Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the ONDA app or website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Service.

2. Description of Service

ONDA is an AI-powered surf forecasting application that provides:

• Real-time surf conditions, forecasts, and personalized recommendations
• Wave, wind, tide, weather, and water-temperature data
• Live video streams from surf locations and on-demand replays
• A community feed for sharing posts, photos, videos, and session logs with other surfers, with multiple visibility tiers
• Following, friends, blocks, and crew lists for connecting with other surfers
• Session tracking and a personal Session Journal
• Push notifications for spots you favorite
• AI-assisted features such as profile-avatar generation and content safety review

3. User Accounts and Registration

By creating an account or submitting your phone number, you consent to receive SMS messages as described in our Privacy Policy.

To use certain features of our Service, you may be required to create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

4. Acceptable Use & Community Guidelines

ONDA is built around surf, the surf community, and the spots we ride. To keep it that way, you agree to use the Services only for personal, non-commercial purposes and in compliance with applicable law.

You may not use ONDA to:

• Violate any law or regulation
• Infringe the rights of others, including intellectual property and privacy rights
• Post or share content that is sexually explicit, sexually suggestive, or pornographic
• Post or share content that is harassing, threatening, or that targets, intimidates, or demeans individuals or groups based on race, ethnicity, gender, sexual orientation, religion, or any other protected characteristic
• Post or share content depicting or promoting violence, self-harm, or illegal activity
• Post or share content involving minors in any sexualized or otherwise unsafe context
• Post content that is unrelated to surfing, surf culture, surf locations, or the local surf community
• Impersonate another person, claim a false identity, or misrepresent your physical location when streaming
• Spam, advertise, or solicit through posts, comments, profiles, or messages
• Attempt to gain unauthorized access to our systems, interfere with the Service, or scrape data from the Service
• Use the Service for commercial purposes without our written consent
• Record, download, or republish video content from the Service outside ONDA's built-in sharing features

We may, at our discretion, hide, remove, or restrict content that violates these guidelines, and may suspend or terminate the accounts of users who repeatedly or seriously violate them. See Section 9 (Content Moderation & Reporting) for how we enforce these guidelines.

5. Video Streaming Services

5.1 Live Streams and Video Content

ONDA provides live video streams from various surf locations, as well as video replays and on-demand footage ("Video Content"). This Video Content is provided for informational and entertainment purposes and should not be solely relied upon for assessing surf conditions or safety.

5.2 Video Content Licensing and Distribution

All Video Content displayed on the Service is owned by or licensed to Onda Sports, Inc. We may distribute, broadcast, or publish Video Content on third-party platforms, including but not limited to YouTube, Instagram, TikTok, and other social media or video-sharing services. By viewing Video Content on our Service, you acknowledge and agree that such content may also appear on these third-party platforms.

5.3 Appearance in Video Content

Our live streams and video footage capture public spaces, including beaches, surf breaks, and surrounding areas. Individuals appearing in this footage have not necessarily consented to being filmed. ONDA relies on the legal principle that there is no expectation of privacy in public spaces when capturing and distributing this content.

If you believe you appear in Video Content and have concerns, you may contact us at support@getonda.ai. While we are generally under no legal obligation to remove footage captured in public spaces, we will review requests in good faith.

6. Streamer Terms and Conditions

6.1 Eligibility

To stream content on the ONDA platform, you must be at least eighteen (18) years of age. By streaming on ONDA, you represent and warrant that you meet this age requirement. We reserve the right to request verification of age at any time and to terminate streaming privileges if this requirement is not met.

6.2 Streamer Responsibilities

If you are authorized to stream content on ONDA, whether as a paid contractor or through any future community streaming program, you agree to:

• Comply with all applicable laws and regulations while streaming
• Stream only from safe, legal locations where you have permission to be
• Stream only from the surf break the system has verified you are physically near — ONDA confirms your location before each live stream begins, and streams started from outside that area are blocked
• Not stream content that is illegal, harmful, obscene, or violates the rights of others
• Not stream content that endangers yourself or others
• Not include minors as the primary subject of your streams without parental consent
• Maintain the quality and reliability of your streams as reasonably expected
• Follow all guidelines and instructions provided by ONDA

6.3 Content License Grant

By streaming content on ONDA, you grant Onda Sports, Inc. a perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your streamed content in any media formats and through any media channels, including third-party platforms such as YouTube, Instagram, TikTok, and other social media or distribution channels. This license includes the right to:

• Create and distribute video replays and on-demand content from your streams
• Edit, compile, or combine your content with other content
• Use your content for promotional and marketing purposes
• Sublicense these rights to third parties
• Monetize your content through advertising, subscriptions, or other means

6.4 Streamer Representations

By streaming on ONDA, you confirm that:

• You are streaming from a location where you are legally permitted to film
• You will not intentionally include copyrighted material (such as music, broadcasts, or signage) in your streams
• You will not use streams to harass, stalk, or target specific individuals
• You are complying with applicable laws
• The information you provide to ONDA is accurate

6.5 Paid Streamer Relationships

Streamers who are compensated by ONDA operate as independent contractors and not as employees. Compensation terms are governed by separate agreements between ONDA and each paid streamer. Nothing in these Terms creates an employment relationship, partnership, or joint venture between ONDA and any streamer.

6.6 Community Streaming (Future Feature)

ONDA may in the future offer community streaming features that allow approved users to stream content. Such features, when available, will be subject to additional terms and an approval process. ONDA reserves the right to approve, deny, or revoke streaming privileges at its sole discretion.

7. Surf Safety and Disclaimers

IMPORTANT SAFETY NOTICE: Surfing involves inherent risks and dangers. You acknowledge that:

• Ocean conditions can change rapidly and unpredictably
• Our forecasts are estimates based on available data and may not be accurate
• Video streams and footage may not reflect current real-time conditions due to delays, technical issues, or timing
• You are solely responsible for assessing surf conditions and your own safety
• You should never surf alone and always inform others of your plans
• You assume all risks associated with surfing activities
• Video Content should not be your sole source of information when making decisions about entering the water

8. User Content

8.1 Visibility Tiers

When you post on ONDA — text, photos, video, or session logs — you choose who can see it:

• Public — visible to all users on ONDA and, if you enable resharing for the post, accessible through a web link anyone can open.
• Followers — visible only to users who follow you.
• Friends — visible only to users with whom you mutually follow.
• Crew — visible only to members of your invite-only audience list.
• Private — visible only to you in your own profile and Session Journal.

For posts that are not Public, you can also choose whether viewers in your audience can share the post's web link with people outside that audience. You can change a post's visibility, edit its caption, or delete it entirely at any time.

8.2 Ownership and License

You retain ownership of the content you post. By posting on ONDA, you grant Onda Sports, Inc. a worldwide, royalty-free, sublicensable license to host, store, reproduce, display, distribute, and remove your content as needed to operate the Service — within the audience you have selected. You can revoke this license at any time by deleting the content.

8.3 Profile Content

Your display name, handle, profile photo, and bio are visible to all users. You agree that your profile content will follow the Community Guidelines in Section 4. We may block, hide, or reset profile content that violates these guidelines.

8.4 Live Stream Content

Section 5 governs how Live Streams (and the replays ONDA creates from them) are licensed and distributed. Section 6 governs streamer-specific obligations.

9. Content Moderation & Reporting

To keep ONDA focused on surf and safe for everyone:

• Posts, comments, photos, and video content pass through automated review systems that look for content that violates the Community Guidelines in Section 4.
• You can report any post or comment from inside the app. Reports are reviewed by our moderation team. When a meaningful number of reports accumulate against the same content, that content is sent to admin review.
• If we hide or remove your content, we will email you with the category of issue. You can reply to that email to appeal the decision.
• Severe or repeated violations of the Community Guidelines may result in temporary or permanent loss of posting and streaming privileges, account suspension, or account termination, at our sole discretion.

Decisions to hide, remove, or restrict content are made at ONDA's discretion. Hiding or removing a post does not affect ONDA's rights or obligations to other users with respect to that content.

10. Recommendations & Forecasts

ONDA provides AI-powered forecasts, surf suggestions, and personalized recommendations. These are generated based on models, user behavior, and external data sources. We do not guarantee accuracy or availability of surf conditions and recommend you use local knowledge and judgment before paddling out.

ONDA is not liable for decisions you make based on app content (e.g., travel, surf conditions, injuries).

11. Data Sources and Accuracy

Our forecasts utilize data from NOAA and the Coastal Data Information Program (CDIP) at Scripps Institution of Oceanography. While we strive for accuracy, we cannot guarantee that all information is current, complete, or error-free. Weather and ocean conditions are inherently unpredictable.

12. Intellectual Property

The Service and its content, including but not limited to text, graphics, images, logos, software, and Video Content, are owned by Onda Sports, Inc. and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

Video Content, including live streams, replays, and on-demand footage, is the exclusive property of Onda Sports, Inc. You may share Video Content using ONDA's built-in sharing features, but unauthorized recording, downloading, or republication of Video Content outside these features is prohibited.

13. Privacy and Data Collection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to our data practices as described in the Privacy Policy.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONDA SPORTS, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING VIDEO CONTENT AND STREAMING SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ONDA IS NOT RESPONSIBLE FOR ANY INJURIES, DAMAGES, OR LOSSES RESULTING FROM DECISIONS MADE BASED ON VIDEO CONTENT, INCLUDING BUT NOT LIMITED TO DECISIONS TO ENTER THE WATER OR TRAVEL TO SURF LOCATIONS.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

VIDEO CONTENT, INCLUDING LIVE STREAMS, MAY BE SUBJECT TO DELAYS, INTERRUPTIONS, OR TECHNICAL ISSUES. WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, OR QUALITY OF ANY VIDEO CONTENT.

16. Indemnification

You agree to indemnify, defend, and hold harmless Onda Sports, Inc. and its officers, directors, employees, and agents from any claims, losses, damages, or expenses arising out of your use of the Service, violation of these Terms, or infringement of any rights of another.

If you are a streamer, you agree to indemnify ONDA against claims arising from your violation of these Terms, such as intentionally streaming copyrighted material or using streams to harass individuals.

17. Account Deletion & Termination

You can delete your account at any time via Settings → Delete Account in the app. Deletion removes your account and the personal content tied to it, including your posts, comments, likes, follows, blocks, crew memberships, observations, and stored video. Some content may persist briefly during cleanup or where retention is required for legal, security, or moderation purposes.

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice — including for violations of these Terms or the Community Guidelines. Upon termination, your right to use the Service will cease immediately.

For streamers, termination of streaming privileges does not affect ONDA's license to previously streamed content, which shall survive termination.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of California.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or through the app. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Contact Information

If you have any questions about these Terms of Service, please contact us at support@getonda.ai.