Terms of Service

1. Agreement

These Terms of Service, Acceptable Use Policy, and any documents incorporated by reference constitute a legally binding contract between you and Brainstorm Innovative Technologies, LLC ("Company"), developer of the PaddleReady mobile application and associated services ("App").

By downloading, installing, or using the App, you confirm that you have read, understood, and unconditionally agree to be bound by this Agreement. If you do not agree, immediately cease all use and delete the App from your device.

2. Recreational reference only

The App must never be used as a primary or sole source for: navigation, route planning, emergency distress signaling, rescue coordination, life-safety decisions, commercial/professional maritime operations, or any situation where inaccurate data could result in injury, death, or property damage.

Before engaging in water-based activity, you are solely responsible for consulting authoritative sources including NOAA weather radio, National Weather Service forecasts, U.S. Coast Guard advisories, and local park or marina authorities.

3. No guarantee of accuracy

All data — weather, wind, tide, UV, wave height, water quality, condition scores, launch point locations, amenities, community ratings, satellite imagery — is provided "AS IS" without representation, warranty, or guarantee of any kind. We expressly disclaim any representation that data is accurate, complete, current, reliable, or error-free.

4. Assumption of Risk, Release, and Covenant Not to Sue

In consideration of the free use of the App (and any Pro features purchased at a nominal price), you make the following voluntary, knowing, and informed agreements with Brainstorm Innovative Technologies, LLC.

4.1 Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PADDLING, KAYAKING, CANOEING, STAND-UP PADDLEBOARDING, SWIMMING, AND ALL OTHER WATER-BASED ACTIVITIES ARE INHERENTLY DANGEROUS

and can result in serious bodily injury, permanent disability, drowning, death, and loss of or damage to property. These risks cannot be eliminated and exist regardless of any data or information shown in the App.

Known and unknown risks include but are not limited to:

• Drowning, near-drowning, secondary drowning, and respiratory injury
• Hypothermia, hyperthermia, cold-water shock, immersion-related cardiac events
• Capsizing, entrapment, foot-entrapment, strainer hazards, broaching
• Collision with watercraft, submerged objects, rocks, dams, low-head dams, or debris
• Sudden weather changes including lightning, microbursts, high winds, fog, flash flooding
• Strong currents, rip currents, tidal surges, undertow, changing water levels
• Hazardous water quality, toxic algal blooms (HABs), bacterial or chemical contamination
• Falls on slippery, unstable, or unmaintained launch surfaces
• Wildlife encounters (alligators, sharks, snakes, manatees, jellyfish, stingrays, biting insects)
• Equipment failure, equipment loss, separation from your vessel, PFD failure
• Errors in your own judgment about skill, fitness, hydration, fatigue
• Errors, omissions, latency, or unavailability of weather, tide, advisory, water-quality, or launch-point data in the App
• Errors in the App's derived condition score, including a "Green" rating that proves incorrect
• Hazards reported by other users that prove inaccurate, stale, incomplete, or fabricated
• Absence of a hazard report at a location that nevertheless contains a hazard

You voluntarily and knowingly assume all such risks, whether known to you or not, foreseen or unforeseen, and whether or not contributed to by simple negligence on the part of Brainstorm Innovative Technologies, LLC. You acknowledge that any reliance on App data is your own responsibility.

4.2 Release and Waiver of Liability

To the maximum extent permitted by applicable law, you hereby RELEASE, WAIVE, DISCHARGE, and AGREE NOT TO SUE Brainstorm Innovative Technologies, LLC and its officers, directors, employees, contractors, agents, partners, suppliers, affiliates, and licensors (collectively, "Released Parties") from any and all liability, claims, demands, actions, and causes of action arising out of or related to your use of the App, your reliance on data displayed in the App, any condition score generated by the App, any user-submitted content, any Trip Check-In reminder, or any water-based activity you undertake — whether such liability is based on the simple negligence of any Released Party or otherwise.

4.3 Covenant Not to Sue

You further agree not to commence, join in, or prosecute any suit, action, or proceeding against any Released Party based on simple negligence in connection with the App or with any activity in which the App was a factor. If you do so in violation of this covenant, the Released Parties are entitled to recover reasonable attorneys' fees and costs of defense to the maximum extent permitted by law.

4.4 Carve-outs

This Section 4 does not waive liability for gross negligence, willful misconduct, intentional torts, fraud, or any other liability that under applicable law cannot be waived by agreement. Nothing in this Section limits any right you have under U.S. Coast Guard, NOAA, USGS, or other government-source data providers; those entities do not endorse and are not parties to this Agreement.

4.5 Sufficiency of Consideration

You acknowledge that PaddleReady is provided free of charge (with optional Pro features available for a nominal fee), and that your free access to the App, the public-source data displayed within it, and the community features it provides constitute full and sufficient consideration for the assumption of risk, release, and covenant in this Section 4.

4.6 Binding on Heirs

This Section 4 binds you, your heirs, executors, administrators, personal representatives, and assigns, to the maximum extent permitted by Florida law. You represent that you have the authority to bind those parties.

5. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRAINSTORM INNOVATIVE TECHNOLOGIES, LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING PERSONAL INJURY, DROWNING, LOSS OF LIMB, PROPERTY DAMAGE, EMOTIONAL DISTRESS, OR RESCUE COSTS.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED FIFTY U.S. DOLLARS ($50.00) OR THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS LESS.

6. User-generated content

By submitting photos, reviews, ratings, launches, name suggestions, or amenity info, you grant Brainstorm Innovative Technologies, LLC a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, publicly perform, and create derivative works of your content in connection with the App and related services.

You represent and warrant you own or have rights to submit the content; it doesn't infringe third-party rights; you have consent from any identifiable individuals depicted in photos; it complies with our content standards (Section 9); and it complies with applicable law.

We reserve the right (but not the obligation) to review, monitor, edit, refuse, or remove any submission at our sole discretion, at any time, without notice.

7. Hazard reports and Trip Check-In

Hazard reports

Hazard markers are community-submitted and have not been independently verified by Brainstorm Innovative Technologies, LLC. Always conduct your own safety assessment. Presence or absence of a marker does not guarantee presence or absence of an actual hazard.

Trip Check-In (Pro)

Trip Check-In is a reminder system, not an emergency or rescue service. It does not contact 911, the Coast Guard, or any emergency response agency. Email-delivery is best-effort and not guaranteed. For safety-critical trips, file a real float plan with the U.S. Coast Guard (CG-3752) and carry a charged phone, personal locator beacon (PLB), or satellite communicator.

By providing a trip contact, you represent you have obtained their explicit consent to receive trip-related emails from PaddleReady. The trip contact must opt in via a one-time confirmation email before we will send them any reminders or overdue alerts.

8. Pro subscription

Pro is billed via Apple's In-App Purchase or Google Play Billing per platform policy. Recurring charges continue until cancelled in your platform's subscription settings. No refunds for unused portions of a billing period except as required by applicable law.

We reserve the right to change Pro pricing with 30 days notice. Pro features are provided on an "as available" basis.

9. Content standards

You agree NOT to submit content that is obscene, pornographic, sexually explicit, depicts minors inappropriately, constitutes CSAM (reported to NCMEC), is hateful or threatening, depicts illegal activities, dox others, is false or fraudulent, infringes third-party rights, contains malware, or constitutes spam.

Flag inappropriate content from the in-app report button. Reports are reviewed within 24 hours.

10. Age

Users must be 13+ (COPPA). If 13–17, your parent or legal guardian has reviewed and agreed to this Agreement on your behalf.

11. Disclaimer of warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR COMPLETENESS.

12. Dispute resolution — binding arbitration and class action waiver

Before any formal dispute, contact legal@paddleready.app for 30 days of informal resolution. Otherwise, disputes are finally resolved by binding arbitration administered by JAMS in Florida.

YOU AND BRAINSTORM INNOVATIVE TECHNOLOGIES, LLC EACH WAIVE THE RIGHT TO BRING CLAIMS AS A CLASS MEMBER. ALL DISPUTES MUST BE BROUGHT INDIVIDUALLY.

Opt out within 30 days of first acceptance by emailing legal@paddleready.app.

13. Governing law

This Agreement is governed by Florida law. Disputes not subject to arbitration are subject to the exclusive jurisdiction of state and federal courts in Hillsborough County, Florida.

14. Modifications

We may modify this Agreement. Material changes are communicated in-app. Your continued use after the effective date constitutes acceptance.

15. Contact

Legal / DMCA: legal@paddleready.app
Security: security@paddleready.app
Support: support@paddleready.app
Violations / Abuse: violations@paddleready.app

Brainstorm Innovative Technologies, LLC
27160 Hickory Hill Road, Brooksville, FL 34602
brainstorminnovative.com