The Not-so-small Print You Agree to by Using Our Services

Saildrone builds and manages a global fleet of wind and solar-powered autonomous ocean vehicles designed to collect data critical to weather forecasting and climate modeling. In using the Saildrone Forecast App, you can receive customizable weather alerts, and notifications for any combination of temperature, rain, snow, wind speed, or wind direction at all your favorite locations.

These Terms of Service contain an arbitration provision. Please review the Arbitration section for details. 

These Terms of Service (“Terms”) govern your use of the Saildrone Forecast application (the “App”) and any related services offered by Saildrone, Inc. (together, the “Services”). Saildrone, Inc. and any of our affiliates (collectively “we” or “us” or “Saildrone”) provides the App and Services. “You” refers to you as a user of the App or Services.

BY USING THE APP OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.

1. Eligibility

You must be at least 18 years old to use the App or the Services. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the App and Services with permission from your parent or legal guardian.

You represent and warrant that you are an individual of legal age to form a binding contract. The App and the Services are not for use by anyone under the age of 18. If you’re agreeing to these Terms on behalf of an organization or company (the “Customer”), you represent and warrant that you are authorized to agree to these Terms on behalf of the Customer and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or company).

2. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

3. Account and Subscription Terms

Accounts: Some of the Services permit or require you to create an account to participate or to secure additional benefits. You agree that any information you provide and maintain (the “Registration Data”) is accurate, current, and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide. We may suspend or terminate your account and your ability to use the Services if you engage in, encourage, or advocate for illegal conduct or if you fail to comply with these terms or any Additional Terms. You accept, to the extent permitted by law, all risk of unauthorized access to the Registration Data and any other information you provide to us.

Subscriptions: Some of the Services require paid subscriptions to access. Your subscription starts as soon as your initial payment is processed and will continue until you elect to cancel. Unless you cancel, your subscription will automatically renew at the end of the subscription term, and your chosen payment method will be charged at the then-current rate. BY SIGNING UP FOR A SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AND, UNLESS YOU CANCEL YOUR SUBSCRIPTION, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD FOR THE RENEWAL TERM. We will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. YOU MAY CANCEL AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING. 

Payments: You will have the opportunity to review and confirm your subscription, payment method, and product details. The Apple Store will provide a confirmation of your order, at which time the contract for sale will be made and become binding on both you and us. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third-party payment card updating services to obtain current expiration dates on credit cards and debit cards. 

Inaccuracy Disclaimer: From time to time, there may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue with your order after pricing or other information has been corrected, please contact us right away, and we will work with you to cancel your order.

NO REFUNDS: When you subscribe to the Service, fees paid by you are non-refundable, except as otherwise provided in these Terms or when required by law. For clarity, if you cancel your subscription in the middle of a billing cycle, you will not receive a pro-rated refund of the subscription fees. Instead, your subscription will continue until the end of the current billing cycle before terminating. 

Special Offers: Occasionally we will offer special promotions to our customers that we refer to as “special offers.” These offers may be for a limited time only.

4. Acceptable Use of the App and Services

You are responsible for your use of the App and Services, and for any use of the App or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the App or Services, you may not:

• alter, remove, or obscure any proprietary notices, watermarks, legends, or other metadata included or embedded in the App or Services;
• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the App or Services;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any Web pages contained in the App;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the App or Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the App or Services; 
• adapt, alter, publicly display, publicly perform, translate, create derivative works of, or otherwise modify the App or the Services except as expressly authorized hereunder;
• sublicense, lease, rent, loan, transfer or distribute the App to any third party;
• allow third parties to access or use the App or Services, including without limitation in any application service environment, service bureau, or time-sharing arrangements;
• use any aspect of the App or the Services as training or validation of any artificial intelligence or machine-learning model; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

5. Access to App

5.1 If you download the App from the Apple Store, subject to your compliance with these Terms and the Apple Store terms, Saildrone hereby grants you a non-exclusive, non-transferable, worldwide, royalty-free, limited-term right to access the App solely for personal, non-commercial use on a single mobile device owned or otherwise controlled by you, strictly in accordance with the App’s documentation and these Terms.

5.2 As between the parties, Saildrone owns all right, title, and interest in and to the App, and any intellectual property rights associated with it. Saildrone reserves all rights in and to the App not expressly granted to you in these Terms. Except as expressly permitted by these Terms, by law, or by applicable third-party license, you must not and must not allow any third party to use or copy the App in a manner not expressly permitted by these Terms or use the App beyond its applicable term.

5.3 By using the App, you acknowledge that this section of the Terms is entered into by and between Saildrone and not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this section and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this section. Saildrone is solely responsible for the App and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. 

5.4 In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Saildrone, not Apple, Inc., will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

5.5 This section 5 only applies to the extent that you have access to the App. Upon deletion of the App from your mobile device, all rights granted to you in this section will also terminate, and you must cease use of the App and delete all copies of the App from your mobile device and account. Termination will not limit any of Saildrone’s rights or remedies at law or in equity.

6. Ownership, Licenses, and Restrictions

We own or license all right, title, and interest in and to (a) the App and Services, including all software, text, media, and other content available on the App and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The App and Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the App and Services are copyright © Saildrone. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Saildrone.

Subject to these Terms, Saildrone grants to you (a) a limited, nontransferable, nonexclusive, non-sublicensable, non-assignable, revocable license to access the App for internal use only. 

You may not use the App for any purpose except as expressly set forth herein or as otherwise agreed to by the Parties in writing.

7. Privacy

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

8. Links

The App and Services may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it. 

9. Changes to the App or Services

We enhance and update the App and Services often. We may change or discontinue the App or Services at any time, with or without notice to you.

10. Suspension and Termination

You must immediately notify us in writing if you discover or reasonably suspect any unauthorized use or access to the App, in whole or in part.

We may temporarily suspend or limit your access to the App if your usage: (i) exceeds the scope of the license specified in these Terms, (ii) unduly burdens the App, or (iii) is otherwise inconsistent with normal usage. In any such event, we will contact you to review and attempt to resolve the matter. We may charge you, and you will pay Saildrone’s costs associated with any such misuse if you fail to respond to and address the matter in a timely manner (not to exceed one (1) business day after our initial contact). 

We reserve the right to not provide the App or Services to any person. We also reserve the right to terminate any user’s right to access the App or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the App and Services automatically terminates.

11. Disclaimer and Limitations on Our Liability

YOU USE THE APP AND SERVICES AT YOUR OWN RISK. THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE APP OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE APP OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APP OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE APP OR SERVICES. 

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. 

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

13. Arbitration Agreement & Waiver of Certain Rights

Any controversy, claim, or dispute arising out of or relating to these Terms or the breach hereof (including the applicability of this clause), whether based on contract, tort, statute, or other legal or equitable theory shall be settled solely by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules then in effect. The arbitration shall be conducted in Alameda County, California, USA by a sole arbitrator and the award of the arbitrator shall be final and binding, and judgment on the award may be entered, confirmed, and enforced in any court having jurisdiction thereof. Except as required by judicial process or by law, no party or arbitrator may disclose the existence, contents, or results of any arbitration hereunder without the prior written consent of the Parties. The arbitrator shall award the fees and costs (including attorneys’ fees) to the party whom the arbitrator deems to be the party most prevailing in the proceeding. Nothing in this clause shall preclude any Party from seeking interim or provisional injunctive relief, including a preliminary injunction, either prior to or during arbitration, if necessary to protect the interests of such Party.

14. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws, rules, or provisions. 

If Section 13 is deemed to not be in effect for any reason, you agree that any action of whatever nature relating to these Terms, the App, or Services will be filed only in the state or federal courts located in the state of California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. 

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. 

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

15. Changes to these Terms

From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the App. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the App or Services, you are agreeing to the revised Terms. 

PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE APP FREQUENTLY FOR ANY CHANGES TO THESE TERMS.