Terms of Service

The Service

Pow Pow provides ski and snowboard weather information, including forecasts, snowfall and snow-depth estimates, the Pow Rating, headlines, webcams, and (for Pow Pro subscribers) Powder Alerts. You may use the Service for your personal, non-commercial use. We may add, change or remove features at any time, and we may suspend or discontinue the Service, in whole or in part, without notice.

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian.

Weather & safety disclaimer

Pow Pow is for general information and entertainment only. Weather forecasts, snowfall and snow-depth figures, Pow Ratings, snow quality reads and headlines are estimates generated from third-party data and our own algorithms. They can be inaccurate, incomplete, delayed or out of date, and webcam images may not show current conditions.

Pow Pow does not provide avalanche forecasts, lift or terrain status, road or travel conditions, or any safety information. Skiing, snowboarding, backcountry travel and winter driving are inherently dangerous activities. Do not rely on Pow Pow to make decisions about your safety or anyone else’s. Always check official sources — the resort, your local avalanche center, the National Weather Service and road authorities — and use your own judgment. You are solely responsible for your decisions and activities.

Powder Alerts depend on forecasts, your device, notification services and network connections. We don’t guarantee that any alert will be accurate, timely or delivered at all.

Pow Pro purchases & subscriptions

Some features, such as Powder Alerts and home-screen widgets, require Pow Pro. Pow Pro may be offered as an auto-renewing subscription (for example monthly or yearly) or as a one-time lifetime purchase. Prices and options are shown in the app before you buy and may vary by region.

• Billing. Purchases are made through and billed by Google Play (Android) or the Apple App Store (iOS), and are subject to their terms. We never see your payment details.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before the period ends. Your account is charged for renewal within 24 hours before the end of the current period.
• Canceling. You can cancel anytime in your Google Play subscriptions or your Apple ID subscription settings. Canceling stops future renewals; you keep Pow Pro until the end of the period you’ve paid for. Uninstalling the app does not cancel a subscription.
• Free trials. If a free trial is offered, it converts to a paid subscription at the end of the trial unless you cancel before it ends. Any unused portion of a trial is forfeited when you buy a subscription.
• Refunds. Refunds are handled by Google or Apple under their policies. Except where required by law, payments are non-refundable and we don’t provide credits for partial periods.
• Price changes. We may change Pow Pro prices. Google or Apple will notify you of any change to an existing subscription as their rules require, and you can cancel before it takes effect.
• Restoring. Use “Restore Purchases” in the app to re-activate Pow Pro on a new install or device signed in to the same Google or Apple account.
• “Lifetime” means for as long as we continue to offer and support the Service and the feature, not your lifetime or ours.

Acceptable use

You agree not to:

• scrape, crawl or bulk-download data from the Service, or use it to build a competing product or dataset;
• reverse engineer, decompile or modify the app, except where the law expressly allows it;
• interfere with or overload the Service, our servers or our providers, or get around any feature that limits access (including Pow Pro);
• use the Service for anything unlawful, or in a way that infringes anyone’s rights.

Third-party content & services

The Service includes data and content from third parties, including Open-Meteo weather data (CC BY 4.0), USDA NRCS SNOTEL measurements and webcams provided through Windy and resort operators. We don’t control and aren’t responsible for third-party content, websites or services, and your use of them may be subject to their own terms.

Resort names, logos and trademarks belong to their owners. Their appearance in Pow Pow doesn’t mean they endorse or are affiliated with Pow Pow.

Our content

The Service, including its design, the Pow Pow name and logo, the Pow Rating, headlines and other original content, is owned by Pow Pow and protected by intellectual property laws. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the app on devices you own or control. Sharing links to Pow Pow pages and share cards is welcome.

Feedback

If you send us ideas, suggestions or feedback, you agree we may use them freely, without any obligation to you.

Disclaimer of warranties

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We don’t warrant that the Service will be uninterrupted, error-free or secure, or that any forecast, alert or other information will be accurate or reliable.

Limitation of liability

To the fullest extent permitted by law, Pow Pow will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any personal injury, property damage, lost profits, lost data or other losses arising out of or relating to your use of, or inability to use, the Service or any information in it, even if we were advised of the possibility. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid for Pow Pro in the 12 months before the claim arose or US $50.

Some places don’t allow certain warranty exclusions or liability limits, so some of the above may not apply to you. Nothing in these Terms limits rights you have under law that can’t be waived.

Indemnity

To the extent permitted by law, you agree to defend and indemnify Pow Pow against claims, losses and expenses (including reasonable legal fees) arising from your misuse of the Service or your violation of these Terms.

Termination

You can stop using the Service at any time by uninstalling the app. We may suspend or end your access if you violate these Terms. Sections that by their nature should survive (including the disclaimers, limitation of liability and governing law) survive termination.

Apple & Google

If you got Pow Pow from the Apple App Store, these Terms are between you and Pow Pow only, not Apple. Pow Pow, not Apple, is responsible for the app and its content, for maintenance and support, and for handling any product, legal or intellectual property claims about the app. Apple has no obligation to provide maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm you are not located in a country subject to a U.S. government embargo or on any U.S. government list of prohibited or restricted parties. Your use of the iOS app is also subject to Apple’s Licensed Application End User License Agreement; where it conflicts with these Terms, these Terms apply to the extent allowed.

If you got Pow Pow from Google Play, your use is also subject to the Google Play Terms of Service.

Governing law

These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in King County, Washington, and you and we consent to their jurisdiction, except where the law of your country of residence gives you the right to bring proceedings where you live.

Changes to these Terms

We may update these Terms from time to time. We’ll post the new version here with an updated “Last updated” date. Continuing to use the Service after a change means you accept the updated Terms. If any part of these Terms is found unenforceable, the rest stays in effect. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.

Contact

Questions about these Terms? Email justaniconlivingdesigns@gmail.com.