These Terms of Service ("Terms") are a legal agreement between you and VIZIATO LLC, a limited liability company organized under the laws of Florida ("Viziato," "we," "us"), covering your use of the MarCast apps for Apple platforms (including iOS, iPadOS, and, if released, tvOS versions), their forecasts, and related services (together, the "Service"). By downloading or using MarCast, you agree to these Terms. If you do not agree, do not use the Service.
Eligibility. You must be at least 13 years old (or the equivalent minimum age in your jurisdiction) to use the Service. If you are under the age of majority where you live, you may use the Service only if a parent or guardian agrees to these Terms on your behalf, and any purchase requires their consent.
MarCast provides estimated forecasts of ocean and underwater visibility. Forecasts are predictions generated by a computer model from third-party environmental data. They can be — and sometimes will be — wrong.
To the maximum extent permitted by law, Viziato accepts no liability for injury, death, or loss arising from reliance on MarCast forecasts in connection with diving, boating, swimming, or any other in-water or on-water activity.
MarCast displays visibility forecasts, maps, tide and environmental information, and dive-site information for ocean locations. Forecasts are produced by Viziato's proprietary machine-learning model using publicly licensed environmental data (see Section 7). Some features require an active subscription (Section 4). The Service requires an internet connection to download current forecast datasets; content may be unavailable, delayed, or inaccurate at any time.
We grant you a limited, non-exclusive, non-transferable, revocable license to install and use MarCast on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service, for your personal use or your own internal business use (for example, a dive professional checking conditions in the course of their work).
Except for the license above, Viziato and its licensors retain all rights, title, and interest in the Service, including the app, its design, the visibility model, and the forecasts it generates. You may not copy, sell, redistribute, scrape, reverse engineer, or systematically extract the app, the forecasts, or the data behind them, except where applicable law permits despite this restriction.
Third-party components carve-out. The app bundles certain third-party data and software that remain under their own licenses and are not claimed as Viziato's property, including OpenStreetMap-derived map data (Open Database License 1.0), GeoNames place data (CC BY 4.0), Noto Sans fonts (SIL Open Font License 1.1), and other open-source libraries. Nothing in these Terms restricts rights granted to you by those licenses. See Section 7 and the in-app Data Sources & Licenses screen.
Parts of MarCast (the "Visibility Model Pro" features) require a paid auto-renewing subscription purchased through Apple's in-app purchase system.
You agree not to: (a) use the Service unlawfully; (b) interfere with, overload, or disrupt the Service or its servers; (c) access the Service by automated means (bots, scrapers) or resell, republish, or bulk-redistribute forecasts; (d) misrepresent MarCast output as official government forecasts or as endorsed by any data provider; or (e) circumvent subscription requirements.
If you grant permission, MarCast uses your device's location on your device only, to show your position on the map. Your location is never sent to Viziato's servers: forecast data is downloaded as a complete regional dataset — the same for every user — not requested for particular places, and readings are computed on your device. Location permission is optional and can be revoked anytime in iOS Settings. See the Privacy Policy for details.
MarCast's forecasts are derived from environmental data provided by third parties, including the E.U. Copernicus Marine Service, ECMWF, CNES/AVISO (FES tidal model), GEBCO, HydroSHEDS/HydroATLAS (© WWF), and other government and scientific sources, and the app includes OpenStreetMap, GeoNames, Natural Earth, and other openly licensed data and open-source software. Required notices, credits, license links, and disclaimers for these sources appear on the Data Sources & Licenses screen in the app (Settings > About), which is part of these Terms by reference. These providers supply data "as is," are not responsible for how MarCast uses it, and do not endorse MarCast or Viziato.
THE SERVICE, INCLUDING ALL FORECASTS, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIZIATO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT FORECASTS WILL BE ACCURATE, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT UNDERLYING DATA FEEDS WILL REMAIN AVAILABLE. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) VIZIATO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM RELIANCE ON FORECASTS OR FROM DIVING, BOATING, OR OTHER ACTIVITIES UNDERTAKEN USING THE SERVICE; AND (b) VIZIATO'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID VIZIATO (THROUGH APPLE) FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR FIFTY U.S. DOLLARS (US$50), WHICHEVER IS GREATER. Some jurisdictions do not allow certain liability limitations, so some of the above may not apply to you. Nothing in these Terms excludes liability that cannot be excluded by law.
You agree to indemnify and hold harmless Viziato and its members, officers, and contractors from claims, damages, and expenses (including reasonable attorneys' fees) arising from your misuse of the Service or violation of these Terms.
You may stop using MarCast at any time. We may suspend or terminate your access if you materially violate these Terms, and we may discontinue the Service or any feature. If we discontinue the Service or materially reduce paid features during a period you have already paid for, we will either continue providing the paid features through the end of that period or ensure you receive a pro-rata refund through Apple. Sections 1, 3 (ownership), 7, 8, 9, 10, 12, and 13 survive termination.
These Terms are between you and Viziato only — not with Apple Inc. ("Apple"). Additionally:
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Pinellas County, Florida, and both parties consent to their jurisdiction, except that either party may bring qualifying claims in small-claims court, and nothing limits mandatory consumer protections of the place where you live.
We may update these Terms from time to time (for example, when features change). We will post the updated Terms in the app and/or at viziato.io with an updated effective date. Material changes take effect only prospectively, after reasonable advance notice in the app. If you do not agree to a material change, your remedy is to stop using the Service and cancel any subscription before the change takes effect; continued use after the effective date constitutes acceptance.
VIZIATO LLC 1970 Marlington Way, Clearwater, FL 33763 Email: info@viziato.io Web: https://viziato.io