Tide Alerts - Terms and Conditions of Service

Effective Date: August 8, 2025

By clicking “I Agree” or by accessing or using the tidealerts.com service and equipment provided by Sentient Things, Inc. (“Sentient Things”), you (“Customer”) agree to the following Terms and Conditions:

1. Services Provided

1.1 Lease of tide gauge hardware for the duration of the subscription.

1.2 Access to real-time and recent tide data.

1.3 Tidal forecasts after at least six weeks of valid tidal data has been collected.

2. Data License and Ownership

2.1 Usage Rights: While your subscription is active and paid, you may access and use the data for internal personal or organizational purposes.

2.2 Restrictions: You may not sell, republish, redistribute, or sublicense any tide data, forecasts, or calendars.

2.3 Ownership: All data remains the property of Sentient Things.

2.4 Tidal Coefficients Restriction: You may not extract, derive, analyze, or publish tidal coefficients from the provided data, nor may you use published tidal coefficients provided by Sentient Things for any non-personal or commercial purpose, including but not limited to scientific publication, software development, forecasting services, or data resale.

3. Equipment

3.1 Sentient Things provides the equipment for use during your subscription.

3.2 You are responsible for installing the equipment according to provided guidelines.

3.3 Sentient Things will replace failed equipment during the active subscription unless failure is due to misuse or improper installation.

3.4 Sentient Things reserves the right not to replace the equipment and to cancel the service if the equipment is damaged due to causes including but not limited to: acts of God, fire, lightning, hurricanes, floods, earthquakes, vandalism, theft, war, terrorism, or other external events beyond the control of Sentient Things.

3.5 You are responsible for returning failed or leased equipment to Sentient Things at your expense. If equipment is not returned within 45 days of the end of the agreement, you may be charged a fee of $2000.

4. Fees and Payment

4.1 Subscription fees must be paid annually in advance.

4.2 Failure to pay may result in service suspension or termination.

4.3 All applicable taxes are your responsibility.

5. Disclaimers

5.1 Data and forecasts are provided “AS IS” and “AS AVAILABLE.”

5.2 Sentient Things makes no guarantees regarding the accuracy, completeness, or availability of the service.

5.3 No warranties are made, including implied warranties of merchantability or fitness for a particular purpose.

6. Limitation of Liability

6.1 Sentient Things is not liable for any indirect, incidental, or consequential damages.

6.2 We are not responsible for how you use the tide data or for any losses that result.

6.3 Our total liability is limited to the amount you paid in the last 6 months.

7. Term and Termination

7.1 This agreement remains in effect while your subscription is active.

7.2 Either party may cancel with 30 days’ written notice.

7.3 Upon termination, equipment must be returned and data access ends. No refunds for unused time.

8. Indemnification

8.1 You agree to indemnify and hold harmless Sentient Things from any claims, damages, or losses arising from your use of the service or your violation of these terms.

9. General Terms

9.1 Governing Law: Massachusetts law governs this agreement.

9.2 Force Majeure: We are not responsible for delays caused by uncontrollable events.

9.3 Assignment: You may not transfer this agreement without our written consent.

9.4 Modifications: Sentient Things reserves the right to update or modify this agreement at any time. Continued use of the service after changes are posted constitutes acceptance of the revised terms. Material changes will be communicated via email or through the tidealerts.com or sentientthings.com platform.