Terms of Service
1. Acceptance
By downloading, installing, or using SurfCal, you agree to be bound by these Terms of Service (“Terms”). A notice stating “By continuing you agree to our Terms of Service and Privacy Policy” with tappable links is displayed on the sign-in screen before account creation. If you do not agree, do not use the app.
SurfCal is operated by Ariaxis Ventures (ABN: 17 684 317 477), Ground Floor, 470 St Kilda Rd, Melbourne VIC 3004, Australia (“SurfCal”, “we”, “us”). These Terms, together with our Privacy Policy, constitute the entire agreement between you and SurfCal regarding the Service.
You must be at least 18 years old to use SurfCal.
2. Definitions
- “Service” means the SurfCal iOS app, Android app, and the website at surfcal.app, together with all features, content, and functionality made available through them.
- “Forecast Data” means surf, swell, wind, and tide condition estimates retrieved from third-party data providers and presented through the Service.
- “Subscription” means a paid auto-renewing plan that provides access to the Service.
- “Free Trial” means a limited-period no-cost access to the Service offered to new subscribers before their first billing date.
- “Skill Level” means the surfing ability category (Learning, Improver, Intermediate, Advanced, or Expert) that you self-select within the app.
- “Content” means all text, data, designs, algorithms, and other materials made available through the Service by SurfCal (excluding Forecast Data sourced from third parties).
- “Location & Break Sponsor” or “Sponsor” means a business or individual that has entered into a commercial sponsorship agreement with SurfCal to contribute Sponsor Content associated with one or more surf spots on the platform.
- “Sponsor Content” means any material contributed by or on behalf of a Sponsor that appears within the Service, including Announcements in the announcement feed and local knowledge or break information displayed on a spot profile.
- “Announcement” means a time-sensitive message, notice, or promotional content that is a form of Sponsor Content appearing in the announcement feed for relevant surf spots.
3. The Service
SurfCal provides personalised, skill-aware surf forecasts for spots you select manually. The app retrieves Forecast Data from third-party providers and presents it filtered to your Skill Level.
Access to SurfCal requires an active Subscription or a Free Trial. There is no permanent free tier. No functionality is withheld solely for declining optional permissions (such as calendar access).
The Service includes a Share feature that composes a plain-text summary of a forecast session (spot name, date, wave and wind conditions, and skill-matched verdict) and passes it to your device's native share sheet. SurfCal does not control, intercept, or receive any information about who you share with or through which channel. Sharing is handled entirely by your device's operating system.
4. Licence Grant
Subject to your compliance with these Terms, SurfCal grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the SurfCal app on a device you own or control, solely for your personal, non-commercial purposes. This licence terminates automatically if you breach these Terms.
For iOS: this licence is limited to use on Apple-branded devices as permitted by the Apple Media Services Terms of Service.
No other rights are granted. All rights not expressly granted are reserved by SurfCal.
5. Accounts
You create an account with your email address using a one-time password (OTP). You are responsible for maintaining the security of your account and for all activity that occurs under it. You must not share your account or allow third parties to access it. You must provide an accurate email address and keep it current.
If you believe your account has been compromised, contact us immediately at hello@surfcal.app.
6. Forecast Disclaimer — Read This Carefully
Forecast Data is provided “as is” for general informational and recreational planning purposes only. SurfCal:
- does not warrant the accuracy, completeness, or timeliness of any forecast;
- does not warrant that Forecast Data from third-party providers (including StormGlass) will be accurate or available;
- is not liable for any loss, injury, or damage arising from reliance on Forecast Data.
Always independently assess conditions before surfing. Follow Surf Life Saving Australia guidelines and local advice.
7. Skill Level Disclaimer
Your Skill Level is self-selected. SurfCal does not verify or certify your actual surfing ability. Forecast recommendations filtered to your Skill Level are for guidance only — they do not guarantee that conditions are safe or suitable for you personally.
Accurate self-assessment of your ability relative to prevailing conditions is your sole responsibility. SurfCal accepts no liability arising from an incorrectly selected Skill Level or from relying on a skill-matched recommendation when actual conditions exceed your ability.
8. Subscriptions and Payment
Billing
SurfCal Subscriptions are billed through your Apple App Store or Google Play account. Payment is charged to your Apple ID or Google Play account at confirmation of purchase. SurfCal uses Apple's standard End User Licence Agreement (EULA), available at apple.com/legal/internet-services/itunes/dev/stdeula, which supplements these Terms for App Store users.
Auto-renewal
Your Subscription automatically renews unless you turn off auto-renewal at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription price.
Managing your subscription
You can manage your Subscription and turn off auto-renewal at any time through your device's account settings:
- iPhone/iPad: Settings → [your name] → Subscriptions → SurfCal
- Android: Play Store → Profile → Payments & subscriptions → Subscriptions → SurfCal
Free trial
A free trial may be offered to new subscribers. The trial provides full access to the Service for a limited period before your first billing date. Any unused portion of a free trial is forfeited upon subscribing to a paid plan. After the trial ends, a paid Subscription is required to continue using the Service.
Price changes
We reserve the right to change Subscription pricing. You will be notified before any price change takes effect at your next renewal period.
Refunds
Subscription fees are non-refundable except where required by applicable law or the applicable app store refund policy. For App Store purchases, refund requests are handled by Apple at reportaproblem.apple.com. For Play Store purchases, contact Google Play support.
Nothing in these Terms limits any right you may have under the Australian Consumer Law (ACL). Where the ACL applies and the Service has a major failure, you may be entitled to a remedy under that law.
9. Calendar Permission
If you grant calendar permission, SurfCal writes surf sessions you save to your device calendar. This is optional — the app functions fully without it. Calendar data is processed locally on your device; SurfCal does not transmit calendar entries to our servers.
10. Sponsor Content
Announcements
The Service includes an announcement feed. Announcements may appear for surf spots you have saved and are published in three ways: (a) by a Location & Break Sponsor directly via the SurfCal console, appearing under that Sponsor's name — a Sponsor may publish for any spot, not only spots they specifically sponsor; (b) by SurfCal independently under SurfCal's own name, for any spot and whether or not a sponsorship arrangement exists; or (c) by SurfCal on behalf of a Sponsor and attributed to that Sponsor — this is treated as a sponsored Announcement and identified as such within the app.
Local knowledge on spot profiles
In addition to the announcement feed, Sponsors may contribute local knowledge — such as break descriptions, access notes, or general spot insights — that is displayed in the spot profile section of the Service. Where local knowledge is contributed by a Sponsor, it will be attributed to that Sponsor within the app so it is distinguishable from information researched independently by SurfCal. Sponsor-contributed spot profile content is Sponsor Content and is subject to the same exclusions as Announcements (see below).
Commercial relationships and compensation
SurfCal may receive commercial compensation — including fees, in-kind benefits, or revenue sharing — from Sponsors in connection with the display of Announcements. Where an Announcement is published by or on behalf of a Sponsor, it will be identified as sponsored content within the app.
Sponsor offers and third-party benefits
Announcements may include promotional offers from Sponsors, such as discount codes, access benefits, or other incentives (“Sponsor Offers”). SurfCal may receive a commercial benefit (such as a referral fee or commission) when you use a Sponsor Offer. Sponsor Offers are provided by the Sponsor, not by SurfCal, and are subject to the Sponsor's own terms and conditions. SurfCal makes no representation as to the accuracy, availability, quality, or value of any Sponsor Offer and is not responsible for its fulfilment, redemption, or any dispute arising from it. Any dealings with a Sponsor in connection with a Sponsor Offer are solely between you and that Sponsor.
Sponsors have no involvement in forecasting — complete exclusion
All Sponsor Content — whether appearing in the announcement feed or on a spot profile — is editorial and commercial only. It does not form part of, supplement, or influence any Forecast Data or SurfCal's researched spot information shown in the Service. You must not rely on Sponsor Content as a substitute for, or supplement to, Forecast Data or SurfCal's own spot research.
SurfCal expressly excludes all liability for any loss, injury, or damage arising from reliance on Sponsor Content — including any content that a Sponsor characterises as local knowledge, surf insight, break information, or condition commentary, wherever it appears in the Service — for the purposes of making a decision to enter the water. The forecast disclaimer in Section 6 applies in full and independently of any Sponsor Content. Sponsor Content is not a forecast, and no Sponsor is authorised to represent it as one.
11. Permitted and Prohibited Use
You may use the Service for your personal, non-commercial surf planning purposes in accordance with these Terms.
You must not:
- reverse engineer, decompile, or attempt to extract source code from the app;
- reproduce, redistribute, or commercially exploit Forecast Data or Content;
- use automated means (bots, scrapers) to access or extract data;
- attempt unauthorised access to our servers, databases, or related infrastructure;
- share account credentials or allow third parties to use your Subscription;
- use the Service for any unlawful purpose or in violation of applicable law.
12. Intellectual Property
All intellectual property in the Service — including its design, algorithms (including skill-matching logic), branding, Content, and trade marks — is owned by or licensed to Ariaxis Ventures. No rights are granted beyond the limited personal licence in Section 4. You must not use SurfCal's name, logo, or trade marks without our prior written consent.
Forecast Data is sourced from and remains the property of third-party providers (see Section 13). Use of Forecast Data is subject to those providers' terms. Sponsor content published in Announcements remains the intellectual property of the respective Sponsor.
13. Third-Party Services
SurfCal integrates with third-party services including StormGlass (Forecast Data), Supabase (data storage and authentication), PostHog (analytics), and RevenueCat (subscription management). We are not responsible for the accuracy, availability, or practices of those services. Third-party services are subject to their own terms and privacy policies, and links or references to them in the Service do not constitute endorsement.
14. Disclaimer of Warranties
To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranty of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free from security vulnerabilities, or that Forecast Data will be accurate, complete, or current. We make no warranty regarding the accuracy, completeness, or reliability of any Sponsor Content, whether appearing in the announcement feed or on a spot profile.
Nothing in these Terms excludes or limits consumer guarantees under the Australian Consumer Law (ACL) that cannot by law be excluded. Where the ACL applies, and to the extent we are permitted to limit our liability, we limit our obligation to re-supplying the Service or paying the reasonable cost of re-supply.
15. Limitation of Liability
To the maximum extent permitted by law, SurfCal's total liability to you for any claim arising out of or in connection with the Service will not exceed the greater of: (a) the total amount you paid for the Service in the 12 months before the claim arose, or (b) AUD $50.
To the maximum extent permitted by law, we exclude liability for: indirect, incidental, consequential, or punitive damages; loss of data or profits; personal injury or property damage arising from use of or reliance on Forecast Data or Sponsor Content; any harm arising from surf conditions encountered while using SurfCal; loss arising from any Sponsor Offer including non-fulfilment, inaccuracy, or withdrawal; and unavailability of the Service due to third-party provider failures or events beyond our reasonable control (including internet outages, StormGlass unavailability, and force majeure events).
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law including the ACL.
16. Indemnity
You agree to indemnify, defend, and hold harmless SurfCal, Ariaxis Ventures, and their respective officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to: (a) your use of the Service in breach of these Terms; (b) your violation of any applicable law or third-party rights; or (c) any misrepresentation made by you to SurfCal.
17. App Store Provisions
These Terms are between you and SurfCal only. Apple Inc. and Google LLC are not parties to these Terms and bear no obligations or liability to you regarding the SurfCal app or its content.
Apple App Store users: Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary. In the event of any conflict between these Terms and the Apple Media Services Terms of Service, the Apple Media Services Terms of Service will prevail.
Google Play users: Google LLC has no obligation to provide any maintenance or support for the SurfCal app. In the event of any conflict between these Terms and the Google Play Terms of Service, the Google Play Terms of Service will prevail.
Both Apple and Google are not responsible for investigating, defending, settling, or discharging any third-party claim that the SurfCal app or your possession or use of it infringes any third-party intellectual property right.
18. Termination
By you
You may stop using the Service at any time. To delete your account and personal data, go to Profile → Delete account in the app, or see the account deletion instructions in our Privacy Policy. Cancelling your Subscription does not automatically delete your account.
By SurfCal
We may suspend or terminate your access to the Service at any time, with or without notice: (a) if you breach these Terms; (b) for conduct harmful to the Service or other users; (c) for fraudulent or unlawful activity; or (d) for any other business reason, including service discontinuation, with reasonable notice where practicable.
Effect of termination
On termination, your licence to use the Service ceases immediately. Subscription fees already paid are non-refundable on termination for breach. The following sections survive termination: Section 6 (Forecast Disclaimer), Section 7 (Skill Level Disclaimer), Section 10 (Announcements and Sponsored Content — liability exclusions), Section 12 (Intellectual Property), Section 14 (Disclaimer of Warranties), Section 15 (Limitation of Liability), Section 16 (Indemnity), Section 20 (Governing Law), and Section 21 (General).
19. Changes to the Service and These Terms
We may modify, suspend, or discontinue the Service (or any feature) at any time, with reasonable notice where possible. We may update these Terms at any time. Material changes will be communicated via in-app notification or email before they take effect. Continued use of the Service after the effective date of changes constitutes your acceptance of the updated Terms. If you do not accept updated Terms, stop using the Service and cancel your Subscription.
20. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any dispute arising out of or in connection with these Terms that cannot be resolved informally will be referred to mediation before litigation. Subject to mandatory consumer law provisions, the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
SurfCal may assign or transfer these Terms, or any rights or obligations under them, to a successor entity in connection with a merger, acquisition, or sale of assets, by providing you with reasonable notice. You may not assign these Terms or any rights under them without our prior written consent.
21. General
- Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and SurfCal regarding the Service and supersede all prior agreements.
- Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
- No waiver: Failure to enforce any provision is not a waiver of the right to enforce it in the future.
- Notices: Notices from SurfCal to you will be delivered via in-app notification or to the email address associated with your account. Notices from you to SurfCal must be sent to hello@surfcal.app and are effective on our confirmed receipt.
- Force majeure: SurfCal is not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including internet outages, third-party service unavailability (including StormGlass or Supabase), acts of God, natural disasters, or government actions.
- Contact: hello@surfcal.app