Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and eei.lyfe.llc ("we," "us," or "our") concerning your access to and use of the Infinite Livewell mobile application (the "App").
BY CREATING AN ACCOUNT OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
Age Requirements and Representations
By creating an account, you represent and warrant that:
- You are at least 13 years of age
- If you are between 13 and 18 years of age, you have obtained parental or legal guardian consent to use the App
- You have the legal capacity to enter into this binding agreement
- All information you provide is accurate and truthful
Additional Age Requirement for Map Features: You must be at least 18 years of age to access and use any mapping or location features in the App. By using map features, you represent that you are 18 or older.
Account Creation and Security
Username Requirements
- You must create a username during registration
- Usernames must NOT contain phone numbers, email addresses, or other personal identifying information
- We reserve the right to reject or remove usernames that violate this policy
- Usernames that impersonate others or are offensive may be removed
Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Not sharing your account with others
User Content and License
Ownership
You retain ownership of all content you create in the App, including fish logs, photos, and other data ("User Content").
License Grant to Us
By using the App, you grant eei.lyfe.llc a worldwide, non-exclusive, royalty-free license to:
- Store, process, and display your User Content to provide the App's services
- Use aggregated and anonymized data for analytics and App improvement
- Backup and recover your User Content for service continuity
This license exists only for the purpose of operating and improving the App. We will not sell your User Content to third parties.
No Value of User Content
You acknowledge and agree that:
- User Content has no monetary or intrinsic value
- We have no liability for loss, corruption, or deletion of User Content
- You are solely responsible for maintaining your own backups
- Data loss may occur due to technical failures, and we are not liable for such loss
User Content Guidelines
You agree that your User Content will not:
- Violate any laws or regulations
- Infringe on intellectual property rights of others
- Contain malicious code or attempts to compromise the App
- Be used for commercial purposes without our written permission
Prohibited Uses
You agree NOT to:
1. Circumvent Security or Privacy Features:
- Use phone numbers or email addresses as usernames
- Attempt to discover other users' personal information
- Share personal information through usernames or accessible fields
2. Misuse the App:
- Use the App for any illegal purposes
- Harass, threaten, or harm other users
- Attempt to use the App outside its intended purpose
- Use the App for commercial purposes without authorization
3. Technical Violations:
- Reverse engineer, decompile, or disassemble the App
- Modify, adapt, or hack the App code
- Access our cloud services (Firebase) through any means other than the App interface as provided
- Scrape, data mine, or extract data from the App
- Introduce viruses, malware, or harmful code
- Attempt to overload or disable our servers
4. Account Violations:
- Create multiple accounts to circumvent restrictions
- Share account credentials with others
- Sell or transfer your account
- Impersonate others or misrepresent your identity
5. Navigation Safety Violations (Critical):
- Use mapping or location features for navigation purposes
- Use the App while operating boats, vehicles, or other equipment
- Use the App while wading, walking near water, or in any dangerous situation
- Rely on location data for accurate navigation or direction-finding
CRITICAL SAFETY WARNINGS - MAPS ARE NOT FOR NAVIGATION
Map Features Are Reference Only
THE MAPPING AND LOCATION FEATURES IN THIS APP ARE FOR RECORD-KEEPING PURPOSES ONLY. THEY MUST NEVER BE USED FOR NAVIGATION.
You acknowledge and agree that:
1. Not a Navigation Tool:
- Maps and location pins are approximate and may be inaccurate by hundreds of feet or more
- Map data may be outdated, incomplete, or incorrect
- The App is not designed or intended for navigation purposes
- You must use proper navigation tools, charts, and equipment for all navigation needs
2. Prohibition on Use While in Motion:
- You must NOT use the App while operating any boat, watercraft, or vehicle
- You must NOT use the App while walking, wading, or moving near water or hazards
- You must NOT use the App while in any situation requiring attention to your surroundings
3. Environmental Awareness Required:
- You must remain aware of weather conditions, water conditions, and terrain at all times
- You are solely responsible for your safety and situational awareness
- You must never rely on the App for safety-critical decisions
4. No Accuracy Guarantees:
- We make no representations about the accuracy of location data
- Map features are provided "AS-IS" without any warranties
- Location information should never be relied upon for any purpose requiring accuracy
Assumption of Risk - Fishing and Outdoor Activities
FISHING AND OUTDOOR ACTIVITIES INVOLVE INHERENT AND SIGNIFICANT RISKS, INCLUDING SERIOUS INJURY AND DEATH.
By using this App, you acknowledge and accept that:
1. Inherent Dangers:
- Fishing involves risks including drowning, hypothermia, falls, equipment failure, and encounters with wildlife
- Water activities are inherently dangerous
- Weather and water conditions can change rapidly and unpredictably
- You may be far from emergency services
2. Your Responsibility:
- You are solely responsible for your own safety
- You assume all risks associated with fishing and use of this App
- You must use appropriate safety equipment (life jackets, etc.)
- You must exercise good judgment and prioritize safety over App use
- You must follow all applicable laws, regulations, and safety guidelines
3. No Reliance on App:
- Do not rely on the App for any safety-critical information
- Always prioritize safety over capturing fish logs
- Never let the App distract you from hazards or dangerous conditions
Service Availability and Changes
Right to Modify or Discontinue
We reserve the right, at any time and without notice, to:
- Modify, suspend, or discontinue any features or the entire App
- Change the App from free to paid, or introduce subscription fees
- Add, remove, or modify features and functionality
- Implement new security requirements or authentication methods
- Change these Terms (with notice as described below)
No Guarantee of Availability
The App is provided on an "AS-IS" and "AS-AVAILABLE" basis. We do not guarantee:
- Continuous or uninterrupted access
- Error-free or bug-free operation
- Compatibility with all devices or operating systems
- That the App will meet your requirements
- That data will be preserved indefinitely
Account Termination
Termination by You
You may delete your account at any time through the App settings. Upon deletion:
- Your account and all associated data will be permanently deleted
- This action cannot be undone
- You will lose access to all User Content
Termination by Us
We reserve the right to suspend or terminate your account immediately, without notice, if you:
- Violate these Terms
- Engage in illegal activity
- Harass or harm other users
- Attempt to circumvent security or privacy features
- Reverse engineer or modify the App
- Access our services through unauthorized means
- Use the App for commercial purposes without authorization
- Provide false information during registration
- Engage in any conduct we deem harmful to the App or other users
Upon termination by us, you lose all access to your account and User Content.
Disclaimers and Limitations of Liability
AS-IS Service - No Warranties
THE APP IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We explicitly disclaim all warranties, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- That the App will be uninterrupted, secure, or error-free
- That defects will be corrected
- That the App or servers are free of viruses or harmful components
- The accuracy, reliability, or completeness of any content or data
- That location data will be accurate or suitable for any purpose
No Liability for Data Loss
WE HAVE NO LIABILITY FOR ANY LOSS, CORRUPTION, DELETION, OR FAILURE TO STORE ANY USER CONTENT.
You acknowledge that:
- Technical failures may result in data loss
- We do not guarantee backup or recovery of data
- User Content has no monetary value
- You are solely responsible for maintaining your own backups
- We are not liable for any consequences of data loss
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, eei.lyfe.llc, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.
This includes, but is not limited to, liability for:
- Personal injury, death, or property damage
- Drowning, hypothermia, or other water-related incidents
- Boat accidents, vehicle accidents, or collisions
- Falls, slips, or other physical injuries
- Wildlife encounters or environmental hazards
- Lost, stolen, or damaged equipment
- Reliance on inaccurate location data
- Navigation errors or getting lost
- Weather-related incidents
- Any harm resulting from use of the App while distracted or in motion
- Any other injuries or damages related to fishing or outdoor activities
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO USE THE APP (WHICH IS CURRENTLY $0).
Some jurisdictions do not allow limitation of liability for personal injury or death, so this limitation may not fully apply to you.
No Liability for Third-Party Content or Links
We are not responsible for:
- Content on websites linked through affiliate links or otherwise
- Third-party services or platforms used for sharing content
- Actions taken by users outside the App
- Loss or damage resulting from third-party services
Indemnification
You agree to indemnify, defend, and hold harmless eei.lyfe.llc, its officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use or misuse of the App
- Your violation of these Terms
- Your User Content
- Your violation of any rights of another person or entity
- Any injuries, death, or property damage arising from your fishing or outdoor activities
- Your use of map features for navigation or while in motion
- Any harm to yourself or others resulting from distracted use of the App
- Your violation of any laws or regulations
This indemnification obligation survives termination of your account and these Terms.
Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of Iowa and the United States, without regard to conflict of law principles.
Mandatory Arbitration
YOU AND eei.lyfe.llc AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED THROUGH BINDING ARBITRATION, EXCEPT AS PROVIDED BELOW.
Arbitration terms:
- Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
- Arbitration will take place in Iowa
- The arbitrator's decision will be final and binding
- Each party pays their own costs unless the arbitrator awards costs to the prevailing party
- You may opt out of arbitration within 30 days of first using the App by emailing support@infinitelivewell.com with "Arbitration Opt-Out" in the subject line
Exceptions to Arbitration
The following may be brought in court instead of arbitration:
- Small claims court actions (if within the court's jurisdiction)
- Claims for injunctive or equitable relief
- Intellectual property disputes
Class Action Waiver
YOU AND eei.lyfe.llc AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.
You waive any right to:
- Bring claims as a plaintiff or class member in any class action, consolidated, or representative proceeding
- Participate in class-wide arbitration
- Join your claim with claims of other users
If the class action waiver is found unenforceable, the arbitration agreement shall be void, and the dispute shall be brought in court.
Venue for Court Actions
If arbitration does not apply, you agree that any court action must be brought exclusively in the state or federal courts located in Iowa, and you consent to personal jurisdiction in those courts.
Intellectual Property
Our Ownership
The App, including all software, code, design, features, graphics, logos, and trademarks, is owned by eei.lyfe.llc and is protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.
Restrictions
You may NOT:
- Copy, modify, or create derivative works of the App
- Sell, license, or distribute the App
- Remove copyright or proprietary notices
- Use our trademarks without written permission
Copyright Infringement
If you believe content in the App infringes your copyright, contact us at support@infinitelivewell.com with details of the alleged infringement.
Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect and use your information.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and eei.lyfe.llc regarding the App and supersede any prior agreements.
No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Assignment
You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms at any time, including in connection with a merger, acquisition, or sale of assets.
Changes to Terms
We may modify these Terms at any time. When we make changes, we will:
- Update the "Last Updated" date at the top
- Notify you through the App or via email for significant changes
- Post the updated Terms in the App
Your continued use of the App after changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App and delete your account.
Contact Information
If you have questions about these Terms, please contact us:
eei.lyfe.llc
Email: support@infinitelivewell.com
For account issues, termination disputes, or general questions, please include "Terms of Service" in your email subject line.
Acknowledgment and Acceptance
BY CREATING AN ACCOUNT AND USING INFINITE LIVEWELL, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You understand the risks associated with fishing and outdoor activities
- You will not use map features for navigation purposes
- You will not use the App while in motion or in dangerous situations
- You assume all risks associated with your use of the App
- You waive any claims against eei.lyfe.llc for injuries or damages arising from your use of the App or fishing activities
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.