Terms of Service

1. Acceptance of Terms

Welcome to CaptainIQ. By accessing or using our mobile application, website, or services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and CaptainIQ, Inc. ("CaptainIQ," "we," "us," or "our").

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3. Account Registration

3.1 Account Creation

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

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

4. User Content and Conduct

4.1 Your Content

You retain ownership of all content you submit to the Service ("User Content"), including trip logs, catch data, photos, and other information. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content to provide and improve the Service.

4.2 Prohibited Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Submit false, misleading, or fraudulent information
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to the Service
• Use automated systems (bots, scrapers) without permission
• Harass, abuse, or harm other users
• Transmit viruses, malware, or harmful code
• Impersonate any person or entity
• Sell, transfer, or sublicense your account

5. Marine Operations and Safety

5.1 Informational Purposes Only

The Service provides weather forecasts, navigation assistance, and marine information for informational purposes only. This information should not be used as the sole basis for making safety-critical decisions. Always use proper marine safety equipment and follow official maritime guidance.

5.2 No Liability for Forecasting

We do not guarantee the accuracy, completeness, or timeliness of weather data, tide predictions, or other forecasting information. Marine conditions can change rapidly. Always exercise proper caution and judgment.

5.3 Regulatory Compliance

You are solely responsible for complying with all applicable fishing regulations, marine laws, and reporting requirements. While our Service may provide compliance assistance tools, you must verify all regulatory information independently.

6. Intellectual Property

6.1 Our Content

The Service and its content (excluding User Content), including software, text, graphics, logos, and trademarks, are owned by CaptainIQ or our licensors and are protected by intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal or commercial marine operations. This license does not permit you to:

• Copy, modify, or distribute our content
• Reverse engineer or decompile the Service
• Create derivative works
• Remove copyright or trademark notices

7. Payments and Subscriptions

7.1 Fees

Access to certain features may require payment of subscription fees. All fees are stated in U.S. dollars and are non-refundable except as required by law.

7.2 Billing

By providing payment information, you authorize us to charge the applicable fees to your payment method. Subscriptions automatically renew unless you cancel before the renewal date.

7.3 Price Changes

We reserve the right to change our pricing with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new price.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

9. Third-Party Services

The Service may integrate with or link to third-party services, websites, or APIs (such as weather data providers, mapping services, or payment processors). We are not responsible for the content, accuracy, or practices of these third parties. Your use of third-party services is subject to their own terms and privacy policies.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTAINIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless CaptainIQ and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [STATE], United States, without regard to its conflict of law provisions.

13.2 Arbitration

Any dispute arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [CITY, STATE]. You waive your right to a jury trial or to participate in a class action.

13.3 Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Termination

We may suspend or terminate your access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.

Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, and liability limitations.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CaptainIQ regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

If you have questions about these Terms, please contact us:

• Email: legal@captainiq.com
• Address: CaptainIQ, Inc.