Terms of Service - CarpMarks

Welcome to CarpMarks. These Terms of Service govern your access to and use of our mobile application. Please read them carefully before using our Service.

By downloading, installing, or using CarpMarks, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By creating an account or using CarpMarks, you confirm that you:

Are at least 13 years of age
Have the legal capacity to enter into these Terms
Will comply with all applicable laws and regulations
Accept our Privacy Policy

2. Description of Service

CarpMarks is a mobile application for fishing enthusiasts that allows you to:

Save and manage fishing spot locations on an interactive map
Log and track your fish catches with details
View current fishing conditions including weather and moon phase
Receive push notifications when conditions are favorable
Attach photos to spots and catches
View statistics and history of your fishing activities

3. User Accounts

3.1 Account Registration

To use CarpMarks, you must create an account with accurate information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You agree to:

Keep your password secure and confidential
Notify us immediately of any unauthorized access
Not share your account credentials with others
Not create multiple accounts for the same person

3.3 Account Termination

You may delete your account at any time through the Profile section. We reserve the right to suspend or terminate accounts that violate these Terms.

4. User Content

4.1 Your Content

You retain ownership of all content you create within CarpMarks, including fishing spots, catch records, notes, and photos. By using the Service, you grant us a limited license to store and display your content solely for providing the Service.

4.2 Prohibited Content

You may not upload or store any content that:

Is illegal, including child exploitation material (CSAM)
Contains pornographic, sexually explicit, or obscene material
Depicts violence, abuse, or cruelty towards humans or animals
Contains hateful, discriminatory, harassing, or threatening content
Infringes the intellectual property rights of others
Contains malware, viruses, or malicious code
Otherwise violates applicable laws

4.3 Right to Remove Content

We reserve the right, but have no obligation, to:

Review, monitor, and moderate any user-submitted content
Remove or disable access to any content at our sole discretion, without prior notice, that we determine violates these Terms or is otherwise objectionable
Immediately suspend or permanently terminate accounts that upload prohibited content, without refund
Report illegal content to law enforcement authorities and cooperate fully with investigations
Preserve and disclose content if required by law or in good faith belief that such action is necessary

4.4 Content Concerns

If you have concerns about content or misuse of the Service, please contact us at support@carpmarks.com.

5. Acceptable Use

When using CarpMarks, you agree to:

Use the Service only for its intended purpose
Comply with all applicable local, national, and international laws
Respect the rights and privacy of others
Not attempt unauthorized access to our systems or other users' accounts
Not reverse engineer, decompile, or disassemble the application
Not use automated bots, scrapers, or crawlers to access the Service
Not interfere with or disrupt the Service or its servers
Not use the Service to collect personal data of other users

6. Location Data and Safety

Important Safety Notice

You are solely responsible for your safety when traveling to fishing locations. Always verify local regulations and obtain required permits.

You acknowledge that:

Fishing spot coordinates and map data are for personal reference only and not a substitute for proper navigation
You must verify local fishing regulations
You must respect private property
You assume all risks associated with fishing activities
We are not responsible for location safety or legality
Any injury, loss, or damage arising from visiting locations saved in the app is your sole responsibility

7. Fishing Conditions Data

CarpMarks provides fishing condition information for informational purposes only. You acknowledge that:

Data is obtained from third-party sources
We do not guarantee accuracy or reliability
Fishing success depends on many factors
Check official forecasts for safety decisions

8. Intellectual Property

The CarpMarks application, including its design, code, graphics, and trademarks, is our exclusive property. You may not:

Copy, modify, or distribute the application
Use our trademarks without permission
Create derivative works
Use the Service for unauthorized commercial purposes

9. Premium Subscriptions and Payments

9.1 Subscription Plans

CarpMarks offers optional premium subscription plans (monthly and yearly) that unlock additional features. Subscription details and pricing are displayed within the app before purchase.

9.2 Billing and Auto-Renewal

All payments are processed through the Apple App Store or Google Play Store. By subscribing, you agree that:

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date
Your payment method will be charged through your App Store or Google Play account
We do not have access to your payment card or banking details
Prices are displayed in your local currency and may include applicable taxes

9.3 Cancellation

You may cancel your subscription at any time through:

Google Play Store: Settings > Subscriptions > CarpMarks > Cancel
Apple App Store: Settings > Apple ID > Subscriptions > CarpMarks > Cancel

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of your paid period. Deleting the app does not cancel your subscription.

9.4 Refund Policy

ALL PURCHASES ARE PROCESSED BY THE APPLE APP STORE OR GOOGLE PLAY STORE. REFUNDS ARE SUBJECT TO THE RESPECTIVE STORE'S REFUND POLICIES. CARPMARKS DOES NOT PROCESS REFUNDS DIRECTLY.

To request a refund:

Google Play: Visit Google Play Help Center or request through Google Play Store within the applicable refund window
Apple: Visit reportaproblem.apple.com or contact Apple Support

We are not responsible for any charges resulting from your failure to cancel a subscription before a renewal date. No partial refunds will be provided for unused portions of a subscription period.

9.5 Price Changes

We reserve the right to change subscription prices. You will be notified of price changes in advance through the App Store or Google Play Store. Continued subscription after a price change constitutes acceptance of the new price.

9.6 Free Trial

If we offer a free trial, it will automatically convert to a paid subscription at the end of the trial period unless cancelled. You may cancel during the trial period at no charge.

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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not warrant that the Service will meet your requirements, that results obtained will be accurate or reliable, or that errors will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARPMARKS, ITS OWNERS, OPERATORS, DEVELOPERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $50 USD, whichever is greater.

This limitation applies to damages from:

Your use or inability to use the Service
Unauthorized access to or alteration of your data
Statements or conduct of any third party on the Service
Fishing activities or visits to saved locations
Reliance on weather, condition, or any other data provided
Content posted by other users
Any other matter relating to the Service

12. Indemnification

You agree to defend, indemnify, and hold harmless CarpMarks, its owners, operators, developers, affiliates, licensors, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Any content you submit, post, or transmit through the Service
Your violation of any applicable laws or regulations
Any claims made by third parties related to your use of the Service

13. Termination

We may terminate or suspend your access immediately, without prior notice or liability and without refund, for:

Violation of these Terms, including uploading prohibited content
Fraudulent, abusive, or illegal activity
Request by law enforcement or government agencies
Discontinuation or material modification of the Service
Unexpected technical or security issues
Extended periods of inactivity

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

14. Force Majeure

CarpMarks shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyber attacks, or any other event beyond our reasonable control.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service operator is established, without regard to conflict of law provisions.

Any dispute arising from these Terms shall be resolved as follows:

Informal resolution: You agree to first attempt to resolve any dispute by contacting us at support@carpmarks.com. We will attempt to resolve the dispute within 30 days.
Binding arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration conducted in the jurisdiction of the Service operator.
Small claims exception: Either party may bring qualifying claims in small claims court.
Opt-out: You may opt out of the arbitration agreement by sending written notice to support@carpmarks.com within 30 days of first using the Service.

16. Class Action Waiver

YOU AND CARPMARKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND CARPMARKS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and CarpMarks regarding the use of the Service. These Terms supersede any prior agreements, communications, or understandings, whether oral or written, between you and CarpMarks.

19. Waiver

The failure of CarpMarks to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by CarpMarks.

20. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and, where appropriate, providing notice through the app. Continued use after changes constitutes acceptance.

21. Contact Information

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

support@carpmarks.com

← Back to CarpMarks