Terms of Service for AvyObs

Last Updated: December 16, 2024

1. Acceptance of Terms

By accessing or using AvyObs (the "Service") provided by Kellen Busby Software LLC ("we," "our," or "us"), you agree to be bound by these Terms of Service.

2. Description of Service

AvyObs is a notification platform that collects and distributes snow and avalanche observations from various third-party sources, including avalanche.org and North American avalanche centers.

3. Important Safety Disclaimer

AVALANCHE TERRAIN WARNING: Travel in avalanche terrain is inherently dangerous and can result in serious injury or death. Information provided through AvyObs should NOT be the sole basis for making travel decisions in avalanche terrain. Users should:

  • Obtain proper avalanche safety training
  • Consult multiple sources of information
  • Exercise their own judgment when making travel decisions
  • Understand that AI-generated summaries may contain errors or misinterpret original observations

4. Account Registration and Security

You are responsible for:

  • Providing accurate registration information
  • Maintaining the security of your account credentials
  • All activities that occur under your account

5. Subscription and Notifications

  • You may subscribe to notifications from specific avalanche centers
  • You may opt-out of notifications at any time
  • SMS notifications can be stopped using standard stop words
  • We reserve the right to modify or discontinue any part of the Service

6. Intellectual Property and Data Rights

  • Original observation data remains the property of the original observers
  • Observers may request removal of their observations by contacting support@avyobs.com
  • The Service, including its original content and features, is owned by Kellen Busby Software LLC

7. AI-Generated Content Disclaimer

The Service uses artificial intelligence to summarize observations. Users acknowledge that:

  • AI-generated summaries may contain errors
  • Summaries may not fully reflect the original observer's intentions
  • Original source material should be consulted for critical decision-making

8. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any:

  • Direct, indirect, incidental, special, consequential, or exemplary damages
  • Losses arising from your use of or inability to use the Service
  • Decisions made based on information provided through the Service

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. Continued use of the Service after any modifications constitutes acceptance of the new Terms.

11. Termination

We reserve the right to terminate or suspend access to the Service without prior notice for violations of these Terms or for any other reason.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Kellen Busby Software LLC is registered.

13. Contact Information

For questions about these Terms, please contact us at support@avyobs.com.