These Terms of Use ("Terms") govern your use of the HamClock application and the backend service operated under the hamclock.com domain (collectively, the "Service"). By installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. About HamClock
HamClock is amateur radio reference software that displays propagation data, solar conditions, world maps, and related information for licensed amateur radio operators. The original HamClock software was created by Elwood Downey (WB0OEW) and is licensed under permissive open-source terms. The current backend service and downstream application distribution are independently maintained by HamClock.com ("we," "us," "our").
These Terms apply to your use of our distribution and backend service. They do not modify the underlying open-source license terms applicable to the upstream HamClock source code, which remain in effect for that code.
2. Eligibility and intended use
The Service is intended for use by licensed amateur radio operators and individuals interested in amateur radio. By using the Service, you represent that:
- You are at least 13 years of age, or are using the Service under appropriate parental supervision
- If you enter an amateur radio callsign in the application, you either hold the corresponding license or have authorization to use that callsign for testing or display purposes
- You will use the Service in compliance with all applicable laws and amateur radio regulations in your jurisdiction
3. License grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Install and use the HamClock application on devices you own or control
- Access the backend service for personal amateur radio reference purposes
This license does not include the right to redistribute the application, repackage it, modify and distribute modified versions, or commercially exploit the Service.
4. Service tiers
The Service is offered in multiple tiers, which may include a free tier and one or more paid or donor-supported tiers. Each tier may receive different levels of service, including but not limited to request rate limits, feature availability, response priority, or routing through different backend endpoints.
We may modify the features, limitations, or availability of any tier at any time. Where reasonably possible, we will provide advance notice of material changes affecting paid or donor-supported tiers.
5. Acceptable use
You agree not to:
- Use the Service in any way that interferes with its operation, including denial-of-service attacks, excessive automated requests, or attempts to circumvent rate limits
- Reverse engineer, decompile, or disassemble the application except to the extent expressly permitted by applicable law
- Repackage the application, distribute modified versions, or claim authorship of the Service
- Scrape, bulk-download, or systematically extract data from the backend service for redistribution or commercial use
- Use the Service to harass, defame, or otherwise harm any individual or organization, including transmitting amateur radio data with intent to mislead
- Attempt to gain unauthorized access to backend systems, other users' data, or any related infrastructure
- Use the Service in violation of applicable amateur radio regulations or other laws
6. Data accuracy and "AS IS" disclaimer
The Service displays data sourced from public space weather, propagation, and amateur radio reporting feeds. Such data is inherently subject to delays, errors, omissions, and outages from upstream sources. Propagation predictions are computed estimates and do not guarantee actual radio propagation conditions.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that any data displayed will be accurate or current.
You acknowledge that operating decisions based on data from the Service — including but not limited to band selection, antenna decisions, contest planning, emergency communications, or any other amateur radio activity — are made at your own discretion and risk.
7. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HAMCLOCK.COM, ITS PRINCIPALS, AFFILIATES, OR CONTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF CONTACTS, MISSED COMMUNICATION OPPORTUNITIES, EQUIPMENT DAMAGE, CONTEST OUTCOMES, OR ANY OTHER LOSS ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
Our total cumulative liability arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid us for access to the Service in the twelve months preceding the claim, or (b) twenty United States dollars (USD $20).
Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages. To the extent such limitations are not enforceable in your jurisdiction, our liability is limited to the smallest amount permitted by law.
8. Donor and paid tier terms
If you contribute to a donor or paid tier, the following additional terms apply:
- Contributions support the ongoing development and operation of the Service. They are not investments and grant no ownership, equity, or governance rights in HamClock.com or the Service.
- Access to a paid tier is provided as long as the tier remains operational. We reserve the right to discontinue or modify paid tiers, in which case we will provide reasonable notice and, where appropriate, prorated refunds for unused subscription periods.
- Refund eligibility is governed by the policies of the platform through which the contribution was made. For contributions made directly to us, refund requests within 14 days of payment will be honored at our reasonable discretion.
- Contributing to a paid tier does not create an employment, partnership, or joint venture relationship.
9. Service availability and changes
We make reasonable efforts to keep the Service available but make no representations regarding uptime or service-level performance. We may modify, suspend, or discontinue any aspect of the Service at any time, including the application, the backend, individual features, data feeds, or specific tiers.
Maintenance, infrastructure migrations, upstream data outages, and operator discretion are all valid reasons for temporary or permanent changes. We are not obligated to provide advance notice for free-tier changes, though we will attempt to do so where practical.
10. Third-party services
The Service incorporates data from public third-party sources, including but not limited to NOAA, NASA, PSKReporter.info, and various amateur radio data feeds. We do not control these services and are not responsible for their availability, accuracy, or terms of use. Your use of features that rely on third-party data may be affected when those upstream services are unavailable, change format, or modify their policies.
11. Intellectual property
The HamClock name, the channel designations associated with our service tiers, our application implementations, the backend service architecture, and associated branding are the property of their respective owners. The underlying HamClock open-source software remains the property of its upstream author and contributors and is governed by its applicable open-source license.
Nothing in these Terms grants you any rights in our trademarks, service marks, or branding beyond your reasonable use of the application as installed.
12. Termination
We may suspend or terminate your access to the Service, with or without notice, for conduct that we determine in good faith violates these Terms or harms other users, the Service, or third parties. You may stop using the Service at any time by uninstalling the application.
Sections regarding disclaimer of warranties, limitation of liability, intellectual property, and dispute resolution survive termination of these Terms.
13. Privacy
Your use of the Service is also subject to our Privacy Policy, which describes how we handle data transmitted to the backend service. The Privacy Policy is incorporated into these Terms by reference.
14. Governing law and disputes
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved through good-faith negotiation; failing that, through binding arbitration in Broward County, Florida, or, where arbitration is not available, in the state or federal courts located in Broward County, Florida.
You waive any objection to the exclusive jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or address abuse of the Service.
15. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Material changes affecting paid tiers will be communicated where reasonably possible. Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.
16. Severability and entire agreement
If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and HamClock.com regarding the Service and supersede any prior agreements or understandings.
Contact
HamClock.com
For Terms questions: contact@hamclock.com
HamClock is amateur radio reference software, originally created by Elwood Downey (WB0OEW). The current backend service and downstream applications are independently maintained.