Terms of Use
1. What Top Down is
Top Down is a convenience notification service. You tell it where your vehicle is parked with the top or doors off, and it tries to warn you when precipitation is forecast to reach that location.
Top Down is not a monitoring service, a security system, or a safety system. Do not rely on it for anything where a missed notification causes harm rather than inconvenience.
2. What we do not promise
You should assume a notification may not arrive. Ways that happens, none of which are within our control:
- Forecasts are wrong. Precipitation forecasting is probabilistic. Rain arrives earlier than predicted, later, heavier, lighter, or not at all.
- Your device is unreachable. Powered off, out of signal, in airplane mode, low-power mode, or with notifications disabled for this app.
- Delivery fails. Notifications pass through Apple, Google and Expo. Any of them can delay or drop a message.
- Our service is down or degraded, including outages at our hosting or weather providers.
- Detailed timing is unavailable in your region. Minute-level precipitation nowcasting is only available in certain countries. Elsewhere warnings are derived from coarser data and give less notice.
3. Location is where you tapped, not where your vehicle is
Top Down monitors the coordinates captured at the moment you started a session. It has no way to detect your vehicle's actual position, and it does not re-read your location afterwards.
If you start a session while away from your vehicle, you will be monitoring the wrong place and notifications will reflect conditions somewhere your vehicle is not. Noticing that and starting a new session at the vehicle is your responsibility.
4. Sessions end
Every session has an expiry you choose, capped at 24 hours. When a session ends, monitoring stops and no further notifications are sent, whether or not your vehicle is still uncovered. Sessions also end when you turn them off or start a new one.
5. Notifications permission
If you do not grant notification permission, a session still runs but cannot reach you. The app tells you when this is the case; it remains your responsibility to enable notifications if you want warnings.
6. No warranty
The service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the service will be uninterrupted, timely, secure, or error-free, or that any notification will be delivered.
7. Limitation of liability
To the maximum extent permitted by law, [ENTITY] is not liable for any indirect, incidental, consequential, special or punitive damages, or for any loss of or damage to property — including damage to vehicle interiors, upholstery, electronics or contents — arising from your use of, or inability to use, Top Down, including any failure to deliver a notification or any inaccuracy in a forecast.
To the maximum extent permitted by law, total aggregate liability for any claim relating to the service will not exceed the greater of [AMOUNT, e.g. USD 50] or the amount you paid us in the twelve months preceding the claim.
Some jurisdictions do not allow exclusion of certain warranties or limitation of certain damages, so parts of the above may not apply to you.
8. Weather data
Weather data is supplied by third parties and is subject to their terms. Data from Apple Weather is provided under Apple's terms and carries attribution requirements displayed in the app. We do not control, verify, or take responsibility for the accuracy of third-party forecast data.
9. Acceptable use
Do not attempt to create sessions or accounts at scale by automated means, interfere with the service, or use it in a way that imposes unreasonable load. Access may be rate limited or terminated for abuse.
10. Your data
Handling of location and device data is described in the Privacy Policy, which forms part of these terms.
11. Age
You must be at least [AGE — 13 in the US, 16 in parts of the EU] to use Top Down.
12. Changes
We may change these terms. Material changes bump the version, and you will be asked to accept the new version before creating another session. Continuing to use the service after acceptance means you agree to the revised terms.
13. Termination
You may stop using the service at any time by deleting the app. We may suspend or terminate access where these terms are breached, or where required to protect the service.
14. Governing law
These terms are governed by the laws of [JURISDICTION], without regard to conflict of law rules.
15. Contact
See also the privacy policy, and support if you have a question this does not answer.