SurgeCast

SurgeCast Terms of Use

Effective October 22, 2026

These terms are an agreement between you and MortonApps LLC, a California limited liability company ("we", "us"), only. They cover the SurgeCast website at surgecast.app, the SurgeCast apps and everything they provide, including SurgeCast Pro, dive plans, alerts and notifications sent by push, email or any other way, suggestions and best-window picks, shared plan links and pages, and widgets (together, "SurgeCast"). Our members, managers, employees, contractors and agents are not parties and have no personal obligations to you under these terms, but every part of these terms that limits or excludes claims (including Sections 2 to 7 and 15) protects them too. By using SurgeCast you agree to these terms. If you don't agree, please don't use it. Please read Section 4, where you accept the risks of diving and of relying on SurgeCast, and Section 6, which limits our liability.

1. Who can use it. SurgeCast is for adults 18 and over. If you're under 18, please don't use it.

2. What SurgeCast is, and isn't. SurgeCast is for general information only. Everything it shows, including ratings, wave heights, wind, tide, site descriptions, skill notes, access, permit and hours notes, maps, directions and cams, comes from buoys, government forecasts, other public sources and our own models and notes, and it can be wrong, late or missing. Ratings cover surge and entry conditions only, not visibility, currents, rip currents, marine life, water temperature, your fitness or anything else. A rating is our model's estimate, not a statement that a site is safe: "Great" or "Good", or the absence of a warning, does not mean a site is safe for you. Conditions can change fast and can differ from any forecast. SurgeCast is not a safety, rescue or navigation tool, and it doesn't replace your training, your own look at the water, local knowledge, lifeguards, or official warnings such as National Weather Service alerts. If an official warning and SurgeCast disagree, follow the warning.

3. Your decision. You decide whether, where and when to dive. Check conditions yourself before you get in, follow your training and site rules, and don't dive if you're unsure.

4. You accept the risks. Diving, snorkeling and entering the ocean are dangerous and can cause serious injury or death, including from surge, waves, currents, cold, equipment problems, marine life, and your own or other people's actions. You knowingly and voluntarily accept all of those risks. You also accept the risk that SurgeCast is wrong, late, missing or misleading, even if that's because of our mistake or negligence, and you agree that we have no duty to you to make SurgeCast accurate, current or available. This also applies to any claim about your injury or death, whether it's brought by you or by anyone else, such as your family, heirs or estate.

We don't undertake to watch conditions for you or to warn you about anything. When SurgeCast sends an alert, suggests a site or time, or shows a widget or a shared plan, it is an estimate offered as a convenience. It is not a promise to warn you and not a safety check. An alert that is late, wrong or missing, a suggestion that turns out badly, or a widget or shared plan that is out of date is one of the risks you accept in this Section, even if our negligence caused it. Paying for Pro doesn't change this.

5. No warranty. SurgeCast, including Pro, is provided "as is" and "as available". To the fullest extent the law allows, we make no promises, express or implied, that SurgeCast is accurate, complete, current, available, or fit for any purpose, including deciding whether to dive.

6. Limit of liability. To the fullest extent the law allows, we are not liable for any injury, death, loss or damage that comes from using or relying on SurgeCast, or from not being able to use it, including when it is caused by our negligence. If we are found liable anyway, our total liability for all claims about SurgeCast, for MortonApps LLC and everyone these terms protect combined, is the greater of $100 or the amount you paid for Pro (through Google Play or the App Store) in the 12 months before the claim. Nothing in these terms limits liability for fraud, willful injury, gross negligence, or anything else the law doesn't allow to be limited. Some places don't allow these limits, so they may not fully apply to you.

7. If you lead or teach others. If you use SurgeCast to plan dives for other people, for example as an instructor, guide, dive shop or club, you're responsible for your own decisions and for what you tell them. Please don't present SurgeCast's ratings as a safety clearance. This includes plans you share.

8. Links. Links to live cams, maps, dive shops and other sites go to services we don't run. We're not responsible for them, and their own terms apply.

9. Please don't misuse SurgeCast. Please don't scrape or bulk download SurgeCast, use our app data feed outside the SurgeCast apps, try to break, overload or reverse engineer it, or resell, republish or build a service on its ratings, forecasts or models. Sharing a link, a screenshot or a rating with friends is fine. We may block or limit access at any time.

10. Our content. The SurgeCast name and logo, and the ratings, forecasts, models, text, design and code we create, belong to MortonApps LLC. You may view and use SurgeCast for your own, non-commercial diving decisions under these terms. Public data stays public; we don't claim it.

11. Privacy. Our Privacy Policy at https://surgecast.app/privacy explains what we collect.

12. Changes. We may change or stop SurgeCast at any time, and we may update these terms. We'll post the new version here with a new effective date, and for important changes we'll show a notice in SurgeCast and ask you to agree again. Changes apply from their effective date forward and don't apply to a dispute that arose before then.

13. Law and courts. California law governs these terms and any dispute about SurgeCast. Before suing, please email support@surgecast.app and give us 30 days to try to resolve it. Any lawsuit goes to the state courts in San Joaquin County, California, or, if a federal court has jurisdiction, the U.S. District Court for the Eastern District of California. Either of us may use small claims court instead. If you got the iPhone app from the App Store, Apple's standard Licensed Application End User License Agreement also applies to the app. If it and these terms differ, these terms control between you and us.

14. If part of these terms doesn't hold. If a court finds any part of these terms unenforceable, that part will be enforced as far as the law allows, and the rest stays in effect.

15. SurgeCast Pro

15.1 What Pro is. Pro adds paid features to SurgeCast: dive plans, with forecast alerts the evening before and the morning of a planned dive, a heads-up when the forecast changes a lot or a nearby site looks better, a same-day comparison of buoy readings with the forecast for your window, thunderstorm risk and some National Weather Service alerts for your sites during your window, and sharing a plan with others (15.10), a home-screen widget that shows a site's forecast estimate, and syncing your favorites and settings across your devices. The features included are the ones SurgeCast shows when you subscribe, and we may add, change or remove features (see 15.9). Everything Pro shows or sends, including alerts, live and hazard notices, better-site suggestions and best-window picks, is an estimate, and Sections 2 to 7 apply to it in full. Pro alerts can be late, missing or wrong. Pro doesn't relay every official warning. An alert not arriving does not mean conditions are fine. Pro doesn't replace your own look at the water or official warnings such as those at weather.gov.

15.2 Your account. Starting Pro creates a SurgeCast account. You can save it to an email (or, on Android and the website, a Google account) to use it on the website and on other phones. Pro you buy in the app also works on surgecast.app when you sign in there with the same SurgeCast account. You're responsible for what happens under your account. One person per account.

15.3 Buying Pro and prices. Pro is sold only in the SurgeCast apps, through Google Play on Android and the App Store on iPhone. You can't buy it on the website. Pro's price, billing period and any tax are shown by the store, before you buy.

15.4 Free trial. We may offer first-time subscribers a free trial. Its length and the date of your first charge are shown before you start. You need a payment method on file with Google Play or the App Store to start it. If you don't cancel before the trial ends, your subscription starts automatically on that date and you're charged the price of the plan you chose. On iPhone, Apple asks you to cancel at least 24 hours before the trial ends, or you may be charged. One free trial per person. Google Play and the App Store decide, under their own rules, whether your Google account or Apple ID can get a trial. We may also not offer one if a trial was already used with your SurgeCast account or the email saved to it. If the plans we show you don't include a trial, you'll see the charge date before you buy.

15.5 Automatic renewal. Your subscription renews automatically at the end of each billing period, and Google Play or the App Store charges you the plan's then-current price each time, until you cancel. Each year, and before a yearly plan renews, we'll remind you of your plan, its price and how to cancel. You can cancel online at any time, in the store you bought through:

On iPhone, cancel at least 24 hours before the current period ends to avoid the next charge.

The Account screen in the SurgeCast app links there. You can't cancel on surgecast.app, because the store manages your subscription.

When you cancel, Pro stays on until the end of the period you've paid for, and you won't be charged again. Deleting the app doesn't cancel a subscription, and if a subscription is still set to renew, we'll ask you to cancel it before you delete your SurgeCast account. If a payment fails, the store may retry it for a short time, and Pro may pause until it goes through.

15.6 Payments and refunds. Google Play (Android) or the App Store (iPhone) handles the payment, your payment method and billing, and the store's own terms apply to the payment. Refunds follow Google's or Apple's refund policy. To ask for one, contact the store you bought through. We can't refund a store purchase directly unless the store lets us. Our own policy: no refunds or credits for partly used periods unless the law requires it; we may make exceptions where the store lets us.

15.7 Price changes. We may change Pro's price. Before a new price applies to your subscription, we'll tell you as the law and the store require, at least 7 days ahead, by email if we have one, or in SurgeCast or through the store. The new price applies from your next renewal after that. If you don't want it, cancel in the store before then. Where the store requires your agreement to a price increase, it will ask you, and if you don't agree, your subscription ends at the end of the period you've paid for.

15.8 Pro given by us. Free Pro we give you (for example, to testers) can end at any time, has no cash value and can't be transferred.

15.9 Ending or changing Pro. We may suspend or end your Pro if you misuse SurgeCast (Section 9) or break these terms; then no refund is owed unless the law requires one. We may stop offering Pro, or remove a main Pro feature, at any time. If we do, we'll tell you in SurgeCast or by email, stop future renewals, and refund the unused part of any period you've paid for. On Android we'll refund it through Google Play. On iPhone, Apple doesn't let us refund App Store purchases, so we'll tell you how to ask Apple; if Apple says no, email support@surgecast.app with your receipt and we'll pay you the unused part another way. That refund is your only remedy for Pro ending or changing.

15.10 Sharing a plan. You can share a dive plan by link. Anyone with the link can see it, so share it only with people you choose. A shared plan is the same estimate as the rest of SurgeCast, may be out of date when someone opens it, and is not a safety clearance. Section 7 applies to what you tell the people you share with. Anyone who opens a shared plan or gets alerts for it uses SurgeCast under these terms.

Contact: MortonApps LLC, support@surgecast.app