Gloaming terms of use and licence

DRAFT. This is not the final text. It has not been reviewed yet and will change before Gloaming is released.

1. Who we are

These terms are between you and [FULL NAME OF OWNER], trading as Gloaming, [POSTAL ADDRESS], hello@getgloaming.com ("we"). Gloaming is a night-sky photography planner and learning app for phones and computers. By using it you agree to these terms and to our privacy notice. If you don't agree, don't use it.

2. Who can use it

• You can use the parts that stay on your device without an account.
• To make an account you must be 18 or over. We ask your age band when you sign up. If we learn that an account belongs to someone under 18 we'll close it. Family and child accounts aren't offered.
• Keep your sign-in safe. You're responsible for what happens under your account.

3. Licence to use the apps

We give you a personal, non-exclusive, non-transferable licence to install and use Gloaming on your own devices for your own use, for as long as you follow these terms. Gloaming is free to use at the moment; if paid features arrive we'll say so before you pay and these terms will be updated. Learning content is always free [OWNER: confirm this sentence matches the pricing decision, or delete it].

You may not, except where the law or clause 9 says you may:

• copy, sell, rent or share the apps or our content;
• reverse engineer, decompile or take the apps apart, or try to get at keys, tokens or other people's data;
• use the apps to harm others, break the law, or overload our service or other companies' services.

4. Forecasts are guidance, not a promise

Weather, cloud, seeing, aurora, satellite and sky forecasts and a "go" verdict are estimates from other people's models. They can be wrong. Check conditions yourself and never rely on Gloaming for your safety.

Dark sites can be remote and cold, with cliffs, tides, traffic, livestock and private land. Tell someone where you're going, take a torch and a charged phone, follow local access rules and don't trespass. Never look at the Sun through a camera, telescope, binoculars or your eyes without a proper solar filter. Gloaming does not give instructions for viewing the Sun.

Gloaming is provided free and "as is". We aren't liable for trips, loss, damage or injury caused by relying on a forecast, except where the law says we can't exclude liability. Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn't allow us to limit.

5. Your content

• What you post (photos, captions, spots, events, trips, comments, messages) stays yours.
• You give us permission to store it and to show it to the people you chose (for example other members, a group or a trip) so the service works. This ends when you delete the content or your account, except for copies the safety rules in clause 7 and the privacy notice say we keep.
• You promise you own what you post or have permission to share it, and that it doesn't break the law or anyone's rights.
• Don't post other people's private details or the exact location of private land, nests or sensitive sites.

6. Community

(Applies only while Community is on [OWNER: delete this clause and clause 7 if Community is off at launch].)

• Be decent. No harassment, hate, threats, sexual content, spam, scams, or content about children that is unsafe, and no posting other people's private places or details.
• We may hold new accounts' first posts for review, remove content, and suspend or close accounts that break these rules. We'll say why and you can appeal from the app.
• Report anything wrong with the report button, or by emailing hello@getgloaming.com.

7. Safety records

When someone reports content, we keep the report and a copy of the reported content for 12 months, so we can decide fairly, hear an appeal and spot repeat problems, even if the person deletes their account. The team's action log keeps an account number for at least 3 years. The privacy notice explains both.

8. Other companies' services

Gloaming uses services from other companies. Their terms apply to those parts, and we can't promise they will always be there.

• Google Maps (Android). The maps in Gloaming for Android are Google Maps. Your use of Google Maps features and content is subject to the Google Maps End User Additional Terms of Service (https://maps.google.com/help/terms_maps/) and the Google Privacy Policy (https://policies.google.com/privacy). Don't copy, scrape or store Google's map content outside the app. iPhone uses Apple Maps, under Apple's terms.
• Google Play services and Firebase. Android location and notifications use Google Play services Location and Firebase Cloud Messaging. How Google handles data is in the Google Privacy Policy and our privacy notice.
• Weather and space data. Forecasts come from Open-Meteo (weather data by Open-Meteo.com), including UK Met Office model data (UK Met Office data, British Crown copyright) under CC BY-SA 4.0. Other data comes from NASA, NOAA, CelesTrak and others, credited in the app (You > Licences).
• Forecast figures are free for anyone to reuse. The forecast figures Gloaming shows that are blended with the Met Office data are shared under CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0/). Nothing in these terms stops you copying, sharing or adapting those figures under that licence, and no clause here adds any restriction to them. This carve-out covers the figures only, not the app, its design, code or other content.
• Picture and data credits. Pictures, fonts and data keep their own licences, listed in the app and in the third-party notices (THIRD_PARTY_NOTICES.md).

9. Open-source parts

Gloaming contains open-source libraries under their own licences, including these LGPL libraries: FFmpeg (and the FFmpeg inside Electron), WCSLIB (inside astropy's _wcs module), LibRaw, and GCC's libquadmath (in numpy and scipy on Linux and macOS). They are separate files you can replace with your own build, and the source and licence for each are in the third-party notices (THIRD_PARTY_NOTICES.md) and the releases page.

Nothing in these terms stops you doing what those licences allow, and clause 3's ban on reverse engineering does not apply to the LGPL parts. You may modify those libraries for your own use and reverse engineer the apps as far as needed to debug that modification, as LGPL section 6 requires. Our other code, designs and content stay covered by clause 3.

10. Microsoft Visual C++ files (Windows computer app)

The Windows computer app includes Microsoft Visual C++ runtime files (vcruntime140.dll and vcruntime140_1.dll), copied unmodified from the Python Windows build, which its licence allows to be redistributed with programs on these conditions. Because Python's licence asks us to make you agree to terms that protect Microsoft's code as much as Microsoft's own do, you agree:

• not to alter, remove or hide any copyright, trademark or patent notice in the Microsoft files;
• not to use Microsoft's trademarks in the name of any program you make, or in a way that suggests Microsoft endorses it;
• not to use or distribute the Microsoft files to run on any platform other than Microsoft operating systems, runtimes or application platforms;
• not to include the Microsoft files in malicious, deceptive or unlawful programs;
• that Microsoft gives no warranty for its files and isn't liable to you for any damages from them; and
• to require anyone you give the app to, if you're allowed to, to agree to the same.

[OWNER AND LAWYER: the numpy wheel also carries a Visual C++ file (msvcp140). Its redistribution right is still open in licences/exceptions.json; once settled, add it here.]

11. Our rights

Gloaming's code, designs, Learn lessons, illustrations and companions (Starnie and others) belong to us or our licensors. Nothing in these terms gives you ownership of them. Names and logos of Gloaming are ours; other companies' names and logos (Apple, Google, Microsoft and others) belong to them, and we use them only to say what we work with.

12. Copyright complaints

If you think something on Gloaming copies your work, email hello@getgloaming.com with what it is, where it is and why you own it. We'll look at it promptly and may remove it while we do.

13. Ending

You can stop using Gloaming at any time and delete your account from You > Account. We can suspend or close an account that breaks these terms, or stop the service, and we'll tell you where we can.

14. Changes

We may change these terms. We'll update the date and tell you in the app if the change matters. If you carry on after that, you accept the new terms; if you don't agree, delete your account and stop using the app.

15. Law and disputes

These terms are governed by [OWNER CHOOSES: the law of England and Wales | the law of Scotland], and the courts of [England and Wales | Scotland] can hear disputes. If you're a consumer, you also keep any rights the law of the part of the UK where you live gives you that can't be changed by contract.

16. Contact

hello@getgloaming.com, or by post to the address above.