Terms of use

Agreement to our legal terms

We are Really Good Business Ideas, LLC ("Company", "we", "us" or "our"). We operate the mobile application WanderSwell and the website at wanderswell.app, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at hello@wanderswell.app or by mail to Really Good Business Ideas, LLC, 228 Park Ave S, PMB 25942, New York, NY 10003-1502, United States.

These Legal Terms are a binding agreement between you and Really Good Business Ideas, LLC concerning your use of the Services. By using the Services, you agree to these Legal Terms. If you do not agree with them, you must stop using the Services.

We may change these Legal Terms. We will tell you by updating the "Last updated" date above, and for changes that materially affect you, by email to the address on your account. Your continued use of the Services after a change means you accept it.

1. Our Services

WanderSwell is a surf bucket list. You can search a catalog of named surf spots worldwide, mark the ones you have surfed and the ones you want to surf someday, add a stamp with a date, note and photo each time you go back, and see your spots on a world map and a passport.

The Services are not intended for distribution to or use by any person in any jurisdiction where that would be contrary to law or would subject us to any registration requirement. People who use the Services from other locations do so on their own initiative and are responsible for compliance with local law, to the extent local law applies.

2. Intellectual property rights

Our intellectual property

We own or license all intellectual property rights in the Services, including the source code, databases, software, designs, text, graphics and the spot catalog (the "Content"), as well as the trademarks, service marks and logos in them (the "Marks"). The Content and Marks are protected by copyright and trademark laws.

The Content and Marks are provided "as is" for your personal, non-commercial use.

Your use of the Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any part of the Content you have properly gained access to, in each case for your personal, non-commercial use.

Except as set out here or where the law allows, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our prior written permission. Requests can be sent to hello@wanderswell.app.

Some data in the Services comes from third parties under their own licenses, which are credited in the app.

3. Your representations

By using the Services, you represent and warrant that: (1) you have the legal capacity to agree to these Legal Terms; (2) you are at least 13 years old, and if you are under 18, a parent or guardian has agreed to these Legal Terms on your behalf; (3) you will not access the Services by automated means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not break any applicable law.

If you give us information that is untrue or incomplete, we may suspend or terminate your account.

4. Google Maps

Parts of the Services use Google Maps Platform. By using the Services, you agree to be bound by Google's Terms of Service and the Google Maps/Google Earth Additional Terms of Service. Google's use of information is described in the Google Privacy Policy.

5. Spot information is not advice

WanderSwell shows measurements such as historical wave heights, water temperatures and how often the wind blows offshore. These are averages drawn from ten years of data. They are not a forecast, and they are not a judgment about whether a spot is safe to surf.

Conditions at any surf spot change constantly and can be dangerous. You are responsible for your own decisions in and around the water, including assessing the conditions, your own ability, and local hazards and rules. Coordinates, names and other spot details may be inaccurate or out of date. Nothing in the Services is a recommendation to enter the water at any place or time.

6. Your account

You may need an account to use some features. You are responsible for keeping your account secure and for everything that happens under it. Tell us promptly at hello@wanderswell.app if you believe someone else has access to it.

You can delete your account at any time in the app, under Settings. We may remove or reclaim a username that we decide is inappropriate or that impersonates somebody.

7. Prohibited activities

You may not use the Services for any purpose other than the one we make them available for. As a user, you agree not to:

• Copy, scrape or redistribute the spot catalog or any part of it.
• Submit spot reports you know to be false or misleading.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
• Systematically retrieve data or other content from the Services to create a collection, compilation or database without our written permission.
• Trick, defraud or mislead us or other users, especially in any attempt to learn account information such as passwords.
• Circumvent, disable or interfere with security-related features of the Services.
• Use information from the Services to harass, abuse or harm another person.
• Make improper use of our support services, or submit false reports of abuse or misconduct.
• Use the Services in a way that is inconsistent with any applicable law.
• Upload or transmit viruses or other material that interferes with anybody's use of the Services.
• Use any automated system, such as a robot, scraper or data-mining tool, to access the Services.
• Delete any copyright or other proprietary notice from any Content.
• Impersonate another user or person.
• Interfere with or place an undue burden on the Services or the networks connected to them.
• Harass, intimidate or threaten any of our employees or agents.
• Decipher, decompile, disassemble or reverse engineer any of the software making up the Services, except as the law permits.
• Collect usernames or email addresses of users for the purpose of sending unsolicited email, or create accounts by automated means or under false pretenses.
• Use the Services to compete with us, or for any revenue-generating endeavor or commercial enterprise.

8. Subscriptions, payment and cancellation

Some features require a paid subscription. Subscriptions are offered monthly or annually, and you choose which when you subscribe.

How you pay. Subscriptions are sold as in-app purchases through the Apple App Store or Google Play. Apple or Google takes the payment, in your local currency, under their own terms. We do not receive or store your payment card details. We receive confirmation of your purchase and whether your subscription is active.

Automatic renewal. Subscriptions renew automatically at the end of each period, at the then-current price, unless you cancel first. The store will charge the payment method on your Apple or Google account.

Canceling. You cancel in your device's subscription settings: Apple ID subscriptions on iPhone, or Google Play subscriptions on Android. We cannot cancel a subscription for you. Your subscription stays active until the end of the period you have already paid for, and it does not renew after that.

Refunds. Refund requests are handled by Apple or Google under their own refund policies, because they processed the payment. Contact them directly, or email us at hello@wanderswell.app and we will point you to the right place.

Price changes. We may change subscription prices. A change applies to your next renewal, and the store will tell you before it takes effect, as their rules require.

What you keep. If your subscription ends, the spots, dates, notes and photos you have already added remain in your account and can still be exported. Features that require a subscription stop working.

9. Your content

The Services let you create and store content: the spots you save, the dates and notes on your stamps, the photos you add, and the spot suggestions and reports you send us (collectively, "Contributions").

Your Contributions are private to your account. They are not published and are not visible to other users unless you choose to share them, for example by sharing your passport. Spot suggestions and reports are sent to us so that we can correct and improve the catalog.

When you make a Contribution, you represent and warrant that: you own it or have the necessary rights to it; it does not infringe anybody else's rights; it is not illegal, harassing, hateful, defamatory, obscene, abusive, discriminatory or threatening; and it is not knowingly false or misleading. You are responsible for your Contributions.

10. Your content license to us

You keep all rights in your Contributions. We do not claim ownership of them.

You give us permission to store, copy and display your Contributions for one purpose: to operate the Services for you, which means holding your photos and notes and showing them back to you on the devices you sign in on. We do not use your Contributions for advertising, and we do not publish them.

If you tell us about a missing spot or a mistake in the catalog, you give us permission to use what you send to correct and improve the catalog, including after you delete your account, in which case what you sent is no longer linked to you.

If you send us feedback or suggestions about the Services, we may use them without any obligation to you.

You can delete your Contributions at any time in the app, by deleting a stamp, a photo, a spot or your whole account.

11. Copyright complaints

We respect other people's intellectual property rights. If you believe that material in the Services infringes a copyright you own or control, email hello@wanderswell.app with: a description of the copyrighted work; where the material is in the Services; your contact details; a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; and a statement that the information in your notice is accurate.

We may remove or disable access to material we believe in good faith to be infringing, and we may terminate the accounts of repeat infringers.

12. Third-party websites and content

The Services may link to other websites, and may include content from third parties. We do not control them and are not responsible for their content, accuracy or practices. A link is not an endorsement. If you leave the Services, you should review the terms and privacy policies of any site you visit.

13. Managing the Services

We reserve the right, but not the obligation, to: monitor the Services for breaches of these Legal Terms; take legal action against anyone who breaches them; refuse, restrict or disable access to any of your Contributions; remove content that is excessively large or otherwise burdensome to our systems; and otherwise manage the Services to protect our rights and property and to keep them working.

14. Term and termination

These Legal Terms apply while you use the Services. We may suspend or terminate your access at any time, without notice, if you breach these Legal Terms or any applicable law. We may also delete Contributions in those circumstances.

If we terminate your account, you may not register a new one under your name, a false name or the name of a third party.

You may stop using the Services at any time, and you can delete your account in the app under Settings.

15. Changes and interruptions

We may change, move or remove parts of the Services at any time, and we have no obligation to update any information in them. We may also suspend the Services for maintenance, or discontinue them.

We cannot guarantee that the Services will always be available. Hardware, software, network problems and maintenance can all cause interruptions. We are not liable for any loss or inconvenience caused by the Services being unavailable, and nothing in these Legal Terms obliges us to maintain or support them.

16. Governing law

These Legal Terms are governed by the laws of the State of New York, without regard to its conflict of law rules. Subject to the dispute resolution section below, you and we agree to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

17. Dispute resolution

Informal negotiations

To keep disputes quick and inexpensive, you and we agree to try to resolve any dispute relating to these Legal Terms informally for at least 30 days before starting arbitration. Informal negotiations begin when one of us gives the other written notice.

Binding arbitration

If we cannot resolve the dispute informally, it will be resolved by binding arbitration administered by a recognized arbitration body under its consumer rules, before one arbitrator, seated in New York County, New York, in English. Where arbitration costs would otherwise be excessive for you, we will pay them.

Restrictions

Arbitration is limited to the dispute between you and us individually. There is no right for any dispute to be arbitrated as a class action or in a representative capacity.

Exceptions

The following are not subject to informal negotiation and arbitration: disputes about the validity or enforcement of intellectual property rights; disputes about theft, piracy, invasion of privacy or unauthorized use; and any claim for injunctive relief. If any part of this section is found unenforceable, that dispute will be decided by a court in the jurisdiction named above.

If you live in the EU, the UK or Switzerland

Nothing in this section removes your right to bring proceedings in the courts of the country where you live, or your rights under the consumer protection law of that country. Where that law conflicts with this section, that law applies.

Time limit

To the extent the law allows, any claim relating to the Services must be brought within one year after it arises, or it is permanently barred.

18. Corrections

The Services may contain typographical errors, inaccuracies or omissions, including in spot information, descriptions and pricing. We may correct them and update the Services at any time, without notice.

19. Disclaimer

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranties about the accuracy or completeness of the Services' content, including the spot catalog and the measurements shown with it, and we assume no liability for errors or inaccuracies in it, for personal injury or property damage resulting from your use of the Services, for unauthorized access to our servers, for interruptions to the Services, or for viruses transmitted through the Services by any third party. See also section 5: the spot information is not a forecast and not a safety assessment.

20. Limitations of liability

To the fullest extent permitted by law, we will not be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue or loss of data, arising from your use of the Services, even if we have been advised of the possibility.

Our total liability to you for any cause whatsoever, and regardless of the form of the action, is limited to the amount you paid us in the six months before the event giving rise to the claim.

Some laws do not allow limitations on implied warranties or the exclusion of certain damages. If those laws apply to you, some or all of the above may not apply, and you may have additional rights.

21. Indemnification

You agree to defend, indemnify and hold us harmless, including our officers, agents and employees, from any loss, damage, liability, claim or demand, including reasonable legal fees, made by a third party because of: your use of the Services; your breach of these Legal Terms; your breach of your representations in these Legal Terms; or your violation of the rights of a third party, including intellectual property rights.

We may assume the exclusive defense and control of any matter for which you are required to indemnify us, at your expense, and you agree to cooperate with that defense. We will make reasonable efforts to tell you about any such claim.

22. Your data

We keep the data you add to the Services so that the Services can work, and we take routine backups. How we handle personal information is set out in our privacy policy.

You can export everything you have added at any time, in the app under Settings, and we encourage you to keep your own copy of anything you would not want to lose.

23. Electronic communications

Using the Services and emailing us are electronic communications. You consent to receive communications from us electronically, such as the sign-in email, account notices and changes to these Legal Terms, and you agree that they satisfy any legal requirement that a communication be in writing.

24. Miscellaneous

These Legal Terms and any policies we post make up the entire agreement between you and us. If we do not enforce a right or provision, that is not a waiver of it. We may assign our rights and obligations at any time. We are not responsible for any loss or delay caused by something beyond our reasonable control.

If any provision of these Legal Terms is found to be unlawful or unenforceable, that provision is severed and the rest remain in force. Nothing in these Legal Terms creates a joint venture, partnership or employment relationship between you and us.

25. Contact us

To resolve a complaint or ask about the Services, contact us at:

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