[LIKE THIS] are placeholders. This document is a starting point, not finalised legal advice.These Terms of Service ("Terms") govern your access to and use of the JetCheck mobile application, progressive web app, and any related services (collectively, the "Service"), provided by [YOUR LEGAL NAME OR ENTITY — e.g. "Gregg [Surname]" or "[Pty Ltd Name] ACN [XXX]"] ("we", "us", "our").
By installing, opening, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Operator: [YOUR LEGAL NAME OR ENTITY]
Business address: [BUSINESS ADDRESS]
Contact email: [support@your-domain]
The Service displays modelled and measured surface-water conditions for the Gold Coast region of Queensland, Australia, intended to help recreational users plan personal watercraft outings. The Service combines public weather forecasts, official observation data, and our own scoring logic to produce summary verdicts (e.g. "GO", "BORDERLINE", "SKIP") and accompanying narrative text.
The Service is provided "as is" and "as available". Forecast accuracy depends on third-party data, which is subject to publishing lags, sensor outages, and modelling error. Verdicts are derived heuristics, not guarantees.
You are solely responsible for:
You must be at least [12 / 13 / 16 — confirm with lawyer based on age rating] years old to use the Service. The Service is not directed at children under that age. If you are under [18], you must have permission from a parent or legal guardian to use the Service and to purchase any subscription.
You agree not to:
The Service does not currently require an account to access the free tier. If accounts are introduced (for example, to manage subscriptions), you are responsible for keeping your credentials secure and for activity under your account.
Premium features may be offered on a subscription basis at the price advertised in the relevant app store (currently [AUD 14.99 per year], subject to change). A [30-day] free trial may be offered to first-time subscribers.
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours of the period end at the then-current price.
You may cancel at any time through your Apple ID Subscriptions or Google Play Subscriptions settings. Cancellation takes effect at the end of the current paid period; access continues until then.
Refunds for in-app purchases are governed by the policies of Apple App Store and Google Play, respectively, and are processed by those platforms — not by us. Australian Consumer Law guarantees may also apply (see clause 17).
If you do not cancel before the trial ends, your subscription will begin and you will be charged the full subscription price. We will not separately remind you that the trial is ending; manage this through your App Store or Play Store settings.
To the maximum extent permitted by law, the Service is provided without warranties of any kind, express or implied, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data shown is current, accurate, or fit for any specific use.
To the maximum extent permitted by law, neither we nor our suppliers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profit, loss of data, personal injury, property damage, or loss of opportunity — arising out of or in connection with your use of the Service, whether based in contract, tort (including negligence), statute, or otherwise.
Where liability cannot be excluded under applicable law, our total cumulative liability to you for all claims arising out of these Terms or the Service is limited to the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) [AUD 100].
You agree to indemnify and hold harmless [YOUR LEGAL NAME OR ENTITY], its officers, contractors, and affiliates from any claim, demand, loss, or expense (including reasonable legal fees) arising from (a) your use of the Service, (b) your breach of these Terms, (c) your violation of any law or third-party right, or (d) any incident in which your reliance on the Service contributed to personal injury, property damage, or loss.
The Service — including its name, design, code, scoring algorithms, and original content — is owned by [YOUR LEGAL NAME OR ENTITY] and protected by copyright and other intellectual property laws. These Terms grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for personal, non-commercial purposes only.
Third-party data (see clause 13) remains the property of the respective data providers and is used under their respective licences.
The Service incorporates data from third parties, including:
We do not control these sources and do not guarantee their accuracy, availability, or continued accessibility. Use of third-party data is subject to the relevant provider's terms, which we incorporate by reference where required. You agree to comply with any applicable upstream licence terms when interacting with the Service.
The Service references data, terminology, and safety guidance published by external authorities, including (without limitation) the Bureau of Meteorology, Maritime Safety Queensland, the Australian Maritime Safety Authority, the Australian Government Department of Climate Change, Energy, the Environment and Water, and the Queensland Department of Environment, Science and Innovation.
We are not affiliated with, endorsed by, sponsored by, certified by, or otherwise connected to any of these authorities. Any reference, attribution, or hyperlink in the Service or in these Terms is for informational or licence-compliance purposes only, and must not be interpreted as approval, endorsement, certification, or warranty of the Service or any of its outputs by the referenced authority. Where official guidance differs from anything shown in the Service, the official source prevails.
The Service and these Terms may contain hyperlinks to third-party websites and services, including official authorities we encourage you to consult before going on the water. We do not operate, monitor, or endorse those sites; we cannot guarantee their availability, accuracy, security, terms of use, or privacy practices. You access third-party sites at your own risk and under the terms posted on those sites.
The Service depends on third-party data providers, public observation networks (including offshore wave buoys and shore-based anemometers), satellite and cellular relay, internet connectivity, and cloud infrastructure operated by parties outside our control. We do not control any of these inputs and cannot guarantee their continuous availability or freshness.
The Service may be unavailable, delayed, partially functional, or display stale data during sensor outages, upstream provider downtime, network failure, scheduled or unscheduled maintenance, regulatory action, natural disaster, severe weather, or any other event beyond our reasonable control. None of those occurrences constitutes a breach of these Terms or a failure of any obligation owed to you, and (subject to clause 17 — Australian Consumer Law) no liability arises from them.
If you are a "consumer" within the meaning of the Australian Consumer Law (ACL), certain statutory guarantees apply that cannot be excluded, restricted, or modified by these Terms, including guarantees relating to acceptable quality and fitness for purpose. Nothing in these Terms operates to exclude, restrict, or modify those rights.
Our liability for breach of an ACL consumer guarantee that cannot lawfully be excluded is, where permitted, limited at our option to (a) re-supplying the Service, or (b) refunding the price paid by you for the Service in the 12 months preceding the claim.
We may modify, suspend, or discontinue any part of the Service at any time. We may update these Terms from time to time; we will post the updated Terms in the Service or on our website and update the "Last updated" date above. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including breach of these Terms. Sections that by their nature should survive termination — including disclaimers, liability limits, indemnification, and governing law — will survive.
These Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland for any dispute arising under or in connection with these Terms, subject to any non-excludable consumer rights to bring proceedings elsewhere.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
Questions about these Terms: [support@your-domain]
Lawyer notes: please review clauses 4 (safety callout), 9 (warranties), 10 (liability cap), 11 (indemnification), and 17 (ACL) together — that combination is the foreseeable personal-injury defence stack for a watersports app. Clauses 14–16 (non-affiliation, external links, data outages) were added to address weather-data-specific risk surfaces; please confirm wording is sufficient for the upstream-data dependency. Subscription clause 8 must satisfy Apple's auto-renewal disclosure requirements per App Store Review Guideline §3.1.2.