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Terms of Service

Effective Date: April 8, 2026

These Terms of Service ("Terms") govern your use of the KayakSafe mobile application and website (collectively, the "Service"), operated by FN Wizard ("we," "us," or "our"). By using the Service, you agree to these Terms. If you do not agree, do not use the Service. You must be at least 16 years of age to use this Service, or have parental consent where required by local law.

1. Informational Tool Only

KayakSafe is an informational tool that processes and displays weather data from third-party sources to help you assess paddling conditions. The condition ratings (Ideal, Caution, Avoid), bite forecasts, and all other outputs are informational assessments based on available data and algorithms. They are not guarantees of conditions, professional advice, or official weather forecasts.

KayakSafe is not a substitute for your own judgment, local knowledge, and direct observation of conditions. You are solely responsible for deciding whether to go on the water. Always check local conditions, use appropriate safety equipment, and never venture into conditions that exceed your skill level or equipment capability.

2. Assumption of Risk

Kayaking and other water-based activities are inherently dangerous. Weather conditions can change rapidly and without warning. By using KayakSafe, you expressly acknowledge and agree that:

  • You understand and accept the inherent risks of kayaking and water-based activities, including but not limited to drowning, capsizing, hypothermia, heat-related illness, and weather-related hazards.
  • You assume all risk related to your paddling decisions, regardless of any information displayed by the Service.
  • Condition ratings describe weather data patterns, not your personal safety. An "Ideal" rating means conditions appear favorable based on available data. It does not mean you will be safe.
  • You are responsible for assessing your own abilities, equipment readiness, and local conditions before launching.

3. Weather Data and Accuracy

KayakSafe sources weather data from third-party providers including WeatherAPI.com and the National Weather Service (NWS). We process and display this data but do not generate weather forecasts ourselves. We make no guarantee regarding the accuracy, completeness, reliability, or timeliness of any data or assessment displayed in the Service.

Weather conditions at your specific location may differ significantly from forecasted conditions. Displayed data may be delayed, incomplete, or inaccurate. You should always verify conditions through multiple sources and direct observation before making decisions about going on the water.

4. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any information provided through the Service is accurate, reliable, or complete.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FN WIZARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST DATA, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6. Indemnification

You agree to indemnify, defend, and hold harmless FN Wizard and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your paddling or outdoor activities.

7. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, software, and the underlying algorithms, are the exclusive property of FN Wizard and are protected by intellectual property laws. You are granted a limited, personal, non-exclusive, revocable, non-transferable license to use the Service for your personal, non-commercial use. Sharing condition reports with friends or paddling groups through the app's built-in sharing feature is permitted as personal use.

You may not reverse engineer, decompile, disassemble, modify, or create derivative works based on the Service or any part thereof.

8. Acceptable Use

You agree not to:

  • Use automated means (bots, scrapers, or similar tools) to access the Service or collect data from it
  • Interfere with or disrupt the Service or its infrastructure
  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorized access to any part of the Service
  • Redistribute, resell, or commercially exploit any data or content from the Service without written permission

9. Third-Party Services

The Service relies on third-party data providers and services. Your use of those services is subject to their respective terms and privacy policies. We are not responsible for the content, accuracy, or practices of any third-party service.

10. Push Notifications

KayakSafe may send push notifications to your device, including condition level changes while paddling, severe weather alerts from the National Weather Service, and session timeout reminders. You consent to receiving these notifications by enabling them in the app. You can disable notifications at any time through your device settings or within the app's preferences.

11. Modifications to the Service and Terms

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We may also update these Terms from time to time. Continued use of the Service after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

12. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections relating to disclaimers, limitation of liability, indemnification, and intellectual property survive termination.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts located in Oklahoma County, Oklahoma.

14. Contact

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