Terms of Service

Effective date: 16 June 2026 · Last updated: 16 June 2026

These Terms of Service ("Terms") govern your use of the BeachScan mobile application and the website located at beachscanapp.com (together, the "Service"). The Service is operated by Domagoj Tretinjak Mesarić, an individual residing in Croatia ("BeachScan", "we", "us", or "our").

By downloading, installing, accessing, or using the Service, you ("you") agree to be bound by these Terms. If you do not agree, do not use the Service.

Safety notice — please read. BeachScan is an informational service. It is not a real-time safety tool, a substitute for official warnings, or a substitute for your own judgment. Water quality, weather, wind, wave, and other data may be inaccurate, outdated, or incomplete. You are solely responsible for your own safety and the safety of those in your care. Always check local warnings, lifeguard advice, and posted signs before entering the water or engaging in any beach activity.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and 18, you must have permission from a parent or legal guardian. By using the Service, you represent that you meet these requirements.

2. The Service

BeachScan provides information about beaches in supported countries, including water quality classifications, weather forecasts, wind shelter estimates, terrain modeling, amenity listings, user reports, and related features. The Service aggregates data from third-party sources including the European Environment Agency, national meteorological services, OpenStreetMap, user submissions, and others. We do not guarantee the accuracy, completeness, or timeliness of any data displayed.

3. Subscriptions and payments

Some features of the Service require a paid subscription. Subscriptions are billed through Apple App Store, Google Play, or our website checkout (where available). Pricing, billing periods, and renewal terms are displayed before purchase.

4. License to use the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

5. Restrictions — what you may NOT do

You agree NOT to:

Violation of these restrictions may result in immediate termination of your access, legal action, and damages including but not limited to reasonable attorney's fees.

6. User-submitted content

You retain ownership of content you submit (reports, ratings, photos, comments). By submitting content, you grant BeachScan a worldwide, non-exclusive, royalty-free license to use, store, display, modify, distribute, and create derivative works of that content for the purposes of operating, improving, and promoting the Service.

You represent that you own or have all necessary rights to the content you submit, and that the content is accurate to the best of your knowledge.

We may remove any user content at our sole discretion, including content we determine to be inaccurate, misleading, unsafe, or in violation of these Terms.

7. Intellectual property

The Service, including its software, design, brand, the curated beach corpus, wind shelter computations, terrain modeling, and aggregated data products, is owned by BeachScan and protected by intellectual property laws. Third-party data sources retain their respective rights.

No rights are granted to you under these Terms other than the limited license described in Section 4.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

Water quality classifications are based on periodic sampling by official agencies and may not reflect current conditions. Forecasts are predictions and may be wrong. Wind shelter scores, shade estimates, and other modeled values are approximations. Conditions at any beach can change rapidly due to weather, tides, marine life, debris, or human activity.

9. Assumption of risk

You acknowledge and agree that beach and water activities carry inherent risks, including but not limited to drowning, strong currents, marine life encounters, weather hazards, slip-and-fall injuries, sun exposure, and contaminated water. You assume all risks of using the Service and engaging in any activity at any beach, regardless of information shown in the Service.

You agree to check local warnings, lifeguard advisories, posted signs, and current conditions before entering the water or engaging in any activity. You agree to exercise your own judgment and not to rely solely on the Service.

10. Limitation of liability

To the maximum extent permitted by law, BeachScan shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, personal injury, property damage, or death, arising out of or related to your use of the Service.

Our total cumulative liability to you for any claim arising from or related to the Service shall not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months preceding the claim, or (b) twenty euros (€20).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law. Nothing in these Terms limits liability for fraud, gross negligence, or willful misconduct, or any liability that cannot be excluded under applicable consumer protection law.

11. Indemnification

You agree to indemnify, defend, and hold harmless BeachScan from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) any content you submit to the Service.

12. Third-party content and services

The Service may contain links to or display content from third-party sources (weather providers, water quality agencies, photo services, advertisers). We do not control and are not responsible for third-party content or services, and your use of them is at your own risk and subject to their terms.

13. Account and termination

If the Service offers account registration, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

We may suspend or terminate your access to the Service at any time, for any reason, including violation of these Terms. Provisions of these Terms that by their nature should survive termination shall survive (including without limitation Sections 5, 7, 8, 9, 10, 11, 15, and 16).

14. Changes to the Service or these Terms

We may modify or discontinue the Service at any time. We may update these Terms; we will provide reasonable notice of material changes through the Service or by email if you have provided one. Continued use of the Service after changes take effect constitutes acceptance.

15. Governing law

These Terms are governed by the laws of the Republic of Croatia, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Dispute resolution and jurisdiction

Any dispute arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Zagreb, Croatia. EU consumers may also bring claims in the courts of their country of residence to the extent required by applicable consumer protection law.

17. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be enforced to the maximum extent permitted by law.

18. Entire agreement

These Terms, together with our Privacy Policy and any applicable subscription terms presented at purchase, constitute the entire agreement between you and BeachScan regarding the Service.

19. Contact

For questions about these Terms, including licensing inquiries or to report a violation, contact: dtretinjakmesaric@gmail.com