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Terms of Service

Last Updated: December 17, 2024

These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications (collectively, the "Services") provided by APBTECH, LLC ("APBTECH," "we," "our," or "us"), including FishPair. By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, you may not use our Services.

You must be at least 18 years old to use our Services. By using our Services, you represent that you meet this requirement.

2. Description of Services

APBTECH provides software products for business management, including FishPair, a platform that helps fishing guides and outfitters manage their bookings, schedules, and customer relationships.

Our Services facilitate connections between service providers (such as fishing guides) and their customers. APBTECH is not a party to any agreements between users and does not provide fishing guide services directly.

3. User Accounts

To access certain features, you must create an account. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activity under your account

4. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose
  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Submit false or misleading information
  • Interfere with or disrupt the Services
  • Attempt to gain unauthorized access to our systems
  • Use the Services to send spam or unsolicited communications
  • Scrape or collect user data without permission

5. User Content

You retain ownership of content you submit to our Services. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content as necessary to provide the Services.

You are responsible for ensuring you have the rights to any content you submit and that it does not violate any third-party rights.

6. Payments and Fees

Certain Services may require payment of fees. You agree to pay all applicable fees as described when you subscribe to or purchase Services. Fees are non-refundable unless otherwise stated.

We may change our fees at any time with notice to you. Continued use after fee changes constitutes acceptance of the new fees.

7. SMS Communications

By providing your phone number and opting in to receive text messages, you consent to receive SMS notifications related to your use of the Services, including booking confirmations, reminders, and updates. Message and data rates may apply.

You can opt out of SMS communications at any time by replying STOP to any message or adjusting your account settings. Opting out may affect certain functionality of the Services.

8. Intellectual Property

The Services and all content, features, and functionality are owned by APBTECH and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.

9. Third-Party Services

Our Services may integrate with or link to third-party services. We are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is at your own risk.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF SERVICES PROVIDED BY USERS (SUCH AS FISHING GUIDES) OR THE ACCURACY OF USER-PROVIDED INFORMATION.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APBTECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless APBTECH and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Services or violation of these Terms.

13. Termination

We may suspend or terminate your access to the Services at any time for any reason, including violation of these Terms. You may terminate your account at any time by contacting us or through your account settings.

Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination will remain in effect.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last Updated" date. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles.

16. Dispute Resolution

Any disputes arising from these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Michigan, except that either party may seek injunctive relief in court for intellectual property violations.

17. Contact Information

For questions about these Terms, please contact us at:

APBTECH, LLC
Buckley, Michigan
Email: alex.brouwer44@gmail.com

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