Terms of Service
Last updated: October 30, 2026
Agreement to Terms
By accessing or using Waterscope ("the Service"), operated by Hypertheory LLC, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.
Description of Service
Waterscope is a fishing and boating aid. It shows your position over public seafloor surveys, marks likely reef, forecasts wind, waves and currents, and lets you save marks that others using the Service can see. The Service is informational only.
Not for Navigation
The Service is not a navigation chart and must never be relied on for navigation or safety. Depths, reef, hazards, positions and forecasts come from public sources and automated processing and can be wrong, out of date or missing. GPS on a phone can be off by many meters, and the Service can stop working at any time.
Carry an official nautical chart, a marine radio and the safety gear your boat requires, check the official marine forecast before you go, and decide for yourself whether the water is safe. Boating and fishing carry real risk of injury and death, and every decision on the water is yours alone.
The emergency screen is a convenience. In an emergency, call the Coast Guard on VHF channel 16 or 911 directly.
Account Registration
To use the Service, you must create an account with a valid email address and password. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.
You must be at least 18 years old to use the Service. By creating an account, you represent that you meet this requirement and have the legal capacity to enter into this agreement.
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
Acceptable Use
You agree not to use the Service to:
- Redistribute, resell, or republish the Service's maps or data without our written permission
- Scrape, crawl, or bulk-export the Service by automated means
- Post marks that are false, abusive, or reveal private information about others
- Fish where the law forbids it, including inside marine protected areas, or use the Service in connection with any unlawful activity
- Impersonate others or misrepresent your identity
- Distribute malware, viruses, or other harmful code
- Interfere with or disrupt the Service or its infrastructure
Third-Party Data
The Service relies on NOAA, Open-Meteo, Scripps CDIP, Esri, California's marine maps and other public sources we do not control. That data may be delayed, incomplete, or wrong, and those sources may change or become unavailable at any time. We do not guarantee the accuracy or availability of any third-party data.
Intellectual Property
The Service, including its software, design, and the maps it produces, is owned by Hypertheory LLC and protected by intellectual property laws. Your subscription grants a limited, non-exclusive, non-transferable license to use the Service for your own personal, non-commercial purposes.
You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse engineer or attempt to extract its source code.
Subscriptions and Payments
Certain features may require a paid subscription. Subscriptions are billed in advance on a recurring basis. By subscribing, you authorize us to charge your payment method for recurring fees.
Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect immediately: your subscription ends and access to paid features stops the moment you cancel. Fees already paid, including the current billing period, are non-refundable, and we do not provide prorated refunds for partial billing periods.
Price Changes: We reserve the right to modify pricing with 30 days notice. Price changes apply to subsequent billing periods, not current subscriptions.
Failed Payments: If payment fails, we may suspend access to paid features until payment is resolved.
Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any losses resulting from service interruptions, delays, or missed information.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, TIMELY, OR MEET YOUR SPECIFIC REQUIREMENTS, OR THAT ANY DEPTH, REEF, HAZARD OR FORECAST IS ACCURATE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERTHEORY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGE TO PROPERTY OR VESSELS, LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
Indemnification
You agree to indemnify and hold harmless Hypertheory LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your decisions on the water, your violation of these terms, or your violation of any third-party rights.
Termination
We may suspend or terminate your account at any time for violation of these terms, suspected fraudulent activity, or for any other reason at our discretion with or without notice.
Upon termination, your right to use the Service ceases immediately. We may delete your account data in accordance with our Privacy Policy.
Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and indemnification) will remain in effect.
Changes to Terms
We may modify these terms at any time. We will notify you of material changes by email or through the Service. The "Last updated" date at the top indicates when these terms were last revised. Continued use of the Service after changes constitutes acceptance of the modified terms. If you do not agree to the changes, you must stop using the Service.
Arbitration & Class Action Waiver
Informal resolution first: Before initiating arbitration, you agree to contact us through the contact form inside the app describing the dispute and to attempt in good faith to resolve it informally for 30 days.
Any dispute, claim, or controversy arising out of or relating to these terms or the Service shall be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.
YOU AND HYPERTHEORY LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
Opt-out: You may opt out of this arbitration agreement by contacting us through the contact form inside the app with your account email within 30 days of first accepting these terms. Opting out does not affect any other provision of these terms.
Governing Law
These terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in these courts.
Severability
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, and the remaining provisions shall remain in full force and effect.
Entire Agreement
These terms, together with our Privacy Policy, constitute the entire agreement between you and Hypertheory LLC regarding the Service and supersede all prior agreements and understandings.
Contact
For questions about these terms, contact us through the contact form inside the app.