Effective Date: 12/21/2025
Last Updated: 12/21/2025
1. Agreement to Terms
These Terms and Conditions of Use (“Terms”, “Terms and Conditions”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Here2Fish, LLC (“Here2Fish”, “Company”, “we”, “us”, or “our”) regarding your use of the Here2Fish mobile application, website, and related services (collectively, the “Service” or “Platform”).
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.
2. Nature of Service
2.1 Broker/Matchmaker Service
Here2Fish operates as a technology platform that provides marketing and matchmaking services connecting individuals seeking fishing vessel rentals (“Fishers” or “Fisher”) with vessel owners offering their vessels for rent (“Vessel Owners” or “Owners”). Here2Fish is not a party to any transaction between Fishers and Vessel Owners, and acts solely as an intermediary platform.
2.2 No Vetting or Guarantees
YOU ACKNOWLEDGE AND AGREE THAT:
- Here2Fish does not vet, screen, verify, or endorse any Users (Fishers or Vessel Owners) on the Platform
- Here2Fish makes no representations or warranties regarding the character, reputation, qualifications, safety, or reliability of any User
- Here2Fish does not guarantee that you will find a suitable match or compatible User through the Platform
- Here2Fish does not guarantee the quality, safety, seaworthiness, or condition of any vessel listed on the Platform
- Here2Fish does not guarantee that any booking will be completed or that services will be provided as expected
2.3 Marketing Service Only
The fees charged by Here2Fish are solely for providing marketing and platform services, including:
- Facilitating connections between Fishers and Vessel Owners
- Providing a platform for Users to list, search, and book vessels
- Processing payments through third-party payment processors
- Providing customer support for platform-related issues
Here2Fish fees are NOT for:
- Vetting or background checks of Users
- Insurance or liability coverage
- Guaranteeing the safety or quality of vessels
- Guaranteeing the completion of bookings
- Verifying the qualifications or credentials of Users
3. User Responsibilities
3.1 Due Diligence
Fishers and Vessel Owners are solely responsible for:
- Conducting their own due diligence on each other before entering into any transaction
- Verifying the identity, qualifications, and reliability of other Users
- Inspecting vessels before booking or renting
- Ensuring vessels are safe, seaworthy, and properly insured
- Verifying that Users have appropriate licenses, certifications, and insurance
- Negotiating the specific terms of their transactions
- Resolving any disputes that arise between them
3.2 Compliance with Laws
Users must comply with all applicable local, state, and federal laws, including but not limited to:
- Maritime and boating regulations
- Fishing licenses and permits
- Safety equipment requirements
- Insurance requirements
- Tax obligations
3.3 Accurate Information
Users agree to provide accurate, current, and complete information when using the Service, including:
- Personal identification information
- Vessel information (for Owners)
- Payment information
- Contact information
4. Limitation of Liability
4.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
4.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HERE2FISH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
4.3 Maximum Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HERE2FISH’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO HERE2FISH IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
4.4 User-to-User Disputes
Here2Fish is not responsible for and will not be liable for:
- Disputes between Fishers and Vessel Owners
- Injuries, accidents, or damages occurring during fishing trips
- Loss of or damage to personal property
- Breach of contract between Users
- False or misleading information provided by Users
- Failure of Users to fulfill their obligations to each other
Users agree to release Here2Fish from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between Users.
5. Assumption of Risk
5.1 Water Activities
USERS ACKNOWLEDGE THAT FISHING AND BOATING ACTIVITIES INVOLVE INHERENT RISKS, INCLUDING BUT NOT LIMITED TO:
- Risk of injury or death
- Risk of property damage
- Risks associated with weather conditions
- Risks associated with water conditions
- Risks associated with equipment failure
- Risks associated with other participants
Users voluntarily assume all such risks and agree that Here2Fish shall not be liable for any injuries, damages, or losses resulting from such risks.
5.2 Release
By using the Service, Users hereby release, discharge, and hold harmless Here2Fish, its officers, employees, agents, contractors, and affiliates from any and all claims, actions, demands, liabilities, and settlements, including but not limited to reasonable attorneys’ fees and costs, whether in tort, contract, or otherwise, arising out of or in any way related to:
- User interactions and transactions
- Use of vessels or participation in fishing activities
- Injuries, accidents, or damages of any kind
- Disputes between Users
6. Payments and Fees
6.1 Transaction Processing
Payments between Fishers and Vessel Owners are processed through Stripe, a third-party payment processor. Here2Fish does not store credit card numbers or payment information. All payment processing is subject to Stripe’s terms and conditions and privacy policy.
6.2 Platform Fees
Here2Fish charges platform fees for providing marketing and matchmaking services. These fees are disclosed to Users at the time of booking. Platform fees are non-refundable unless required by applicable law.
6.3 Payment Disputes
Disputes regarding payments between Fishers and Vessel Owners must be resolved directly between the Users. Here2Fish is not responsible for mediating payment disputes, except to the extent required to facilitate the technical processing of refunds through the payment processor.
7. User Accounts
7.1 Account Creation
To use certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities that occur under your account
- Notify Here2Fish immediately of any unauthorized use
7.2 Account Termination
Here2Fish reserves the right to suspend or terminate your account at any time, with or without notice, for conduct that Here2Fish believes violates these Terms or is harmful to other Users, Here2Fish, or third parties, or for any other reason.
8. Prohibited Uses
You agree not to use the Service:
- For any unlawful purpose or to solicit others to perform unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- To interfere with or circumvent the security features of the Service
- To collect or track the personal information of others
9. Intellectual Property
9.1 Here2Fish Ownership
The Service and its original content, features, and functionality are owned by Here2Fish and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
9.2 User Content
You retain ownership of any content you submit, post, or display on or through the Service (“User Content”). By submitting User Content, you grant Here2Fish a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service.
9.3 Data Ownership
All data collected through the Service, including User data, transaction data, and usage data, is owned by Here2Fish. Here2Fish may use this data as described in our Privacy Policy.
10. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
11. Indemnification
You agree to defend, indemnify, and hold harmless Here2Fish and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
- Your use and access of the Service
- Your violation of any term of these Terms
- Your violation of any third party right, including without limitation any copyright, property, or privacy right
- Any claim that your User Content caused damage to a third party
- Any interactions or transactions between you and other Users
12. Dispute Resolution
12.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of [STATE/JURISDICTION TO BE FILLED], without regard to its conflict of law provisions.
12.2 Dispute Resolution Process
Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [ARBITRATION ORGANIZATION TO BE FILLED], except where prohibited by law.
12.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
14. Contact Information
If you have any questions about these Terms, please contact us at:
Here2Fish, LLC
Email: support@here2fish.com
Website: https://here2fish.com
15. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
16. Entire Agreement
These Terms constitute the entire agreement between you and Here2Fish regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.