Surf Track Pro Terms of Use

Important status

These Terms are a production-ready pre-launch draft prepared from current Australian regulatory guidance. They have not yet been approved by an Australian solicitor. Surf Track Pro must obtain legal review and publish its operating entity, address and verified legal contact before public launch.

1. Your agreement

These Terms apply when you create an account, access forecasts, use maps or Trip Planner, participate in Community features, upload content or use any other Surf Track Pro service. The Privacy Policy and Community Guidelines form part of this agreement.

You must be at least 16 to hold an account. If you are under 18, a parent or guardian must review these Terms and supervise your use. The appropriate minimum age and parental-consent process require legal review before launch.

2. Accounts and identity

• Provide a current, verified email address or supported social identity and accurate account information.
• Choose a unique public nickname; do not impersonate another person, share accounts or evade restrictions.
• Protect your credentials and promptly report suspected unauthorised access.
• Google, Apple and Microsoft sign-in may be offered, but those providers do not endorse Surf Track Pro.
• Your home break, preferences and saved spots help tailor the service and do not prove residence, ownership or local status.

3. Forecasts are decision support

Surf Track Pro combines third-party marine, weather, tide and observation data with break-specific calculations. Offshore model height is kept separate from estimated breaking wave-face height. Ratings, confidence, surf windows and AI explanations are estimates, not observations or guarantees.

Sandbanks, bathymetry, swell interaction, tide, local wind, access, crowds and provider availability can change without notice. Data may be incomplete, stale, delayed or unavailable. Surf Track Pro will identify unavailable live data rather than silently inventing values.

• Surfing and coastal travel can cause serious injury or death. Conditions change quickly and cannot be made safe by an app.
• Check Bureau of Meteorology warnings, beach and harbour closures, emergency-services advice and directions from lifesavers, councils and other authorities before acting. Their directions take priority over Surf Track Pro.
• You remain responsible for assessing your ability, equipment, route, access and conditions at the location.

4. Maps, trips and local information

Map pins may describe a break area rather than an exact take-off point. Trip Planner routes, drive times, parking, walking access, accommodation, businesses and attractions can be wrong or change. Confirm legal access, road conditions, tides, daylight and closures yourself.

Surf Track Pro does not provide navigation, rescue, medical, weather-warning or professional safety advice. Do not trespass, enter restricted land, rely on the app in an emergency or use it while driving.

5. Community participation

Community posts, reports, reviews, check-ins and observations are user submissions, not verified scientific data unless clearly labelled. Follow the Community Guidelines and Content Rules. Normal disagreement and honest negative opinions are allowed; threats, harassment, discriminatory abuse, doxxing, fabricated reports and dangerous conduct are not.

6. Your content and licence

You keep ownership of content you create. By submitting content, you grant Surf Track Pro a non-exclusive, worldwide, royalty-free licence to host, reproduce, adapt for formatting and safety, moderate, display and distribute it for operating and promoting Surf Track Pro. The licence ends when content is deleted, except for reasonable backups, legal preservation and content already incorporated into shared or competition material. This clause requires solicitor review.

You promise that you own or are authorised to submit the content, that it is accurate where presented as current conditions, and that it does not violate privacy, publicity, cultural, copyright or other rights. Report copyright concerns through the legal contact channel shown in the Legal Centre.

7. Acceptable use

• Do not scrape, bulk extract, reverse engineer, resell or commercially reuse the service or data without written permission.
• Do not probe security, bypass access controls, upload malicious files, automate fake activity or interfere with providers.
• Do not use the service to facilitate trespass, environmental damage, violence, harassment, unlawful surveillance or other unlawful conduct.

8. Moderation and enforcement

Surf Track Pro may label, restrict, remove or restore content and may guide, warn, restrict, suspend or ban accounts under the Moderation Policy. AI may flag or prioritise content but does not itself impose an account ban. Serious or uncertain matters receive appropriate human review and users may appeal as described in that policy.

9. Future paid plans

The current development service is free. Any future subscription will display the price, billing period, inclusions, renewal, cancellation and refund information before purchase. Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

10. Surf Track Pro and third-party rights

The Surf Track Pro name, interface, transformation engine, original copy and software are protected by intellectual-property laws. Marine models, maps, routing and other third-party material remain subject to provider licences and attribution. You receive only the limited right to use the service personally in accordance with these Terms.

11. Availability and changes

The service may change, experience outages or discontinue features. We will use reasonable care and provide notice of material changes where practicable. We will not retrospectively reduce paid entitlements without addressing applicable consumer rights.

12. Consumer rights and liability

Our services come with guarantees that cannot be excluded under the Australian Consumer Law where that law applies. Nothing in these Terms excludes, restricts or modifies those guarantees or any other non-excludable right.

To the extent permitted by law, Surf Track Pro is not liable for losses caused by risks inherent in surfing or travel, user conduct, unauthorised reliance on estimates, or third-party services outside its reasonable control. Any limitation, exclusion or indemnity must be reviewed by an Australian solicitor for fairness, transparency and enforceability before launch.

13. Ending access and retaining records

You may request account deletion through account support. Surf Track Pro may suspend or end access for material or repeated breaches, subject to the Moderation Policy and applicable law. Some security, consent, transaction, moderation and legal records may be retained where reasonably required and described in the Privacy Policy.

14. Governing law, changes and complaints

These Terms are intended to be governed by New South Wales law and Australian federal law, subject to rights to bring a claim elsewhere that cannot be excluded. This choice and the operator identity require solicitor confirmation.

Material changes will receive a version number, change summary and reasonable notice. You may be required to accept a new version before continuing. Contact and complaint options are listed in the Legal Centre.