By downloading, installing, accessing, or using Powder Alert ("the App"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms in their entirety, you must immediately delete the App and discontinue all use. Your continued use of the App constitutes your ongoing acceptance of these Terms, including any updates.
Powder Alert aggregates and displays snow condition summaries, resort webcam links, forecast data, and push notification alerts sourced from third-party data providers including Open-Meteo, Environment and Climate Change Canada (ECCC), and publicly available resort reports. Where resort data is displayed, the App attributes each resort with a direct link to the original source. The App is available as a free tier with a limited selection of resorts and features. Additional resorts and premium features are available via optional in-app purchase.
The App is strictly informational. It does not replace, and must never be used as a substitute for, official avalanche bulletins, weather advisories, road condition reports, or professional guidance from trained mountain safety experts. Data presented in the App may be inaccurate, delayed, incomplete, or unavailable. See Section 7 for full disclaimers.
The App is intended for users aged 13 and over. Users under the age of majority in their jurisdiction must use the App under the supervision and with the consent of a parent or legal guardian, who accepts full responsibility for all use and for all mountain travel and safety decisions made in connection with the App.
The App does not require an account or personal registration. Notification preferences are stored locally on your device and, where applicable, in our backend systems tied only to an anonymized device token. You are responsible for managing your notification preferences.
Powder Alert is licensed for personal, non-commercial use only. You may not use the App or its data for commercial purposes without prior written consent from Lesery Labs Inc.
You must not use the App for any unlawful purpose, to harass or harm others, or to misuse, scrape, redistribute, or resell any data provided through the App.
You must not attempt to reverse engineer, decompile, disassemble, interfere with, overload, or circumvent any part of the App or its backend infrastructure. Any attempt to do so may result in immediate termination of access and potential legal action.
Weather and forecast data is sourced from Open-Meteo and Environment and Climate Change Canada (ECCC). These providers operate under their own terms of service and intellectual property policies. Lesery Labs Inc. makes no warranties regarding the accuracy, timeliness, or completeness of this data.
Snow condition reports and webcam feeds are sourced from publicly available resort publications and web resources. The App attributes each resort with a direct link to the original source. This information is presented for convenience only. Lesery Labs Inc. does not claim ownership of this content, does not verify its accuracy, and is not responsible for its availability or correctness.
Some resort data is retrieved and parsed programmatically from publicly available sources. This parsing process is subject to software errors, formatting changes, transmission delays, and other technical limitations. Data displayed in the App may be delayed, incomplete, incorrectly parsed, or entirely missing. You must independently verify all conditions before making any travel or safety decision.
All other intellectual property in the App — including but not limited to the user interface, branding, design, code, and trade names — belongs to Lesery Labs Inc. or its licensors. You may not copy, distribute, modify, or create derivative works of the App except as expressly permitted by applicable law.
Please read this section carefully. It contains important limitations on Lesery Labs Inc.'s liability and defines the scope of our legal obligations to you.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LESERY LABS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Lesery Labs Inc. makes no representation or warranty — express or implied — that any data, report, forecast, snow condition summary, webcam feed, or notification delivered through the App is accurate, current, complete, error-free, or fit for any purpose. Without limiting the foregoing:
(a) Data may be delayed. Snow reports, forecasts, and webcam feeds may be cached, delayed, or out of date by hours or more due to network conditions, third-party provider limitations, or processing latency.
(b) Data may be incorrect or misrepresented. Automated parsing of resort websites may produce incorrect, garbled, or entirely false results due to changes in source formatting, software bugs, or transmission errors.
(c) Notifications are not guaranteed. Push notification delivery depends on device connectivity, operating system behavior, and third-party infrastructure outside our control. We do not guarantee that any alert will be delivered on time or at all.
(d) Software bugs. As with all software, the App may contain bugs or errors that cause data to display incorrectly or functionality to behave unexpectedly. Lesery Labs Inc. is not liable for any loss or harm caused by software defects.
SKIING, SNOWBOARDING, BACKCOUNTRY TRAVEL, AND MOUNTAIN ACTIVITIES INVOLVE INHERENT AND SERIOUS RISKS OF INJURY OR DEATH FROM NATURAL HAZARDS INCLUDING BUT NOT LIMITED TO AVALANCHES, TREE WELLS, CLIFFS, VARIABLE SNOW CONDITIONS, AND SEVERE WEATHER.
THE APP DOES NOT PROVIDE AVALANCHE SAFETY GUIDANCE AND IS NOT A SUBSTITUTE FOR OFFICIAL AVALANCHE FORECASTS ISSUED BY RECOGNIZED AUTHORITIES SUCH AS AVALANCHE CANADA OR LOCAL EQUIVALENT BODIES. NEVER RELY ON POWDER ALARM AS YOUR PRIMARY OR SOLE SOURCE OF INFORMATION WHEN MAKING DECISIONS THAT AFFECT YOUR PERSONAL SAFETY OR THE SAFETY OF OTHERS.
YOU ASSUME FULL AND SOLE RESPONSIBILITY FOR ALL DECISIONS RELATED TO MOUNTAIN TRAVEL AND OUTDOOR ACTIVITIES, INCLUDING DECISIONS INFORMED IN WHOLE OR IN PART BY DATA DISPLAYED IN THE APP.
Lesery Labs Inc. may modify, suspend, limit, or permanently discontinue any feature or the entire App at any time, with or without notice. We do not warrant uninterrupted or error-free operation of the App or its backend services.
Powder Alert is available for download and use at no charge, with access to a limited selection of resorts and features. Lesery Labs Inc. reserves the right to modify which resorts and features are included in the free tier at any time, with or without notice.
Optional in-app purchases ("IAP") are available to unlock additional resorts and premium features. All purchases are processed by Apple (App Store) or Google (Google Play). Lesery Labs Inc. does not receive or store your payment card details or billing information. All purchases are subject to Apple's or Google's applicable terms of service.
We reserve the right to change the pricing or availability of in-app purchases at any time. Price changes will not affect purchases you have already completed. We may introduce new premium features, modify existing ones, or discontinue features, including those you have purchased, with reasonable notice where practicable.
All refund requests must be submitted directly to Apple or Google, as applicable. Lesery Labs Inc. does not independently process refunds. Refund eligibility is governed entirely by Apple's and Google's respective refund policies. We have no obligation to provide refunds or credits for any purchases.
You may restore prior purchases on the same platform and Apple ID or Google account. We are not responsible for the inability to restore purchases resulting from account changes, platform policy, or other circumstances outside our control.
Powder Alert does not currently display advertisements. We reserve the right to introduce advertising in future versions of the App. If we do so, we will update our Privacy Policy, provide reasonable notice within the App, and comply with all applicable platform requirements and privacy laws. We will never introduce advertising without first updating our Privacy Policy and providing notice to users.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LESERY LABS INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND PARTNERS (COLLECTIVELY, "LESERY PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
(a) lost profits, data, revenue, goodwill, or business opportunities;
(b) personal injury, death, or property damage arising from outdoor or mountain activities, whether or not informed by data displayed in the App;
(c) harm arising from inaccurate, delayed, incomplete, or missing data, forecasts, or notifications;
(d) harm arising from software bugs, errors, or unexpected App behavior;
(e) any loss arising from your reliance on the App for safety-critical decisions.
IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF THE LESERY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU PAID FOR THE APP (WHICH IS CURRENTLY ZERO DOLLARS) OR (II) THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF YOU ARE IN SUCH A JURISDICTION, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
You agree to indemnify, defend, and hold harmless the Lesery Parties from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the App; (b) any decision — including any travel, safety, or recreational decision — made in reliance on data from the App; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.
Lesery Labs Inc. may suspend or terminate your access to the App at any time, with or without notice, if we reasonably believe you have violated these Terms, for operational reasons, or for any other reason at our discretion. Upon termination, your right to use the App ceases immediately.
Sections that by their nature survive termination — including Sections 6.4, 7, 8, 9, 11, 12, and 13 — shall remain in full force and effect following any termination.
We may release updates to the App that add, modify, or remove features. By continuing to use the App following an update, you agree that these Terms apply to all versions of the App, including future releases, unless we provide updated Terms at that time.
We may revise these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and may provide notice within the App. Your continued use of the App after the effective date of any revision constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the App.
These Terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict-of-law provisions. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts located in Calgary, Alberta, Canada, and you consent to personal jurisdiction in those courts.
If you are accessing the App from outside Canada, you do so at your own initiative and are responsible for compliance with applicable local laws.
Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lesery Labs Inc. regarding the App and supersede all prior agreements or understandings.
Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
No waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.
Assignment. You may not assign your rights or obligations under these Terms. Lesery Labs Inc. may assign these Terms without restriction.
By downloading or using Powder Alert, you confirm that you have read, understood, and agree to these Terms of Use in their entirety.