Terms of Use

1. Acceptance of Terms

By accessing or using the Fishmarks™ application (“Service”), you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree to these Terms, you must not use the Service. Your continued use of the Service following any modifications to these Terms constitutes acceptance of the revised Terms.

2. Description of Service

Fishmarks™ is a web-based GPS waypoint management application designed for anglers. The Service enables users to save fishing spots (waypoints), organize them into lists, log trips and catches, create navigation routes, share locations with other users, and access weather and tide information. Data may be stored locally in the user’s browser (Free accounts) or in a secure cloud database (paid subscription accounts).

3. User Accounts & Registration

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Maintain only one account per individual user

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or are used for fraudulent purposes.

4. Subscription Plans & Billing

The Service offers multiple subscription tiers: Free, Angler, and Captain. Each tier provides different feature access and usage limits as described on the Service.

• Billing: Paid subscriptions are billed on a recurring annual basis through Stripe, our third-party payment processor. By subscribing, you authorize recurring charges to your selected payment method.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date.
• Cancellation: You may cancel your subscription at any time through your account settings. Upon cancellation, you retain access to paid features through the end of your current billing period. No partial refunds are issued for unused time within a billing period.
• Price Changes: We reserve the right to change subscription pricing. Existing subscribers will be notified in advance of any price increases and may cancel before the new pricing takes effect.
• Refunds: Refund requests are handled on a case-by-case basis. Contact us at [email protected] for billing inquiries.

6. Data Encryption

The Service offers an optional client-side encryption feature (“Security” setting) that encrypts your waypoint data before it is transmitted to our servers. When enabled:

• Your waypoint names, notes, and other sensitive fields are encrypted on your device using a key derived from your account credentials
• Encrypted data cannot be read by Fishmarks™ staff, database administrators, or any third party
• Enabling, configuring, and managing encryption is solely the responsibility of the user
• If you lose access to your encryption key or credentials, your encrypted data cannot be recovered by Fishmarks™ under any circumstances
• Encryption may limit certain features such as server-side search and shared list visibility

By enabling encryption, you acknowledge that you understand these limitations and accept full responsibility for maintaining access to your encryption credentials.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to the Service, other user accounts, or related systems
• Scrape, crawl, or use automated tools to extract data from the Service
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Interfere with, disrupt, or place undue burden on the Service or its infrastructure
• Share, distribute, or publicly display content from the Service without authorization
• Use the sharing features to harass, spam, or send unsolicited communications to other users
• Create multiple accounts to circumvent subscription tier limits or for any fraudulent purpose
• Upload or transmit malicious code, viruses, or harmful data through the Service

8. Intellectual Property

All content, code, design, graphics, logos, trademarks, and other intellectual property associated with the Fishmarks™ Service are owned by or licensed to Techlogic Advisors, LLC. You may not copy, modify, distribute, sell, or lease any part of the Service or its content without prior written consent. Your use of the Service does not grant you any ownership rights in the Service or its content.

User-generated content (waypoints, trip logs, catch records, etc.) remains the property of the respective user. By using the Service, you grant us a limited, non-exclusive license to store and process your content solely for the purpose of providing the Service to you.

9. Third-Party Services

The Service integrates with or relies upon the following third-party services, each of which is subject to its own terms and conditions:

• Stripe — Payment processing and subscription management
• Google — OAuth authentication (optional sign-in with Google)
• Supabase — Cloud database and authentication infrastructure
• OpenWeatherMap — Weather and wind data
• NOAA — Tide predictions and marine weather alerts
• Resend — Transactional email delivery
• Map tile providers — OpenStreetMap, Google, Bing, Esri, NOAA (nautical charts)

We are not responsible for the availability, accuracy, or policies of third-party services. Your use of these services is subject to their respective terms.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fishmarks™, Techlogic Advisors, LLC, and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any content you submit, post, or transmit through the Service.

13. Modifications to Terms

We reserve the right to modify, update, or revise these Terms at any time. Changes will be effective upon posting to the Service. The “Last Updated” date at the top of this document will reflect the most recent revision. Your continued use of the Service after any changes constitutes acceptance of the revised Terms. For material changes, we may provide additional notice through email or in-app notification.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. You may request deletion of your account at any time by contacting support. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in the State of Florida.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.