Terms of Service

Acceptable Use Policy · Last updated: August 1, 2026

Read carefully. PaddleReady provides informational reference data and is not a substitute for U.S. Coast Guard, NOAA, or any safety system. Water activities are inherently dangerous.

This page mirrors the Terms of Service shown inside the PaddleReady app, section for section. The authoritative version is the one in the app at the time of your acceptance, and we keep the two in sync whenever either changes. If they ever differ, the in-app version controls.
⚠ READ CAREFULLY BEFORE USING THIS APP.

PaddleReady is for INFORMATIONAL AND RECREATIONAL REFERENCE ONLY. It is NOT a substitute for professional weather forecasting, U.S. Coast Guard guidance, NOAA marine forecasts, professional paddling instruction, or any emergency navigation system.

WATER-BASED ACTIVITIES ARE INHERENTLY DANGEROUS AND CAN RESULT IN SERIOUS INJURY, PERMANENT DISABILITY, DROWNING, DEATH, AND PROPERTY LOSS. By using this app you assume ALL such risks and release PaddleReady and Brainstorm Innovative Technologies, LLC from ALL liability.

1. Agreement to These Terms

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

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

If you are using the App on behalf of an organization, you represent and warrant that you have full authority to bind that organization to this Agreement.

2. Recreational Reference Only — Not for Navigation or Emergency Use

The App is provided solely for general recreational reference and informational purposes. The App must NEVER be used as a primary or sole source for:

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

3. No Guarantee of Data Accuracy, Availability, or Completeness

All data displayed in the App — including but not limited to weather conditions, wind speeds, tide predictions, UV index, wave height, water quality, paddling conditions scores, launch point locations, amenities, community ratings, and satellite imagery — is obtained from third-party data providers and is provided "AS IS" without representation, warranty, or guarantee of any kind.

We expressly disclaim any representation that:

Third-party data sources include but are not limited to: Open-Meteo, NOAA (National Oceanic and Atmospheric Administration), National Weather Service, USGS (U.S. Geological Survey), OpenStreetMap contributors, Overpass API, Sunrise-Sunset.org, and device mapping services. We have no control over and assume no responsibility for the accuracy of data from these sources.

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

In consideration of the free use of the App (and any Pro features purchased separately 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. The risks of these activities can be reduced through training, judgment, and equipment, but they cannot be eliminated, and they exist regardless of any data or information shown in the App.

Known and unknown risks of these activities include but are not limited to:

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, that you remain solely responsible for your own safety decisions, and that you have or will obtain training and equipment appropriate to the conditions you choose to paddle in.

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 (including hazard reports, launch points, photos, and reviews), any Trip Check-In reminder, or any water-based activity you undertake — whether such liability, claim, demand, action, or cause of action is based on the simple negligence of any Released Party or otherwise.

4.3 Covenant Not to Sue.

You further agree that you will not 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 their reasonable attorneys' fees and costs of defense, to the maximum extent permitted by law.

4.4 Carve-outs (what this Section does NOT waive).

This Section 4 does not, and is not intended to, 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 the PaddleReady App is provided to you 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, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, AFFILIATES, OR LICENSORS (COLLECTIVELY, "RELEASED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO:

THIS LIMITATION APPLIES REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE), EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES EXCEED FIFTY U.S. DOLLARS ($50.00) OR THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS LESS.

6. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, suits, proceedings, liabilities, losses, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

This indemnification obligation survives the termination or expiration of this Agreement and your cessation of use of the App.

7. User Generated Content — Photos, Reviews & Submissions

The App allows you to submit content including photographs, written reviews, star ratings, launch point submissions, name suggestions, and amenity information ("User Content").

By submitting User Content, you represent and warrant that:

Grant of License: By submitting User Content, you hereby grant Brainstorm Innovative Technologies, LLC a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, publicly perform, and create derivative works of your User Content in connection with operating, promoting, and improving the App and related services, across all current and future media formats and channels.

Moral Rights Waiver: To the extent permitted by law, you waive any moral rights or rights of attribution you may have in User Content submitted to the App.

We reserve the right (but not the obligation) to review, monitor, edit, refuse, move, or remove any User Content at our sole discretion, at any time, and without notice or liability to you.

8. Photo Moderation, DMCA & Copyright

Photo Moderation: All user-uploaded photographs are subject to community reporting. Reported images are reviewed by our moderation team. Images that violate our content standards (see Section 9) will be removed. Photos that are reported as inappropriate are immediately flagged and reviewed within 24 hours, the same commitment stated in our Privacy Policy and on our support site. To report an inappropriate image, use the flag button within the App or email violations@paddleready.app with the subject line "IMAGE REPORT."

EXIF Stripping: All uploaded photos are automatically processed to remove EXIF metadata, including GPS location data, device information, and timestamps, before being stored on our servers. We do not retain original unprocessed files.

DMCA Takedown Policy: We respect intellectual property rights. If you believe that content in the App infringes your copyright, please submit a written notice to our designated DMCA agent at legal@paddleready.app containing:

We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). Counter-notices and repeat infringer policies apply pursuant to DMCA procedures.

9. Content Standards & Acceptable Use Policy

You agree NOT to submit, post, transmit, or share content that:

You further agree NOT to:

Violations of this Section may result in immediate suspension or termination of access and may be reported to appropriate law enforcement authorities.

9A. Hazard Reports — Community Safety Data

The App allows registered users to submit safety hazard markers ("Hazard Reports") visible on the map to other users. By submitting a Hazard Report, you represent and warrant that:

No Guarantee of Accuracy: Hazard reports are community-submitted and have not been independently verified by Brainstorm Innovative Technologies, LLC. Always conduct your own safety assessment before paddling any waterway. The presence or absence of a hazard marker does not guarantee the presence or absence of any hazard in real life. Conditions change — dams may open or close, water levels fluctuate, and hazards may appear or disappear without notice.

Brainstorm Innovative Technologies, LLC reserves the right to remove any hazard report at its sole discretion. Reports that are confirmed as false or malicious may result in account suspension.

9B. Trip Check-In (Pro Feature)

Status: Trip Check-In is currently turned off in the app and cannot be used. It is not part of what a Pro Subscription gets you today. This Section is retained because it governs any Trip Check-In created while the feature was available, and it applies in full if and when the feature is turned back on.

Trip Check-In allows Pro subscribers to record a planned trip and name a trip contact who is emailed if the subscriber does not check in by the time they set. It is a reminder tool only. It is not an emergency service, not a rescue service, and not a guarantee that anyone will respond.

By using Trip Check-In, you expressly acknowledge and agree:

ALWAYS carry a charged phone, personal locator beacon (PLB), or satellite communicator on remote paddles. File plans with the Coast Guard (CG-3752) or appropriate authorities for backcountry or offshore paddling.

9C. Pro Subscription Terms

Certain features of the App are available only to subscribers of PaddleReady Pro ("Pro Subscription"). By purchasing a Pro Subscription:

10. Security Representations

We employ commercially reasonable technical and organizational security measures to protect the App and your data, including:

However, no security system is impenetrable. We cannot guarantee absolute security of any data. In the event of a data breach that affects your personal information, we will notify affected users as required by applicable law.

You are responsible for maintaining the security of your device. If you believe you have discovered a security vulnerability in the App, please report it responsibly to security@paddleready.app before any public disclosure.

11. Age Restrictions & Parental Consent

The App is intended for users aged 13 years or older. By using the App, you represent that you are at least 13 years of age. If you are between 13 and 17 years of age, you represent that your parent or legal guardian has reviewed and agreed to this Agreement on your behalf.

In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under 13. If we discover that a user is under 13, we will promptly delete any associated data.

Parental Advisory: Paddling and water activities are dangerous for users of all ages. Parents and guardians are strongly encouraged to supervise minors at all water access points and to ensure that appropriate safety equipment (including properly fitted personal flotation devices / life jackets) is used at all times.

12. Disclaimer of Warranties

THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR COMPLETENESS. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK.

13. Dispute Resolution — Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Informal Resolution: Before initiating any formal dispute, you agree to contact us at legal@paddleready.app and attempt to resolve the matter informally. We will make good-faith efforts to resolve disputes within thirty (30) days.

Binding Arbitration: If informal resolution fails, any dispute, controversy, or claim arising out of or relating to this Agreement or the App — including questions of arbitrability — shall be finally and exclusively resolved by binding arbitration administered by JAMS (jamsadr.com) under its then-current rules. The arbitration shall be conducted in Florida, United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver:

YOU AND BRAINSTORM INNOVATIVE TECHNOLOGIES, LLC EACH WAIVE ANY RIGHT TO BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

Exceptions: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Opt-Out: You may opt out of this arbitration agreement by emailing legal@paddleready.app within 30 days of first accepting these Terms. Your opt-out notice must include your name and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provisions of this Agreement.

14. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Hillsborough County, Florida, and waive any objection to such jurisdiction or venue.

If you are accessing the App from outside the United States, you do so at your own risk and are responsible for compliance with all local laws and regulations.

15. Modifications to This Agreement

We reserve the right to modify this Agreement at any time. Material changes will be communicated through a notice within the App. Your continued use of the App following the effective date of any modification constitutes your acceptance of the revised Agreement. If you do not agree to any modification, you must cease using the App.

We recommend reviewing this Agreement periodically. The date at the top of this page indicates when the Agreement was last revised.

16. Severability, Waiver & Entire Agreement

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.

This Agreement, together with our Privacy Policy and any additional terms applicable to specific features, constitutes the entire agreement between you and Brainstorm Innovative Technologies, LLC with respect to the App and supersedes all prior agreements, representations, and understandings.

17. Contact Information

For legal inquiries, DMCA notices, or questions about these Terms:

For support, general inquiries, or to report inappropriate content: