Terms of Service for Fog-Index

Last Updated: February 23, 2026

Agreement to Terms

By accessing or using Fog-Index ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

Eligibility and Account Responsibilities

• You must be at least 13 years old to use Fog-Index
• You must provide accurate account information
• You are responsible for safeguarding your login credentials and account activity
• You may not share your account with others
• If you suspect unauthorized access, contact support@fog-index.com promptly

Description of Service

Fog-Index is a fog forecasting service for photographers and outdoor users. The Service includes:

• Fog likelihood forecasts based on third-party weather data and Fog-Index scoring models
• Email alerts for saved locations
• Daily digest emails for eligible paid/trial plans
• In-app forecast views and fog map features based on plan entitlements

No Safety-Critical Use

Fog-Index is not a public safety, emergency response, aviation, maritime, transportation, medical, or mission-critical system. You are solely responsible for your decisions and actions.

Plans, Trials, and Billing

Fog-Index currently offers plan-based access:

• Scout (free): 1 saved location, email alerts, fixed threshold behavior
• Chaser (paid/trial): up to 5 saved locations, expanded forecast horizon, additional in-app features
• Pro (paid): up to 15 saved locations, extended forecast horizon, expanded map/features

Plan details may change over time and are described on the pricing page.

Trials

Eligible users may receive a trial. Unless you start a paid subscription, your account may revert to the free plan when the trial ends.

Paid Subscriptions

• Paid plans are billed through Stripe
• Subscriptions renew automatically unless canceled
• You can manage or cancel through your account settings and Stripe customer portal
• Canceling stops future renewal and keeps paid access active through the end of the current billing period
• Except as required by law, payments are non-refundable, including annual payments
• You are responsible for any applicable taxes

If you cancel an annual plan, you retain access through the rest of the paid annual term and do not receive a prorated refund unless required by law.

Promotional and Retention Offers

Fog-Index may offer limited promotional, referral, upgrade, or retention discounts to eligible users. These offers have no cash value, are non-transferable, may be limited by account or billing history, and may not be combined with other discounts unless explicitly stated.

Retention offers may be limited to once per account in a rolling 365-day period. Fog-Index may modify, suspend, or end promotional offers at any time, subject to applicable law.

Referral Program

Fog-Index may offer referral discounts and account credits. Referral discounts are available only for eligible new paying customers and apply to the referred customer's first Chaser or Pro payment. Referrers earn account credit only after the referred customer's first payment clears.

• Referral credit has no cash value, is non-transferable, and applies automatically to future Stripe invoices
• Self-referrals, duplicate accounts, fraud, abuse, refunds, and chargebacks may disqualify or reverse rewards
• Fog-Index may cap, modify, suspend, or end the referral program at any time

Notifications and Communications

• Fog-Index sends service emails, including alerts, digests (where available), and account notices
• Delivery timing is not guaranteed and may fail due to factors outside our control
• You are responsible for keeping contact information and settings current
• SMS/push delivery may be added in the future but is not currently guaranteed or broadly available

Acceptable Use

You agree not to:

• Use the Service for illegal purposes
• Attempt unauthorized access to systems, accounts, or data
• Interfere with or disrupt Service operations
• Scrape, crawl, copy, or harvest Service data by automated means without written permission
• Resell or redistribute forecasts/content without written permission
• Reverse engineer or attempt to extract source code, models, or scoring logic
• Circumvent plan limits, rate limits, or security controls

Third-Party Services and Data Sources

Fog-Index relies on third-party services and data providers, including Open-Meteo, Tomorrow.io, NOAA/NWS, Firebase/Google Cloud, Stripe, and Resend. Fog-Index is not responsible for third-party outages, delays, or data inaccuracies.

Intellectual Property and License

• Fog-Index branding, software, models, and content are owned by Fog-Index or its licensors
• Subject to these Terms, you receive a limited, non-exclusive, non-transferable, revocable license to use the Service
• You retain ownership of data you submit, such as saved location names and settings
• You grant Fog-Index a limited license to process submitted data to operate and improve the Service

Suspension and Termination

By You

• You may stop using the Service at any time
• If you want your account and associated data deleted, contact support@fog-index.com

By Fog-Index

We may suspend or terminate access if you violate these Terms, abuse the Service, fail to pay fees when due, create legal/security risk, or when needed to protect the Service or other users.

Warranty Disclaimer

To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, express, implied, statutory, or otherwise.

Limitation of Liability

Indemnification

You agree to indemnify, defend, and hold harmless Fog-Index and its operators, affiliates, and service providers from claims, losses, and expenses arising from your use of the Service or violation of these Terms.

Dispute Resolution; Arbitration; Class Action Waiver

Informal Resolution First

Before filing a claim, contact support@fog-index.com and attempt informal resolution for at least 30 days.

Binding Arbitration

Except for qualifying small claims and certain injunctive intellectual property claims, disputes are resolved by binding individual arbitration, not in court.

Class Action Waiver

You and Fog-Index agree to bring claims only in an individual capacity and not as part of a class, collective, representative, or private-attorney-general action.

Opt-Out

You may opt out of this arbitration/class-action section within 30 days of first accepting these Terms by emailing support@fog-index.com with subject line "Arbitration Opt-Out" and your account email.

Governing Law

This arbitration section is governed by the U.S. Federal Arbitration Act. For disputes not subject to arbitration, these Terms are governed by the laws of the United States and the state where Fog-Index is based, without regard to conflict-of-law principles.

Changes to Terms

We may update these Terms from time to time. Material changes may be communicated by website notice, email, or by updating the "Last Updated" date. Continued use after changes take effect constitutes acceptance.

Miscellaneous

• If any provision is unenforceable, remaining provisions remain in effect
• Fog-Index may assign these Terms in a merger, acquisition, reorganization, or asset sale
• Failure to enforce a provision is not a waiver
• These Terms and the Privacy Policy are the entire agreement regarding the Service

Contact Us

Questions about these Terms? Contact us at: support@fog-index.com