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TERMS OF SERVICE & DISCLAIMER

Effective Date: January 1, 2026

These Terms of Service and Disclaimer ("Terms") govern your access to and use of Reel Talk (the "App"), a free application operated by Bao Huynh ("Company," "we," "us," or "our").

By accessing or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Free App – Informational Use Only

The App is provided free of charge and offers fishing-related information, including but not limited to fishing locations, maps, tide data, weather data, and user-submitted content, for general informational purposes only.

Information may be inaccurate, incomplete, outdated, or subject to change without notice. The Company does not guarantee accuracy, completeness, safety, legality, or suitability for any purpose.

The App aggregates data from third-party sources including weather services, governmental agencies (NOAA), and mapping providers. We do not verify, endorse, or guarantee the accuracy of third-party data. Users assume all risks associated with reliance on such data.

Gear, bait, and equipment recommendations are general suggestions only and may not be suitable, legal, or safe for all locations or conditions. Users must independently verify the appropriateness and legality of all equipment and techniques.

2. No Guarantee of Access or Legality

The App does not guarantee public access to any fishing location.

Locations displayed are user-contributed or publicly available information. We do not inspect, verify safety, or confirm access rights for any location. Some locations may be on private property, require permits, have seasonal closures, or present serious safety hazards. The presence of a location in the App does not constitute a recommendation to visit it.

You are solely responsible for:

Use of the App does not create any right of entry, access, or permission.

3. Regulations & Environmental Compliance

Fishing regulations, seasons, size limits, bag limits, and environmental protections vary by location and change frequently.

You are solely responsible for:

The App does not provide legal, regulatory, or environmental advice.

4. Assumption of Risk & Weather Safety

Fishing, boating, and accessing waterways involve inherent risks, including but not limited to:

You voluntarily assume all risks associated with using the App and any activities undertaken based on App information.

Weather Safety Disclaimer: Weather and tide information may be outdated, inaccurate, or change rapidly. A favorable fishing conditions score does not indicate safe weather conditions. Users must independently assess weather safety before any outdoor activity. Never fish during severe weather, high winds, lightning, flooding, or other dangerous conditions.

5. Age Eligibility & Minor Use Eligibility

The App is intended for individuals 18 years of age or older. By using the App, you represent and warrant that:

Parental Responsibility

If you are a parent or legal guardian permitting a minor to use the App, you agree to:

No Targeting of Children

The App is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If such information is discovered, we will delete it promptly.

Risk Acknowledgment for Minors

Fishing and boating involve inherent risks. Minors must be supervised at all times. The Company disclaims responsibility for injuries, accidents, citations, or violations involving minors.

6. No Warranties

The App is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of accuracy, reliability, safety, merchantability, or fitness for a particular purpose.

7. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any damages arising out of or related to your use of the App, including but not limited to:

Your sole remedy is to stop using the App.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its members, officers, and agents from any claims, damages, losses, liabilities, or expenses (including attorneys' fees) arising from:

9. Arbitration Agreement & Class Action Waiver

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Harris County, Texas, or remotely via videoconference at the arbitrator's discretion.

Exception for Small Claims: Either party may bring an individual action in small claims court if the claim qualifies.

Class Action Waiver: You agree that all disputes must be brought only in your individual capacity and not as a plaintiff or class member in any class, collective, or representative action. The arbitrator may not consolidate claims or conduct any class proceedings.

30-Day Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to winsoftware.texas@gmail.com within 30 days of first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of the arbitration agreement. If you opt out of arbitration, your right to use the App will be immediately terminated and you must cease all use of the App.

10. Privacy & Data Collection

The App collects limited data for operational purposes:

By using the App, you consent to this data collection. If you are a California resident or subject to GDPR, you may have additional rights. Contact us at winsoftware.texas@gmail.com for data requests.

11. Governing Law & Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Subject to the arbitration provisions above, any legal action must be brought in Harris County, Texas.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent authority, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. If the arbitration agreement is found unenforceable, the class action waiver shall remain enforceable to the maximum extent permitted by law.

13. Termination

We may suspend or terminate access to the App at any time, for any reason, without notice.

14. Changes to Terms

We may update these Terms from time to time. Continued use of the App after changes constitutes acceptance. You may be required to re-accept updated Terms.

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