Terms of Use · BommieSurf

Version 2.1 · Effective 16 October 2026 · Bluegrass Pastoral Pty Ltd ACN 699 118 226 (ABN 27 699 118 226)

1. About these Terms

(a) These Terms of Use (Terms) govern access to and use of BommieSurf, including the BommieSurf website, web application and mobile applications (BommieSurf), operated by Bluegrass Pastoral Pty Ltd ACN 699 118 226 (Bluegrass, we, us, our).

(b) BommieSurf is provided to individuals for their own personal use. In these Terms, you and your mean the individual who holds a BommieSurf account or uses BommieSurf.

(c) By creating an account, starting a Free Trial, subscribing to or using BommieSurf, you confirm that you have read and agree to these Terms. If you do not agree, do not use BommieSurf.

(d) These Terms also apply to your use of the public pages and features of BommieSurf that do not require an account, including the clauses on acceptable use, forecast data, disclaimers, intellectual property and liability.

(e) These Terms should be read together with our Privacy Policy, which explains how we handle your information.

2. What BommieSurf is and what it is not

(a) BommieSurf is a surf planning tool. It:

(i) lets you save surf breaks by map pin and set your own preferred swell, wind and tide conditions for each one;
(ii) scores each daylight hour at your saved breaks green, amber or red against those preferences, across the forecast horizon of your plan;
(iii) shows the next best session at each break, with the swell, wind and tide behind the score;
(iv) displays hourly swell, wind, tide, and air and water temperature detail; and
(v) where you turn them on, sends surf alerts when a break's score meets the threshold you have set.

(b) BommieSurf is a tool to help forecast surf conditions only. It is not for navigation, nautical or marine safety use, or any safety-critical purpose. BommieSurf is not a safety, navigation or marine information service. No score, colour, session or alert in BommieSurf is a statement that conditions are safe, that they suit your ability, or that they will occur as forecast.

(c) We are not affiliated with, and BommieSurf is not endorsed or approved by, any meteorological agency, hydrographic office, surf lifesaving organisation, government authority or forecast data provider.

(d) BommieSurf does not provide meteorological, marine, safety or other professional advice.

(e) You remain responsible for your own safety. In particular, you must:

(i) check conditions in person before you enter the water;
(ii) follow official warnings, beach closures, signage and the directions of lifeguards and lifesavers;
(iii) judge conditions against your own ability, fitness and equipment; and
(iv) never rely on BommieSurf for navigation, crossing bars or entrances, or any other marine operation.

(f) If in doubt, don't paddle out.

3. Availability

(a) BommieSurf is offered internationally, subject to its availability in the App Store or Google Play in your country. Forecast and tide data are modelled globally and their accuracy varies from place to place. We make no representation that BommieSurf or its data is equally accurate, appropriate or available in every location.

(b) If where we offer BommieSurf changes, we will update this clause 3. A change to this clause is a change to these Terms, and clause 14 applies to it.

4. Your account

(a) BommieSurf is for personal, non-commercial use.

(b) You must be at least 16 years of age to create an account.

(c) The information you provide when you register must be accurate, current and complete, and you must keep it up to date.

(d) Your account is for you only. You must not allow anyone else to use it. You are responsible for keeping your login credentials confidential and for all activity under your account. You must notify us promptly at support@bommiesurf.com if you suspect unauthorised access.

(e) A new account may include a limited introductory period with full Pro access (Free Trial). When a Free Trial ends, your account moves to the free plan unless you take out a Subscription. Each person, email address and Store account may have a Free Trial only once, and deleting an account and opening a new one does not start a new Free Trial. We may refuse or end a Free Trial, or decline to open an account, where we reasonably believe it is being used to obtain a Free Trial more than once. We may change or withdraw the Free Trial for new accounts at any time.

5. Plans, subscriptions and payment

(a) BommieSurf is available on a free plan and on a paid Pro subscription (Subscription). No plan shows advertising. The features and forecast horizon of each plan are shown in BommieSurf, and may change under clause 14.

(b) Subscriptions are sold and billed by Apple through the App Store, or by Google through Google Play (each a Store), not by us. Payment is charged to your Store account when you confirm the purchase, at the price shown in the Store at that time. The price, currency, taxes and method of payment are set and charged by the Store for your country. We never see or store your card details.

(c) Your Subscription renews automatically at the end of each billing period unless you turn off auto-renew in your Store account settings at least 24 hours before the end of the current period, or as the Store's rules otherwise provide. Your Store account is charged for the renewal within the 24 hours before the end of the current period.

(d) You may manage or cancel your Subscription at any time in your Store account settings. Cancellation takes effect at the end of the current billing period, and you keep Pro access until then. Deleting the app, or deleting your BommieSurf account, does not cancel a Subscription. You must cancel it with the Store.

(e) Refunds of Store purchases are handled by the Store under its own policies. We do not refund the unused part of a billing period, except as required by law or as set out in clauses 13(c) and 14(c).

(f) We may change Subscription prices. Price changes are notified to you through the Store in accordance with its rules, and do not affect a period you have already paid for. If you do not want to continue at the new price, you can cancel before it applies to you.

(g) When a Subscription or Free Trial ends, your account moves to the free plan. Your saved breaks and preferences are kept, but access to breaks, features and forecast days is limited to what the free plan allows.

(h) A Free Trial needs no payment details and never converts into a paid Subscription. When it ends, your account moves to the free plan. There is one Free Trial per person (see clause 4(e)), and the record that a Free Trial has been used is kept as described in the Privacy Policy, including after your account is deleted.

(i) We use RevenueCat to manage the status of Subscriptions for us. RevenueCat does not take payment; payment is taken only by the Store.

(j) Nothing in this clause 5 affects your rights under the Australian Consumer Law, including any right to a refund (see clause 12).

5A. Surf alerts

(a) Surf alerts are optional. You can turn them on or off in BommieSurf.

(b) Alerts are provided on a best-effort basis. They are based on forecasts that change, and an alert may be delayed, may not arrive, or may be wrong.

(c) Quiet hours, and your device's settings and operating system, can delay or block an alert.

(d) An alert is not a safety warning, and the absence of an alert is not a sign that conditions are poor.

(e) We may change the timing, frequency and limits of alerts, including which alerts each plan includes.

6. Licence and acceptable use

(a) We grant you a limited, non-exclusive, non-transferable licence to use BommieSurf solely for your own personal, non-commercial surf planning, for as long as these Terms apply to you.

(b) You must not:

(i) use BommieSurf for any unlawful purpose;
(ii) attempt to gain unauthorised access to any part of BommieSurf, its servers or another user's data;
(iii) interfere with or disrupt BommieSurf, or upload malicious code or other harmful content;
(iv) scrape, harvest or systematically extract forecast, tide, score or other data from BommieSurf;
(v) reproduce, distribute, sell or otherwise commercially exploit BommieSurf or its data, or use it to provide a forecast, surf report or similar service to anyone else, whether paid or free;
(vi) reverse engineer, decompile or disassemble BommieSurf, except to the extent a law permits this despite this clause;
(vii) impersonate any person or misrepresent your affiliation with any person;
(viii) share your account credentials with, or allow your account to be used by, anyone else;
(ix) open more than one account to obtain more than one Free Trial or to get around the limits of the free plan; or
(x) use BommieSurf in a way that could damage, disable or impair our servers or networks, including by automated or excessive requests.

7. Your breaks and content

(a) The breaks you save, including their names and locations, and the preferences and alert settings you set (Your Content) remain yours. We do not claim any ownership of Your Content.

(b) You grant us a limited licence to host, store, process, back up and display Your Content solely to provide and support BommieSurf for you, and as otherwise described in the Privacy Policy or required by law.

(c) Your breaks are private to your account. We do not publish them, add them to a public or shared spot list, show them to other users, or sell them. We share them with third parties only as needed to provide BommieSurf (for example, sending a break's coordinates to our forecast providers, as described in clause 8) or as required by law.

(d) You are responsible for the preferences you set. BommieSurf's scores and alerts are only as good as the preferences they are measured against.

(e) On account closure or termination, Your Content and your personal information are deleted in accordance with the Privacy Policy.

8. Forecast data and third-party sources

(a) Swell, wind, weather and sea temperature forecasts, and place search, are supplied by Open-Meteo. Tide predictions are supplied by WorldTides, from the tide station you choose for a break or otherwise from its global tide model, and Open-Meteo's modelled sea level is used when WorldTides cannot answer or does not reach far enough ahead. Map tiles are supplied by OpenStreetMap, Esri and OpenTopoMap. Provider attributions appear in BommieSurf, and you must not remove or alter them.

(b) Forecast and tide data are licensed to us for display in BommieSurf, and you must not extract, collect or on-supply them. We may change data providers, and features may be modified, suspended or withdrawn if a provider's terms or availability change. We do not promise that any forecast, tide or temperature information will remain available.

(c) Forecasts are model outputs for a point in time. They are refreshed periodically and can change between refreshes, and forecasts further ahead are generally less reliable than those for the next few days.

(d) Tide predictions are modelled from the tide station you choose, or the model point nearest to a break, adjusted by any offset you set, and may differ from the official tide tables for that location.

9. Surf, weather and tide disclaimer

Guidance only. Surfing is at your own risk.

(a) All scores, colours, next best sessions, alerts, forecasts, tide predictions and temperatures shown in BommieSurf are provided as a guide only, to help you plan. They are not advice, and they are not a statement that conditions are safe or suitable for you.

(b) A score is our interpretation of third-party forecast data against the preferences you have set. It does not take account of local hazards, rips, currents, reefs and rocks, marine life, water quality, crowds, closures, or your own ability and condition.

(c) Every number in BommieSurf comes from numerical weather and wave models predicting the future, and models are wrong regularly and sometimes badly. The wave models work on grids roughly 9 to 28 kilometres across, so they cannot see a sandbar, a rip, a reef, a rock, a current, a closeout, other people in the water, marine life, or the state you are in that morning. Tide heights are modelled and are not for navigation. Conditions at the coast change faster than any forecast updates. A score of 9 is not a statement that a break is safe, and a score of 1 is not a statement that it is dangerous. You surf at your own risk.

(d) Real conditions in the water routinely differ from any forecast, sometimes significantly.

(e) BommieSurf must not be used for navigation or for any safety-of-life decision. Tide values are model predictions. They are not a substitute for official tide tables or nautical charts, and must not be relied on for navigation, mooring, crossing bars or entrances, or any marine operation.

(f) Surfing is a dangerous activity and you undertake it entirely at your own risk. You are solely responsible for assessing conditions on the day, for your own ability, equipment and physical condition, and for the decision to enter or stay out of the water.

(g) Alerts depend on your device, its operating system and settings, your network and third-party notification services. An alert may be delayed or may not arrive. Do not rely on receiving an alert, or on the absence of one.

10. Intellectual property

(a) All intellectual property in BommieSurf, including the software and code, design, branding, scoring method, data compilations and documentation, is owned by Bluegrass.

(b) These Terms do not transfer any of our intellectual property to you. Your right to use BommieSurf is the licence in clause 6(a).

(c) You must not use our branding, trade marks or product names for any purpose without our prior written consent.

(d) Your Content remains yours, as set out in clause 7.

11. Third-party services

(a) BommieSurf is delivered using third-party services, including Supabase (database and authentication), Vercel (application and website hosting), Open-Meteo (forecast, marine and place search data, and fallback tide data), WorldTides (tide data), OpenStreetMap, Esri and OpenTopoMap (map tiles), Resend (sign-in emails), VentraIP (our support mailbox), Google Firebase Cloud Messaging and Apple Push Notification service (alerts), RevenueCat (subscription status), Apple and Google (app distribution, subscription billing and sign in) and, on our marketing website only, Google Fonts (website typography).

(b) Third-party services are subject to their providers' own terms, and their handling of your information is described in the Privacy Policy.

(c) We are not responsible for the availability, acts or omissions of third-party providers. This does not exclude or limit our own obligations to you under these Terms or the Australian Consumer Law.

12. Consumer guarantees, warranties and liability

(a) Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be provided with due care and skill, will be reasonably fit for any purpose you make known to us, and will be supplied within a reasonable time. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement, and the rest of this clause 12 applies subject to this clause 12(a). If you are outside Australia, this clause 12(a) applies in the same way to any right or remedy you have under a consumer protection law of your own country that cannot be excluded, restricted or modified by agreement.

(b) Subject to clause 12(a), BommieSurf is provided on an "as is" and "as available" basis, and we do not warrant that:

(i) BommieSurf will be uninterrupted, error-free or free of harmful components;
(ii) forecasts, tide predictions, temperatures, scores, sessions or alerts are accurate, complete or current, or that an alert will be delivered; or
(iii) conditions at any break will be safe or as forecast.

(c) Where our liability for failure to comply with a consumer guarantee can be limited under section 64A of the Australian Consumer Law, our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

(d) Subject to clauses 12(a), 12(c) and 12(f), we are not liable for:

(i) loss arising from reliance on a score, forecast, tide prediction, temperature or alert contrary to clause 9;
(ii) injury, death, or loss of or damage to equipment or property arising from surfing or any other water activity you choose to undertake;
(iii) a wasted trip, a missed session, or any other loss arising from conditions differing from a forecast or score;
(iv) loss of Your Content after account closure, or loss caused by events outside our reasonable control; or
(v) indirect or consequential loss, including loss of profits, revenue or opportunity.

(e) Subject to clauses 12(a) and 12(c), our total liability arising out of or in connection with BommieSurf is limited to the greater of the amounts you paid for BommieSurf in the 12 months before the event giving rise to the liability, and 100 Australian dollars.

(f) Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, including liability for fraud.

(g) You remain responsible for the matters in clause 2(e), and our liability to you is reduced to the extent that your acts or omissions caused or contributed to the loss.

13. Suspension, termination and your content

(a) You may stop using BommieSurf and close your account at any time, from Settings in the app or by emailing support@bommiesurf.com. Closing your account does not cancel a Subscription (see clause 5(d)).

(b) We may suspend or terminate your access to BommieSurf if:

(i) you materially breach these Terms and, where the breach can be remedied, you do not remedy it within 14 days after we notify you;
(ii) your use presents a security risk to BommieSurf or its users, or involves unlawful activity, in which case we may suspend your access immediately while we investigate; or
(iii) we discontinue BommieSurf, in which case we will give you at least 30 days' notice.

(c) If we terminate under clause 13(b)(iii), we will refund, or arrange through the Store a refund of, the unused part of any Subscription period you have paid for.

(d) On termination, your licence under clause 6(a) ends and Your Content is handled under clause 7(e). Clauses that by their nature should survive, including clauses 7, 9, 10, 12 and this clause 13, continue after termination.

14. Changes to these Terms and to BommieSurf

(a) We may update these Terms from time to time. The current version, with its version number and effective date, will always be published on our website and in BommieSurf.

(b) Changes that are not material take effect when we publish them, by updating the version and effective date at the top of these Terms.

(c) For a material change that could adversely affect you, we will give you at least 30 days' notice through the app or by email before the change takes effect. If you do not accept the change, you may cancel your Subscription before the change takes effect, and we will refund, or arrange through the Store a refund of, the unused part of any period you have paid for.

(d) When we make a material change, you will be asked to accept the updated Terms in BommieSurf before you continue to use it. If you do not accept them, you may stop using BommieSurf and close your account under clause 13(a).

(e) We may change, add or remove BommieSurf features over time. If a change materially reduces the features of your Subscription, clause 14(c) applies to it.

15. General

(a) These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia. This clause applies wherever you are located, and does not displace any right or remedy available to you under a law of your own country that cannot be excluded, restricted or modified by agreement.

(b) If a dispute arises, please contact us first at support@bommiesurf.com, and we will work with you in good faith to resolve it within 30 days. This clause does not prevent either party from seeking urgent relief from a court, and it does not limit your right to complain to a consumer protection agency at any time.

(c) These Terms, together with the Privacy Policy, are the entire agreement between you and us about BommieSurf and supersede prior agreements and understandings about it. Nothing in this clause 15(c) excludes any liability, or limits any right or remedy, that cannot be excluded or limited at law.

(d) You must not transfer your account or your rights under these Terms to another person without our prior written consent. We may assign these Terms to a related company or to a buyer of the business, provided your rights under these Terms are not reduced, and we will notify you of any assignment.

(e) If the whole or any part of these Terms is void, unenforceable or illegal, it will be severed, and the remainder of these Terms will continue in full.

(f) We will send notices to the email address on your account. You can send notices to us at support@bommiesurf.com. A notice sent by email is effective when sent, unless the sender receives a delivery failure.

(g) If we do not enforce a provision of these Terms, that is not a waiver of it.

16. Apple App Store and Google Play

(a) This clause 16 applies if you download the BommieSurf mobile application from the Apple App Store. Apple's standard Licensed Application End User License Agreement governs your licence of the mobile application itself. These Terms govern your account, your Subscription and your use of BommieSurf.

(b) These Terms are between you and us only, and not with Apple. We, not Apple, are solely responsible for BommieSurf and its content.

(c) Apple has no obligation to provide any maintenance or support services for BommieSurf.

(d) If the mobile application fails to conform to any warranty that applies to it, you may notify Apple, and Apple will refund any purchase price you paid to Apple for that application. To the maximum extent permitted by law, Apple has no other warranty obligation for BommieSurf.

(e) We, not Apple, are responsible for addressing any claim by you or a third party relating to BommieSurf or your possession or use of it, including product liability claims, claims that BommieSurf fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.

(f) If a third party claims that BommieSurf, or your possession or use of it, infringes their intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.

(g) You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.

(h) You must comply with any third-party terms that apply to your use of BommieSurf, such as the terms of your mobile data service agreement.

(i) Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple will have the right, and will be taken to have accepted the right, to enforce them against you as a third-party beneficiary.

(j) If you download the BommieSurf mobile application from Google Play, the Google Play Terms of Service also apply to your download and to any Subscription purchased through Google Play. These Terms are between you and us only, and not with Google.

(k) Google has no obligation to provide any maintenance or support services for BommieSurf and gives no warranty for it. We, not Google, are responsible for BommieSurf, for addressing any claim by you or a third party relating to it, and for any claim that it infringes a third party's intellectual property rights.

(l) Our name, address and contact details for any questions, complaints or claims about BommieSurf are set out under Contact below.

17. Definitions and interpretation

(a) In these Terms:

Apple means Apple Inc.
Australian Consumer Law means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
BommieSurf has the meaning given in clause 1(a).
Bluegrass, we, us and our mean Bluegrass Pastoral Pty Ltd ACN 699 118 226.
Free Trial has the meaning given in clause 4(e).
Google means Google LLC.
Privacy Policy means the BommieSurf privacy policy published on our website and in BommieSurf, as updated from time to time.
Store has the meaning given in clause 5(b).
Subscription has the meaning given in clause 5(a).
Terms means these Terms of Use.
you and your have the meaning given in clause 1(b).
Your Content has the meaning given in clause 7(a).

(b) In these Terms, unless expressly stated:

(i) a word importing the singular includes the plural and vice versa;
(ii) a word importing a gender includes other genders;
(iii) a law is a reference to that law as amended, consolidated or replaced;
(iv) a party to these Terms includes its agents, personal representatives, successors and permitted assigns;
(v) a person includes a natural person, partnership, joint venture, corporation, trust, governmental agency, association or other body corporate;
(vi) a time is a reference to the time in Victoria, Australia; and
(vii) the words "such as" or "including" are not used as words of limitation.

Contact

Bluegrass Pastoral Pty Ltd ACN 699 118 226
Support and notices: support@bommiesurf.com
Postal address: PO Box 772, Cowes VIC 3922, Australia