Terms & Conditions of Use

Last Updated: February 13, 2023

Effective Date: March 15, 2023

Please read these Terms of Use (“Terms”) carefully as they govern your use of (which includes access to) our products and services (including forecasts, webcams, photos, chats and features) available on magicseaweed.com (the “Website”), through our Magicseaweed branded applications (“Application”) or other delivery method (collectively, the “Product(s)” or “Services”). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@magicseaweed.com.  

1. INTRODUCTION

These Terms are a binding contract between you and Wavetrak Limited (“MSW,” “we” and “us”).

Wavetrak Limited

23 Royal William Yard, Unit 28

Plymouth, PL1 3GW, United Kingdom

Company No. 09775003

VAT No. 259935549

Email: support@magicseaweed.com

By signing up for, or otherwise using the Services in any way, you agree to all of these Terms, and these Terms will remain in effect while you use the Services. If you do not agree to these Terms, then you must not use the Services.

Your use of, or participation in, certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”) which will be made available to you prior to such use of, or participation in the Services and are incorporated into these Terms.

You must be an adult of the required legal age and capacity to enter into contracts and use our Services. If you are not, you must be at least 16 years of age and have permission from a parent or guardian to use the Services and your parent or guardian has to agreed to these Terms on your behalf.

These Terms include information about future changes to these Terms, your subscriptions, automatic renewals and limitations of liability. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER AFTER THE EFFECTIVE DATE NOTED ABOVE. 

2. SERVICES PROVIDED BY US

Service Options and Subscriptions

MSW provides certain Services that are available free-of-charge, while access to other Services is only available through a subscription fee-based program, such as MSW Pro (“Paid Subscriptions”). Our free services and Paid Subscriptions are subject to change at any time.

Cooling-off period (UK and EEA customers only). If you are a customer based in the UK or the European Economic Area (“EEA”), you must reach out to us at support@magicseaweed.com no later than 14 days after you receive confirmation that your Paid Subscription order is accepted to exercise any rights of cancellation that you may be afforded under applicable law. For any refunds issued, we will not include the sum payable for the time you were receiving the Services before you reached out to communicate cancellation.

Paid Subscriptions: Auto-Renewal and cancellation. Any Paid Subscription(s) you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate, unless you cancel your Paid Subscription before the end of the subscription period. To change or cancel your Paid Subscription(s) at any time, go to your account settings before the end of the then-current subscription term. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Services. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, MSW WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID IF YOU CANCEL A PAID SUBSCRIPTION.

Free Trials and Promotions. Any free trial or other promotion that provides access to the Services for free or free Paid Subscription must be used within the specified time of the trial. You must stop using a Paid Subscription before the end of the trial period in order to avoid being charged for that Paid Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Subscription, please contact us at support@magicseaweed.com. If you were provided a discount when you initially signed up for a Paid Subscription, that discount only applies to your initial subscription period and your Paid Subscription will be automatically renewed at the full subscription price unless you cancel as set forth above.

Changes to the Services

We’re always trying to improve our Services, so they may change over time. For example:

• The Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
• We may modify, suspend, or stop (permanently or temporarily) providing any part of the Services (including particular functions, features, subscription plans, and promotional offerings);
• We may introduce new features or impose limits on certain features or restrict access to parts or all of the Services
• We may replace the Services with a substantially similar service offering.

We will give you notice when we make a material change to the Services that would adversely affect you. 

If you have prepaid fees directly to MSW for a Paid Subscription that MSW permanently discontinues prior to the end of your Paid Subscription period and you choose not to transfer to an alternative paid subscription service that we or another group company may offer you, you can reach out to Customer Support at support@magicseaweed.com to request a pro-rated refund after such discontinuation. Your account and billing information must be up to date in order for us to refund you.

MSW has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.



Third Party Services

The Services may contain links or connections to third-party websites or services that are not owned or controlled by MSW (“Third Party Services”). When you access Third Party Services, you accept that there are risks in doing so, and that MSW is not responsible for such risks. MSW has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Services or by any third-party that you interact with through the Services. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. We are not responsible for any liability arising from your use of any Third-Party Service.  

Use of Applications

You acknowledge and agree that the availability of our Applications is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Google Play store for Android (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including payment provisions directly through that store, and managing and canceling subscriptions and auto-renewals directly through such platform.

3. YOUR USE OF THE SERVICES

 

Account Creation

You may be required to sign up for an account using your email, select a password and/or user name (“MSW User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not use as your MSW User ID a name or email that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. 

You will not share your MSW User ID, account or password with anyone, and you must protect the security of your MSW User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your MSW User ID and account.

Permitted Use and Restrictions

You will only use the Services you obtain for your own internal, personal use, and not on behalf of or for the benefit of any third party, including without limitation as part of any business, reselling of the Services, or other commercial use. You will not attempt to gain unauthorized API access to Services, scrape data from MSW, or attempt to build derivative products. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services. If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You agree that you will not provide or contribute anything, including any User Submissions (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including MSW);
• violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by MSW;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• jeopardizes the security of your MSW User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network, or cracks any passwords or security encryption codes;
• runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• allows unauthorized API access;
• copies or stores any significant portion of the Content; or
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services, without any refund if you are a Paid Subscriber. 

Billing and Payment

Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Opayo as our Payment Processor for Magicseaweed. You can access Opayo’s Terms of Use at https://www.opayo.co.uk/policies/terms-of-use and their Privacy Policy at https://www.opayo.co.uk/policies/privacy-policy.  We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to purchase Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any such Products in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that MSW may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

Recurring Billing. By signing up for a Paid Subscription, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN SECTION 2 OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.

Price Changes. MSW may from time to time make changes to Paid Subscriptions, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by cancelling the applicable Paid Subscription prior to the price change going into effect.

Updated Information. YOU MUST PROVIDE AND PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.

4. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

 

MSW Content

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, video (including all webcams), API data, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including MSW’s) rights. 

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that MSW owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply. 

User Submissions

Anything you post, upload, share, or otherwise provide through the Services, whether posted before or after the Effective Date of these Terms, are your “User Submissions.” MSW does not claim ownership of your User Submissions and you are free to share User Submissions with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Services, which may include aggregating a collection of images on our photos page and using User Submissions on our affiliate sites like surfline.com. By submitting User Submissions through the Services, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, reproduce, edit, aggregate, modify, run, copy, publicly perform or display, translate, and create derivative works of your User Submissions, in any and all media. This license will continue even after the termination of your MSW account or use of the Services.

You are responsible for all User Submissions you contribute and represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You further agree that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.

United States, Digital Millennium Copyright Act (“DMCA”) Notice

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement.  We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders. 

1. Procedure for Reporting Copyright Infringements.  If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to our Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
2. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
3. Identification of works or materials being infringed;
4. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that MSW is capable of finding and verifying its existence;
5. Contact information about the notifier including address, telephone number and, if available, email address;
6. A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
7. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. 
8. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.  Upon receipt of a proper notice of copyright infringement, we reserve the right to:
9. remove or disable access to the infringing material;
10. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
11. terminate such content provider’s access to the Services if he or she is a repeat offender. 
12. Procedure to Supply a Counter-Notice to the Designated Agent.  If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
13. A physical or electronic signature of the content provider;
14. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
15. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
16. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Designated Agent, MSW may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that MSW may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at MSW’s discretion.   

Please contact our Designated Agent at the following address: 

Thibault Patent Group PO Box 722112 San Diego, CA  92172 Attn: Thomas Thibault Email: tom@thibaultpatentgroup.com

5. ENDING SERVICES

 

Suspension/Termination of Services

These Terms will continue to apply to you until terminated by either you or MSW. MSW may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Services at any time if we believe you have breached any of these Terms, if we stop providing the Services or any material component thereof, or as we believe necessary to comply with applicable law. If you or MSW terminate these Terms, or if MSW suspends your access to the Services, you agree that MSW shall have no liability or responsibility to you, and (except as expressly provided in these Terms) MSW will not refund any amounts that you have already paid. Subject to any limitations set forth in these Terms, You may terminate these Terms at any time, in which case you may not continue accessing or using the Services. To learn how to terminate your MSW account, please contact Customer Support.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or license to intellectual property rights, and terms regarding disputes between us.  

6. LIABILITY

 

We are not responsible for delays outside our control. If our supply of our Services is delayed by an event outside our control and not otherwise contemplated under these Terms, we will try to contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Support Team: support@magicseaweed.com to end any Paid Subscriptions and receive a refund for any Services you have paid for in advance, but not received, less reasonable costs we have already incurred.

WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR SERVICES OR PRODUCTS

Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section 'We are not responsible for delays outside our control' above.
• Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
• A business loss. Our Services are not permitted to be used for the purposes of your trade, craft or profession.

Our liability is limited.Our total aggregate liability for claim that we have failed to provide the Services or for poor-performance of the Services (including negligence and breach of these terms) shall be limited to a sum equal to the price paid for the Services in the 12-month period preceding the events giving rise to the claim.

Losses we never limit or exclude. Nothing in these Terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation;
• breach of the terms implied certain consumer laws which we are not permitted to exclude;
• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

CERTAIN JURISDICTIONS, INCLUDING JURISDICTIONS IN THE EUROPEAN UNION AND UK, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

7. RESOLVING DISPUTES WITH US

 

Resolving disputes without going to court: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without parties having to go to court. If you a customer based in the EEA and you are not happy with how MSW handles any complaint, you are entitled to submit the dispute for online resolution to the European Commission Online Dispute Resolution platform: here.

You can go to court:These Terms are governed by and will be construed under the laws of the country where you reside. In the event you bring legal proceedings in respect of these Terms in the courts of the country in which you reside, you will benefit from any mandatory provisions of the law of the jurisdiction in which you are a resident. For example, if you live in England, you can bring claims against us in the English courts and if you live in California, you can bring claims against us in the courts of the State of California.

8. ABOUT THESE TERMS

 

Transfer

MSW may transfer our contract with you, so that another organization is responsible for supplying the Services or Products or similar services. We'll tell you in writing if this happens and we'll try to ensure that the transfer won't materially affect your rights under the contract. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

Changes

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We will give you at least one month's notice of any changes or additions via email or by placing a notice on our Website and Applications. We will post any modified Terms on our Website and Applications and change the “Effective Date” above so you know when the new terms took effect.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.  If the changes cause you an adverse effect, you are entitled to cancel any Paid Subscription by reaching out to Customer Support at support@magicseaweed.com and we will refund you for any payments you've made in advance for Services not received under a Paid Subscription.

Other important terms

If any provision of these Terms is found to be unenforceable or invalid by a court or other authority, the rest of it will still apply. Even if we delay in enforcing any rights under these Terms, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.