Terms of Service

Effective Date: February 22, 2026

These Terms of Service (“Terms”) govern your access to and use of the Spearcast mobile application, website, and related services (the “Service”) operated by Spearcast LLC (“Spearcast,” “we,” “us,” or “our”).

By creating an account or using the Service, you agree to these Terms.

If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service.

If you are under 18, you must have permission from a parent or legal guardian.

You represent that you have the legal capacity to enter into these Terms.

2. Description of Service

Spearcast provides:

  • Dive logging tools

  • Environmental condition enrichment (e.g., tides, weather, sunrise/sunset)

  • Data visualization tools

  • Subscription-based feature upgrades

Spearcast does not provide safety advice, navigation services, professional instruction, or guarantees of fishing success.

3. Account Registration

To use certain features, you must create an account.

You agree to:

  • Provide accurate information

  • Maintain the security of your account

  • Be responsible for all activity under your account


We reserve the right to suspend or terminate accounts that violate these Terms.


4. User Content

You retain ownership of content you submit, including:

  • Dive logs

  • Dive sites

  • Notes

  • Location data

  • Harvest/catch records

  • Photos and Videos (if added)

By submitting content, you grant Spearcast a non-exclusive, worldwide, royalty-free license to:

  • Store

  • Process

  • Display

  • Analyze (internally)

  • Improve the Service

  • We do not sell your individual dive data (dive sites, dive logs, observations)

  • We do not sell your individual fish species or dive site analysis/correlative data

You are responsible for ensuring you have the right to upload any content you submit.

5. Environmental and Forecast Data Disclaimer

Environmental data provided through the Service (including tide data, weather data, sunrise/sunset times, and related information):

  • Is sourced from third-party providers

  • May contain inaccuracies

  • Is provided for informational purposes only

  • Spearcast does not guarantee accuracy or completeness.

You are solely responsible for:

  • Dive planning

  • Safety decisions

  • Compliance with laws and regulations

  • Use the Service at your own risk.

6. Safety Disclaimer

Spearfishing and diving are inherently dangerous activities. You assume full responsibility for your activities.

Always dive with a knowledgeable and capable dive buddy. Always dive within your own limits. Never dive alone.

Spearcast:

  • Is not responsible for accidents, injuries, or death

  • Does not monitor your dives

  • Does not provide emergency services

7. Prohibited Conduct

You agree not to:

  • Use the Service for unlawful purposes

  • Attempt to hack or disrupt the Service

  • Reverse engineer the software

  • Scrape or extract data at scale

  • Impersonate another person

  • Upload malicious content

We may suspend or terminate access for violations.

8. Subscriptions and Payments

Some features may require a paid subscription.

If purchased through Apple App Store or Google Play:

  • Payments are processed by the respective platform

  • Subscription terms are governed by their billing policies

  • Cancellation must be handled through the platform

  • We may change pricing with reasonable notice.

9. Intellectual Property

All Service content (excluding user content), including:

  • Software

  • Logos

  • Branding

  • Interface design

  • Text and graphics

  • Analysis tools and terms

Is owned by Spearcast LLC and protected by intellectual property laws.

You may not reproduce or redistribute without permission.

10. Termination

We may suspend or terminate your account if:

  1. You violate these Terms

  2. We are required by law

  3. The Service is discontinued

You may delete your account at any time.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

We disclaim all warranties, express or implied, including:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

We do not guarantee uninterrupted or error-free operation.

12. Limitation of Liability

To the maximum extent permitted by law:

Spearcast LLC shall not be liable for:

  • Indirect, incidental, special, or consequential damages

  • Loss of profits

  • Loss of data

  • Personal injury

  • Property damage

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless Spearcast LLC from claims arising out of:

  • Your use of the Service

  • Your content

  • Your violation of these Terms

  • Your violation of any law or third-party rights

14. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. If Spearcast relocates or restructures, governing law may be updated accordingly.

15. Changes to Terms

We may update these Terms from time to time.

Continued use of the Service after updates constitutes acceptance.

16. Arbitration Agreement & Class Action Waiver

A. Agreement to Arbitrate

Except for disputes eligible for small claims court, you and Spearcast LLC agree to resolve any dispute, claim, or controversy arising out of or relating to:

  • These Terms

  • The Service

  • Your use of the Service

  • through binding individual arbitration, rather than in court.

  • Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Judgment on the arbitration award may be entered in any court having jurisdiction.

B. Class Action Waiver

You agree that:

  • Claims may only be brought in your individual capacity

  • You may not participate in a class action, class arbitration, or representative proceeding

  • No arbitrator may consolidate claims or preside over a class proceeding.

C. Opt-Out Right

You may opt out of arbitration by sending written notice within 30 days of first accepting these Terms to:

support@spearcast.io

If you opt out, disputes will be resolved in court under Section 18 (Venue).

17. Venue & Jurisdiction

If arbitration does not apply, you agree that:

  • Any dispute shall be brought exclusively in the state or federal courts located in the State of California.

  • You consent to personal jurisdiction in those courts.

If Spearcast LLC relocates or reorganizes under a different jurisdiction, the venue may be updated accordingly.

18. Aggregated & Anonymized Data

Spearcast may generate:

  • Aggregated

  • De-identified

  • Statistical

  • Analytical

data derived from user activity and dive logs.

This data:

  • Will not identify individual users

  • May be used to improve the Service

  • May be used for research, performance analysis, or product development

  • May be shared in anonymized, aggregated form

  • Spearcast retains ownership of all aggregated and anonymized datasets generated through operation of the Service.


19. Commercial Operator / API Use

If you use the Service:

  • As part of a commercial operation

  • On behalf of a charter business

  • As a guide or professional operator

  • Through automated scripts or API integrationsyou agree to:

You agree to:

  • Comply with all applicable laws and licensing requirements

  • Not represent Spearcast as providing safety guarantees

  • Not resell or redistribute Service data without permission

We reserve the right to:

  • Limit, suspend, or terminate commercial use

  • Offer separate commercial agreements where appropriate

  • Unauthorized scraping, bulk extraction, or automated harvesting of data is prohibited.


20. User Profiles, Skill Claims, and Buddy Matching Disclaimer

The Service may allow users to create profiles, share experience levels, describe diving capabilities, and connect with other users for diving activities (“User Interactions”).

Spearcast does not:

  • Verify user identities

  • Verify certifications or training

  • Confirm claimed depth limits or experience levels

  • Conduct background checks

  • Monitor or supervise real-world activities

  • Any information shared in user profiles, including claimed certifications, dive depth capabilities, experience, or equipment, is self-reported and may be inaccurate, incomplete, or false.

You are solely responsible for:

  • Independently verifying the qualifications, training, and experience of any dive partner

  • Assessing the safety and appropriateness of any dive plan

  • Making your own safety decisions

  • Spearcast does not recommend, endorse, or guarantee the suitability, safety, reliability, or qualifications of any user.

  • Any offline meeting, dive, or activity arranged through the Service is undertaken entirely at your own risk.

Spearcast shall not be liable for:

  • Injury

  • Death

  • Property damage

  • Misrepresentation by another user

  • Negligence or misconduct of any user

You assume full responsibility for all interactions with other users, whether online or offline.

You acknowledge that diving and spearfishing are inherently dangerous activities and that reliance on another user’s representations may result in serious injury or death.

21. Contact

Spearcast LLC
PO Box 123-33883

San Diego, CA 92110

Email: support@spearcast.io