These Terms of Use ("Terms") are entered into between you and Bluewater Intel LLC ("Company," "we," "us," or "our") and govern your access to and use of the Bluewater Intel application, website, and any related services (collectively, the "Services"). Please read them carefully. By accessing or using the Services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
Bluewater Intel is an educational and planning tool intended to help you learn how to fish, where to fish, and when to fish. It aggregates and models oceanographic and environmental information to produce estimates and suggestions.
The Services are NOT a navigation system and must not be used for any navigation, positioning, mapping, tracking, routing, or GPS purpose. Do not use the Services for marine navigation, route planning, collision avoidance, or to identify hazards, depths, or safe passage. Waypoints, charts, and positions shown may be inaccurate, incomplete, or out of date. Always rely on official nautical charts, properly maintained navigational equipment, and your own seamanship. Marine conditions are dangerous and change rapidly; you are solely responsible for the safety of yourself, your crew, and your vessel.
Fishing waypoints, structure markers, ramps, and similar locations shown in the Services are compiled from a variety of sources, including state and federal government databases, other public records, open-source information, information submitted by users, and information provided by fishermen and other contributors. The waypoint database is updated regularly, but a coordinate or marker does not guarantee that fish, bait, or bottom structure is present at that location at any given time. Ocean currents, storms, sediment movement, fishing pressure, and natural bottom changes can shift, cover, or alter structure over time.
Waypoints and structure markers are intended as a planning guide and reference tool to help fishermen explore and organize trips — not as a promise of catch, navigational certainty, or current seafloor conditions. Bluewater Intel will not be held liable for any loss of time, fuel, bait, equipment, or other expenses arising from your reliance on any waypoint, structure marker, or related location information in the Services, or from traveling to or fishing any such location.
Fishing involves countless factors outside anyone's control. The Services' predictions, scores, waypoints, and "hot spots" are estimates and guides, not guarantees. We do not promise that fish are present at any location, that you will catch fish, or that any prediction will prove accurate. Information is based in part on historical and modeled data. Past conditions and model outputs do not guarantee future results.
You must be of legal age to form a binding contract to use the Services. If you create an account, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity under your account, and agree not to share your account or use another person's account. Notify us promptly of any unauthorized use. We are not liable for any loss arising from unauthorized use of your account. We may suspend or terminate accounts, in our sole discretion, for any violation of these Terms or for conduct we deem harmful, abusive, or unlawful.
The Services may allow you to post community fishing reports and other content you submit (together, "User Content"), such as report text, target species, the port you fished from, and the date fished. When you post a fishing report, that User Content is public to other users of the Services under an anonymous handle — not under your name or email. You choose the port and date; the region is derived from the port. You may edit reports you authored.
You retain ownership of your User Content. By posting, you grant Bluewater Intel LLC a worldwide, non-exclusive, royalty-free, transferable license to host, store, display, reproduce, and use that User Content in connection with operating, improving, and promoting the Services (including using port-level report signals in Bite Map scoring). You represent that you have the right to post the content and that it is accurate to the best of your knowledge. You agree not to post content that is unlawful, harassing, defamatory, spam, or that reveals another person's private information. We may remove or refuse User Content at our discretion. Community reports are user-submitted and are not verified by us; they are not a guarantee of fishing conditions or catch.
You are responsible for knowing and obeying all applicable fishing, boating, environmental, and safety laws — including licenses, seasons, size and bag limits, protected areas, and closures. Regulatory information in the Services may be incomplete or out of date; always confirm current rules with the responsible government agency before fishing.
The Services and all content, software, designs, text, graphics, data compilations, waypoint datasets, and other materials, together with the underlying source and object code and the structure, organization, scoring algorithms, models, and methods of the Services, are owned by the Company or its licensors and are protected by intellectual property and other laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use only. You acquire no other rights, by implication or otherwise, in the Services.
You agree that you will not: (a) copy, modify, distribute, sell, resell, sublicense, publish, or make any commercial use of the Services or any content without our written permission; (b) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code, algorithms, or data structures of the Services; (c) access, scrape, harvest, or copy any part of the Services using any robot, spider, scraper, or other automated means without our written permission; (d) circumvent, disable, or interfere with any security, access-control, or usage-limitation feature; (e) remove or alter any copyright, trademark, disclaimer, or other proprietary notice; (f) introduce any virus or harmful code, or otherwise impair or interfere with the Services or any other person's use of them; or (g) use the Services in any unlawful manner or in any way that suggests an unauthorized association with the Company.
The Services display information from third parties, including government and public sources (for example NOAA and NASA) and other data providers. Such materials are the responsibility of the parties that provide them, may be inaccurate or unavailable, and do not necessarily reflect our views. The Services may also contain links to third-party sites and resources provided for convenience only. We do not control and are not responsible for third-party content, data, or sites, and your use of them is at your own risk and subject to their terms.
The Services may be supported by advertising, and we reserve the right to display advertising within them. We also reserve the right to generate, use, share, and sell aggregated and de-identified information derived from usage and from the data you provide — information combined and stripped so that it cannot reasonably be used to identify you — for any purpose, including analytics, research, and commercial data products. We do not sell or share the personal information that identifies you, and we will not publicly identify you. Our handling of your information is governed by our Privacy Policy, which controls in the event of any conflict on privacy matters.
Some features of the Services are offered on a paid subscription basis. By starting a subscription you authorize us and our payment processor to charge the applicable fees and any taxes to your selected payment method, on a recurring basis, until you cancel.
Payment processing. Payments are processed by Stripe, Inc., our third-party payment processor. By subscribing you also agree to Stripe's terms and authorize Stripe to store and charge your payment method. We do not collect or store your full payment-card number; that information is handled directly by Stripe under its own terms and privacy policy. You are responsible for providing accurate, current payment information and for keeping it up to date.
Plans and pricing. Current plans and prices are shown in the app at the point of purchase (for example, a monthly plan and a discounted annual plan). Prices are stated in U.S. dollars and exclude any applicable taxes, which may be added. We may change prices prospectively; any price change will not take effect until your next renewal after we provide notice, and your continued subscription after a price change takes effect constitutes acceptance of the new price.
Free trial. If we offer a free trial, you may be required to provide a valid payment method to start it. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged the then-current fee. The trial length and terms are shown at sign-up. Only one trial per customer unless we state otherwise; we may modify or withdraw trial offers at any time.
Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annually, as selected) at the then-current rate, and your payment method will be charged at the start of each new period, until you cancel. By subscribing you acknowledge and consent to this automatic, recurring billing.
Cancellation. You may cancel at any time through the billing/account management portal in the app (which opens our payment processor's customer portal) or by contacting us at info@bluewaterintel.com. When you cancel, your subscription remains active through the end of the current paid period and then does not renew; access to paid features ends when that period ends. Canceling stops future charges but does not, by itself, generate a refund of amounts already paid.
Refunds. Except where required by law, all charges are non-refundable and we do not provide refunds or credits for partial billing periods, unused time, or features you did not use. We may, in our sole discretion, offer a refund, discount, or credit in a particular case, which does not entitle you or anyone else to the same in any other case. If you purchased through a third-party app store, that store's refund policies and procedures may also apply.
App-store purchases. If you purchase a subscription through a third-party platform (such as the Apple App Store or Google Play), the purchase, billing, renewal, and cancellation are also subject to that platform's terms, and you must manage or cancel the subscription through that platform's account settings. The platform — not the Company — handles those payments.
Failed payments. If a charge is declined or a payment method fails, we (through our processor) may retry the charge and may suspend or downgrade your access to paid features until payment is successfully made. You remain responsible for any amounts owed.
Chargebacks. If you initiate a chargeback or payment dispute, we may suspend or terminate your access pending resolution. Please contact us first so we can try to resolve any billing concern.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the Services will be accurate, reliable, uninterrupted, error-free, or secure, that defects will be corrected, or that any data (including weather, sea-surface temperature, chlorophyll, depth, waypoint, structure, or location information) is accurate, complete, or current. Waypoint and structure coordinates are compiled from third-party, public, user-submitted, and contributor sources and may be outdated or imprecise. Any reliance you place on the Services is strictly at your own risk. This does not affect any warranties that cannot be excluded or limited under applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, the Company and its owners, members, employees, licensors, suppliers, and partners will not be liable for any injury, death, property damage, or loss, or for any indirect, incidental, consequential, special, exemplary, or punitive damages, arising out of or relating to your access to or use of (or inability to use) the Services, including any reliance on any prediction, waypoint, structure marker, data, or content — including any loss of time, fuel, bait, equipment, or other trip expenses from traveling to or fishing any waypoint or location shown in the Services — even if advised of the possibility of such damages. To the extent any liability cannot be excluded, our total aggregate liability will not exceed one hundred U.S. dollars ($100) or the amount you paid us, if any, for the Services in the twelve months before the claim, whichever is greater. Your sole and exclusive remedy for dissatisfaction with the Services is to stop using them.
Boating and offshore fishing are inherently hazardous. By using the Services you acknowledge these risks and agree that you participate at your own risk and are solely responsible for your own decisions on the water.
You agree to defend, indemnify, and hold harmless the Company and its owners, members, employees, licensors, suppliers, and agents from and against any claims, liabilities, damages, judgments, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any law or the rights of any third party.
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law rules. Any suit, action, or proceeding shall be brought exclusively in the state or federal courts located in Virginia, and you consent to the personal jurisdiction and venue of those courts.
ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE IT IS PERMANENTLY BARRED.
We may modify, suspend, or discontinue all or part of the Services at any time without notice, and we will not be liable if the Services are unavailable. We may revise these Terms from time to time; changes are effective when posted. Your continued use of the Services after changes are posted means you accept the revised Terms.
Our failure to enforce any provision is not a waiver of it. If any provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
These Terms and our Privacy Policy constitute the entire agreement between you and the Company regarding the Services and supersede all prior understandings.
Questions about these Terms: info@bluewaterintel.com.
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Questions: info@bluewaterintel.com