Terms of Service

These Terms govern your use of Spicoli Surf Guide (“Spicoli” or the “App”), operated by 433 LLC (“we,” “us,” or “our”). By creating an account or using the App, you agree to these Terms.

1. Service

Spicoli provides AI-generated surf information, forecasts, spot descriptions, and recommendations based on public ocean and weather data. We may change, suspend, or discontinue features and may impose reasonable usage limits to keep the service available.

2. Safety Warning

Surfing and ocean activities are inherently dangerous. Conditions can change rapidly. Spicoli is informational and is not a safety service, emergency service, professional forecast, or substitute for direct observation, official warnings, lifeguards, and your own experience.

You assume responsibility for deciding whether and where to enter the water. Never rely solely on the App. AI responses and source data may be incomplete, delayed, or wrong.

3. Accounts

You must provide accurate information, protect your credentials, and promptly notify us of suspected unauthorized access. You are responsible for activity on your account. You may not create an account if prohibited by law.

4. Acceptable Use

We may suspend or terminate access for violations, security risk, abuse, or nonpayment if paid features are introduced.

5. AI and Forecast Information

AI-generated content is provided “as is” and may contain errors. Forecasts depend on third-party data and models that we do not control. Verify important information with official and firsthand sources.

6. Intellectual Property

Spicoli’s software, design, and original content belong to 433 LLC or its licensors. NOAA and other third-party information remains subject to its source terms and attribution. These Terms give you a limited, revocable, non-transferable right to use the App for personal purposes.

7. Your Content

You retain rights in prompts or other content you submit. You give us a limited license to process that content solely to provide, secure, support, and improve the service as described in the Privacy Policy.

8. Account Deletion

You may delete your account from the Profile screen. Deletion is irreversible and handled as described in our Privacy Policy.

9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ACCURACY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 433 LLC AND ITS MEMBERS, CONTRACTORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR INJURY, DEATH, PROPERTY DAMAGE, LOST DATA, LOST PROFITS, OR LOSSES ARISING FROM OCEAN ACTIVITY OR RELIANCE ON THE APP. WHERE LIABILITY CANNOT BE EXCLUDED, OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PRECEDING 12 MONTHS.

11. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where consumer law in your location requires otherwise.

12. Changes

We may update these Terms. We will provide notice of material changes when required. Continued use after the effective date means you accept the revised Terms.