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Terms of Service

Last updated: December 26, 2024

Terms of Service

1. Acceptance of Terms

By accessing and using Nofo ("the Service"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") constitute a legally binding agreement between you and Nofo ("we," "us," or "our"). By creating an account, accessing, or using our Service, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into this agreement.

2. Description of Service

Nofo provides ocean forecasting and analysis services, including:

  • Real-time and forecasted ocean conditions data
  • AI-powered analysis and recommendations for marine activities
  • SMS and email notifications for forecast alerts
  • Customizable location and activity preferences

Our Service is designed for informational purposes to assist with planning marine activities. It should not be relied upon as the sole source of information for safety-critical decisions.

3. User Accounts

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Immediately notify us of any unauthorized use of your account

4. SMS Notification Services

By opting into SMS notifications, you consent to receive automated text messages from Nofo containing ocean forecast information. Message and data rates may apply. Message frequency varies based on your subscription and preferences.

  • You may receive up to 1 message per day per subscription
  • Messages are sent to the phone number you provide
  • You can opt out at any time by replying STOP to any message
  • Reply HELP for customer support
  • Supported carriers include major U.S. carriers; carrier fees may apply

5. Subscription and Billing

Premium features require a paid subscription:

  • Subscriptions are billed monthly or annually as selected at checkout
  • Payment is processed securely through Stripe
  • Subscriptions automatically renew unless cancelled before the renewal date
  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of the current billing period
  • No refunds are provided for partial billing periods
  • We reserve the right to change pricing with 30 days' notice

Free trial periods, if offered, automatically convert to paid subscriptions unless cancelled before the trial ends.

6. Account Termination

We may suspend or terminate your account and access to the Service at our discretion, without prior notice, for conduct that we believe:

  • Violates these Terms or applicable laws
  • Is fraudulent, abusive, or harmful to other users
  • Involves unauthorized access or use of the Service
  • Interferes with the operation of the Service
  • Involves the distribution of malware or spam

You may terminate your account at any time by contacting us or using the account deletion feature. Upon termination, your right to use the Service immediately ceases. We may retain certain data as required by law or for legitimate business purposes as described in our Privacy Policy.

7. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Nofo and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

  • Our Content - All text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software are our property or licensed to us.
  • Trademarks - "Nofo" and our logos are trademarks of Nofo. You may not use these marks without our prior written permission.
  • User Content - You retain ownership of any content you submit. By submitting content, you grant us a non-exclusive, royalty-free license to use, modify, and display it in connection with the Service.
  • Third-Party Data - Ocean forecast data is sourced from NOAA, WaveWatch III, and other public and private sources. We do not claim ownership of this underlying data.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software without our written permission.

8. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation
  • Infringe on the rights of others
  • Transmit harmful, offensive, or illegal content
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers
  • Use automated tools to scrape or collect data without permission
  • Impersonate any person or entity
  • Engage in any activity that could damage our reputation

9. Data Accuracy Disclaimer

Ocean forecast data is provided for informational purposes only. While we strive for accuracy using data from reputable sources including NOAA, WaveWatch III, and other meteorological services:

  • Weather and ocean conditions can change rapidly and unpredictably
  • Forecasts are inherently uncertain and subject to error
  • AI-generated analysis may not account for all relevant factors
  • Local conditions may differ from forecasted conditions

Always check official sources and current conditions before engaging in ocean activities. Our Service should be used as one of many tools in your planning process, not as the sole determinant of safety decisions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
  • WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE.
  • OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
  • WE ARE NOT RESPONSIBLE FOR INJURIES, DAMAGES, OR LOSSES RESULTING FROM DECISIONS MADE BASED ON OUR FORECASTS OR INFORMATION.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Nofo and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any content you submit to the Service

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Multnomah County, Oregon, and you hereby consent to the personal jurisdiction and venue of such courts.

13. Dispute Resolution

Informal Resolution: Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at support@nofo.app. We will attempt to resolve the dispute within 30 days.

Binding Arbitration: If informal resolution is unsuccessful, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Portland, Oregon, or via video conference at your election.

Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted on an individual basis only, and not as a class action, representative action, or consolidated arbitration. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions: Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

14. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the Service, you agree to the collection and use of information in accordance with our Privacy Policy.

15. Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated revision date. For material changes, we will provide additional notice via email or in-app notification.

Your continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the new Terms, you must stop using the Service.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nofo regarding the Service and supersede all prior agreements, understandings, and communications.

19. Contact Information

For questions about these Terms of Service, please contact us at:

Email: support@nofo.app
Website: https://nofo.app

For legal notices, please send correspondence to our registered address or email legal@nofo.app.