Terms of Service | WindStoke

1. Acceptance of Terms

By accessing or using WindStoke ("Service"), operated by Michigan Dawn Patrol ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

WindStoke provides wind, wave, and weather alert notifications based on data from third-party sources including the National Oceanic and Atmospheric Administration (NOAA), National Weather Service (NWS), and other weather data providers. The Service notifies users when weather conditions at selected monitoring stations meet user-specified criteria.

IMPORTANT: WindStoke is designed for recreational and informational purposes only. This Service is NOT intended for emergency alerting, safety-critical decisions, or situations where inaccurate information could result in injury, death, or property damage.

3. Disclaimer of Accuracy

THE WEATHER DATA AND ALERTS PROVIDED BY WINDSTOKE ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY.

You acknowledge and agree that:

Weather data is sourced from third-party providers and may be inaccurate, delayed, or unavailable
Weather stations may malfunction, go offline, or report erroneous data
Alerts may fail to send due to technical issues, network problems, or service outages
Conditions can change rapidly and may differ from reported data
The Service does not guarantee the accuracy, completeness, or timeliness of any information
You should ALWAYS verify conditions through multiple sources before engaging in any water sports or outdoor activities
You should NEVER rely solely on WindStoke for making decisions that could affect your safety

4. Assumption of Risk

Water sports including but not limited to surfing, kiteboarding, windsurfing, sailing, and swimming are inherently dangerous activities. By using this Service, you acknowledge that:

You voluntarily assume all risks associated with water sports and outdoor activities
Weather and water conditions can be unpredictable and hazardous
You are solely responsible for assessing conditions and making safe decisions
You will not hold WindStoke or Michigan Dawn Patrol liable for any injuries, damages, or losses resulting from your activities
You have adequate training, experience, and equipment for the activities you undertake

5. No Emergency Services

WindStoke is NOT an emergency notification system. Do not use this Service for storm warnings, evacuation alerts, flood notifications, or any safety-critical purposes. For emergency weather information, contact your local emergency services, National Weather Service, or official emergency alert systems.

6. Service Availability

We strive to maintain reliable service but do not guarantee uninterrupted availability. The Service may be unavailable due to:

Scheduled or unscheduled maintenance
Third-party data provider outages
Technical failures or system updates
Factors beyond our reasonable control

We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

7. User Accounts

To use certain features, you must create an account. You agree to:

Provide accurate and complete registration information
Maintain the security of your account credentials
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized access

We reserve the right to terminate accounts that violate these Terms or for any reason at our discretion.

8. Subscription and Payments

WindStoke offers both free and premium subscription tiers. For paid subscriptions:

Payments are processed securely through Stripe
Subscriptions automatically renew unless cancelled
You may cancel at any time through your account dashboard
Refunds are provided at our discretion on a case-by-case basis
We reserve the right to change pricing with reasonable notice

9. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the Service
Scrape, harvest, or collect data from the Service without permission
Resell or redistribute the Service without authorization
Use the Service to send spam or unsolicited communications

10. Intellectual Property

The WindStoke name, logo, website design, and original content are the property of Michigan Dawn Patrol. Weather data is provided by third-party sources and is subject to their respective terms and conditions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICHIGAN DAWN PATROL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Personal injury or death
Property damage or loss
Loss of profits or business opportunities
Data loss or corruption
Any damages arising from reliance on the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Michigan Dawn Patrol and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Service or violation of these Terms.

13. Governing Law

These Terms shall be governed by the laws of the State of Michigan, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Michigan.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15. Contact Information

For questions about these Terms, please contact us at:

Michigan Dawn Patrol
Email: [email protected]
Website: windstoke.app