1. Acceptance
By downloading, installing, accessing, or using the Services, or by tapping “agree,” completing onboarding, or purchasing a subscription, you accept these Terms and the Privacy Policy. If you do not agree, uninstall the apps and stop using the website.
If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.
2. The Services
Marine Conditions displays marine weather and ocean observations derived primarily from NOAA National Data Buoy Center, including wind, gusts, waves, period, pressure and pressure tendency, air and water temperature, dew point, visibility, tide, station metadata, maps, regional summaries, “best conditions” rankings, search, nearby-station lookup, historical charts, fog-risk hints, and cached NOAA buoy camera images.
The mobile apps may also provide favorites, condition alerts with local notifications, configurable units, home-screen widgets, Live Activities / live sessions, share sheets, deep links (marineconditions://), remote feature flags, a forced-update gate, and optional premium features.
We may add, change, or remove features, including advertising and subscriptions, without notice, except where the law requires notice.
3. Eligibility
You must be at least 16 years old to use the Services. The Services are not directed to children. By using them, you represent that you meet this age requirement and that you are not prohibited from using the Services under the laws of your jurisdiction or under US export or sanctions rules.
4. No account
We do not require a Marine Conditions account. Purchases are made through your Apple or Google account. You are responsible for that store account and for anyone who uses the Services on your device.
5. Informational use only; no professional advice
THE SERVICES ARE PROVIDED FOR GENERAL INFORMATIONAL AND CONVENIENCE PURPOSES ONLY. They are not marine, meteorological, hydrographic, or navigational advice. They are not a substitute for:
- Official NOAA / National Weather Service forecasts, warnings, offshore forecasts, and the NWS disclaimer
- Official nautical charts, tide tables, Notices to Mariners, COLREGS, and local harbor regulations
- A licensed captain, qualified skipper, or professional meteorologist
- Visual lookout, radar, AIS, soundings, and seamanship
Condition labels such as “good,” “caution,” or “danger,” “best conditions” lists, trend arrows, fog-risk badges (“high,” “possible,” “none”), and similar scores are simplified heuristics. Thresholds (for example wave height or wind speed cut-offs) are design choices, not guarantees of safety for any vessel, crew, or route.
Observations can be missing, delayed, cached, stale, interpolated, or wrong. Stations go offline. Camera images can be dark, delayed, or unavailable. Our cache may show an older frame. Fog-risk uses air-temperature minus dew-point spread and can be misleading.
YOU ASSUME ALL RISK OF USE. If you choose to boat, fish, surf, dive, swim, or travel based on anything you see in the Services, you do so at your own risk.
6. Alerts, widgets, Live Activities, and background refresh
Alerts compare your thresholds with observations available to the app. Notifications are local to the device. Background refresh, Low Power Mode, Focus modes, notification permission, network failures, and operating-system scheduling can prevent an alert from firing or a widget from updating.
WE DO NOT WARRANT THAT ANY ALERT, WIDGET, LIVE ACTIVITY, OR NOTIFICATION WILL BE TIMELY, ACCURATE, OR DELIVERED AT ALL. Do not use alerts as a watch system for vessel safety, flood warnings, or emergency response.
7. License and ownership
We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for your own lawful, non-commercial informational use, subject to these Terms.
We and our licensors own all rights in the software, design, trademarks, compilation, and original text. NOAA observations and buoy camera images remain subject to NOAA / US government terms and the NWS disclaimer. You may not copy, scrape at scale, reverse engineer (except where the law forbids that restriction), republish our APIs as a competing service, or remove proprietary notices.
Feedback you send us may be used by us without restriction or compensation.
8. Acceptable use
You agree not to:
- Use the Services for emergency dispatch, official navigation, or any use where failure could cause death, personal injury, or environmental harm
- Interfere with, overload, or probe the Services; bypass rate limits; or access non-public endpoints
- Misrepresent data from the Services as an official government forecast
- Use the Services to infringe intellectual property or privacy rights, or to violate any law
- Attempt to extract advertising identifiers or analytics IDs of other users
- Redistribute our API commercially without a separate written license
9. Subscriptions, purchases, and ads
9.1 Premium
If offered, Premium may include an ad-free experience, higher or unlimited favorites and condition alerts, advanced charts, and fuller camera-feed access. The paywall and store listing at the time of purchase control the then-current benefits, price, and term. Feature flags may change availability.
9.2 Apple App Store subscriptions (required disclosures)
If you subscribe through the Apple App Store:
- Payment will be charged to your Apple ID account at confirmation of purchase.
- The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
- Your account will be charged for renewal within 24 hours prior to the end of the current period at the cost of the chosen plan.
- You can manage and cancel subscriptions in your Apple ID Account Settings after purchase.
- Any unused portion of a free trial, if offered, is forfeited when you purchase a subscription.
- Prices and durations (for example weekly, monthly, or annual) are displayed in the app and in the App Store at checkout. Taxes may apply.
9.3 Google Play subscriptions
If you subscribe through Google Play, Google charges your Google account, subscriptions renew according to Google Play terms unless you cancel in Google Play subscriptions, and refunds are handled under Google’s refund policy. Price and term are shown at checkout.
9.4 Who handles payment and refunds
We do not collect or store your card number. Apple or Google is the merchant of record. Refund requests must be made through Apple or Google. We can confirm entitlement status but cannot override store refund rules.
Purchases are processed by Adapty as a subscription infrastructure provider. Restore Purchases is available in Settings.
9.5 Advertising
Free users may see third-party ads (including app-open and banner ads, and possibly interstitials or rewarded ads). Ads are provided by CAS.AI and its partners. We are not responsible for advertiser content or destinations. Premium is intended to remove our in-app ads; store UIs and system ads are outside our control.
10. Third-party services
The Services depend on third parties, including NOAA/NDBC, Apple, Google, Adapty, Firebase, AppMetrica, CAS.AI / AdMob and other ad networks, MapKit, and image CDNs. Outages, license changes, or inaccurate upstream data are outside our control. Deep links, share sheets, and “open in maps” actions hand you to third-party apps that have their own terms.
11. Availability; changes; force updates
We may change, suspend, or discontinue any part of the Services at any time. We may require you to update the app to a minimum version. Older versions may stop working. We are not liable for data loss on your device.
We may use remote configuration to enable or disable paywall, ads, camera feed, nearby, search, or other flags.
12. Intellectual property complaints
If you believe content in the Services infringes your copyright, email support@marineconditions.com with a description of the work, the URL or station ID, your contact information, and a good-faith statement as required by applicable law. NOAA imagery and observations should be disputed with NOAA where appropriate.
13. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT DATA WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR NAVIGATION OR SAFETY; THAT ALERTS WILL FIRE; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN THOSE JURISDICTIONS, WARRANTIES ARE LIMITED TO THE SHORTEST PERIOD PERMITTED.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST VESSEL TIME, HAUL-OUT COSTS, FUEL, SALVAGE, INSURANCE DEDUCTIBLES, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING FROM THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) US $50 OR (B) THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (WHICH IS ZERO IF YOU ONLY USED THE FREE SERVICES).
THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED. IF YOU ARE A CONSUMER IN THE EUROPEAN UNION, UNITED KINGDOM, OR ANOTHER JURISDICTION WITH MANDATORY PROTECTIONS, THOSE PROTECTIONS PREVAIL.
15. Indemnification
To the maximum extent permitted by law, you will indemnify, defend, and hold harmless Marine Conditions and our officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your use of the Services, including any voyage, trip, or recreational activity; (b) your violation of these Terms or any law; (c) your misuse of NOAA or other third-party data; or (d) any content you submit to us.
16. Release
To the maximum extent permitted by law, you release us from all claims related to NOAA data quality, missed alerts, advertising content, store billing decisions, and third-party SDK behavior. If you are a California resident, you waive California Civil Code § 1542 (and similar laws), which says that a general release does not extend to claims you do not know or suspect to exist at the time of the release.
17. Informal resolution; binding arbitration; class-action waiver
Before filing a claim, you agree to email support@marineconditions.com with a description of the dispute and a proposed resolution, and to wait thirty (30) days so we can try to resolve it informally.
IF THE DISPUTE IS NOT RESOLVED, AND EXCEPT FOR THE EXCLUSIONS BELOW, YOU AND WE AGREE TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS BY FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. THE SEAT OF ARBITRATION IS WILMINGTON, DELAWARE, UNLESS THE AAA RULES REQUIRE A DIFFERENT VENUE. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. ARBITRATION AND COURT PROCEEDINGS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
Either party may bring an individual action in small-claims court. Either party may seek injunctive or other equitable relief in court to protect intellectual property or unauthorized access to the Services. If the class-action waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration.
If you are a consumer in a jurisdiction that prohibits mandatory pre-dispute arbitration, this Section 17 does not apply to you to the extent prohibited, and the exclusive venue for court actions that may be brought is the state or federal courts located in Delaware, except where consumer-venue rules require otherwise.
18. Governing law
These Terms are governed by the State of Delaware, United States, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 17. The UN Convention on Contracts for the International Sale of Goods does not apply.
Mandatory consumer-protection laws of your country of residence remain unaffected where they cannot be waived.
19. Apple and Google terms
You also must comply with the Apple Licensed Application End User License Agreement or Google Play Terms of Service, as applicable. Apple and Google are not parties to these Terms and have no obligation to provide maintenance or support for the Services.
If you downloaded the iOS app from the App Store, Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. In the event of a failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if any); to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Licensed Application.
You represent that you are not located in a country subject to a US government embargo or designated as a “terrorist supporting” country, and that you are not on any US government list of prohibited or restricted parties.
20. Export and sanctions
You may not use, export, or re-export the Services except as authorized by US law and the laws of the jurisdiction in which the Services were obtained.
21. Changes to these Terms
We may modify these Terms by posting an updated version at marineconditions.com/terms and updating the date. Material changes may also be highlighted in the app. Continued use after the new Terms take effect constitutes acceptance, except where the law requires a different process. If you do not agree, stop using the Services and cancel any subscription through Apple or Google.
22. Miscellaneous
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede prior oral or written terms on the same subject.
- Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in force.
- Waiver. A failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
- No third-party beneficiaries except as stated for Apple in Section 19.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including NOAA outages, network failures, labor disputes, or government action.
- Survival. Sections 5–8 and 12–22 survive termination.
- Language. These Terms are in English. Translations, if any, are for convenience only. The English version controls.
- Headings are for convenience only.
23. Contact
Questions about these Terms: support@marineconditions.com
Website: marineconditions.com
Privacy: Privacy Policy