Agreement to Terms
These Terms of Use ("Terms") govern your use of the Tidings app for iPhone, iPad and Apple Watch, including its widgets and complications (the "App"), published by Billie Workers Cooperative ("Billie", "we", "us" or "our"). By installing or using the App you agree to these Terms. If you do not agree, do not use the App.
These Terms, together with our Privacy Policy, form the entire agreement between you and Billie regarding the App.
Description of the App
Tidings shows predicted tides for places on the coast. It runs entirely on your device, needs no account and makes no network connections. Its predictions are calculated on your device from published tide station data. They are not measurements.
Not for Navigation
Tidings is for planning only. Do not use it for navigation or for any purpose where safety depends on the tide.
Tide predictions are estimates. Real water levels differ from predictions because of weather, wind, air pressure, river flow, local features of the coast and the limits of the underlying data. Predictions for places far from a tide station are less certain. For boating, diving, crossing tidal flats or any activity where the tide affects your safety, use official tide tables and nautical charts from your national hydrographic office, check local conditions, and use your own judgement.
Eligibility
The App is not directed at children. If you are under the age of majority where you live, use the App with the involvement of a parent or guardian.
Your Licence to Use the App
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on Apple devices you own or control, as permitted by the App Store's usage rules.
You agree not to:
- Redistribute, resell or sublicense the App
- Reverse engineer or decompile it, except where law expressly permits
- Remove or obscure any attribution or licensing notices
- Use the App to break the law or infringe anyone else's rights
Intellectual Property and Data
The App, including its software, name and design, is owned by Billie Workers Cooperative. These Terms grant you a licence to use the App, not ownership of it.
The map, place, time zone and tide data in the App come from third parties under their own licences, which are credited in the App's About page and on the Tidings page.
App Store Terms
If you got the App from Apple's App Store, Apple's Licensed Application End User License Agreement also applies. These Terms are between you and Billie, not Apple. Apple is not responsible for the App or its content, and has no obligation to provide support or maintenance for it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Updates and Changes
We may update, change or discontinue the App or any of its features at any time. Updates may change how predictions are calculated.
Termination
You may stop using the App at any time by deleting it. We may end your licence to use the App if you materially breach these Terms. Sections that by their nature should survive termination, such as ownership, disclaimers, limitation of liability and dispute resolution, will survive.
Disclaimer of Warranties
The App and its predictions are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the App will be error-free or that its predictions will match real water levels.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. Nothing here limits any consumer guarantee that cannot be excluded by law.
Limitation of Liability
To the fullest extent permitted by law, Billie Workers Cooperative is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss, injury or damage to property, arising out of or relating to your use of or reliance on the App or its predictions.
Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you. Nothing here limits liability that cannot be limited by law.
Indemnification
You agree to indemnify and hold harmless Billie Workers Cooperative from any claims, damages, losses or expenses arising out of your use of the App, your violation of these Terms or your infringement of any third party's rights.
Dispute Resolution and Arbitration
Informal resolution: Before filing any formal dispute, you agree to first contact us at support@billie.coop to try to resolve it informally. We will try to resolve disputes within 30 days.
Binding arbitration: If we cannot resolve a dispute informally, you and Billie agree that any dispute, claim or controversy arising out of or relating to these Terms or the App will be resolved by binding arbitration administered by a mutually agreed arbitration provider, rather than in court. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding.
Class action waiver: YOU AND BILLIE 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 PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
Exceptions: Either party may bring claims in small claims court if the claims qualify. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights.
Opt-out: You may opt out of this arbitration agreement by sending written notice to support@billie.coop within 30 days of first accepting these Terms. Your notice must include your name, email address and a clear statement that you wish to opt out of the arbitration provision.
Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable there, without regard to conflict of law principles. For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in British Columbia, Canada.
General Provisions
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
Waiver: Our failure to enforce any provision of these Terms does not waive that provision or our right to enforce it later.
Assignment: You may not assign or transfer your rights under these Terms. We may assign our rights and obligations without restriction.
Third-party beneficiaries: These Terms create no third-party beneficiary rights, except for Apple as described above.
Changes to These Terms
We may update these Terms from time to time. When we do, we will change the "Last updated" date above. Your continued use of the App after changes take effect means you accept the updated Terms. If you do not agree to them, stop using the App.