Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "user") and Morton Brands LLC, doing business as FishProof ("we," "us," or "our"), governing your use of the FishProof mobile application (the "App"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, do not use the App.

We may update these Terms from time to time. When we make material changes, we will notify you through the App or by other reasonable means. Your continued use of the App after such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App and delete your account.

2. Eligibility

You must be at least 13 years of age to use the App. During onboarding, we require you to provide your birth month and year to verify your age. If you are under 13, you are not permitted to use the App and will be blocked from creating an account.

If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may use the App only with the consent and supervision of a parent or legal guardian. By allowing a minor to use the App, the parent or guardian agrees to be bound by these Terms on behalf of the minor and accepts full responsibility for the minor's use of the App.

3. Account Registration and Authentication

To access full App features beyond the free trial, you must create an account using one of our supported authentication methods: Sign in with Google or Sign in with Apple. We do not offer email/password registration.

When you create an account, you agree to provide accurate and current information, maintain the security of your authentication credentials, notify us immediately of any unauthorized access to your account, and accept responsibility for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

4. Free Trial and Subscription

New users receive a free trial that includes 5 fish weight estimations within a 14-day period. The free trial does not require account creation — you can use the App's core estimation feature without signing in.

After the free trial period expires or after you have used all 5 free estimations (whichever comes first), continued use of the estimation feature requires a paid subscription. Subscription terms, pricing, and billing are managed through the Apple App Store or Google Play Store, depending on your device platform.

You may cancel your subscription at any time through your device's app store settings. Cancellation takes effect at the end of the current billing period. We do not offer prorated refunds for partial billing periods. Refund requests must be directed to Apple or Google, as they process all subscription payments.

5. AI Weight Estimation — Disclaimer of Accuracy

The App provides AI-generated estimates only. The weight, length, and girth values produced by the App are approximations generated by artificial intelligence based on photographic analysis. They are not certified measurements and should not be treated as exact.

You expressly acknowledge and agree that:

• AI estimates may vary in accuracy depending on photo quality, angle, lighting, fish positioning, and other factors
• The App displays a confidence indicator and weight range to help you interpret results, but these are also estimates
• Estimates are not a substitute for a physical scale, measuring tape, or certified weigh-in
• We do not guarantee any specific level of accuracy for any individual estimation

5.1 Tournament and Competitive Fishing

FishProof estimates are not approved for use in fishing tournaments, derbies, or competitive events unless the specific event's rules explicitly permit AI-based or photographic weight estimation. It is your sole responsibility to verify whether your tournament or event accepts FishProof estimates before relying on them. We accept no liability for disqualification, disputes, or penalties arising from the use of our estimates in competitive settings.

5.2 Regulatory Compliance

FishProof estimates should not be used as the sole basis for determining compliance with fishing regulations, including but not limited to slot limits, size limits, bag limits, or species identification requirements. Always verify current regulations with your state wildlife agency or relevant regulatory authority. We are not responsible for any fines, penalties, or legal consequences resulting from reliance on App estimates for regulatory compliance.

6. User Content and Intellectual Property

6.1 Your Content

You retain full ownership of all photographs and content you submit through the App. By uploading a photo to the App, you grant us a limited, non-exclusive, royalty-free license to store the photo on our servers for the purpose of providing the estimation service, process the photo through our AI model, generate and store a compressed thumbnail for display purposes, and retain the photo in your catch history and Trophy Room. This license exists solely to operate the App and provide its features to you. We will not use your photos for marketing, advertising, or any purpose unrelated to App functionality without your explicit consent.

6.2 Our Content

All content, features, and functionality of the App — including but not limited to the AI models, algorithms, software code, user interface design, graphics, logos, icons, species database, and text — are owned by Morton Brands LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App or its content without our prior written permission.

6.3 Watermarked Images

The App generates watermarked images of your catch that include the FishProof logo, species name, estimated weight, and other catch details. You are free to share these watermarked images on social media, messaging apps, or any other platform. The FishProof watermark must remain intact and unaltered when sharing. You may not use watermarked images for commercial purposes without our written consent.

7. Prohibited Uses

You agree not to:

• Use the App for any illegal purpose or in violation of any applicable laws or regulations
• Upload content that is obscene, offensive, threatening, defamatory, or that infringes on the rights of others
• Attempt to reverse-engineer, decompile, disassemble, or otherwise extract the source code of the App or its AI models
• Interfere with or disrupt the App's servers, networks, or infrastructure
• Use automated scripts, bots, or scrapers to access the App or extract data
• Create multiple accounts to circumvent the free trial limitation
• Misrepresent AI-generated estimates as certified or official measurements
• Remove, alter, or obscure the FishProof watermark from generated images
• Use the App to facilitate poaching, illegal fishing, or violation of wildlife regulations

8. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal information. By using the App, you consent to the data practices described in the Privacy Policy.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL MORTON BRANDS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Morton Brands LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the App, your violation of these Terms, your violation of any applicable law or regulation, your reliance on AI-generated estimates for tournament, regulatory, or commercial purposes, or any content you submit through the App.

11. Account Deletion

You may delete your account at any time through the App by navigating to Settings > Delete My Account. Account deletion is a two-step process requiring confirmation. Upon deletion, all your personal data, fish photographs, and catch history will be permanently removed from our servers as described in our Privacy Policy. Account deletion is irreversible.

12. Dispute Resolution

12.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in Charlotte, North Carolina, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.2 Class Action Waiver

YOU AND MORTON BRANDS LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

12.3 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina.

14. General Provisions

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Morton Brands LLC regarding your use of the App and supersede all prior agreements, understandings, and communications.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.

Notices. We may provide notices to you through the App, by email to the address associated with your account, or by other reasonable means. You may provide notices to us at the email address listed in Section 15.

15. Contact Us

If you have questions, concerns, or disputes regarding these Terms, please contact us at:

16. Summary of Key Terms

The following table summarizes the key provisions of these Terms for quick reference. This summary is provided for convenience only and does not modify or replace the full Terms above.

These Terms of Service were prepared for FishProof, a product of Morton Brands LLC, and are specific to the App's features and functionality as of the date listed above. We recommend consulting with a licensed attorney before finalizing these Terms for commercial use.