Legal · Terms
Terms of Service
The agreement between you and ReelCaster. Please read it before you sign up or subscribe.
Last updated: August 18, 2026
Effective Date: August 18, 2026 · Last Updated: August 18, 2026 · Version: 2.0
These Terms of Service ("Terms") form a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Copia Digital Incorporated ("Copia," "we," "us," or "our"), governing your access to and use of the ReelCaster application, our marine intelligence engine, our websites, and any associated content, features, or services (collectively, the "Service").
By using the Service, including by browsing it without an account, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, do not use the Service.
PLEASE READ SECTIONS 3, 4, 15, 16, AND 17 CAREFULLY. THEY LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO ASSUME CERTAIN RISKS, AND RELEASE US FROM CLAIMS, INCLUDING CLAIMS ARISING FROM OUR OWN NEGLIGENCE. BY USING THE SERVICE YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THOSE SECTIONS AND ACCEPT THEM.
Plain-language summary
This box is a convenience, not part of the agreement. The numbered sections below are what actually binds you.
- ReelCaster predicts fishing conditions. It is not a navigation tool and must never be used to keep a vessel safe. You take on that risk yourself and you release us from claims about it. See Section 3.
- Our fishing regulation information is not legal advice and may be wrong or out of date. Always check with DFO or WDFW before you fish. If you get fined, that is on you, not us. See Section 4.
- Subscriptions renew automatically. You can cancel online at any time. See Section 6.
- You own your photos and catch logs. We use de-identified data derived from them to improve our models. See Section 11.
- You must follow all fishing laws. We do not authorize any catch.
1. Scope, and Other Agreements
These Terms govern your use of ReelCaster as an angler or subscriber. They are the entire agreement for that use, together with our Privacy Policy and, where applicable, the platform appendices at the end of this document.
These Terms do not govern:
- Guide and reviewer engagements. If you contribute paid spot reviews, guide submissions, or partner content, that relationship is governed by a separate written agreement presented to you when you begin a review session. Where that agreement conflicts with these Terms, that agreement controls for the review work.
- Programmatic or API access. Any access to our data outside the ordinary use of our application and websites requires a separate written agreement with us. No such access is granted by these Terms.
2. Eligibility
Minimum age. You must be at least 13 years old to use the Service. The Service is not directed to, and we do not knowingly collect personal information from, children under 13. If we learn we have collected information from a child under 13, we will delete it.
Minors. If you are at least 13 but under the age of majority where you live (19 in British Columbia, 18 in most U.S. states), you may use the Service only with the involvement of a parent or legal guardian who accepts these Terms on your behalf. That parent or guardian is responsible for your activity on the Service and for any charges incurred.
Purchases. Only a person who has reached the age of majority where they live may purchase a subscription or authorize a payment.
Your representations. By using the Service, you represent and warrant that:
- You meet the age requirements above;
- You have the legal capacity to enter into a binding contract, or a parent or guardian has accepted these Terms for you;
- You will provide accurate, current, and complete information when prompted;
- Your use of the Service does not violate any applicable law or regulation in your jurisdiction;
- You are not located in, and are not a national or resident of, any country subject to a comprehensive Canadian or United States trade embargo, and you do not appear on any Canadian or United States restricted-party or sanctions list.
Where we offer the Service. ReelCaster is offered to residents of Canada and the United States. It is not directed to, and we do not market it in, the European Economic Area, the United Kingdom, or Switzerland.
Entities. If you use the Service on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
3. STRICTLY NOT FOR NAVIGATION OR MARITIME SAFETY
REELCASTER IS A PREDICTIVE MARINE INTELLIGENCE TOOL DESIGNED SOLELY FOR INFORMATIONAL AND ANALYTICAL PURPOSES REGARDING FISHING CONDITIONS. THE PLATFORM, IN WHOLE OR IN PART, IS NOT A NAVIGATIONAL AID.
The cartographic maps, bathymetric shading, depth contours, weather telemetry, spatial coordinates, tidal and current predictions, and environmental modeling provided by the Service must never be relied upon for maritime navigation, hazard avoidance, safe vessel routing, collision avoidance, depth sounding, anchoring, distress communication, search and rescue, or as a substitute for official government charts and Notices to Mariners issued by the Canadian Hydrographic Service, the U.S. National Oceanic and Atmospheric Administration, or any other competent maritime authority.
The Service is NOT, and must NEVER be used as:
- A chartplotter or electronic navigational chart (ENC)
- A depth sounder, sonar, or bathymetric safety reference
- A collision avoidance system, AIS, or radar
- A weather routing or storm avoidance system
- A search and rescue, SAR, or distress communication system
- A substitute for VHF marine radio, EPIRB, PLB, life jackets, float plans, vessel inspections, or any other established mariner safety equipment or practice
- A substitute for the operator's own seamanship, judgment, or compliance with applicable maritime law
Depth and seafloor information shown in the Service is derived from public bathymetric datasets at coarse resolution. It is generalized, may be years out of date, does not reflect uncharted hazards, wrecks, or recent seabed change, and is not surveyed to any safety-of-navigation standard.
3.1 Assumption of risk
You explicitly acknowledge that marine and coastal environments are inherently hazardous, highly volatile, and fundamentally unpredictable, and that boating, fishing, and being on or near the water carry a real risk of property damage, serious personal injury, and death. You voluntarily and unconditionally assume all such risks, hazards, and perils, whether or not they are foreseeable, in exchange for being permitted to use the Service.
3.2 No duty of care
By providing environmental, spatial, bathymetric, or weather information, we do not assume, and expressly disclaim, any duty of care to you or to anyone else in respect of your safety, the safety of your vessel, the safety of your passengers, or your conduct on the water. We are not your navigator, your weather router, your safety officer, or your adviser. Nothing in the Service, and no communication from us, creates a duty to warn you of any hazard, condition, closure, or change, or to correct, update, or continue providing any information.
3.3 Non-reliance
You acknowledge that you are not relying on the Service for any safety-critical purpose, that you will use official charts, official Notices to Mariners, appropriate safety equipment, and your own seamanship for every such purpose, and that any decision you make on the water is your decision alone.
3.4 Release and covenant not to sue
To the fullest extent permitted by applicable law, you release, waive, and forever discharge Copia Digital Incorporated and its directors, officers, employees, contractors, agents, licensors, and data suppliers (the "Released Parties") from any and all claims, demands, actions, causes of action, damages, and liabilities of every kind, whether known or unknown, arising directly or indirectly from your use of, misuse of, reliance on, or inability to use the Service on or near the water, including any vessel damage, grounding, collision, capsizing, stranding, property loss, personal injury, catastrophic accident, or loss of life.
This release applies whether the claim is framed in contract, in tort, in statute, or otherwise, and it applies to claims arising from the negligence of the Released Parties, including negligent design, negligent modelling, negligent data collection, negligent display, negligent misstatement, and negligent omission. You further covenant not to commence or maintain any proceeding against the Released Parties in respect of any claim you have released.
This release is subject only to Section 16.4.
4. FISHING REGULATIONS ARE NOT LEGAL ADVICE
THE SERVICE DISPLAYS INFORMATION ABOUT FISHERIES REGULATIONS, INCLUDING OPENINGS AND CLOSURES, SEASON DATES, DAILY LIMITS, POSSESSION LIMITS, SIZE LIMITS, GEAR RESTRICTIONS, ROCKFISH CONSERVATION AREAS, MARINE PROTECTED AREAS, AND SIMILAR RESTRICTIONS. THIS INFORMATION IS INFORMATIONAL ONLY AND IS NOT LEGAL ADVICE.
Regulatory information in the Service is automatically collected and interpreted from public sources published by Fisheries and Oceans Canada (DFO), the Washington Department of Fish and Wildlife (WDFW), and other authorities. That collection and interpretation is imperfect. Regulatory information shown in the Service may be:
- Out of date, because in-season variation orders and emergency closures can take effect immediately and without warning;
- Incomplete, because not every restriction that applies to a location is published in a form we can read;
- Misinterpreted, because notices are written in prose and machine interpretation of them can be wrong;
- Wrong about which rule applies to your exact location, because regulatory boundaries are complex and our mapping of a location to a management area is approximate.
You must independently verify every applicable regulation with the responsible authority before you fish. For British Columbia, that is Fisheries and Oceans Canada. For Washington, that is the Washington Department of Fish and Wildlife. Their published rules govern, not ours.
The Service does not authorize any catch, does not constitute a licence or permit, and does not relieve you of any obligation to hold a valid licence or to comply with any federal, provincial, state, tribal, or First Nations fisheries rule. You are solely responsible for your compliance.
4.1 No duty and no warranty as to regulations
We do not assume, and expressly disclaim, any duty to display regulatory information, to display it accurately, to display it completely, to keep it current, to correct it, or to warn you of any closure, opening, restriction, or change. We give no warranty of any kind, express or implied, as to any regulatory information in the Service. If we display nothing, that is not a representation that nothing applies. If we display an opening, that is not a representation that the fishery is lawfully open to you.
4.2 Release for regulatory errors and omissions
To the fullest extent permitted by applicable law, you release the Released Parties from, and they shall have no liability whatsoever for, any fine, penalty, forfeiture, seizure of catch, gear, or vessel, licence suspension or revocation, charge, prosecution, conviction, legal cost, reputational harm, or any other loss or consequence arising directly or indirectly from any error, omission, staleness, misinterpretation, mislocation, or absence of regulatory information in the Service, or from your reliance on it. This release applies to claims arising from the negligence of the Released Parties, including negligent extraction, negligent interpretation, negligent mapping of a location to a management area, and negligent failure to update.
This release is subject only to Section 16.4.
5. Accounts, Anonymous Access, and Security
Anonymous access. Some features are available without an account. These Terms apply to that use as well.
Registration. To access most features you must register for an account. You are responsible for:
- Maintaining the confidentiality of your account credentials;
- All activities that occur under your account;
- Promptly notifying us of any unauthorized access or security breach.
We are not liable for any loss or damage arising from your failure to safeguard your credentials. You may not transfer, sell, or share your account with any other person. One account per person.
Accounts created at checkout. You may be able to purchase a subscription before creating an account, in which case we create the account using the email address you provide at checkout and send you instructions to set a password. You accept these Terms at the point of purchase, and your acceptance is recorded against the version number shown at the top of this document.
6. Subscriptions, Billing, Renewal, and Refunds
Supplier information. The supplier of the Service is Copia Digital Incorporated, 612 View Street, Suite 302, Victoria, British Columbia, Canada, telephone +1 236 857 7771, email support@reelcaster.com.
Subscription tiers. ReelCaster offers free and paid tiers. The price, billing period, included features, and renewal terms for each paid tier are presented to you before you purchase, in the application or on our website. The total amount you will be charged, including the renewal amount and the renewal date, is disclosed at checkout.
Payment processing. Payments made directly to us are processed by Stripe. Payments made through a mobile app store are processed by Apple or Google. By providing payment information, you authorize us or our payment processor to charge the applicable fees, including recurring fees, to your payment method.
Automatic renewal. Paid subscriptions renew automatically at the end of each billing period at the then-current price for your tier, until cancelled.
- Subscriptions purchased directly from us. You may cancel at any time, online, through your account settings. Cancellation takes effect at the end of your current billing period. You keep access until then. We will not charge you again after you cancel.
- Subscriptions purchased through the Apple App Store or Google Play. These are managed by the platform. You must cancel at least 24 hours before the end of the current period, through your device's subscription settings. We cannot cancel a platform subscription on your behalf.
Free trials. If we offer a free trial, the length of the trial and the price that applies afterward are disclosed before you start it. You may cancel at any time during the trial and you will not be charged. If you do not cancel before the trial ends, the subscription begins and your payment method is charged. Any unused portion of a free trial is forfeited when you convert to a paid subscription.
Price changes. We may change subscription prices. We will give you at least 30 days' advance notice of any price increase, by email or in-app notice, before it takes effect. If you do not accept the new price, you may cancel before it takes effect. Continued subscription after the effective date constitutes acceptance of the new price.
Refunds. Subscription fees are generally non-refundable, except:
- Where required by applicable consumer protection law, including the British Columbia Business Practices and Consumer Protection Act;
- Where we terminate your account without cause under Section 14, in which case we will refund the prorated unused portion of your current billing period;
- Where we discontinue the Service, on the same prorated basis;
- At our discretion, in cases of demonstrable service failure or billing error.
For purchases made through the Apple App Store or Google Play, refunds are governed by that platform's policies and must be requested from Apple or Google directly. We cannot issue refunds for platform purchases.
Your statutory cancellation rights. If you are a British Columbia consumer, the Business Practices and Consumer Protection Act gives you cancellation rights for distance sales contracts in certain circumstances, including where required information was not disclosed to you before the contract was made. Nothing in this Section limits those rights. To exercise them, contact us at support@reelcaster.com.
Promotional and complimentary access. We may grant free, discounted, or complimentary access to paid features, including promotional codes and comped subscriptions. Promotional access has no cash value, is not transferable, is not redeemable for cash or credit, and may be modified, suspended, or revoked by us at any time. When a complimentary grant expires, your account reverts to the free tier unless you subscribe.
Taxes. Fees are exclusive of applicable taxes (GST, PST, HST, sales tax). You are responsible for any taxes assessed on your purchase.
7. Alerts, Text Messages, and Email
What we send. If you configure them, we send fishing condition alerts, account and billing notices, and service announcements by email, text message, and push notification.
Consent. By providing your mobile number and enabling text alerts, you consent to receive automated text messages from ReelCaster at that number. Consent to receive marketing text messages is not a condition of purchasing anything from us. You may use the Service and receive alerts by email without providing a mobile number.
Text message program terms.
- Program: ReelCaster fishing condition alerts and account notices.
- Message frequency: Varies based on the alerts you configure and on conditions at the spots you follow. You control this in your notification settings.
- Message and data rates may apply. Your mobile carrier's standard rates apply to every message you send or receive.
- To stop: Reply STOP to any message to opt out of that message category. You will receive one confirmation message and then no further texts of that kind.
- For help: Reply HELP to any message, or contact us at support@reelcaster.com.
- Carriers: Mobile carriers are not liable for delayed or undelivered messages. We do not guarantee that any alert will be delivered, delivered on time, or delivered at all. Never rely on an alert, or on the absence of one, for any safety-related decision.
- Number changes: Tell us promptly if you give up or change your mobile number so we do not text a number that has been reassigned to someone else.
- Privacy: Information you provide for text messaging is handled under our Privacy Policy.
Commercial email. We send commercial email only where we have your consent or another lawful basis under Canada's Anti-Spam Legislation. Every commercial message identifies us, gives our contact information, and includes a working unsubscribe link that we will honour within 10 business days. Transactional and account messages, such as billing receipts, security notices, and changes to these Terms, are not marketing and will continue as long as you hold an account.
Push notifications. You can turn push notifications off in your device settings at any time.
8. Acceptable Use and Data Integrity
The value of the Service depends on the accuracy, integrity, and good-faith use of the data ingested by the marine intelligence engine. You agree not to:
- Upload false, fabricated, or deceptive catch records;
- Manipulate EXIF coordinate metadata, timestamps, or other photo metadata;
- Use automated injection scripts, bots, scrapers, or any other automated means to interact with the Service, except under a separate written agreement with us;
- Attempt to poison, skew, or otherwise compromise the integrity of our datasets or models;
- Reverse engineer, decompile, or attempt to extract source code or proprietary algorithms from the Service;
- Circumvent, or attempt to circumvent, any access control, paywall, rate limit, or usage restriction;
- Use the Service to harass, defame, threaten, or harm other users, fishery officers, guides, marina operators, or third parties;
- Use the Service for any illegal purpose, or in violation of any fisheries regulation, marine protected area restriction, species closure, or licensing requirement;
- Resell, redistribute, sublicense, or commercially exploit the Service or its data without our prior written permission;
- Use the Service or its outputs to train, fine-tune, or evaluate any machine learning model.
9. User Content
Your Content. The Service may allow you to upload photos, log catches, save and share spots, post comments, or submit other content ("User Content"). You retain ownership of your User Content.
Your representations. You represent and warrant that:
- You own or have the necessary rights to your User Content;
- Your User Content does not infringe any third party's intellectual property, privacy, or publicity rights;
- Your User Content does not contain illegal, obscene, defamatory, or harmful material;
- Where your User Content shows an identifiable person, you have that person's consent to upload it.
Licence to us. The licence you grant us in your User Content is set out in Section 11.
Removal. We may remove User Content that we reasonably believe violates these Terms or applicable law, without prior notice. Reinstatement is at our discretion.
10. Sharing Spots and Content With Other Users
If you share. If you use a feature to share a spot, a catch log, or other content with another person, you are responsible for the consequences of that disclosure. Spot coordinates are valuable and, once disclosed, cannot be recalled. We are not liable for any use or misuse of shared content by a recipient.
If you receive. Content another user shares with you, including spot coordinates, catch history, and photographs, is provided for your personal, non-commercial use only. You may not republish it, post it publicly, sell it, or re-share it with anyone else without the permission of the person who shared it with you. This obligation survives the end of your subscription and the termination of your account.
Community and third-party intel. The Service may surface fishing reports, discussion summaries, and other information originating with other users or with public third-party sources. We do not verify this information, do not endorse it, and make no representation that it is accurate, current, or truthful. Treat it as hearsay.
11. Intellectual Property, Derived Data, and Model Training
Our property. Copia Digital Incorporated retains all right, title, and interest in and to the Service, including the marine intelligence engine, predictive algorithms, scoring models, conditioned snapshots, derived datasets, software, design, trade marks, and all associated intellectual property. Nothing in these Terms transfers ownership of any of our intellectual property to you.
Limited licence to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your personal, non-commercial fishing use.
Licence in your User Content. You retain copyright in your photos, catch logs, and other User Content. By submitting User Content, you grant Copia Digital Incorporated a non-exclusive, worldwide, royalty-free, sublicensable licence to:
- Host, store, reproduce, modify (for formatting, resizing, and similar technical purposes), and display your User Content as necessary to operate and provide the Service to you and to people you share it with;
- Generate aggregated and de-identified environmental, spatial, and predictive data ("Derived Data") from your User Content and your use of the Service;
- Use Derived Data to train, evaluate, improve, and operate our marine intelligence engine on a continuing basis.
This is the only licence you grant us in your User Content. We do not display your User Content publicly, or to users you have not shared it with, without your permission.
About Derived Data. We apply commercially reasonable technical and organizational measures to remove direct identifiers from Derived Data and to aggregate it so that it is not readily attributable to any individual. We recognize that precise location and time data can, in some circumstances, be re-identifiable, and we do not represent that de-identification is absolute or irreversible. We do not sell your catch coordinates or precise location data to third parties.
Retention and your rights. Our retention and use of Derived Data is described in our Privacy Policy and survives termination of your account. Where you have a right of access, correction, or erasure under applicable law, including PIPEDA and, for California residents, the CCPA as amended by the CPRA, those rights apply to your personal information and to your original uploaded content. They do not extend to aggregated or de-identified Derived Data that is no longer attributable to you and that we cannot re-identify without disproportionate effort. Once your original content is deleted, we do not re-derive from it.
Feedback. If you submit suggestions or feedback about the Service, we may use it without restriction, attribution, or compensation.
12. Copyright Complaints
Notice of alleged infringement. If you believe content on the Service infringes your copyright, send a written notice to our designated agent at support@reelcaster.com containing:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material claimed to be infringing and information reasonably sufficient to let us locate it;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We may remove or disable access to material that is the subject of a valid notice.
Counter-notice. If your content was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same address containing your signature, identification of the removed material and where it appeared, a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification, your contact information, and your consent to the jurisdiction of the applicable court.
Repeat infringers. We terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
Canada. We also comply with the notice and notice requirements of the Canadian Copyright Act where they apply to us.
13. Third-Party Data, Services, and Advertising
Third-party data. The Service integrates data from third-party and government sources, including weather models, tidal and current predictions, buoy and station observations, bathymetric datasets, satellite and modelled sea surface temperature, and published fisheries regulations. A list of principal sources appears in Appendix C. We do not control these sources and do not guarantee, warrant, or endorse the accuracy, completeness, timeliness, uptime, or reliability of any third-party data. Your reliance on it is at your own risk.
Third-party links and services. The Service may link to third-party websites and services. We are not responsible for them, and your use of them is governed by their terms, not ours.
Advertising. Parts of the Service may display advertising served by third-party advertising networks, including Google. We do not control, endorse, or vouch for advertised products or services, and any dealings you have with an advertiser are between you and that advertiser. Advertising networks may use cookies and similar technologies to select and measure ads. How that works, and how you can opt out where the law gives you that right, including the right of California residents to opt out of the sale or sharing of personal information, is described in our Privacy Policy.
14. Termination, Data Retention, and Deletion
Termination by you. You may close your account at any time through your account settings, or by contacting us at support@reelcaster.com. Closing your account cancels any subscription as described in Section 6. You remain liable for fees incurred before termination.
Termination by us for cause. We may suspend or terminate your account immediately, without refund, if we reasonably believe you have:
- Materially breached these Terms;
- Engaged in data manipulation, fraud, or abuse of the Service;
- Used the Service to harm us, other users, or third parties;
- Violated applicable law in connection with your use of the Service.
We will notify you of a for-cause termination by email to your registered address, except where prior notice would compromise an investigation, the safety of users, or the integrity of the Service.
Termination by us without cause. We may terminate or suspend your access for operational, legal, or business reasons unrelated to your conduct, including discontinuation of the Service. In that case we will give you reasonable advance notice and refund the prorated unused portion of any prepaid fees.
Appeals. If you believe your account was terminated in error, contact us at support@reelcaster.com. We will review the matter in good faith. Our decision is final.
What happens to your data. When your account is closed, we delete or de-identify your personal information and your original uploaded content within the period stated in our Privacy Policy, except where we must retain records to comply with a legal, tax, accounting, or regulatory obligation, to resolve disputes, or to enforce our agreements. Aggregated and de-identified Derived Data is retained as described in Section 11.
Exporting your data. Before you close your account, you may request a copy of your catch logs, saved spots, and uploaded photos by contacting us at support@reelcaster.com.
Survival. The following survive termination: Section 3 (Not For Navigation), Section 4 (Regulations), Section 6 (Subscriptions, as to fees owed and refunds), Section 8 (Acceptable Use), Section 10 (Sharing), Section 11 (Intellectual Property and Derived Data), Section 12 (Copyright), Section 15 (Disclaimer of Warranties), Section 16 (Limitation of Liability), Section 17 (Indemnification), Section 19 (Governing Law and Disputes), Section 20 (General Provisions), Section 21 (Notices), and Section 22 (Contact), together with any other provision that by its nature should survive.
15. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COPIA DIGITAL INCORPORATED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty regarding the factual accuracy, temporal reliability, or predictive success of the Service's environmental modeling, scoring, or forecasts. We do not promise that you will catch fish. We do not guarantee uninterrupted or error-free operation, that alerts will be delivered, or that regulatory information is current or correct. We do not guarantee, warrant, or endorse the accuracy or reliability of any third-party weather, tidal, current, lunar, bathymetric, environmental, or regulatory data integrated into the Service, or of any information contributed by other users.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion of implied statutory conditions, so some of these exclusions may not apply to you. In those cases, the disclaimers apply to the maximum extent permitted by law.
16. Limitation of Liability
16.1 Exclusion of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COPIA DIGITAL INCORPORATED OR ANY OTHER RELEASED PARTY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, VESSEL DAMAGE OR REPAIR COSTS, SALVAGE OR TOWING COSTS, LOST FISHING OPPORTUNITY, FINES, PENALTIES, FORFEITURES, SEIZURES, LEGAL COSTS, PERSONAL INJURY, OR DEATH, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS EXCLUSION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, STATUTORY CLAIM, AND TORT, AND IT APPLIES EXPRESSLY TO LIABILITY ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, INCLUDING NEGLIGENT DESIGN, NEGLIGENT MODELLING, NEGLIGENT MISSTATEMENT, NEGLIGENT MISREPRESENTATION, AND NEGLIGENT OMISSION. It applies whether the loss arises on the water, on land, or otherwise, and whether it arises from your use of the Service, your inability to use it, any interruption or discontinuation of it, any failure to deliver an alert, or any error, omission, or staleness in any information it displays.
16.2 Liability cap
If, despite Sections 3, 4, 15, and 16.1, any Released Party is found liable to you on any basis, our total cumulative liability to you for all claims combined, regardless of the number of claims or the form of the action, is limited to the greater of: (a) the total amount you paid us for the Service in the six (6) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100). Multiple claims do not enlarge this cap.
16.3 Basis of the bargain
You acknowledge that the disclaimers, releases, and limitations in Sections 3, 4, 15, 16, and 17 are a fundamental basis of the bargain between you and us, that they reflect a deliberate and reasonable allocation of risk between us, and that the fees for the Service, including the free tier, are set on the basis of that allocation. We would not make the Service available to you on any terms without these provisions. You further acknowledge that you have had the opportunity to read these provisions, that they are conspicuous and were brought to your attention before you accepted them, and that you accept them voluntarily.
16.4 The only limits on the above
Sections 3.4, 4.2, 16.1, and 16.2 apply to the maximum extent permitted by applicable law. They do not apply, and only to the extent they do not apply, where applicable law does not permit the exclusion or limitation of a particular liability. This includes liability for fraud or fraudulent misrepresentation, liability for wilful misconduct, and any liability that cannot lawfully be excluded or limited under the British Columbia Business Practices and Consumer Protection Act or other applicable consumer protection law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these provisions may not apply to you. Where a provision cannot be enforced in full, it shall be enforced to the greatest extent permitted, and its partial unenforceability does not affect any other provision.
16.5 Time limit for claims
To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim arose, or it is permanently barred. Where applicable law does not permit a limitation period to be shortened by agreement, the statutory period applies instead.
17. Indemnification
You agree to defend, indemnify, and hold harmless Copia Digital Incorporated, its directors, officers, employees, and agents from any third-party claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:
- Your use or misuse of the Service;
- Your User Content;
- Your breach of these Terms;
- Your violation of any law, regulation, or third-party right, including intellectual property, privacy, or publicity rights;
- Any incident, injury, or loss occurring on the water in connection with your use of the Service, including any claim brought by a passenger, crew member, another vessel operator, or any other person;
- Any fine, penalty, prosecution, or regulatory proceeding arising from your fishing activity.
This obligation does not apply to the extent the claim arises from our own wilful misconduct, and it does not apply where it would be unenforceable against you as a consumer under applicable law. We will notify you of any claim for which we seek indemnity and may assume the exclusive defence of it, in which case you agree to cooperate with our defence.
18. Changes to the Service and These Terms
Changes to the Service. We may modify, add to, or remove features of the Service at any time. Where a change materially reduces the features of a paid tier you are subscribed to, or where we discontinue the Service, Section 14 applies, including its notice and prorated refund provisions.
Changes to these Terms. We may update these Terms. For material changes, we will notify you by email, if we have your address, or by a prominent in-app notice, at least 30 days before the changes take effect, and we will increment the version number at the top of this document. Non-material changes, such as clarifications and corrections, may be made by posting the updated Terms.
Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not accept them, you must stop using the Service, and you may cancel your subscription as described in Section 6. If you cancel within 30 days of a material change taking effect because of that change, we will refund the prorated unused portion of your current billing period.
19. Governing Law, Jurisdiction, and Disputes
Governing law. These Terms and your use of the Service are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles. If you are a consumer resident elsewhere, this choice of law does not deprive you of the protection of mandatory consumer laws of your place of residence.
Informal resolution first. Before filing any formal claim, you agree to try to resolve the dispute informally by writing to us at support@reelcaster.com with a description of the dispute and the relief you seek. We will try in good faith to resolve it within 30 days of receiving your notice. This step is a precondition to filing, except for claims seeking urgent injunctive relief.
Jurisdiction. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts of the Province of British Columbia sitting in Victoria, and you consent to the personal jurisdiction of those courts. This does not prevent you from bringing a claim in the small claims court or equivalent tribunal of the place where you live, if that court has jurisdiction.
Class action waiver. To the fullest extent permitted by applicable law, you and Copia Digital Incorporated agree that any dispute will be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. This waiver does not apply, and is of no effect, where it is prohibited or unenforceable by law, including in respect of any claim under the British Columbia Business Practices and Consumer Protection Act. If this waiver is held unenforceable as to a particular claim, that claim proceeds in court, and the remainder of this Section stays in effect.
No arbitration. These Terms do not require arbitration. Nothing prevents the parties from agreeing to mediate or arbitrate a specific dispute after it arises.
Injunctive relief. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
20. General Provisions
Entire agreement. These Terms, together with our Privacy Policy and any applicable appendix, constitute the entire agreement between you and Copia Digital Incorporated regarding the Service and supersede any prior agreements on that subject.
Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions continue in full force.
Waiver. Our failure to enforce any provision is not a waiver of that provision or any other.
Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.
Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labour disputes, government action, internet or telecommunications failure, third-party service outages, cloud provider outages, and epidemics or pandemics.
Headings. Section headings are for convenience only and do not affect interpretation.
Independent parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
Third-party beneficiaries. Except as expressly stated in Appendix A in respect of Apple, there are no third-party beneficiaries to these Terms.
Statutory rights. Nothing in these Terms limits or excludes any right you have under applicable consumer protection law, including the British Columbia Business Practices and Consumer Protection Act, that cannot lawfully be limited or excluded. Any provision of these Terms that conflicts with such a right is, to that extent, of no effect.
Language. These Terms are drafted in English. The parties have requested that these Terms and all related documents be in English. Les parties ont demandé que la présente convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
21. Notices
To you. We give you legal notice by email to the address registered on your account, by in-app notice, or by posting on our website. Notice by email is effective when sent. Keep your email address current. If email to your registered address bounces persistently, we may give notice by in-app notice alone, and that notice is effective.
To us. You give us legal notice by email to support@reelcaster.com and, for anything requiring formal service, by mail to the address in Section 22. Notice to us is effective when received.
22. Contact
Copia Digital Incorporated
612 View Street, Suite 302
Victoria, British Columbia, Canada
Telephone: +1 236 857 7771
General and support: support@reelcaster.com
Copyright notices: support@reelcaster.com
Privacy requests: support@reelcaster.com
Appendix A: Apple App Store Additional Terms
These terms apply only if you obtained the ReelCaster application from the Apple App Store. In the event of a conflict, this Appendix controls over the body of these Terms for that use.
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The agreement is with us, not Apple. These Terms are concluded between you and Copia Digital Incorporated only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the ReelCaster application and its content.
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Scope of licence. The licence granted to you in Section 11 is limited to a non-transferable licence to use the application on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms of Service, except that it may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
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Maintenance and support. We are solely responsible for providing maintenance and support for the application. Apple has no obligation whatsoever to furnish any maintenance or support services.
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Warranty. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the application. If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, that you paid for the application. Apple has no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our sole responsibility.
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Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the application or your possession and use of it, including product liability claims, any claim that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
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Intellectual property claims. In the event of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of that claim.
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Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
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Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.
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Contact. Support questions should be directed to support@reelcaster.com.
Appendix B: Google Play Additional Terms
These terms apply only if you obtained the ReelCaster application from Google Play. Your use of the application is also subject to the Google Play Terms of Service. Google is not a party to these Terms and has no responsibility for the application. Subscriptions purchased through Google Play are billed by Google, are managed in your Google Play account settings, and refunds are governed by Google's policies.
Appendix C: Third-Party and Government Data Sources
The Service incorporates data from public and third-party sources, including the following. Use of each source is subject to that source's own licence, and their inclusion does not imply that the source endorses ReelCaster.
- Fisheries and Oceans Canada (DFO), for fisheries management areas, openings and closures, and regulatory notices.
- Canadian Hydrographic Service, for tidal predictions and for the NONNA-10 bathymetric dataset, used under the Open Government Licence for Canada. Bathymetric products in the Service are derived and are not authorized charts.
- Natural Resources Canada, for elevation and terrain data, used under the Open Government Licence for Canada.
- Environment and Climate Change Canada / Meteorological Service of Canada, for surface weather observations.
- U.S. National Oceanic and Atmospheric Administration (NOAA), including CO-OPS tide and current stations, the National Data Buoy Center, and aviation weather observations.
- Washington Department of Fish and Wildlife (WDFW), for Washington fisheries regulations, marine areas, and marine protected areas.
- University of British Columbia SalishSeaCast, for modelled Salish Sea currents, salinity, and sea surface temperature, accessed via ERDDAP.
- Open-Meteo, for forecast weather.
This list is maintained on a best-effort basis and may not be exhaustive.