These Terms of Service ("Terms") govern your access to and use of PowderIQ, operated by DarkStar Software LLC ("Company," "we," "us," or "our"). By accessing or using PowderIQ at powderiq.com or through any related applications, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use our service. These Terms apply to all visitors, users, and others who access or use the Service.
PowderIQ is a snow forecasting and mountain intelligence platform designed for skiers and snowboarders. Our service provides:
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice where possible.
To access certain features of PowderIQ, you must create an account. When creating your account, you agree to:
You must be at least 13 years of age to create an account. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or engage in conduct we deem harmful to other users or the platform.
PowderIQ offers both free and paid subscription tiers. Paid subscriptions are billed through Stripe and governed by the following terms:
You agree not to use PowderIQ to:
Violation of these restrictions may result in immediate termination of your account and potential legal action.
The PowderIQ platform, including its design, software, algorithms, data models, logos, and content created by us, is owned by DarkStar Software LLC and protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes (or commercial purposes within the scope of your subscription plan).
You retain ownership of any content you submit to PowderIQ (such as profile information). By submitting content, you grant us a worldwide, royalty-free license to use, store, and display that content solely to provide and improve the Service.
Weather data, snow reports, and forecasting information displayed on PowderIQ may be sourced from third parties including NOAA, Open-Meteo, and other weather data providers, and is subject to their respective terms.
Your use of PowderIQ is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our service, you consent to our collection and use of data as described in the Privacy Policy.
We take data security seriously and implement industry-standard measures to protect your information. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.
You may request a copy of your data or deletion of your account at any time through the Data & Privacy section of your account settings.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the service will be uninterrupted, error-free, or free of viruses or other harmful components. You use the service at your own risk.
PowderIQ is not responsible for decisions you make based on powder scores or forecasting data, including but not limited to travel bookings, equipment purchases, or skiing/snowboarding activities.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARKSTAR SOFTWARE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
Either party may terminate these Terms at any time. You may terminate by deleting your account through account settings. We may terminate or suspend your access immediately, without prior notice or liability, for any reason including a breach of these Terms.
Upon termination:
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
If you have questions about these Terms of Service, please contact us:
We aim to respond to all legal inquiries within 5 business days.