Terms of Service

1. Agreement and Scope

These Terms form a legally binding agreement between you and FishHawk. They apply to all users of the Services, including people who browse public content without an account.

Your use of the Services is also subject to FishHawk’s Privacy Policy and any additional terms, rules, notices, offer terms, or feature-specific conditions presented to you within the Services. If feature-specific terms conflict with these Terms, the feature-specific terms control only for that feature and only to the extent of the conflict.

If you use the Services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity, and “you” includes both you and that entity.

If you downloaded the FishHawk application from Apple’s App Store, Section 26 also applies. These Terms are not intended to conflict with the Apple Media Services Terms and Conditions or applicable App Store usage rules.

2. Eligibility

You must be at least 13 years old to create or use a FishHawk account. If you are under the age of legal majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

You may not use the Services if:

• applicable law prohibits you from doing so;
• you are subject to trade sanctions or are on a government restricted-party list that prohibits your use of the Services; or
• FishHawk previously suspended or terminated your account for violations of these Terms and has not given you written permission to return.

The Services are not directed to children under 13. A parent or guardian who believes a child under 13 has created an account should contact support@fishhawk.io.

3. Accounts and Account Security

Some features require a FishHawk account. You agree to provide accurate, current, and complete account information and to keep it updated.

You are responsible for safeguarding your password, one-time sign-in codes, authentication links, devices, and other credentials used to access your account. Do not share authentication credentials or allow another person to use your account. You may not sell, transfer, license, or assign your account without FishHawk’s written permission.

You are responsible for activity conducted through your account except to the extent the activity results from FishHawk’s failure to use reasonable security measures or occurs after you promptly notify us of unauthorized access. Contact support@fishhawk.io immediately if you believe your account has been compromised.

FishHawk may require you to verify your email address, identity, account ownership, or other information before allowing access to certain features, changing account information, restoring access, or processing an account-deletion request.

We may reject, change, or reclaim a username when reasonably necessary to address impersonation, infringement, confusion, unlawful conduct, account security, or technical requirements.

4. Privacy

FishHawk’s Privacy Policy explains how we collect, use, disclose, and retain personal information, including information involving device location, selected map locations, waypoints, active routes, forecasts, analytics, diagnostics, subscriptions, and user-generated content.

FishHawk Privacy Policy

By using the Services, you acknowledge that FishHawk will process information as described in the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference, but it does not reduce any privacy rights that cannot lawfully be waived.

5. Limited License to Use the Services

Subject to these Terms, FishHawk grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for your own lawful, non-commercial use on supported devices.

This license does not permit you to:

• copy, sell, rent, lease, sublicense, distribute, or commercially exploit the Services;
• modify, translate, adapt, or create derivative works from the Services except as expressly permitted by law;
• reverse engineer, decompile, disassemble, or attempt to extract source code, non-public APIs, data models, or underlying technology except where applicable law expressly permits it;
• remove or alter copyright, trademark, attribution, licensing, or other proprietary notices;
• access the Services through unauthorized interfaces, automation, scripts, bots, crawlers, scrapers, or bulk-download tools; or
• use the Services or their content to create or improve a competing product, map, chart, forecast service, social database, or commercial data product without written permission.

All rights not expressly granted are reserved by FishHawk and its licensors.

6. FishHawk Pro, Subscriptions, Billing, and Trials

FishHawk offers free features and FishHawk Pro through auto-renewable monthly and yearly subscriptions. FishHawk may also offer free trials or promotional offers. The features, eligibility requirements, subscription period, and price shown in the app or App Store when you subscribe control over any general description in these Terms.

App Store billing

FishHawk Pro subscriptions purchased in the iOS app are processed by Apple through the App Store. Your subscription is also subject to Apple’s applicable payment, subscription, cancellation, and refund terms. FishHawk does not receive your full payment-card information.

Auto-renewable subscriptions

A monthly or yearly subscription automatically renews at the end of each subscription period unless you cancel it through your Apple subscription settings before renewal. Apple may begin attempting to charge the renewal during the period before the current subscription expires.

You can manage or cancel an auto-renewable subscription through your Apple Account subscription settings. Cancellation prevents the next renewal but generally does not end access during a subscription period that has already been paid for, except where applicable law or Apple’s policies provide otherwise.

Deleting the FishHawk app or deleting your FishHawk account does not automatically cancel an Apple-managed subscription. You must cancel the subscription separately through Apple.

Free trials and promotional offers

When FishHawk offers a free trial or promotional period, eligibility may be determined by FishHawk, Apple, or both. Unless you cancel before the trial or promotional period ends, the offer may convert automatically to the paid subscription displayed when you enrolled. Apple will charge the applicable amount to your Apple Account.

Trial availability, duration, renewal price, and eligibility may vary by user, storefront, and offer. A trial may be limited to new or otherwise eligible subscribers.

Prices, taxes, and changes

Prices are displayed by Apple in your storefront and may include or exclude taxes as determined by Apple and applicable law. FishHawk may change prices prospectively. Apple will provide any notice or obtain any consent required for changes affecting an existing auto-renewable subscription.

Refunds

Apple controls App Store billing and refund decisions. Refund requests for App Store subscription charges must generally be submitted to Apple. FishHawk may provide purchase information or support where reasonably possible, but cannot guarantee that Apple will approve a refund.

Except as required by law or Apple’s policies, payments are non-refundable, and there are no credits for partially used subscription periods, deleted accounts, unused features, or suspension resulting from a violation of these Terms.

7. User Content and Ownership

“User Content” means content you submit, upload, create, publish, transmit, save, or otherwise make available through the Services. It may include catches, posts, captions, comments, replies, photographs, videos, profile information, species and catch details, weather observations, selected map locations, water-body information, waypoints, route information, suggestions, and other material.

As between you and FishHawk, you retain the ownership rights you have in your User Content. You are solely responsible for your User Content and the consequences of sharing, publishing, or relying on it.

You represent and warrant that:

• you own your User Content or have all permissions needed to submit it and grant the license in Section 8;
• your User Content and FishHawk’s permitted use of it do not violate another person’s copyright, trademark, privacy, publicity, confidentiality, contractual, or other rights;
• you have appropriate consent from identifiable people shown or heard in your User Content;
• you will not submit information you are legally or contractually prohibited from disclosing; and
• your User Content complies with these Terms and applicable law.

FishHawk does not claim ownership of your User Content merely because you submit it to the Services.

8. License You Grant to FishHawk

By submitting User Content, you grant FishHawk a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, transmit, distribute, display, perform, format, resize, transcode, adapt for technical purposes, and otherwise use that User Content as reasonably necessary to:

• operate, provide, secure, and improve the Services;
• display your content according to the features and privacy settings you select;
• deliver content across devices, networks, content-delivery systems, and service providers;
• moderate, investigate, and enforce these Terms; and
• promote FishHawk using User Content that you have made public, including through FishHawk’s own social channels, app previews, product demonstrations, and marketing materials.

This license includes the right to use your username, display name, profile image, captions, and related context when presenting your User Content as part of the Services or permitted promotion. FishHawk will not owe you compensation for uses authorized by this license.

The license is limited to the purposes above. It does not give FishHawk the right to sell ownership of your photographs or other User Content to an unrelated third party as stand-alone content.

The license generally ends when your User Content is deleted from active systems, subject to reasonable time needed for technical removal and the following exceptions:

• copies may remain temporarily in backups, caches, logs, or disaster-recovery systems;
• content shared with or copied by other users may remain outside FishHawk’s control;
• FishHawk may retain content when required by law, needed for safety, fraud prevention, dispute resolution, or enforcement, or preserved in de-identified form; and
• promotional materials already produced or published before deletion may remain in circulation until reasonably replaced or retired.

To the extent permitted by law, you waive or agree not to assert moral rights only as necessary for FishHawk to exercise the license granted in this section.

9. Public Content, Location Sharing, and Sensitive Locations

FishHawk is a social service. User Content you publish may be visible to other users or the public, depending on the feature and privacy option you select. Other people may save, screenshot, record, copy, or redistribute public content. FishHawk cannot control copies made by others.

When a feature offers location-privacy choices, you are responsible for reviewing the selection before publishing. A location may be displayed exactly, generalized, identified by a broader place or water body, or kept private depending on the feature and your selection.

A waypoint or map point you select may identify an exact coordinate but does not necessarily identify your physical location. You can create a waypoint at a distant fishing spot, marina, destination, structure, hazard, or other selected map location.

Use care when sharing exact fishing locations, home locations, private property, restricted areas, sensitive wildlife locations, or another person’s location. Do not disclose another person’s non-public location or personal information without authorization.

Even when FishHawk generalizes a displayed location, other information in your content may allow someone to infer where you were. No location-privacy feature can eliminate every possibility of inference or copying.

10. Prohibited Content and Conduct

You may not use the Services to engage in, encourage, facilitate, or promote conduct that is unlawful, harmful, abusive, deceptive, or inconsistent with the operation of FishHawk. Prohibited activity includes:

• violating fishing, boating, wildlife, conservation, licensing, trespass, protected-area, or other applicable laws;
• facilitating poaching, unlawful harvest, wildlife trafficking, illegal sale of regulated species, or access to private or closed areas without permission;
• threatening, harassing, stalking, bullying, defaming, intimidating, exploiting, or targeting another person;
• posting hateful or discriminatory content or attacking people based on a protected characteristic;
• posting sexually explicit material, non-consensual intimate material, child sexual abuse material, or content that sexualizes or exploits minors;
• posting gratuitously cruel, extremely graphic, or unlawful treatment of people or animals;
• impersonating another person or organization or misrepresenting your identity, affiliation, catch, activity, or authority in a harmful or deceptive way;
• infringing intellectual property, privacy, publicity, confidentiality, contractual, or other rights;
• publishing another person’s private information, credentials, precise location, or confidential fishing information without authorization;
• sending spam, scams, chain messages, unauthorized promotions, deceptive links, or repetitive solicitations;
• buying, selling, or artificially manipulating follows, likes, comments, views, reports, rankings, or other engagement;
• uploading malware or code intended to damage, disrupt, monitor, or gain unauthorized access to devices, accounts, networks, or the Services;
• attempting to bypass access controls, rate limits, paywalls, subscription checks, moderation controls, account restrictions, or security measures;
• probing or testing vulnerabilities without written authorization;
• scraping, harvesting, crawling, indexing, downloading, or extracting content, map tiles, chart data, forecast data, user information, or service data at scale without written permission;
• using FishHawk content or user data to train, evaluate, or develop an artificial-intelligence or machine-learning system without written permission from FishHawk and any affected rights holders;
• reverse engineering or using non-public APIs except where applicable law expressly permits it;
• interfering with servers, networks, location services, notifications, analytics, or other technical systems;
• creating accounts to evade a block, suspension, ban, or other enforcement action; or
• using the Services in any way that places an unreasonable burden on FishHawk or creates legal, security, safety, or operational risk.

FishHawk may publish additional community or moderation rules. Those rules are incorporated into these Terms when made available through the Services.

11. Moderation, Reporting, Blocking, and Enforcement

FishHawk may, but is not required to, review, screen, monitor, filter, restrict, label, refuse, remove, preserve, or disclose User Content or account information when reasonably necessary to operate the Services, enforce these Terms, comply with law, respond to reports, protect users, or address safety and security concerns.

FishHawk may take enforcement actions including:

• issuing a warning;
• limiting content visibility or feature access;
• removing or disabling access to content;
• restricting messaging, posting, commenting, following, or location-related features;
• requiring account verification;
• suspending or terminating an account; or
• referring conduct to law enforcement or another appropriate authority where warranted.

You can report content or users through available in-app tools and can block users where that feature is provided. FishHawk will attempt to review reports within a reasonable time but does not guarantee a particular outcome or response time.

FishHawk is not responsible for User Content merely because it is available through the Services and does not endorse the opinions, claims, locations, catches, advice, or conduct of users.

A user who believes an enforcement action was made in error may contact support@fishhawk.io. FishHawk may decline to reverse an action and may limit information disclosed about moderation decisions to protect privacy, safety, security, or investigative methods.

12. Copyright and Intellectual Property Complaints

FishHawk respects intellectual-property rights. If you believe content available through FishHawk infringes a copyright or other intellectual-property right, send a written notice to support@fishhawk.io containing:

• your name and contact information;
• identification of the protected work or right you claim has been infringed;
• identification and location of the allegedly infringing content in FishHawk;
• a statement that you have a good-faith belief the disputed use is not authorized by the rights holder, its agent, or law;
• a statement that the information in your notice is accurate and, under penalty of perjury where applicable, that you are authorized to act for the rights holder; and
• your physical or electronic signature.

FishHawk may request additional information, remove or restrict content, notify the user who submitted it, or terminate repeat infringers in appropriate circumstances.

If your content was removed because of an infringement notice and you believe the removal was mistaken or legally unjustified, contact support@fishhawk.io with sufficient information to explain your position. FishHawk may forward notices and responses to the affected parties or appropriate service providers.

Submitting a knowingly false infringement complaint may create legal liability.

13. Maps, Waypoints, Routes, and Device Location

FishHawk provides map, waypoint, positioning, and active-route features for general informational and recreational use. Location information may come from your device, your manual selections, FishHawk systems, or third-party providers.

Device location, compass heading, bearing, speed, distance, map alignment, and route progress can be inaccurate, delayed, unavailable, or affected by hardware, weather, interference, battery level, network conditions, device settings, and environmental conditions.

A waypoint is a map coordinate selected or saved by a user. It may not represent the user’s current location and does not establish that a location is safe, navigable, public, lawful to enter, or suitable for anchoring, fishing, swimming, boating, or any other activity.

Route lines, bearings, distances, progress indicators, or navigation prompts may not account for:

• water depth, tides, currents, waves, weather, visibility, or changing conditions;
• shoals, reefs, rocks, submerged structures, debris, cables, bridges, locks, dams, or other hazards;
• vessel draft, height, speed, handling, fuel, mechanical condition, or operator experience;
• temporary closures, restricted areas, private property, regulations, construction, or notices to mariners; or
• the availability of a continuous, safe, or lawful water route.

Do not connect FishHawk to an autopilot or use it as the sole basis for steering or operating a vessel. Maintain a proper lookout and use current official charts, notices, onboard instruments, local knowledge, and prudent seamanship.

When you start an active route, FishHawk may use background location while the route is running as described in the Privacy Policy. You are responsible for stopping the route when it is no longer needed and for managing device permissions and battery use.

14. Weather, Marine Forecasts, Charts, and Environmental Data

FishHawk may display weather, marine forecasts, radar, wind, waves, tides, water temperature, depth, bathymetry, shoreline, chart, road, and other environmental or geographic information obtained from FishHawk, users, and third-party providers.

This information may be modeled, estimated, generalized, delayed, incomplete, unavailable, or inaccurate. Conditions can change rapidly and may differ materially from displayed values. Map and chart data may omit or misplace hazards, depths, aids to navigation, boundaries, closures, shoreline changes, or other important features.

FishHawk does not guarantee the accuracy, completeness, timeliness, resolution, availability, or fitness of any forecast, chart, map, depth, route, or environmental data. Forecasts are predictions, not promises of actual conditions.

FishHawk is not an official weather-warning service, hydrographic office, coast guard, harbor authority, or certified navigation system. Before and during an outing, consult current official forecasts, warnings, charts, notices, local authorities, and other appropriate sources. Do not rely on FishHawk as your sole source of weather, navigation, or safety information.

15. Fishing, Boating, and Outdoor Safety Responsibilities

You are solely responsible for evaluating conditions, risks, equipment, vessel suitability, and your own experience before fishing, boating, traveling, or entering any location.

You are responsible for complying with all applicable requirements involving:

• fishing licenses, seasons, size and bag limits, gear restrictions, and species identification;
• protected species, marine protected areas, wildlife rules, and conservation measures;
• boating registration, operator qualifications, navigation rules, speed zones, and safety equipment;
• private property, access rights, permits, closures, and restricted areas; and
• local, state, federal, tribal, territorial, and international laws.

Use appropriate personal flotation devices, communications equipment, navigation equipment, emergency supplies, lighting, and other safety gear. Consider filing a float plan and informing a responsible person of your plans.

Do not use FishHawk in a manner that distracts you while operating a boat, vehicle, or other equipment. Obey applicable laws and stop in a safe place before interacting with the app when necessary.

User reports, catches, comments, and other community content are not professional guidance and may be inaccurate, unsafe, outdated, exaggerated, or unlawful.

16. No Emergency, Rescue, or Monitoring Service

FishHawk is not an emergency communications, rescue, vessel-monitoring, or dispatch service. FishHawk does not guarantee that it monitors your location, route, messages, account, or safety status, even when an active route is running.

The Services may fail or become unavailable because of weak or absent cellular service, GPS limitations, power loss, device damage, server outages, third-party failures, or other causes.

In an emergency, contact the appropriate emergency service directly using reliable emergency equipment and channels, such as local emergency telephone services, marine VHF radio, satellite communicator, emergency beacon, or other equipment appropriate to your activity and location. Do not attempt to contact FishHawk support as a substitute for emergency assistance.

17. Third-Party Services, Data, and Links

FishHawk relies on or integrates services and data supplied by third parties, which may include Apple and the App Store, Mapbox, Apple WeatherKit, Stormglass, notification and email providers, analytics and crash-reporting providers, hosting and storage providers, government data sources, and other map, weather, marine, or content providers.

Third-party services and content may be subject to separate terms, licenses, usage rules, privacy policies, attribution requirements, restrictions, and availability. You agree to comply with applicable third-party terms when using the Services, including your wireless carrier and internet service agreements.

FishHawk does not control and is not responsible for third-party websites, services, data, content, outages, changes, or business practices. A link or integration does not necessarily mean FishHawk endorses the third party.

Third-party licensors may enforce rights in their content and may require FishHawk to modify, limit, or discontinue access to certain maps, forecasts, charts, imagery, or features.

You are responsible for data, messaging, roaming, and other charges imposed by your carrier or service provider.

18. FishHawk Intellectual Property

Except for User Content and third-party content, FishHawk and its licensors own all rights, title, and interest in the Services, including the software, source and object code, designs, interfaces, graphics, logos, trademarks, service marks, domain names, databases, compilations, selection and arrangement of content, and related intellectual property.

“FishHawk,” FishHawk logos, and other brand features may not be used without prior written permission. Nothing in these Terms grants you ownership of or a license to FishHawk’s marks, except the limited right to display them as they naturally appear while using the Services.

You may not remove, obscure, or alter legal notices, attribution, copyright statements, watermarks, trademarks, or provider credits displayed through the Services.

19. Feedback and Suggestions

You may voluntarily submit ideas, feedback, suggestions, feature requests, species or water-body corrections, or other proposals (“Feedback”).

You agree that Feedback is non-confidential and that FishHawk may use, reproduce, modify, publish, distribute, commercialize, and otherwise exploit it for any lawful purpose without restriction, attribution, or compensation to you. To the extent you own rights in Feedback, you grant FishHawk a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to exercise those rights.

FishHawk is not required to use or respond to Feedback.

20. Availability, Updates, Changes, and Data Preservation

FishHawk may release updates, fix bugs, add or remove features, change interfaces, set storage or usage limits, modify supported devices or operating-system versions, and alter the form or availability of the Services.

We may temporarily suspend access for maintenance, security, legal compliance, provider outages, or operational reasons. We may discontinue some or all of the Services when reasonably necessary. Where practical and appropriate, FishHawk will try to provide notice of a material discontinuation affecting paid access.

FishHawk does not guarantee continuous, uninterrupted, secure, or error-free operation. Features may vary by location, device, subscription, app version, provider availability, or account status.

You should retain independent copies of important photographs, videos, waypoint information, routes, or other data. FishHawk is not a backup service and does not guarantee that User Content or account data will never be lost, corrupted, delayed, or deleted.

Software updates may download or install through Apple or your device settings. Some updates may be required to continue using the Services.

21. Suspension, Termination, and Account Deletion

You may stop using the Services at any time. You may initiate account deletion through the applicable FishHawk account settings or contact support@fishhawk.io if you cannot access the account-deletion feature.

FishHawk may suspend, restrict, or terminate your account or access to the Services when reasonably necessary because:

• you violate these Terms or applicable law;
• your conduct creates safety, security, fraud, abuse, reputational, or legal risk;
• you infringe another person’s rights;
• payment or entitlement information is invalid, reversed, or fraudulent;
• FishHawk is required to act by law, court order, provider requirement, or government request;
• continued operation of the account threatens the Services or other users; or
• FishHawk discontinues the applicable Services.

When reasonably possible, FishHawk may provide notice and an opportunity to correct a violation, but is not required to do so in urgent, serious, repeated, unlawful, or security-sensitive situations.

After suspension, termination, or deletion, you may lose access to your account, User Content, waypoints, saved forecast locations, purchase-linked features, and other data. Sections that by their nature should survive will remain effective, including sections involving ownership, licenses already exercised, safety obligations, disclaimers, liability limits, indemnification, disputes, and general legal terms.

Account deletion does not cancel an Apple-managed subscription. You must separately cancel through Apple. Except as required by law or Apple’s policies, suspension or termination for violating these Terms does not entitle you to a refund.

22. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

FishHawk and its affiliates, licensors, and service providers disclaim all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, availability, security, and non-infringement.

Without limiting the foregoing, FishHawk does not warrant that:

• the Services will meet your needs or expectations;
• the Services will be uninterrupted, timely, secure, or error-free;
• maps, positions, routes, forecasts, depths, charts, community reports, or other information will be accurate, current, complete, or reliable;
• any particular fishing location will be productive, safe, accessible, public, or lawful to enter;
• defects will be corrected or that data will never be lost; or
• the Services will be compatible with every device, operating system, carrier, or third-party service.

No advice or information from FishHawk creates a warranty unless expressly stated in a written agreement signed by FishHawk.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the maximum extent permitted by law, and you retain any non-waivable consumer rights.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FISHHAWK AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, USER CONTENT, USE, OR SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

To the maximum extent permitted by law, FishHawk is not liable for losses arising from:

• reliance on maps, charts, routes, waypoints, positions, depths, forecasts, weather, marine data, or User Content;
• boating, fishing, travel, weather, environmental, wildlife, or access conditions;
• injury, property damage, grounding, collision, delay, loss of catch, trespass, regulatory violation, or emergency response;
• unauthorized account access that FishHawk did not cause through a failure to use reasonable security measures;
• third-party services, providers, links, content, or outages;
• deletion, corruption, failure to store, or inability to access data; or
• modification, suspension, or discontinuation of the Services.

To the maximum extent permitted by law, FishHawk’s total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of:

1. US $100, or
2. the amount you paid for FishHawk through the App Store during the 12 months immediately preceding the event giving rise to the claim.

The limitations in this section do not apply to liability that cannot lawfully be limited or excluded, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where applicable law prohibits limitation.

The limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain damage exclusions or liability limits, so some provisions may not apply to you.

24. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless FishHawk and its affiliates, owners, officers, employees, contractors, licensors, and service providers from claims, demands, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• your User Content;
• your violation of these Terms or applicable law;
• your infringement or violation of another person’s rights;
• your misuse of maps, routes, waypoints, forecasts, or other safety-related information;
• your fishing, boating, access, wildlife, or outdoor activity; or
• your fraud, negligence, or willful misconduct.

FishHawk may control the defense and settlement of a claim subject to indemnification, and you agree to cooperate reasonably. FishHawk will not settle a claim in a manner that imposes a non-monetary obligation on you without your consent, which will not be unreasonably withheld.

This section does not require indemnification to the extent prohibited by applicable consumer law.

25. Governing Law and Venue

These Terms and your relationship with FishHawk are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you and FishHawk agree to the exclusive jurisdiction and venue of the state and federal courts located in or serving Alachua County, Florida, for disputes arising from or relating to the Services or these Terms.

Nothing in this section prevents FishHawk from seeking injunctive or other urgent equitable relief in any court with appropriate jurisdiction to protect intellectual property, confidential information, security, users, or the Services.

If the law where you live gives you mandatory consumer protections or a right to bring a claim in your home jurisdiction that cannot be waived, this section does not take those rights away.

26. Additional Terms for Apple App Store Users

This section applies when you obtain or use the FishHawk iOS application (the “App”) through Apple’s App Store. If this section conflicts with another provision of these Terms, this section controls for the App Store-distributed App to the extent required by Apple.

Acknowledgment

These Terms are between you and FishHawk, not Apple. FishHawk, not Apple, is solely responsible for the App and its content. The usage rules in these Terms are not intended to conflict with the Apple Media Services Terms and Conditions or applicable App Store usage rules.

Scope of license

Your license to use the App is limited to a non-transferable license to use the App on Apple-branded products that you own or control and as permitted by the usage rules in the Apple Media Services Terms and Conditions. The App may be accessed and used by other accounts associated with the purchaser through Family Sharing or other Apple-authorized features where permitted by Apple.

Maintenance and support

FishHawk is solely responsible for maintenance and support for the App as required by these Terms or applicable law. Apple has no obligation to provide maintenance or support for the App.

Warranty

FishHawk is solely responsible for warranties concerning the App to the extent they have not been effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price paid for the App, if any. To the maximum extent permitted by law, Apple has no other warranty obligation concerning the App. FishHawk is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty.

Product claims

FishHawk, not Apple, is responsible for addressing claims by you or a third party relating to the App or your possession or use of it, including product-liability claims, claims that the App fails to comply with applicable legal or regulatory requirements, and claims under consumer-protection, privacy, or similar laws.

Intellectual-property claims

If a third party claims that the App or your possession and use of it infringes intellectual-property rights, FishHawk, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim.

Legal compliance

You represent and warrant that you are not located in a country or region subject to a United States Government embargo or designated by the United States Government as supporting terrorism, and that you are not listed on a United States Government list of prohibited or restricted parties.

Developer contact information

Questions, complaints, or claims about the App should be directed to:

FishHawk App LLC
Email: support@fishhawk.io

Third-party terms

You must comply with applicable third-party agreements when using the App, including Apple’s terms and your wireless-data and internet-service agreements.

Apple as third-party beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the App. Upon your acceptance of these Terms, Apple has the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

27. General Legal Terms

Entire agreement

These Terms, the Privacy Policy, and any applicable supplemental or purchase terms constitute the entire agreement between you and FishHawk concerning the Services and supersede prior agreements concerning the same subject matter.

Assignment

You may not assign or transfer these Terms or your account without FishHawk’s written consent. FishHawk may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, operation by a successor, or by operation of law.

No waiver

A failure to enforce a provision is not a waiver of the right to enforce it later. A waiver must be in writing and signed by FishHawk.

Severability

If a court finds any provision invalid or unenforceable, the provision will be enforced to the maximum lawful extent or modified to reflect its purpose, and the remaining provisions will remain effective.

No agency

These Terms do not create an employment, partnership, joint venture, fiduciary, franchise, or agency relationship between you and FishHawk.

Force majeure

FishHawk is not responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, labor disputes, government action, epidemics, utility failure, network interruption, cyberattack, provider outage, or failure of communications, GPS, hosting, or App Store systems.

Notices and electronic communications

FishHawk may provide notices through the Services, by email, through App Store mechanisms, or by other reasonable electronic means. You consent to receive electronic communications relating to the Services. Legal notices to FishHawk must be sent to support@fishhawk.io and the mailing address in Section 29.

English language

Translations may be provided for convenience. To the extent permitted by law, the English version controls if a translation conflicts with it.

No third-party beneficiaries

Except for Apple and its subsidiaries as stated in Section 26, these Terms do not create rights for third-party beneficiaries.

Headings

Headings are for convenience and do not limit the meaning of these Terms.

28. Changes to These Terms

FishHawk may update these Terms to reflect changes to the Services, business practices, providers, safety requirements, or law.

When we update the Terms, we will change the effective date at the top. If a change is material, we may provide additional notice through the app, by email, or by another reasonable method.

Unless a different date is stated, updated Terms become effective when posted. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to an update, you must stop using the Services and may delete your account.

Changes affecting an existing paid subscription remain subject to applicable law, Apple’s requirements, and the purchase terms presented to you.

29. Contact Us

Questions, complaints, legal notices, support requests, and claims relating to the Services may be directed to:

FishHawk
Operated by: FishHawk App LLC
Email: support@fishhawk.io