Terms of Use & EULA
These Terms of Use, which constitute an End User License Agreement (“Terms”), govern your use of the FireRadarmobile application (the “App”) and related services. By downloading or using the App you agree to these Terms. If you do not agree, do not use the App.
1. Who we are
The App is operated by DigitalChoice s. r. o., registered office Gazdovská 39/28, 040 01 Košice – mestská časť Kavečany, Slovakia, Company ID (IČO): 54493714, Tax ID (DIČ): 2121688745, VAT ID (IČ DPH): SK2121688745, registered in the Commercial Register of the Mestský súd Košice (“we”, “us”). Contact: info@wildfireradar.org.
These Terms are concluded between you and us only — not with Apple Inc. (“Apple”). See Section 14 for Apple-specific provisions.
2. Important safety notice
FireRadar is an informational tool. It is not an emergency service and must never be your only source of wildfire warnings.
Wildfire detections are derived from satellite passes and public agency feeds. They can be delayed, incomplete, or inaccurate: satellites revisit areas at intervals, clouds and smoke obscure detections, small or fast-moving fires may not appear, and false positives occur. Alert delivery additionally depends on your device, network coverage, and Apple’s push notification service, none of which we control.
Always follow the instructions of local authorities and official emergency alert systems. If you are in immediate danger, call the emergency services (112 in the EU) and evacuate. Never delay an evacuation because the App shows no fire.
3. License
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions — except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
4. Restrictions
You must not:
- copy, modify, distribute, sell, rent, or sublicense the App or any part of it;
- reverse-engineer or decompile the App, except to the extent such restriction is prohibited by applicable law (e.g. Article 6 of Directive 2009/24/EC);
- scrape, bulk-export, or resell data from the App, or use it to build a competing alert service;
- use the App unlawfully, to endanger others, or to interfere with the operation or security of our services;
- misrepresent App content as an official government warning.
5. The service and data sources
The App aggregates publicly available wildfire, weather, and air quality data (e.g. NASA FIRMS, NOAA, regional fire agencies) and presents it with alerting features. We do not operate satellites or verify individual detections on the ground. Data sources may change, and coverage varies by region. We may modify, suspend, or discontinue features with reasonable notice where a change adversely affects paid functionality (see Section 6).
6. Purchases and subscriptions
- The App’s core features are free. Optional premium features (e.g. additional saved locations) are offered as auto-renewing subscriptions or one-time purchases billed by Apple through your Apple Account.
- Prices, including VAT, are shown in the App Store before purchase.
- Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your Apple Account settings (Settings → Apple Account → Subscriptions).
- Refunds for App Store purchases are handled by Apple under its terms; you can request one at reportaproblem.apple.com. Your statutory rights (Sections 7–8) are unaffected.
- If we materially reduce paid functionality during a period you have paid for, you may terminate and receive a pro-rated refund for the unused period.
7. EU right of withdrawal
If you are a consumer in the EU/EEA, you normally have the right to withdraw from a contract for digital content or services within 14 days without giving a reason. When you purchase digital content through the App Store, you will be asked to consent to immediate delivery and to acknowledge that you thereby lose the right of withdrawal once performance has begun (Art. 16(m) of Directive 2011/83/EU); for subscriptions (digital services), you may withdraw within 14 days and receive a refund reduced proportionately for the service already provided. Withdrawal for App Store purchases is exercised through Apple as the merchant of record. A model withdrawal form is available from us on request at info@wildfireradar.org.
8. Statutory conformity warranty (EU consumers)
If you are an EU consumer, we are liable under Directive (EU) 2019/770 and the applicable national law for any lack of conformity of digital content or services we supply. If the App does not conform, you are entitled to have it brought into conformity, or — where that fails or is impossible — to a proportionate price reduction or termination. Nothing in these Terms limits those statutory rights, and they apply independently of any Apple refund policy.
9. Disclaimer of warranties
Except for the statutory rights described in Section 8 and any warranties that cannot be excluded by applicable law, the App is provided “as is” and “as available”. To the maximum extent permitted by law, we make no warranty that wildfire data is accurate, complete, or timely, that alerts will be delivered, or that the App will be uninterrupted or error-free. Section 2 (Important safety notice) forms an essential part of these Terms.
10. Limitation of liability
Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- intent (úmysel) or gross negligence;
- fraud or fraudulent misrepresentation;
- any liability that cannot be excluded or limited under applicable law, including mandatory consumer protection law.
Subject to the above, we are liable only for damage that is a reasonably foreseeable result of our breach of these Terms, and our total liability arising out of or relating to the App in any 12-month period is limited to the greater of (a) the amounts you paid us for the App in that period and (b) EUR 50. We are not liable for losses caused by events outside our reasonable control, including failures of satellite data providers, telecommunications networks, or Apple’s services.
11. Intellectual property
The App, including its software, design, branding, and content (excluding third-party public data), is owned by us or our licensors and protected by intellectual property law. These Terms grant you no rights other than the license in Section 3. Third-party data sources are credited in the App and remain subject to their own terms.
12. Termination
These Terms apply until terminated. You may terminate at any time by deleting the App (and your account, if you have one). We may suspend or terminate your access with immediate effect if you materially breach these Terms; otherwise we may terminate with at least 30 days’ notice. Sections 2, 9, 10, 11, and 15 survive termination. Termination does not affect accrued statutory rights.
13. Changes to these Terms
We may amend these Terms for valid reasons (legal changes, new features, security). We will notify you in the App at least 30 days before material changes take effect. If you do not accept a material change, you may terminate before it takes effect; continued use after the effective date constitutes acceptance.
14. Apple-specific provisions (App Store)
The following provisions are required by Apple and apply when you obtain the App from the Apple App Store:
- Acknowledgement.These Terms are concluded between you and us only, not with Apple. We — not Apple — are solely responsible for the App and its content. In the event of any conflict between these Terms and the Apple Media Services Terms and Conditions, Apple’s terms prevail with respect to your use of the App Store.
- Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
- Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our sole responsibility.
- Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including (i) product liability claims, (ii) claims that the App fails to conform to legal or regulatory requirements, and (iii) claims under consumer protection, privacy, or similar legislation.
- Intellectual property claims.In the event of a third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, we — not Apple — are solely responsible for the investigation, defence, settlement, and discharge of such claim.
- Legal compliance.You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the App (e.g. your wireless data service agreement).
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
15. Governing law and disputes
These Terms are governed by the law of the Slovak Republic. If you are a consumer habitually resident in another EU/EEA state, you also enjoy the protection of the mandatory provisions of the law of that state, and you may bring proceedings before the courts of your place of residence (Regulation (EU) 1215/2012).
Alternative dispute resolution. If you are a consumer and we cannot resolve a complaint directly, you may submit it to an alternative dispute resolution body. For Slovakia, this is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), Bajkalská 21/A, 827 99 Bratislava, soi.sk, or another authorised ADR entity listed by the Slovak Ministry of Economy. Using ADR does not affect your right to go to court.
Complaints can be sent to info@wildfireradar.org; we will respond within 30 days.
16. Miscellaneous
If any provision of these Terms is held invalid, the remaining provisions remain in force, and the invalid provision is replaced by a valid one that most closely reflects its purpose. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor of our business with notice to you.
17. Contact
DigitalChoice s. r. o.
Gazdovská 39/28, 040 01 Košice – mestská časť Kavečany, Slovak Republic
IČO: 54493714 · DIČ: 2121688745 · IČ DPH: SK2121688745
E-mail: info@wildfireradar.org
See also our Privacy Policy, which explains how we process personal data.