These Terms of Use ("Terms") govern your use of the Wave Whisperer™ application ("Wave Whisperer," the "App"), owned and operated by In the Moment Technology LLC ("Company," "we," "us"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
Wave Whisperer retrieves publicly available ocean buoy data from NOAA's National Data Buoy Center (NDBC) and the Coastal Data Information Program (CDIP, Scripps Institution of Oceanography) and presents it for informational purposes, including current readings, 24-hour comparisons, and history you choose to save. NOAA/NDBC and CDIP are the data sources; the data is publicly available and is not proprietary to the Company.
Wave Whisperer offers a one-time, non-consumable in-app purchase that unlocks full use of the App (the "Lifetime Unlock"). It is a single payment, not a subscription — there is no auto-renewal and nothing recurring to cancel.
All purchases are processed by the store you bought through — Apple (App Store) or Google (Google Play) — which is the merchant of record. Pricing is shown in the App at the point of purchase. Billing, receipts, and refunds are handled by that store under its own terms and standard refund policy (for Apple, the Apple Media Services Terms and Conditions; for Google, the Google Play Terms of Service); the Company does not process payments or issue refunds directly.
The Lifetime Unlock applies to the store account that purchased it. A purchase made on the App Store with your Apple Account unlocks the App on your iPhone; a purchase made on Google Play unlocks the App on Android and is a separate purchase. You may restore a prior Lifetime Unlock on any iPhone or Android device signed in to the same Apple Account or Google account using "Restore Purchase."
You agree not to scrape, reverse engineer, decompile, resell, or attempt to derive the source code of the App, and not to use the App in any unlawful manner or in violation of these Terms.
The App, the "Wave Whisperer" name, its design, logo, and original content are owned by the Company and protected by applicable intellectual property laws. Underlying buoy data is public data from NOAA/NDBC and CDIP and is not owned by the Company.
The App is provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the App or its data will be uninterrupted, timely, accurate, or error-free.
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any injury, loss, or damage arising from your use of — or inability to use — the App or its data, including any decisions made about ocean or surf conditions. You use the App and the water entirely at your own risk.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
We may update these Terms from time to time. We will update the "Last Updated" date above, and material changes may be noted in the App Store release notes. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.
Questions about these Terms: support@wavewhispererapp.com