Terms of Use

The short version: SunsetCrew is a forecast, not a promise. Use your own judgement about where you go and when, especially near water, cliffs, roads and the dark. If the app is wrong — and it will sometimes be wrong — that is a missed sunset, and not, in the ordinary case, a claim against anyone. Section 4 says where that stops, because there are things nobody is allowed to contract out of.

The rest of this page says the same thing in the form the law expects. It is an agreement between you and Drake Martinet ("we", "us"), of California, United States. By using SunsetCrew you accept it.

1. What the app does, and what it cannot do

SunsetCrew predicts the time and likely quality of sunsets using public weather forecasts and astronomical calculation. Sunset times are astronomy and are reliable years ahead. Everything about the sky is a prediction built on someone else's weather model.

Weather forecasting is uncertain, and this app inherits all of that uncertainty and adds its own. It will tell you an evening looks good and be wrong. It will stay quiet on an evening that turns out beautiful. It has done both during development and it will do both after release. We work to make it wrong less often; we do not represent that it will be right. Not on any given evening, and not over a season.

Sunset quality is subjective. We think any sunset you can catch is a good one, and we made an app to help you catch more of them. But plenty of things no app could predict will shape what you make of a given evening, and we do not guarantee you will like one sunset more than another. We just think they are worth seeing, and that more people should see more of them.

2. Go outside sensibly

Watching a sunset means being outdoors, usually near the end of the day, often somewhere with an open western horizon — which in practice means beaches, cliffs, overlooks and high ground, in fading light.

You are responsible for your own safety and for the decisions you make about where to go, how to get there, and when to leave. SunsetCrew does not know about tides, surf, cliff edges, trail conditions, road conditions, traffic, wildlife, weather hazards, private property, park closing times, or how dark it will be on your way back. It only knows what the sky above a rounded grid square is likely to do.

Do not use this app while driving. Do not let a notification hurry you. Nothing this app says is worth rushing for — that is both a design principle and a term of use.

3. Disclaimer of warranties

SunsetCrew is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by law, we disclaim the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not warrant that the app will be uninterrupted, timely, secure or error-free, that notifications will be delivered, that forecasts will be accurate, or that defects will be corrected. Notification delivery depends on Apple's systems and on your network and device settings, none of which are ours.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent permitted, and you may have rights that this section cannot remove.

4. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill, arising out of your use of or inability to use SunsetCrew — including any injury, loss or damage arising from travelling to or being at a place in order to watch a sunset.

Where liability cannot be excluded, our total aggregate liability is limited to the greater of the amount you have paid us for SunsetCrew in the twelve months before the claim, or twenty-five United States dollars.

The limitations above apply to the fullest extent the law of your state allows, and nothing in them excludes liability for fraud, willful injury, or violation of law where that exclusion is prohibited.

5. Age and capacity

You must be old enough to form a binding contract where you live — 18 in most states — or be using SunsetCrew with the permission of a parent or guardian who accepts these terms on your behalf. The app is not directed at children.

6. Your licence to use the app

We grant you a personal, non-exclusive, non-transferable, revocable licence to use SunsetCrew on any Apple-branded device you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. You may not copy, modify, reverse engineer, resell or redistribute the app, or use it to build a competing forecast service, except where that restriction is prohibited by law.

We own SunsetCrew — its code, design, written material and name. Using the app does not transfer any of that to you.

7. Apple

These terms are between you and us, not between you and Apple. Apple has no obligation to provide support for SunsetCrew. If the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to it.

We, not Apple, are responsible for any claim that SunsetCrew fails to conform to a legal or regulatory requirement, for product liability claims, and for claims arising under consumer protection or similar law. We, not Apple, are responsible for investigating, defending, settling and discharging any claim that SunsetCrew infringes a third party's intellectual property.

You represent that you are not located in a country subject to a US Government embargo or designated as a terrorist-supporting country, and that you are not on any US Government list of prohibited or restricted parties.

Questions, complaints or claims about SunsetCrew should be directed to hello@sunsetcrew.app.

Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

8. The calendar feed

If you subscribe to a SunsetCrew calendar, the link contains the approximate coordinates of the place it describes, and your calendar provider fetches it from its own servers. If you share that link, forward an invitation containing it, or publish a calendar built on it, you are sharing roughly where you watch sunsets. That is your decision to make and your responsibility once made. The privacy page explains the mechanics.

9. Things you send us

We ask for bug reports, and for evenings we got wrong — that feedback is how the forecast improves. If you send us ideas, reports or suggestions, you grant us a worldwide, royalty-free, perpetual licence to use them in developing SunsetCrew, with no obligation to compensate you and no expectation of confidentiality. Please do not send us anything you consider confidential or proprietary.

10. Weather data

Weather forecasts come from Open-Meteo, whose data is published under the Creative Commons Attribution 4.0 licence (CC BY 4.0). Weather data by Open-Meteo.com. The data licence and the terms governing access to their service are two separate things, and we comply with both. Their forecasts carry their own accuracy limits, and we make no representations on their behalf.

11. Paid features

SunsetCrew has no purchases. If paid features are added, these terms will be updated before that happens and will say how they are sold. Anything sold through the App Store is subject to Apple's payment and refund policies rather than ours.

12. Changes, and ending this

We may change these terms, and we expect to — the app will gain features, and some of them will need terms that do not exist yet.

A material change is shown to you in the app and asks you to acknowledge it, rather than taking effect because you happened to keep using the app. The privacy page makes the matching promise about what we collect: you hear it in the app before it happens, and where the law requires consent, you are asked. Corrections and clarifications change the version and date at the top without interrupting you.

If a change is one you are not willing to accept, deleting the app ends this agreement, and the privacy page explains how to remove anything we hold.

You can end this agreement at any time by deleting the app. We may suspend or end your access if you use SunsetCrew unlawfully or in a way that damages the service for others.

13. Governing law and disputes

These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute will be brought in the state or federal courts located in San Diego County, California, and you and we consent to that jurisdiction.

There is no arbitration clause and no class action waiver in these terms, and that is deliberate rather than an oversight. SunsetCrew is free today, liability is capped at twenty-five dollars or whatever you have paid us, whichever is greater, and mandatory arbitration would buy little while costing the plain dealing the rest of this page is written for. If that changes, it will be a material change under section 12.

14. If part of this does not hold

If any provision is found unenforceable, the rest continues in force and the unenforceable part is applied to the maximum extent permitted.

15. Transfer, and the rest of the small print

Transfer. We may assign these terms, in whole or in part, to anyone who acquires SunsetCrew or the business that runs it. The privacy page describes what happens to your data in that event, including the one case — an insolvency, where a trustee sets the terms — in which we would not be the party imposing them. You may not assign these terms or your rights under them to anybody else.

This is the whole agreement. These terms, together with the privacy page, are the entire agreement between you and us about SunsetCrew, and they replace anything said before. That is not an attempt to disclaim what we have told you: nothing in this paragraph limits your rights as a consumer, and nothing in it excludes our responsibility for a statement we made that was misleading.

Not enforcing something once does not give it up. If we do not enforce a provision on one occasion, we keep the right to enforce it later.

Things outside anyone's control. We are not liable for a failure or delay caused by something beyond our reasonable control — an outage at Apple, Cloudflare or our weather provider, a network failure, an act of government, or a natural disaster.