Terms & Conditions

1. Acceptance of Terms

By accessing or using the Lucid Seas application (the "App"), operated by DigiSea Labs LLC ("we," "us," or "our"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, do not access or use the App.

Your continued use of the App after any changes to these Terms constitutes your acceptance of the updated Terms.

You must be at least 18 years old to use the App. If you are between 13 and 17 years old, you may use the App only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

2. Informational Use Only

The App provides estimated ocean, weather, and environmental conditions based on third-party data sources, algorithmic models, and derived scoring logic. All information displayed in the App is for informational purposes only.

The App is not:

• a safety tool or safety device
• a navigation tool or navigational aid
• a substitute for local observation, lifeguards, dive professionals, or certified instructors
• a substitute for official marine forecasts, tide and current data, weather advisories, or marine warnings
• a substitute for your own judgment, experience, or knowledge of local conditions

No color, score, rating, recommendation, or condition estimate displayed in the App constitutes a recommendation, endorsement, or permission to enter the water. You must not rely on the App alone to decide whether conditions are safe.

3. Dynamic Conditions

Ocean, surf, visibility, swell, tide, current, and weather conditions are inherently variable and can change rapidly — including within minutes of a forecast being generated.

• Actual conditions at a specific site may differ materially from the estimates shown in the App
• Spot-specific hazards such as rip currents, marine life, underwater obstructions, or localized weather events may not be reflected
• Data updates may be delayed, temporarily unavailable, or reflect conditions that are no longer current
• Model outputs may not account for rapidly evolving or highly localized conditions

4. Third-Party Data & Modeled Outputs

The App relies on third-party data sources, forecasts, models, and APIs — including Storm Glass and other marine and weather data providers. This data undergoes algorithmic processing, including scoring, interpolation, estimation, and penalty-based adjustments.

Because of the nature of this data pipeline:

• Errors, outages, delays, stale data, missing data, and inaccuracies can and do occur
• Third-party data sources may change, become unavailable, or provide incomplete information without notice
• AI-generated summaries and condition descriptions are produced by machine learning models and may contain errors or omissions

Lucid Seas does not warrant the accuracy, completeness, timeliness, or fitness of any data, forecast, score, rating, or condition estimate for any particular activity or purpose. All scores, ratings, and estimated conditions displayed in the App are modeled and derived outputs — they are not measurements of actual conditions and are not guarantees.

5. User Responsibility

You are solely responsible for your safety and decision-making when engaging in any ocean or water activity. This includes, but is not limited to:

• deciding whether to enter the water based on your own firsthand assessment
• evaluating your own skill level, training, certification, experience, physical condition, and equipment
• checking local conditions at the site before entering the water, including visual observation
• following posted signage, lifeguard instructions, beach advisories, and marine warnings
• consulting official tide tables, marine forecasts, and weather services
• complying with all applicable local, state, and federal laws, closures, and safety regulations

6. Assumption of Risk

Ocean and water activities — including but not limited to snorkeling, swimming, surfing, freediving, scuba diving, boating, paddleboarding, and wading — involve inherent and significant risks, including but not limited to:

• drowning or near-drowning
• hypothermia or heat-related illness
• marine life encounters (stings, bites, contact injuries)
• equipment failure or loss
• strong currents, rip currents, and tidal forces
• wave impact, surf zone injuries, and shallow water injuries
• disorientation, exhaustion, and loss of consciousness
• serious bodily injury or death

By using the App, you acknowledge that you understand these risks and voluntarily assume all risks associated with your participation in ocean and water activities, whether or not those risks are described in this section.

You agree that you rely on any information provided by the App at your own discretion and risk, and that the App and its operators are not responsible for any decisions you make based on its content.

7. No Guarantee of Safety

Lucid Seas does not certify, represent, or guarantee that conditions at any location are safe for any activity or any person.

• No forecast, display, color, score, rating, or condition estimate should be treated as permission, clearance, or assurance of safety
• A favorable or high rating does not mean that conditions are safe for you, your skill level, your equipment, or your planned activity
• You must independently verify conditions before entering the water — every time

You must never rely solely on the App to make safety-critical decisions about whether to enter, remain in, or exit the water.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• implied warranties of merchantability
• fitness for a particular purpose
• non-infringement
• accuracy, reliability, or completeness of data, forecasts, or scores

We do not warrant that:

• the App will be available without interruption or downtime
• forecasts, data feeds, scoring algorithms, or calculations will be accurate or error-free
• the App will meet your expectations, requirements, or safety needs
• defects will be corrected or that the App is free of viruses or other harmful components

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the maximum extent permitted by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGISEA LABS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

• direct, indirect, incidental, special, consequential, exemplary, or punitive damages
• personal injury, property damage, or loss of life
• loss of profits, revenue, data, goodwill, or anticipated savings
• service interruption, computer damage, or system failure
• damages arising from your use of, inability to use, or reliance on the App
• damages arising from any information, content, forecast, score, or estimate provided by the App
• errors, omissions, interruptions, or data unavailability

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50.00).

These limitations apply regardless of the legal theory on which a claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Except where prohibited by law, you agree that you will not bring any claim against us more than one (1) year after the event giving rise to the claim.

10. User-Submitted Content

If the App allows you to submit reports, observations, photos, reviews, or other content, you acknowledge that:

• user-submitted content is unverified and has not been reviewed for accuracy
• such content may be subjective, incomplete, inaccurate, or outdated
• Lucid Seas does not endorse or validate any user-submitted content
• we may remove, edit, or refuse to display any user content at our sole discretion, without notice

By submitting content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute that content in connection with the App. You represent and warrant that you have the right to submit such content and that it does not violate any third party's rights.

You should not rely on user-submitted content for safety-related decisions.

11. Geographic & Coverage Limitations

The App's coverage is incomplete and does not include all coastal or marine locations. Even for covered locations:

• beach closures, water quality advisories, and marine contamination events may not be reflected
• temporary conditions, construction, or access restrictions may not appear
• protected marine areas, fishing restrictions, or other regulated zones may not be identified
• localized hazards, recent incidents, or site-specific dangers may not be included

Always follow posted signage, instructions from local officials and lifeguards, and official marine and weather advisories — regardless of what the App displays.

12. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your information.

13. Subscription & Billing

The App offers paid subscription plans in addition to free features. By subscribing to a paid plan, you agree to the following:

• Auto-Renewal: Subscriptions automatically renew at the end of each billing period until you cancel. You authorize us to charge the applicable subscription fee on a recurring basis.
• Billing: Billing intervals, plan features, and pricing are described in-app at the time of purchase. You are responsible for keeping your payment information current.
• Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period and stop future renewals. You will retain access to paid features until the end of your current billing period.
• Refunds: Fees are generally non-refundable, except as required by applicable law or as expressly stated otherwise.
• Price Changes: We may change subscription prices prospectively. We will provide notice before price changes take effect, and your continued subscription after the change constitutes acceptance.
• Payment Processing: Payments are processed by Stripe. Your use of Stripe is subject to Stripe's terms of service and privacy policy. We do not store your full payment card details.
• Free Tiers & Trials: Free tiers or trial periods may be offered and may convert to paid subscriptions as described in-app. If a trial converts to a paid plan, you will be notified before being charged.

14. Termination & Suspension

We may suspend or terminate your access to the App at any time, with or without notice, for any reason, including but not limited to:

• breach of these Terms
• suspected fraud, misuse, or abuse
• conduct that threatens the security or integrity of the App or its users
• legal or regulatory requirements
• discontinuation of the App or any part of it

Upon termination, your right to use the App ceases immediately. We are not liable for any suspension or discontinuation of the App or your access to it, to the extent permitted by applicable law.

Account data may be deleted following termination, subject to any retention required by law or described in our Privacy Policy.

15. Changes to the App

The App may be modified, updated, suspended, or discontinued at any time without notice. Scoring models, features, data sources, site coverage, and available plans may change over time. We are not obligated to maintain, support, or update any particular feature or functionality.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be indicated by updating the "Last updated" date at the top of this page. For significant changes, we may also provide notice through the App. Your continued use of the App after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

17. Dispute Resolution & Arbitration

Informal Resolution First: Before initiating any formal dispute resolution, you agree to contact us at hello@digisealabs.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration: If the dispute is not resolved informally, you and DigiSea Labs LLC agree to resolve it through final and binding individual arbitration administered under the American Arbitration Association (AAA) Commercial Arbitration Rules. Arbitration will be conducted virtually or, if in-person, in Wake County, North Carolina.

Class Action Waiver: You and DigiSea Labs LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

Jury Trial Waiver: To the fullest extent permitted by law, you and DigiSea Labs LLC waive any right to a jury trial.

Small Claims Exception: Either party may bring an individual claim in small claims court in Wake County, North Carolina, for disputes within that court's jurisdiction (generally claims under $10,000).

Except where prohibited by law, any claim or dispute must be filed within one (1) year after the event giving rise to it, or the claim is permanently barred.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions. For any claims not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Wake County, North Carolina.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20. Entire Agreement

These Terms, together with the Privacy Policy and any subscription or billing terms presented at the time of purchase, constitute the entire agreement between you and DigiSea Labs LLC regarding your use of the App. They supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein.

21. Assignment & Waiver

We may assign or transfer our rights and obligations under these Terms without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or transfer your rights under these Terms without our prior written consent.

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or the right to enforce it in the future. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

22. Contact

For questions or concerns regarding these Terms, contact us at:

hello@digisealabs.com

DigiSea Labs LLC