This terms of use policy is pretty simple. However, all of the examples of these documents that I came across are presented in a very formal, legal sounding form. If you read through the terms, nothing should surprise you. If you have any questions, contact the author.
Date of last revision: March 17, 2021.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP. By using this Application (“LuckGrib”, the “App”) on any computer, mobile phone or tablet, you signify that you have read, understand and agree to be bound by these Terms of Use.
Description
LuckGrib is an app designed to help you understand weather systems. People can use the app for a variety of purposes, including aiding in their understanding of weather forecasts. Customers may be able to increase their understanding of weather systems and forecasts so that they can make their own decisions regarding navigation.
Not to be used for navigation
The app is not designed to be used for navigation. The app can be used to help the customer understand their own navigation decisions with respect to the weather, but all navigation decisions that a customer makes must be validated with real navigation information such, but not limited to, water depths, navigation aids, actual shore line hazards, and so on. People using the app must seek proper training regarding safely navigating a vessel, and that knowledge must be primary in their decision making. Decisions related to safely navigating around hazards, legal boundaries and following best navigation practices are primary. Optimizing travel within these primary navigation constraints, as related to weather, are secondary concerns. The app can help with with these secondary navigation decisions.
Weather data accuracy and availability.
The app makes available a variety of “weather models” (or “models”) from agencies and teams from around the world. All of these models can only approximate the actual weather that will occur in the future (or the past, or the current time), all of these models contain a great deal of uncertainty in their model data and none of them should be depended upon for accuracy.
Any of the models being provided by the app may disappear at any time, for short or long periods of time, or even permamently, for any reason that may be under the control of the author, or by some delegate of the author, or by the team responsible for creating the data at its primary sources.
There is no warranty provided regarding any of the weather data accuracy. Use at your own risk.
Access to Weather model data is provided through the app, while using high speed internet, or optionally, through an in-app purchase, access to weather data via email or through a satellite device such as an Iridium GO!(tm) or RedPort Optimizer is available. Any of these access methods may change at any time, or be removed temporarily or permamently, through the actions of LuckGrib, a delegate, or by a third party, intentionally or otherwise. The amount of data available through each of these methods may be restricted, per download or over some period of time, solely at the discretion of LuckGrib. There are limits to the amount of data that can be delivered in a weather data download, and this limit may change over time, without notice.
Intellectual Property
This App is protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
This App was designed, created and implemented by the author. There are a number of third party libraries and data sets being used in the app implementation, all of which are in the public domain and with license terms allowing this usage.
The implementation of LuckGrib is currently private. All of the techniques used in the App’s implementation are well known (math, geometry, software engineering) and the author does not make any claim to them. Feel free to reverse engineer any of the algorithmic techniques used by this app.
App Use Restrictions
You may use the content in this App for your own commercial or non-commercial use. If you use the content of this App for commercial use, you are encouraged to mention the name “LuckGrib” in your presentation and identify LuckGrib as the source of images or video created while using the app.
Limitation of Liability
You hereby release LuckGrib and its author from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other App or Website users.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE APP, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. AND A LOT OF OTHER STRICT STUFF! IF YOU DO NOT ENJOY THIS APP, THANKS FOR YOUR TIME AND PLEASE MOVE ALONG TO SOME OTHER APP WHICH YOU MAY ENJOY MORE. IF YOU ARE ENJOYING THIS APP, NOTE THAT IT MAY BE REMOVED AT ANY TIME. THAT’S LIFE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold harmless LuckGrib and its author, from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of the App, your conduct in connection with the App or with any other App users.
As the app is not to be used for navigation, any damages caused by errors in navigation are, by definition, not the responsibility of LuckGrib or its author.
For goodness sake, its meant to be a useful little app. I hope you enjoy it and that it proves useful to you. However, if you don’t or it doesn’t, just move along and find some other app that may be more suited to your interests.
Access to the App
Access to the App may be suspended or withdrawn temporarily or permanently at any time and without notice. This applies both to the app in its entirety, any functional (or non-functional) portion of the app, and any of the various weather models the app provides access to. We may also impose restrictions on the length and manner of usage of any part of the App for any reason.
Payments and refunds
When first using the app, you may have been eligible to use the app during a “free trial” period. After this trial, you are free to choose to purchase access to the app, or decline and no longer use the app.
The app purchase process is handled by Apple through its in-app purchase facility.
If, after purchasing the app, you feel you are warranted to a refund, that should be discussed with a representative from Apple. Apple is free to grant a refund, or not, at their sole discretion. In no case, will LuckGrib, or its author, be held directly accountable for any refund amount.
Termination
LuckGrib and its author reserve the right, at our sole discretion, to terminate this App, or any of its systems and components, or any of the weather models that the app provides access to, at any time. These Terms of Use remain in effect even after the app, or a component of the app, or a weather model, is terminated. The Terms of Use relating to the Intellectual Property, Indemnification, Limitation of Liability, Warranty and terms that by their nature may survive termination shall survive termination.
Severability
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to use the App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the App.
Change Log
This Change Log section is not a part of these Terms.
2021-03-17: Created.