Shaka Terms of Service
Effective date: on first publication
DRAFT for review. These terms follow the standard practice of recreational-conditions apps (Surfline, and dive apps such as Pelagic and Dive Kit). Recommended: a short attorney review before public launch.
By downloading, accessing, or using Shaka (the "App"), you agree to these Terms. If you do not agree, do not use the App.
1. Shaka is a planning aid, not a safety device
Shaka provides informational estimates of ocean and dive conditions derived from satellite data, weather models, and third-party sources. Shaka is a planning aid only. It is not a safety device, not a dive computer, and not a substitute for proper training, certification, in-person assessment, or your own judgment. Conditions in the water can differ significantly from any forecast or score, at any time.
2. Assumption of risk
Spearfishing, freediving, and diving are inherently dangerous activities that carry risk of serious injury or death. By using Shaka, you acknowledge and voluntarily assume all risks associated with these activities. Always verify conditions in person, dive within your training and certification, and never dive alone. When in doubt, don't dive.
3. No warranty
The App and all content are provided "as is" and "as available," without warranty of any kind, express or implied, including any warranty of accuracy, completeness, reliability, merchantability, or fitness for a particular purpose. We do not warrant that scores, forecasts, conditions, or spot information are accurate, complete, or current. It is your responsibility to review and validate any information before relying on it.
4. Limitation of liability
To the fullest extent permitted by law, in no event shall Shaka, its developer, or its data providers be liable for any indirect, incidental, special, consequential, or punitive damages, or for any personal injury, death, property damage, or loss arising out of or related to your use of the App or any activity undertaken in connection with information from the App. To the fullest extent permitted by law, total aggregate liability shall not exceed one hundred U.S. dollars ($100).
Nothing in these Terms limits liability that cannot be limited under applicable law, including for gross negligence, willful misconduct, or where prohibited by non-waivable consumer-protection law.
5. Third-party data
Conditions data is sourced from third parties including NASA, NOAA, Copernicus, and others. Those providers disclaim liability for the accuracy, reliability, and fitness of their data, and we pass through no greater warranty than they provide.
6. Changes & governing law
We may update these Terms; continued use after changes constitutes acceptance. These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.