Terms of Use

These Terms of Use (“Terms”) are entered into by and between you and WaterWatcher LLC (“Company,” “WaterWatcher,” “we,” “us,” “our”). These Terms govern your access to and use of the WaterWatcher mobile application, including its features, content, and functionality (collectively, the “Service”).

Please read these Terms carefully before you start to use the Service. By accessing or using the Service in any manner, including by registering for an account, you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

Eligibility

The Service is not intended for individuals who are minors in the jurisdiction where they reside or who are under eighteen (18) years of age, whichever age is greater. By accessing or using the Service, you represent and warrant that you are not a minor in your jurisdiction, or that you are at least eighteen (18) years of age, and that you have the legal capacity to enter into a binding agreement.

License to Use the Service

Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your own personal, non-commercial purposes as contemplated under these Terms, or, if you are a licensed fishing guide, charter captain, or any other individual or entity that uses the Service professionally in connection with paid or compensated fishing-related services and who has registered for a Guide User account (a “Guide User”), for your professional and commercial purposes in connection with those services to the extent permitted under these Terms. You may not permit the Service to be accessed or used by or for the benefit of unauthorized third parties. Nothing in these Terms will be construed to grant you any right to transfer or assign rights to access or use the Service, and all rights not expressly granted to you are reserved by WaterWatcher and its licensors. You are responsible for making all arrangements necessary for you to have access to the Service, including obtaining any required hardware, software, or internet connectivity.

Your Account and Credentials

You are responsible and liable for all access to and use of the Service through your account, whether such access is obtained directly or indirectly and whether authorized by you or in violation of these Terms. This includes all actions taken and failures to take required actions by any person who accesses the Service using your credentials or otherwise through your account. You are responsible for maintaining the confidentiality and security of your account credentials, including any username and password, and for ensuring that they are not disclosed to any third party. You accept full responsibility for all activities conducted under your account, and we shall not be liable for any loss or damage arising from unauthorized access to or use of your account. You agree to notify us promptly of any unauthorized use of your account, breach of security, or suspected compromise of your credentials.

User Data

Data Collection. In the course of providing the Service, we may collect, receive, store, analyze, transmit, and otherwise process information that you provide to us or that is generated through your use of the Service, including catch records, voice recordings, transcripts, journal entries, saved fishing spots, photos, account and profile information, environmental conditions data, and other information that identifies or is reasonably identifiable to you (collectively, “User Data”). You retain ownership of all User Data. You grant WaterWatcher a limited, non-exclusive, non-transferable, royalty-free, worldwide license to collect, store, analyze, transmit, use, de-identify, aggregate, share, disclose, and otherwise process User Data to provide, operate, maintain, improve, and support the Service, and to generate aggregated and anonymized insights, in accordance with our Privacy Policy. WaterWatcher will not use your personal information to train AI models; any use of your data for model training or product improvement purposes is limited to data that has been de-identified or anonymized such that it no longer identifies you individually. In connection with providing the Service, certain User Data, including voice recordings and transcripts, may be transmitted to third-party artificial intelligence providers to perform transcription, field extraction, and report generation on our behalf. User Data transmitted to AI providers does not include personal identifiers beyond what is technically necessary for the transmission. AI providers process this information solely to generate a response in connection with the Service. A list of our current sub-processors, including our AI service providers, is available at waterwatcher.com/subprocessors.

Your Responsibilities. You represent and warrant that: (i) you are the owner of User Data or otherwise have all rights, consents, and authorizations necessary to provide it to WaterWatcher and to grant the license set forth above; (ii) the collection, use, and processing of User Data by WaterWatcher in accordance with these Terms does not violate any applicable law, regulation, or the rights of any third party; (iii) all content you submit through the Service, including photos and voice recordings, relates to your personal fishing activity and does not violate the rights of any third party; (iv) all catch records you create are accurate and truthful to the best of your knowledge; (v) if you provide personal information about any other individual through the Service, including through a voice recording or a photo, you have obtained any necessary consent or authorization to do so; and (vi) you will not provide us with personal information about another individual where you do not have the authority or consent to share it.

Voice Logging. If you use the voice logging feature of the Services, you are solely responsible for compliance with all applicable wiretap, eavesdropping, and recording-consent laws in your jurisdiction. Many U.S. states and other jurisdictions require the consent of all parties to a recorded conversation. The voice logging feature is designed for discrete, user-invoked dictation about your own fishing activity, and any individual recording window is typically brief. Nevertheless, if you use the feature in the presence of other people, you must inform your companions that voice logging is in use and that their voices may be incidentally captured, and you must obtain their consent before activating the feature in their presence. You acknowledge that a voice recording may also inadvertently capture conversations, background sounds, or other content unrelated to fishing, and you agree not to use voice logging in any context where sensitive, confidential, or legally protected communications are likely to occur. You agree to indemnify and hold WaterWatcher harmless from any claim, demand, or liability arising out of your failure to comply with applicable recording-consent laws or your use of voice logging in a manner inconsistent with these Terms.

Usage Data and Feedback. We may monitor, collect, and compile information relating to your access to and use of the Service, and may generate data, analytics, models, and insights based on such information in an aggregated and anonymized form that does not identify you or any other individual (“Usage Data”). WaterWatcher retains all rights, titles, and interests in and to Usage Data, including all intellectual property rights therein, and may use, analyze, disclose, and otherwise exploit Usage Data for any lawful business purpose. If you provide any suggestions, ideas, feature requests, or other feedback regarding the Service (“Feedback”), you agree that such Feedback is provided voluntarily and shall be non-confidential and non-proprietary. You hereby assign to WaterWatcher all rights, titles, and interests in and to such Feedback, including all intellectual property rights therein, and WaterWatcher shall be entitled to use, reproduce, modify, and otherwise exploit such Feedback for any lawful business purpose.

Ownership and Intellectual Property. As between WaterWatcher and you, WaterWatcher retains all right, title, and interest in and to the Service, including fishing condition reports, trip summaries, catch analyses, and such other outputs and reports generated by WaterWatcher as part of the Services (“Reports”). You retain all right, title, and interest in and to your User Data, subject to the license granted to WaterWatcher under these Terms. With respect to Reports, WaterWatcher hereby grants you a limited, personal, non-transferable, revocable license to access and use them solely for your own personal fishing activity, or if you are a Guide User, in connection with your professional fishing services, for so long as your account remains active and in good standing. WaterWatcher’s name, logo, and all related marks and trade dress are the exclusive property of WaterWatcher and may not be used without our prior written permission.

Reports and AI-Generated Content. The Reports generated by the Service are produced using AI, public environmental data, and where applicable your personal catch history. They are provided for informational purposes only and do not constitute professional advice or a guarantee of any particular fishing outcome. AI-generated outputs are probabilistic in nature and may contain errors or inaccuracies. The Service is not a safety device, and nothing generated by the Service substitutes for official marine weather forecasts, coast guard advisories, or your own judgment on the water. The Service also incorporates environmental data from third-party sources including NOAA, the National Weather Service, and USGS, and we do not warrant the accuracy or completeness of that data. Any decisions you make based on information received through the Service, including decisions about when, where, or how to fish, are made at your sole risk. You assume all risk associated with fishing, boating, and being on or near the water.

Community Pool

WaterWatcher offers an optional Community Pool feature through which you may contribute anonymized catch and conditions data to a shared dataset used to generate regional fishing insights visible to other participating users. Participation is off by default and can be enabled or disabled at any time from your account settings. When enabled, contributed data is limited to information such as species, count, size, weight, method, time of catch, environmental conditions, and approximate location. Your personal information, photos, identity, and saved fishing spots are not contributed to this Community Pool regardless of your settings. Data already contributed prior to disabling the feature cannot generally be removed from the aggregated dataset.

Conservation Data-Sharing

As part of our conservation mission, WaterWatcher shares anonymized and de-identified catch and environmental observation data with partner conservation organizations and fisheries research institutions. This data may include species and catch details, environmental observations, and the location of individual catch, sighting, and observation events, generalized to within approximately one mile of where the event occurred. It does not include information that identifies you, such as your name, email, or account identifier, and it does not include the saved fishing spots you have named and stored in your account. Our conservation partners are bound by data agreements that restrict use of this information and prohibit the public release of specific event coordinates. You can limit or opt out of sharing of such information by submitting a request through our Privacy Rights Request Form.

Additionally, in connection with tagged fish encounters, we may separately prompt you to consent to sharing the precise location of the encounter and your contact information with the relevant conservation partner. This is a separate, per-event opt-in that is distinct from the general conservation data sharing described above. If you consent, your name, email address, precise event location, environmental conditions, and tag details may be shared with the conservation partner for the purpose of tag follow-up and internal tagging research.

Subscription Terms; Payment

Subscription plans, pricing, and feature entitlements are described on the Service’s pricing page and within the application, and may be updated from time to time. By purchasing a subscription, you authorize payment processing to charge your selected payment method for all applicable fees and taxes at the rates in effect at the time of purchase. Subscriptions automatically renew at the end of each billing period for successive periods of the same duration unless you cancel prior to the renewal date. You may cancel a paid subscription at any time through your account settings or the applicable platform’s subscription management tools. Cancellation takes effect at the end of the current billing period; you retain access through the end of the period for which you have paid, and your subscription will not renew thereafter. WaterWatcher may update subscription fees or feature entitlements upon prior notice to you of at least thirty (30) days, and any such changes will take effect at the start of your next renewal period. Except as required by applicable law, fees already paid are non-refundable.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to, and not to permit any third party to: (a) use the Service for any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation, including any fishing regulation, wildlife protection law, or recording-consent law; (b) submit false, misleading, or fraudulent catch records, including records intended to manipulate the Community Pool or any shared feature of the Service; (c) copy, modify, adapt, translate, or create derivative works of the Service or any part thereof; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, prompts, or underlying structure of the Service or any AI model used therein; (e) remove, alter, or obscure any intellectual property notice or proprietary rights notice in or on the Service; (f) rent, lease, sublicense, distribute, sell, or otherwise make the Service or its functionality available to any third party; (g) use the Service to store or transmit any malicious code, viruses, spyware, or other harmful components; (h) interfere with, disrupt, or impair the operation, integrity, or security of the Service, including through the use of automated means, bots, scrapers, data harvesting tools, or unauthorized access methods; (i) scrape, harvest, or otherwise extract data from the Service except through documented export functionality; (j) attempt to re-identify, reverse engineer, or otherwise derive personal information from any de-identified or anonymized data processed by the Service; (k) attempt to manipulate, circumvent, or exploit the artificial intelligence models used by the Service to generate outputs the Service is not designed to produce; (l) use the Service or data generated through the Service to develop, train, or improve any competing product or service; (m) use the Voice Logging feature in any manner that violates applicable laws, or activate Voice Logging in the presence of any person who has not consented to being recorded; (n) upload photographs or other content depicting illegal harvest, protected species, or activity that violates fish and wildlife regulations; (o) use the Service to harass, harm, or impersonate any person; (p) share your account credentials with any unauthorized person; or (q) use the Service in any manner that could harm WaterWatcher, other users, or any third party, or that could expose any party to legal liability.

Suspension and Termination

WaterWatcher may suspend, restrict, or permanently terminate your access to the Service at any time if: (a) WaterWatcher determines that your use of the Service (i) violates these Terms or any applicable law, (ii) creates or causes a security, privacy, or legal risk to WaterWatcher or other users, or (iii) is unlawful, fraudulent, abusive, harmful, or otherwise objectionable; (b) there is an attack or credible threat to the Service or WaterWatcher’s systems or infrastructure; (c) WaterWatcher is required to do so under applicable law or pursuant to an order or instruction of a law enforcement, governmental, or regulatory authority; (d) WaterWatcher has ceased to conduct its business in the ordinary course, made an assignment for the benefit of creditors, or becomes the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (e) WaterWatcher receives a credible report or evidence of misuse that poses a risk of harm to you, other users, or third parties. Unless legally prohibited or commercially impracticable, WaterWatcher will use reasonable efforts to provide notice of any suspension or termination.

Termination. You may cancel your subscription and close your account at any time through your account settings or by contacting us. Cancellation of your subscription will take effect at the end of your then-current billing period, and except as required by applicable law, fees already paid are non-refundable.

Effect of Termination. Upon termination or expiration of your account for any reason, your right to access and use the Service ceases immediately and all licenses granted to you under these Terms are automatically revoked. Following termination, we will delete or de-identify your User Data in accordance with our Privacy Policy and applicable law, except that we may retain records required for legal compliance, tax, or dispute resolution purposes for such period as is required or permitted by applicable law.

Monitoring and Enforcement

We reserve the right, but have no obligation, to monitor your use of the Service and to take any action we deem appropriate in our sole discretion to enforce these Terms, comply with applicable law, or protect our rights, users, or systems. Such actions may include, without limitation, investigating suspected violations, reporting activity to law enforcement or regulatory authorities, removing or restricting access to content, and refusing, restricting, suspending, or terminating your access to the Service, in whole or in part, with or without notice. We are not liable for any failure or delay in taking any such action.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Service and all content, features, and functionality provided through the Service are provided on an “as is” and “as available” basis without warranty of any kind, whether express, implied, statutory, or otherwise. WaterWatcher expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. WaterWatcher does not warrant that the Service will meet your requirements or expectations, that Reports or any other output of the Service will be accurate, complete, or timely, that the Service will be uninterrupted or error-free, or that third-party environmental data incorporated into the Service is accurate or complete. You assume all responsibility and risk for your use of the Service and your reliance on any data or outputs generated thereby, including all risk associated with fishing, boating, and being on or near the water. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, and to the extent such exclusions are not permitted under applicable law, some of the above may not apply to you.

Limitation of Liability

To the maximum extent permitted by applicable law, WaterWatcher, its officers, directors, employees, agents, affiliates, licensors, and service providers will not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or any other intangible loss, arising out of or in connection with your access to or use of the Service, your reliance on any Report or other output of the Service, any conduct or content of any third party in connection with the Service, any failure or interruption of a third-party data source or integration, or unauthorized access to or alteration of your User Data, even if WaterWatcher has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, WaterWatcher’s total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service will not exceed the lesser of the total amount you actually paid to WaterWatcher in the twelve months preceding the claim, or one hundred U.S. dollars (USD $100.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, and to the extent such limitations are not permitted under applicable law, some of the above may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless WaterWatcher, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your breach of these Terms; (b) your use of or access to the Service in violation of applicable law; (c) WaterWatcher’s authorized use of User Data; (d) any catch record, photo, or other content you submit through the Service; (e) your violation of any applicable recording-consent, wiretap, or eavesdropping law in connection with your use of voice logging, including any failure to obtain the consent of a third party whose voice was captured during a voice logging session; (f) your violation of any fishing regulation, wildlife protection law, or other applicable law in connection with your use of the Service; or (g) any dispute between you and another user of the Service. WaterWatcher reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any such matter without WaterWatcher’s prior written consent.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law provisions. Any legal action, suit, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the state or federal courts of competent jurisdiction sitting in the Commonwealth of Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including any objection based on inconvenient forum. WaterWatcher retains the right to bring any enforcement action against you in your state or country of residence or any other relevant jurisdiction.

Modifications to These Terms

We reserve the right to revise and update these Terms at any time and at our sole discretion. When we make material changes, we will provide notice by posting the updated Terms on our website and updating the effective date at the top of this document. All changes are effective upon posting unless a later effective date is specified. Your continued access to or use of the Service after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use of the Service and may request account deletion.

Updates to the Service

WaterWatcher may from time to time develop and deploy updates to the Service, which may include upgrades, bug fixes, patches, new features, and changes to existing features or functionality. Updates may also modify or remove certain features and functionality. You agree that WaterWatcher has no obligation to provide any particular update or to continue to provide or enable any particular feature or functionality. WaterWatcher reserves the right to withdraw, amend, or discontinue the Service or any part thereof at any time, in its sole discretion, without notice, and will not be liable for any resulting unavailability of the Service.

Assignment

You may not assign, transfer, delegate, or otherwise dispose of any of your rights or obligations under these Terms, whether voluntarily, by operation of law, or otherwise, without WaterWatcher’s prior written consent. Any purported assignment or transfer in violation of this Section shall be null and void. WaterWatcher may freely assign, transfer, or delegate these Terms, in whole or in part, without restriction or prior notice to you, including in connection with a merger, acquisition, reorganization, asset sale, or change of control. These Terms shall be binding upon and inure to the benefit of each party’s permitted successors and assigns.

Beta Services

From time to time, WaterWatcher may designate certain features, functionalities, or portions of the Service as beta, pilot, preview, or experimental offerings. Beta features may be incomplete, unavailable, interrupted, inaccurate, or subject to additional bugs, errors, and changes. WaterWatcher makes no commitment to make any beta feature generally available and may modify, suspend, or discontinue any beta feature at any time without notice or liability. Beta features are excluded from any limited warranties otherwise applicable to the Service.

General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any other written agreements expressly incorporated herein, constitute the entire agreement between you and WaterWatcher with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

Waiver. No failure by WaterWatcher to exercise, and no delay in exercising, any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. A waiver of any particular breach or default shall not constitute a waiver of any subsequent breach or default.

No Third-Party Beneficiaries. These Terms are for the sole benefit of you and WaterWatcher and their respective permitted successors and assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

Force Majeure. WaterWatcher shall not be liable for any failure or delay in performance arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, government action, internet or telecommunications failure, cyberattacks, or failure of third-party service providers.

Notices. All notices from you to WaterWatcher under these Terms must be sent by email to legal@waterwatcher.com. WaterWatcher may provide notices to you via email to the address associated with your account, in-app notification, or by posting on the Service.