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Terms of Service

# Terms of Service
**Marine Navigation GPS**
**Effective Date: March 1, 2026**
**Last Updated: March 1, 2026**

These Terms of Service ("Terms") govern your access to and use of the Marine Navigation GPS mobile application (the "App"), the user portal at marineng.app, and all related services (collectively, the "Services") provided by Marine Navigation GPS ("we," "us," "our," or the "Company").

By creating an account, downloading, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

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## 1. Eligibility

- You must be at least **13 years of age** to create an account and use the Services.
- If you are under 18, you represent that you have your parent or guardian's permission to use the Services.
- By creating an account, you represent that all information you provide is accurate and truthful.

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## 2. Account Registration

- You must create an account to use the App and access the User Portal.
- You are responsible for maintaining the confidentiality of your password and account.
- You are responsible for all activity that occurs under your account.
- You agree to provide accurate, current, and complete information during registration and to update it as necessary.
- One account per person. Creating multiple accounts to circumvent license limits, contest rules, or any other restrictions is prohibited and grounds for immediate account termination.

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## 3. Subscription Plans and Licensing

### 3.1 Plan Tiers
We offer the following subscription plans:

- **Free Plan** — Limited features, 1 waypoint, 1 track recording, 1 catch submission. 30-day access.
- **Annual Plan ($99/year)** — Full access to all features, unlimited waypoints, tracks, and catches. Includes offline maps.
- **Hardware Plan ($999 lifetime)** — Full access to all features with a pre-configured navigation device. Lifetime license.

### 3.2 License Terms
- Each license is tied to your account and subject to device limits.
- Free Plan: 1 device. Annual Plan: 1 device. Hardware Plan: 2 devices.
- Licenses are non-transferable unless explicitly authorized by us.
- We reserve the right to modify plan features, pricing, and availability at any time. Existing subscriptions will be honored through their current billing period.

### 3.3 Payments and Refunds
- Payments are processed by PayPal or the respective app store (Google Play / Apple App Store).
- Refund policies are governed by the payment processor's terms.
- We do not store your credit card or bank account information.

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## 4. Acceptable Use

You agree NOT to:

- Use the App while operating a vessel in an unsafe manner
- Tamper with, manipulate, or falsify GPS data, track recordings, or catch records
- Upload fraudulent, doctored, or misleading photos for catch verification
- Create false or misleading contest entries
- Attempt to reverse-engineer, decompile, or extract source code from the App
- Use automated tools, bots, or scripts to interact with the Services
- Interfere with or disrupt the Services, servers, or networks
- Use the Services for any illegal purpose
- Share your account credentials with others
- Circumvent license restrictions, device limits, or feature gates
- Harvest, scrape, or collect data from other users
- Upload malicious content, viruses, or harmful code

Violation of these terms may result in immediate account suspension or termination without refund.

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## 5. Navigation Disclaimer

**IMPORTANT: THE APP IS A NAVIGATION AID ONLY. IT IS NOT A SUBSTITUTE FOR PROPER NAVIGATION EQUIPMENT, CHARTS, OR SEAMANSHIP.**

- Map data, depth information, weather forecasts, tide predictions, and all other navigational data provided through the App are for **informational purposes only**.
- You are solely responsible for the safe operation of your vessel at all times.
- We make no guarantees about the accuracy, completeness, or timeliness of any navigational data.
- Always carry proper nautical charts, safety equipment, and communication devices as required by maritime law.
- We are not liable for any accidents, injuries, property damage, or loss arising from reliance on the App.
- GPS accuracy depends on device hardware, satellite visibility, weather conditions, and other factors outside our control.
- Offline map data may be outdated. Always verify with current official sources.

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## 6. Data Collection and Privacy

- Our collection and use of your data is governed by our [Privacy Policy](https://marinenavgps.com/privacy-policy).
- By using the Services, you consent to the data practices described in the Privacy Policy.
- **We do NOT sell your personal information to any third party.**
- **We do NOT share your data with advertisers.**
- You may delete your account and associated data at any time through the User Portal.

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## 7. User-Generated Content

### 7.1 Catch Photos and Data
- You retain ownership of photos you take using the App.
- By submitting catch records and photos, you grant us a non-exclusive, royalty-free license to use, display, and store them for the purpose of operating the Services, including verification, contest administration, and generating aggregated fishing data (e.g., fishing hotspot maps).
- We may display aggregated, anonymized catch data (e.g., species frequency by location) on the App's map overlays. Individual catches are not publicly identified unless you participate in a public contest leaderboard.

### 7.2 Track Recordings
- Track recordings are stored on your account and synced to our servers.
- We may use aggregated, anonymized track data to improve our Services.
- Individual track data is never shared publicly unless you opt into a contest.

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## 8. Contests and Competitions

- Contests are optional and announced via in-app notifications.
- Each contest has its own specific rules, prizes, eligibility criteria, and duration, announced at the start of the contest.
- By participating in a contest, you agree to the [Contest Rules](https://marinenavgps.com/contest-rules) in addition to these Terms.
- **Contests do NOT involve cash prizes, gift cards, or monetary awards of any kind.** Prizes consist of physical merchandise, gear, equipment, or service credits as specified in each contest announcement.
- Contest participation does not constitute gambling, wagering, or any form of game of chance. Winners are determined solely by measurable, objective criteria (e.g., longest verified track distance, largest verified catch weight).
- We reserve the right to modify, suspend, or cancel any contest at any time.
- Admin decisions regarding contest verification, disqualification, and winners are final.

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## 9. Emergency Features

- The Man Overboard (MOB) feature sends SMS alerts to your configured emergency contacts with your GPS coordinates.
- **This feature is provided as a supplementary safety tool and is NOT a substitute for proper maritime distress signaling equipment** (VHF radio, EPIRB, flares, etc.).
- We are not responsible for the delivery, receipt, or response to MOB alerts.
- SMS delivery depends on cellular coverage, carrier availability, and other factors outside our control.
- Always follow proper maritime safety protocols and carry required safety equipment.

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## 10. Intellectual Property

- The App, its design, code, map overlays, fishing data, species databases, and all related content are the intellectual property of Marine Navigation GPS.
- You may not copy, modify, distribute, sell, or create derivative works from any part of the Services without our written permission.
- Third-party map data (OpenStreetMap, Esri, NOAA, OpenSeaMap) is subject to their respective licenses and terms.

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## 11. Account Termination

### 11.1 By You
- You may delete your account at any time through the User Portal.
- Upon deletion, all your personal data, catches, tracks, waypoints, and photos will be permanently removed (except consent records, which are retained for legal compliance).

### 11.2 By Us
- We may suspend or terminate your account at any time for violation of these Terms.
- We may terminate accounts involved in fraud, cheating, or abuse.
- We will attempt to notify you via email before or at the time of termination.
- No refund is provided for accounts terminated due to Terms violations.

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## 12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

- THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
- WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
- WE ARE NOT LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR DEATH ARISING FROM YOUR USE OF THE APP FOR NAVIGATION, INCLUDING BUT NOT LIMITED TO VESSEL GROUNDING, COLLISION, CAPSIZING, OR ANY OTHER MARITIME INCIDENT.

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## 13. Indemnification

You agree to indemnify and hold harmless Marine Navigation GPS, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit through the Services

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## 14. Dispute Resolution

- Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in California, United States.
- You agree to waive the right to participate in class action lawsuits against us.
- Small claims court actions are exempted from the arbitration requirement.

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## 15. Changes to These Terms

- We may update these Terms from time to time.
- Material changes will be communicated via in-app notification or email.
- Continued use of the Services after changes constitutes acceptance.
- If you disagree with updated Terms, you may delete your account.

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## 16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

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## 17. Governing Law

These Terms shall be governed by the laws of the State of California, United States, without regard to conflict of law principles.

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## 18. Contact Us

If you have questions about these Terms, contact us:

**Marine Navigation GPS**
Email: cs@marinenavgps.com
Website: https://marinenavgps.com/contact

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*By creating an account or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.*