TERMS AND CONDITIONS

1. Agreement

These terms and conditions are considered an agreement between the service provider and any user of services provided by Frivind AS. By using this service you are regarded as accepting not only the following terms and conditions, but also the conditions of our data providers listed at the end of these terms and conditions.

2. Definitions

- User: Any persons or company who direct or indirect uses services from Frivind AS.
- Service provider: Frivind AS, registered in Norway, org No 996 408 841 MVA.
- Data provider: All external and internal data providers for the service.
- This site/ the site /this service/ the service: Any information/data/products made available to the user by the service provider. Including but not limited to, forecasts, routing, course proposals, recommendations, data, downloads, gribfiles, pdf files, analyzes, web pages, tabs, illustrations/maps/charts, and programs available for offline use, made available to the user through any communication channels, including but not limited to, the domains and/or sub domains of www.gribfiles.com/ www.raceforecast.com/ www.sailforecast.com/ www.forecastfiles.com/ www.frivind.no/ www.marinaforecast.com, and/or by mail, phone, voice, VHF.
- Forecast data/ other data/ other forecast data: All forecast data available from the service. Including but not limited to forecast charts/maps, point and/or quick forecasts, tables and/or text with forecast information, pdf files, grib files.

3. The user

This service is available for natural persons as end-users only, exept the service available at www.marinaforecast.com who also allow business users. Business to business agreements for other services may be allowed with a written permission from the service provider, in this case the specifications in this permission are considered a part of this agreement. Service provider has no obligations towards users which do not meet the requirements of the section above.

4. The product

Human made forecasts, weather routing, historical analyses
The service includes products as mentioned at the description page of each event/race available at this site, and/or for the individual costumer by mail, telephone or voice. These specifications are regarded as a part of these terms and conditions for the individual user. In the case of differences between individual specifications to a user and this agreement, this agreement will apply and override these specifications. The product only contains information about the services and variables specified for the individual user. If not specified, human made forecasts include the variables average wind speed/direction, significant wave height, cloud cover and precipitation, and course proposals/weather routing are made on the basis of wind, waves and yacht specifications. All products are based at the average conditions for the actual area, micro scale systems and/or local variations are not considered a part of the product/service. Some phenomenaís and systems are not under any circumstances considered as a part of this product/service, including but not limited to, earthquakes, long period ocean waves such as tsunamis, rapid developing systems such as tornadoes/waterspouts. Unless specified for the individual user, the service provider do not deliver services during the official hurricane/tropical cyclone seasons for the actual area, or for areas containing drift/sea ice or icebergs. The service provider reserve the right to deny or end a service at short notice, even if already agreed with the user, if they find the service conflict with this. This does not mean that the service provider find other sailing routes/areas/times of year to be risk free for hurricanes/tropical cyclones/sea ice/drift ice/icebergs. Service provider is not responsible for any harm, damage, loss or personal injuries that should occur as a result of information which is excluded from the service after the section above.

Grib files and other data
This service provides a large number of different atmospheric and oceanographic numerical models. Many of the models are made available for the service provider in the public domain or under a free of charge license. Parts of the data are computed by the service provider with input from the public domain or under a free of charge license. Grib files and other forecast data are numerical products, and the data available at this site is not verified by the service provider or any other institutions or individuals. The run of a model, the connection to the server and/or the server itself may fail from time to time. This implies that not all the described models will be available at all times. Delays and incorrectness may be expected, and should therefore not be regarded as a breach of contract. In cases where a model becomes unavailable to the service provider by internal or external reasons, the service provider has the right to remove this model from the service. If possible, the service provider will try to replace the model with a similar one but there is no guarantee for this. A decrease in the total number of available models of less than 30% is not considered as a breach of this agreement, and the user has no right to claims or paybacks. For a decrease of more than 30% in the total number of available models the user has the right to cancel his subscription and get a refund similar to the prepaid fee for the remaining period if the subscription. The data available at this site can be useful for guidance. However, this site is meant for informational purposes only, it should only be considered supplemental to other official sources for weather information, and shall never replace official weather forecasts. Many of the available models are not adapted to capture tropical systems and hurricanes. Consequently, gribfiles shall not replace data from official sources for tropical systems.

5. Availability of the service/the product

The service/the product may become temporary delayed and/or unavailable because of network/server faults and/or human factors. Shorter delays and/or unavailability of less than 6 continues hours are considered as minor breach of the agreement and give the user no right to payback under any circumstances. For delays and/or unavailability over 6 continues hours the user has right to a payback equal to the fee for the service in this period. The userís rights to payback from the service provider because of unavailability and/or delays are under any circumstances limited to the fee the user has paid for using the service in the affected period. Users who not have payed a fee for using the service, including but not limited to users of a public available forecasts at www.marinaforecast.com, has no right to any payback under any circumstances.

6. Payment, user registration and traffic log

Online signup to www.gribfiles.com and/or www.raceforecast.com
The fee paid by the user to access www.gribfiles.com is for customizing the files and communicating them to the user. Online payments for all services are made at/by an external provider, Paypal, and credit card information will be given and/or stored at this external provider. The service provider has no access, nor responsibility for this credit card information. User personal information is stored at a server hosted by the service provider. The service provider logs the siteís data traffic, which includes IP addresses, user information and grib downloads. None of this data will be sold or redistributed in any way. Unfortunately break-in to servers/networks may be possible. In the case of any data is taken/stolen from the service providers servers/network the service provider disclaims all responsibility for this lost data.

Other services
Payment for the service will be completed as described for the individual costumer by mail, telephone or voice. These specifications are regarded as a part of these terms and conditions for the individual user. In cases of online payment, payments for all services are made at/by an external provider, Paypal, and credit card information will be given and/or stored at this external provider. The service provider has no access, nor responsibility for this credit card information.

7. Termination

Online signup to www.gribfiles.com and/or www.raceforecast.com
No termination of prepaid services is allowed. If the service provider closes down the service, this will be warned 2 months in advance by email to all users. Prepayment for this period will be refunded for the affected users.

Other services
Pre and postpaid forecast and routing services can be terminated without fee until the agreed start date of the service. If this service includes preparations for area analyses or model setup, which already have been done at the time of termination, these preparation services has to be paid in full. Package deals for forecast and routing services can be terminated for a fee of 50 euro until the start of the first agreed voyage. For termination between the start of the first, and end of the last, agreed voyage the following rules apply: The number of forecast the user has received prior to termination will be multiplied by the applicable retail prices, and the user has to pay this amount (called retail price) in full. If the already prepaid amount is larger than the retail price, the user will get a refund of the intermediate amount. If the already prepaid amount is less than the retail price the user will have to pay this excess amount. If the service provider closes down the service, this will be warned 2 months in advance by email to all users. Prepayment for this period will be refunded for the affected users. The service provider reserve the right to deny or end a service, even if already agreed with the user, if they find the sailing route/time of year or decisions made by the user to be unsafe. This does not mean that the service provider find other sailing routes or decisions to be safe.

8. Redistribution, unlawful and prohibited use

The users username and password are strictly personal. Data accessible through the site should never be resold, redistributed or republished in any way. By employing this service, you guarantee that you will neither make use of the service in any way contradictory to these terms and conditions, nor for any purpose that is unlawful or that could harm the site. Such employment is considered a fundamental breach of contract, which gives the service provider the right to terminate the userís access to the service without further notice.

9. Risk and liability Ė disclaimer

Human made forecasts, weather routing and course proposal
Although the service provider works hard to make an accurate forecast, this does not guarantee conformity with the coming conditions. The accuracy of forecasts decreases with time, and a long term forecast will therefore have a lower degree of accuracy. The provider specifies that the actual conditions, including but not limited to, wind, weather and waves in many cases will not be as forecasted. The forecast must only be regarded as a proposal for expected conditions. Course proposals, including but not limited to weather routing, are only imprints from the available data on the basis of the forecasted wind and wave conditions. We do not guarantee that these course proposals will be the best choices in a retrospective view.

All products and services from the service provider are for illustrative purposes only, and all decisions before and during the voyage are entirely up to the user and/or the boat's skipper. This applies both to the choice of sailing route, departure time and sailing courses on the way. Any decisions made on the basis of information from this service, is entirely at the users own risk. The service provider, and any of the external data providers, is therefore not responsible for any harm, damage, loss or personal injuries, that may occur as a direct or indirect cause of the employment of the information from this service. The userís right to payback is under any circumstances limited by the value of the userís paid fee for the service in the affected period. Users who not have payed a fee for using the service, including but not limited to users of a public available forecasts at www.marinaforecast.com, has no right to any payback under any circumstances.

The service provider will under no circumstance be responsible for any harm, damage, loss, personal injuries or delays caused by an impediment beyond his control which he could not reasonably be expected to take into account at the time the service was provided or to avoid or overcome the consequences of. Such circumstances include, but are not limited to, earthquakes, long period ocean waves such as tsunamis, rapid developing systems such as tornadoes/waterspouts.

Grib files and weather data
There is no guarantee that the gribfiles and/or other forecast data will conformity with the coming conditions. The accuracy of forecasts decreases with time, and a long term forecast will therefore have a lower degree of accuracy. The provider specifies that the actual conditions, including but not limited to, wind, weather and waves in many cases will not be as described in the gribfiles and/or other forecast data. The gribfiles and/or other forecast data must only be regarded as a proposal for expected conditions. Some grib viewers at the market do not use the grib standard available from this service. It is the userís responsibility to check that the data is displayed the right way. As inaccuracies and delays may be expected, the user is always responsible to evaluate the data and back them up with forecast from official sources. Critical decisions shall never be based on gribfiles and/or other data from this service.

All products and services from the service provider are for illustrative purposes only, and all decisions before and during the voyage are entirely up to the user and/or the boat's skipper. This applies both to the choice of sailing route, departure time and sailing courses on the way. Any decisions made on the basis of information from this service, is entirely at the users own risk. The service provider, and any of the external data providers, is therefore not responsible for any harm, damage, loss or personal injuries, that may occur as a direct or indirect cause of the employment of the information from this service/this site. The userís right to payback is under any circumstances limited by the value of the userís paid fee for the service in the affected period. Users who not have payed a fee for using the service, including but not limited to users of a public available forecasts at www.marinaforecast.com, has no right to any payback under any circumstances.

The service provider will under no circumstance be responsible for any harm, damage, loss, personal injuries or delays caused by an impediment beyond his control which he could not reasonably be expected to take into account at the time the service was provided or to avoid or overcome the consequences of. Such circumstances include, but are not limited to, earthquakes, long period ocean waves such as tsunamis, rapid developing systems such as tornadoes/waterspouts.

10. Modifications

The service provider reserves the right to change these terms and conditions. The user shall therefore regularly check these terms and conditions for updates.

11. Applicable law and disputes

This agreement is complemented by Norwegian law. Any breach of these terms and conditions or other conflicts related to the use of this service, shall be governed by the laws of Norway. The Parties shall seek to resolve any disputes amicably. However, if attempts of amicable settlements fail, claims shall only be brought before Norwegian courts.

12. Terms and conditions of external data providers

By using this service you also accept the terms and conditions available at the links below:
Environment Canada
Met.no
MyOcean
BSH
NOAA
USGODAE
Map data
Offline installer