TERMS OF SERVICE

Effective Date: September 15, 2026

1. Introduction and Acceptance

These Terms of Service ("Terms") are an agreement between you and the operator of Winnebago Waves ("we," "us," or "our"). They govern your access to and use of Winnebago Waves (the "Service"), a website and mobile application that streams and replays publicly-broadcast, unencrypted public-safety radio traffic from Winnebago County and Outagamie County, Wisconsin, and surrounding areas.

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. What the Service Is, and Is Not

Winnebago Waves receives radio transmissions that are broadcast in the clear over public airwaves, and makes them available to listen to live or on a short replay delay.

The Service is not affiliated with, endorsed by, or operated by any law enforcement agency, fire department, emergency medical service, or unit of government. Nothing on the Service is an official communication from any agency.

The Service is provided for informational and situational-awareness purposes only. It is not an emergency notification system. Do not rely on it in an emergency. If you have an emergency, call 911.

You don't rely on the Service for decisions that matter. Coverage can drop out or lag, calls can be missed or incomplete, and anything we show about a call can be wrong. You agree not to rely on the Service, or on anything heard or shown on it, for your own or anyone else's safety, or for legal, medical, financial, or business decisions.

3. Encrypted Traffic

The Service does not access, decrypt, record, or make available any encrypted transmission. We do not hold encryption keys and do not seek them. Where an agency encrypts a talkgroup, that traffic is simply unavailable to us, and it will not appear on the Service.

4. Using the Service

The Service is for listening to your community's public-safety radio; live, on replay, and through the features your plan includes, such as saving clips of individual calls to your account. Saved clips are private to your account. Some accounts can also download calls and saved clips as audio files, where their access includes it.

Interfering with emergency response is dangerous. Real people depend on responders reaching them quickly and safely, and acting on what you hear; by going to a scene, contacting the people involved, or getting in responders' way can put lives at risk, and in many places is a crime. The Service is not a way to be involved in an incident, and nothing heard on it is an invitation to act.

Recordings are for your own use. Audio, transcripts, and other content from the Service may not be:

• rebroadcast or re-streamed, in whole or in part;
• sold, licensed, or otherwise redistributed commercially; or
• scraped, bulk-downloaded, or extracted systematically, including by automating the Service's download or search features.

Getting around access controls, rate limits, retention windows, account approval, or plan restrictions isn't allowed either.

We may suspend or close accounts that are used to interfere with emergency response, to harm or harass people, to do any of the above, or to misuse or overload the Service.

5. Accounts

You must provide accurate information and keep your credentials secure; we recommend turning on two-factor sign-in. You are responsible for activity under your account. You must be at least 18 years old, or the age of majority where you live, to create an account.

An account is for one person. Do not share your account or its sign-in with others.

Access to accounts. We may require new accounts to be approved before they can use the Service, and we may limit or withdraw an account's access.

We may suspend or terminate accounts that violate these Terms.

6. Third Parties Heard in Transmissions

Radio traffic frequently concerns people who are not users of the Service and who have not agreed to these Terms. They may be identified by name, address, or circumstance, sometimes at the worst moment of their lives. Recordings, including clips you save or download, can carry that information with them, so please keep it in mind before passing anything on.

If you are a person heard in a transmission and want it removed, contact us — see the Privacy Policy for the takedown route.

7. Plans, Subscriptions, and Payment

• Free accounts can listen live and replay recent calls.
• Premium adds features such as no ads, a longer replay window, keyword alerts, and saved clips. What each plan includes is described in the Service and at the point of purchase.
• Premium is sold only in our iOS and Android apps, through the Apple App Store and Google Play. The current price is US $6.99 per month, plus any applicable tax. Purchases are also governed by that store's terms, and refunds are handled by that store.
• A subscription covers one account — on every device you sign into with that account. There is no family or shared plan, and a subscription may not be shared with other people.
• Subscriptions renew automatically until cancelled. You can cancel at any time in your App Store or Google Play subscription settings, effective at the end of the current billing period.
• We may change pricing on notice. Changes do not apply to a billing period already paid for.

8. Experimental Features

We may test experimental features with a limited group of accounts we select, These are not available to everyone, and access is at our discretion.

Experimental features are often wrong. They may change, stop working, or be withdrawn at any time.

9. Availability, Accuracy, and Warranty

The Service depends on radio reception, third-party infrastructure, and agencies' own decisions about what they broadcast. Coverage may be incomplete, interrupted, delayed, or discontinued at any time. Talkgroup labels and metadata may be wrong.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, COMPLETE, TIMELY, OR ACCURATE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM, OR ONE HUNDRED U.S. DOLLARS.

These limitations apply whatever the legal theory of the claim (contract, tort including negligence, or otherwise), even if we were told the loss was possible.

Some jurisdictions do not allow these limitations; where that is so, they apply to the fullest extent permitted, and nothing in these Terms limits liability that the law does not allow to be limited.

11. Indemnification

You agree to indemnify and hold us harmless from claims arising out of your use of the Service or your violation of these Terms, including your use of audio or information obtained from it.

12. Intellectual Property

The Service's software, design, branding, and compilation of content are ours. The underlying radio transmissions are public broadcasts and are not claimed as our property.

13. Changes to These Terms

We may update these Terms. Every version is kept and identified by version number, and the version you accepted remains available to you. Where changes are material, we will ask you to accept the new version before continuing to use the Service.

14. Termination

You may stop using the Service and delete your account at any time from your account page. We may suspend or terminate access for violation of these Terms, or discontinue the Service.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws rules.

Where disputes are heard. Any dispute relating to these Terms or the Service must be brought only in the state courts located in Winnebago County, Wisconsin, or the federal courts for the Eastern District of Wisconsin, and you and we both agree to those courts' jurisdiction. Either of us may still bring a claim in small claims court where it qualifies.

Time limit for claims. Any claim relating to these Terms or the Service must be filed within one year after it arises. Otherwise it is permanently barred, to the fullest extent the law allows.

Jury trial waiver. To the fullest extent permitted by law, you and we each waive any right to a jury trial for any dispute relating to these Terms or the Service.

If any part of these Terms is found unenforceable, that part is limited to the minimum extent necessary and the rest remains in effect.

16. Contact

Questions about these Terms: legal@winnebagowaves.com

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