Terms of 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

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

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

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

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

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: