Storm Recon
Draft for placement only. Pending final version.

Storm Recon

Terms & Conditions

Effective date and last-updated date to be set at publication.

1. Agreement

These Terms & Conditions ("Terms") are a binding agreement between you and Bacon Cheese Frosting LLC, a Wyoming limited liability company ("BCF", "we", "us"), governing your use of the Storm Recon mobile application and any content, data or services delivered through it (together, the "App").

By downloading, installing or using the App you accept these Terms. If you do not accept them, do not use the App and delete it.

2. Storm Recon Is Not an Emergency Service

This is the most important section of this agreement. Read it.

Storm Recon relays severe-weather products issued by the National Weather Service and other official agencies, and suggests possible destinations and driving routes based on them. It does not issue warnings, does not replace any official warning system, and is not an emergency service.

  • Storm Recon is not a substitute for official warnings, NOAA Weather Radio, Wireless Emergency Alerts, local broadcast media, or the instructions of emergency officials.
  • Storm Recon is not a replacement for calling 911 or your local emergency number.
  • Always follow the instructions of local emergency officials. If what the App shows you differs from what they tell you, they are right.
  • Decisions about your safety, your route and your travel remain yours. The App offers information and options; it does not make decisions for you, and you must exercise your own judgment.

3. Licence

Subject to these Terms, BCF grants you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use one copy of the App on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service.

Your purchase grants a licence to use the App. It does not transfer ownership of anything. BCF and its licensors retain all right, title and interest in and to the App, its source code, its design, its content, its trademarks and all associated intellectual property.

You may not, and may not permit anyone else to:

  • copy, modify, translate or create derivative works of the App;
  • reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except where that restriction is prohibited by applicable law;
  • rent, lease, lend, sell, sublicense, distribute or otherwise transfer the App;
  • remove or obscure any proprietary notice, attribution or licence text;
  • circumvent, disable or interfere with any security or access-control feature;
  • use the App, or data obtained through it, to build a competing product or service, or scrape, bulk-extract or redistribute its content; or
  • use the App for any unlawful purpose or in any way not expressly permitted by these Terms.

4. Age Requirement

The App is intended for users 13 years of age or older. The App has no account, registration, login or age gate; by using it you represent that you are at least 13. If you are a parent or guardian and believe a child under 13 has used the App, contact us at the address in §23.

5. No Warranty as to the App, Its Content, or Its Data Feeds

BCF makes no representation, warranty or guarantee of any kind, express or implied, regarding:

  • the App itself;
  • its contents;
  • the contents of any data feed it relies on;
  • the availability of any data feed it relies on; or
  • the availability, performance or coverage of any network used to deliver content to the App.

6. Third-Party Data Sources

Storm Recon depends entirely on data published by third parties, including government agencies and community projects. Those sources set their own availability, accuracy and service standards, and may change, degrade, delay or discontinue their services without notice to us.

BCF cannot and does not guarantee uptime, accuracy, completeness or timeliness of third-party data, and is not responsible for it. Where a source is unavailable to us, it is unavailable in the App. Attribution and licence information for every source appears in the App under Settings → About, and at the attributions page linked in §23. Some third-party data is provided under its own licence terms — including OpenStreetMap data under the Open Database License — which continue to apply to that data.

7. No Service-Level Agreement

BCF does not offer and does not enter into any service-level agreement for the App. We will use commercially reasonable efforts, consistent with good industry practice, to keep the App functioning and available for as long as we offer it. We do not commit to any uptime, latency or response target, and we may modify, suspend or discontinue the App or any feature at any time.

8. Network Connectivity

Storm Recon is built for people travelling and camping in remote places, where mobile network coverage is frequently poor, intermittent or entirely absent.

The App requires network connectivity to retrieve weather products, alerts, routing and destination information. Where there is no network, the App cannot deliver those services, and BCF is not responsible for any consequence of that. Never rely on the App as your only means of receiving severe-weather information, and carry an independent means of receiving warnings — a NOAA Weather Radio is the usual recommendation.

9. Coverage Area

The App's alert coverage is limited to areas served by the United States National Weather Service. Outside that area — including in Canada and Mexico — the App cannot see alerts, and will tell you so rather than indicate that conditions are clear. Coverage may change over time.

10. Weather Is Unpredictable

Weather is inherently uncertain and can behave in ways no forecast anticipates. Forecasts, outlooks, watches, warnings and projected arrival times are estimates produced by third parties, not facts, and may be wrong in timing, location, intensity or direction. BCF makes no guarantee about the weather or about any forecast, projection or estimate presented in the App.

11. Destinations

Destinations shown in the App are third-party locations selected by an algorithm, principally on the basis of their distance from and position relative to a threat, and their suitability for the type of rig you have told the App you are driving.

Their appearance in the App is not an endorsement, recommendation or certification of any kind. BCF makes no guarantee as to any destination's quality, safety, cleanliness, legality, availability, hours, pricing, amenities, accessibility, or its suitability for you. Availability and amenity information comes from third parties and may be inaccurate or out of date. Confirm directly with the destination before relying on it.

12. Routes and Road Conditions

Routes are generated from third-party mapping and routing data and are suggestions, not instructions.

We make reasonable efforts to identify hazards — including road closures, flooded roads and active incidents — using feeds published by public authorities. That identification is neither comprehensive nor guaranteed to be current. Conditions change faster than any feed, and a suggested route may cross a road that is closed, flooded, blocked, unsafe or unsuitable for your vehicle.

You are responsible for the route you drive. Obey all traffic laws, road closures and barricades. Never drive through flood water. We recommend verifying any suggested route against other sources if there is any doubt.

13. Rig Information

The App tailors suggestions using rig characteristics you provide. Road restrictions based on vehicle height, weight, length or hazardous cargo are not applied. You remain responsible for confirming that any route is legal and passable for your vehicle.

14. Purchases, Pricing and Refunds

The App is sold through the Apple App Store. Your purchase is a transaction with Apple and is governed by Apple's terms.

Pricing may change at any time. BCF may offer the App at an introductory, promotional or seasonal discount, and may raise, lower or restore the price at any time in its sole discretion. A later price reduction or promotion does not entitle you to a refund, rebate or credit on a purchase already made.

Refunds are handled by Apple, under Apple's refund policy, not by BCF. BCF does not process refunds and cannot reverse an App Store purchase. Requests should be directed to Apple.

15. How We Use Data

Our collection and use of data is described in our Privacy Policy, linked in §23, which is incorporated into these Terms by reference. In summary, and without limiting it:

  • We use aggregated behavioural and usage data to evaluate and improve the App — including monitoring how it performs during real weather events such as severe storms, floods and wildfires, identifying gaps in its logic, and making improvements. This is engineering and product analysis of aggregate data; the App does not make automated decisions about you.
  • We use aggregated usage and coarse geographic data to understand which parts of the App are used and where, so we can prioritise our work.
  • The App sends a coarsened location to our servers to determine which alerts are relevant to you for notifications. The Privacy Policy explains what is sent, when, and at what precision.

16. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BCF DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT.

BCF does not warrant that the App is free of defects. Software of this kind contains bugs. We will make reasonable efforts to correct defects we identify or that are reported to us, but we do not warrant that any defect will be corrected, that the App will be uninterrupted, secure or error-free, or that any result obtained from it will be accurate or reliable.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BCF AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, PROPERTY, OR FOR PERSONAL INJURY OR DEATH, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BCF'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) FIVE UNITED STATES DOLLARS (US$5.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot lawfully be limited.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The state and federal courts located in Wyoming will have exclusive jurisdiction, and you consent to their personal jurisdiction and venue.

19. Apple-Specific Terms

These provisions apply because the App is distributed through the Apple App Store. Where they conflict with anything else in these Terms, these control.

  1. This agreement is between you and BCF, not Apple. BCF, not Apple, is solely responsible for the App and its content.
  2. Scope of licence. Your licence is limited to a non-transferable licence to use the App on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
  3. Maintenance and support. BCF is solely responsible for any maintenance and support. Apple has no obligation to furnish any maintenance or support services for the App.
  4. Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are BCF's sole responsibility.
  5. Product claims. BCF, not Apple, is responsible for addressing any claims relating to the App or your use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar law.
  6. Intellectual property claims. In the event of a third-party claim that the App or your use of it infringes intellectual property rights, BCF, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
  7. Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
  9. Developer contact. Questions, complaints and claims regarding the App should be directed to BCF at the address in §23.

20. Termination

These Terms apply until terminated. Your rights terminate automatically if you breach them. BCF may modify or discontinue the App at any time. On termination, stop using the App and delete it. Sections 2, 5–7, 10–13 and 15–18 survive termination.

21. Changes to These Terms

We may update these Terms. The current version will always be posted at baconcheesefrosting.com/apps/storm-recon/terms/ with an updated "Last updated" date. Material changes will be identified there. Continued use after a change constitutes acceptance.

22. Severability and Entire Agreement

If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will stay in force. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy, are the entire agreement between you and BCF regarding the App.

23. Contact

Bacon Cheese Frosting LLC
1309 Coffeen Ave Ste 1200, Sheridan, WY 82801, United States
[email protected]