Pro Angler Terms of Service and Website Terms of Use

Effective Date: October 1, 2024

Please read these Terms of Service and Website Terms of Use (“Agreement”, “Terms”) carefully before using the Pro Angler Fishing App (“App”) or the website located at proangler.us (“Website”), both operated by Open Ocean Apps Inc. (“Company”, “we”, “us”, or “our”). The App is available for download at Apple App Store and Google Play Store. By accessing or using the App, the Website, or any services provided through either platform, including but not limited to browsing, downloading, submitting content, or using any features or communications tools, you agree to be bound by these Terms. This applies whether or not you create an account or register with the App. If you do not agree, you may not access or use the App, the Website, or related services.

1. Eligibility

You must be at least the age of majority in your jurisdiction to use the App or Services. By using the App, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.

2. SMS Consent and Campaign Disclosure

Open Ocean Apps Inc. (Angler) may offer SMS messaging services (“Text Services”) to provide information or marketing content related to the Pro Angler platform. By opting into SMS services, you consent to receive recurring text messages from us. Message frequency may vary. Message and data rates may apply. Reply STOP to cancel, or HELP for assistance. Carriers are not liable for delayed or undelivered messages. Any dispute related to such services is governed by our Dispute Resolution policy. In certain cases, we may receive your phone number through lawful third-party data sources. We only use such information in compliance with applicable laws to send limited, non-promotional service-related messages. If we wish to send you marketing or promotional text messages, we will first request your express written consent, which may include asking you to reply “Y”.

3. Intellectual Property

All content within the App, including but not limited to text, images, logos, features, and functionality, is the property of Open Ocean Apps Inc. and protected by international intellectual property laws. No content may be copied, reproduced, or redistributed without our express written permission.

4. Termination

We may suspend or terminate your access to the App at any time, without notice or liability, for any reason. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to intellectual property, warranty disclaimers, indemnity, and limitations of liability.

5. Links to Third-Party Sites

Our App may contain links to third-party websites or services that are not owned or controlled by Open Ocean Apps Inc. We are not responsible for the content, privacy policies, or practices of any third-party websites and strongly recommend reviewing their terms and privacy policies.

6. Governing Law and Dispute Resolution

(a) Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Any disputes shall be adjudicated in Ontario, Canada, unless otherwise required by applicable consumer protection law.

(b) Arbitration Agreement and Class Action Waiver

To the fullest extent permitted by law, any dispute, claim, or controversy arising from or relating to these Terms or your use of the App or Services (“Disputes”) shall be resolved exclusively by final and binding arbitration. Arbitration shall be administered by:

The American Arbitration Association (AAA) under its Consumer Arbitration Rules for users in the United States; or
The ADR Institute of Canada (ADRIC) for users in Canada.

The arbitration shall be conducted on an individual basis and not as a class, collective, or representative proceeding.

(c) Class Action Waiver

You and Open Ocean Apps Inc. waive any right to a jury trial or to participate in a class action or class arbitration. All Disputes must be brought individually.

(d) Exceptions

Nothing in this section shall prevent either party from:

Filing a claim in small claims court where permitted; or
Seeking relief from relevant regulatory or governmental bodies.

(e) Opt-Out Option

You may opt out of this Arbitration Agreement by sending written notice to legal@proangler.us within 30 days of your first acceptance of these Terms. Your notice must include your name, mailing address, and the email address you used to register your account.

7. Changes to Terms

We reserve the right to modify these Terms at any time. Updated versions will be posted in the App and on our website with the “Effective Date” updated accordingly. Your continued use of the App after changes are posted constitutes acceptance of the revised Terms. By continuing to use this App or Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.

8. Contact Us

If you have any questions about these Terms, please contact us at: legal@proangler.us

9. Payment

The Live Action Premium Unlimited In App Purchase is free for 14 days, then $34.99 every 3 months after the trial. You can also upgrade without a trial for $9.99 for 1 month, $20.99 for 3 months, $39.99 for 6 months, or $59.99 for 1 year. Payment will be charged to your iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and will identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

10. User Conduct and Acceptable Use

You agree to use the App and Website in a lawful, respectful, and responsible manner. You must not: Use the App or Website for any unlawful purpose or in violation of any applicable laws or regulations; Post, upload, or transmit any content that is offensive, defamatory, obscene, or otherwise objectionable; Attempt to gain unauthorized access to any other user’s account or to any part of our systems or networks; Interfere with or disrupt the security or performance of the App or Website; Reverse engineer, decompile, or disassemble any portion of the App or Website; Use automated scripts or bots to access, scrape, or interact with the App or Website without prior written permission. Violation of this section may result in suspension or termination of your access to the App, Website, or Services, at our sole discretion.