Terms of Use

1. About these terms

Beachy ("the App") is provided by Flynn Interactive ("we", "us", "our"), based in Western Australia, Australia (ABN 42 508 722 053). These Terms of Use ("Terms") apply to your use of the App and supplement Apple's Licensed Application End User Licence Agreement (the "Standard EULA", apple.com/legal/internet-services/itunes/dev/stdeula), which also applies to your licence to use the App. Where these Terms and the Standard EULA address the same subject, these Terms add to it; where the Standard EULA grants you stronger rights, that grant prevails. By downloading or using the App you agree to these Terms. If you do not agree, do not use the App.

2. The App

Beachy presents weather, marine, tide, surf, UV, sun/moon and fishing-activity information for coastal locations, drawn from third-party data providers and from calculations performed on your device. It is an information and planning tool for general use.

3. Licence

The App is licensed, not sold, to you under the Standard EULA. The App and its original content are owned by Flynn Interactive and protected by copyright and other laws. You must not copy, modify, reverse-engineer, redistribute or create derivative works of the App except as the Standard EULA or applicable law permits.

4. Not a safety device — weather and marine safety

THE APP IS NOT A SAFETY DEVICE AND IS NOT A SUBSTITUTE FOR OFFICIAL WARNINGS OR PROFESSIONAL JUDGEMENT. You must not rely on the App alone for any decision that affects your safety or the safety of others.

In particular:

1. Forecasts, tides, swell, surf ratings, UV levels and fishing windows are estimates and model-derived predictions. They can be inaccurate or out of date, and actual conditions can change rapidly and without warning.
2. Tide times and heights shown in the App are real tide-station predictions supplied by third parties. They are provided for general information, are not guaranteed, and are not official tide predictions for navigation.
3. Before entering the water or undertaking any coastal, boating, swimming, surfing, diving or fishing activity, check official sources.
4. The App does not issue, and must not be relied on for, emergency or severe-weather warnings.

5. Forecast accuracy and third-party data

Weather and marine data are supplied by third parties and processed by us. We do not control, generate or independently verify that data and do not warrant its accuracy, completeness, timeliness or fitness for any purpose. Third-party data is provided under the licences described in the App's attributions/NOTICES; those providers do not endorse the App or your use of it.

6. Acceptable use

You agree not to: use the App unlawfully; interfere with or disrupt the App or its data sources; attempt to extract, scrape, resell or redistribute the underlying data feeds; or circumvent any technical limits or security measures. You are responsible for any data or connectivity charges incurred through your use.

7. Availability and changes

We may update, change, suspend or discontinue the App or any feature or data source at any time, including to comply with our data providers' terms. We are not liable to you for any such change, suspension or discontinuation.

8. Intellectual property

"Beachy", the Beachy app icon and our original designs are the property of Flynn Interactive. Third-party names referenced in the App (for example data providers and standards bodies) are the property of their respective owners and are used for attribution only.

9. Your rights under the Australian Consumer Law

Nothing in these Terms or the Standard EULA excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other law and that cannot lawfully be excluded or limited. If the App comes with such a guarantee, and we fail to meet it, then to the extent the law allows, our liability for failing to meet a guarantee (other than a guarantee that the law does not permit us to limit) is limited, at our option, to re-supplying the App or paying the cost of re-supply.

10. Limitation of liability

Subject to clause 9, and to the maximum extent permitted by law: the App is provided "as is" and "as available"; we exclude all implied warranties; and we are not liable for any indirect, incidental, special or consequential loss, or for any loss arising from your reliance on information in the App, however caused. The Standard EULA's limitations of liability also apply.

11. Privacy

Our handling of personal information is described in the Beachy Privacy Policy.

12. Changes to these Terms

We may update these Terms from time to time. The "last updated" date shows the current version. Material changes will be reflected in an App update. Continuing to use the App after changes take effect means you accept them.

13. Governing law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Western Australia. (Your licence to the App under Apple's Standard EULA remains governed by the law stated in that agreement.)

14. Contact

Get in touch via our Support & feedback page.