Terms & Conditions

Updated 3 January 2025

By accessing or using the BoltWX Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

  • 1. Introduction
    • 1.1 BoltWX (referred to as "the Service") is a web application that provides weather forecasts, avalanche forecasts and information about wildfires via SMS messages, based on GPS location data provided by the user.
    • 1.2 These Terms and Conditions (referred to as "Terms") govern your use of the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
  • 2. Use of the Service
    • 2.1 The Service is intended for personal and non-commercial use only. You may not use the Service for any commercial purposes without obtaining prior written permission from the creators of BoltWX.
    • 2.2 You are solely responsible for obtaining and maintaining the necessary equipment, internet or satellite connection, and other resources required to access and use the Service.
    • 2.3 The Service utilizes GPS location data provided by you. By using the Service, you confirm the accuracy of the GPS location you provided and grant BoltWX permission to access and use this GPS location data for the purpose of providing the Service.
    • 2.4 You understand and acknowledge that the accuracy and availability of the Service may vary. BoltWX provides no warranty or guarantee regarding the accuracy or availability of the Service. You agree to use the Service at your own risk. You acknowledge that it is impossible to accurately predict natural events such as weather, wildfires or avalanches in every instance, and use the data provided by BoltWX with this always foremost in mind. The accuracy or reliability of the data is not guaranteed or warranted in any way and BoltWX disclaims liability of any kind whatsoever, including, without limitation, liability for quality, performance, merchantability and fitness for a particular purpose arising out of the use of, or inability to use, the data.
    • 2.6 Outdoor pursuits including, but not limited to, climbing, mountaineering, skiing, trail running, hiking, kayaking and paragliding are inherently dangerous activities. BoltWX assumes no liability for injury, death or dismemberment incurred in the practice of such activities while utilizing weather or avalanche forecasts delivered by the Service.
    • 2.6 Your cell phone service provider, satellite communicator provider, and/or internet provider may charge you or your recipients additional fees in relation to any SMS/MMS messages, social connectivity messages and/or other emails and/or data sent by you using certain Subscription Services. Please familiarize yourself with any such applicable plans, services and associated fees before using the Service. You are responsible for any such applicable charges and fees.
    • 2.7 Use of the Service requires you to create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at boltwx@gmail.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Service.
    • 2.8 We may suspend or terminate your account and your ability to use any Subscription Service or portion thereof for failure to comply with these Terms or any applicable Service Terms.
    • 2.9 You are and will remain solely responsible for any content that you create, transmit or display on or through the Subscription Services ("User Content") and for the consequences of your actions by doing so. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your User Content. You retain copyright and any other rights you already hold in User Content which you create, transmit or display. To the fullest extent permitted by law, including any Mandatory Consumer Rights, you acknowledge and agree that by creating, posting or displaying any such User Content, you give BoltWX a perpetual, irrevocable, worldwide, royalty-free, and nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any such User Content. Furthermore, you agree that this license includes a right for BoltWX to make such User Content available to other companies, organizations or individuals as required for the provision of Subscription Services.
    • 2.10 AVALANCHE FORECASTS: US and Canadian avalanche forecasts (also known as bulletins) are provided by national, state and provincial avalanche centers and are summarized and delivered by BoltWX. The short-form forecasts delivered by BoltWX are intended for personal and recreational purposes only. You acknowledge that there may be inaccuracies in the translation of avalanche forecasts on BoltWX as a result of compressing the forecast into a short message, and that the BoltWX avalanche messages should only be used as a last resort, when access to official bulletins or forecasts is unavailable. Always confirm the accuracy of a forecast by consulting the official avalanche forecast for your region of interest. Official avalanche forecasts for the regions covered by BoltWX can be found at Avalanche.org (USA) or Avalanche.ca (Canada).

      Avalanche Canada and the various state and national avalanche centers of the United States are in no way affiliated with BoltWX, nor do they endorse BoltWX. Avalanche information is provided "as is" and in no event shall BoltWX or the avalanche centers supplying the forecast data be liable for any damages, including, without limitation, damages resulting from discomfort, injury, or death, claims by third parties or for other similar costs, or any special, incidental, or consequential damages, arising out of the use of the information.
    • 2.11 WILDFIRE INFORMATION: Wildfire data and other information and services provided by the wildfire authorities, including, but not limited to, the British Columbia Wildfire Service and the United States National Interagency Fire Center, via the BoltWX service, are intended for personal and recreational purposes only. You acknowledge that there may be inaccuracies in the translation of wildfire data on BoltWX as a result of compressing the bulletin into a short message, and that BoltWX wildfire messages should only be used as a last resort, when access to official wildfire information is unavailable. Always confirm the accuracy of a forecast by consulting official wildfire information sources for your region. Wildfire information is provided "as is" and in no event shall the providers be liable for any damages, including, without limitation, damages resulting from discomfort, injury, or death, claims by third parties or for other similar costs, or any special, incidental, or consequential damages, arising out of the use of the information.

      Wildfire incident data is updated when practicable and the occurrence of individual fire updates will vary. The information is intended for general purposes only and should not be relied on as accurate, because fires are dynamic and circumstances may change quickly. It is not intended to be used as a risk assessment tool for insurance purposes. Wildfire perimeters for the current fire season, including both active fires and fires that have been declared out, are obtained from various sources. When data becomes available, it is refreshed from operational systems. The levels of current fire activity within the mapped fire perimeters can vary widely, so therefore the data may not reflect the current fire situation. This information should only be used for reference purposes.

      Evacuation data is not currently available outside of British Columbia, Canada. The Province of British Columbia receives Evacuation Orders and Alerts information from local governments and First Nations when it becomes available. The BC Wildfire Service and GeoBC make no warranties or guarantees, either expressed or implied, as to the completeness, accuracy or correctness of the data, nor accept any liability arising from any incorrect, incomplete or misleading information contained therein. Emergency data may not reflect the current emergency situation, and therefore should only be used for reference purposes. For the latest Evacuation Orders and Alerts information, please consult the appropriate local government. The coordinates within the datasets that describe wildfire perimeters are approximate (based on information provided by outside sources and agencies) and are updated when practicable by the provisioning authority. The actual extent of wildfires and treatment areas may be different than what is indicated by the provided coordinates.
    • 2.12 BoltWX introduces new features from time to time, such as avalanche forecasts or wildfire updates. In order to access these features, you must have read and understood the instructions provided by BoltWX. Within these instructions are links to the terms and conditions governing use of these features, which you must agree to prior to using them. You agree and confirm that, while reading the instructions to use these features, you read, understood, and agreed to the terms and conditions related to use of these features and the BoltWX service.
  • 3. Intellectual Property Rights
    • 3.1 The Service, including its software, content, design, graphics, and any other materials provided by BoltWX, are protected by intellectual property laws and are the property of the creators of BoltWX or its licensors.
    • 3.2 You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for personal and non-commercial purposes in accordance with these Terms.
    • 3.3 You may not modify, distribute, reproduce, transmit, sell, license, or create derivative works from any part of the Service without prior written permission from BoltWX.
  • 4. Privacy
    • 4.1 By using the Service, you consent to the collection, use, and disclosure of your personal information for the purposes of operating, maintaining and improving the Service.
  • 5. Limitation of Liability
    • 5.1 To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless BoltWX and its affiliates, licensors, service providers and suppliers and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or in connection with your unauthorized use of the Service and any associated software.
    • 5.2 You agree to indemnify and hold harmless the creators of BoltWX, their affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with your use of the Service or any violation of these Terms.
    • 5.3 BoltWX makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Subscription Services or about the results to be obtained from using the Subscription Services. Any use of the Subscription Services is at your own risk. Changes are periodically made to Subscription Services and may be made at any time. Some Subscription Services (or portions thereof) may be provided by third parties, and BoltWX will not be held responsible for any such Subscription Services (or portions thereof) provided by third parties.
    • 5.4 To the maximum extent allowable under applicable law, BoltWX does not warrant that the subscription services will operate error-free or that the subscription services are free of computer viruses or other harmful goods. If your use of the subscription services results in the need for servicing or replacing equipment or loss of profits or data, BoltWX will not be responsible for those costs.
    • 5.5 To the maximum extent allowable under applicable law, the subscription services are provided on an 'as is' basis without any warranties of any kind. BoltWX, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the implied warranties of merchantability, noninfringement of proprietary or third-party rights, and the warranty of fitness for particular purpose.
    • 5.6 Your use of the subscription services is at your own risk. If you are dissatisfied with the subscription services or with these terms, your sole remedy is to discontinue use of the subscription services. In no event will BoltWX be liable for any damages whatsoever (including, but not limited to, incidental, exemplary, and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the subscription services, whether based on warranty, contract, tort, or any other legal theory, and whether or not BoltWX is advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, in which case such exclusion or limitation applies to the maximum extent allowable under the applicable law.
  • 6. Governing Law and Jurisdiction
    • 6.1 These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.
    • 6.2 Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in British Columbia, Canada.
  • 7. General Provisions
    • 7.1 These Terms constitute the entire agreement between you and BoltWX regarding your use of the Service and supersede any prior agreements or understandings.
    • 7.2 If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the Terms, and the remaining provisions shall remain in full force and effect.
    • 7.3 The failure of BoltWX to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • By accessing or using the BoltWX Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.