NOT FOR NAVIGATION — FOR PLANNING USE ONLY. WeatherWindow.AI is a decision-support tool. It does not replace official nautical charts, government weather services, or professional marine weather routing. Consult official sources before any passage decision.
OPERATIVE LIMITATIONS — READ BEFORE USE.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and 22 Degrees North LLC, a Wyoming limited liability company doing business as WeatherWindow.AI ("Company," "we," "us," or "our"). These Terms govern your access to and use of WeatherWindow.AI ("Service"). By creating an account or using the Service, you agree to these Terms.
WeatherWindow.AI is a sailing weather and route planning decision-support tool that aggregates weather forecast data, applies automated, AI-generated analysis (without human meteorologist review) to help mariners evaluate potential passage windows, and computes passage projections along the route you supply using automated dead-reckoning computation. The Service is provided for informational and planning purposes only. The Service is not a professional weather routing service and is not a navigation instrument; the substantive characterization of the Service and the limitations applicable to all Service output, including all route planning output, are set forth in Section 2 and Section 2a.
The Service is NOT FOR NAVIGATION. All output from WeatherWindow.AI — including GO, CAUTION, MARGINAL, NO-GO, DIVERT, and any other assessment or recommendation label displayed by the Service, in any mode (each an "Assessment Label"), together with passage analyses, weather summaries, computed routes, and all other Service output, however characterized — is provided for general informational and planning purposes only and does not constitute professional marine weather routing advice. Assessment Labels are probabilistic, time-stamped assessments of modelled forecast data. No Assessment Label is a departure or continuation clearance, an instruction, or the assumption of any duty of care. A GO assessment means that, at the time of analysis, the Service's automated AI analysis — applying the Service's configured assessment criteria to the modelled forecast data for the requested window — did not identify conditions that it assessed as warranting any other Assessment Label. A GO assessment is a probabilistic, automated judgment produced by an AI system guided by those configured criteria; it is not the mechanical output of fixed numerical thresholds alone, it is not a determination that no hazardous condition exists in the modelled forecast data, and the AI system can fail to identify, or can misassess, conditions present in that data, as described in Section 2a. It does not mean conditions will be safe, favorable, or free from hazard during the actual passage. The skipper of any vessel retains sole authority and responsibility for all departure, navigation, and vessel safety decisions. Under the general maritime law of the United States the master holds a non-delegable duty of command and an independent duty of seamanship (the skill, judgment, and care of a prudent mariner); no Service output transfers, reduces, shares, or discharges either duty, and no output authorizes any passage or navigation decision. Reliance on Service output as a substitute for seamanship is not reasonable reliance, and we disclaim responsibility for consequences of such reliance.
Affirmative obligation to modify route. If at any point — before departure, underway, or on arrival — you determine from any source that your planned route or timing is unsafe, noncompliant with applicable rules, charts, regulations, or port requirements, or inconsistent with prevailing conditions, you must modify or abandon it regardless of any prior Service output. The Service does not determine when a modification is required; that determination is yours alone. The Service generates output from forecast model data only and cannot account for real-time observations, vessel condition, crew capability, local hazards, or any factor known to you that is not in its inputs.
WeatherWindow.AI provides weather analysis and route planning tools for mariners. The Service is not a professional weather routing service, not a certified weather routing service, and is not staffed by human meteorologists, marine forecasters, weather routers, or any other credentialed weather professionals. WeatherWindow.AI is not staffed by American Meteorological Society (AMS) Certified Consulting Meteorologists or equivalent credentialed professionals. The Service is an automated, AI-generated software tool that applies algorithmic analysis to publicly available numerical weather prediction model data and presents the resulting probabilistic assessments to you for your independent evaluation. Assessment Labels (Section 2) are AI-generated assessments of global forecast model data at the time the analysis is run; they are not the output of a licensed meteorologist, professional weather router, or any credentialed advisory service. Each assessment reflects modelled conditions as of the model-run timestamp shown with it, applies only to the window analyzed, and expires as stated below in this Section 2a.
Service scope — express limitations on what the Service is and is not. You acknowledge and agree that the Service consists solely of automated software output delivered through the application and that the Company does not provide, and the Service does not include, any of the following:
Affirmative characterization of the Service's automated mechanism. You expressly acknowledge and agree that, as a binding condition of your use of the Service:
The acknowledgments in this paragraph are material to your agreement to these Terms. You may not use the Service unless you accept these characterizations of the Service and its output as accurate, and unless you assume the responsibility, set forth in Section 2 and Section 2a-1, to independently verify all output of the Service against official sources before any departure or navigation decision. These disclosures are read together with the pre-access disclosure modal and the Disclosure page; where they differ, the language imposing the broader limitation, wider disclaimer, or heavier user obligation controls.
Users who require professional weather routing should engage a professional weather routing service.
Software analysis and route planning tool — analytic-tool characterization. You acknowledge and agree that the Service is properly characterized as an analytic software tool, not as a maritime service. The Service is a consumer-facing software application that applies automated AI-driven analysis to publicly available numerical weather forecast model data. The Service includes automated route planning tools alongside its weather analysis tools. Route planning output is produced by automated software computation — a dead-reckoning passage projection along the route you supply — applied to publicly available numerical weather prediction model data and to vessel polar performance data displayed in or supplied to the Service. Route planning output is not human routing, not professional weather routing advice, and not the output of any credentialed advisory service. The presence of route planning tools does not convert the Service into a professional weather routing service, does not add any human to the analytic workflow, and creates no duty of care beyond those expressly set forth in these Terms. The relationship between the Company and you is a software-licensing relationship: the Company licenses to you the right to use the Service to generate automated AI analysis and automated route-planning computations from publicly available forecast model data and polar data for your own independent decision-making. The Company performs no service traditionally provided by maritime professionals (such as pilotage, towage, salvage, certified weather routing, or licensed meteorological consulting), and the Company's duties to you are limited to those expressly set forth in these Terms. Specific user obligations and Service-scope limitations applicable to the route planning tools are set forth in §2a-1 below.
Staleness and expiry. Each assessment is generated from the most recent available run of one or more numerical weather prediction models at the moment the analysis is run, and becomes increasingly unreliable as that model run ages. The controlling signal for the freshness of any assessment is the model-run timestamp associated with it, not the wall-clock time of delivery. You must re-run any assessment before making a departure decision whenever the underlying model run is more than six (6) hours old, whenever fresher model output has become available, whenever conditions are rapidly evolving, or whenever your vessel's position, planned route, or departure timing has changed materially from the parameters used in the original assessment. Independently of the re-run obligations above, every assessment expires no later than six (6) hours after it is generated; an expired assessment must not be relied on for a departure decision, and those obligations may require re-running sooner than that outer limit. The Service makes no representation that any assessment, regardless of age, accurately reflects current or future atmospheric or sea conditions.
In rapidly evolving weather situations — including but not limited to active tropical systems, fast-moving frontal passages, areas of active convection or squall activity, or any condition in which conditions are observed or forecast to change materially within the planning horizon — you must re-run the assessment immediately and consult real-time official sources — including official marine and tropical advisories for the waters concerned and maritime safety broadcasts — before any passage or departure decision. No re-run interval, model-run timestamp, or other freshness indicator presented by the Service constitutes a guarantee that an assessment remains accurate; the user retains the obligation to evaluate currency and accuracy at the moment of decision. Forecast uncertainty is inherent in all numerical weather prediction regardless of when the model was run.
This Section 2a-1 supplements Section 2 (NOT FOR NAVIGATION), Section 2a (Not a Professional Weather Routing Service), and Section 2b (Traffic Separation Schemes and Regulatory Routing), and applies to all use of the Service's route planning tools. To the extent of any conflict between this Section 2a-1 and any other provision of Section 2, the more restrictive provision controls.
(a) Passage projections along your route — not route recommendations. The route planning tools produce computed routes — dead-reckoning passage projections along the route you supply — by applying numerical weather prediction model data and vessel polar performance data to the origin, destination, and waypoint coordinates you supply. The track geometry of every computed route is supplied by you. The Service does not generate, select, alter, or propose route geometry, and does not evaluate alternative paths between your origin and destination; what the Service computes is the projected timing, speed, and weather exposure of your vessel along the route you supplied, based on modelled data at the moment of computation. The Service does not represent any computed route as the optimal, best, recommended, safest, fastest, or preferred route for your vessel or your passage. No computed route is endorsed by the Company. The Company makes no representation that any computed route is the route a professional weather router, certified meteorologist, or experienced mariner would select.
(b) User responsibility to modify the computed route. You acknowledge and agree that you are solely responsible for reviewing every computed route and for modifying or rejecting that route based on hazards the route computation cannot know about or accurately model. The route computation operates on forecast model data, polar data, and the coordinates you supply. It incorporates no bathymetric, hydrographic, shoreline, chart, aids-to-navigation, vessel-traffic, regulatory-zone (including restricted, protected-species, speed-restricted, military, and infrastructure exclusion zones), Notice to Mariners, or transient-hazard data of any kind, and a computed route does not avoid any hazard of any such kind — including land, shoal water, wrecks, ice, other vessels, and any hazard requiring local knowledge or pilotage. A computed route may therefore pass through water that is not passable, and no absence of a warning indicates that any portion of it is. It is your responsibility to modify any computed route to avoid all such hazards using official, currently corrected nautical charts (paper or electronic), Notice to Mariners corrections, official tide tables, GMDSS and equivalent broadcasts, and your own knowledge of local conditions. You agree to accept all responsibility and risk associated with navigation, including the routing decision itself, the route you supply, your decision to rely on any computed route, and any modification or non-modification you make to a computed route.
(c) No scheduling commitment — ETAs and waypoint timings are computed estimates only. Estimated time of arrival (ETA), estimated time of departure from any waypoint, leg duration, passage duration, and all other temporal outputs of the route planning tools are computed estimates derived from forecast model data and polar performance data at the moment of computation. They are not promises, guarantees, or scheduling commitments by the Company. You must not plan or commit to any time-dependent activity in reliance on Service ETAs or waypoint timings — including any arrival, clearance, crew, berth, pilotage, lockage, event, or charter commitment whose timing depends on the vessel's arrival. Forecast accuracy degrades with forecast age, polar performance varies materially from modeled estimates, current and tidal effects differ from model predictions, and operational factors (sail trim, helmsmanship, mechanical condition, traffic, weather observed in real time) affect actual passage time in ways the route computation does not model.
(d) No monitoring, updates, or communication; no duty from position data. The Service does not update any computed route or assessment unless you re-run it, does not monitor or track any vessel or passage, does not evaluate your position or conditions against any route between requests, and does not push notifications, alerts, or communications of any kind. Any display of position data, from any source, is passive display only. The Company assumes no duty by receiving or displaying position data — including any duty to detect or warn of route deviation, distress, or emergency, to notify search-and-rescue authorities, or to render aid.
(e) [Reserved.]
(f) Polar performance data — modeled estimates, user-editable, user-verifiable. Vessel polar data used by the route planning tools is a modeled estimate of vessel performance generated by the Service from the vessel characteristics you supply, or taken from a polar file you upload. Polar data displayed in the Service is not certified sea-trial performance data for any specific vessel and does not reflect the actual performance of your vessel under your sail inventory, your loading condition, your bottom condition, your crew skill, or the sea state in which you are sailing. You may edit polar data to better reflect your vessel's observed performance. You are responsible for verifying that polar data used to compute any route reasonably reflects your vessel's actual performance characteristics before relying on any computed route. Route computation accuracy — including computed track, ETA, leg timings, and the suitability of the route for your vessel — depends on polar data accuracy. The Company makes no representation that default polar data is accurate for your vessel, and the Company is not responsible for any consequence arising from reliance on a route computed using inaccurate or unverified polar data.
(g) Traffic Separation Schemes, regulatory routing, and COLREGS compliance; user representation and warranty of COLREGS competency. The route planning tools may compute routes that pass near to, adjacent to, or through Traffic Separation Schemes (TSS) and other regulatory navigation regimes — including without limitation IMO-adopted TSS, recommended tracks, precautionary areas, two-way routes, deep-water routes, areas to be avoided, inshore traffic zones, and Vessel Traffic Service (VTS) areas. You are solely responsible for compliance with all applicable regulatory routing measures, including but not limited to Rule 10 of the International Regulations for Preventing Collisions at Sea (COLREGS) and analogous rules under coastal-state law. The Service may or may not display warnings, notifications, or visual indications when a computed route passes near or through a TSS or other regulatory routing regime. Any such display is informational only and is not a guarantee of TSS detection, a representation that all regulatory routing in the route's vicinity has been identified, or a substitute for your own consultation of official charts and applicable regulations. Your responsibility for compliance with COLREGS Rule 10 and all other applicable regulatory routing rules is independent of, and not affected by, whether the Service displays any warning regarding a computed route. The Section 2b disclaimers concerning TSS and regulatory routing are incorporated into this Section 2a-1 by reference and apply with full force to all output of the route planning tools.
You represent and warrant that you are familiar with, and competent to apply, the International Regulations for Preventing Collisions at Sea (COLREGS) in their entirety and the navigation rules of any coastal state in whose waters you will navigate, and all other rules of the road applicable to your passage. You further agree to consult official, currently-corrected nautical charts and any applicable Coast Pilot, Sailing Directions, or equivalent publication before using any computed route, and to verify that your planned route complies with all applicable navigation rules before departure. You acknowledge and agree that no computed route is a substitute for your own application of the navigation rules, and that the Service does not perform, and is not capable of performing, the rule-application judgment that the COLREGS and analogous coastal-state rules commit to you as the master of the vessel.
(h) Software origin; open-source components. The route planning and passage-projection computations used by the Service are proprietary software of the Company. Where the Service incorporates third-party open-source software components, the Company complies with the applicable license's source-availability, attribution, and notice obligations. Nothing in these Terms purports to waive, modify, or limit any right you may have under an applicable open-source license as to any open-source code embedded in the Service. Information regarding open-source components used in the Service (where applicable) is available on request to [email protected].
(i) Marine insurance — the Service does not consider your policy. The Service does not request, hold, or consider the terms of any marine insurance policy applicable to you or your vessel. No assessment, computed route, or other Service output accounts for — or represents a passage's compliance with — any navigational-limit or cruising-area warranty, seasonal or lay-up warranty, named-storm or windstorm exclusion or restriction, crew or usage warranty, or any other term or condition of your hull, liability, or other marine insurance coverage. A GO or any other Assessment Label is not a representation that a passage is consistent with your insurance coverage, and undertaking a passage may suspend or void coverage under your policy regardless of any Service output. You are solely responsible for verifying, before departure, that any planned passage complies with the terms of your marine insurance coverage.
(j) Internet connectivity requirement. The Service is a cloud-based application that requires an active internet connection to retrieve weather forecast data, generate AI analysis, and display passage reports. It does not function offline. Users should not rely on the Service as a planning tool in situations where internet connectivity may not be available, including offshore passages beyond reliable cellular or satellite data coverage, and must independently obtain weather information through means available without internet connectivity before entering areas where connectivity cannot be assured.
Reserved discretion to suspend or modify assessments. The Company may, at any time and without notice, suspend, withhold, downgrade, caveat, or otherwise modify the issuance or display of any assessment for any region, vessel profile, horizon, data source, or class of passage. Doing so is not a breach of any duty or grounds for any claim, refund, or remedy beyond those in these Terms; the Company is under no obligation to issue an assessment, and the absence of one is not itself an assessment. This is a reserved discretion, not an undertaking: the Company disclaims any duty to detect, monitor for, or act on any data-quality issue, degradation, outage, or defect, no internal quality practice creates such a duty, and no past exercise creates a duty to exercise it again. Where an assessment is displayed with a reliability caveat, the caveat is part of the assessment.
This Section is provided for transparency. It is not an admission regarding the classification of the Service under any AI-governance regime, and all rights and defenses under any such regime are reserved.
(a) System purpose. The Service is an automated AI software application whose sole intended purpose is to assist a human master of a vessel in passage planning — that is, (i) the pre-departure evaluation of whether a proposed route and departure window are consistent with publicly available numerical weather forecast model output, and (ii) the discrete, user-initiated re-assessment of a passage in progress against then-current forecast model output, as described in §2a-3 (En-Route Briefings). Each such re-assessment is an advisory analysis of the same character as, and subject to the same limitations as, a pre-departure assessment; it is not monitoring, tracking, or surveillance of any passage, and §2a-1(d) applies to it in full. The Service is intended to be consumed by a competent human master who, at all times, retains and exercises the non-delegable duty of command recognized by the general maritime law of the United States, together with the responsibility imposed by Rule 2 (Responsibility) of the International Regulations for Preventing Collisions at Sea (COLREGs) and analogous coastal-state regimes. The Service is not intended to replace, supplement, or modify any duty owed by the master, by any person aboard the vessel, or by any third party. The Service does not make any decision concerning you within the meaning of Article 22 of the GDPR.
(b) Capability boundaries — what the Service does. The Service:
(c) Capability boundaries — what the Service does NOT do. The Service does not, and is not designed to:
(d) Known limitations. You expressly acknowledge that the Service is subject to the following classes of limitation, which are inherent to the technology and data on which it operates:
Probabilistic and ensemble output. Where the Service displays ensemble or probabilistic output — including percentile values (for example P10, P50, or P90), ranges, spreads, distributions, member counts, or corridor visualizations associated with any ETA, fuel, motoring, comfort, assessment, or other quantity — each such display describes the spread of outcomes across multiple runs of numerical weather prediction models at the moment of analysis. Percentile and distribution displays are not probabilities of real-world outcomes, not probabilities that a passage will be safe, comfortable, or timely, and not confidence levels in any assessment. Where a display is labeled "Probability," "Precip %," "Squall %," or similar, that value is a member frequency — the share of contributing ensemble members meeting a Company-selected threshold over a Company-selected window — not a calibrated probability of real-world occurrence. The threshold and window are not necessarily displayed; the contributing members may differ from display to display; the Company does not calibrate, bias-correct, or verify such frequencies against observed outcomes. A narrow range does not mean conditions are certain, and a favorable percentile does not mean an unfavorable outcome is unlikely on the water. Ensemble output is subject to every limitation in Section 2 and its subsections, becomes stale on the same terms as any other assessment, and must not be treated as a quantitative safety metric. No output of the Service is excluded from the limitations of this paragraph, or of Section 2 and its subsections, by reason of not being expressly named here. The display types named here are illustrative, not exhaustive.
Share-of-time displays. Where a display expresses a condition as a share of time, that value is a pooled fraction of member-hours meeting the stated condition; it does not indicate how many members encounter that condition or for how long, and the contributing members and hours may differ from display to display.
Precision is not accuracy. Output may be incomplete, misleading, or erroneous even where it is highly detailed or specific. Numerical precision, leg-by-leg granularity, percentile bands, index values, and timings stated to the hour or minute are artifacts of computation, and the resolution, smoothness, and apparent definition of any map, plotted track, position display, corridor, overlay, or other graphical or cartographic depiction are artifacts of the display format. Neither indicates that the underlying forecast data or analysis supports that level of precision, and neither may be read as indicating accuracy, confidence, or reliability. A finely resolved number and a sharply drawn line are not evidence of a finely resolved or sharply known condition on the water. This paragraph applies to all Service output, in every mode, including all displays described in §2a-1, §2a-2, §2a-3, §2e, §2f, and §2g.
(e) Intended use. The Service is intended for use by competent adult mariners aboard recreational and small-commercial vessels for the pre-departure planning of passages and for the user-initiated re-assessment of a passage in progress as described in §2a-3 (En-Route Briefings). An en-route briefing is subject to every limitation in Section 2 and its subsections; it degrades with model-run age exactly as a pre-departure assessment does; it must never be the sole or primary basis for any decision to continue, divert, heave to, or abort a passage; and at sea, as at the dock, the master's non-delegable duty of command and the duty of seamanship govern every decision. The Service is not intended for, and must not be used for:
(f) Human oversight expectation. The Service is designed to be used under complete and continuous human oversight by the master of the vessel. You expressly acknowledge that:
This human-oversight expectation is a material condition of your use of the Service. The Service is not designed to be used, and must not be used, in any mode that bypasses, automates around, or reduces the master's continuous oversight role.
(g) Accuracy claims. The Service is provided "as is" and "as available"; no statement in marketing material, support correspondence, or any other Company communication is a warranty of any accuracy level, and no output is a certified, audited, or warranted forecast.
(h) Provider identity and contact. The provider of the Service is the Company, as identified in the introduction to these Terms; contact details are in §17 (Contact). Inquiries regarding the AI system's transparency disclosures, capability boundaries, or known limitations may be directed to the contact channel set forth in §17. For inquiries from EU/EEA users specifically, please reference §13 of the Privacy Policy (EU Representative) for the applicable contact channel.
(a) What an en-route briefing is. The Service includes an en-route briefing mode. An en-route briefing is a discrete, user-initiated re-assessment of a passage in progress: when — and only when — you request one, the Service captures a single GPS position fix from your device, transmits that fix to the Service's servers together with your request, and generates a fresh assessment of the then-current modelled forecast data for the remaining portion of the route you previously supplied, from your current position to your destination. In en-route mode, the inputs to the analysis are the single position fix transmitted with your request, the remaining route geometry you supplied, your vessel profile, and the most recent forecast model data available to the Service at the moment of the request. An en-route briefing is the same advisory artifact as a pre-departure assessment — a probabilistic, time-stamped assessment of modelled forecast data within the meaning of Section 2 — generated at a different moment in the passage, and it is subject to every limitation, disclaimer, and user obligation in Section 2, §2a, §2a-1, and §2a-2, without exception.
(b) No monitoring between requests; request-response only. Each en-route briefing exists only because you requested it. Between requests, the Service does not monitor, track, observe, evaluate, or maintain any awareness of your vessel, your position, your progress, or the weather along your route, and does not generate alerts, warnings, updates, or communications of any kind — exactly as stated in §2a-1(d) (no monitoring, updates, or communication; no duty from position data), which applies in full to en-route briefings. The single position fix transmitted with a request is used solely to generate the briefing you requested; the Company assumes no duty of any kind by receiving it, and the Service does not know, and does not attempt to determine, whether your vessel remains underway, has diverted, or has arrived after a briefing is delivered. The delivery of a briefing in response to your request is a request-response software transaction initiated and controlled by you; it is not the establishment or maintenance of a communication channel with a vessel at sea, not a communications watch, not watchkeeping, and not monitoring within the meaning of §2a-2(c). An en-route briefing is subject to §2a (Staleness and expiry).
(c) En-route assessment vocabulary; DIVERT defined. In en-route mode the assessment vocabulary is GO, CAUTION, and DIVERT. DIVERT is the en-route analogue of a NO-GO assessment: a probabilistic, time-stamped assessment that the Service's automated AI analysis — applying the Service's configured assessment criteria to the modelled forecast data — assessed conditions on one or more remaining legs as outside the criteria for continuing the passage as planned. A DIVERT assessment is not an instruction, an order, a command, a routing directive, a recommendation to take any specific action, a distress or urgency communication, or a determination of what a prudent master would do. Imperative or urgent phrasing in an assessment or its accompanying narrative (such as "abort," "divert now," or "head to the nearest safe harbor") is the expression of an assessment category and its rationale; it is not a command, and it does not transfer, share, reduce, or discharge any part of the master's non-delegable duty of command or duty of seamanship. The decision to continue, heave to, divert, seek sea room, or abort — and the selection of any destination, course, or tactic — is the master's alone, made on the master's own assessment of the vessel, the crew, and the conditions actually prevailing.
(d) Harbor, shelter, and refuge references are informational context only. An en-route briefing or other Service output may include the name, bearing, or distance of one or more harbors, anchorages, shelters, or refuges — including in the rationale accompanying a DIVERT assessment, in any "immediate actions" or "nearest safe harbors" display, and in any shelter listing. All such references are informational shelter context only, drawn from modelled and static data sources. They are not proposed route geometry, not a course to steer, not an instruction or recommendation to proceed to any location, and not a representation that any harbor, approach, or anchorage is reachable, navigable, safe, or suitable for your vessel at its draft, in the prevailing or forecast conditions, at any state of tide, or at all. Harbor and shelter references do not alter the architecture of §2a-1(a): the Service does not generate, select, alter, or propose route geometry, and any track to any shelter is geometry that you alone create and for which you alone are responsible under §2a-1(b). Before shaping a course for any harbor or shelter, the master must independently verify the approach, depths, hazards, and entrance conditions against official, currently corrected nautical charts, the applicable Coast Pilot, Sailing Directions, or equivalent publication, and the master's own observation. Whether shelter or sea room is the safer course is a judgment committed exclusively to the master.
(e) Assessment labels — complete vocabulary; every label is an assessment, none is a clearance or instruction. The Assessment Labels are GO, CAUTION, MARGINAL, NO-GO, DIVERT, and any other assessment or recommendation label displayed by the Service, in any mode. In en-route mode the Assessment Labels are GO, CAUTION, and DIVERT; DIVERT is defined in §2a-3(c). MARGINAL is an intermediate pre-departure assessment category between GO and NO-GO. Every Assessment Label, in every mode — regardless of phrasing, formatting, color, or urgency — is subject to Section 2: it is a probabilistic, time-stamped assessment of modelled forecast data and nothing more, and no label is a departure clearance, a continuation clearance, an instruction, an order, a command, or the assumption of any duty of care. Any list of suggested actions or nearby harbors accompanying any Assessment Label is informational context subject to §2a-3(c) and §2a-3(d), not a checklist of commands.
(f) Connectivity; underway limitations; official sources. En-route briefings require an active internet connection (§2a-1(j)). An en-route briefing may also be unavailable, delayed, or refused for reasons unrelated to your connectivity, including upstream data or automated-analysis provider unavailability, rate limiting, refusal, or discontinuation (§2h), or the Company's exercise of the discretion reserved in §2a-1. Offshore connectivity is frequently unavailable, degraded, or intermittent, and §12 (no mid-passage access guarantee) applies in full: you must not plan any passage, or any underway decision, on the assumption that an en-route briefing will be available when you want one — for any reason, and not only for reasons of connectivity. An en-route briefing must never be the sole or primary basis for a decision to continue, divert, heave to, or abort (§2a-2(e)); underway, conditions can evolve faster than forecast model cadence, and a GO or CAUTION assessment does not mean conditions will remain manageable for any period after the underlying model run. Underway as at the dock, you remain obligated to maintain required communications watches and to obtain official maritime safety information by the means described in §2c (including GMDSS, NAVTEX, and VHF/MF broadcasts), which may contain warnings the Service does not reflect.
The Service does not compute compliance with IMO-adopted Traffic Separation Schemes (TSS), Vessel Traffic Services (VTS) requirements, or local port authority routing regulations. Routes that pass through or near any IMO-adopted TSS or other routing measure require the vessel operator to independently assess and comply with all applicable routing rules, including COLREG Rule 10.
The Service may note the existence of a TSS in its AI-generated analysis, but any such notation is informational only. The skipper retains sole responsibility for compliance with all mandatory routing measures, coastal state regulations, and international maritime law applicable to the passage.
The Service does not address customs, immigration, or regulatory requirements for entry into foreign territorial waters. Users are responsible for researching and complying with all such requirements independently.
The Service incorporates AI-interpreted summaries and automated processing of data from multiple third-party sources. These sources include, without limitation: numerical weather prediction model output from global and regional atmospheric forecast models; official government weather products including tropical advisories, marine zone forecasts, and other official text products from governmental meteorological agencies; tidal prediction model data; ocean surface current model data; and any additional data sources incorporated into the Service after the effective date of these Terms. All data from all of these sources is subject to the NOT FOR NAVIGATION disclaimer in this Section 2 and to all limitations and disclaimers in these Terms. All AI-generated summaries and automated processing of these sources are interpretations — not verbatim reproductions of the underlying data or official forecasts. Critical details — including issuance times, zone applicability, watch and warning status, specific hazard language, and the accuracy limitations of any individual model or data source — may be missing from or significantly differ from what is reflected in the Service's analysis. AI summaries and automated data processing are not a substitute for reading the current official bulletin from the issuing agency.
Users must independently identify and consult the currently authoritative official source for the specific waters they intend to transit before making any departure decision. The Service does not guarantee that its AI analysis incorporates current products from all relevant official agencies for the planned passage. The appearance of any forecast data or analysis in the Service does not imply that all relevant official sources have been consulted.
Links to official source text are provided in the Passage Report where available. Where no link is provided for a particular official source relevant to a planned passage, users must obtain that source independently.
GMDSS and mandatory maritime weather broadcasts. The Service is not a Global Maritime Distress and Safety System (GMDSS) information source and does not transmit or receive on GMDSS frequencies. The Service does not substitute for official maritime safety information broadcasts made via NAVTEX, SafetyNET, or VHF/MF coastal weather broadcasts. Vessels subject to GMDSS carriage requirements under SOLAS Chapter IV or flag-state law must maintain the watches those rules require; all vessels should monitor the maritime safety information broadcasts (including NAVTEX and VHF/MF weather and navigational warnings) applicable to the waters transited, which may contain hazard and weather information the Service does not reflect. The Service cannot and does not monitor GMDSS broadcasts, and users must independently maintain required communications watches regardless of their use of the Service.
These Terms create no rights in any person who is not a party to them. No third party — including without limitation any person using your account with your permission, any vessel owner, charterer, crew member, or passenger — is an intended beneficiary of these Terms or has any right to enforce any provision of these Terms against us. Service output is supplied for the guidance of the account holder alone: the Company does not intend, and expressly disclaims any intent, that any other person — including any crew member, passenger, guest, charterer, or vessel owner — be guided by, rely upon, or receive the benefit of any Service output, whether or not the account holder communicates that output to them, and the Company supplies no information for the guidance of any such person. The obligation in Section 5(e) to inform any such person of the advisory, NOT FOR NAVIGATION character of any Service output communicated to them exists to prevent reliance by such persons, not to invite or facilitate it, and is not an undertaking by the Company to communicate with, warn, or protect any person other than the account holder.
Any person who accesses the Service using your account credentials is a non-signatory who has not agreed to these Terms and cannot invoke or enforce these Terms against us, including without limitation the limitation of liability in Section 6. Any person who is not a party to these Terms and who nonetheless receives, reads, relies on, or asserts any right or claim founded on any Service output does so subject to every disclaimer, limitation, characterization, and condition set forth in these Terms, and may not assert the benefit of any Service output while disclaiming the terms on which that output was supplied. Such persons take no greater rights than those granted to you, and our liability to any such person is limited to the same extent it is limited with respect to you.
The Service's route computations and assessments do not incorporate chart data, bathymetric soundings, hydrographic surveys, Notice to Mariners corrections, or any other source of bottom topography, depth, or underwater hazard information. Computed routes displayed by the Service are passage projections generated from weather forecast model data only, along the route geometry you supply. They are not designed to avoid shoals, reefs, rocks, wrecks, anchorage restrictions, or any other charted or uncharted navigational hazard. The Service makes no representation that any computed route is navigable at any state of tide, at any vessel draft, or in any weather condition.
YOU ARE SOLELY RESPONSIBLE for verifying that any planned route is clear of bottom hazards using official, currently corrected nautical charts (paper or electronic), Notice to Mariners corrections, and appropriate tide tables for the applicable waters. The Service does not substitute for official charts and does not relieve you of the obligation to navigate with reference to current official publications. If any computed route conflicts with the information in official charts, you must modify the route to comply with charted hazards — the Service cannot and does not make that determination for you.
In shoal, reef-strewn, or otherwise complex waters, and in every coastal or harbor approach, official charts are the primary navigation reference; do not plan legs or waypoints using Service output alone.
Chart display layer — display-only, NOT FOR NAVIGATION. The Service may offer an optional, display-only electronic navigational chart (ENC) layer sourced from official government chart services. This layer is a visual reference aid only. It is not connected to, and is never consulted by, the Service's route computations or assessments, which are generated from weather forecast model data only as stated above. The chart layer as displayed in the Service may not reflect the most recent chart editions, updates, or Notice to Mariners corrections, may be rendered at reduced detail or accuracy, and is NOT FOR NAVIGATION. Display of the chart layer does not modify any statement in this Section 2e: you remain solely responsible for verifying every planned route against official, currently corrected nautical charts, and the chart layer displayed in the Service is not such a chart.
Where the Service displays tidal height predictions, tidal current estimates, or tidal window information, such data is derived from tidal prediction models and is provided for general planning awareness only. Tidal data displayed in the Service is NOT FOR NAVIGATION and does not represent a guarantee of actual tidal conditions at any specific location, time, or state of the tide.
Tidal prediction models carry inherent uncertainty, particularly in areas of complex bathymetry, estuarine influence, or significant seasonal variability. Actual tidal heights and current velocities may differ materially from modelled predictions due to meteorological surge, seiching, upstream runoff, river stage, and other factors not captured in predictive models. The Service's tidal data is not a substitute for current official tide tables published by the applicable national hydrographic authority for the waters being transited. In addition, for any passage whose scheduled departure time is in the past — whether a passage dated to a past date, or one replayed or re-opened after its departure time — the tidal values displayed reflect the current day's tidal cycle, that is, the next real tidal extremes from the present forward, rather than the tides that will occur, or that occurred, on the passage date; do not rely on tidal values displayed for any past-dated, replayed, or re-opened passage.
You must independently verify tidal conditions using official published tide tables and, where applicable, real-time tide gauge data before making any passage decision that depends on tidal height or tidal current — including without limitation bar crossings, harbor approaches over shallow bars, transit of tidal gates or constrictions, and anchoring or mooring in areas subject to significant tidal range. The Service does not determine whether a specific tidal window is safe or navigable for your vessel at your vessel's draft. That determination is yours alone, based on official data and your own knowledge of local conditions.
Where the Service incorporates or displays ocean surface current data, drift estimates, or current-adjusted route projections, such data is derived from ocean circulation models and is provided for general planning awareness only. Ocean current data displayed in the Service is NOT FOR NAVIGATION and does not represent a guarantee of actual current conditions at any specific location, time, depth, or sea state.
Ocean circulation models carry inherent uncertainty due to mesoscale eddy activity, frontal displacement, wind-driven current variability, and the coarse spatial resolution of global model grids relative to small-scale oceanographic features. Actual surface current velocities and directions may differ materially from modelled predictions. Ocean current data in the Service is not a substitute for operational oceanographic products or current data published by official hydrographic and oceanographic authorities for the waters being transited.
You are solely responsible for independently verifying current conditions and for accounting for current effects on your vessel's actual track, speed made good, fuel consumption, and ETA. This obligation is particularly material for passages crossing major boundary currents, where current velocity and position can vary significantly from model predictions. The Service's current-adjusted ETA and routing projections are estimates only and must not be relied upon as guarantees of passage time or trackline.
The Service incorporates weather forecast data, atmospheric modeling outputs, tidal data, ocean current data, geographic and place-name data (including harbor, anchorage, and shelter information), and related information obtained from third-party data sources, including without limitation third-party meteorological, oceanographic, and geographic data sources comprising government weather services (e.g., national meteorological agencies and their tropical, marine, and ocean-prediction units), commercial weather data providers, open-data forecast model providers, and open-data geographic and place-name databases (collectively, "Data Providers"). The Company does not control, audit, or independently verify the accuracy, reliability, completeness, currency, sequence, timeliness, or performance of data received from Data Providers, and the Company makes no representation or warranty regarding any of those attributes. Without limiting the foregoing, Data Provider outputs may be inaccurate, unreliable, incomplete, stale, delivered out of sequence, untimely, or degraded in performance, and any such condition is outside the Company's control.
You acknowledge that: (a) Data Provider outputs may contain errors, gaps, delays, omissions, sequence anomalies, or performance degradation resulting from network outages, sensor failures, model degradation, upstream service interruptions, license or rate-limit constraints, or the inherent limitations of weather and oceanographic forecasting; (b) the Company has no liability for any such errors, gaps, delays, omissions, sequence anomalies, or performance degradation; and (c) the Company's obligations under these Terms extend only to making Data Provider outputs available to you through the Service and do not include any warranty regarding the accuracy, reliability, completeness, currency, sequence, timeliness, or performance of those outputs.
No adoption of Data Provider output. The Company's transmission and display of Data Provider output through the Service is a conduit function and does not constitute the Company's adoption, endorsement, ratification, or republication of that output as the Company's own statement, advice, or representation. The Company does not warrant, certify, or vouch for any Data Provider output, and no Data Provider output displayed in the Service shall be construed as a statement of the Company. Attribution required by any Data Provider licence is provided in these Terms or within the Service. The absence of any specific Data Provider name from these Terms does not waive, modify, or relieve any obligation owed by you or by the Company under any Data Provider's upstream license, terms of use, or applicable law.
The Data Providers are not parties to these Terms and have no liability to you arising from your use of the Service. Any claims arising from Data Provider output must be directed to the applicable Data Provider in accordance with that provider's own terms of service or license. You agree to comply with all applicable Data Provider terms of use and license conditions to the extent those terms have been made known or available to you through the Service.
Data Sources and Attributions. The forecast data on which the Service operates is numerical weather prediction model output produced by the European Centre for Medium-Range Weather Forecasts (ECMWF), the U.S. National Oceanic and Atmospheric Administration (NOAA, including the National Weather Service and the National Hurricane Center), Deutscher Wetterdienst (DWD), Météo-France, and the UK Met Office, among other national and intergovernmental meteorological services. Some or all of this model output is aggregated and delivered to the Service through one or more commercial weather-data aggregation services under commercial license; the agencies named above identify the producers of the underlying model output and are not a complete description of the path by which data reaches the Service. Where any such provider licenses its data under the Creative Commons Attribution 4.0 International License (CC-BY 4.0, https://creativecommons.org/licenses/by/4.0/) or an equivalent open-data license, this paragraph constitutes the Company's attribution for purposes of that license. Harbor, anchorage, shelter, and place-name information displayed in the Service contains information from OpenStreetMap (openstreetmap.org/copyright), © OpenStreetMap contributors, made available under the Open Database License (ODbL 1.0, opendatacommons.org/licenses/odbl/1-0/). This attribution applies to all harbor, anchorage, shelter, and place-name data displayed anywhere in the Service — including in passage reports, en-route briefings, and shelter or safe-harbor displays — and this sentence constitutes the Company's notice for purposes of Section 4.3 of that license. All such upstream data, whether obtained under an open-data license, an intergovernmental data-sharing arrangement, or a commercial subscription, is provided to the Service and to you "as is" without warranty of any kind, and the further provisions of this §2h apply. No meteorological agency, intergovernmental body, or data provider named or referenced in this paragraph endorses, sponsors, certifies, or has reviewed the Service or any output produced by the Service. Nothing in this paragraph modifies the user's obligation under §2c to independently identify and consult the currently authoritative official source for the waters being transited.
Automated analysis provider. The Service's automated analysis is generated using a large-language-model system operated by a third-party provider. That provider is not a "Data Provider" within the meaning of this §2h, and nothing in this §2h characterizes the Company as a conduit for, or disclaims the Company's authorship of, the Service's own automated output, which is governed by §2a and §2a-2. The Company does not control that provider's availability, model versions, policies, data practices, safety filters, rate limits, or continued offering of any model, and the provider may suspend, degrade, modify, retrain, deprecate, or discontinue the system at any time without advance notice to the Company or to you. The Company disclaims all liability arising from any such act or omission, including any resulting unavailability, delay, refusal to generate an assessment, or interruption of the Service. The absence or failure of an assessment for any reason is not itself an assessment of any kind, favorable or adverse (§2a-1).
The Company may substitute a different automated analysis provider or model at any time. The Company does not represent that Service output is reproducible — across time, across model runs, across model versions, or across providers — and no assessment may be relied on as predictive of, or consistent with, any other assessment. This is one of several reasons every assessment expires and must be re-run under §2 and §2a. The authority described in this paragraph is a reserved discretion, not an undertaking: the Company does not undertake to you, and expressly disclaims, any duty to select, evaluate, monitor, maintain, or replace any automated analysis provider or model, and no past exercise of that discretion creates any duty to exercise it again or in any consistent manner. This paragraph does not modify §2, §2a, §2a-1, §2a-2, §6, or §12.
You must be at least 18 years old to use the Service. By using the Service you represent that you meet this requirement.
The Service is offered for voyage planning and may be used for recreational, charter, or other commercial sailing. It is not designed, marketed, or warranted as a tool for professional crew or seamen to discharge navigation or weather-routing duties in the course of employment, and nothing in these Terms creates, supports, or enlarges any claim under the Jones Act (46 U.S.C. § 30104). Use by any such person is at the user's own risk and subject to every disclaimer and limitation in these Terms.
You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.
No sharing of account credentials. Your account is personal to you. You may not share your account credentials — including your email address, password, or any session token — with any other person. Each person who uses the Service must create their own account and must personally acknowledge the NOT FOR NAVIGATION disclaimer before accessing the Service. Sharing credentials is a breach of these Terms and may result in immediate account termination without refund.
Liability for unauthorized access by third parties. If any person accesses the Service using your account credentials — whether because you shared those credentials in breach of these Terms or because of your failure to keep them confidential — you remain fully responsible for all activity that occurs under your account and for any harm arising from that access (see §2d as to such persons). If you become aware of any unauthorized access to your account, you must notify us immediately at [email protected].
Account non-transferability. Your account is personal to you and may not be transferred, sold, assigned, or otherwise conveyed to any other person or entity, whether by operation of law or otherwise. Any attempt to transfer or assign an account — including through the sale of login credentials, the assignment of subscription rights, or any similar arrangement — is void and may result in immediate account termination without refund. The account belongs to the individual who accepted these Terms, regardless of who provided payment. If a subscription is purchased on behalf of another person, the account holder is the person who will use the Service and who must personally accept these Terms; the payment source does not acquire account ownership or any rights under these Terms.
You agree that you will not, and will not permit any person accessing the Service through your account to, do any of the following:
Company Parties. In this Section 6 and elsewhere in these Terms, "Company Parties" means the Company and its members, managers, officers, employees, contractors, agents, service providers, licensors, and successors. Every disclaimer, exclusion, limitation, and cap of liability in these Terms — including the warranty disclaimers, the exclusion of indirect and consequential damages, and the Liability Cap in this Section 6 — applies to, and may be invoked by, each Company Party to the same extent as by the Company, whether the claim is brought in contract, tort, statute, or any other theory and whether or not the Company is also named; references to "we," "us," or "our" in any such provision are to be read accordingly. The Liability Cap is a single aggregate cap applicable to all claims against all Company Parties arising out of or related to these Terms or the Service, and is not multiplied by the number of Company Parties named in any claim. This paragraph is subject to the non-waivable-law reservation and the fraud/gross-negligence carve-out below.
You use the Service at your sole risk. The Service is a planning aid only and is not a substitute for the master's non-delegable duty of command, for official navigational publications, or for prudent seamanship. Any decision to depart, to follow a computed route, or to act on any Service output is made by you and at your own risk. You remain solely responsible for all costs of salvage, towage, and emergency response arising from or during any passage, and the Company is not a party to, and assumes no obligation, liability, or interest in connection with, any salvage, towage, or emergency-response arrangement, award, or claim.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES — EXPRESS OR IMPLIED — INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".
The Company does not warrant that the Service will be available, uninterrupted, timely, secure, or error-free, that any defect will be corrected, or that the Service will be compatible with any particular device, browser, operating system, or network. The Company makes no commitment to store or retain, and does not warrant against the loss, corruption, deletion, or failure to store or transmit, any route, vessel profile, uploaded file, passage report, briefing, or other data. You are responsible for retaining your own copies of any route, waypoint, vessel-profile, or uploaded data file you wish to preserve. Service output is time-limited and is not preserved for your reliance: any copy of a passage report, briefing, or other output that you retain remains subject to §5 (no archival reliance) and to the staleness and expiry rules in §2 and §2a, and must not be relied on for any departure, routing, or continuation decision. Nothing in this paragraph modifies §11 (legal process and maritime investigations).
No advice, statement, or information, whether oral or written, obtained from the Company, from any Company Party, from any Company representative, or through the Service, creates any warranty, representation, advisory or professional relationship, or duty not expressly set forth in these Terms. No customer-support communication is a weather-routing, meteorological, or navigational communication, and none shall be construed as one (§2a).
SUBJECT TO THE NON-WAIVABLE-LAW RESERVATION AND THE FRAUD/GROSS-NEGLIGENCE CARVE-OUT BELOW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR VESSEL, INJURY TO PERSONS, OR LOSS OF LIFE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO THE NON-WAIVABLE-LAW RESERVATION IN THE FOLLOWING PARAGRAPH AND TO THE FRAUD/GROSS-NEGLIGENCE CARVE-OUT BELOW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE — WHETHER IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE NATURE OF THE HARM ALLEGED — SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) TWO HUNDRED NINETY-NINE U.S. DOLLARS ($299) (the "Liability Cap"). This Liability Cap reflects the nature of the Service as an automated, AI-generated software analysis and decision-support tool — not a professional weather routing service, not a navigation instrument, not a substitute for the master's non-delegable duty of command — and the limited subscription fees paid for access to the Service. The Liability Cap applies regardless of the number of claims, theories of liability, claimants, or form of action, and to all use of the Service under your account, including any person using your account (§2d).
Non-waivable-law reservation. Nothing in this Section 6 purports to cap, limit, waive, or exclude any liability that cannot be capped, limited, waived, or excluded under applicable non-waivable law, including without limitation: (i) the general maritime law of the United States as it governs wrongful-death claims under Moragne v. States Marine Lines, Inc., 398 U.S. 375 (1970), and its progeny; (ii) the Death on the High Seas Act, 46 U.S.C. §§ 30301–30308; (iii) the Jones Act, 46 U.S.C. § 30104; (iv) California Civil Code § 1668 as it applies to claims for personal-injury negligence brought by California residents; (v) any analogous non-waivable consumer-protection rule of any U.S. state, the European Economic Area, the United Kingdom, or any other jurisdiction whose mandatory law applies to the claim. Where the Liability Cap cannot be enforced as to a particular claim under any such non-waivable rule, the Liability Cap shall be reformed and enforced as to that claim only to the maximum extent permitted by the applicable non-waivable rule, and shall be enforced in full as to all other claims and against all other claimants. Nothing in this reservation shall be construed as an admission that any duty is owed, that any standard of care applies, that any non-waivable rule applies to any particular claim, or that any claim is meritorious; the Company expressly reserves, and incorporates by reference, every disclaimer, characterization, and limitation in Section 2 and its subsections and all other defenses available under maritime, federal, and state law. Some jurisdictions do not permit the exclusion of implied warranties or the limitation of certain damages; where such a law applies to you, the affected provision is reformed and enforced to the maximum extent that law permits, and every other provision of this Section 6 remains in full force as to all other claims, claimants, and persons (§16(c)).
Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or any other liability that cannot be excluded or limited under applicable law.
Insurers and subrogated claims. Any claim brought by your insurer, as subrogee or assignee of your rights, is subject to these Terms — including the Liability Cap, the disclaimers in Section 2 and Section 6, and Section 14 — to the same extent as a claim brought by you.
No warranty against harmful code. The Company does not warrant that the Service, or any content, data, or file transmitted through or accessible from the Service, is free from viruses, malware, ransomware, trojan horses, worms, or other harmful or malicious code. You are responsible for implementing appropriate security measures on your devices and networks before accessing the Service. The Company is not liable for any damage to your device, software, data, or network resulting from harmful code transmitted through the Service or from any third-party content or service linked to or from the Service.
Third-party links and external content. The Service may contain links to third-party websites, services, publications, or resources, including links embedded in AI-generated outputs, data attributions, or support documentation. These links are provided for reference and informational purposes only. The Company does not control, endorse, or assume responsibility for any third-party website or its content, and is not responsible for the accuracy, legality, or appropriateness of any third-party content, product, service, or privacy practice. Your use of any third-party website is at your own risk and is governed by that website's own terms of service and privacy policy. The inclusion of a link to a third-party website does not imply the Company's endorsement or recommendation of that website, its operators, or its content.
You agree to indemnify and hold harmless the Company Parties (as defined in §6) from and against any third-party claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, or (c) your misuse, misrepresentation, unauthorized redistribution, or unauthorized republication of Service output — including without limitation any third-party claim arising from (i) your presentation of Service output to a person who has not personally accepted these Terms in a manner that conceals or contradicts the disclaimers and limitations herein, (ii) your representation of Service output as professional weather routing advice, certified meteorological advice, or a departure clearance, or (iii) your commercial exploitation of Service output in violation of Section 5. This Section 7 does not require you to indemnify the Company for any claim alleging that the Service itself caused the harm complained of, where the claimant has no relationship to your use of, or representations about, the Service. This Section 7 does not require you to indemnify the Company for any liability that cannot be indemnified against under applicable law, or for any portion of a claim attributable to the Company's own negligence, gross negligence, willful misconduct, or fraud.
Features may change, be unavailable, or be discontinued at any time without notice, and the Company makes no warranty as to the service levels at which the Service will be offered at any time. The availability, data-retention, and connectivity provisions applicable to the Service are set forth in Section 6 and §2a-1(j).
Forecast data coverage may be reduced or unavailable for offshore, remote, or high-latitude ocean areas. Users operating in such areas must independently verify conditions through official sources before departure; as everywhere, the Service is never a primary source of weather information.
The Service is a paid subscription. The following terms govern billing, cancellation, and refunds and apply to your subscription immediately upon purchase.
(a) Company IP. All software, design, source code, user-interface elements, trademarks, service marks, logos, trade dress, text, graphics, and other content comprising the Service (collectively, "Company IP") are owned by 22 Degrees North LLC or its licensors and are protected by U.S. and international copyright, trademark, trade-secret, and other intellectual-property laws. "WeatherWindow.AI" and the WeatherWindow.AI logo are trademarks of 22 Degrees North LLC. Nothing in these Terms grants you any right, title, or interest in or to any Company IP, except for the limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal or internal-business use in accordance with these Terms. All rights not expressly granted are reserved by the Company.
(b) User Submissions. The Service may permit you to upload, input, or otherwise submit content to the Service, including without limitation vessel polar data, vessel-profile information, waypoints and route files, and other data files you upload (collectively, "User Submissions"). As between you and the Company, you retain all right, title, and interest in and to your User Submissions. You represent and warrant that (i) you own or have all necessary rights, licenses, and consents to submit each User Submission and to grant the license in §10(c) below, and (ii) your User Submissions do not infringe, misappropriate, or violate any third-party intellectual-property right, privacy right, publicity right, or other right, and do not violate any applicable law.
(c) License to User Submissions. You grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (to service providers acting on the Company's behalf), and transferable license to host, store, copy, transmit, display, process, analyze, modify, and create derivative works of your User Submissions solely to the extent necessary to operate, provide, maintain, secure, and improve the Service for you and to comply with legal obligations. The Company does not claim ownership of your User Submissions and will not use User Submissions to train, fine-tune, or develop machine-learning models that are made available to other users or third parties, except in aggregated and de-identified form that cannot reasonably be associated with you or your vessel.
(d) Feedback. If you provide the Company with any suggestions, comments, ideas, improvements, bug reports, feature requests, or other feedback regarding the Service (collectively, "Feedback"), you hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, create derivative works of, distribute, and otherwise exploit such Feedback for any purpose, without any obligation of attribution, compensation, or confidentiality. You acknowledge that the Company may already be developing or considering developments similar to your Feedback, and nothing in these Terms restricts the Company's right to do so.
(e) DMCA — Copyright Complaints. The Company respects the intellectual-property rights of others and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe that content on the Service infringes your copyright, you may submit a notice that complies with 17 U.S.C. § 512(c)(3) to the Company's designated agent at [email protected]. The Company may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who are repeat infringers.
Our Privacy Policy explains how we collect and use your data. By using the Service you agree to our data practices as described there.
Legal process and maritime investigations. Stored voyage data may be produced in response to lawful legal process (including admiralty, Coast Guard casualty, and NTSB proceedings) and, at the request of governmental search-and-rescue authorities in a maritime emergency, without awaiting formal process, as described in Section 8 of the Privacy Policy.
Termination for cause. We may suspend or terminate your access to the Service immediately, with or without notice, if we reasonably believe you have violated these Terms, including without limitation the acceptable use policy in Section 5, the account sharing prohibition in Section 4, or any applicable law, or if continued access poses a risk to the Service, other users, or third parties. In the event of termination for cause, no refund will be issued for any prepaid fees.
Termination for business reasons. We may also suspend or terminate your access to the Service for reasons unrelated to any breach by you — including business decisions to discontinue or restructure the Service, regulatory requirements, or technical or legal requirements. For non-breach termination, we will use reasonable efforts to provide at least 30 days' advance notice by email to the address associated with your account, except where shorter notice is required by law, regulation, or emergency circumstances beyond our reasonable control. If we terminate your account without cause, we will issue a pro-rated refund of any prepaid fees for the unused portion of your current billing period, calculated from the effective date of termination.
No mid-passage access guarantee. See §2a-1(j); termination or suspension while underway entitles you to no remedy beyond Section 9.
Termination by you. You may stop using the Service and close your account at any time from your account settings. Closing your account does not entitle you to a refund except as provided in the Refunds bullet in Section 9.
Sections 2, 3, 5, 6, 7, 10, 13, 14, and 16, and any obligation to pay amounts accrued before termination under Section 9, survive any termination of these Terms.
(a) Governing law; Wyoming forum. These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law provisions. Disputes are subject to the Arbitration Agreement and Class-Action Waiver in Section 14. To the extent a dispute is not subject to arbitration (whether because the user has timely opted out under §14.3, because the claim is carved out under §14.6, or because Section 14 has been held unenforceable as to that dispute), the dispute shall be resolved in the state or federal courts located in Wyoming, except as provided in §13(b) (Admiralty) and §13(c) (consumer residency) below. If you are a consumer residing in a U.S. state whose law renders particular consumer protections non-waivable (including without limitation the California Consumers Legal Remedies Act, Cal. Civ. Code § 1751), nothing in this §13 deprives you of those protections, and the choice of Wyoming law applies to your claims only to the extent it does not displace a non-waivable protection of the law of your state of residence. The Company does not, by including this sentence, concede that the law of any particular state applies to any claim, and expressly reserves all defenses regarding applicable law, jurisdiction, and forum.
(b) Admiralty and maritime jurisdiction. Notwithstanding the Wyoming forum selection clause in §13(a), you acknowledge that claims arising from the use of the Service in connection with the navigation or operation of a vessel may be subject to the exclusive or concurrent jurisdiction of the United States federal courts sitting in Admiralty, pursuant to 28 U.S.C. § 1333 and the general maritime law of the United States. Nothing in these Terms waives or limits the jurisdiction of any federal Admiralty court over claims properly within its jurisdiction, and the Wyoming forum selection clause shall not be construed to do so.
(c) Consumer residency carveout — EEA, UK, Switzerland, Australia, and New Zealand. Notwithstanding the foregoing Wyoming forum selection clause and the arbitration provisions in Section 14, if you are a consumer (a natural person acting outside any trade, business, craft, or profession) residing in a Member State of the European Economic Area, the United Kingdom, Switzerland, Australia, or New Zealand, then: (i) nothing in these Terms deprives you of the protection afforded to you by mandatory provisions of the consumer-protection law of your country of residence that cannot be derogated from by agreement; (ii) you retain the right to bring proceedings against the Company in the courts of your country of residence, and the Company may bring proceedings against you only in the courts of your country of residence; and (iii) any limitation, exclusion, or waiver in these Terms — including the Liability Cap in Section 6, the warranty disclaimers in Section 6, and the arbitration and class-action waiver in Section 14 — applies to you only to the maximum extent permitted by the mandatory law of your country of residence. The Company does not, by including this carveout, concede that any of the foregoing jurisdictions' law applies to any particular claim; the Company expressly reserves all defenses regarding applicable law, jurisdiction, and forum.
(d) Exclusion of CISG and UCITA. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) ("CISG") to these Terms and to any transaction or dispute arising out of or relating to these Terms or the Service. The Uniform Computer Information Transactions Act ("UCITA"), as enacted in any jurisdiction, shall not apply to these Terms. The exclusions in this §13(d) are subject to any mandatory non-waivable law applicable under §13(c) and to any non-waivable consumer-protection rule referenced in the non-waivable-law reservation in §6.
READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES BY INDIVIDUAL, BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS. YOU MAY OPT OUT OF THIS SECTION 14 WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE BELOW.
14.1 Scope. Except as expressly carved out in §14.6, you and the Company agree that any past, present, or future dispute, claim, or controversy arising out of or relating to these Terms or the Service — whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claim arose before, on, or after the effective date of these Terms — shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules in effect at the time the arbitration is commenced, as modified by this §14. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this §14.
14.2 Class-Action Waiver. You and the Company each agree that any arbitration or proceeding shall be conducted on an individual basis only, and not as a class action, collective action, mass action, private attorney general action, or any other representative action. You and the Company each waive any right to bring or participate in any class, collective, mass, or representative action in any forum, whether arbitral or judicial. The arbitrator has no authority to consolidate the claims of more than one person or to preside over any form of representative proceeding, except as provided in the Mass Arbitration Procedures in §14.7 (which incorporate the AAA Mass Arbitration Supplementary Rules). See §14.5 for the consequences of any holding that this Class-Action Waiver is unenforceable.
14.3 Opt-Out Right (30 days). You may opt out of this §14 (the Arbitration Agreement and Class-Action Waiver) by sending written notice of your decision to opt out to [email protected] within 30 calendar days of the date you first accepted these Terms (or, for users who accepted these Terms before the effective date of this §14, within 30 calendar days of the effective date of this §14). Your notice must include your full name, the email address associated with your account, the date you accepted these Terms, and a clear statement that you wish to opt out of the Arbitration Agreement and Class-Action Waiver in §14. A timely and complete opt-out notice will be effective; no other form of communication (telephone, support ticket, or otherwise) will effect an opt-out. Opting out of §14 will not affect any other provision of these Terms, and your account will not be terminated, suspended, downgraded, or otherwise disadvantaged because you opted out.
14.4 Arbitration Procedure.
14.5 Severability of §14. The provisions of this §14 are intended to be severable to the maximum extent permitted by law.
14.6 Carve-Outs (claims not subject to arbitration). Notwithstanding §14.1, the following matters are NOT subject to arbitration:
14.7 Mass Arbitration Procedures. If 25 or more substantially similar arbitration demands are filed against the Company by or on behalf of claimants represented by the same law firm or law firms acting in coordination within a 60-day period (a "Mass Arbitration"), the AAA Mass Arbitration Supplementary Rules in effect at the time the Mass Arbitration is commenced shall govern the proceedings, in addition to the AAA Consumer Arbitration Rules and this §14.
14.8 Survival. This §14 survives termination of these Terms, closure of your account, and any expiration, cancellation, or assignment of these Terms.
Supplementary policies. In addition to these Terms, the Company may publish supplementary policies, guidelines, or addenda that apply to specific features, subscription tiers, or user categories ("Supplementary Policies"). Supplementary Policies, including the Privacy Policy, are incorporated into these Terms by reference and form part of the agreement between you and the Company; in the event of any conflict between a Supplementary Policy and these Terms, these Terms control. The Company may publish additional Supplementary Policies at any time with notice as provided below. Your continued use of the feature governed by a new Supplementary Policy after its effective date constitutes your acceptance of it.
We may update these Terms as the Service evolves and will update the effective date above when we do. For material changes — including changes to the limitation of liability, indemnification, or dispute resolution — we will give at least 14 days' notice by email to the address associated with your account or by prominent notice in the Service, and we will present the updated Terms to you in the Service and require your affirmative acceptance before you next use it. If you do not agree to the updated Terms, you may close your account (Section 12) before or upon being asked to accept them. Where affirmative acceptance is not obtained, continued use of the Service after the effective date constitutes acceptance of the updated Terms.
(a) Entire agreement. These Terms, together with the Privacy Policy and any Supplementary Policies referenced herein, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the Service. No statement, representation, warranty, or agreement made by any employee, agent, or representative of the Company outside of these Terms is binding unless it is set forth in a written amendment to these Terms signed by an authorized officer of the Company. You acknowledge that you have not relied on any representation, warranty, or statement other than those set forth in these Terms in deciding to use the Service.
(b) Electronic communications and signatures. You consent to receive communications from the Company in electronic form — including these Terms, the Privacy Policy, account notices, billing notices, change notifications, legal notices, and all other communications relating to the Service — by email to the address associated with your account or by posting in the Service. You agree that all such electronic communications satisfy any legal requirement that the communication be in writing. Your affirmative acceptance of these Terms (including by clicking "I agree," "Sign up," "Subscribe," or a similar control) constitutes your electronic signature and has the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transactions Act as enacted in the applicable jurisdiction. You may withdraw consent to electronic communications only by closing your account.
(c) Severability and reformation. If any provision of these Terms — including any provision of Section 6 or Section 14 — is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable as to any claim, claimant, or jurisdiction, that provision shall be reformed and enforced to the maximum extent permitted by law as to that claim, claimant, or jurisdiction, shall be enforced in full as to all others, and the remaining provisions of these Terms shall remain in full force and effect. This §16(c) states the single rule of reformation and severability for these Terms; §14.5 sets out how it applies among the provisions of Section 14.
(d) No waiver. The Company's failure or delay in enforcing any provision of these Terms is not a waiver of that or any other provision. No waiver of any provision of these Terms is effective unless in writing and signed by an authorized officer of the Company. A waiver of any breach is not a waiver of any subsequent breach.
(e) Assignment. You may not assign, delegate, or otherwise transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without the Company's prior written consent. Any purported assignment in violation of this §16(e) is void. The Company may assign, delegate, or transfer these Terms in whole or in part, without your consent, to any affiliate or successor in connection with a merger, acquisition, reorganization, sale of substantially all assets, or similar transaction. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
(f) Force majeure. The Company is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, severe weather, war, terrorism, civil unrest, government action, sanctions, embargo, labor disputes, internet or telecommunications failures, third-party service-provider failures (including failures of weather-data providers, cloud-hosting providers, and AI-model providers), cyber-attacks, and pandemics or public-health emergencies.
(g) Export controls and sanctions. You represent and warrant that you are not located in, and are not a national or resident of, any country or region subject to comprehensive U.S. sanctions, and that you are not listed on the U.S. Department of the Treasury Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List or any other applicable government denied-party list. You agree not to access, use, export, re-export, or transfer the Service in violation of any applicable export-control or economic-sanctions law. The Company may suspend or terminate your access if it reasonably determines that your continued use would violate this provision.
(h) Notices. Notices to you under these Terms will be given by email to the address associated with your account or by posting in the Service. Notices to the Company under these Terms (other than pre-arbitration notices under §14.4(a), which must be sent as specified in that section) must be sent to [email protected].
(i) Headings; interpretation. Section headings are for convenience only and do not affect interpretation. "Including" and "include" mean "including without limitation." References to a statute include any successor statute and any regulations promulgated thereunder.
(j) Relationship of parties. Nothing in these Terms creates any partnership, joint venture, employment, agency, or fiduciary relationship between you and the Company.
(k) No third-party beneficiaries. Except that the Company's affiliates and the Company Parties (as defined in §6) are intended third-party beneficiaries of the limitations and exclusions in §6 and §7, these Terms confer no rights on any person other than you and the Company. This §16(k) is consistent with, and does not limit, §2d (No Third-Party Beneficiaries).
(a) Single contact channel. All communications with the Company under these Terms — including general questions, privacy and data-subject inquiries, legal notices, pre-arbitration notices under §14.4(a), intellectual-property and DMCA complaints under §10(e), export-compliance inquiries, and all other notices — shall be sent to [email protected], except billing inquiries and statutory-withdrawal notices under Section 9, which may be sent to [email protected] (notices to either address are effective). The provider of the Service is the Company, as identified at the beginning of these Terms.
(b) EU Digital Services Act — single point of contact (Art. 11 and Art. 12). To the extent Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act, "DSA") apply to the Service, the Company designates [email protected] as its single electronic point of contact for direct communication from (i) the authorities of EU Member States, the European Commission, and the European Board for Digital Services under Article 11, and (ii) recipients of the service under Article 12. Communications may be submitted in English.
(c) DSA Article 13 — legal representative. The Company does not currently designate a legal representative in the European Union under Article 13 of the DSA; if a designation is made, it will be published on this page. Nothing in §17(b) or §17(c) is an admission that the Service is an "intermediary service" within the scope of the DSA or that any DSA obligation applies to the Company, and the Company reserves all rights and defenses under the DSA and applicable law.