Legal

Terms of Service

These terms set out the rules for accessing SURF NEXT (our websites, apps and forecasts). They reference our Privacy Policy, which covers personal information.

Last updated 6 May 2026

01

Accepting the terms

By visiting SURF NEXT, creating an account, buying a subscription or product, or tapping "I agree" inside the Service, you enter a legal agreement with the Australian business identified below. Stop using the Service if you cannot accept these terms.

02

Who operates SURF NEXT

SURF NEXT is run from Australia under ABN 99 730 285 400. Formal postal details will be listed here once available. Until then, notices and questions should go through in-app Support.

03

When we change these terms

We edit this page as features evolve. The "Last updated" stamp tells you which version is current. Significant changes (anything that shifts fees, liability, or core obligations) will be surfaced in-product or by email where we reasonably can. Continuing to use SURF NEXT after the effective date means you accept the new wording, except where local consumer laws prevent that outcome.

04

Eligibility and account security

You promise you have authority to contract in your place of residence. Businesses and clubs must nominate users who are allowed to bind the organisation.

Keep passwords or magic links private. Anything done through your login is treated as yours unless you tell us promptly via Support about unauthorised access so we can help lock things down.

05

Licence

We grant you a personal, non-exclusive, revocable right to use the Service according to your subscription tier or trial status. That licence stops when these terms end or your account closes.

Without written approval you must not:

  • reverse engineer, scrape, or bulk-download data beyond ordinary browsing, except where statute forbids us from stopping you;
  • probe or attack our infrastructure, bypass rate limits, or interfere with other users;
  • copy our branding, proprietary datasets, or UI components to launch a competing service;
  • resell dashboard access or API-equivalent functionality unless we expressly enable an integration.
06

Forecasting is informational only

Charts, ratings, swell arrows, and alerts synthesise model output and environmental readings. Oceans shift by the hour; models disagree; sensors drift. Nothing we publish is a promise that conditions will match what you see on the beach or reef.

SURF NEXT is not maritime or meteorological advice, medical guidance, or instruction on whether you are fit to paddle out. You alone decide if a spot, tide stage, and forecast suit your ability, equipment, and local rules. Never rely on the Service as your only source before entering the water or travelling offshore.

07

Fees, renewals, and tax

Paid plans show pricing in checkout or account settings. Charges may include GST or VAT-style taxes where we collect them. Stripe or another processor handles card data; their terms apply alongside ours.

Subscriptions renew automatically until you cancel using the controls we provide (or your app store, if you subscribed there). Statutory cooling-off or cancellation rights where you live remain unaffected.

08

Acceptable conduct

Stay within the law and treat other users and our systems respectfully. Examples of what we won't tolerate include:

  • harassment, threats, hate speech, or discrimination;
  • malware, phishing, spam, or scraping that degrades the Service;
  • infringing someone's intellectual property or privacy;
  • uploading unlawful or exploitative material;
  • impersonating SURF NEXT staff or misrepresenting your affiliation with us;
  • cryptocurrency mining on our infrastructure or harvesting user data without consent.

We may preserve records and cooperate with regulators or police when required.

09

Third-party integrations

Maps, calendars, OAuth logins, payment gateways, and marine data feeds belong to their respective vendors. Their uptime, accuracy, and privacy practices are outside our control. Read their documents before connecting a third-party account.

10

Intellectual property

SURF NEXT retains ownership of software, visual design, trademarks, and compilations we create. Third-party materials remain with their owners. Apart from the licence in section 5, these terms grant no ownership rights.

Ideas or feedback you volunteer may be implemented without owing you royalties, unless mandatory law says otherwise.

11

Suspension and termination

We may suspend or delete accounts that threaten security, breach these rules, or expose us to legal risk. You may leave whenever you like. Clauses that logically survive (fees already owed, intellectual property, dispute mechanics, liability caps where permitted) remain in force afterwards.

12

Consumer guarantees (Australia and elsewhere)

Australian consumers receive certain non-excludable guarantees under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Similar protections may apply under the laws of New Zealand, the European Union, United Kingdom, or other countries where you qualify as a consumer. Nothing below limits those non-excludable rights.

13

Disclaimers

Apart from consumer guarantees and other rights that cannot be waived, the Service is supplied "as is" and "as available". We disclaim implied warranties (merchantability, fitness for a particular purpose, quiet enjoyment) to the extent the law allows.

Outages, inaccurate forecasts, or delayed alerts can happen. Plan accordingly.

14

Liability cap

Subject to non-excludable liability, neither SURF NEXT nor our team members are liable for indirect or consequential loss (lost profits, goodwill, data corruption, missed swells) or punitive damages flowing from your use of the Service.

Our aggregate liability for any claim sequence tied to these terms or the Service caps at the fees you paid us in the twelve months before the incident, or AUD $100 if you have not paid anything in that window, whichever is higher, unless a tribunal determines a higher minimum applies under statute.

15

Indemnity

You indemnify SURF NEXT against third-party claims, fines, and reasonable legal costs arising from your misuse of the Service, content you upload, or breach of these terms, except where caused by our deliberate misconduct or sole negligence as finally determined.

16

Disputes and governing law

Contact Support before commencing court action so we have a fair shot at fixing the issue informally. These terms are governed by the laws of Australia. You and we submit to the non-exclusive jurisdiction of Australian courts, while acknowledging that consumers may also bring claims in their home jurisdiction when mandatory rules require it.

17

General matters

If one clause is invalid the rest stay enforceable. Delay in enforcing a right is not a waiver. You cannot assign your agreement without our consent; we may assign it as part of a merger, asset sale, or corporate reorganisation. Events outside reasonable control (natural disasters, war, major cloud outages) excuse delay in performance for their duration.

18

Contact

Questions about these terms belong in Support. Personal-data questions sit in the Privacy Policy.

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Terms of Service | SURF NEXT