Swelter Terms of Service
Last Updated: July 24, 2026
These Terms of Service (“Terms”) are a binding agreement between you and RBRN Labs LLC, a Virginia limited liability company (“RBRN Labs,” “we,” “us”), governing your use of the Swelter iOS application and related content and services (collectively, the “App”).
By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be at least 13 years old to use the App. If you are under 18, you may use the App only with the consent of a parent or legal guardian who agrees to these Terms on your behalf.
2. What Swelter Is
Swelter is an informational planning aid for heat safety. It estimates wet-bulb globe temperature (WBGT) and related conditions from third-party weather data and presents general guidance about outdoor heat risk. Swelter is not a medical device, does not provide medical, diagnostic, or treatment advice, and is not a substitute for professional judgment, official heat advisories, or emergency services. The App is not designed or suitable for regulatory, occupational, or organizational compliance purposes.
3. Weather Data and Accuracy
Conditions shown in the App (including WBGT, wet-bulb temperature, heat index, UV index, and forecasts) are estimates computed from third-party weather data (Apple Weather), not measurements from a calibrated on-site device. Weather data may be incomplete, delayed, or inaccurate, and actual conditions at your location may differ significantly from the values shown. We make no representation or warranty regarding the accuracy, completeness, or timeliness of any information in the App.
Notifications and alerts depend on forecast data, your device settings, and delivery by iOS, and may be delayed or not delivered. Do not rely on the App’s alerts as your only safeguard.
4. Assumption of Risk
READ THIS SECTION CAREFULLY.
Outdoor activity in heat carries inherent risks, including serious injury, heat-related illness, and death. You are solely responsible for your own health, safety, actions, and decisions. The App’s flags, scores, and guidance are informational estimates only; they are not a guarantee of safety, and no output of the App (including a “green” or “GOOD TO GO” indication) means that outdoor activity is safe for you.
By using the App, you knowingly and voluntarily assume all risks associated with outdoor activity and with any reliance on the App’s information. Always exercise your own judgment, follow guidance from local authorities, event organizers, and qualified medical professionals, and account for your personal health conditions, acclimatization, and circumstances.
5. Not Medical Advice
The App does not provide medical advice. If you experience signs of heat illness (such as dizziness, confusion, nausea, or you stop sweating), stop activity, get to shade, cool down, and seek immediate medical attention if symptoms are serious or persist. Never disregard professional medical advice or delay seeking it because of information in the App.
6. License and Acceptable Use
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, for personal, lawful, non-commercial purposes, in accordance with these Terms and Apple’s App Store terms.
You agree not to: (a) copy, modify, distribute, sell, sublicense, or create derivative works of the App; (b) reverse engineer, decompile, or attempt to extract the App’s source code, except to the extent permitted by applicable law; (c) interfere with or disrupt the operation of the App; or (d) use the App in any unlawful manner or for any unlawful purpose.
7. Purchases and Subscriptions
The App offers optional paid features via auto-renewing subscriptions and one-time purchases, processed exclusively through Apple’s App Store. Prices are displayed in the App before purchase.
- Billing and renewal. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period, per Apple’s policies. Your Apple account is charged for renewal within 24 hours before the current period ends. If a subscription offer includes a free trial, the trial converts to a paid subscription unless canceled at least 24 hours before the trial ends.
- Managing and canceling. You can manage or cancel subscriptions in your Apple account settings. Deleting the App does not cancel a subscription.
- Refunds. All billing, refunds, and cancellations are governed by Apple’s App Store policies and handled by Apple. We do not process payments and cannot issue refunds directly.
- Changes. We may change pricing or the features included in paid tiers prospectively; changes will not affect a subscription period you have already paid for.
8. Intellectual Property
The App, including its software, design, text, graphics, and branding, is owned by RBRN Labs LLC and protected by copyright, trademark, and other intellectual property laws. No rights are granted to you other than the limited license in Section 6.
9. Privacy
Our Privacy Policy describes how the App handles information and is incorporated into these Terms by reference.
10. Third-Party Services
The App relies on third-party services, including Apple Weather (weather data) and Apple’s App Store and StoreKit (distribution and purchases). Your use of third-party services is governed by their respective terms and policies. We are not responsible for third-party services or their availability.
References in the App to third-party organizations, agencies, standards, publications, or researchers (including on the Sources screen) are for informational and attribution purposes only. RBRN Labs LLC is not affiliated with, endorsed by, or sponsored by any such party, and threshold values and guidance in the App are drawn from their published, publicly available materials.
11. Changes to the App
We may modify, suspend, or discontinue the App or any feature at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the App.
12. Disclaimer of Warranties
THE APP AND ALL INFORMATION PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE APP’S ESTIMATES OR GUIDANCE WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR CIRCUMSTANCES.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RBRN LABS LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, ILLNESS, DEATH, LOST PROFITS, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE APP OR ANY INFORMATION PROVIDED THROUGH IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US THROUGH THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).
Some jurisdictions do not allow the limitation of certain damages, so some of the above limitations may not apply to you.
14. Indemnification
You agree to indemnify and hold harmless RBRN Labs LLC and its members, officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the App, your violation of these Terms, or your violation of any law or the rights of any third party.
15. Apple-Specific Terms
These Terms are between you and RBRN Labs LLC, not Apple Inc. (“Apple”). Apple has no obligation to provide maintenance or support for the App and is not responsible for addressing any claims relating to the App, including product liability, legal compliance, or intellectual property claims. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.
16. Termination
We may suspend or terminate your access to the App at any time if you violate these Terms. You may stop using the App at any time. Sections 3, 4, 5, 8, and 12 through 19 survive termination.
17. Changes to These Terms
We may update these Terms from time to time. The “Last Updated” date above reflects the most recent version. Material changes will be posted at this page. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.
18. Governing Law; Dispute Resolution; Class-Action Waiver
These Terms are governed by the laws of the Commonwealth of Virginia and the United States of America, without regard to conflict-of-law principles.
Informal resolution first. Before filing any claim, you agree to contact us (Section 20) and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Binding arbitration. Except for the carve-outs below, any dispute arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in Virginia or, where the rules allow, remotely or in your county of residence. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Carve-outs. Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or other equitable relief in court for infringement or misuse of intellectual property rights.
CLASS-ACTION WAIVER. ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
Opt-out. You may opt out of this arbitration agreement by contacting us (Section 20) within thirty (30) days of first accepting these Terms; opting out does not affect any other provision of these Terms.
If the arbitration agreement is found unenforceable as to a particular claim, that claim shall be brought exclusively in the state or federal courts located in Virginia, and you consent to the personal jurisdiction of those courts. Nothing in this section limits any non-waivable consumer-protection rights you hold under the laws of your place of residence.
19. General
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy, are the entire agreement between you and RBRN Labs LLC regarding the App. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
20. Contact
RBRN Labs LLC, Virginia, USA Questions about these Terms: https://rbrn-labs.com/support/