Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using Spotter Tools Pro ("the App"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not install or use the App.

These Terms form a binding agreement between you and DGWayne (Dustin Garner), the developer of the App ("Developer," "we," "us," or "our").

2. License Grant

Subject to your compliance with these Terms, the Developer grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App on iOS or Android devices that you own or control, solely for your personal, non-commercial storm spotting and severe weather monitoring purposes.

This license is granted to you; it is not a sale of the App. All intellectual property rights in the App remain with the Developer.

3. Permitted Use

The App is intended for:

• Trained SKYWARN® storm spotters and Spotter Network members
• Storm chasers and weather enthusiasts
• Personal situational awareness during severe weather events

You agree NOT to:

• Use the App as a primary or sole source of life-safety weather information
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the App
• Resell, redistribute, sublicense, or commercially exploit the App or its contents
• Use the App in a manner that violates Spotter Network's terms of service or NWS API usage guidelines
• Submit false, misleading, or fraudulent storm reports through the App
• Use the App to harass, endanger, or impersonate other spotters or emergency personnel
• Use the App in any way that violates applicable local, state, federal, or international law

4. No User Accounts

The App does not require account creation. The only credential stored is your Spotter Network application ID, which you provide voluntarily for beacon and reporting features. We do not operate any servers, and we do not maintain user records. See the Privacy Policy for details.

5. Third-Party Services and Data

The App displays data from and communicates with third-party services, including but not limited to:

• National Weather Service (NWS) — alerts, warnings, watches
• Storm Prediction Center (SPC) — outlooks, mesoscale discussions, storm reports
• NEXRAD Level 2 data — operated by NOAA
• Spotter Network — beacon transmission and report submission
• Mapbox — map tile rendering and location search

These services are operated by independent third parties. The Developer has no control over the accuracy, availability, timeliness, or completeness of data provided by these services and is not responsible for outages, errors, or omissions in their data. Your use of features that rely on third-party services may be subject to those services' own terms and privacy policies.

6. Not Affiliated With Government or Public-Safety Agencies

Spotter Tools Pro is an independent product. It is not affiliated with, endorsed by, or sponsored by the National Oceanic and Atmospheric Administration (NOAA), the National Weather Service (NWS), the Storm Prediction Center (SPC), SKYWARN®, Spotter Network, or any government agency.

SKYWARN® is a registered service mark of the National Oceanic and Atmospheric Administration and is used here only to describe the App's intended audience under nominative fair use.

7. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, the Developer does not warrant that:

• The App will be uninterrupted, error-free, or secure
• Weather data, radar imagery, alerts, or notifications will be accurate, complete, timely, or delivered at all
• Defects in the App will be corrected within any particular timeframe, if at all
• The App will be compatible with all iOS or Android devices, OS versions, or carrier configurations

Weather data, NEXRAD imagery, NWS alerts, and notifications may be delayed, inaccurate, incomplete, or fail to deliver due to network conditions, device state, battery optimization, OS restrictions, third-party service outages, or other factors outside the Developer's control.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE DEVELOPER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR FIVE U.S. DOLLARS ($5.00), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you. In such cases, the Developer's liability is limited to the smallest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Developer from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any storm report or content you submit through the App.

10. Refunds and Purchases

Spotter Tools Pro is sold as a one-time purchase through the Apple App Store (iOS) and the Google Play Store (Android). Refunds are governed by the policies of the store you purchased from — Apple's refund policy or Google Play's refund policy — and are processed by Apple or Google, not the Developer. The Developer cannot issue refunds directly.

We do not offer subscriptions, in-app purchases, recurring billing, or microtransactions of any kind.

11. Intellectual Property

The App, including all text, graphics, code, icons, color palettes, layouts, and other content (excluding third-party data and trademarks), is the property of the Developer and is protected by copyright, trademark, and other intellectual property laws.

Third-party names and marks (including NOAA, NWS, SPC, SKYWARN®, Spotter Network, and Mapbox) belong to their respective owners. Their appearance in the App or on this site does not imply endorsement or affiliation.

User-imported content (such as your own .pal color tables) remains your property. By importing content into the App, you represent that you have the right to do so.

12. Termination

These Terms remain in effect until terminated. You may terminate them at any time by uninstalling the App. The Developer may terminate or suspend your license at any time, with or without notice, if you violate these Terms. Sections that by their nature should survive termination (including disclaimers, limitation of liability, indemnification, and intellectual property) will survive.

13. Changes to These Terms

The Developer may revise these Terms from time to time. Material changes will be reflected by an updated "Last updated" date at the top of this page. Continued use of the App after changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using and uninstall the App.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Mexico, United States of America, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the App shall be resolved exclusively in the state or federal courts located in New Mexico, and you consent to the personal jurisdiction of those courts.

You agree that any claim must be brought in your individual capacity and not as a plaintiff or class member in any class or representative proceeding.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Developer regarding the App and supersede any prior agreements.

17. Contact

If you have questions about these Terms, contact:

Dustin Garner
spottertoolspro@gmail.com