App: no reverse engineering to steal services, no attempts to overload systems, no use that violates law, and no scraping or redistribution of our software or proprietary content except as allowed by law.

16. Intellectual property

The App, branding, and original content are protected by intellectual property laws. You receive a limited, personal, non-exclusive, non-transferable license to use the App on devices you own or control, subject to these Terms.

17. Governing law & disputes

These Terms are governed by the laws of the United States and the State of North Carolina, excluding conflict-of-law rules. Exclusive jurisdiction and venue for disputes will lie in the state or federal courts located in North Carolina, except where prohibited by law.

18. Severability

If any provision is held invalid, the remaining provisions remain in effect.

19. Contact

For questions about these Terms: support@swellsnap.app