Coming soon - Mareel Earth is in private development. The API is live, but accounts are not open yet. Early access: [email protected]

End User Licence Agreement (EULA)

Last updated: EFFECTIVE_DATE

This End User Licence Agreement ("EULA") sets out the terms on which you may use the Mareel Waters mobile applications for iOS and Android (each, the "App").

Status of the apps and relationship to Apple's standard terms

The Mareel Waters iOS and Android Apps are planned and not yet released. We publish this EULA now so that it is in place and ready when the Apps ship. Until an App is generally available, the current Mareel Waters product is the tides API and developer portal delivered via the web at https://mareelearth.com, which is governed by our Terms of Service and Privacy Policy rather than by this EULA. When an App is released, this EULA governs your use of that App.

For the iOS App, Apple's standard Licensed Application End User Licence Agreement applies, except as supplemented or replaced by the terms of this EULA. Where this EULA is silent, Apple's Licensed Application End User Licence Agreement (available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) applies. Where this EULA addresses a point, the terms of this EULA apply to the extent they are at least as protective of the end user and consistent with the Platform's rules. In this EULA, "Platform" means the Apple App Store or Google Play, as applicable, and "we", "us" and "our" mean LEGAL_ENTITY.

1. Acknowledgement

You acknowledge and agree that:

  • This EULA is concluded between you and [[LEGAL_ENTITY]] only, and not with Apple or Google. Apple and Google are not parties to this EULA.
  • [[LEGAL_ENTITY]] (the developer), and not Apple or Google, is solely responsible for the App and its content. Neither Apple nor Google has any obligation whatsoever to furnish any maintenance or support services in respect of the App.
  • The App is licensed, not sold, to you for use only under the terms of this EULA.

2. Scope of licence

Subject to your compliance with this EULA, we grant you a personal, non-exclusive, non-transferable, revocable licence to use the App as follows:

  • For the iOS App, you may use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, save that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where those features are available.
  • For the Android App, you may install and use the App on devices that you own or control, in accordance with the Google Play Terms of Service and the usage rules that apply to your account.

The licence does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, sublicense, copy (except as expressly permitted by this licence and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part of it, except to the extent such restriction is prohibited by applicable law or permitted by the Platform's terms.

3. Maintenance and support

[[LEGAL_ENTITY]] is solely responsible for providing any maintenance and support services in respect of the App, as may be required under applicable law or as we specify, and at the contact details below. Apple and Google have no obligation whatsoever to furnish any maintenance and support services in respect of the App.

We provide support for the App on a reasonable-efforts basis via [email protected]. We do not commit to any service level, response time, or guaranteed availability in this EULA. The App depends on our tides API, which we operate on a self-hosted basis behind a Cloudflare edge, and on the availability of your device, your network, and the Platform.

4. Warranty

To the extent permitted by applicable law, [[LEGAL_ENTITY]] is solely responsible for any product warranties, whether express or implied by law, that are not effectively disclaimed.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Apple and LEGAL_ENTITY, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of [[LEGAL_ENTITY]].

Nothing in this EULA limits or excludes any statutory rights you may have as a Consumer under mandatory law, including under EU and Swedish consumer-protection law, which cannot be excluded or limited by agreement.

5. Product claims

[[LEGAL_ENTITY]], and not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to:

  • product-liability claims;
  • any claim that the App fails to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer-protection, privacy, or similar legislation, including in connection with the App's use of any in-app purchase framework.

This EULA does not limit our liability beyond what is permitted under applicable Swedish and EU law.

Important safety notice - NOT FOR NAVIGATION OR SAFETY OF LIFE AT SEA. The tide values, tidal datums, and (when released) marine-forecast values that the App produces are modelled estimates derived from harmonic and numerical models. They are provided "AS IS" and must not be used as the sole basis for navigation, marine, safety-critical, or life-critical decisions. Real water levels can exceed the Highest Astronomical Tide (HAT) or fall below the Lowest Astronomical Tide (LAT) under the influence of weather, atmospheric pressure, wind, and storm surge. Modelled datums are not official Chart Datum unless explicitly sourced from a hydrographic office and identified as such. You are responsible for using official, authoritative sources for any navigation or safety-of-life purpose. This product claim and the responsibility for it rest with [[LEGAL_ENTITY]], not with Apple or Google.

6. Intellectual property

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, [[LEGAL_ENTITY]], and not Apple or Google, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual-property infringement claim, to the extent required by this EULA.

The App, the underlying tides and forecast models, the API, our Documentation, and all related intellectual property are and remain the property of LEGAL_ENTITY and our licensors. No rights are granted to you other than the limited licence expressly set out in this EULA. The App incorporates and relies on third-party data sources that require attribution; the applicable credits and licence notices are published on our Attribution and Disclaimers page, and you must not remove or obscure any attribution presented in or alongside the App.

7. Legal compliance

You represent and warrant that:

  • you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
  • you are not listed on any U.S. Government list of prohibited or restricted parties.

You also agree to comply with all applicable local, national, and international laws, rules, and regulations that apply to your use of the App, including export-control and sanctions laws and any laws of Sweden and the European Union that apply to you.

8. Developer name and contact

The developer of the App is:

Any questions, complaints, or claims with respect to the App should be directed to the contact details above.

9. Third-party terms

You must comply with all applicable third-party terms of agreement when using the App. This includes, in particular:

  • for the iOS App, the Apple Media Services Terms and Conditions and the Usage Rules referenced in section 2; and
  • for the Android App, the Google Play Terms of Service.

You acknowledge and agree that the relevant third party has the right (and is deemed to have accepted the right) to enforce those third-party terms against you as a third-party beneficiary of them.

10. Third-party beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.

11. Billing and subscriptions (channel-aware)

Access to paid features of the App and of the Mareel Waters service may be sold through more than one channel:

  • Web (Stripe). Subscriptions and Plans may be purchased on the web at https://mareelearth.com, where Stripe acts as our payment processor. We do not store your card or primary account number (PAN). Web billing is governed by our Terms of Service.
  • In-app purchase (where offered). Where we offer purchases or subscriptions through the App, those transactions are processed by the Platform (Apple's In-App Purchase or Google Play Billing) and are governed by the Platform's rules, including its rules on pricing, billing, renewals, refunds, and cancellation. The Platform, and not LEGAL_ENTITY, manages the payment and any refund for in-app purchases, subject to the Platform's policies.

Plans and prices are described on our pricing page at https://mareelearth.com/pricing. Where the same account can be accessed across web and App, the entitlements you receive depend on the channel through which you purchased and on the applicable Platform rules. You can manage or cancel a Platform subscription through your Platform account settings; you can manage a web subscription through your Account or via [email protected].

In line with Platform requirements, you can request deletion of your Account and associated data from within the App, and a web deletion path is also available, as described on our Account & Data Deletion page. Details of how we handle your Personal Data are set out in our Privacy Policy.

12. Relationship to our Terms of Service and Privacy Policy

This EULA supplements, and should be read together with, the Mareel Waters [Terms of Service](/legal/terms) and [Privacy Policy](/legal/privacy), which are available at https://mareelearth.com. Your use of the underlying Mareel Waters API and Account remains subject to the Terms of Service. Our processing of your Personal Data, including the lawful basis, your rights as a Data Subject under the GDPR, our use of Stripe, Resend, and Cloudflare as subprocessors, and our account-deletion process, is described in the Privacy Policy. In the event of a conflict between this EULA and the Terms of Service in relation to use of the App, this EULA prevails for the App-specific matters set out above; the Terms of Service otherwise continues to apply.

This EULA is governed by Sweden, and the courts of the courts of Sweden, with Stockholm District Court (Stockholms tingsratt) as court of first instance have jurisdiction, without prejudice to any mandatory consumer-protection rights you have under the law of your country of residence.

---

*This page is general information about the terms on which the App is licensed and is not legal advice. See also our Terms of Service, Privacy Policy, and Attribution and Disclaimers pages.*

Last updated: EFFECTIVE_DATE