OUTGOING TIDE TERMS OF USE Version 2026-09-v1 Effective Date: September 14, 2026 These Terms of Use (the “Terms”) are a legally binding agreement between you and OMLOR BLASER PALLITO TECHNOLOGIES LLC, a Florida limited liability company and the developer and operator of Outgoing Tide (“Outgoing Tide,” the “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of the Outgoing Tide mobile application, website, data displays, alerts, maps, subscription features, advertising-supported features, and related services (collectively, the “Services”). Company contact information: OMLOR BLASER PALLITO TECHNOLOGIES LLC Operator of Outgoing Tide 508 Warbler Road St. Augustine, Florida 32086 Email: support@outgoingtide.com Website: www.outgoingtide.com IMPORTANT NOTICE PLEASE READ THESE TERMS CAREFULLY. SECTION 3 CONTAINS IMPORTANT MARINE-SAFETY WARNINGS. OUTGOING TIDE IS NOT A NAVIGATION, EMERGENCY, OR LIFE-SAFETY SERVICE. SECTION 14 LIMITS THE TOTAL AGGREGATE MONETARY LIABILITY OF THE OUTGOING TIDE PARTIES TO NO MORE THAN THREE THOUSAND U.S. DOLLARS ($3,000), TO THE FULLEST EXTENT PERMITTED BY LAW. SECTION 16 REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION AND INCLUDES A CLASS-ACTION WAIVER AND JURY-TRIAL WAIVER. SECTION 16 ALSO EXPLAINS HOW TO OPT OUT OF ARBITRATION. 1. ACCEPTANCE AND ELECTRONIC AGREEMENT By selecting the acknowledgment checkbox and tapping “Continue,” “Agree and Continue,” or a similar affirmative control, you confirm that: 1. You have had an opportunity to open, read, save, and review these Terms. 2. You have read and accept these Terms. 3. You acknowledge the marine-safety warnings, warranty disclaimers, limitation of liability, $3,000 aggregate liability cap, individual arbitration agreement, class-action waiver, and jury-trial waiver contained in these Terms. 4. You consent to enter into this agreement electronically. 5. You are legally capable of entering into this agreement, or you are accepting it as the parent or legal guardian of a user who is not legally capable of accepting it independently. Your acceptance is effective only after the app successfully records your acceptance of this version of the Terms. Merely viewing the Terms, checking the acknowledgment box without continuing, or using a prior version of the Services does not constitute acceptance of this version. A current copy of these Terms will remain available through the app’s Settings, About, Legal, or similar area and through the Outgoing Tide website. You may retain a copy by saving, printing, or downloading it. If you do not accept these Terms, do not use the Services. You may still use any limited legal, privacy, support, purchase-restoration, and subscription-management functions that the app makes available without acceptance. 2. ELIGIBILITY AND PARENTAL RESPONSIBILITY You must be at least 18 years old or the age of legal majority where you live to accept these Terms independently. If you are under the applicable age of legal majority, your parent or legal guardian must review and accept these Terms for you. A parent or guardian who accepts these Terms is responsible for the minor’s use of the Services. The Services are not directed to children under 13. A child under 13 may not submit personal information to Outgoing Tide without legally valid parental authorization. You may not use the Services if applicable law prohibits you from receiving or using them. 3. INFORMATIONAL SERVICE ONLY; MARINE-SAFETY WARNING 3.1 Planning reference only Outgoing Tide is a general informational and recreational planning tool. It may provide or display information concerning tides, tidal currents, observed water levels, predicted water levels, weather, radar, precipitation, wind, atmospheric pressure, waves, swell, water temperature, daylight, lunar events, solunar periods, fishing conditions, fish species, fishing regulations, maps, alerts, and related subjects. THE SERVICES ARE NOT NAVIGATION EQUIPMENT AND ARE NOT A SUBSTITUTE FOR OFFICIAL NAUTICAL CHARTS, NOTICES TO MARINERS, UNITED STATES COAST GUARD INFORMATION, NATIONAL WEATHER SERVICE WARNINGS, NOAA INFORMATION, EMERGENCY ALERTS, LOCAL AUTHORITIES, PROPERLY MAINTAINED VESSEL INSTRUMENTS, REQUIRED SAFETY EQUIPMENT, PROFESSIONAL INSTRUCTION, LOCAL KNOWLEDGE, OR YOUR OWN OBSERVATION AND JUDGMENT. 3.2 Do not rely on Outgoing Tide as your sole source You must not use Outgoing Tide as your sole or primary source when deciding whether to: - depart, continue, reroute, anchor, dock, cross an inlet, enter offshore waters, or return to port; - operate a vessel, paddlecraft, personal watercraft, vehicle, or other equipment; - swim, dive, surf, fish, hunt, hike, camp, or engage in another weather-dependent or water-dependent activity; - respond to a storm, flood, rip current, high-water event, lightning threat, marine warning, evacuation order, or emergency; or - make any decision involving personal safety, property protection, navigation, rescue, or emergency response. Before beginning or continuing an activity, you are responsible for checking official warnings and forecasts, observing actual conditions, evaluating your route and equipment, complying with applicable law, and choosing a conservative course when information is unavailable, inconsistent, delayed, or uncertain. 3.3 Conditions may differ from displayed information Actual conditions may differ substantially from the information displayed by the Services because of weather, atmospheric pressure, wind, waves, runoff, river flow, coastal geography, bathymetry, station distance, station offsets, equipment failure, sensor outages, model limitations, communications interruptions, reporting delays, software errors, local conditions, and other factors. A displayed tide time is a predicted water-level event at a particular reference station. It does not necessarily identify the time of slack water, strongest current, safest passage, or the corresponding tide stage at a different inlet, creek, channel, marina, shoreline, or offshore location. 3.4 Alerts are supplemental only Push notifications, weather alerts, marine alerts, tide alerts, and other notifications may be delayed, suppressed, duplicated, incomplete, incorrectly configured, unavailable, or not delivered because of device settings, network conditions, third-party failures, operating-system restrictions, battery settings, location settings, or service outages. Never rely on an Outgoing Tide notification as your only warning system. 3.5 Fishing and regulatory information Fishing forecasts, solunar periods, species information, water-temperature ranges, and suggested fishing windows do not guarantee fish activity, lawful harvest, safe conditions, or a successful trip. Fishing and wildlife rules may vary by jurisdiction, location, water boundary, species, season, size, bag limit, gear, license, vessel, and other circumstances. Maps and location results are approximate and are not legal boundary determinations. You are responsible for confirming current requirements with the responsible government agency before fishing, harvesting, retaining, transporting, or possessing wildlife. 3.6 Emergencies Outgoing Tide does not provide emergency assistance and does not monitor your location for rescue purposes. In an emergency, contact the appropriate emergency service or maritime authority using a reliable communication method. 4. DATA SOURCES, ACCURACY, AND AVAILABILITY The Services may obtain information from government agencies, commercial providers, public data services, mapping providers, weather services, marine-data providers, advertising providers, and other third parties. Information may be characterized as observed, measured, preliminary, predicted, estimated, modeled, forecast, historical, interpolated, or calculated. These labels do not mean that information is complete, timely, precise, or guaranteed. Information may be delayed, revised, removed, corrected, reformatted, unavailable, or delivered with errors. A third-party provider may change or discontinue a product or service without notice. Outgoing Tide does not control every source and is not responsible for a provider’s equipment, models, transmissions, availability, accuracy, or decisions. The display of government or third-party information does not imply that the source endorses Outgoing Tide. Outgoing Tide is not affiliated with or endorsed by NOAA, the National Weather Service, the United States Coast Guard, Apple, Google, or another government or third-party provider unless expressly stated in writing. Source names, station identifiers, update times, distances, and observation labels are provided for reference. You remain responsible for confirming that the selected station, forecast point, map location, time zone, unit, datum, and reporting period are appropriate for your intended use. Beta, preview, preliminary, experimental, or newly introduced features may be incomplete, unstable, inaccurate, or withdrawn without notice. 5. LIMITED LICENSE Subject to your compliance with these Terms, Outgoing Tide grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the app and access the Services for your personal, lawful, and noncommercial use. The app is licensed, not sold. No ownership interest in the app, source code, interface, databases, branding, content, or Services is transferred to you. Except where applicable law expressly prohibits the restriction, you may not copy, reproduce, distribute, sell, rent, lease, sublicense, publicly display, commercially exploit, reverse engineer, decompile, disassemble, derive source code from, modify, or create derivative works from the app or Services. Any open-source component included in the app remains subject to its applicable open-source license. 6. PROHIBITED USES You may not: 1. Use the Services unlawfully or to facilitate unlawful conduct. 2. Misrepresent Outgoing Tide data as official, certified, guaranteed, or suitable for navigation. 3. Circumvent or interfere with a subscription entitlement, advertisement, trial restriction, feature limitation, security measure, access control, rate limit, or purchase-verification process. 4. Use automated systems to scrape, harvest, index, copy, monitor, or extract the Services except with our written authorization or as expressly permitted by law. 5. Introduce malware, malicious code, automated traffic, denial-of-service traffic, or other harmful material. 6. Attempt unauthorized access to an account, server, API, administrative interface, source code, database, or nonpublic system. 7. Resell, sublicense, commercially publish, or redistribute the Services or a material portion of their content. 8. Remove or obscure copyright, trademark, attribution, source, disclaimer, or legal notices. 9. Use the Services in a manner that violates boating, fishing, wildlife, privacy, intellectual-property, export-control, or other applicable laws. 10. Use the Services to harass, threaten, defraud, impersonate, or harm another person. 7. LOCATION, DEVICE PERMISSIONS, OFFLINE CONTENT, AND SAVED INFORMATION Certain features may request location, notification, storage, network, advertising, analytics, or other device permissions. You may deny or revoke a permission through your device settings, but doing so may limit nearby-station searches, map centering, alerts, saved locations, offline content, weather displays, or other features. Location results may be approximate. Outgoing Tide does not guarantee that the nearest station is the best or most representative station for your location. Offline content may become outdated after it is downloaded. You must reconnect and verify current information before relying on an offline chart, forecast, regulation reference, saved alert, or other cached information. You are responsible for maintaining backups of information that is important to you. Saved locations, preferences, downloaded materials, and other information may be lost because of device replacement, deletion, corruption, updates, account changes, storage limitations, or service changes. 8. FREE SERVICE, ADVERTISING, PRO SUBSCRIPTIONS, AND TRIALS 8.1 Service tiers Outgoing Tide may offer a free advertising-supported tier, one or more paid subscription tiers, temporary access periods, introductory offers, promotional access, or free trials. Available features, limitations, advertisements, saved-location limits, forecast ranges, offline features, data access, and other differences will be displayed in the app and may change over time, subject to applicable law and app-store requirements. 8.2 Purchase disclosures Before you complete a subscription purchase, the purchase screen will display the applicable price, currency, billing period, trial or introductory period, renewal terms, and material subscription benefits. The information presented by the Apple App Store or Google Play at the time you authorize a transaction is part of your purchase agreement. If a conflict exists between a store-confirmed purchase term and a general description in these Terms, the store-confirmed price, billing period, and offer term control for that transaction. 8.3 Automatic renewal Unless the purchase screen expressly states otherwise, paid subscriptions automatically renew for successive billing periods until canceled. If you accept a free or discounted trial, the trial will automatically convert to the paid subscription displayed during enrollment unless you cancel before the applicable trial deadline. Your app-store account will be charged according to the terms displayed and authorized during purchase. 8.4 Cancellation You must cancel a subscription through the store account used to purchase it or through another cancellation method provided by the applicable store. DELETING OR UNINSTALLING THE APP DOES NOT CANCEL A SUBSCRIPTION. Cancellation normally takes effect at the end of the paid billing period unless the applicable store, applicable law, or your purchase terms provide otherwise. 8.5 Refunds Purchases processed by Apple or Google are subject to that platform’s billing and refund procedures. Outgoing Tide cannot guarantee that a refund request will be approved. Nothing in these Terms limits any refund, cancellation, cooling-off, or consumer right that cannot legally be waived. 8.6 Price and feature changes Subscription prices may be changed only with the notice, consent, and procedures required by the applicable app store and applicable law. We may improve, replace, reorganize, or retire individual features. We will not intentionally misrepresent a subscription’s recurring value. Material changes affecting an active paid subscription will be handled in accordance with applicable law and app-store requirements. 8.7 Purchase restoration and entitlement verification You may be required to use the store’s restore-purchases function or sign in to the account originally used for purchase. Subscription access may be temporarily unavailable while a purchase, renewal, billing retry, refund, revocation, grace period, account hold, or entitlement status is being verified. 9. PRIVACY Our Privacy Policy describes how information may be collected, used, processed, retained, disclosed, and protected in connection with the Services. The current Privacy Policy is available in the app and at www.outgoingtide.com/privacy.html. Your acceptance of these Terms does not eliminate any separate consent requirement imposed by privacy, advertising, location, communications, or children’s-privacy laws. You are responsible for reviewing the Privacy Policy and your device, app-store, location, notification, advertising, and privacy settings. 10. THIRD-PARTY SERVICES, LINKS, AND ADVERTISEMENTS The Services may contain third-party maps, data, software, websites, advertisements, links, embedded content, payment systems, or other external services. Third-party services are governed by their own terms and privacy practices. Outgoing Tide does not control and is not responsible for third-party content, products, representations, availability, security, billing, or conduct. An advertisement or link does not constitute an endorsement. Any communication, transaction, purchase, promotion, or dispute between you and a third party is between you and that third party, subject to applicable law. You must comply with your wireless carrier, internet provider, device manufacturer, app store, mapping provider, and other applicable third-party terms when using the Services. 11. INTELLECTUAL PROPERTY Outgoing Tide’s trademarks, names, logos, icons, original text, interface designs, software, selection and arrangement of content, graphics, databases, and other proprietary materials are owned by the Company or its licensors and are protected by applicable intellectual-property laws. Government and third-party content remains the property of its applicable source or is made available under the source’s applicable terms. No license is granted to use the Outgoing Tide name, logo, trademarks, trade dress, or branding except as necessary to use the Services in accordance with these Terms. If you voluntarily submit feedback, suggestions, or ideas, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use and incorporate that feedback without payment or attribution, provided that this clause does not transfer ownership of personal information or user content unrelated to the feedback. 12. CHANGES, UPDATES, SUSPENSION, AND TERMINATION We may release updates, corrections, security patches, or replacement versions of the app. Certain updates may be necessary for continued operation, security, store compliance, data compatibility, or subscription verification. We may suspend or terminate access when reasonably necessary to: - protect users, providers, or the Services; - address fraud, abuse, security incidents, legal requirements, or technical problems; - respond to a violation of these Terms; or - discontinue a feature or the Services. You may stop using the Services at any time. Stopping use or deleting the app does not independently cancel an active subscription. We may revise these Terms. Material revisions will be presented through the app or another reasonable notice method and may require renewed affirmative acceptance. Revised Terms apply prospectively from their stated effective date unless applicable law permits otherwise. If you decline materially revised Terms while you have an active paid subscription, cancellation, continued access, and any required refund will be handled according to the prior agreement, applicable law, and applicable app-store rules. Sections that by their nature should survive termination, including ownership, disclaimers, liability limitations, dispute provisions, and accrued payment obligations, will survive. 13. DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE OUTGOING TIDE PARTIES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, TITLE, QUIET ENJOYMENT, SECURITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: - THE SERVICES WILL BE CONTINUOUS, TIMELY, COMPLETE, SECURE, OR ERROR-FREE; - ANY TIDE, WATER-LEVEL, CURRENT, WEATHER, RADAR, WIND, WAVE, SWELL, TEMPERATURE, SOLUNAR, FISHING, MAP, REGULATORY, OR ALERT INFORMATION WILL BE ACCURATE OR CURRENT; - A PARTICULAR STATION, FORECAST POINT, MAP LOCATION, OR DATA SOURCE WILL BE APPROPRIATE FOR YOUR LOCATION; - ALERTS OR NOTIFICATIONS WILL BE DELIVERED; - DEFECTS WILL BE CORRECTED; - SAVED OR OFFLINE INFORMATION WILL REMAIN AVAILABLE; OR - THE SERVICES WILL MEET YOUR PARTICULAR NEEDS. NO ORAL OR WRITTEN STATEMENT CREATES A WARRANTY UNLESS EXPRESSLY INCLUDED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS. IN THOSE JURISDICTIONS, THIS SECTION APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 14. EXCLUSION OF DAMAGES AND $3,000 AGGREGATE LIABILITY CAP 14.1 Outgoing Tide Parties For purposes of Sections 13 through 16, the “Outgoing Tide Parties” means the Company and its affiliates, owners, members, managers, officers, employees, contractors, licensors, data providers, advertising providers, payment providers, and service providers. 14.2 Excluded damages TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OUTGOING TIDE PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. This exclusion includes, without limitation, loss of profits, income, business, opportunity, goodwill, use, data, saved information, equipment, property, catch, trip expenses, subscription value, or other economic loss arising out of or relating to: - the Services or these Terms; - your use of or inability to use the Services; - reliance on displayed information; - an inaccurate, delayed, missing, or unavailable forecast, observation, prediction, alert, station, map, regulation reference, or other information; - a third-party service, advertisement, provider, or link; or - a decision to begin, continue, change, or cancel an activity. This exclusion applies regardless of the legal theory asserted and even if an Outgoing Tide Party was advised that a loss was possible. 14.3 Maximum aggregate liability of $3,000 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF ALL OUTGOING TIDE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THE APP, DATA, CONTENT, SUBSCRIPTIONS, PURCHASES, ADVERTISEMENTS, OR THESE TERMS WILL NOT EXCEED THREE THOUSAND U.S. DOLLARS (US $3,000.00). THE $3,000 LIMIT IS A SINGLE AGGREGATE LIMIT FOR ALL RELATED AND UNRELATED CLAIMS COMBINED. IT IS NOT A PER-CLAIM, PER-INCIDENT, PER-DAMAGE-CATEGORY, PER-DEFENDANT, OR PER-LEGAL-THEORY LIMIT. Except where prohibited by law, a court or arbitrator may not award more than $3,000 in total monetary relief against all Outgoing Tide Parties collectively for claims arising from or relating to your use of the Services or these Terms. The limitation applies even if a limited remedy fails of its essential purpose. 14.4 Claims that cannot be limited Nothing in these Terms excludes or limits: - liability for fraud or fraudulent misrepresentation; - liability resulting from an Outgoing Tide Party’s willful misconduct or gross negligence where such liability cannot legally be limited; - liability for death or personal injury to the extent applicable law prohibits limitation; - a legally required refund; - an arbitration fee that the Company is required to pay under applicable arbitration rules; - a statutory attorney-fee award that cannot legally be waived; or - any consumer-protection, privacy, statutory, or other remedy that applicable law does not permit the parties to waive or limit. Where applicable law does not permit a particular exclusion or limitation, that exclusion or limitation will apply only to the maximum extent legally permitted, and the remainder of this Section will continue to apply. 15. INDEMNIFICATION To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Outgoing Tide Parties from third-party claims, liabilities, damages, judgments, penalties, and reasonable expenses arising directly from: 1. Your intentional or unlawful misuse of the Services. 2. Your material violation of these Terms. 3. Your infringement or misappropriation of another person’s rights. 4. Content or information you knowingly submit in violation of law. This obligation does not apply to the extent a claim was caused by an Outgoing Tide Party’s own negligence, misconduct, or violation of law. 16. DISPUTE RESOLUTION, ARBITRATION, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER 16.1 Informal dispute notice Before filing arbitration or a lawsuit, the complaining party must send the other party a written notice describing: - the party’s name and contact information; - the relevant account or transaction, if any; - the facts giving rise to the dispute; - the legal basis of the claim, if known; and - the specific relief requested. Notices to the Company must be emailed to support@outgoingtide.com with the subject line “Legal Dispute Notice” and mailed to: OMLOR BLASER PALLITO TECHNOLOGIES LLC Attn: Outgoing Tide Legal Notice 508 Warbler Road St. Augustine, Florida 32086 The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of a complete notice. Applicable filing deadlines will be tolled during that 30-day period to the extent permitted by law. 16.2 Individual binding arbitration Except for claims listed in Section 16.3, you and the Company agree that any dispute arising out of or relating to the Services, app, content, data, subscription, purchase, advertising, privacy practices, or these Terms will be resolved through individual binding arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, unless the parties agree to another recognized arbitration provider. If the American Arbitration Association is unavailable or unwilling to administer the matter, the parties will attempt to agree on another provider, or a court of competent jurisdiction may appoint one. The arbitration may be conducted through written submissions, telephone, videoconference, or an in-person hearing reasonably accessible to you, as permitted by the applicable rules. The arbitrator may award the same individual relief that a court could award, subject to these Terms and lawful limitations on remedies, including the $3,000 aggregate liability cap where enforceable. 16.3 Exceptions Either party may: - bring an eligible individual claim in small-claims court; - seek temporary or emergency injunctive relief in court to prevent immediate and irreparable harm while arbitration is pending; - bring a claim concerning infringement or misuse of intellectual-property rights in court; or - pursue a remedy that applicable law expressly prohibits from being subjected to arbitration. A small-claims case must remain individual and within that court’s jurisdiction. 16.4 No class or representative proceedings YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. To the fullest extent permitted by law, neither party may participate as a plaintiff, claimant, or class member in a class action, collective action, consolidated action, private-attorney-general action, or other representative proceeding. Unless all affected parties agree in writing, an arbitrator may not consolidate the claims of multiple users or preside over a representative proceeding. 16.5 Jury-trial waiver TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY FOR A DISPUTE REQUIRED TO BE ARBITRATED. For a dispute that lawfully proceeds in court, each party also waives a jury trial to the fullest extent permitted by law. 16.6 Arbitration fees Arbitration fees will be allocated under the applicable consumer arbitration rules. The Company will pay arbitration fees that it is required to pay under those rules or applicable law. Each party will ordinarily pay its own attorneys’ fees unless a statute, these Terms, or the arbitrator permits a fee award. 16.7 Right to opt out You may opt out of Sections 16.2 through 16.6 by sending written notice within 30 days after first accepting these Terms. The notice must contain: - your full name; - the email address or other identifier associated with your use of the Services, if any; - the approximate date you accepted these Terms; - a clear statement that you are opting out of the arbitration agreement; and - your typed or handwritten signature. Send the notice to support@outgoingtide.com with the subject line “Arbitration Opt-Out” or mail it to the address in Section 16.1. Opting out of arbitration will not affect the remainder of these Terms or your ability to use the Services. 16.8 Severability of dispute provisions If a court determines that the class-action waiver is unenforceable for a particular claim or form of relief, that claim or relief will proceed in court after all arbitrable claims are completed, unless applicable law requires otherwise. If another portion of this Section is unenforceable, it will be severed or limited to the minimum extent necessary, and the remaining arbitration provisions will remain effective. 17. GOVERNING LAW AND COURT VENUE Except for the Federal Arbitration Act and mandatory law that applies based on where you live, these Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. A court case permitted under these Terms must be filed in a state or federal court with jurisdiction serving St. Johns County, Florida, except where applicable consumer law gives you a non-waivable right to bring a claim in another location. You and the Company consent to personal jurisdiction in the applicable courts, subject to any non-waivable legal right. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 18. APPLE APP STORE TERMS The following provisions apply if you obtained the app through Apple’s App Store: 18.1 Apple standard EULA Apple’s Standard Licensed Application End User License Agreement applies to the license of the iOS or iPadOS app unless the Company later provides a valid custom EULA through App Store Connect. These Terms govern the Outgoing Tide Services and supplement Apple’s standard EULA. If a direct conflict exists concerning the software license, Apple’s standard EULA controls to the extent of that conflict. 18.2 Parties These Terms are between you and the Company, not Apple. The Company, not Apple, is responsible for the Outgoing Tide Services and their content. 18.3 Maintenance and support The Company is responsible for maintenance and support required under these Terms or applicable law. Apple has no obligation to provide maintenance or support for the Services. 18.4 Warranty and product claims To the extent a warranty cannot be validly disclaimed, the Company is responsible for that warranty and for addressing claims concerning the Services, including product-liability, legal-compliance, consumer-protection, and privacy claims. Apple’s obligations, if any, are limited by Apple’s applicable terms. 18.5 Intellectual-property claims If a third party claims that the app or your use of the app infringes intellectual-property rights, the Company, not Apple, is responsible for investigating, defending, settling, or resolving that claim, subject to applicable law. 18.6 Legal compliance You represent that you are not located in a country or region subject to a United States government embargo or designated by the United States government as supporting terrorism and that you are not listed on a United States government prohibited- or restricted-party list. 18.7 Third-party terms You must comply with applicable third-party agreements when using the app, including the terms of your wireless carrier, internet provider, device manufacturer, and Apple account. 18.8 Apple as third-party beneficiary Apple and its subsidiaries are third-party beneficiaries of the provisions of these Terms that apply to the Apple-distributed app. Upon your acceptance, Apple has the right to enforce those applicable provisions against you as a third-party beneficiary. 19. GOOGLE PLAY TERMS The following provisions apply if you obtained the app through Google Play: 1. These Terms are between you and the Company, not Google. 2. Your use of Google Play and store-billed purchases remains subject to Google Play’s applicable terms. 3. Google is not responsible for providing support, maintenance, warranties, or resolving claims concerning the Outgoing Tide Services. 4. You must use the app only on devices and in a manner permitted by Google Play’s applicable rules. 5. Subscription cancellation and refund requests must be submitted through the methods made available by Google Play unless applicable law provides another remedy. 20. GENERAL TERMS 20.1 Entire agreement These Terms, the Privacy Policy, the purchase terms displayed during a transaction, Apple’s standard EULA where applicable, and any additional terms expressly presented for a particular feature constitute the agreement concerning the Services. If a separate signed agreement applies to your use, that agreement controls to the extent of a direct conflict. 20.2 Severability and reformation If a provision is determined to be illegal or unenforceable, it will be enforced to the maximum extent permitted or modified to reflect its lawful purpose. The remaining provisions will remain effective. 20.3 No waiver Failure to enforce a provision is not a waiver of that provision or the right to enforce it later. 20.4 Assignment You may not assign or transfer these Terms without the Company’s written consent. The Company may assign these Terms in connection with a merger, reorganization, financing, sale of assets, corporate transaction, or transfer of the Services, provided that the assignment does not eliminate non-waivable consumer rights. 20.5 Headings Headings are for convenience and do not limit the meaning of a provision. 20.6 No agency These Terms do not create a partnership, joint venture, employment, fiduciary, franchise, or agency relationship between you and the Company. 20.7 Electronic communications You consent to receive legal notices, purchase communications, service notices, and other records electronically through the app, website, app store, or email address you provide. This does not constitute consent to receive marketing communications where separate consent is legally required. 21. CONTACT INFORMATION Questions, complaints, claims, arbitration opt-outs, and legal notices may be sent to: OMLOR BLASER PALLITO TECHNOLOGIES LLC Operator of Outgoing Tide 508 Warbler Road St. Augustine, Florida 32086 Email: support@outgoingtide.com Website: www.outgoingtide.com For formal legal notices, use the email subject line “Legal Notice.” © 2026 OMLOR BLASER PALLITO TECHNOLOGIES LLC. All rights reserved.
Using the service
Terms of Use
These terms govern your access to the Outgoing Tide website, app, data displays, and related services provided by OMLOR BLASER PALLITO TECHNOLOGIES LLC.
Effective September 14, 2026