By downloading, installing, or using Bite Index you agree to these Terms. Please read them carefully. They are written to be clear and honest — not to obscure your rights or mine.
By downloading, installing, or using Bite Index ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
These Terms constitute the entire agreement between you and Adam Shakal ("Developer," "I," "me") regarding your use of Bite Index.
Bite Index is a mobile application that provides fishing conditions scores and forecasts for freshwater anglers based on weather data, atmospheric conditions, and location information. Bite Index is intended for informational and recreational purposes only.
Fishing conditions scores are calculated algorithmically and represent estimates only. Always exercise appropriate judgment and follow all applicable fishing regulations in your area.
You must be at least 13 years of age to use the App. By using the App you represent that you meet this requirement. If you are under 18 years of age you represent that you have your parent or guardian's permission to use the App.
Subject to these Terms, I grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control for your personal, non-commercial purposes.
You may not:
A one-time non-consumable in-app purchase that unlocks additional species scoring. Processed by Apple App Store or Google Play Store in accordance with their respective terms and policies.
The App offers the option to watch a rewarded video advertisement in exchange for temporary access to locked species for the duration of your current session. This feature is limited to 5 lifetime uses per device. No purchase is required to use this feature.
The App integrates with third-party services. Your use of these services is subject to their respective terms of service and privacy policies. I am not responsible for the practices or content of any third-party service.
App distribution and in-app purchase processing.
Backend data storage.
Purchase management and entitlement verification.
Rewarded video advertising.
Weather and atmospheric conditions data.
The App requests access to your device's location to provide locally relevant fishing conditions. Location access is optional — the App provides limited functionality using a last known location or a manually searched location if GPS access is not granted.
Location data is used solely to fetch weather and conditions data for your area. See the Privacy Policy for full details on how location data is handled.
THE APP 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, AND NON-INFRINGEMENT.
I do not warrant that:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MY TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP OR ANY IN-APP PURCHASE GIVING RISE TO THE CLAIM.
You agree to indemnify and hold harmless Adam Shakal from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to your use of the App or your violation of these Terms.
I reserve the right to modify, suspend, or discontinue the App or any part of it at any time with or without notice. I shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.
I may update these Terms from time to time. If I make material changes I will update the effective date at the top of this document. Your continued use of the App after any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.
These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the App shall be resolved in the state or federal courts located in Wisconsin, and you consent to the personal jurisdiction of such courts.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall otherwise remain in full force and effect.
If you have any questions about these Terms, please contact:
Adam Shakal