Boater Briefer™

Terms of Use

Last updated v1.1.0

1. Acceptance of Terms

By accessing or using Boater Briefer™ (“the App”), operated by Innealta LLC (“we,” “us,” or “our”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you may not access or use the App.

2. Description of Service

Boater Briefer is a marine conditions dashboard that provides weather, tide, wave, and forecast data aggregated from third-party sources, along with AI-generated safety briefings. The App is designed as an informational tool for recreational boaters and is not intended for use as a primary navigation or safety system. Please review our Disclaimer for important safety information.

3. Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you are at least 13 years old. If you are under 18, you represent that your parent or legal guardian has reviewed and agrees to these Terms on your behalf.

4. User Conduct

You agree not to:

  • Use the App for any unlawful purpose or in violation of any applicable law or regulation
  • Use automated systems, bots, scrapers, or similar tools to access or extract data from the App
  • Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the App
  • Interfere with or disrupt the operation of the App, its servers, or connected networks
  • Circumvent any access controls, rate limits, or security measures
  • Reproduce, distribute, or create derivative works based on the App without express written permission
  • Misrepresent your identity or affiliation when using the App

5. Intellectual Property

All content, features, functionality, design, code, graphics, logos, and trademarks associated with the App are the exclusive property of Innealta LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the App without our prior written consent. Third-party data displayed in the App (such as NOAA forecasts or weather data) remains the property of its respective owners and is subject to their licensing terms.

6. Third-Party Services

The App integrates with and displays data from third-party services including, but not limited to, NOAA, Open-Meteo, Apple Weather, OpenCage, GeoNames, and OpenStreetMap. Your use of data from these providers through the App is subject to their respective terms of service, licenses, and policies. We are not responsible for the availability, accuracy, or reliability of third-party data.

7. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE APP MAY CACHE DATA LOCALLY ON YOUR DEVICE FOR OFFLINE ACCESS; CACHED DATA MAY BE STALE, INCOMPLETE, OR OUTDATED AND IS SUBJECT TO THE SAME ACCURACY DISCLAIMERS AS REAL-TIME DATA. FOR COMPLETE DETAILS, SEE OUR DISCLAIMER.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INNEALTA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to, use of, or inability to use the App
  • Any conduct or content of any third party on or through the App
  • Any data or content obtained from or through the App
  • Unauthorized access to, alteration of, or loss of your data

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO US FOR ACCESS TO THE APP DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

9. Indemnification

You agree to indemnify, defend, and hold harmless Innealta LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of a third party
  • Any decisions or actions you take based on information obtained from the App

10. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted and reflected in the updated “Last updated” date and version number at the top of this page. Your continued use of the App after any modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

11. Termination

We may suspend or terminate your access to the App at any time, for any reason, without notice or liability. Upon termination, your right to use the App ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.

13. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the Commonwealth of Massachusetts. Each party shall bear its own costs of arbitration.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

15. Entire Agreement

These Terms, together with our Disclaimer and Privacy Policy, constitute the entire agreement between you and Innealta LLC regarding the use of the App, and supersede all prior agreements, understandings, and representations.

16. Contact

If you have questions about these Terms, please contact us at support@innealta.com.