Terms of Service (Pre-2.0)

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 and forecasts
• Wave, wind, tide, and weather data
• Live video streams of surf locations
• Video replays and on-demand surf footage
• Community features for connecting with other surfers
• Session tracking and recommendations
• AI-powered surf companion and personalized insights

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

Onda is designed to help you discover and track great surf conditions. You agree to use the Services only for personal, non-commercial purposes and in compliance with all applicable laws.

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use the Service for commercial purposes without our consent
• Record, download, or republish video content from the Service outside of Onda's built-in sharing features

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 legal@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
• 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

You may be able to post or share content (e.g., surf session notes, chat messages, ratings). You retain ownership of your content, but by posting, you grant Onda a worldwide, royalty-free license to use, display, and distribute that content in connection with the Services.

We reserve the right to remove content that violates these Terms or is harmful to other users.

9. 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).

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. 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.

17. 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.

18. 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.

19. 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.