Terms of Service — OwlPlot

1. Acceptance of Terms

By agreeing in the App, or by downloading, installing, accessing, or using OwlPlot ("the App"), you agree to be bound by these Terms of Service ("Terms") and acknowledge our Privacy Policy. The App is operated by MaplePlot Inc. (formerly Glucoplate Inc.), a corporation incorporated under the federal laws of Canada (the Canada Business Corporations Act) ("we," "us," or "the Company"). If you do not agree to these Terms, do not use the App.

2. Description of Service

OwlPlot is a mobile application that provides astronomical timing data including sunrise, sunset, golden hour, blue hour, and Milky Way visibility predictions for photography planning purposes. The App uses astronomical algorithms and weather data to generate timing and positioning information. Where a location is on or near the coast, the App also displays modelled sea conditions — wave height, period, wind and, where available, tide — for general interest and planning. It also includes related tools such as weather alerts, aurora and sky events, shot plans and an augmented-reality sky view. The App is currently free to download and use, with no account, no in-app purchases or subscriptions, and no ads. OwlPlot Stacker, our desktop app, has its own terms.

3. Accuracy Disclaimer

OWLPLOT IS INTENDED SOLELY AS A PHOTOGRAPHY PLANNING AID AND ESTIMATION TOOL. Astronomical timing data, sun/moon positions, Milky Way visibility predictions, weather information and sea conditions are approximations and may contain errors due to atmospheric conditions, local terrain, data source limitations, and other factors beyond our control. Wave figures in particular describe open water in a model grid, not the surf at a specific break, and are not a substitute for looking at the sea.

TIMING DATA, POSITIONS, AND PREDICTIONS SHOULD BE INDEPENDENTLY VERIFIED AND MUST NOT BE RELIED UPON AS THE SOLE BASIS FOR TRAVEL, SAFETY, OR NAVIGATION DECISIONS. Weather conditions can change rapidly and may differ from forecasts. You are responsible for your own personal safety when traveling to photography locations. Weather alerts shown in the App come from government services, can be delayed, incomplete or missing, and are not a substitute for official warnings and local authorities.

OwlPlot does not guarantee that conditions will be suitable for photography at any given time or location. Actual conditions may vary significantly from predictions.

4. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

Implied warranties of merchantability
Fitness for a particular purpose
Accuracy, reliability, or completeness of any timing data, positions, or predictions
Uninterrupted, timely, secure, or error-free operation
That results obtained from the App will be accurate or reliable

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLUCOPLATE INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (including but not limited to damages for loss of profits, revenue, data, goodwill, or other intangible losses) arising out of or in connection with:

Your use of or inability to use the App
Inaccurate timing data, positions, predictions, or weather information
Travel to locations based on App predictions
Personal injury, property damage, or other harm during photography outings planned using the App
Loss of data or service interruptions
Any third-party conduct, content, or services

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if the Company has been advised of the possibility of such damages. To the extent the law allows any liability, our total liability is limited to the amount you paid for the App in the 12 months before the claim, or CA$100, whichever is greater. Nothing in these Terms limits rights you have under the consumer protection laws where you live.

6. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless MaplePlot Inc., its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the App; (b) your reliance on any timing data, predictions, or information provided by the App; (c) any travel or activities undertaken based on App data; (d) your violation of these Terms; or (e) your violation of any applicable law or regulation. This doesn't apply to the extent a claim is caused by our own breach or negligence.

7. Assumption of Risk

You acknowledge and agree that outdoor photography involves inherent risks including but not limited to changing weather conditions, difficult terrain, wildlife, and travel hazards. By using the App to plan photography outings, you assume the risks associated with your activities. The App is not a safety tool and should not be used as a substitute for proper planning, safety equipment, or common sense.

Water and surf conditions carry their own risks, and they are greater. The sea information in the App comes from a global numerical model, not from anyone looking at the water. It cannot see the sea floor at a particular break, rip currents, shore dumps, submerged hazards, local wind effects, closures, or conditions changing in the hour after it was computed. Real waves at a given beach are routinely a different size from a modelled figure, and the difference can be large.

Do not use the App to decide whether it is safe to enter the water. Assess conditions in person, heed lifeguards, flags and local warnings, and do not go out beyond your ability. Entering the ocean or any body of water is at your own risk, and you assume that risk.

8. Acceptable Use

You agree not to:

Reverse engineer, decompile, or disassemble the App
Use the App for any unlawful purpose
Abuse or overload our servers or APIs
Scrape, harvest, or extract data from the App for commercial purposes

9. Surf Reports You Send

The App lets you optionally report how big the waves actually looked at a spot, so the App's estimate for that beach can be corrected against what people really see. Sending a report is voluntary, and the App doesn't send one unless you choose to.

A report is stored without an account, a device ID or another identifier that links it to you or to another report. By sending one you grant us a perpetual, irrevocable, royalty-free licence to use it, in aggregate with other reports, to improve the App. Because a stored report doesn't contain an identifier, we generally can't afterwards locate, attribute or withdraw it, and you agree that we need not do so.

You agree to report only what you genuinely observed. Deliberately false reports can degrade the App for others using that beach, and we may discard reports that appear inaccurate or automated.

10. Intellectual Property

The App, including its design, source code, branding, and documentation, is the property of MaplePlot Inc. and is protected by Canadian and international intellectual property laws. Photos and content you create using the App are yours. We don't claim ownership of your content.

11. Apple and Google

These Terms are between you and MaplePlot Inc., not Apple or Google, and Apple and Google are not responsible for the App or its support. If the App doesn't match an applicable warranty, you can tell Apple, which may refund any purchase price under its policies; to the extent the law allows, Apple has no other warranty obligation for it and is not responsible for handling claims about the App. Apple and its subsidiaries are third-party beneficiaries of these Terms. You confirm you are not in a country under a U.S. Government embargo or on a U.S. Government restricted-party list. The App Store's and Google Play's own terms also apply.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms or the App shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, except where the consumer protection laws where you live give you the right to bring a claim in your local courts.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14. Changes to These Terms

We may update these Terms. Changes are posted on this page with a new date, and for a material change we may ask you to agree again in the App. Continued use of the App after changes constitutes acceptance of the revised Terms.

15. Contact

If you have questions about these Terms, please contact us at support@owlplot.com

MaplePlot Inc.
Ontario, Canada