AyWOS — Terms of Use

Version 3.0 · Effective 2026-10-22

*What changed in version 3.0: the Service is now provided by AyWOS LLC, a Michigan limited liability company, and these Terms are between you and AyWOS LLC. The AyWOS software and name are owned by Infinity Stone Capital LLC and licensed to AyWOS LLC (Section 8). No other term has changed.*

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY. THEY LIMIT OUR LIABILITY AND ALLOCATE RISK BETWEEN US. BY CLICKING "I AGREE," CREATING AN ACCOUNT, REGISTERING A DEVICE, OR ACCESSING OR USING ANY PART OF THE AYWOS WEBSITE, APPLICATIONS, DATA, OR SERVICES (COLLECTIVELY, THE "SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. Who we are; who you are; our limited assets

The Service is operated by AyWOS LLC, a Michigan limited liability company with its principal office at 2222 W Grand River Ave Ste A, Okemos, MI 48864 ("Company," "we," "us"). "You" means the individual accepting these Terms and, if you use the Service on behalf of an organization, that organization — you represent that you have authority to bind it.

2. What the Service is — and what it is not

The Service ingests third-party meteorological, oceanographic, lightning, vessel and aircraft data, applies the Company's own processing and correction methods, and presents the results — including computed comparisons of forecast or observed values against thresholds. **Where the Service displays an indicator derived from thresholds, that indicator is a computed comparison of data against limits and is not a safety determination, a recommendation, an instruction, an authorization, or professional advice of any kind.** Where the Service permits you to configure thresholds, you are solely responsible for selecting them and for their suitability to your operations, vessels, personnel and equipment.

FORECASTS ARE PROBABILISTIC ESTIMATES OF AN UNCERTAIN FUTURE AND WILL SOMETIMES BE WRONG. OBSERVED DATA MAY BE DELAYED, STALE, INCOMPLETE, OR INCORRECT. THIRD-PARTY FEEDS MAY DEGRADE, LAG, OR FAIL WITHOUT NOTICE, AND THE SERVICE MAY CONTINUE TO DISPLAY THE MOST RECENT DATA IT RECEIVED EVEN IF THAT DATA IS NO LONGER CURRENT. TIMELY DELIVERY IS NOT GUARANTEED. YOU MUST INDEPENDENTLY VERIFY DATA CURRENCY AND CONDITIONS BEFORE ACTING.

YOU MUST NOT RELY ON THE SERVICE AS THE SOLE OR PRIMARY BASIS FOR ANY DECISION THAT COULD AFFECT HUMAN SAFETY, VESSELS, AIRCRAFT, OR PROPERTY.

3. Your safety-management responsibility

You acknowledge that responsibility for the safety of marine and offshore operations rests with you and with the qualified personnel in command, and that industry good practice — including guidance published by the G+ Offshore Wind Health and Safety Organisation and American Clean Power — places the authority to authorize, halt, or refuse an operation with the vessel's master, the marine coordinator, and the personnel involved, based on conditions observed on scene. Nothing in the Service alters that allocation, and you agree that you will not configure, present, or use the Service in a way that displaces it.

You are responsible for establishing your own limiting criteria, for maintaining your own safety management system, and for ensuring that persons who rely on information you obtain from the Service are qualified to interpret it.

4. Assumption of risk

Offshore, marine and aviation operations are inherently dangerous. To the maximum extent permitted by law, you knowingly and voluntarily assume all risks arising from or related to your use of, or reliance on, the Service, including property damage, vessel or aircraft loss, schedule delay, and economic loss. **This section is subject to Section 11.3 (Matters we do not attempt to exclude).**

5. License; acceptable use

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Service for your internal business use. You must NOT: (a) resell, sublicense, redistribute, or provide the Service or its data to third parties; (b) scrape, bulk-download, or systematically extract data; (c) reverse engineer, copy, or create derivative works of the Service; (d) probe, disrupt, overload, or circumvent security or access controls; (e) share account credentials or exceed your plan's device seats; (f) use the Service in violation of law or third-party rights; or (g) use the Service as a control input to any automated system, or in any application where failure of information could lead to death, injury, or environmental damage, without independent verification and qualified human judgment.

6. Accounts and devices

You are responsible for your credentials, for all activity under your account, and for keeping your registered devices secure. We may suspend or terminate accounts that violate these Terms. Plan seat counts limit the number of registered devices.

7. Third-party data

The Service incorporates data from third-party sources, including numerical weather models, reanalysis datasets, buoy networks, lightning detection networks, and vessel and aircraft position feeds. We do not control, and are not responsible for, third-party data accuracy, currency, availability, or licensing. Attribution notices displayed in the Service must not be removed.

8. Intellectual property

The Service — including software, design, site index, derived datasets, accuracy metrics, corrected forecasts, models, and documentation — is owned by Infinity Stone Capital LLC, which licenses it to the Company, and by the Company's other licensors, and is protected by intellectual-property law. No rights are granted except as expressly stated. Feedback you submit may be used by us without restriction or compensation.

9. Data submissions

If you submit corrections or data, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate them into the Service, and you represent you have the right to grant it.

10. NO WARRANTY

11. LIMITATION OF LIABILITY

11.1 Exclusion of indirect and consequential damages

11.2 Aggregate cap

11.3 Matters we do not attempt to exclude

Nothing in these Terms excludes or limits the Company's liability for:

(a) fraud or fraudulent misrepresentation;

(b) the Company's own gross negligence or wilful misconduct;

**(c) death or personal injury, to the extent that it is unlawful under applicable law to exclude or limit liability for the same; or**

(d) any other liability that cannot lawfully be excluded or limited.

Where applicable law prohibits an exclusion or limitation in these Terms, that exclusion or limitation applies to the fullest extent permitted and the remainder of the Section continues in effect.

11.4 Scope of this Section

Sections 11.1 and 11.2 govern claims between you and the Company, including any claim by you for indemnity or contribution after you have paid a third party. They do not purport to affect the rights of any person who is not a party to these Terms, and no such person may enforce these Terms.

12. Mutual risk allocation; insurance

12.1 Your indemnity

You will defend, indemnify, and hold harmless the Company and its members, managers, officers, employees, and agents from and against all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of, or reliance on, the Service; (b) your operations, vessels, aircraft, equipment, or personnel, **including injury to or death of any of your employees, contractors, or invitees**; (c) your violation of these Terms or of applicable law; (d) your content or data submissions; or (e) any claim brought by a third party who received or relied on information you obtained from the Service.

This indemnity does not extend to any matter described in Section 11.3.

12.2 Insurance

You will maintain, throughout your use of the Service, insurance appropriate to your operations, including where applicable protection and indemnity, employers' liability, and marine liability cover at commercially customary limits. **You waive, and will cause your insurers to waive, all rights of subrogation against the Company in respect of any matter for which you have indemnified the Company under Section 12.1.**

12.3 Flow-down

If you make information obtained from the Service available to any other person — including your personnel, contractors, charterers, or clients — you will ensure that person is informed that the information is decision-support only, is not a safety determination, and must not be relied on as the sole basis for any safety decision.

13. Modifications to the Service and to these Terms

We may modify or discontinue the Service at any time.

We may revise these Terms. When we do, the version number and effective date change, and **you must accept the revised Terms on each of your registered devices and sessions before continuing to use the Service.**

**The following limits apply to any revision, and we may not vary them unilaterally:**

**(a) no revision applies to any dispute of which the Company had actual notice on the date the revision takes effect;**

**(b) no revision applies retroactively to any claim arising out of events occurring before the revision's effective date, and the version in force at the time of those events governs that claim; and**

**(c) a revision takes effect no earlier than the date on which it is first presented to you for acceptance.**

14. Suspension and termination

We may suspend or terminate your access at any time for violation of these Terms or to protect the Service. Sections 1, 2, 3, 4, 7 through 12, and 15 through 20 survive termination, together with any provision that by its nature should survive.

15. Governing law; nature of the Service

These Terms are governed by the laws of the State of Michigan, U.S.A., without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

The parties acknowledge that the Service is provided from shore-based facilities in the United States, is delivered by electronic transmission, and consists of information and software rather than any activity conducted on navigable waters; and the parties intend that these Terms be construed under Michigan law. **This acknowledgment is a statement of the parties' intent and does not purport to determine the jurisdiction of any court.**

16. Dispute resolution; arbitration; class-action waiver

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Michigan, before a single arbitrator.

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction for intellectual-property, confidentiality, or unauthorized-access claims. You may opt out of this arbitration provision within 30 days of first acceptance by written notice to admin@aywos.com.

Precedence. If you have also entered into a Non-Disclosure Agreement with the Company, **that agreement's dispute-resolution and forum provisions govern any dispute concerning Confidential Information as defined in it, and this Section 16 governs all other disputes.** In the event of any other conflict between these Terms and a signed Non-Disclosure Agreement, the Non-Disclosure Agreement governs as to its subject matter.

17. No reliance on pre-contractual statements

You acknowledge that in deciding to use the Service you have not relied on any statement, representation, assurance, warranty, performance figure, accuracy metric, marketing material, or demonstration other than as expressly set out in these Terms. **Nothing in this Section limits liability for fraud or fraudulent misrepresentation.**

18. Export, sanctions, and screening

Each party will comply with applicable U.S. export-control and economic-sanctions laws. You represent that you are not, and are not owned or controlled by, a person subject to U.S. sanctions, and that you will not make the Service available to any such person or to any person in a country subject to a comprehensive U.S. embargo.

19. Severability; waiver; assignment; notices

If any provision is held unenforceable, the remainder stays in effect and that provision is enforced to the maximum extent permitted. Failure to enforce is not a waiver. You may not assign these Terms without our written consent; we may assign them to a successor to substantially all of our business. Notices to the Company go to admin@aywos.com.

20. Entire agreement; contact

These Terms, together with your plan or order terms and any Non-Disclosure Agreement, are the entire agreement between you and the Company regarding the Service and supersede prior agreements and understandings on that subject. Questions: admin@aywos.com.

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