SurfsUp — Terms of Use

You must be at least 18 years old to use SurfsUp. By using the Service, you represent and warrant that you are 18 or older and that you have the legal capacity to enter into these Terms.

You are responsible for the information you provide and for all activity that occurs under your account. Keep your sign-in credentials secure. You may not impersonate any person or misrepresent your identity, and you may not create an account on behalf of anyone else.

SurfsUp helps surfers find and join local surf sessions, view forecast information, and coordinate with others through session chat. Forecast and tide data are provided for general informational purposes only and may be inaccurate or delayed. You are solely responsible for your own safety. Surfing carries inherent risks; always assess conditions yourself and never rely on the Service to determine whether it is safe to enter the water.

"User Content" means anything you submit through the Service, including your profile, messages, and session activity. You retain ownership of your User Content. By submitting it, you grant SurfsUp a non-exclusive, worldwide, royalty-free license to host, display, and distribute that content solely for the purpose of operating and providing the Service. You are solely responsible for your User Content and the consequences of posting it.

SurfsUp has zero tolerance for objectionable content or abusive behavior. You agree that you will not post, send, or share content that: is unlawful, defamatory, harassing, threatening, or hateful; is sexually explicit, obscene, or pornographic; depicts or promotes violence, self-harm, or illegal activity; infringes the intellectual property or privacy rights of others; is spam, fraudulent, or intended to deceive; or harasses, bullies, intimidates, or targets any other user. By using the Service you agree there is no tolerance for objectionable content or abusive users.

We provide tools to keep the community safe.

• Report — You can report any message or user that you believe violates these Terms directly from within the app.
• Block — You can block any user, which prevents them from contacting you or appearing in your sessions.
• We review reports of objectionable content and will act on them, including removing content and ejecting the user who provided it, within 24 hours of receiving a report. We may remove content or suspend or terminate accounts at our discretion for any violation of these Terms.

You may stop using the Service and delete your account at any time from within the app. We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or engage in conduct we determine to be harmful to other users or the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that forecast data is accurate, that the Service will be uninterrupted or error-free, or that any other user is who they claim to be.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURFSUP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. This includes, without limitation, any injury or harm arising from surfing, meeting other users, or reliance on forecast or tide information.

You agree to indemnify and hold harmless SurfsUp from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your User Content, your use of the Service, or your violation of these Terms.

We may update these Terms from time to time. If we make material changes, we will update the Effective Date above and, where appropriate, notify you within the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws principles. You agree that any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in California.

If you have questions about these Terms, contact us at surfsupdevs@gmail.com.