Terms of Service

Effective Date: January 11, 2025

These Terms of Service (hereinafter referred to as the "Terms") apply to all features and content provided by Shearwater Data LLC (hereinafter referred to as "we," "us," or the "Company") through its official website (https://www.shearwatergames.com) and affiliated services (hereinafter collectively referred to as the "Services").

These Terms strictly comply with the requirements of Sections 17600-17606 of the California Business and Professions Code (concerning disclosure requirements for automatic renewal subscriptions), Section 1549.5 of the California Civil Code (concerning consumer rights protection), and other relevant California laws. The purpose is to define the rights and obligations between users and the Company while safeguarding the legitimate rights and interests of California residents (hereinafter referred to as "you").

I. Scope of Services and User Eligibility

1. Scope of Services

The Company provides data management tools, analytical platforms, subscription-based services, and customized solutions through its website. Specific service content is subject to real-time display on the website. The Company reserves the right to adjust the scope of services at any time and will notify users through website announcements, email, or pop-up notifications.

2. User Eligibility

You must be at least 18 years old and possess full civil capacity, or use the Services with the consent and representation of a legal guardian. By using the Services as a California resident, you accept these Terms. The Company reserves the right to deny access to any user who violates California laws or these Terms.

II. Intellectual Property and Usage Restrictions

1. Intellectual Property Ownership

The Company owns all intellectual property rights related to the Services, including but not limited to software, databases, trademarks, and content. You are granted a limited, non-exclusive, non-transferable license to use the Services. Reverse engineering, reproduction, modification, distribution, or any other unauthorized use is strictly prohibited.

2. Usage Restrictions

You shall not abuse the Services (e.g., through crawlers, hacking, or distributing malware), infringe on the rights of others, engage in illegal activities, or disrupt the normal operation of the Services. Violators will be held legally responsible and compensate the Company for any losses incurred.

III. Disclaimer and Limitation of Liability

1. Disclaimer

The Services are provided "as is" without any warranties of non-interruption, error-free operation, or absence of defects. The Company assumes no liability for third-party content, links, or user conduct. Service interruptions caused by force majeure (e.g., network failures, natural disasters) do not entitle users to compensation.

2. Limitation of Liability

In no event shall the Company be liable for indirect, punitive, incidental, or consequential damages (e.g., lost profits, data loss). The total liability of the Company shall not exceed the amount paid by you for the Services in the preceding 12 months.

IV. Data Privacy and Security

1. Data Collection and Use

The Services may collect your personal information and behavioral data. For detailed rules, refer to the Privacy Policy. The Company commits to processing data only to the extent necessary and in compliance with California privacy laws.

2. Data Breach Notification

In the event of a data breach, the Company will notify affected users via email, website announcements, or SMS within 72 hours, as required by California law, and cooperate with regulatory investigations.

V. Dispute Resolution and Governing Law

1. Dispute Resolution

Disputes shall first be resolved through friendly negotiation. If negotiation fails, disputes may be submitted to the Superior Court of Santa Clara County, California, or resolved through arbitration (using American Arbitration Association rules) as mutually agreed.

2. Governing Law

These Terms are governed by California law without regard to its conflict-of-law principles. The invalidity of any provision shall not affect the validity of the remaining terms.

VI. Amendment and Notification of Terms

The Company reserves the right to review these Terms at least annually. Material amendments (e.g., changes to the scope of services or liability limitations) will be announced 30 days in advance via website announcements, email, or pop-up notifications. Continued use of the Services constitutes acceptance of the amended Terms. Historical versions are accessible in the "Terms Archive" section of the website.

VII. California-Specific Rights

1. Automatic Renewal Protections

California residents are entitled to clear disclosures, cancellation rights, and refund protections for automatic renewal subscriptions, in strict compliance with the California Automatic Renewal Subscription Act.

2. Consumer Rights

You have the right to request a written copy of the contract, opt out of mandatory arbitration clauses (for certain disputes), and file complaints with the California Attorney General’s Office.

VIII. Contact Us

For inquiries regarding these Terms or the Services, please contact:

- Email: [email protected]

- Phone: 1-971-363-5655 (Monday-Friday, 9:00 AM-5:00 PM PST)

All interpretations of these Terms are reserved by Shearwater Data LLC and shall be governed by California law.