This user agreement is a binding contract that contains important terms governing our obligations to you as our customer and your use of our products and services.
What is included in this Agreement.
Angler Labs, Inc. ("Anglr") designs and develops innovative, powerful tools and services that help anglers track, store and analyze their fishing trips and share and receive information in a community of anglers. This User Agreement ("Agreement") is an agreement solely between you and Anglr. It governs your use of our trip-tracking devices, mobile applications, websites, online community and other products and services we provide. In this Agreement, we refer to these products and services collectively as the "Anglr Services," and the terms "we", "us" and "our" refer to Anglr. Please note that the section headings and summaries or blurbs are just tools to help organize and highlight this Agreement; they are not part of the Agreement itself.
We provide the Anglr Services only under this Agreement. By clicking on the "agree" or "accept" button, or by using or accessing any Anglr Services, you agree to the terms and conditions in this Agreement. If you do not accept this Agreement, please do not use or access any Anglr Services.
Changes to this Agreement
This Agreement will be updated from time to time.
We update this Agreement from time to time to reflect changes in our technology, our business, the law, and tools and technologies that we or our users or partners use in connection with the Anglr Services. We post the latest version of this Agreement at our website Anglr.tech/Terms along with a brief description of any major changes since the last version. By continuing to use Anglr Services, you agree that the changes we have made to this Agreement apply to you.
User Accounts and Registration
You must sign up if you want to use Anglr products and services.
You must be at least 13 years old to use the online parts of the Anglr Services. If you are at least 13 years old but less than 18 years old, please make sure your parent or guardian reads this Agreement and agrees to set up a user account for you, otherwise, you may not use the online parts of the Anglr Services.
You agree to let us know right away of any unauthorized access to your account or login information. We cannot be responsible for any activities of anyone who has fraudulently accessed your account or any other fraudulent behavior by third parties.
It is important that we be able to reach you to provide information about your account or notices about the Anglr Services you use. You agree that we may send you these types of communications, and you agree to keep your account information accurate, complete, and up-to-date.
In your account settings, you may elect to receive or not receive other types of communications. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
License to Use the Anglr Services
The Anglr Services are for your personal use under this Agreement. Here are the details of our license grant to you.
The Anglr Services are for your personal use under this Agreement. If you want to use them for business purposes, please contact us, and we will be happy to discuss entering into a separate, business Agreement with you.
You may use the Anglr Services in connection with your personal fishing activities and social networking related to personal fishing activities. Unless you have a separate, written agreement with Anglr that says otherwise, you agree not to use the Anglr Services for business or any other, non-personal purpose. Specifically (and technically), Anglr grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to:
- Access and view content provided by Angler and, to the extent shared by them, other Angler users;
- Access and use the software and mobile applications made available by Anglr as part of the Anglr Services solely on devices owned or controlled by you and for which the software or mobile applications are intended; and
- Use the software that is built into your Anglr hardware devices, such as the Anglr tracker.
The license to use our products and services has some limitations and restrictions.
Our license to you is intended to allow you to use and benefit from the Anglr Services, but it is not unlimited. You agree not to do (or help others to do) the following:
- Access the Anglr Services other than through your own user account using hardware and software provided, authorized or approved by Anglr;
- Access or tamper with non-public areas of the Anglr Services and systems, including any services or systems of our technology partners or providers;
- Disable, hack, work around, or otherwise attempt to override or vulnerability-test any security measures associated with the Anglr Services;
- Access, copy, modify, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of any software provided by Anglr;
- Export any Anglr Services to, or use any Anglr Services in, any country that the U.S. government considers to be a terrorist-supporting country or against which the U.S. government has imposed an embargo;
- Reproduce, mirror, frame or otherwise misappropriate any part of the Anglr Services or any intellectual property or other materials or content owned or licensed by Anglr or other Anglr users; and
- Use the Anglr Services in any manner not expressly permitted by this Agreement.
Some types of license restrictions are not allowed by applicable law. Where that is the case, our restrictions should be interpreted to the fullest extent allowed by applicable law.
Anglr Services works with your other technology, like your mobile phone.
To use the Anglr Services, you need a mobile device or computer that meets certain technical requirements. For example, the Anglr tracker communicates with mobile devices using Bluetooth 4.1 and higher technology. Anglr Services will run on Android devices 4.1 and higher and iOS 9 and higher. The performance of your equipment or services from third parties, such as cellular or internet service, may affect the performance of the Anglr Services.
Your Content and Your Activities Using the Anglr Services
Please be a good Anglr citizen. We give you full control of the how and what content you choose to share. We will not share Your Content without your consent.
Some parts of the Anglr Services include the ability for you and only you to share your items and information ("Your Content") with other anglers who use the Anglr Services or with others through social media services not related to Anglr. This may include posts in chat rooms, pictures, user profiles, comments, drop pins, suggestions and other information you or others choose to share. You control of this type of sharing.
If and whenever you use the Anglr Services to post Your Content or comment on or otherwise interact with Anglr or other Anglr users or other social media users, you agree that:
- You are responsible for Your Content. By posting Your Content, you promise that you own or have all the rights legally required for you to post Your Content.
- You are granting a limited license to Anglr for Your Content. Specifically (and technically), you grant Anglr a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content, but only in connection with operating and providing the Anglr Services. You still have all the rights in Your Content that you started with.
You are promising that Your Content, and the posting and use of Your Content on the Anglr Services will not:
- Be deceptive, misleading or fraudulent;
- Be pornographic, offensive, vulgar or obscene;
- Be defamatory, abusive or threatening;
- Suggest or encourage violence, bigotry, hatred, harassment or harm against anyone;
- Suggest or encourage illegal or harmful activities; or
- Violate or take improperly anyone's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
In keeping with the personal nature of the license granted to you, you agree not to post, advertise, or promote products or services or solicit other Anglr users using the Anglr Services.
Some users may provide their contact information to other users. We cannot be responsible for the content of communications sent to you by other users or from third parties. If you receive contact information from other users, you agree not to send unwanted communications, email "spam" or other content that would be in violation of this Agreement if posted directly to the Anglr Services.
We may monitor any access or use of the Anglr Services and any content, including Your Content, to confirm compliance with this Agreement or applicable law. We may disclose unlawful conduct to the applicable authorities, and we may cooperate with law enforcement if asked to do so. We may remove any content, including Your Content, or disable access to the Anglr Services or suspend the Anglr Services at any time, if we determine in our sole discretion that any content, or Your Content, or any activities associated with your account are illegal, objectionable or in violation of this Agreement.
You are solely responsible for backing up any materials that you post as Your Content. Of course we backup our data, but we have no legal obligation to backup Your Content, and if you or we terminate, disable or delete your account under this Agreement, we will have no obligation to provide you with any copies of Your Content.
A brief word about intellectual property
The Anglr Services and all information, materials, other content and technology included in or made available through the Anglr Services are owned by Anglr or its licencors and are protected by intellectual property laws in the United States and other countries. You agree not to remove or tamper with any intellectual property notices (such as copyright and trademark or other, similar notices) in the Anglr Services. You also agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit all or any part of the Anglr Services except as permitted in this Agreement.
This Agreement contains specific licenses expressly granted to you. No other licenses (such as implied licenses) or other rights are granted under this Agreement.
Changes to the Anglr Services
We are always working to improve our products and services
We may change, add to, suspend or terminate any part of the Anglr Services at any time without notice and without liability to you or any third party for doing so. We may provide updates to the Anglr Services at any time, and such updates may be automatically downloaded and installed by your Anglr device(s) or your computer or mobile device without notice.
Your Feedback and Suggestions
Thank you in advance for your feedback
We are grateful for your feedback, especially when we are "beta" testing one of our products or services. But we must be very clear that unless you have a separate, written agreement with us that specifies otherwise, you agree that any suggestions, comments, ideas, or feedback you provide to us will automatically be owned by us to use however we wish, without any restriction or compensation to you.
If you object to this policy, we understand, but then please do not send us any suggestions, comments, ideas or feedback, and please do not participate in any of our "beta" programs.
Copyright Infringement and the Digital Millennium Copyright Act (the "DMCA")
A bit more about copyrights infringement in particular
Since part of the Anglr Services includes social media, we need to include here a separate section about copyright law.
We may disable or terminate the accounts of users who repeatedly infringe the copyrights of others.
If you believe that any material available through the Anglr Services infringes on your copyrights, you may report the alleged infringement by providing certain information to us as specified below.
When we receive a complete and valid notice, we will take the action that we think is appropriate, including removal of the infringing material. We may notify the user who provided the infringing material so that he or she can respond to the notice.
Please note that if you materially misrepresent that something is infringing, you could be liable for damages under section 512(f) of the Digital Millennium Copyright Act or similar laws in other jurisdictions or countries. The full text of the DMCA can be found here: (http://www.copyright.gov).
A complete and valid infringement notice must meet the following requirements:
- Identify your infringed copyrighted work(s).
- Identify the material that you believe is infringing your copyrighted work(s) and that is to be removed or made inaccessible.
- Provide information sufficient to permit us to locate the material, including, if applicable, the URL of the site(s) where the material may be found.
- Provide your mailing address, telephone number and email address. (Note that we may provide your contact information to the person who posted the material you are reporting.)
- A statement that you have a good faith belief that the disputed use of the copyrighted material 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 the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
- Your full legal name and your electronic or physical signature.
Please deliver the completed notice to Angler Labs, Inc. Legal Department, PO BOX 11147,Pittsburgh, PA, 15237.
Warranties and Disclaimers
If you purchased an Anglr device from us or through a retailer, your Anglr device is subject to the warranty described on the packaging or in the materials that came with the device or applicable purchase order or terms of sale.
Except for any specific warranties in this Agreement or included in the materials that came with your Anglr device, the Anglr Services (including ALL "beta" versions of any Anglr product or service) are provided "as is," without any warranty of any kind. We explicitly disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement and all warranties arising out of "course of dealing" or "usage of trade."
You understand that some functions and information incorporated into or used or accessed by the Anglr Services depends on other sources, such as your mobile telephone, internet or cellular service providers, map or weather service providers or other users.
We cannot and do not warrant that the Anglr Services will meet your requirements or be available to you on an uninterrupted, secure or error-free basis. We also cannot and do not make any warranties regarding the quality, accuracy, completeness or reliability of the Anglr Services or any content made available through the Anglr Services.
Term and Termination
In case we part ways, here are the details about termination
You may use the basic, free version of the Anglr app, and other apps or software that Anglr makes available for free, for as long as you like, unless we have to terminate your permission to do so because of a breach of this Agreement by you. The basic, free version or free access to Anglr products does not generally include all of the features available to premium users.
If you are a premium user, you may use the premium version or access premium features of the Anglr Services for the duration of your premium subscription. For example, if you purchased an Anglr tracker that comes with access to premium features of the Anglr Services, the term of your access to the premium version or features will be as indicated on the packaging or in the material that came with your Anglr tracker. You may also purchase a subscription to the premium features of the Anglr Services directly from Anglr.
If you violate this Agreement, we have the right to disable or terminate your account with us at any time, in our sole discretion, and we will not be liable to you for doing so. We may also delete Your Content and any other information provided by you or related to your account.
Of course, you may cancel your account at any time by contacting us at [Support@Anglr.tech] and discontinuing to use the Anglr Services.
Fees and Payments
How our fees and payments work
Anglr trackers are available for purchase directly from Anglr or through other retailers for the purchase price listed on our website or listed by those retailers at their websites or posted in their stores.
The free versions of our mobile app and other web-based parts of the Anglr Services are, free. You can use them to track a limited number of fishing trips, and check out the many cool features we have to offer.
For premium Anglr Services, you agree to pay our listed fees for the duration of time selected when you signed up. You agree that we may charge your credit card and automatically renew the charge for the duration of your premium membership until you cancel. We may use a third party credit card payment processor to process any payments. Premium subscriptions to Anglr Services renew automatically, but you can always opt not to renew, and you may cancel your premium subscription at any time in your account settings area on our site. Please note that cancellations take effect at the end of the subscription period in which you cancelled. We cannot issue refunds for subscriptions. If your credit card is invalid or charged back, or if we do not receive payment when due, we may at will cancel or suspend your premium member benefits.
Links and Services from Third Parties
Depending on the particular Anglr Services you use and your user settings, the Anglr Services may contain links to products and services provided by third parties who are not under our control. We are not responsible for any third-party products or services.
Similarly, third parties are not responsible for any Anglr Services. For example, if you downloaded an Anglr app from a third-party app store, the third party has no obligations to you under this Agreement, and you have no claims against the third party under this Agreement. Specifically, the third party has no obligations to provide any maintenance or support for any Anglr Services, and you have no claims relating to maintenance or support, warranties, intellectual property infringement, legal or regulatory requirements, or consumer protection laws under this Agreement. But the third party and its affiliates are "third-party beneficiaries" of this Agreement, which means that they can enforce the terms of this Agreement against you. The third party may also have terms and conditions that apply to your use of its app store. Those terms and conditions are between you and the third party and are not part of this Agreement.
Choice of Law and Dispute Resolution
Ground rules, in the unlikely case we have a dispute
Any disputes between us relating to this Agreement or the Anglr Services shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts-of- laws principles.
If we are unable to resolve any dispute between us on our own, you agree that all disputes between us (except as set forth below) shall be resolved through binding arbitration under the arbitration rules of the America Arbitration Association ("AAA") in front of a single arbitrator in Allegheny County, Pennsylvania. The arbitrator will follow the AAA's Commercial Arbitration Rules and Supplemental Procedures for Consumer Related Disputes.
Exceptions: You or Anglr may request injunctive relief from any court having jurisdiction in connection with matters relating to fees or intellectual property.v
You agree that you may only resolve disputes with us on an individual basis and will not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
If our arbitration provision is found not apply, then claims relating to this Agreement will be brought in the federal or state courts of Allegheny County, Pennsylvania, and you and we consent to the venue and personal jurisdiction of those courts. You and we agree to waive our right to a jury trial.
Limitation of Liability
Other important things we have to include
In no event shall Anglr or its licensors or personnel be liable for any damages other than "direct" damages. Damages that are not "direct" damages include damages that are sometimes referred to as incidental, special, punitive, exemplary or consequential damages, including loss of any data, goodwill or profits, service interruption, computer or device damage or system failure or the cost of substitute services arising out of or in connection with the Anglr Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and regardless of whether Anglr has been informed of the possibility of such damage.
In jurisdictions that do not allow exclusions or limitations of liability for indirect damages, the above limitation may not apply to you.
To the extent permitted by applicable law, in no event shall Anglr's total liability arising out of or in connection with this Agreement or the Anglr Services exceed the amounts you have paid for use of the Anglr Services or one hundred dollars ($100), whichever is greater.
You are responsible for what you do
You agree to indemnify and hold harmless Anglr and its personnel and representatives from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of or in any way connected with (i) Your Content, (ii) your access to or use of the Anglr Services, or (iii) your violation of any intellectual property or other rights of any third party or any applicable law. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
If we fail to exercise any of our rights under this Agreement or to enforce any provision of this Agreement, our doing so does not mean we waive any of those rights or provisions. And if we do waive a right or provision at any time, it does not mean that we will or are required to waive that right or provision at any other time.
This Agreement is personal to you, and you may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Anglr may assign or transfer this Agreement to any affiliate or in connection with any corporate reorganization, restructuring, sale of assets, merger, acquisition or similar event or transaction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices or other communications required or permitted under this Agreement shall be given by email or regular mail. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
We're in the data analytics business, not the data sales business
We are a big data fishing company built and managed by fishermen. As a big data company we analyze fishing data that creates a stronger understanding of what works and what does not. By analyzing geographical information, weather, water conditions, casting and reeling action, species information, tackle selections, and historical information, we begin to understand fishing in a whole new way. This is what makes our trip-tracking products and services such powerful tools for anglers. Get ready to catch more fish.
We unlock the power of big data to help our customers maximize their fishing intelligence and experiences.
But we don't do that by selling your private information.
We strive to protect the integrity and security of your personal data and give you the ability to control what and how you share about your fishing trips.
Angler Labs, Inc. ("Anglr") designs and develops innovative, powerful tools and services that help anglers track, store and analyze their fishing trips and share and receive information in a community of anglers.
Key Functions of Our App
To understand how we collect and use data, it helps to understand the main functions of the Anglr Services.
- Fish Mode: This function tracks fishing activities through GPS or similar technology on your mobile device, information available from other sources, such as environmental conditions, and information you enter to create a robust record of your fishing trip.
- Tackle Box: This function allows you to create, edit and log the tackle you used during a fishing trip so you can have a better understanding of successful patterns.
- Profile: This function allows you to interact with friends, view past trips and "pins," view and share catches, photos and fishing statistics. It also allows you to find and connect with other anglers and share information you choose to share.
Data we collect, and why
When you create your Anglr user account, we collect your name, email address, birthdate,telephone number, payment information, password and username. This is information that could be used to personally identify you, and is known as Personally Identifiable Information, or "PII."
PII is private. We don't sell it. We use your PII to establish and maintain your user account, reate your user profile, process payments, and communicate with you about your account.
We share it under the limited circumstances described below, under "Information We Share."
The whole point of having a fishing trip-tracking device is to track your fishing trips. We track your location throughout your fishing trips. We also track casting and reeling metrics and other movements our devices can detect, as well as time and date, environmental conditions, and other details you enable or input, such as tackle, rods, reels and lines used lures and line used, species caught, photos and "drop pins." Trip data enables us to create a private log of your entire trip for you: a trip track.
Trip tracks are private. We will never sell them. We use trip tracks to help you build an ongoing record of your fishing experiences. We use and aggregate de-personalized elements of fishing data to improve and deliver our products and services, as described below under "Information We Share."
If you choose to use the social media features of the Anglr Services, your profile information and interactions with other anglers using the Anglr Services will be stored in your account. You will always have full control of what information you share with other users about yourself and your fishing trips.
Information We Share
We collect, aggregate and analyze fishing data to create more accurate and useful statistics and forecasts for anglers. For example, we provide users with general statistics relating to trending waterways, trending fish species, trending lures and successful weather and water conditions. We provide other aggregated, non-personal information, such as the number of anglers in FishMode at a given time, or the number of fish caught over a certain time span.
We do not sell or share trip tracks, photos, drop pins or specific catch locations.
We do sell generalized consumer data to retailers and fishing equipment manufacturers. For example, we sell statistical data regarding what lures are being used the most, the success rate of those lures, what fish are being caught on those lures and on what bodies of water those lures are being used.
We also sell local and national advertising based on anglers' locations and preferences. For example, you might be offered a discount on a lure you like from a store near you. The store won't know who you are, or any of your PII, just that there is an angler nearby who might like a good deal.
We provide generalized fishing data to help improve conservation efforts and fisheries management. For example, we may supply statistical information to help state fish and game agencies better understand migration patterns, improve stocking plans, or establish regulations. We may help an agency improve its licensing and marketing programs, such as by sharing that anglers in a certain area tend to be fishing for, say, largemouth bass, while anglers in another area tend to be fishing for, say, steelhead trout.
We may share PII under the following circumstances:
- With our suppliers who help us provide the Anglr Services to you, such as email management, credit card processing, or shipping companies. Our contracts with these suppliers require them to protect confidential information.
- If we are acquired by or merge with another company or undergo some other substantial corporate change, information in our possession may be transferred. If this happens, we will notify you. Your PII will still be protected.
- If we believe that we must do so in order to comply with applicable law or a legal process, such as a warrant, subpoena or governmental request, or in order to enforce our user agreement or our intellectual property rights or the intellectual property or other rights of another user or third party.
- If we have an agreement with another company that you also have an account with, then we might coordinate with that company to show you personalized ads or offers, but only with your permission.
Changing or Deleting Data
You may change data you provide in order to keep your account accurate, or to add or remove information you have shared with others or that is part of your private trip log. You control what other users see about you. Data that you delete may still be associated with your account in our routine backups until the entire backup is deleted. And data that you keep hidden from others, such as certain details about a fishing trip, will still be part of your private trip log.
A Word About Cookies and Other Web Technologies
As you probably know, cookies are text files that are stored on your computer or mobile device when you visit a website. Our cookies remind us that you are who you are and help your browser navigate our website efficiently.
We use advertising cookies from third parties to show you ads based on your general location and your interaction with our website and other sites.
We also use data analytics services from third parties to help us understand how visitors use our site and to improve Anglr Services.
Data Location and Security
The web-based elements of the Anglr Services and Anglr data are hosted and stored by Microsoft Azure. For information about data security measures implemented by Microsoft Azure, please visit the Microsoft Trust Center at https://www.microsoft.com/en-us/TrustCenter/CloudServices/Azure.