Legal

Effective April 15, 2026

Privacy PolicyTerms of Service

Privacy Policy

This Privacy Policy explains how Dark Wave Marketing Science, LLC ("Dark Wave," "we," or "us"), operating the website and application NoGo Sierra (the "Service"), collects, uses, and shares information about you. It applies to visitors who browse the Service anonymously as well as registered account holders.

By using the Service, you acknowledge that you have read and understood this Policy. If you do not agree with any part of it, please do not use the Service.

1. Information we collect

a. Information you provide

When you create a NoGo Sierra account, we collect information supplied through the authentication provider you choose (currently Google). This typically includes your name, email address, profile photo URL, and a unique identifier issued by the provider.

If you save locations, set notes, or opt in to the email digest, we store that information alongside your account record. If you later purchase a NoGo+ subscription, we collect billing contact information required to process the subscription; payment card details are handled by our payment processor and are never stored on our servers.

b. Information collected automatically

When you use the Service, we automatically collect certain technical information, including your approximate geographic location (derived from IP address or, with your permission, your device's geolocation sensor), device type, browser type, operating system, language, referring URL, pages viewed, and interactions with the map.

We use anonymous presence pings — short-lived records that a particular location was viewed or centered on — to power the Service's crowding estimates. These pings are stored without any persistent identifier tied to your account and are aggregated before they are shown to other users.

c. Information from third parties

When you sign in with Google, Google shares the basic profile fields listed above with us. We do not receive your Google password, contact list, or any information outside the scope you authorize at sign-in.

2. How we use your information

We use the information we collect to:

  • Operate, maintain, and improve the Service.
  • Authenticate your account, keep it secure, and provide customer support.
  • Produce forecasts, NoGo scores, crowding estimates, and safety overlays personalized to your selected region and time window.
  • Send you operational messages (for example, changes to this Policy or to a subscription you hold). We will not send marketing email without your opt-in.
  • Monitor aggregate usage of the Service for analytics, product decisions, and abuse prevention.
  • Comply with legal obligations and enforce our Terms of Service.

3. How we share your information

We do not sell your personal information. We share information only in the circumstances described below.

a. Service providers

We rely on third-party service providers to run the Service. Each is bound by contract to use your information only to provide services to us. Current providers include:

  • Google Cloud Platform and Firebase — hosting, authentication, database, and product analytics.
  • Mapbox — map tiles and rendering.
  • Tomorrow.io and other weather data suppliers — forecast and observation data.
  • Stripe (when subscriptions launch) — payment processing and subscription management.

b. Legal and safety

We may disclose information when we believe in good faith that disclosure is required by law, necessary to enforce our Terms of Service, or necessary to protect the rights, property, or safety of users or the public.

c. Business transfers

If Dark Wave is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. We will notify account holders of any such change and of any resulting changes to this Policy.

4. Cookies and similar technologies

We and our service providers use cookies, local storage, and similar technologies to keep you signed in, remember your preferences, and measure usage. You can disable cookies in your browser settings; doing so may impact account features such as staying signed in.

5. Your choices and rights

Regardless of where you live, you may:

  • Access the information stored on your account at any time from the Account & billing page.
  • Delete your account, which permanently removes your profile record and associated saved data.
  • Contact us at support@nogosierra.com to request a copy of your account data or to correct inaccurate information.
  • Opt out of any email digest we offer, at any time, using the unsubscribe link in the message or by updating your account settings.

If you are a resident of California, Colorado, Connecticut, Virginia, Utah, or another U.S. state with a comprehensive privacy statute, you have additional rights under that statute, including the right to know, correct, delete, and limit the use of personal information, and to appeal a decision we make about your request. Contact us at the email above to exercise any of these rights. We will respond within the time required by applicable law.

6. Data retention

We retain account information for as long as your account is active and for a reasonable period afterward as necessary to meet our legal and operational obligations. Anonymous presence and analytics data is retained in aggregate form and is not tied to your identity after the brief initial collection window.

7. Security

We apply reasonable administrative, technical, and physical safeguards designed to protect the information we collect. No system is perfectly secure, however, and we cannot guarantee the absolute security of information transmitted to or stored by the Service.

8. Children's privacy

The Service is not directed to children under 13, and we do not knowingly collect information from anyone under 13. If you believe we have collected information from a child under 13, please contact us and we will delete it.

9. International users

The Service is operated from the United States. If you access the Service from outside the United States, you acknowledge that information we collect will be processed in the United States and may be subject to U.S. law.

10. Changes to this Policy

We may update this Policy from time to time. If we make material changes, we will update the effective date at the top of this page and, if you have an account, give you notice by email or an in-app message before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Policy.

11. Contact us

Questions about this Policy or about your personal information should be sent to:

Dark Wave Marketing Science, LLC
Attn: NoGo Sierra Privacy
support@nogosierra.com

Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Dark Wave Marketing Science, LLC ("Dark Wave," "we," "us," or "our"), operator of the NoGo Sierra website and application (the "Service"). By accessing or using the Service you agree to be bound by these Terms and by our Privacy Policy above. If you do not agree, do not use the Service.

Important safety notice — please read

NoGo Sierra provides forecast, condition, and routing information for the Sierra Nevada. This information is aggregated from third-party sources and generated algorithmically. Conditions in the backcountry and on roads can change quickly and can differ substantially from any forecast or score shown on the Service. Avalanche danger, fire behavior, air quality, weather, snow stability, and road conditions are inherently unpredictable and can be life-threatening.

The Service is a planning and decision-support tool. It is not a substitute for professional judgment, current local observation, official avalanche forecasts from NWAC or CAIC, National Weather Service advisories, Forest Service or National Park Service closures and alerts, local law-enforcement guidance, or your own training and experience. Do not rely on the Service alone to make decisions that affect your safety or the safety of others. You are solely responsible for your choices in the backcountry and on the road.

1. The Service

The Service provides maps, weather and condition forecasts, composite NoGo scores, crowding estimates, and related outdoor planning features covering locations in the Sierra Nevada. Features, content, and availability may change over time at our discretion.

2. Accounts

You may browse the Service without creating an account. Certain features require an account, which you can create using a supported authentication provider.

You must be at least 13 years old to create an account. If you are younger than the age of majority in your jurisdiction, you confirm that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. You are responsible for keeping your account credentials secure and for all activity that occurs under your account.

You agree to provide accurate information and to maintain one account per person. We may suspend or terminate accounts we reasonably believe are fraudulent, abusive, or in violation of these Terms.

3. Acceptable use

You agree not to:

  • Use the Service in any way that violates applicable law or the rights of others.
  • Interfere with, disrupt, or circumvent the Service's security, rate limits, or paywalls, or attempt to access areas of the Service you are not authorized to access.
  • Scrape, mirror, resell, or systematically reproduce the content served by the Service without our prior written consent.
  • Use the Service to transmit harmful code or to harvest information about other users.
  • Misrepresent your identity, impersonate any person or entity, or create accounts by automated means.

4. Subscriptions and billing

Certain features of the Service are available only to users who hold a paid subscription ("NoGo+"). Subscription prices, trial terms, and renewal frequency are presented to you before you enter into a paid plan.

Subscriptions renew automatically at the end of each billing period at the then-current rate unless you cancel before the renewal date. You can cancel at any time from the Account & billing page. Cancellation takes effect at the end of the current billing period; you will continue to have access to NoGo+ features until that date.

Except where required by law, subscription fees are non-refundable. If we change subscription pricing we will give you reasonable prior notice, and the new price will apply at your next renewal. Payment is processed by our third-party payment processor; you authorize us and the processor to charge your designated payment method.

5. Intellectual property

The Service, including its interface, composite scoring methodology, original written content, logos, and the NoGo Sierra name, is owned by Dark Wave and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use.

Certain data displayed in the Service — including map imagery, avalanche danger ratings, and weather observations — is provided by third parties and is subject to those providers' own terms.

If you submit feedback, notes, saved locations, or other content to the Service, you grant Dark Wave a worldwide, royalty-free license to use that content to operate and improve the Service.

6. Third-party services and links

The Service integrates data and functionality from third parties, including (without limitation) Mapbox, Tomorrow.io, the Northwest Avalanche Center (NWAC), the California Avalanche Information Center (CAIC), Google and Firebase services, and our payment processor. Third-party content and services are subject to their respective terms, and we do not control and are not responsible for them.

7. Disclaimers

The Service is provided "as is" and "as available."

To the fullest extent permitted by law, Dark Wave disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted availability. We do not warrant that forecasts, NoGo scores, crowding estimates, avalanche or fire overlays, routing information, or any other content will be accurate, current, or error-free, or that the Service will be available without interruption.

Your use of the Service is at your sole risk. You are responsible for independently verifying conditions, consulting official sources, and making safe choices.

8. Limitation of liability

To the fullest extent permitted by law, Dark Wave and its officers, members, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of the Service, whether based in contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Our aggregate liability to you for all claims arising out of or related to the Service will not exceed the greater of (a) the total amount you paid to us for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow the limitations in this section; in those jurisdictions our liability is limited to the smallest extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless Dark Wave and its officers, members, employees, and affiliates from any claim, loss, liability, demand, or expense (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

10. Termination

You may stop using the Service and delete your account at any time from the Account & billing page. We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms or that your continued use presents a risk to us or other users. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

11. Governing law and dispute resolution

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-law rules. You and Dark Wave agree that any dispute arising out of or related to the Service or these Terms will be resolved in the state or federal courts located in Clark County, Nevada, and you consent to the personal jurisdiction and venue of those courts. Each party waives the right to a trial by jury.

12. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date at the top of this page and, if you hold an account, give you notice by email or in-app message. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the revisions.

13. Miscellaneous

These Terms, together with our Privacy Policy above, form the entire agreement between you and Dark Wave regarding the Service and supersede any prior agreements on the same subject. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

14. Contact

Questions about these Terms should be sent to:

Dark Wave Marketing Science, LLC
Attn: NoGo Sierra Legal
support@nogosierra.com

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