TERMS OF SERVICE FOR CHOPWATCH
Last Updated: January 2025
PLEASE READ THESE TERMS CAREFULLY BEFORE USING CHOPWATCH
1. ACCEPTANCE OF TERMS
By downloading, installing, creating an account, or using ChopWatch ("the app"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the app.
These Terms constitute a legally binding agreement between you and Vitora ("we", "us", "our").
2. ACCOUNT REGISTRATION
2.1 Account Creation
To use ChopWatch, you must create an account using:
- Email and password, OR
- Apple Sign In
You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of unauthorized access
- Be responsible for all activities under your account
2.2 Account Requirements
- You must be at least 13 years of age
- You must have legal capacity to enter into contracts
- One account per user
- Accounts are non-transferable
2.3 Account Termination
We may suspend or terminate your account if:
- You violate these Terms
- You provide false information
- Your account is inactive for an extended period
- Required by law
You may delete your account at any time through the app settings.
3. SUBSCRIPTION TERMS (IMPORTANT - PLEASE READ)
3.1 Subscription Plans
ChopWatch offers the following auto-renewing subscription plans:
- MONTHLY SUBSCRIPTION: $7.99 per month
- ANNUAL SUBSCRIPTION: $79.99 per year (save 17% vs. monthly)
3.2 Free Trial
Currently, NO FREE TRIAL is offered. Payment is charged immediately upon subscription.
3.3 Auto-Renewal (IMPORTANT)
- Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
- Your Apple account will be charged for renewal within 24 hours prior to the end of the current period
- The renewal charge will be the same price as your original subscription
- Subscriptions renew at the same tier (Monthly remains Monthly, Annual remains Annual)
3.4 Payment Processing
- All payments are processed through Apple In-App Purchases
- Payment will be charged to your Apple ID account
- Apple handles all billing and payment card information
- We do NOT have access to your payment card details
3.5 Subscription Management
To manage or cancel your subscription:
- Open iOS Settings
- Tap your name at the top
- Tap "Subscriptions"
- Select ChopWatch
- Tap "Cancel Subscription"
Alternatively: App Store app → Account icon → Subscriptions → ChopWatch
3.6 Cancellation Policy
- You may cancel your subscription at any time
- Cancellation takes effect at the end of the current billing period
- You will retain access until the end of the paid period
- No partial refunds for unused time in the current period
- After cancellation, you will lose access to premium features when the period ends
3.7 Price Changes
- Subscription prices may change with 30 days' notice
- Existing subscribers will be notified before price changes take effect
- Price changes apply to new billing cycles after notification
- You may cancel if you do not agree to price increases
3.8 Subscription Benefits
Active subscribers receive access to:
- Marine weather data & forecasts
- Wind, wave & tide information
- Coastal inlet condition reports
- Boating condition insights
- Navigation reference guides
- Unlimited location searches
- All current and future premium features
3.9 Subscription Limitations
- Subscriptions are for personal, non-commercial use
- One subscription covers one Apple ID
- Family Sharing may be available (subject to Apple's policies)
- Subscriptions are non-transferable between accounts
4. REFUND POLICY
4.1 Apple's Refund Policy Applies
All purchases are subject to Apple's refund policy. We do not directly process refunds.
To request a refund:
- Go to reportaproblem.apple.com
- Sign in with your Apple ID
- Find your ChopWatch purchase
- Follow Apple's refund request process
Refunds are at Apple's sole discretion.
4.2 Refund Exceptions
Refunds are typically NOT granted for:
- Change of mind after purchase
- Failure to cancel before renewal
- Unused portion of subscription period
- Dissatisfaction with app features
4.3 Our Support
If you experience technical issues before requesting a refund:
- Contact us at info@vitora.io
- We will work to resolve issues promptly
- Many problems can be fixed without requiring a refund
5. DESCRIPTION OF SERVICE
ChopWatch is a marine weather and navigation assistance application that provides:
- Marine weather conditions and forecasts
- Marine condition analysis and insights
- Inlet conditions and tidal information
- Location-based marine intelligence
- Boating condition reports
- Navigation reference information
6. INTENDED USE AND LIMITATIONS
6.1 Informational Purpose Only
ChopWatch is designed for EDUCATIONAL, INFORMATIONAL, AND PLANNING PURPOSES ONLY. The app provides weather information and boating insights but does NOT replace:
- Professional marine training and experience
- Official NOAA weather forecasts and advisories
- Local knowledge and current conditions assessment
- Sound nautical judgment and seamanship
- Required safety equipment and procedures
- Licensed marine navigation systems
6.2 Not a Certified Navigation System
ChopWatch is NOT a certified marine navigation system and must not be used as the primary or sole navigation tool for vessel operation. Always use certified marine navigation equipment.
6.3 Not Professional Advice
The app does not provide professional maritime, meteorological, or navigational advice. Consult qualified professionals for critical decisions.
7. USER RESPONSIBILITIES
7.1 Captain's Responsibility
Each boat captain is SOLELY AND ENTIRELY RESPONSIBLE for:
- The safety of their vessel, crew, and passengers
- All navigation decisions
- Verifying weather and marine conditions before departure
- Compliance with all maritime regulations and laws
- Maintaining proper safety equipment
- Monitoring conditions throughout their voyage
- Making the final decision to go out or stay in port
7.2 Weather Verification Required
Users must:
- Check official NOAA forecasts and marine warnings before every trip
- Verify current conditions independently
- Monitor weather changes continuously during voyage
- Follow all marine advisories, warnings, and restrictions
- Use multiple information sources for critical decisions
- Never rely solely on ChopWatch for safety decisions
8. DISCLAIMERS AND WARNINGS (CRITICAL SECTION)
8.1 Data Accuracy Disclaimer
- Weather data is sourced from third parties (NOAA, Stormglass, Google)
- Marine conditions can change RAPIDLY and UNPREDICTABLY
- Forecasts may be inaccurate, delayed, or unavailable
- Location data may not be 100% accurate
- Internet connectivity is required for real-time data
- Service interruptions may occur without warning
8.2 Critical Safety Warnings
- Weather conditions can deteriorate RAPIDLY and WITHOUT WARNING
- Inlet conditions can become LIFE-THREATENING in minutes
- Marine environments are INHERENTLY DANGEROUS and UNPREDICTABLE
- Equipment and technology CAN and DO FAIL
- Cell service may be unavailable offshore
- Battery life may be insufficient for extended trips
8.3 NO WARRANTY (IMPORTANT)
THE APP AND ALL INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Accuracy, completeness, or timeliness of weather data
- Reliability of forecasts or predictions
- Availability of service or features
- Fitness for any particular purpose
- Merchantability
- Non-infringement
- Uninterrupted or error-free operation
9. LIMITATION OF LIABILITY (CRITICAL SECTION)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
9.1 No Liability for Damages
THE DEVELOPERS, OWNERS, OPERATORS, EMPLOYEES, AGENTS, AND AFFILIATES OF CHOPWATCH SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR:
- Personal injury, death, or loss of life
- Property damage or vessel loss
- Capsizing, grounding, or collision
- Rescue costs or emergency expenses
- Economic losses or financial damages
- Lost profits or business interruption
- Consequential, incidental, indirect, special, or punitive damages
- Damages resulting from use of or reliance on the app
9.2 Maximum Liability Cap
In jurisdictions that do not allow the exclusion of liability, our total liability to you for all claims shall not exceed the amount you paid for the subscription in the 12 months preceding the claim, or $50, whichever is less.
9.3 Assumption of Risk
BY USING CHOPWATCH, YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:
- Marine activities carry INHERENT and SERIOUS RISKS including injury and death
- You VOLUNTARILY ASSUME ALL RISKS associated with using the app
- You will NOT hold the app, its developers, or any related parties liable
- Weather and marine conditions are UNPREDICTABLE and DANGEROUS
- Technology can and does FAIL at critical moments
- You are SOLELY RESPONSIBLE for your safety decisions
10. INTELLECTUAL PROPERTY
ChopWatch, including all content, features, functionality, software code, design, graphics, and user interfaces, is owned by Vitora and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may NOT:
- Copy, modify, or create derivative works of the app
- Reverse engineer, decompile, or disassemble the app
- Remove copyright, trademark, or other proprietary notices
- Use the app for commercial purposes without written permission
- Transfer your account or license to another person
11. PROHIBITED USES
You agree NOT to use ChopWatch:
- For any illegal purpose or in violation of any laws
- As a certified navigation system
- For commercial operations without additional authorization
- To harass, harm, or threaten others
- To attempt to breach security measures
- As the sole source of marine weather or navigation information
12. TERMINATION
We reserve the right to suspend or terminate your access immediately, without notice, for:
- Violation of these Terms
- Fraudulent activity or payment issues
- Abusive or harmful behavior
- Legal or regulatory requirements
- Security concerns
13. MODIFICATIONS TO SERVICE AND TERMS
We reserve the right to:
- Modify or discontinue features at any time
- Change subscription pricing with notice
- Update app functionality
These Terms may be updated periodically. You will be notified of material changes through in-app notification or email. Continued use after changes constitutes acceptance.
14. GEOGRAPHIC LIMITATIONS
ChopWatch is designed and optimized for North American coastal and inland waters, primarily the United States. Functionality, data accuracy, and features may be limited outside this region.
15. AGE RESTRICTIONS
ChopWatch is intended for users 13 years of age or older. Users under 13 are prohibited from creating accounts. Users between 13 and 18 should use the app under adult supervision.
16. DISPUTE RESOLUTION
16.1 Governing Law
These Terms are governed by the laws of the United States.
16.2 Arbitration Agreement
YOU AND VITORA AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT.
16.3 Class Action Waiver
YOU AND VITORA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
17. APPLE-SPECIFIC TERMS
You acknowledge that these Terms are between you and Vitora only, not with Apple. Apple is not responsible for the app or its content. Vitora is solely responsible for providing maintenance, support, and addressing any claims relating to ChopWatch.
18. CONTACT INFORMATION
For questions about these Terms:
Email: info@vitora.io
Support: info@vitora.io
App Name: ChopWatch App
Developer: Vitora
Website: vitora.io
19. ACKNOWLEDGMENT AND ACCEPTANCE
BY CREATING AN ACCOUNT, SUBSCRIBING, OR USING CHOPWATCH, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
- You have read and understand all disclaimers and liability limitations
- You accept all risks associated with marine activities and app use
- You will not rely solely on ChopWatch for navigation or safety decisions
- You understand the app's limitations
- You are solely responsible for your safety
- You accept the subscription terms including auto-renewal
- You agree to binding arbitration and waive class action rights
MARINE SAFETY REMINDER: ChopWatch is a TOOL, not a substitute for knowledge, experience, and good judgment. Always prioritize safety. When in doubt, stay in port. No trip is worth risking lives.
STAY SAFE ON THE WATER.
END OF TERMS OF SERVICE