These Terms of Service ("Terms") govern your access to and use of Nibi Metrics (the "Service"), a water intelligence platform operated by Muskoka Research Inc. ("we," "us," or "our"), an Ontario corporation.
By creating an account or otherwise using the Service, including anonymous browsing, you agree to these Terms. If you do not agree, do not use the Service.
⚠ IMPORTANT SAFETY NOTICE
Nibi Metrics is an informational service only. It is not designed for, and must not be used for, life-safety decisions, flood-response, emergency planning, navigation, structural engineering decisions, or insurance underwriting.
For official warnings, evacuation orders, or any decision where lives, health, or significant property are at stake, you must rely on Environment and Climate Change Canada, your provincial or municipal emergency management authority, and other authoritative sources. We do not guarantee the accuracy, timeliness, or completeness of any data displayed in the Service.
Nibi Metrics provides information about water levels, weather conditions, and related environmental data for lakes and rivers, primarily in Canada. The Service includes:
Some features are free; others require a paid subscription ("Premium").
You must be at least 18 years of age to create an account or subscribe to the Service. By using the Service, you represent that you meet this requirement and have the legal capacity to enter into these Terms.
You may use the Service anonymously for a limited preview period without creating an account. To access most features you must create an account by providing a valid email address and password.
You are responsible for keeping your account credentials secure. You agree to notify us promptly at info@muskokaresearch.com if you suspect any unauthorized access to your account.
You may have only one account per person. We may suspend or terminate accounts that violate these Terms (see Section 9).
The Service offers a Free tier and a Premium subscription. Pricing for Premium is displayed within the Service. We may change pricing at any time; existing subscribers will be notified before any price change takes effect.
Payments are processed by Stripe, Inc., a third-party payment processor. By subscribing, you agree to Stripe's terms and authorize Stripe to charge your payment method on a recurring basis until you cancel.
Subscriptions renew automatically at the end of each billing period unless cancelled. The subscription fee will be charged in your local currency where supported.
You may cancel your subscription at any time from your account settings or via Stripe's customer portal. When you cancel:
Subscription fees are non-refundable. Once you have been charged for a billing period, you will not receive a refund for any unused portion if you cancel or if your account is terminated. The Service remains available to you until the end of the paid period.
This policy applies regardless of how you cancel — through your account, through Stripe's customer portal, or by deleting your account entirely. If you wish to retain access through your paid period, cancel rather than delete.
In rare cases of billing errors or technical failure, contact us at info@muskokaresearch.com and we will investigate in good faith.
Prices displayed are inclusive or exclusive of applicable taxes as indicated at checkout. You are responsible for any taxes, duties, or government charges associated with your subscription.
You agree not to:
The Service is for informational purposes only. Do not rely on it for life-safety, flood-response, or emergency decisions.
For official warnings, evacuation orders, or emergency information, consult Environment and Climate Change Canada, the Canadian Hurricane Centre, your provincial or municipal emergency services, and other authoritative sources.
Water level data, weather data, forecasts, and historical comparisons are derived from third-party sources (primarily Environment and Climate Change Canada and the Water Survey of Canada). Although we work to display this data accurately and promptly:
You acknowledge that any decision you make based on the Service — including but not limited to boating, swimming, fishing, dock placement, property purchase, construction, insurance, or evacuation — is made at your own risk.
The Service, including its design, code, branding, and aggregated data presentations, is owned by Muskoka Research Inc. or our licensors. We grant you a limited, non-exclusive, non-transferable license to use the Service for its intended personal or business purpose, subject to these Terms.
Raw underlying data (water levels, weather observations) is published by Canadian government agencies under their respective open data licenses. Our compilation, presentation, derivative analyses, and platform are proprietary.
You retain ownership of any content you create within the Service (your account settings, your alert configurations, your favourited locations). By using the Service you grant us permission to store and process that content to provide the Service to you.
Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms.
By you: You may stop using the Service at any time. To close your account, use the "Delete account" option in your account settings. Account deletion is permanent and immediate.
By us: We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or used the Service in a way that could harm us, other users, or third parties.
Upon termination, your access to paid features ends, your data may be deleted, and unused subscription time is forfeited (see Section 4.4).
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, OR THAT DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSKOKA RESEARCH INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR PROPERTY, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) CAD $50.
Some jurisdictions do not allow limitations of liability for certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify and hold harmless Muskoka Research Inc. and its affiliates from any claim, demand, loss, or damages, including reasonable legal fees, arising from (i) your violation of these Terms, (ii) your misuse of the Service, or (iii) your violation of any rights of a third party.
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where reasonably possible, notify you by email or within the Service.
Your continued use of the Service after a change becomes effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and may cancel your subscription.
These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws rules. You agree that any disputes arising from these Terms or your use of the Service will be resolved in the courts of Ontario, Canada, and you submit to the personal jurisdiction of those courts.
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
These Terms are provided in English. By accepting them, you confirm that English is acceptable to you as the language of this agreement for the purpose of the Service.
For users in the Province of Quebec: we acknowledge that the Charter of the French Language (and amendments under Bill 96) may apply to the Service. A French-language version of these Terms and the Service interface will be made available prior to general availability. During this beta period, users in Quebec who wish to receive a French translation of these Terms before continuing to use the Service may request one by emailing info@muskokaresearch.com. We will provide one promptly at no cost.
Pour les utilisateurs du Québec : nous reconnaissons que la Charte de la langue française (et les modifications en vertu du projet de loi 96) peut s'appliquer au Service. Une version française des présentes Conditions et de l'interface du Service sera disponible avant le lancement général. Pour demander une traduction française pendant la période bêta, veuillez écrire à info@muskokaresearch.com.
Questions about these Terms? Contact us at info@muskokaresearch.com.
For corporate inquiries, Muskoka Research Inc. is registered in the Province of Ontario, Canada. Our registered corporate address is on file with the Ontario Business Registry.