These Terms of Service ("Terms") govern your access to and use of the FishDuel platform, website, and all associated services (collectively, the "Service"), operated by FishDuel ("FishDuel," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. These Terms are incorporated with and should be read alongside our Privacy Policy.
About the Service
FishDuel is a digital competitive fishing platform. We do not currently sell physical goods, though future expansion may include branded merchandise, third-party product listings, sponsored content, affiliate partnerships, and advertising. Current services include:
- Free waitlist registration for early access and launch updates.
- A $1.00 one-time founding access fee to secure a discounted membership rate via Stripe.
- Paid monthly memberships (Angler, Pro, Elite) beginning at or after platform launch.
- Platform features: catch logging, photo verification, GPS tagging, leaderboards, crew management, and tournament participation.
Eligibility
- You must be at least 13 years old to use the Service.
- If you are under 18, you may only use the Service with the consent and supervision of a parent or legal guardian.
- By using the Service, you represent that all information you provide is accurate and that you have the legal capacity to enter into these Terms.
Account Registration and Responsibilities
- You must provide accurate, complete, and current information when creating an account.
- You are responsible for maintaining the confidentiality of your login credentials.
- You may not share your account with any other person.
- Notify FishDuel immediately at [email protected] if you suspect unauthorized access to your account.
- FishDuel reserves the right to suspend or terminate accounts that violate these Terms, at our sole discretion and without prior notice.
Payment Terms
To secure a discounted Founding Member rate, users pay a $1.00 one-time non-refundable founding access fee via Stripe. By completing this payment, you agree that:
- The $1.00 fee is charged immediately upon checkout and is non-refundable except where required by applicable law.
- This payment is not a subscription charge. No recurring billing occurs at the time of this transaction.
- Your payment method is securely stored by Stripe on our behalf for future subscription billing at launch.
- You expressly authorize FishDuel and Stripe to charge your stored payment method $14.99/month (Founding Member Rate) beginning at or after the official platform launch, with at least 7 days advance email notice before the first recurring charge.
- You acknowledge that these charges are recurring and will continue until you cancel your membership.
- Free — Basic access, catch logging, open challenge participation.
- Angler — $12.99/month. Create 1 crew, local tournament access, priority leaderboard placement.
- Pro — $24.99/month ($14.99/month for Founding Members). Up to 3 crews, regional tournaments, no entry fee cap, advanced analytics.
- Elite — $49.99/month. Unlimited crews, elite league access, featured badge, global season trial entry.
- Founding Members may receive a single-use promo code granting one friend access to the Founding Member rate at launch.
- Codes are non-transferable, have no cash value, and may not be applied to existing subscriptions.
- FishDuel may revoke or expire codes at any time without notice.
- Codes expire upon public launch or at FishDuel's sole discretion, whichever comes first.
- Subscriptions renew automatically on the same date each month unless cancelled.
- Cancellations must be submitted at least 48 hours before the next billing date to avoid the upcoming charge.
- Membership access continues through the end of the paid billing period after cancellation.
- Cancellation of a Founding Member subscription permanently forfeits the discounted rate. Reinstatement is subject to standard pricing.
All payments to FishDuel are final and non-refundable except where required by applicable law. This includes the $1.00 founding access fee and all subscription charges. If you believe a charge was made in error, contact [email protected] before initiating any chargeback or dispute. FishDuel will investigate and respond within 5 business days. Initiating a chargeback without first contacting FishDuel may result in account termination and may be reported to Stripe's risk systems.
All payments are processed by Stripe, Inc. FishDuel does not store your full card number or any sensitive payment credentials. By paying through FishDuel, you also agree to Stripe's Terms of Service. See our Privacy Policy Section 5 for full payment data details.
User Conduct and Acceptable Use
You agree not to:
- Submit false, fabricated, or unverified catch data, measurements, or photos.
- Manipulate leaderboards, rankings, or tournament outcomes through dishonest means, including bots, scripts, or automated tools.
- Harass, threaten, defame, or abuse other users or FishDuel staff.
- Attempt to gain unauthorized access to any part of the Service, other user accounts, or FishDuel's infrastructure.
- Upload malware, viruses, or any harmful code.
- Use the Service to violate any applicable local, state, federal, or international law or regulation.
- Create multiple accounts to circumvent bans or restrictions.
- Scrape, crawl, or data-mine the Service without FishDuel's written consent.
Violations may result in immediate suspension or permanent termination without refund.
Catch Verification and Competition Integrity
- By submitting a catch, you certify it is genuine, occurred during the stated time period, and that all submitted data and photos are accurate and unaltered.
- You certify compliance with all applicable local, state, and federal fishing regulations in your jurisdiction, including licensing requirements.
- FishDuel reserves the right to disqualify any submission suspected of fraud or manipulation. Disqualification decisions are final and at FishDuel's sole discretion.
- FishDuel is not responsible for verifying the legal compliance of individual catches. That responsibility rests solely with the user.
Tournaments and Prize Pools
- Tournament details, entry fees, and prize structures are specific to each event and published within the platform.
- FishDuel reserves the right to modify, cancel, or postpone tournaments at any time.
- Prize winners must comply with any verification requirements before prizes are distributed.
- Winners are solely responsible for reporting and paying any applicable taxes on prizes received.
- Prize pools are funded through entry fees and sponsorships. FishDuel does not guarantee specific prize amounts until a tournament is officially confirmed.
- FishDuel is not liable for disputes between participants. All tournament decisions by FishDuel are final.
Intellectual Property
All content, branding, logos, designs, software, code, and platform features associated with FishDuel are the exclusive intellectual property of FishDuel and its founders. You may not reproduce, distribute, modify, or create derivative works without prior written consent.
By submitting catch photos, catch data, profile content, or any other user-generated content to the Service, you grant FishDuel a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, display, reproduce, distribute, and promote that content in connection with the Service, including in marketing materials. You retain ownership of your content and represent that you own or have the right to submit it.
Any feedback, suggestions, or ideas you provide to FishDuel may be used by FishDuel without restriction or compensation.
Advertising, Sponsorships, and Affiliate Partnerships
- FishDuel may display advertisements, sponsored content, or promoted listings on the platform. Sponsored content will be clearly labeled.
- FishDuel may enter into affiliate partnerships and earn commissions when users click affiliate links or purchase products through them. Affiliate relationships will be disclosed in accordance with FTC guidelines.
- FishDuel may partner with fishing brands or sponsors for branded tournaments, sponsored challenges, or co-branded promotions. Such partnerships do not constitute an endorsement of the sponsor's products by individual users.
- Users may opt out of personalized advertising where such controls are made available.
E-Commerce and Physical Products (Future)
FishDuel may in the future offer branded merchandise, third-party fishing products, and a marketplace for equipment and gear. When launched, the following terms will apply:
- All product purchases are final unless the product arrives damaged, defective, or materially different from its description.
- Shipping timelines are estimates. FishDuel is not liable for carrier delays beyond our control.
- Third-party products listed on the platform are sold by independent vendors. FishDuel does not warrant third-party product quality, safety, or compliance. Disputes regarding third-party products must be resolved with the vendor directly.
- FishDuel is not responsible for customs, duties, or import taxes on international orders.
Privacy
Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FISHDUEL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FISHDUEL IS NOT RESPONSIBLE FOR USER-GENERATED CONTENT, THE CONDUCT OF OTHER USERS, OR ANY THIRD-PARTY PRODUCTS OR SERVICES LINKED TO OR PROMOTED ON THE PLATFORM.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FISHDUEL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL FISHDUEL'S TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO FISHDUEL IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) $100.00 USD.
Indemnification
You agree to indemnify, defend, and hold harmless FishDuel and its founders, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your content submitted to the platform; (d) your violation of any applicable law or third-party right; or (e) any dispute between you and another user.
Dispute Resolution
Before initiating any formal legal action, contact FishDuel at [email protected] and attempt to resolve the dispute informally. We will respond within 10 business days.
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law provisions. Legal action must be brought exclusively in the state or federal courts located in Florida.
TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST FISHDUEL.
Termination
- FishDuel reserves the right to suspend or permanently terminate your account at any time, with or without cause, and with or without notice.
- You may terminate your account by contacting [email protected]. Termination does not entitle you to a refund of any fees paid.
- Upon termination, your right to use the Service ceases immediately. Sections 8, 11, 12, 13, 14, and 15 survive termination.
Modifications to Terms
FishDuel reserves the right to update these Terms at any time. For material changes, we will email you and post a notice on fishduel.net at least 14 days before changes take effect. Continued use of the Service after changes constitutes acceptance.
Miscellaneous
- Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and FishDuel regarding the Service.
- Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
- No Waiver: FishDuel's failure to enforce any provision shall not constitute a waiver.
- Assignment: FishDuel may assign these Terms without restriction. You may not assign your rights without FishDuel's written consent.