Terms of Service

1. Introduction and Agreement Overview

Welcome to Backcountry Forecast (the "Service"). This Service provides weather forecasts and related environmental information through SMS, satellite messaging devices, and other connected tools, including any APIs we may offer. It's designed to help outdoor users access forecast data when they're off the grid—but it's not a safety or emergency service. Weather and backcountry conditions can change quickly, and outdoor activities involve real risks. Always use your own judgment and ensure appropriate preparation, training, and safety precautions before venturing outdoors.

Agreement to Terms. These Terms of Service (the "Terms") form a binding agreement between you ("you," "your," or "user") and Backcountry Forecast (operated by 1230295 B.C. LTD., a company incorporated under the laws of the Province of British Columbia, Canada) ("Backcountry Forecast," "we," "our," "us," or "the Service"). By accessing or using the Service—including by sending or receiving SMS or satellite messages, signing up for an account, linking a device or phone number, or using the web portal or app—you agree to be bound by these Terms and all applicable laws and regulations.

Minimum Age. If you are under 16 years of age, you may not use the Service. By using the Service, you represent that you are at least 16 years old and legally capable of entering into this agreement.

Privacy Policy. Your use of the Service also constitutes your agreement to our Privacy Policy, which describes how we collect, use, and protect your information.

If you do not agree to these Terms or the Privacy Policy, do not access or use the Service.

Contact Information

You can reach us with questions about these Terms at: support@backcountryforecast.com

2. Service Description

Purpose and Access. Backcountry Forecast (the "Service") provides automated weather and environmental information to help outdoor users make informed decisions when they are outside reliable cell coverage. You can access the Service through SMS or satellite messaging devices, and through a web-based portal and other supported interfaces that simulate or extend the same messaging functions.

Data Sources and Content. The Service delivers weather and environmental data from trusted third-party sources, including, without limitation, Open-Meteo (open-meteo.com), Avalanche Canada (avalanche.ca), and Avalanche.org (avalanche.org), among others. Forecasts and data may include current conditions, short- and long-term terrestrial or marine forecasts, and other environmental information such as avalanche forecasts, wildfire or storm alerts, or similar data as they become available.

Processing and Formatting. Data provided through the Service may be modified, formatted, or combined with other data sources for delivery to users.

Open-Meteo Attribution. Portions of forecast data are derived from Open-Meteo (open-meteo.com) and are licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. To comply with that licence, Backcountry Forecast provides the following attribution:
"Contains data © Open-Meteo, licensed under CC BY 4.0. Data may be modified or combined with other sources. Open-Meteo does not endorse Backcountry Forecast or its use of this data."
Additional attribution notices may be provided within the Service or on our website and may be updated from time to time to reflect changes in sources or licence requirements.

Availability and Plans. Access to the Service is subject to satellite or carrier network availability and may be limited by geographic region, network provider, or device type at Backcountry Forecast's discretion. The Service may offer both free and paid tiers, which may include subscription-based or per-message pricing. Current plan details and pricing will be published through the Service or its related materials.

Informational Use Only. Because weather and environmental data depend on many external systems, Backcountry Forecast cannot guarantee the accuracy, completeness, or timeliness of information, nor the delivery or reliability of messages. The Service may at times be unavailable, delayed, or produce incomplete or erroneous results. The Service is provided for informational purposes only and is not a safety, navigation, or emergency communication service. Users are solely responsible for how they use the information and for their own decisions, preparation, and training when engaging in outdoor or backcountry activities.

3. Eligibility

Compliance. You may use Backcountry Forecast (the "Service") only in compliance with all applicable laws and regulations, including those of Canada, your country of residence, and the country or jurisdiction where you use the Service.

Requirements. To use the Service, you must:

• Be at least 16 years old and legally capable of entering into a binding agreement;
• Not be barred from receiving or using the Service under any applicable laws; and
• Have any required authorization to create an account or link a device or phone number.

Representations. By signing up for or using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate. You are responsible for all activity conducted through your account or any linked devices, whether performed by you or by someone else using your account with or without your permission.

Sanctions. You may not use the Service if you are subject to sanctions or restrictions under the laws of Canada, the United States, or any other jurisdiction whose laws apply to you or to the use of the Service.

Permitted Use. The Service is intended for lawful personal, professional, or organizational use. Commercial resale or redistribution of the Service, its data, or its outputs is strictly prohibited unless expressly authorized in writing by Backcountry Forecast.

4. Account Registration

Account Creation. To use most features of the Service, you must create an account. You agree to provide accurate, current, and complete information and to keep your account information up to date.

Account Security. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us promptly if you suspect unauthorized access to or use of your account. Backcountry Forecast is not responsible for any loss or damage arising from your failure to protect your account credentials.

One Account Per User. Each user may maintain only one active account. You may not transfer your account to another person without prior written consent from Backcountry Forecast.

5. Linking Devices and Phone Numbers

Device Linking. The Service allows you to link phone numbers and satellite messaging devices to your account. You represent and warrant that you are the authorized user of any phone number or device you link and that you have the legal authority to link it.

Your Responsibility. You are responsible for all messages sent from your linked devices and for ensuring that linked devices are secured from unauthorized use. You must promptly update your account if a linked device or phone number changes or is no longer under your control.

Carrier and Network Terms. Use of the Service through mobile carriers or satellite networks is also subject to the applicable terms and conditions of those providers. Standard messaging and data rates may apply.

6. Subscriptions, Payments, and Refunds

Fees. Certain features of the Service require a paid subscription or are subject to usage fees. Current pricing and plan details are available through the Service or its related materials and may change from time to time with reasonable notice.

Payment Processing. Payments are processed by Stripe. By providing payment information, you authorize Backcountry Forecast and its payment processor to charge the applicable fees. You agree to Stripe's terms of service in connection with payment processing.

Billing. Subscriptions are billed in advance for the applicable subscription period. All fees are non-refundable except as required by applicable law or as otherwise stated in these Terms.

Cancellation. You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period unless otherwise stated. You will retain access to paid features until the end of the paid period.

Failed Payments. If payment fails, Backcountry Forecast may suspend or terminate access to paid features and may attempt to collect outstanding fees.

7. Acceptable Use

You agree not to:

• Use the Service in any way that violates applicable laws or regulations;
• Send spam, unsolicited messages, or automated requests through the Service;
• Attempt to probe, scan, or test the security of the Service or circumvent any security or access controls;
• Reverse engineer, decompile, or disassemble any part of the Service;
• Use the Service to transmit any harmful, offensive, or unlawful content;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Use the Service for any commercial resale or redistribution without prior written authorization; or
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.

Backcountry Forecast reserves the right to suspend or terminate accounts that violate these requirements, and to report illegal activity to appropriate authorities.

8. Data Accuracy and Limitations of Liability

No Guarantee of Accuracy. The Service provides weather and environmental information from third-party sources. Backcountry Forecast does not independently verify the accuracy of this data and makes no warranty that it is accurate, complete, current, or suitable for any particular purpose.

Not for Emergency Use. The Service is not a safety, emergency, or search-and-rescue service. Do not rely on it as your sole source of information in dangerous or emergency situations. Always carry appropriate safety equipment and inform others of your plans before engaging in backcountry activities.

Limitation of Liability. To the fullest extent permitted by law, Backcountry Forecast and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including loss of life, personal injury, property damage, loss of data, or loss of revenue—arising out of or in connection with your use of or inability to use the Service, even if advised of the possibility of such damages.

Cap on Liability. To the fullest extent permitted by law, Backcountry Forecast's total liability to you for any claims arising out of or related to these Terms or your use of the Service shall not exceed the greater of: (a) the total fees paid by you to Backcountry Forecast in the twelve months immediately preceding the claim; or (b) CAD $100.

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

9. Intellectual Property

Our Property. The Service and all content, software, features, and functionality made available through it (excluding third-party content and data) are owned by Backcountry Forecast or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Limited Licence. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial use in accordance with these Terms.

Your Content. You retain ownership of any content you submit to the Service (such as location data or message content). By submitting content, you grant Backcountry Forecast a limited licence to use it solely to operate and improve the Service.

Restrictions. You may not copy, reproduce, distribute, modify, create derivative works of, or commercially exploit any part of the Service without our prior written consent.

10. Third-Party Services and Links

The Service may include links to, or integrate with, third-party websites, services, or content. These third-party services are governed by their own terms and privacy policies. Backcountry Forecast does not endorse and is not responsible for the content, accuracy, or practices of any third-party service. Your use of third-party services is at your own risk.

11. Privacy and Data

Privacy Policy. Our collection, use, and handling of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review it carefully.

SMS Consent. By linking a phone number to the Service, you consent to receive SMS messages from Backcountry Forecast at that number, including weather forecasts you request, account and verification messages, and service-related notifications. Standard message and data rates may apply. You may withdraw consent at any time by unlinking your phone number or by contacting support@backcountryforecast.com. Withdrawing consent will limit your ability to use SMS-based features of the Service.

Analytics and Aggregation. We may analyze personal and message data to operate, secure, and improve the Service (including troubleshooting, performance, and feature development). We may also create de-identified or aggregated data that does not reasonably identify you, which we may use for lawful purposes.

International Processing. By using the Service, you consent to the collection, processing, and storage of your information as described in the Privacy Policy. Data may be stored or processed on servers operated by third-party providers and may be transferred or accessed across national borders, including jurisdictions with different data-protection laws than your own.

Retention. We retain personal and message data for as long as reasonably necessary to operate, improve, and maintain the Service, comply with legal obligations, or support legitimate business purposes, after which it may be deleted, anonymized, or aggregated.

Security. Backcountry Forecast takes reasonable administrative, technical, and physical measures to protect personal data from unauthorized access, loss, or misuse. However, no system or transmission method is completely secure, and Backcountry Forecast cannot guarantee absolute security of information transmitted or stored through the Service.

Third-Party Networks. Data transmitted through SMS, satellite, or other third-party communication networks may be processed by those providers according to their own terms and privacy policies. Backcountry Forecast is not responsible for the security or handling of data outside its direct control.

Conflicts. If there is any inconsistency between these Terms and the Privacy Policy, the Privacy Policy will govern with respect to the collection, use, and protection of personal data.

12. Termination

Your Termination Rights. You may end your use of the Service at any time, either via the web portal or app account settings (if self-service account deletion is available) or by submitting a termination request by email to support@backcountryforecast.com. Termination of your account will automatically deactivate all linked devices and subscriptions associated with that account.

Our Termination Rights. Backcountry Forecast may suspend or terminate any account or access to the Service at any time, with or without cause or notice, including but not limited to cases of violation of these Terms, misuse of the Service, suspected fraud or unlawful activity, non-payment or chargeback, or operational, technical, or security concerns.

Effect of Termination. Upon termination, your right to access or use the Service ends immediately. Any outstanding fees or charges remain due and payable. Data associated with terminated accounts may be retained or deleted in accordance with our Privacy Policy and applicable law.

Survival. Sections concerning intellectual property, disclaimers, limitations of liability, privacy, indemnification, and any other provisions that by their nature should survive termination shall continue to apply after termination of your account.

13. Disclaimers and Indemnification

Disclaimers. The Service is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Backcountry Forecast makes no warranty that the Service will be uninterrupted, accurate, secure, or error-free, and your use of the Service is at your own risk, as further described in Section 8 (Data Accuracy and Limitations of Liability).

Indemnification. You agree to indemnify, defend, and hold harmless Backcountry Forecast, its directors, officers, employees, contractors, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees and costs) arising out of or related to your:

• use or misuse of the Service;
• violation of these Terms or any applicable law; or
• infringement of any third-party right, including intellectual property or privacy rights.

This obligation survives termination of your account and your use of the Service. Your use of the Service remains subject to all disclaimers and limitations of liability contained in these Terms.

14. Governing Law and Dispute Resolution

Governing Law. These Terms are governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to conflict-of-laws principles.

Informal Resolution. Before pursuing formal action, both you and Backcountry Forecast agree to make reasonable efforts to resolve any dispute or claim informally by contacting the other party. We encourage you to reach out to us first — we'll do our best to resolve your concern quickly and fairly.

Exclusive Jurisdiction. If a dispute cannot be resolved informally, it shall be submitted exclusively to the courts located in British Columbia, Canada, and you consent to the personal and exclusive jurisdiction of those courts for all such matters.

Local Compliance. You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations in your own jurisdiction.

Class-Action Waiver. To the fullest extent permitted by law, you and Backcountry Forecast each agree that any claims or disputes shall be brought on an individual basis only, and not as part of any class, collective, or representative action.

15. Changes to These Terms

Updates. Backcountry Forecast may update or modify these Terms, or any related policies (including the Privacy Policy), at any time. Any changes take effect when the revised Terms are posted on our website, unless otherwise stated.

Acceptance of Changes. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. We may, but are not required to, provide notice of material updates through reasonable means such as email, SMS, or notices within the web portal or app (if applicable).

16. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Backcountry Forecast regarding your use of the Service, and supersede any prior or contemporaneous agreements, communications, or understandings.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

No Waiver. No failure or delay by Backcountry Forecast to enforce any right or provision of these Terms shall be deemed a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them without prior written consent from Backcountry Forecast. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

Headings. Headings and section titles in these Terms are for convenience only and have no legal or contractual effect.