Terms of Service

These Terms of Service ("Terms") govern your access to and use of the foamo website and services (the "Service") operated by Foamo Surf Analytics LLC ("foamo," "we," "us," or "our"). By accessing or using the Service in any way, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not access or use the Service.

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are at least 13 years old. We do not knowingly collect personal information from children under 13. If we learn that we have collected such information, we will delete it promptly.

foamo provides surf forecasting information for breaks in San Diego County, California. Forecasts are generated using foamo's proprietary SLAM (San Diego Local Analytics Model) technology and third-party meteorological data sources. The Service is intended solely for informational and recreational purposes and does not constitute professional safety advice, emergency guidance, or a recommendation to enter the water.

Forecasts are estimates only and are not a substitute for your own assessment of ocean conditions.

Surfing, ocean swimming, and related water activities are inherently dangerous and can result in serious injury or death. foamo makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any forecast, prediction, rating, or other information provided through the Service. Conditions can change rapidly and without notice.

To the maximum extent permitted by applicable law, foamo disclaims all liability for any injury, death, property damage, or other harm arising from your use of or reliance on any information provided through the Service. You assume full responsibility for all decisions to enter the water.

You agree not to rely solely on the Service when making decisions related to ocean activity. Always assess ocean conditions yourself before entering the water. Consult local lifeguards and heed all posted warnings.

To access certain features you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@foamo.io of any unauthorized use of your account.

We reserve the right to suspend or permanently terminate your account at our sole discretion, including for violation of these Terms, fraudulent activity, or abuse of the Service. Upon termination:

• Your access to the Service, including any Pro features, will cease immediately.
• No refunds will be issued for subscription fees paid prior to termination for cause.
• Provisions of these Terms that by their nature should survive termination will continue to apply, including Sections 4, 7, 9, 10, 11, and 12.

You may delete your account at any time by contacting support@foamo.io.

foamo offers a paid Pro subscription ("Pro") for $3.99 per month. By subscribing to Pro, you authorize foamo (and our third-party payment processor) to charge your payment method on a recurring monthly basis until you cancel.

• Cancellation. You may cancel your Pro subscription at any time through your account settings. Upon cancellation, your Pro access will continue until the end of the current billing period. We do not prorate partial months.
• Refunds. Except as required by applicable law, all subscription fees are non-refundable. We do not issue refunds or credits for partial subscription periods or unused features.
• Price Changes. We reserve the right to change the subscription price at any time with reasonable prior notice. Your continued use of Pro after a price change constitutes acceptance of the new price.

The SLAM (San Diego Local Analytics Model) and all underlying methodology, training data, algorithms, and forecasting logic are proprietary to Foamo Surf Analytics LLC and constitute valuable trade secrets and intellectual property.

• You may not scrape, systematically download, reproduce, resell, or use foamo's forecast data, ratings, or model outputs for commercial purposes or to develop competing products or services.
• You may not attempt to reverse engineer, decompile, or derive the methodology behind foamo's forecasting model.
• All content, design, trademarks, and software comprising the Service are owned by or licensed to Foamo Surf Analytics LLC. Nothing in these Terms grants you ownership of any foamo intellectual property.
• You may share screenshots of foamo forecasts on social media for personal, non-commercial purposes, provided you do not misrepresent the source or accuracy of the information.

You agree not to use the Service to:

• Violate any applicable law or regulation
• Impersonate any person or entity
• Transmit spam, malware, or harmful code
• Attempt to gain unauthorized access to the Service or its infrastructure
• Engage in any conduct that disrupts or interferes with the Service
• Commercially exploit or resell access to the Service without our express written consent

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee that the Service will be available at any particular time, uninterrupted, or error-free. We may suspend, modify, or discontinue the Service at any time without notice or liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOAMO SURF ANALYTICS LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL FOAMO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO FOAMO IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50.00).

You agree to indemnify, defend, and hold harmless Foamo Surf Analytics LLC and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of any third party.

PLEASE READ THIS SECTION CAREFULLY. IT WAIVES YOUR RIGHT TO A JURY TRIAL AND CLASS ACTION.

Informal Resolution. Before initiating arbitration, you agree to first contact us at support@foamo.io and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Arbitration may be conducted remotely or in San Diego County, California, at the user's election.

Small Claims. Either party may bring an individual claim in small claims court if the claim qualifies.

Fees. AAA filing fees will be allocated according to AAA Consumer Arbitration Rules. foamo will not seek attorneys' fees unless the arbitrator determines your claim was frivolous.

Class Action Waiver. You waive your right to participate in a class action lawsuit or class-wide arbitration against foamo.

Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to support@foamo.io with the subject line "Arbitration Opt-Out." If you opt out, disputes will be resolved in the state or federal courts located in San Diego County, California.

Injunctive Relief. Notwithstanding the above, either party may seek injunctive or equitable relief in court to prevent irreparable harm.

foamo shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, internet or telecommunications outages, power failures, third-party service provider failures (including weather data providers, cloud infrastructure, or authentication services), or any other event outside our reasonable control.

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. foamo may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, or operation of law. These Terms will be binding on permitted assignees.

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

These Terms, together with our Privacy Policy, constitute the entire agreement between you and foamo regarding the Service and supersede all prior agreements, representations, and understandings, whether written or oral, relating to the subject matter hereof.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

We reserve the right to modify these Terms at any time. We will notify users of material changes by updating the effective date at the top of this page. Your continued use of the Service following any changes constitutes your acceptance of the updated Terms.

Questions about these Terms? Email us at support@foamo.io.