Fallcast Terms of Use

Effective date: 2026-09-09

These Terms of Use (the "Terms") govern your use of Fallcast. "Fallcast," "we," "us," and "our" refer to the Fallcast iOS application (the "App") and the service provided through it by its developer (the "Developer"). By downloading or using the App, you agree to these Terms.

Contact: fallcastapp@gmail.com

1. The App

Fallcast forecasts fall foliage color across the continental United States, presenting timing as date ranges with a confidence level, not guaranteed dates. The App also includes a tree field guide (Field Guide), on-device photo identification (Foliage ID), trip planning tools, maps, widgets, and alerts, including optional nearby-place alerts.

2. Forecasts are estimates

• Forecasts are inherently uncertain. Fall color timing depends on temperature, drought, wind, storms, and elevation, and shifts as the season unfolds. Fallcast is a living forecast: the dates it shows are updated during the season as observations arrive, and dates it has already shown you may move. Alerts telling you that a place's timing has changed reflect this expected behavior and do not indicate an error.
• Long-range forecasts are less certain. The App displays reduced confidence the further ahead it is looking.
• Condition notes are advisory. Indicators such as wind-driven leaf-drop risk or freeze impact are informational commentary on the forecast. They are not safety information, travel guidance, or a substitute for checking actual conditions.
• Reliance is at your own risk. Decisions made in reliance on the App's forecasts — including travel bookings, time off, and related expenses — are yours alone. Verify road conditions, park alerts, and actual weather before traveling. Section 9 sets out the applicable limitations of liability.

3. Season Pass

• The App's core experience is free. Season Pass is an optional auto-renewing subscription. It unlocks the paid features described in the App: long range forecasts, color intensity forecasts, species-level color progression, multi-stop trip planning, unlimited Foliage ID identifications, unlimited favorites, and alerts about the places you save.
• Season Pass renews automatically every year until you cancel. Your Apple account is charged when you confirm the purchase, and again within 24 hours before the end of each paid year. You can turn off automatic renewal, or cancel, at any time in your Apple account settings; doing so at least 24 hours before the current year ends stops the next charge. Access continues through the end of the period you have already paid for.
• The price and the billing period are shown in the App next to the purchase button and on Apple's own confirmation screen. The price displayed in the App Store at the time of purchase applies and may vary by region under Apple's pricing.
• If a renewal payment fails, Apple may retry it. Where Apple provides a billing grace period, the App keeps your paid access active while that retry is in progress.
• Paid access lasts as long as your subscription is active, and no longer. When a subscription ends, the paid features lock again, including unlimited Foliage ID identifications and unlimited favorites.
• A lapse deletes nothing. Places you have favorited, your trips, and your journal entries are kept on your device and in your iCloud data as before. Favorites beyond the free allowance are not accessible while you are unsubscribed, and become accessible again if you resubscribe.
• Forecast content is seasonal. Daily forecast updates run through the fall season; the App, and content you have saved in it, remains functional between seasons. Section 4 describes how purchases, restores, and refunds affect access.

4. Purchases, restores, and refunds

All purchases are processed by Apple through your Apple account. Your access to paid features is determined from the subscription status Apple reports for your Apple account, which the App re-checks as it runs. Apple restores an active subscription by itself when you sign in to the same Apple account on another device; "Restore Purchases" in the App asks Apple again if it has not appeared. Refunds are handled exclusively by Apple under Apple's refund policies (reportaproblem.apple.com); the Developer has no access to payment processing and cannot issue refunds directly. If Apple refunds or revokes a Season Pass purchase, it no longer appears in the subscription status the App relies on, and the access it granted ends.

5. Outdoor use and safety

The App provides foliage information only; it does not provide safety guidance. When traveling, you are responsible for complying with traffic laws, park rules, private-property boundaries, and posted closures, and for exercising your own judgment regarding weather, terrain, and road conditions.

6. Content and intellectual property

• The App, its design, its forecasts, and its data products are the property of the Developer. Species photographs and range maps are used under license or drawn from public-domain sources and are credited in the App.
• Forecasts are derived from public government data sources (satellite, weather, and state reports) processed through the Developer's models and pipeline.
• You may use the App and its content for personal, non-commercial purposes only. You may not republish the forecast data or bulk-scrape the App's content servers.
• You retain all rights in content you create in the App (observations, trips, attached photos, color ratings). As of the effective date, that content is stored on your device and — with the exceptions in the bullets below — is not transmitted to the Developer; apart from those exceptions, nothing in these Terms grants the Developer any rights in it.
• Color ratings you submit. If you submit a color rating (described in the Privacy Policy), you grant the Developer a non-exclusive, worldwide, royalty-free right to store that submission and to use it, in non-identifying form, to evaluate and improve the App's forecasts and features. For any given submission, this right ends when the submission is deleted under the deletion process described in the Privacy Policy.
• Photos you submit for a place. The App lets you submit one of your own trip journal photographs for a place. Doing so is voluntary, is never automatic, and requires you to confirm, each time, that you took the photograph or otherwise hold the rights to it. By submitting one you grant the Developer a non-exclusive, worldwide, royalty-free right to store it, to review it, and — if it is accepted — to display it in the App and in the App's photo gallery as a photograph of that place. You choose, at the moment you submit, whether it is credited to your username or submitted anonymously; an anonymous submission is displayed credited to "a Fallcast user" and carries no username. You keep every right you had in the photograph, including the right to license it to anyone else.
  • A submitted photograph goes to a review queue read by a person. It is not displayed to anyone unless and until it is accepted, and the Developer is under no obligation to accept any submission or to give a reason for declining one.
  • Deleting the photograph from your journal removes your own copy and does not withdraw a submission. To ask for a submitted photograph to be withdrawn from review or from display, email fallcastapp@gmail.com; the Developer will remove it from the App's published photographs within a reasonable period. This right ends, for any given photograph, when it is withdrawn or removed.
  • Do not submit a photograph you did not take and do not have the rights to, or one containing a person who has not agreed to appear in it. The Developer may decline or remove any submission for any reason.
• Photos you submit to teach Foliage ID. The App also lets you send a photograph together with the species name you believe is correct, so that a future version of the App's identification model can learn from it. This is a separate act from the one above, with a separate destination, and it likewise requires you to confirm, each time, that you took the photograph or hold the rights to it. By submitting one you grant the Developer a non-exclusive, worldwide, royalty-free right to store it and to use it, together with the label you chose, as training and evaluation material for the App's identification models. A training photograph is not published: it is not shown in the App, is not displayed as a photograph of any place, and is not shared with any third party. You keep every right you had in it. To ask for a training photograph to be removed, email fallcastapp@gmail.com.
• Your username. Setting a username is optional and it exists only as a credit line for a photograph you choose to have credited. A username is claimed when a photograph crediting it is accepted, and a name already claimed by someone else cannot be used by you. The Developer may refuse, reclaim, or remove a username that is offensive, impersonates another person, or is used to abuse the App, and may do so without notice. A username grants you no account and no other rights.
• Apart from the rights granted in the bullets above, the App contains no community features: your content is not published or displayed to other users, and these Terms contain no further content-moderation or hosting-license provisions.

7. Availability and changes

• Forecast content is delivered from servers operated by the Developer. We aim to keep forecast content current and available through the season but do not warrant uninterrupted availability. The App is designed to continue operating from cached and bundled data when offline or when the server is unreachable.
• We may add, modify, or retire features over time. As a term of each Season Pass subscription: the core paid functionality described for the pass will not be removed during a period you have already paid for. Apart from that, this commitment is limited to the periods you have purchased.

8. Apple's Standard EULA

Your license to the App software is Apple's standard Licensed Application End User License Agreement (the "Standard EULA"), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, which applies to apps that do not supply a custom EULA. These Terms supplement the Standard EULA with the Fallcast-specific provisions above; in the event of a conflict, the Standard EULA controls as to your license to the software.

In addition, as Apple requires: these Terms are between you and the Developer, not Apple; Apple has no obligation to furnish maintenance or support for the App and is not responsible for the App or for these Terms; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.

9. Disclaimer of warranty; limitation of liability

The App and its forecasts are provided "as is" and "as available," without warranty of any kind. The Developer does not warrant that forecasts will be accurate, that the dates shown will not move, or that the App will be error-free or continuously available. To the maximum extent permitted by applicable law:

• The Developer is not liable for indirect, incidental, or consequential losses — including the cost of trips, lodging, travel, or missed foliage — arising from your use of, or reliance on, the App.
• The Developer's total liability arising out of or relating to the App is capped at the amount you paid for the App (the Season Pass price, or zero if you use only the free tier).

Some jurisdictions do not allow certain warranty exclusions or liability limitations, so portions of this section may not apply to you.

10. Termination

You may stop using the App at any time by deleting it. The Developer may suspend or terminate access for abuse of the App or its content servers. Sections 6, 8, 9, and 11 survive termination.

11. Governing law

These Terms are governed by the laws of the Commonwealth of Virginia, United States, excluding its conflict-of-law rules. Nothing in this section deprives you of the protection of any mandatory consumer-protection law of the country or state in which you live.

12. Changes to these Terms

Material changes to these Terms will be reflected in a revised effective date, recorded in the change log below, and noted in the App's release notes. Continued use of the App after a change constitutes acceptance of the updated Terms.

Change log

• 2026-09-08 — First version.

Contact

Questions about these Terms: fallcastapp@gmail.com