Read Section 2 first. BeachPulse helps you plan a day out. It is not a safety service and must not be relied on as one. The ocean is dangerous, conditions change faster than any forecast, and nothing in this App replaces a lifeguard, a posted warning flag, or your own judgment.
By downloading or using BeachPulse ("the App"), you agree to these Terms of Use. If you do not agree, do not use the App. The App is provided by The Penelope Group LLC ("we," "us," or "our"). These Terms work alongside our Privacy Policy.
This is the most important term in this document. BeachPulse is a trip-planning convenience. It is not a life-safety system, a rip-current warning system, a lifeguard service, or an emergency information service, and it must never be used as a substitute for any of them.
Swimming, surfing and other water activities carry an inherent risk of serious injury and death. You assume that risk. Assess conditions yourself when you arrive, and do not enter the water because an app scored the day well.
BeachPulse is an independent product. It is not affiliated with, endorsed by, sponsored by, or in any way officially connected to the National Oceanic and Atmospheric Administration (NOAA), the National Weather Service, the National Park Service, the State of Florida, the Florida Fish and Wildlife Conservation Commission, the University of South Florida, Brevard, Pinellas, Miami-Dade or Broward County, or any municipality, park authority or beach operator whose beaches it describes.
Beach, park and place names are used for identification only. Government data used by the App is public information, and its use here does not imply any endorsement of the App by the agency that publishes it.
You must be at least 13 years old to use the App. If you are under the age of majority where you live, use it only with the involvement of a parent or guardian. The App requires no account, so nothing here is registered to you.
The App combines third-party live data with a fixed table of information about each beach, and produces a ranking. Everything it shows is provided for planning purposes only and may be inaccurate, incomplete or out of date.
Do not interact with the App while operating a vehicle. Plan before you set off, or have a passenger do it. You are responsible for obeying all traffic laws and for driving safely regardless of anything the App displays or suggests.
Location access is optional and, if granted, is used only while the App is open and only to calculate driving times. You may decline it and enter a town or ZIP code instead, or revoke it at any time in your device settings. See the Privacy Policy for exactly what is transmitted and to whom.
You agree not to:
The App, its name, its design, its scoring method and its written content are owned by The Penelope Group LLC and are protected by copyright and other laws. You receive a personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, for personal non-commercial purposes.
Photographs of beaches shown in the App are used under Creative Commons or public-domain licenses. Each photograph's author and license are credited inside the App, and those licenses — not this section — govern the reuse of those images.
Weather, tide, wave and alert data are the products of their respective providers and remain subject to their terms.
The App depends on services we do not control. Those services may change, impose limits, degrade or shut down, with or without notice, and the App may lose features or stop working as a result. Where a reading cannot be obtained, the App is designed to say so rather than to substitute a guess — but we do not warrant that it will always succeed in doing so.
BeachPulse Pro is a single one-time in-app purchase. It is not a subscription and never renews. It unlocks the features described on the Pro screen in the App at the time you buy it, for as long as that version of the App remains available to you.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR AVAILABLE AT ANY PARTICULAR TIME, OR THAT ANY CONDITION, HAZARD, FEE, TIME OR OTHER INFORMATION IT DISPLAYS IS CORRECT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PENELOPE GROUP LLC AND ITS MEMBERS, OFFICERS AND CONTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, TIME OR OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP.
THIS INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DROWNING, ILLNESS OR DEATH, ANY WASTED JOURNEY, ANY FEE OR PARKING CHARGE, AND ANY DAMAGE ARISING FROM RELIANCE ON A CONDITION, ALERT, DRIVING TIME, FEE, HOUR OR RECOMMENDATION SHOWN IN THE APP.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) TWENTY-FIVE US DOLLARS ($25).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for personal injury or for incidental or consequential damages. Where that is so, the exclusions and limitations above apply only to the extent permitted, and nothing in these Terms limits liability that cannot lawfully be limited.
You agree to indemnify and hold harmless The Penelope Group LLC from any claim, demand, loss or expense (including reasonable legal fees) arising out of your use of the App, your violation of these Terms, or your violation of any law or the rights of a third party.
We may update these Terms. The "Last Updated" date above will change, and material changes will be reflected here before or when the affected version of the App is released. Continued use after an update constitutes acceptance.
You may stop using the App at any time by deleting it. We may discontinue the App, or any part of it, at any time. Sections 2, 9, 12, 13 and 14 survive termination.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Florida, and you consent to their jurisdiction. Nothing here deprives you of the protection of mandatory consumer-protection provisions of the law of the place where you live.
These Terms are between you and The Penelope Group LLC, not Apple. Apple has no obligation to provide maintenance or support for the App, and is not responsible for addressing any claim relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
TPGLLC.Support@gmail.com
The Penelope Group LLC