Effective Date: March 17, 2026
These Terms of Service (“Terms”) govern your access to and use of the SurfWindow website located at www.surfwindow.app and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms.
If you do not agree to these Terms, do not use the Service.
For questions about these Terms, contact legal@surfwindow.app.
1. The Service
SurfWindow provides forecast-based surf information, account features, surf preference tools, and alert functionality designed to notify users when saved conditions may match their preferences.
The Service may change over time. We may add, remove, suspend, or modify features at any time.
2. Eligibility and Accounts
You may use the Service only if you can form a binding contract and comply with applicable law.
If you create or access an account:
- you must provide accurate information;
- you are responsible for activity associated with your account or login links;
- you must not share access in a way that compromises security or violates these Terms.
You are responsible for maintaining the security of your email account and any device used to access SurfWindow.
3. Acceptable Use
You agree not to:
- use the Service in violation of law or regulation;
- attempt to gain unauthorized access to accounts, systems, or data;
- interfere with or disrupt the Service;
- scrape, reverse engineer, copy, or exploit the Service except as allowed by law;
- use the Service to send spam, abusive content, or harmful code;
- misuse surf alerts or other outputs in a way that could endanger others.
4. Forecast and Alert Disclaimer
SurfWindow provides informational tools only. Forecasts, condition scores, and alerts are estimates based on third-party and internal data processing and may be delayed, incomplete, or inaccurate.
You are solely responsible for your own decisions, including whether to enter the ocean or rely on any alert, forecast, timing estimate, or condition summary. Always evaluate real-world conditions, hazards, weather, currents, and official guidance before surfing or entering the water.
SurfWindow does not provide safety advice, emergency services, rescue services, professional ocean forecasting, or a guarantee that any alert will be delivered or delivered on time.
5. Communications
By using surf alert features, you agree that SurfWindow may send transactional emails related to account access, alerts, and core service operations.
You remain responsible for keeping your email address current and able to receive Service-related messages.
6. Intellectual Property
The Service, including its software, design, text, graphics, branding, and related content, is owned by SurfWindow or its licensors and is protected by applicable intellectual property laws.
Subject to these Terms, SurfWindow grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for its intended purpose.
You may not reproduce, modify, distribute, create derivative works from, publicly display, or commercially exploit the Service except as expressly allowed by SurfWindow or by law.
7. Third-Party Services
SurfWindow depends on third-party providers for hosting, authentication, data infrastructure, email delivery, and other operational support. We are not responsible for third-party outages, interruptions, or policy changes outside our control.
8. Suspension and Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if:
- you violate these Terms;
- we believe your use creates legal, security, or operational risk;
- the Service changes or is discontinued.
You may stop using the Service at any time.
Sections that by their nature should survive termination will survive, including sections on intellectual property, disclaimers, limitations of liability, governing law, and dispute resolution.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURFWINDOW DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SurfWindow does not warrant that the Service will be uninterrupted, error-free, secure, accurate, or available at any particular time, or that forecasts, alerts, or other outputs will be correct or complete.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURFWINDOW AND ITS AFFILIATES, OPERATORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, GOODWILL, REVENUE, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SURFWINDOW FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Nothing in these Terms limits liability that cannot be limited under applicable law.
11. No Paid Features Yet
As of the effective date above, SurfWindow does not describe paid subscriptions, paid memberships, or paid billing features in these Terms.
If SurfWindow introduces paid features in the future, we may update these Terms or present additional terms before those features become available.
12. Governing Law and Venue
These Terms are governed by the laws of the State of Hawaii, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Hawaii, and you consent to the personal jurisdiction and venue of those courts.
13. Changes to These Terms
We may revise these Terms from time to time. If we do, we will post the updated version on the Service and update the effective date above. Your continued use of the Service after revised Terms become effective constitutes your acceptance of the revised Terms.
14. General
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any provision of these Terms is not a waiver of that provision.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
These Terms constitute the entire agreement between you and SurfWindow regarding the Service, except for any additional terms that expressly apply to specific features.
15. Contact
For privacy, legal, support, or other notices related to these Terms, contact:
legal@surfwindow.app