Terms of Service
Nautical Nick Visibility Report nauticalnick.net
Effective Date: July 5, 2026 Last Updated: July 5, 2026
1. Acceptance of These Terms
These Terms of Service ("Terms") are a legally binding agreement between you and Nautical Nick ("we," "us," "our"), the operator of nauticalnick.net and the Nautical Nick Visibility Report service, including the Ocean Oracle Pro subscription (collectively, the "Service").
By accessing or using the Service, creating an account, or purchasing a subscription, you agree to be bound by these Terms. If you do not agree, do not use the Service.
PLEASE READ SECTIONS 4, 5, 6, 7, AND 13 CAREFULLY. THEY CONTAIN IMPORTANT DISCLAIMERS ABOUT THE ACCURACY OF OUR DATA, YOUR ASSUMPTION OF RISK RELATED TO DIVING AND OTHER OCEAN ACTIVITIES, AND LIMITATIONS ON OUR LIABILITY.
2. Description of the Service
The Service provides estimates and predictions of underwater visibility at coastal locations, along with related informational content including ocean condition data, beach descriptions, marine species information (the "Ichthyopedia"), and user-submitted dive reports.
Visibility scores, forecasts, and condition data are estimates generated by an automated algorithm using publicly available data sources, including but not limited to satellite imagery, buoy readings, and weather data from the National Oceanic and Atmospheric Administration (NOAA), NASA, and similar sources. They are not direct measurements of conditions at any location, and they are not verified by any person before publication.
3. Eligibility and Accounts
You must be at least 18 years old to create an account or purchase a subscription. By using the Service, you represent that you are at least 18 years of age.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use. We are not liable for any loss arising from unauthorized use of your account.
You agree to provide accurate information when creating an account and to keep it current.
4. Assumption of Risk — READ CAREFULLY
Diving, freediving, spearfishing, snorkeling, swimming, and all other ocean activities are inherently dangerous and can result in serious injury, permanent disability, or death. Hazards include, without limitation: drowning, shallow water blackout, decompression sickness, barotrauma, entanglement, marine life encounters, boat traffic, rip currents, surge, surf, low visibility, cold water, equipment failure, and rapidly changing conditions.
By using the Service, you acknowledge and agree that:
(a) You voluntarily assume all risks associated with any ocean activity you undertake, whether or not you consulted the Service before doing so;
(b) The Service is an informational tool only. It is not a safety device, a dive planning service, a substitute for training or certification, or a substitute for your own on-site assessment of conditions;
(c) Actual ocean conditions can differ substantially from any score, forecast, or report shown on the Service, and conditions can change rapidly and without warning;
(d) You are solely responsible for your own safety decisions, including whether, where, and when to enter the water, and you will make those decisions based on your own training, experience, direct observation of conditions, and applicable local warnings and regulations, not on the Service;
(e) You will comply with all applicable laws, regulations, closures, and posted warnings, including fishing and take regulations, marine protected area rules, and lifeguard instructions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE US FROM ANY AND ALL LIABILITY FOR INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY OCEAN OR WATER ACTIVITY YOU UNDERTAKE, INCLUDING ANY ACTIVITY UNDERTAKEN IN RELIANCE ON INFORMATION FROM THE SERVICE.
5. Accuracy Disclaimer — No Warranty of Information
All content on the Service, including visibility scores, forecasts, condition data (water temperature, air temperature, wind, swell, chlorophyll, and similar), beach descriptions, parking and access information, legality information, species information, spearfishing intel, and user-submitted reports, is provided "AS IS" and "AS AVAILABLE," without warranty of any kind, express or implied.
We do not warrant that any information on the Service is accurate, complete, current, or reliable. Specifically, and without limitation:
(a) Visibility scores and forecasts are algorithmic estimates and will sometimes be wrong, potentially by a wide margin. A prediction of excellent visibility does not mean visibility will be good, and it does not mean conditions are safe;
(b) Underlying data comes from third-party sources (including NOAA and NASA) that we do not control, and that data may itself be delayed, incomplete, inaccurate, or collected at locations different from the location shown (for example, offshore rather than nearshore);
(c) Descriptions of beach access, parking, regulations, and the legality of spearfishing or take at any location may be outdated or incorrect. Fishing and take regulations change. You are solely responsible for verifying current regulations with the California Department of Fish and Wildlife or the applicable authority before fishing, spearfishing, or taking any species;
(d) Ichthyopedia and species content is general educational information and may contain errors. It is not a species identification guide for consumption safety, and we make no warranty that any species is safe or legal to take or eat;
(e) User-submitted dive reports and comments reflect the views of their authors, not ours. We do not verify them and are not responsible for their content or accuracy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6. Not Professional Advice
Nothing on the Service constitutes professional advice of any kind, including legal, safety, medical, navigational, or dive-planning advice. Content about regulations is provided for general informational purposes only and is not legal advice. Consult the applicable government agency, a certified dive professional, or other qualified expert as appropriate.
7. Ocean Oracle Pro — Subscription Terms
7.1 The Subscription
Ocean Oracle Pro ("Pro") is a paid subscription that adds features including multi-day visibility forecasts, forecast emails, condition alerts, watchlists, expanded conditions data, and location-specific spearfishing information.
7.2 Forecasts Are Predictions — They Will Sometimes Be Wrong
By subscribing to Pro, you acknowledge and agree that multi-day forecasts are probabilistic predictions of future conditions, not statements of fact. Forecasting future ocean conditions is inherently uncertain, and uncertainty compounds the further into the future a forecast extends. Forecasts will sometimes be incorrect, including materially incorrect, and alerts may be sent (or not sent) based on forecasts that do not come true.
We make no warranty, express or implied, regarding the accuracy of any forecast or alert. We are not responsible or liable for any decision you make, any trip you take, any expense you incur, or any injury or loss you suffer in reliance on a forecast, alert, or any other Pro feature. An incorrect forecast is not a defect in the Service and does not entitle you to a refund except as provided by the money-back guarantee in Section 7.5.
7.3 Billing and Automatic Renewal
Pro is offered on a monthly or annual basis at the prices displayed at the time of purchase. Your subscription renews automatically at the end of each billing period, and your payment method will be charged the then-current subscription price, until you cancel. Payments are processed by Stripe; we do not store your full payment card details.
We may change subscription prices. If we do, we will notify you in advance, and the new price will apply beginning with your next billing period. If you do not agree to a price change, you may cancel before it takes effect.
7.4 Cancellation
You may cancel your subscription at any time through your account settings or the subscription management portal. Cancellation takes effect at the end of the current billing period. You will retain access to Pro features until then. Except as provided in Section 7.5, payments are non-refundable, and we do not provide refunds or credits for partial billing periods or unused features.
7.5 30-Day Money-Back Guarantee
If you are not satisfied with Pro, you may request a full refund of your first subscription payment within 30 days of your initial purchase by contacting us at [email protected]. This guarantee applies once per customer and applies only to the first payment on a new subscription, not to renewal payments.
7.6 Free Tier
We may modify, limit, or discontinue any free feature at any time without notice or liability.
8. User-Submitted Content
The Service may allow you to post dive reports, comments, and other content ("User Content").
(a) You retain ownership of your User Content. By posting it, you grant us a worldwide, non-exclusive, royalty-free, perpetual, sublicensable license to use, host, store, reproduce, modify, display, and distribute it in connection with operating, improving, and promoting the Service (including using observed-conditions data from dive reports to improve our prediction algorithm);
(b) You represent that you have the rights to post your User Content and that it does not violate any law or the rights of any third party;
(c) You will not post content that is unlawful, threatening, harassing, defamatory, obscene, deceptive, infringing, spam, or that impersonates another person;
(d) We may remove or refuse any User Content at our sole discretion, with or without notice, but we have no obligation to monitor, review, or verify User Content;
(e) Do not rely on other users' dive reports for safety decisions. Reports may be inaccurate, outdated, or fabricated, and conditions change.
9. Acceptable Use
You agree not to: (a) scrape, harvest, or systematically extract data from the Service, including by automated means, except as permitted by a written agreement with us; (b) resell, redistribute, or republish visibility data, forecasts, or other Service content, whether or not for a fee; (c) share Pro account credentials or circumvent subscription controls; (d) interfere with or disrupt the Service, probe or test its vulnerability, or attempt to gain unauthorized access to any system or data; (e) use the Service to develop a competing product; (f) use the Service in violation of any applicable law.
10. Intellectual Property
The Service and all content we create, including the visibility algorithm, scores, forecasts, essays, Ichthyopedia entries, design, graphics, logos, and software, are owned by us or our licensors and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. "Nautical Nick," "Nautical Nick Visibility Report," and "Ocean Oracle" and associated logos are our trademarks. No rights are granted except as expressly stated in these Terms.
Certain data displayed on the Service is derived from U.S. government sources, including NOAA and NASA. Our presentation, processing, and derived predictions are our proprietary work product.
11. Third-Party Services and Links
The Service relies on third-party data providers and service providers (including NOAA, NASA, Stripe, Mapbox, and email delivery providers) and may contain links to third-party websites, including webcams and external resources. We do not control and are not responsible for third-party services, their availability, or their content. Your use of third-party services is at your own risk and subject to their terms.
12. Copyright Complaints (DMCA)
If you believe content on the Service infringes your copyright, send a notice compliant with 17 U.S.C. § 512(c)(3) to our designated agent at [email protected], including: identification of the copyrighted work, identification and location of the allegedly infringing material, your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that the notice is accurate and you are authorized to act, and your physical or electronic signature. We may remove allegedly infringing content and may terminate the accounts of repeat infringers.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) IN NO EVENT WILL WE, OR OUR OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR DATA PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(b) WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM ANY OCEAN OR WATER ACTIVITY, OR FROM ANY RELIANCE ON ANY VISIBILITY SCORE, FORECAST, ALERT, CONDITION DATA, REGULATION INFORMATION, OR OTHER CONTENT ON THE SERVICE, WHETHER OR NOT THAT CONTENT WAS ACCURATE;
(c) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) FIFTY U.S. DOLLARS ($50);
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
The disclaimers, assumption of risk, and limitations in these Terms are a fundamental basis of the bargain between you and us. The Service would not be offered at its current prices (or at all) without them.
14. Indemnification
You agree to indemnify, defend, and hold harmless us and our officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your participation in any ocean or water activity; (c) your User Content; (d) your violation of these Terms or of any law or third-party right.
15. Termination
We may suspend or terminate your account or access to the Service at any time, with or without cause or notice, including for violation of these Terms. If we terminate a paid subscription without cause, we will refund the prorated unused portion of your prepaid subscription fee; that refund is your sole remedy. You may stop using the Service and delete your account at any time. Sections 4, 5, 6, 7.2, 8(a), 10, 13, 14, 16, and 17 survive termination.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Orange County, California, and you consent to personal jurisdiction and venue there.
Any claim must be brought within one (1) year after the claim arises, or it is permanently barred, to the extent permitted by applicable law.
17. General Provisions
Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will notify you by email or by a notice on the Service before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, stop using the Service and cancel any subscription.
Changes to the Service. We may modify, add, or remove features of the Service at any time. We do not guarantee that the Service will be uninterrupted, error-free, or available at any particular time.
Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Service and supersede any prior agreements.
Severability. If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full effect.
No waiver. Our failure to enforce any provision is not a waiver of the right to enforce it later.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
California consumer notice. Under California Civil Code § 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
18. Contact
Questions about these Terms: [email protected]
By creating an account, purchasing a subscription, or using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service, including the assumption of risk in Section 4 and the limitations of liability in Section 13.