Terms of Service (API Terms)

Last updated: EFFECTIVE_DATE

> This page is general information about the terms on which we provide the Mareel Waters API. It is not legal advice. If you need advice on how these terms apply to you, please consult a qualified lawyer.

1. Parties and acceptance

These Terms of Service ("Terms") form a binding agreement between you ("you", "your", or the "Customer") and LEGAL_ENTITY, a business operated from Sweden with registered address REGISTERED_ADDRESS, organisation number ORG_NUMBER and VAT number VAT_NUMBER ("we", "us", "our", or the "Provider").

These Terms govern your Account, your licence to use the API, your acceptable use of the Service, billing, intellectual property, disclaimers, and our respective liabilities. They also fold in the consumer right of withdrawal and refund terms that apply where you are a Consumer.

You accept these Terms when you do any of the following, whichever happens first:

create an Account;
generate or use an API Key; or
otherwise access or call the API.

If you do not agree to these Terms, do not create an Account and do not use the API.

If you accept these Terms on behalf of an organisation (for example a company or other legal entity), you represent and warrant that you have the authority to bind that organisation, and "you" and "Customer" refer to that organisation. If you do not have that authority, you must not accept these Terms or use the API on the organisation's behalf.

These Terms incorporate by reference our Acceptable Use Policy, our Privacy Policy, our Data Processing Agreement (DPA), our Attribution and Disclaimers page, and, where the Service is accessed through an app, our End User Licence Agreement (EULA). Where these Terms conflict with the Acceptable Use Policy on a matter of permitted use, these Terms prevail unless the other document expressly states otherwise.

2. Definitions

In these Terms, capitalised terms have the meanings below. Where a term is also defined in our Privacy Policy or DPA, it has the same meaning across all of those documents.

API: the Mareel Waters application programming interface made available at the `/v1` paths under https://mareelearth.com, together with any successor or versioned interface we make available.
Endpoint: an individual addressable operation of the API (for example a tide-height, tidal-extremes, station or datum operation).
API Key: a credential we issue that authenticates calls made under your Account. We store API Keys in hashed form (sha256) and cannot recover the original value.
Account: the registered account you create with an email address and a password (which we store using bcrypt password hashing) in order to manage API Keys, Plans and Usage.
Plan / Tier: the free or paid subscription level that determines your quotas, rate limits and features, as described on the Pricing page.
Usage: your calls to the API and your consumption of quota and rate limits under your Plan.
Usage Event: a record we store for each API call describing the Endpoint, the HTTP status, the timestamp, the request latitude and longitude, and the computed cost. A Usage Event does not store your IP address and does not store a user-agent string.
Documentation: the technical documentation, reference material and developer guides we publish for the API.
Output: the data values returned by the API in response to your requests across all products - tide heights, tidal extremes, station information and computed (non-official) datums (Tides); marine water-state values (Waters); weather values (Heavens); and, when launched, terrestrial data (Lands). Output consists of modelled estimates and derived values.
Customer: the person or organisation that has accepted these Terms.
Consumer: a Customer who is a natural person acting wholly or mainly outside that person's trade, business, craft or profession.
Controller: the party that determines the purposes and means of processing Personal Data, as defined in the GDPR.
Processor: a party that processes Personal Data on behalf of a Controller, as defined in the GDPR.
Subprocessor: a processor engaged by us to process Personal Data in connection with the Service.
Personal Data: information relating to an identified or identifiable natural person, as defined in the GDPR.
Data Subject: the individual to whom Personal Data relates.
Standard Contractual Clauses (SCCs): the standard data protection clauses adopted by the European Commission for transfers of Personal Data to third countries.
Data Privacy Framework (DPF): the EU-US Data Privacy Framework and its UK and Swiss extensions, where applicable to a Subprocessor.
HAT (Highest Astronomical Tide): the highest tidal level predicted to occur under average meteorological conditions and any combination of astronomical conditions.
LAT (Lowest Astronomical Tide): the lowest tidal level predicted to occur under average meteorological conditions and any combination of astronomical conditions.
Chart Datum: the reference level to which official charted depths and tidal heights are referred. Output is not Chart Datum unless a value is explicitly sourced from a hydrographic office and labelled as such.
Platform (Apple App Store / Google Play): the third-party app distribution platforms through which we may, when our apps are released, distribute a client application.
Authentication Cookie (signed JWT): the single essential cookie, containing a signed JSON Web Token, that we use to keep you logged in to the web portal. We do not use a server-side session and we do not use tracking cookies.
Self-hosted: our infrastructure is operated on our own server rather than on a third-party managed hosting platform.
Edge (Cloudflare): Cloudflare, which provides our public edge, including content delivery, tunnelling, web application firewall and bot management.

3. Service description and status

The Mareel Waters API is a single, multi-product API served under the `/v1` paths. One Account and one Plan grant access, through the same API Key, to every product your Plan includes. The products are:

Tides (live) - tide heights, tidal extremes (high and low waters), station information and computed (non-official) tidal datums, synthesized from a tidal model we hold and run on our own infrastructure.
Waters (live) - marine water-state forecast: waves and swell partitions, wind, surface currents, sea-surface temperature and depth.
Heavens (live) - global weather: temperature, wind, cloud, precipitation and related fields.
Lands (planned, not yet available) - terrestrial Earth-observation data.

A key distinction runs through these Terms: Tides is computed from a model we hold and run ourselves, whereas Waters, Heavens and Lands are derived from third-party open data sources. This affects what we commit to for each product - see section 14 (Service commitments).

Computed datums are derived from a tidal model and are returned with a flag indicating that they are not official. In the API response such datums carry `official: false`. You must not represent computed datums as official chart datum or as values sourced from a hydrographic office.

Native iOS and Android applications are planned and not yet available. Clauses in these Terms that refer to the apps, or to any planned product, are included so that they are ready at launch but have no effect until the relevant product is made available. We do not commit to any timeline for releasing planned products and may change, add, remove or cancel products.

The Service is delivered as a web-accessible API. We host the Service ourselves (Self-hosted) and use Cloudflare as our Edge for content delivery, tunnelling, web application firewall and bot management.

4. API licence grant

Subject to your compliance with these Terms and your Plan limits, we grant you a limited, non-exclusive, non-transferable, revocable and non-sublicensable licence to:

call the API using your API Keys; and
use, reproduce and display the Output within your own application, product or internal systems in order to provide functionality to your own end users.

This licence is conditional on your continued compliance with these Terms, your payment of any applicable fees, and your staying within the quotas and rate limits of your Plan. All rights not expressly granted to you are reserved by us.

5. Restrictions

You must not, and must not permit any third party to:

perform bulk extraction of, or systematically download, the raw underlying dataset, or redistribute that dataset in whole or in substantial part;
resell, sublicense or otherwise make the Output available as a standalone dataset, data feed or data product that competes with the API;
use the API or the Output to build, train or populate a competing tides dataset, tide-prediction service or equivalent product;
scrape, crawl or harvest the Service, or access the API other than through the documented interfaces and your own API Keys;
reverse engineer, decompile or disassemble the API, the software behind it, or our models, except to the extent this restriction is prohibited by mandatory law;
remove, obscure or alter any attribution, notice or flag (including the `official: false` flag and any third-party data-source attribution); or
circumvent, disable or interfere with quotas, rate limits, security features or usage-measurement of the Service.

These restrictions are in addition to the rules set out in our Acceptable Use Policy, which is incorporated by reference. Caching and storing Output as reasonably necessary to operate your own application is permitted, provided you do not thereby create a redistributable or competing dataset.

6. Accounts and API keys

To use the API you must create an Account and generate one or more API Keys.

Confidentiality. API Keys are confidential. You must keep them secret and must not embed them in public client-side code, public repositories or other places where they can be extracted.
Responsibility. You are responsible for all activity that occurs under your Account and your API Keys, whether or not authorised by you, except to the extent caused by our breach of these Terms.
Compromise and rotation. If you believe an API Key has been disclosed, lost or compromised, you must rotate (revoke and reissue) it without undue delay and notify us at [email protected] if there is a security concern affecting the Service.
No sharing. You must not share, sell or transfer API Keys to any third party, and must not allow others to access the API through your Account except as your own end users via your application.
Account security. You are responsible for maintaining the confidentiality of your Account credentials. We store passwords using bcrypt password hashing and never store them in plain text.
Authentication. Access to the web portal uses a single essential Authentication Cookie containing a signed JWT to keep you logged in. We do not use a server-side session for this purpose and we do not set tracking cookies. See our Privacy Policy for details.

7. Plans, usage limits and rate limiting

We offer a free Tier and one or more paid Tiers. The features, quotas and rate limits of each Plan are described on the Pricing page. These Terms are pricing-agnostic and the Pricing page governs the specific limits and prices in force from time to time.

Quotas and rate limits. Each Plan is subject to usage quotas and request rate limits. We may enforce these by returning errors (for example HTTP 429), throttling requests, or queuing requests.
Measurement. We measure your Usage by recording Usage Events as defined above. Usage Events record the Endpoint, HTTP status, timestamp, request latitude and longitude and computed cost, and do not record your IP address or a user-agent string.
Overage. Where your Usage exceeds your Plan's quota, we may throttle or refuse further requests for the period, or, where your Plan expressly supports it, apply overage handling as described on the Pricing page. We will not charge overage fees that are not described on the Pricing page or otherwise agreed with you.
Changes to limits. We may adjust quotas, rate limits and technical thresholds to protect the stability and security of the Service. Where a change materially reduces the limits of a paid Plan you are on, we will give you reasonable prior notice.

8. Acceptable use

Your use of the API is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. The Acceptable Use Policy describes prohibited conduct, including conduct that threatens the security, integrity or availability of the Service, infringes the rights of others, or breaches applicable law. A breach of the Acceptable Use Policy is a breach of these Terms.

9. Fees, billing and taxes

Fees for paid Plans are set out on the Pricing page. The following billing terms are channel-aware: the channel through which you purchase governs how billing, renewal, refunds and cancellation work.

Web billing (Stripe). Where you purchase a paid Plan through our website, billing is handled by Stripe, our payment processor. You provide your payment details directly to Stripe. We do not store your card number or primary account number (PAN) or other full payment-instrument data; we receive only limited information needed to manage your subscription (for example a token, the result of a charge, and billing metadata).

Taxes. Prices are stated exclusive of VAT and other applicable taxes unless otherwise indicated. We will charge VAT or other taxes where required, consistent with our VAT status under VAT_NUMBER. You are responsible for any taxes that are your legal responsibility. Where you are a business in the EU outside Sweden, the reverse-charge mechanism may apply where the conditions are met.
Auto-renewal. Paid subscriptions renew automatically at the end of each billing period at the then-current price for your Plan, unless you cancel before the renewal date. You can cancel renewal from your Account.
Price changes. We may change prices. For an existing paid subscription, we will give you reasonable prior notice of a price change before it takes effect on renewal, and you may cancel before the change takes effect if you do not accept it.
Availability of Plans. Some paid Plans may not be purchasable until their prices have been configured. Where a Plan is not yet available for purchase, the free Tier and any available paid Tiers remain in effect.

In-app purchase (when available). Where, in future, a paid Plan or feature is offered for purchase through the Apple App Store or Google Play, that purchase is governed by the rules of the relevant Platform. For in-app purchases, the purchase channel governs billing, renewal, refunds and cancellation: charges are made by the Platform, renewals are managed in your Platform account, and refunds and cancellations are handled according to the Platform's policies, not through us.

10. Consumer withdrawal and refunds

This section applies only where you are a Consumer. If you are acting in the course of a trade, business, craft or profession, this section does not apply to you and the billing terms in section 9 govern.

Right of withdrawal. As a Consumer entering into a distance contract, you have the right to withdraw from your subscription within 14 days without giving any reason. The withdrawal period expires 14 days after the day the contract is concluded.
How to withdraw. To exercise the right of withdrawal, you must inform us at [email protected] of your decision by a clear statement (for example, an email). You may, but do not have to, use the model wording below. To meet the withdrawal deadline, it is sufficient that you send your communication before the 14-day period has expired.
Model withdrawal instructions. *"I/We hereby give notice that I/We withdraw from my/our contract for the supply of the following service: [Mareel Waters Plan]. Ordered on [date]. Name of consumer: [your name]. Address of consumer: [your address]. Date: [date]."*
Digital-services exception and prior express consent. The API is a digital service supplied without a tangible medium. If you ask us to begin providing the service during the 14-day withdrawal period, we will ask for your prior express consent to begin performance and your acknowledgement that you lose the right of withdrawal once the service has been fully performed. Where you have given that consent and acknowledgement and the service has been fully performed, you lose the right of withdrawal. Where performance has begun at your request but is not yet complete and you then withdraw, you must pay an amount proportionate to the service provided up to the point of withdrawal. We will provide confirmation of your consent and acknowledgement on a durable medium.
Effect of withdrawal and refunds. If you validly withdraw, we will reimburse all payments received from you, subject to the proportionate-payment rule above where performance had begun at your request. We will make the reimbursement without undue delay and no later than 14 days after we are informed of your decision to withdraw, using the same means of payment you used for the initial transaction unless you have expressly agreed otherwise, and you will not incur any fees as a result of the reimbursement.
Subscription cancellation. Separately from the right of withdrawal, you may cancel auto-renewal of a subscription at any time from your Account, with effect from the end of the current billing period. Cancellation stops future renewals; it does not by itself trigger a refund for the current period except where the right of withdrawal or mandatory law requires one.

Where you purchased through the Apple App Store or Google Play, refunds and cancellations are handled by the relevant Platform under its policies, as described in section 9.

11. Suspension and termination

We may suspend, throttle or terminate your access to the Service, in whole or in part, where:

you materially breach these Terms or the Acceptable Use Policy and, where the breach is capable of cure, fail to cure it within a reasonable period after notice;
you fail to pay fees when due;
your Account or API Keys present a security risk, are compromised, or are being used abusively or fraudulently;
it is necessary to protect the security, integrity or availability of the Service or other customers; or
we are required to do so by law or by a competent authority.

Where practicable and lawful, we will give you notice before suspension or termination, but we may act immediately where there is an urgent security, legal or abuse concern.

You may terminate by cancelling your subscription and ceasing to use the API. Effect of termination: on termination your API Keys are revoked, your licence under section 4 ends, and you must stop calling the API. Sections that by their nature should survive termination - including Definitions, Restrictions, Intellectual property, Warranty disclaimer, the safety disclaimer, Limitation of liability, Indemnity, Data protection, Governing law, and the general provisions - survive termination.

12. Intellectual property

As between you and us, we retain all intellectual property rights in and to the API, the software, the models, the Output as a whole, the Documentation and all related materials. No rights are granted to you other than the limited licence expressly set out in section 4.

You retain all intellectual property rights in your own application, products and content, excluding the API and Output and any of our underlying materials.

Feedback. If you give us feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback to operate and improve the Service, without obligation or attribution to you.

13. Third-party data attribution and licence pass-through

The Output is derived in part from third-party data sources that carry their own attribution requirements and licence terms. You must comply with those requirements when you use the Output, including displaying any required attribution in your application where the underlying data is used.

For the live tides API, this includes the FES2022 tide product and the attributions required by AVISO and the other sources we rely on. The exact required attribution strings, licences and identifiers are listed on our Attribution and Disclaimers page, which is incorporated by reference. As further data sources are added (for example for forecast, water-state and datum products), additional attribution and licence terms will apply and will be listed on that page. Some sources prohibit use for navigation and require that you indicate where you have modified the data; you must observe those conditions. In particular, where the Output is derived from the E.U. Copernicus Marine Service (parts of the Waters product), you must reproduce the acknowledgement "Generated using E.U. Copernicus Marine Service Information" together with the relevant product identifiers, and you must keep, and make available to us on reasonable request, records tracing your use of that data; this obligation passes on to anyone to whom you in turn make the Output available.

If you fail to comply with an upstream attribution or licence requirement, we may suspend your access until you do, and you are responsible for any resulting third-party claim under section 17.

14. Service commitments and warranty disclaimer

What we commit to (within our control). We provide no formal, credited service-level agreement, but for as long as you hold an active Plan we commit, on a reasonable-efforts basis, to the following:

Availability. We aim for high availability of our serving infrastructure. Any availability figure we publish is a *target*, not a guarantee, and carries no service credits or penalties.
Freshness. For each live product we re-compute and publish on the cadence described in the Documentation, provided the relevant upstream sources are themselves publishing normally.
Honesty and provenance. We do not fabricate values: where a source does not cover a location or time, the value is returned as null; each response reports its data age and the source(s) behind it; and we serve only data we are licensed to redistribute.
Interface stability. We version the API and will not make a breaking change to a served version without the notice and, where practicable, the migration path described in section 22.

Product-specific commitments differ by how much we control the underlying data:

Tides (data we own and run). Tides are synthesized from a tidal model we hold and run on our own infrastructure, with no per-request dependency on any live third-party feed. For Tides we additionally commit to *continuity* (the product does not depend on a third-party source remaining available), *reproducibility* (the same request returns the same result over time), and *validated quality* (we validate Tides against independent tide-gauge observations and publish the result in our Documentation).
Waters, Heavens and Lands (data we source). These products are derived from third-party open data (for example ECMWF, NOAA, DWD and Copernicus). We do not guarantee that any source remains available, nor the accuracy, completeness or continuity of sourced data. A source becoming unavailable, changing or being removed is not a breach of these Terms (see sections 22 and 24), and we may add, substitute or remove sources at any time. Where a product blends several sources, the loss of one source typically degrades resolution rather than removing the product, but we do not guarantee this.

Warranty disclaimer. Subject to the commitments above, the Service, the API and the Output are provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied or statutory, to the maximum extent permitted by law.

The Output consists of modelled estimates. We do not warrant that the Output is accurate, complete, current, reliable or fit for any particular purpose.
We do not warrant that the Service will be uninterrupted, error-free or secure, or that defects will be corrected.
We provide no service-level agreement (SLA) with service credits or penalties, and no binding uptime, availability or response-time guarantee - only the reasonable-efforts commitments stated above.

Nothing in this section limits warranties or rights that cannot be excluded under mandatory law, including mandatory consumer-protection law.

15. Not for navigation or safety of life at sea

The Output must not be used for navigation or for safety-of-life-at-sea purposes.

Tides, tidal currents, tidal datums and marine forecasts provided through the Service are modelled estimates provided "AS IS" with no warranty. They must not be the sole basis for navigation, 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 meteorological conditions such as storm surge, atmospheric pressure and wind, and actual conditions may differ materially from the modelled Output.

Values returned by the Service are not official Chart Datum and are not official tidal predictions unless a value is explicitly sourced from a hydrographic office and labelled as such. Computed datums are flagged `official: false`. For navigation and any safety-critical activity, you must rely on official charts, official tide tables and notices issued by the competent hydrographic office or authority.

You are responsible for ensuring that your application does not present the Output in a way that invites end users to rely on it for navigation or safety-critical decisions, and for displaying an equivalent warning to your end users where appropriate.

16. Limitation of liability

Nothing in these Terms limits or excludes either party's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any other liability that cannot be limited or excluded under mandatory law, including mandatory consumer-protection law.

Subject to the paragraph above, and to the maximum extent permitted by law:

neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill, data, or anticipated savings, however caused and whether or not foreseeable; and
our total aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of (a) the total fees you paid to us for the Service in the twelve (12) months immediately before the event giving rise to the liability, or (b) one hundred euros (EUR 100).

This allocation of risk reflects the fact that the Output consists of modelled estimates provided AS IS and that fees are set on that basis. Where you are a Consumer, this section does not reduce your rights below what mandatory consumer-protection law requires.

17. Indemnity

You will indemnify, defend and hold harmless LEGAL_ENTITY and its personnel against any claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:

your use of the Service or the Output;
your application, products or content, including any claim that they infringe a third party's rights;
your breach of these Terms or the Acceptable Use Policy; or
your breach of any third-party data-source attribution or licence terms referred to in section 13.

This section does not apply to the extent a claim arises from our own breach of these Terms or our wilful misconduct, and, where you are a Consumer, applies only to the extent permitted by mandatory consumer-protection law.

18. Prohibited child-directed use and COPPA pass-through

The Service is intended for developers and businesses and is not directed to children. You must not use the API in a service that is directed to children, or to knowingly collect personal information from children under 13, unless you have independently established and maintained your own compliance with the US Children's Online Privacy Protection Act (COPPA) and any equivalent requirements that apply to you (including, in the EEA, the age-of-consent rules under the GDPR). We do not provide COPPA compliance on your behalf, and responsibility for any child-directed use of your application rests entirely with you.

19. Security

We apply reasonable technical and organisational measures appropriate to the nature of the Service, including:

bcrypt password hashing for Account passwords;
sha256-hashed API Keys (we store only the hash and cannot recover the original key);
hashing of emailed tokens used for actions such as verification and password reset;
TLS encryption in transit;
no storage of card or PAN data (card payments are handled by Stripe); and
IP hashing for our cookieless web and marketing analytics, so that we do not retain raw IP addresses there.

We do not claim SOC 2, ISO 27001 or PCI DSS certification, encryption-at-rest guarantees, or any uptime or availability service level. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

20. Data protection and role allocation

Our processing of Personal Data is described in our Privacy Policy and, where you transmit Personal Data through the API, our Data Processing Agreement (DPA), both incorporated by reference.

We are the Controller for the Personal Data we determine the purposes and means of, including your Account data, billing data and Usage data.
We may act as a Processor for any Personal Data that you, as Controller, transmit to us through the API. The API is designed to receive coordinates and times, which are generally not Personal Data; where you nonetheless transmit Personal Data, the DPA governs that processing, including the use of any Subprocessors, the Standard Contractual Clauses (SCCs) or Data Privacy Framework (DPF) for any relevant transfers, and the allocation of responsibilities between us as Processor and you as Controller.

Our Subprocessors for the operation of the Service include Stripe (payments), Resend (transactional email) and Cloudflare (Edge, including content delivery, web application firewall and bot management). We do not use Google Analytics or any third-party analytics processor; our web and marketing analytics are first-party and cookieless.

21. Platform and app provisions

These provisions apply where you access the Service through a client application distributed by a Platform (the Apple App Store or Google Play). Our apps are planned and not yet released; these provisions take effect when an app is made available.

The terms and policies of the relevant Platform also apply to your download and use of the app, in addition to these Terms.
Use of the app is governed by our End User Licence Agreement (EULA). Where the app is obtained from the Apple App Store, Apple Inc. and its subsidiaries are third-party beneficiaries of that EULA and have the right to enforce it against you.
Where required by a Platform, the app will provide the ability to delete your Account from within the app. A web deletion route is available now as described in our Account & Data Deletion page.

22. Changes to these Terms, API versioning and deprecation

We may update these Terms from time to time. Where a change is material, we will give reasonable prior notice by notice in the developer portal (and, where we hold a current email address for you, we may also email you) before it takes effect. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. Where you are a Consumer and a change materially affects your rights, you may cancel before the change takes effect.

We version the API. We may introduce new versions of the API and, in time, deprecate older versions or individual Endpoints. Where we deprecate a version or an Endpoint in a way that materially affects you, we will give reasonable prior notice and, where practicable, a migration path, so that you can update your integration.

Interruption versus discontinuation. A temporary interruption or degradation of a sourced product - including where an upstream data source fails, changes or is withdrawn without notice to us - is an availability matter governed by section 14 (Service commitments) and section 24 (force majeure), not a discontinuation. We do not, and cannot, give advance notice of an event outside our knowledge or control; in such a case we will use reasonable efforts to restore the product or substitute the source, and the Output reflects the gap honestly (values are returned as null rather than stale).

Discontinuation means our own decision to permanently retire a product or the Service. Where we make that decision for a live product you are actively using, or for the Service as a whole, we will give at least 90 days prior notice from the date of our decision and, for a paid Plan, refund the pro-rata portion of any prepaid fees covering the period after discontinuation. That refund is your sole remedy for a discontinuation. For the avoidance of doubt, this notice period concerns only our own decision to discontinue; it is not a guarantee that data will be available or delivered during the notice period or at any other time - the availability of sourced data is always subject to sections 14 and 24.

23. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by Sweden, without regard to its conflict-of-laws rules. The courts of the courts of Sweden, with Stockholm District Court (Stockholms tingsratt) as court of first instance have jurisdiction, subject to any mandatory rules that give you a different competent court.

Consumer carve-out. If you are a Consumer resident in the EEA, this choice of law and jurisdiction does not deprive you of the protection of the mandatory consumer-protection provisions of the law of your country of residence, and you may also be able to bring proceedings in the courts of your place of residence. The EU Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.

24. General provisions

Force majeure. Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, civil unrest, labour disputes, failures of telecommunications or internet providers, failures of upstream data sources, and acts of government or regulators.
Data sources. The Output for our sourced products (Waters, Heavens and, when launched, Lands) is derived from third-party data providers. We may add, change, substitute or remove data sources at any time. The unavailability, deprecation or change of any third-party data source is not a breach of these Terms; our commitments and disclaimers for sourced data are set out in section 14.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you; where you are a Consumer, any such assignment will not reduce your rights.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, or severed, and the remaining provisions remain in full force.
Waiver. A failure or delay in enforcing any provision is not a waiver of it.
Entire agreement. These Terms, together with the documents they incorporate by reference (the Acceptable Use Policy, Privacy Policy, DPA, Attribution and Disclaimers, and, where applicable, the EULA), constitute the entire agreement between you and us regarding the Service and supersede any prior understanding on that subject. This does not exclude liability for fraud or fraudulent misrepresentation.
Notices. We may give notices to you by email to your Account address or by posting in the developer portal. You may give notices to us at [email protected].
Contact. For questions about these Terms, contact us at [email protected]. For support, contact [email protected]. For privacy matters, contact [email protected] or [email protected].

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