Terms of Service

Welcome to Lobsterly. These Terms of Service ("Terms") govern your access to and use of the LOBSTERLY mobile application (the "App") and any related services provided by LOBSTERLY LLC ("we," "us," or "our"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. License to Use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use one copy of the App on a personal mobile device that you own or control, solely for your personal, non-commercial purposes, strictly in accordance with these Terms.

2. Restrictions on Use

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, or otherwise commercially exploit the App.
• Modify, decompile, reverse-engineer, disassemble, or attempt to derive the source code of the App.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of LOBSTERLY LLC or its affiliates, partners, or licensors.
• Use the App for any unlawful purpose or in any way that violates local, state, national, or international law.

3. Accounts and In-App Purchases

Account Creation: To access certain features, you must create an account using your email address. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

Purchases: The App may offer features available through an in-app purchase, including a one time purchase of premium waypoints ("Premium Features"). All payments are processed through the Apple App Store or Google Play Store, from which you originally downloaded the App, and are subject to their terms and conditions. One-time purchases are managed by the App Store or Google Play Store and can be restored on any device using the same Apple ID or Google Account that made the original purchase.

4. Data Stored On Your Device

To provide you with a private and offline-first experience, certain data you create, including your "Favorite Spots" and "My Waypoints," is stored exclusively on your local device. We do not access, transmit, or back up this information on our servers. This data remains under your control and is not covered by the security measures we apply to server-side data. Take appropriate steps to back it up as necessary in case your device is lost, damaged, or stolen.

5. Intellectual Property

The App and its original content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design and arrangement thereof) are owned by LOBSTERLY LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property laws.

6. Privacy Policy

Your use of the App is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy.

7. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LOBSTERLY LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOBSTERLY LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF DATA, ARISING FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APP. THE APP IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR NAVIGATIONAL PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR THE SAFE OPERATION OF YOUR VESSEL.

9. Termination

We may, in our sole discretion, terminate or suspend your account and access to the App immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the App will immediately cease. You may terminate these Terms at any time by uninstalling the App from your device.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.

11. Changes to These Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms.

12. Dispute Resolution

Any dispute arising from these Terms or your use of the App will be resolved through binding arbitration conducted in Florida, rather than in court, except that you may assert claims in small claims court if your claims qualify. By agreeing to these Terms, you and LOBSTERLY LLC are each waiving the right to a trial by jury or to participate in a class action.

13. Contact Us

If you have any questions about these Terms, please contact us at hello@lobsterly.co.

LOBSTERLY LLC is a company registered in the State of Florida, USA.