The particulars.

Agreement

These Terms of Use (“Terms”) are an agreement between you and Kevin Fleming, the publisher of Dreadcast (“we,” “us”). They apply to the Dreadcast Mac app (“the app”) and the dreadcast.app website (“the website”). By downloading or using the app or website, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use them.

App license

The app is licensed, not sold. If you obtained it from the Mac App Store, your license is governed by Apple’s Licensed Application End User License Agreement (“Apple EULA”), and these Terms add to it. If these Terms and the Apple EULA conflict regarding the app, the Apple EULA controls. Your use of the App Store is also subject to Apple’s Media Services Terms and Conditions.

These Terms are between you and us, not Apple. Apple is not responsible for the app or its content, and has no obligation to provide maintenance or support for it.

Dreadcast Pro and purchases

Dreadcast is free to download. Optional Dreadcast Pro features are available through in-app purchase. The price, what is included, and, for any subscription, its length and renewal terms are shown in the app before you buy.

• Purchases are processed by Apple and charged to your Apple Account. Apple’s terms govern payment, billing, and refunds. To request a refund, visit reportaproblem.apple.com.
• If Pro is offered as a subscription, it renews automatically unless you cancel at least 24 hours before the end of the current period. Manage or cancel subscriptions in the App Store under your Apple Account settings.
• To restore purchases on another Mac signed in with the same Apple Account, use Restore Purchases in Dreadcast Settings.
• We may add, change, or retire Pro features over time. If we remove a feature from a one-time purchase, we will make reasonable efforts to provide comparable value.

Weather information is not a warning system

Forecasts, radar, alerts, air quality, wildfire, lightning, and other hazard data come from government agencies and other third parties. This information can be delayed, incomplete, inaccurate, or unavailable, and notifications depend on your Mac, your network, macOS settings, and Dreadcast running. Dreadcast is not an emergency alerting service and must not be your only source of safety information. Always follow official forecasts, warnings, and instructions from local authorities, and use NOAA Weather Radio, Wireless Emergency Alerts, or local media during dangerous weather. Illustrated scenes and sample readings on the website are artwork, not forecasts.

Dreadcast services

Some features use servers we operate to process public data and to provide licensed data, such as lightning, without requiring your own provider account. We may apply fair-use limits, and we may change, limit, or discontinue these services, including when a provider changes its terms or pricing.

Third-party data and services

The app displays data and maps from providers listed on our Data & Sources page. That content belongs to its owners and is subject to their terms and attribution requirements. We are not responsible for third-party content or services, and providers may change or stop offering data at any time.

Acceptable use

Use the app and website only as permitted by law and these Terms. Do not:

• copy, modify, distribute, sell, or sublicense the app except as the Apple EULA allows;
• reverse engineer the app, except to the extent applicable law permits despite this restriction;
• circumvent purchase or feature restrictions, or interfere with the website’s operation or security;
• access Dreadcast’s servers or the API keys they use other than through the app, or make automated, excessive, or abusive requests to Dreadcast’s servers or to weather and map providers; or
• present Dreadcast imagery or sample content as an official or live warning.

Intellectual property

Dreadcast, the Dreadcast name and logo, the app’s design, and its illustrations are owned by Kevin Fleming and protected by copyright and trademark laws. These Terms do not grant you any right to use them except to use the app and website as intended. Third-party marks belong to their respective owners.

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

Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP, THE WEBSITE, AND ALL WEATHER AND MAP DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY FORECAST, ALERT, OR NOTIFICATION WILL BE ACCURATE, COMPLETE, OR TIMELY.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS ARISING FROM RELIANCE ON WEATHER INFORMATION OR FROM A NOTIFICATION THAT IS LATE OR NOT DELIVERED. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO DREADCAST WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR DREADCAST IN THE 12 MONTHS BEFORE THE CLAIM OR US $50.

Some jurisdictions do not 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 consumer-protection laws that cannot be waived.

Changes and termination

We may update, suspend, or discontinue any part of the app or website, including features that depend on third-party data. You may stop using Dreadcast at any time by deleting the app. If you violate these Terms, your right to use the app and website ends automatically.

Governing law

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Florida, unless the consumer laws of your country of residence entitle you to bring proceedings in your local courts.

General

If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent. These Terms, the Apple EULA, and our Privacy Policy are the entire agreement between you and us about Dreadcast.

Changes to these Terms

We may update these Terms. We will post the new version here with a new effective date, and note material changes in the app’s release notes. Continuing to use Dreadcast after changes take effect means you accept them.

Contact

Questions, complaints, or claims about Dreadcast: Kevin Fleming, kevin@dreadcast.app.