Brizze Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Nanoologi Ltd. ("Nanoologi", "we", "us", or "our"), governing your access to and use of the Brizze mobile application (the "App"), website, APIs, related digital services, and any data, content, or features provided therein (collectively, the "Service").

By downloading, installing, launching, browsing, or using Brizze, you affirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree unconditionally to all provisions of these Terms, you must immediately uninstall and cease all use of the App.

2. Multi-Source Meteorological Data & Third-Party Services

Brizze aggregates, synthesizes, and displays wind, wave, marine, and meteorological data from specialized third-party data providers, governmental weather stations, and telemetry networks. Specifically:

• Open-Meteo (Open-Meteo GmbH): Atmospheric and marine numerical forecast models (including hourly wind speed, wind gusts, wind direction, wave height, wave period, and swell direction) are retrieved via Open-Meteo APIs utilizing dynamic model selection (e.g. GFS, ECMWF, ICON, and regional high-resolution models).
• Holfuy (Holfuy Kft.): Live real-time physical automatic weather station telemetry, anemometer observations, current wind speed, gusts, and bearings are retrieved via Holfuy station feeds where designated.
• Windguru (Windguru.cz): Spot forecast integrations, cross-reference links, and meteorological model references for surf, kite, and windsurf spots.
• Windy.app (Windy Weather World Inc.): Weather model references, spot forecast deep links, and complementary meteorological references.
• Israel Meteorological Service (IMS) & Public Telemetry: Real-time and historical telemetry from official governmental coastal and terrestrial weather stations.
• Live Webcams: Live streaming and static webcam views provided by third-party beach operators, municipal cameras, and services such as SkylineWebcams and WaveHub.

Third-Party Intellectual Property & Independent Relationship: Open-Meteo, Holfuy, Windguru, Windy.app, IMS, Google Maps, and other referenced third-party entities are independent operators. All product names, logos, trademarks, and registered trademarks are property of their respective owners. Their mention does not imply affiliation, sponsorship, endorsement, or partnership by or with Nanoologi Ltd., nor does it imply that these entities endorse or guarantee the accuracy of Brizze.

Outbound Deep Links: Brizze may provide outbound links to third-party websites (e.g. Windguru, Windy.app, Holfuy, webcam hosts). Nanoologi has no control over the content, uptime, security, or legal/privacy practices of third-party platforms. Accessing third-party resources is done entirely at your own risk.

3. Absolute Disclaimer of Accuracy & Latency

Meteorology and marine forecasting are inherently imprecise computational simulations. Real-time telemetry is dependent on physical sensors, remote wireless transmission, and server connectivity. Consequently:

• Delayed & Periodic Refresh: Data in Brizze is refreshed periodically according to model cycles (e.g. every few hours) or station polling intervals, and is not continuous zero-latency real-time streaming. Station readings may reflect conditions minutes or hours past.
• Sensor Malfunction & Local Obstructions: Physical anemometers and telemetry stations may experience sensor failures, wind shadowing from buildings or terrain, calibration drift, power outages, or cellular disconnects.
• Micro-Climates & Unmodeled Phenomena: Numerical forecasts cannot account for sudden convective squalls, localized thermal venturi effects, thunderstorm gust fronts, squall lines, downbursts, sudden wind shifts, or localized bathymetric wave mutations.

Nanoologi explicitly disclaims all representations or warranties that any data, wind speed, gust calculation, wave height, tide estimate, or forecast timeline shown in the App is accurate, complete, reliable, current, or error-free.

4. Recreational Planning Only — No Safety or Navigational Guarantee

Brizze is designed exclusively as an auxiliary, informal recreational planning aid for water sports enthusiasts. Brizze is NEVER to be used:

• As a substitute for official marine forecasts, coast guard alerts, government gale warnings, or small craft advisories;
• For maritime navigation, vessel piloting, or commercial nautical operations;
• For life-critical decision making, search and rescue, or judging whether conditions are safe to launch, rig, or enter the water;
• In place of personal on-site physical inspection of wind, swell, currents, tides, shallow hazards, and shorebreak.

You must always check physical beach conditions, consult lifeguards and local spot authorities, monitor official national meteorological advisories, and assess your own skill level, equipment condition, and physical stamina before entering the water.

5. Voluntary Assumption of All Risks

You acknowledge and voluntarily agree that engaging in wind and water sports involves significant known and unknown dangers. By using Brizze and participating in water sports or related outdoor activities:

• You assume full, exclusive, and voluntary responsibility for all risks of bodily injury, illness, permanent disability, paralysis, death, emotional distress, and property destruction or loss;
• You acknowledge that you are solely responsible for your own safety, your choice of equipment (kite size, board, harness, life vest, helmet, leash), and your decision to launch or continue a session;
• You agree that Nanoologi Ltd. and its data providers bear zero responsibility for any accidents, water rescues, equipment losses, collisions, drownings, or mishaps arising out of or related to your activities or your interpretation of data in the App.

6. "As-Is" and "As-Available" Disclaimer

Please read this section carefully, as it limits the legal warranties provided to you.

THE APP, ITS CONTENT, DATA FEEDS, AND ALL SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NANOOLOGI LTD., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS (INCLUDING OPEN-METEO, HOLFUY, WINDGURU, AND WINDY.APP) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• ANY WARRANTIES REGARDING ACCURACY, ADEQUACY, TIMELINESS, SUITABILITY, COMPLETENESS, OR RELIABILITY OF WEATHER OR MARINE DATA;
• ANY WARRANTIES THAT THE APP WILL OPERATE UNINTERRUPTED, SECURE, FREE OF VIRUSES, BUGS, OR SERVER OUTAGES;
• ANY WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT DATA REFRESH CYCLES WILL RUN ON ANY SPECIFIC SCHEDULE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NANOOLOGI LTD., ITS SUBSIDIARIES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, OR DATA SUPPLIERS (INCLUDING OPEN-METEO, HOLFUY, WINDGURU, AND WINDY.APP) BE LIABLE FOR ANY:

• PERSONAL INJURY, BODILY HARM, PERMANENT IMPAIRMENT, WRONGFUL DEATH, PAIN AND SUFFERING, OR MENTAL ANGUISH;
• LOSS OF OR DAMAGE TO WATER SPORTS EQUIPMENT, BOATS, VEHICLES, OR PERSONAL PROPERTY;
• COSTS OF RESCUE OPERATIONS, MARITIME SEARCH AND RESCUE, TOWING, MEDICAL CARE, OR EMERGENCY HOSPITALIZATION;
• INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY NATURE;
• LOSS OF REVENUE, PROFITS, GOODWILL, DATA, USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS.

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE), EVEN IF NANOOLOGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE LIABILITY CAP: IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF NANOOLOGI LTD. AND ITS LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE APP OR THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO NANOOLOGI FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR FIFTY UNITED STATES DOLLARS ($50.00 USD), WHICHEVER IS LESS.

8. Comprehensive Indemnification

You agree to vigorously defend, indemnify, and hold harmless Nanoologi Ltd., its parent, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, agents, and licensors from and against any and all claims, demands, actions, suits, liabilities, damages, judgments, settlements, losses, expenses, and costs (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use or misuse of the App, data feeds, or third-party links;
• Your engagement in kitesurfing, windsurfing, surfing, wing foiling, boating, or any other sports or outdoor activities;
• Any decision made or action taken by you or any third party in reliance upon any data, forecast, or content displayed in Brizze;
• Any personal injury, fatality, or property damage caused to you or any third party during your activities;
• Your violation of these Terms, any applicable law, maritime regulation, or third-party intellectual property or privacy right.

9. User Conduct & Permitted License

Nanoologi grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use Brizze on your personal compatible devices strictly for personal, non-commercial purposes. You agree not to:

• Scrape, crawl, harvest, reverse-engineer, or programmatically extract weather data, station lists, or spot metadata from the App;
• Redistribute, resell, sublicense, or commercially exploit any data feed or feature of the App;
• Interfere with, overload, or disrupt the operation of Brizze servers, databases, or API infrastructure;
• Circumvent or disable any security, licensing, authentication, or remote-config mechanisms.

10. In-App Subscriptions & Payments

Certain advanced features or alert capabilities may be offered via in-app subscriptions managed through Apple App Store or Google Play Store, utilizing RevenueCat for purchase infrastructure. Subscriptions are billed and auto-renew according to store terms. Cancellations, refunds, and renewals are governed by Apple's or Google's billing terms.

11. Modifications to the Service & Terms

We reserve the right at any time to modify, suspend, or discontinue any feature, spot, data provider, or component of Brizze without prior notice. We may amend these Terms periodically. Your continued use of the App following any update constitutes your irrevocable acceptance of the revised Terms.

12. Governing Law, Exclusive Jurisdiction & Dispute Resolution

These Terms, their interpretation, and any claim or dispute arising out of or relating to these Terms or the App shall be governed solely by and construed in accordance with the substantive laws of the State of Israel, without regard to its conflict-of-law principles.

You irrevocably agree that the competent courts located in the District of Tel Aviv-Jaffa, Israel shall have exclusive jurisdiction over any proceeding or dispute arising out of or related to these Terms or the Service. Where permitted by law, you agree that any dispute resolution proceedings will be conducted solely on an individual basis and not in a class, consolidated, or representative action.

13. Severability & Entire Agreement

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. These Terms and our Privacy Policy constitute the entire agreement between you and Nanoologi Ltd. regarding the Service.

14. Contact & Legal Inquiries

For legal inquiries, notices, or support questions regarding Brizze and these Terms, please contact: