Caudal — Terms of Service

Caudal is a measurement tool that estimates the length, weight, and other dimensions of fish (or other objects) from photographs, using the user’s calibrated hand as a dimensional reference. The Service includes:

• A mobile application available for iOS devices
• Computer vision and machine learning algorithms that process user-submitted photographs
• A catch logbook for recording measurements and associated metadata
• Optional cloud synchronization of user data when the user creates an account
• Optional sharing features for distributing measurement results

Caudal does not provide certified, official, or legally binding measurements. The Service is intended for personal recordkeeping and recreational use. Caudal is not a substitute for physical measurement devices required by fishing regulations, tournaments, or other rules-based requirements. See Section 7 for further detail.

Certain features of the Service require an account. To create an account, you must provide an email address and may be required to verify it. Account creation is optional; users may access core measurement features without an account.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at the contact address in Section 24 of any unauthorized use of your account.

You agree to provide accurate, current, and complete information when creating your account, and to update that information as needed to keep it accurate.

You may not create multiple accounts to circumvent any limit, restriction, or feature of the Service. We reserve the right to terminate duplicate accounts.

You may delete your account at any time through the in-app settings or by contacting us. We may suspend or terminate your account if you violate these Terms or if your conduct creates risk or liability for us or other users.

Caudal’s length, weight, depth, and surface area measurements are estimates derived from photographic analysis. Accuracy varies based on calibration quality, grip, lighting, camera angle, distance, lens characteristics, fish posture, body condition, and other factors. Individual measurements may differ from physical measurement by several percent in either direction, and in some conditions may differ by more.

You agree that you will not rely on Caudal measurements for any of the following purposes:

• Determining compliance with fishing regulations of any jurisdiction, including minimum size limits, maximum size limits, slot limits, bag limits, seasonal restrictions, or species-specific rules
• Verifying eligibility for any fishing tournament, competition, derby, or scoring program
• Submitting catches for any official record, certification, or recognition (including but not limited to IGFA, state records, and tournament records)
• Reporting catches for catch-and-release certification, conservation programs, or scientific data collection requiring certified measurements
• Any other legal, regulatory, contractual, or competitive purpose requiring verified or certified measurement

When the law, a tournament, or any rules-based program requires a verified measurement, you must use a physical tape measure, bump board, certified scale, or other measurement device specifically required by the applicable rules. Where rules specify a particular measurement method (such as fork length versus total length, or measurement on a specific surface), you must follow the rules-specified method, not Caudal’s.

You are solely responsible for verifying that any fish you retain is legal under the applicable regulations and that any catch you report to any organization meets the verification standards of that organization. Phalanx Fishing makes no representation that Caudal measurements meet any particular regulatory, tournament, scientific, or other standard.

“User Content” means any photographs, text, measurements, calibration data, catch logs, comments, feedback, or other materials that you submit, upload, or transmit through the Service.

You retain all ownership rights in your User Content. We do not claim ownership of your photographs or catch records.

By submitting User Content, you grant Phalanx Fishing a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, process, and display your User Content solely as necessary to operate and improve the Service. This license includes the right to:

• Process photographs through computer vision and machine learning models to generate measurements
• Store calibration data and catch logs in our systems and synchronize them across your devices
• Use anonymized and aggregated data derived from User Content to improve the accuracy of our models for all users
• Display your User Content back to you within the Service

This license ends when you delete your User Content from the Service, except that we may retain anonymized and aggregated data that no longer identifies you or your User Content, and we may retain backup copies for a reasonable period as required by our standard data retention practices.

If you opt into Training Mode (a feature that allows verified users to contribute ground-truth measurements with photographs to improve the Service for all users), you grant Phalanx Fishing the additional right to use your contributions as training data for our machine learning models on a permanent basis, even after you delete your account. We may aggregate, anonymize, and use such contributions to develop improved measurement algorithms benefiting all users.

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit
• Your User Content does not violate any third party’s rights, including privacy, publicity, intellectual property, or contractual rights
• Your User Content does not violate any law or these Terms
• If your User Content contains the image of any identifiable person, you have obtained that person’s consent to upload it

We reserve the right (but have no obligation) to review, remove, or refuse to display any User Content at our sole discretion, including User Content we believe violates these Terms.

The Service includes features that allow you to share measurement results, photographs, and catch records via social media, messaging, email, or other channels. By using these features, you authorize us to generate shareable assets incorporating your User Content.

The Service may allow you to attribute catches to fishing guides, outfitters, charter operators, or other third parties. You are solely responsible for accuracy of such attributions and for obtaining any necessary permissions. Phalanx Fishing does not verify and is not responsible for the accuracy of attributions.

When you use the Service to measure a fish held by another person, that person’s biometric calibration data may be involved in the measurement. You represent that you have obtained that person’s consent to use their calibration data for the measurement.

The Service, including its software, design, text, graphics, logos, images, audio, video, and all other content (excluding User Content), is owned by or licensed to Phalanx Fishing and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.

“Caudal,” “Phalanx Fishing,” related logos, and the Caudal Card design are trademarks of Phalanx Fishing LLC. You may not use any of our trademarks without our prior written consent.

The methodology underlying Caudal, including the use of calibrated biometric landmarks for object measurement, is subject to one or more patents or pending patent applications. No license to any patent is granted by these Terms.

If you provide us with suggestions, ideas, feedback, or other input regarding the Service (“Feedback”), you grant Phalanx Fishing an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate that Feedback into the Service without compensation or attribution to you.

The Service is currently provided free of charge.

We may introduce paid features, subscription tiers, in-app purchases, or other paid offerings in the future. If we do, you will be notified before any charges apply, and use of paid features will be subject to additional terms presented at the time of purchase.

Except as required by applicable law, all payments for paid features are non-refundable. Apple’s App Store refund policies apply to in-app purchases made through the App Store.

The Service is distributed through Apple’s App Store. Your download and use of the Service is also subject to Apple’s terms, including the Apple Media Services Terms and Conditions.

The Service may include or integrate with third-party software, libraries, or services. Your use of such third-party components may be subject to additional terms imposed by the third-party providers.

The Service may contain links to third-party websites, including websites of fishing guides, outfitters, conservation organizations, or other parties. We do not control and are not responsible for the content, accuracy, or practices of any third-party websites.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHALANX FISHING DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS
• WARRANTIES THAT MEASUREMENTS PRODUCED BY THE SERVICE WILL BE ACCURATE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE
• WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY DATA, CONTENT, OR INFORMATION ACCESSED THROUGH THE SERVICE

You acknowledge that you do not rely on any representations, warranties, or guarantees not expressly stated in these Terms. Any information, advice, or content obtained from the Service is for general informational purposes only and should not be relied upon for any legal, regulatory, scientific, or competitive purpose.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent that such jurisdictions apply to you, some of the above exclusions may not apply.

PHALANX FISHING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• LOSS OF PROFITS, REVENUE, OR DATA
• LOSS OF USE OR LOSS OF GOODWILL
• COST OF SUBSTITUTE GOODS OR SERVICES
• FINES, PENALTIES, OR CITATIONS IMPOSED BY ANY GOVERNMENT AUTHORITY
• LOSS OF FISHING PRIVILEGES OR LICENSE SUSPENSION
• DISQUALIFICATION FROM TOURNAMENTS OR DENIAL OF RECORDS
• MORTALITY OF FISH RETAINED BASED ON INCORRECT MEASUREMENT
• ANY OTHER FINANCIAL, LEGAL, REPUTATIONAL, OR PERSONAL LOSS

ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF PHALANX FISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PHALANX FISHING’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID PHALANX FISHING IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TEN U.S. DOLLARS ($10.00).

YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PHALANX FISHING, AND THAT PHALANX FISHING WOULD NOT BE ABLE TO OFFER THE SERVICE WITHOUT SUCH LIMITATIONS.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. To the extent that such jurisdictions apply to you, some of the above limitations may not apply.

You may terminate your use of the Service at any time by deleting the application from your device and, if applicable, deleting your account.

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms, conduct that creates risk or liability for us or other users, or our decision to discontinue the Service.

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and any associated data, subject to our data retention policies described in the Privacy Policy
• Sections 7 (Measurement Disclaimer), 10 (Intellectual Property), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 21 (Dispute Resolution), 22 (Governing Law), and any other provisions that by their nature should survive termination, will survive

Before filing any formal dispute, you agree to first contact us at the address in Section 24 and attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you through your provided email address. If we cannot resolve the dispute within sixty (60) days, either party may proceed with formal proceedings as described below.

Except for disputes that qualify for small claims court or disputes regarding the validity of our intellectual property rights, any dispute arising from or related to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in Knox County, Tennessee, or by video conference at the arbitrator’s discretion. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

YOU AND PHALANX FISHING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

You may opt out of the arbitration and class action waiver provisions of this Section 21 by sending written notice to the address in Section 24 within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, mailing address, email address, and a clear statement that you wish to opt out. Opting out will not affect any other provisions of these Terms.

Either party may bring a dispute in small claims court for any claim that qualifies, provided it remains within that court’s jurisdiction.

These Terms, together with our Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and Phalanx Fishing regarding the Service and supersede all prior agreements and understandings.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Any unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Phalanx Fishing.

Except as expressly stated (such as Apple’s third-party beneficiary rights in Section 13), there are no third-party beneficiaries of these Terms.

We are not liable for any failure or delay in performing our obligations under these Terms caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet outages, or third-party service failures.

Any notice required to be given to us under these Terms must be sent to the address in Section 24. Notices to you may be sent to the email address associated with your account, or by posting in the Service.

Section headings are for convenience only and have no legal effect.

These Terms are written in English. Any translation provided is for convenience only. In the event of any conflict between the English version and a translation, the English version controls.