End-User License Agreement
Please read this End-User License Agreement ("Agreement") carefully before downloading, installing, or using our Marine Utility/Navigation Application ("Application" or "Software"). By clicking "Accept," installing, or using the Application, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not download, install, or use the Application.
1. License Grant
Subject to the terms of this Agreement, Sky Software LLC ("Licensor") grants you a personal, revocable, non-exclusive, non-transferable, limited license to install and use the Application on your personal mobile device, tablet, or computer. The Application may connect to and receive data from marine hardware and navigation instruments (such as chart plotters and AIS transponders) as external data sources. You may not rent, lease, lend, sell, redistribute, or sublicense the Software.
2. Subscription Terms, Fees, and Renewal
The Application is free to download and use for core anchor alarm functionality. Access to advanced features, including live instrument feeds, remote monitoring, and advanced marine telemetry processing, requires a recurring paid subscription ("Subscription").
- Free Tier: Free users may store up to 10 anchor sessions. Once this limit is reached, older sessions must be deleted to create new ones.
- Essential Subscription: Provides unlimited session history and remote monitoring. Remote location updates are delivered approximately every 2 hours. Real-time remote updates require a Premium subscription.
- Premium Subscription: Provides all Essential features plus real-time remote monitoring, live instrument feeds (depth, wind, AIS), iCloud settings sync, and additional alert types.
- Billing Cycle: Subscriptions are billed on a recurring periodic basis (e.g., monthly or annually) as selected at the time of purchase.
- Automatic Renewal: Your Subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date through your platform account settings (e.g., App Store, or Google Play).
- Price Changes: Licensor reserves the right to modify subscription fees. Any price changes will be communicated in advance, and continued use after the notice constitutes acceptance.
- No Refunds: Except as required by law or specific platform policies, all subscription fees are non-refundable. Failure to pay will result in immediate suspension of access to subscription features.
3. Scope of Usage & Marine Navigation Risks
You acknowledge and agree that:
- Not a Substitute for Official Charts: The Application is designed for recreational use and situational awareness only. It is not a replacement for official government hydrographic charts, Notice to Mariners (NTM), or mandated paper chart sets.
- Dynamic Marine Environments: Marine environments change rapidly. Chart data, depth soundings, contours, tides, currents, and weather tracking are estimates only. Sandbars shift, water levels fluctuate, and underwater obstructions may exist that are not reflected in the Application.
- Primary Lookout and Safe Operation: The vessel master is always responsible for the safe navigation and operation of the vessel. You must maintain a continuous visual lookout, monitor depth soundings manually, and utilize all available onboard equipment (radar, sonar, VHF radio).
- No Reliance for Life Safety: Do not rely on the Application as your primary tool for search and rescue, emergency distress signals, or navigating hazardous inlets and shallow waters.
4. Crowdsourced Data and User Instrument Feeds
The Application integrates crowdsourced environmental telemetry and data provided by other users (including, but not limited to, depth soundings, wind metrics, anchoring heat maps, and localized hazards).
- No Verification: Licensor does not independently verify, calibrate, or audit crowdsourced data or the accuracy of user hardware instruments.
- Hardware Errors: You acknowledge that crowdsourced depth and wind data may be highly inaccurate due to poorly calibrated user equipment, varying tidal datums, sensor faults, or environmental noise.
- Anchor Heat Maps: Popularity heat maps are for informational visualization only. They do not guarantee the safety of an anchorage, proper holding ground, swinging room, local mooring regulations, or protection from sudden weather shifts. You anchor at your own risk.
5. Automatic Identification System (AIS) Data Disclaimer
The Application may display AIS vessel tracking data received from navigation instruments connected to the vessel's local network (such as chart plotters and AIS transponders). When remote monitoring is active, AIS data is relayed over the internet to remote viewing devices via our cloud infrastructure. Licensor may in the future integrate additional AIS data sources, including internet-based or satellite AIS feeds. You explicitly acknowledge that:
- Incomplete Picture: AIS data is subject to mandatory or situational transmission gaps. Not all vessels carry AIS transponders, and some operators may turn them off or transmit erroneous data.
- Transmission Delays: AIS data relayed over internet networks — including during remote monitoring sessions — may experience latency. Any future internet-based or satellite AIS feeds may experience additional significant delays. AIS data must not be used for real-time collision avoidance or close-quarters maneuvering. Always rely on radar and visual scanning.
6. Intellectual Property Rights & Anonymous User Submissions
The Application, including all content, graphics, user interfaces, hydrographic data overlays, scripts, and software used to implement the Application, contains proprietary information and material owned by the Licensor.
By feeding your instrument data (e.g., depth, wind, location) into the Application, you grant Licensor a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to aggregate, anonymize, display, distribute, and commercialize this data to improve the service and generate community maps.
Anonymity Guarantee: Licensor strips all personally identifiable information (PII) from this telemetry data before aggregation. It is treated strictly as anonymous, unlinked environmental data points.
7. User Conduct and Restrictions
You agree not to, and you will not permit others to:
- Feed intentionally false, spoofed, or malicious data (such as fake AIS signals or corrupted depth logs) into the network.
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application.
- Modify, decipher, decompile, reverse engineer, or disassemble any part of the Software.
- Remove, alter, or obscure any proprietary notices of the Licensor or its affiliates.
8. Data Privacy and Collection
Your privacy is important to us. By using the Application, you consent to the collection, use, and sharing of your data (including real-time GPS location data, vessel telemetry, and usage information) as outlined in our Privacy Policy.
- Anonymous Device Identity: On first launch, the Application assigns your device a randomly generated anonymous identifier using Firebase Authentication. This identifier is not linked to your name or email address and is used solely to associate your sessions and settings with your device.
- Session Sharing: The Application allows you to share a live anchor session with other devices via a share link (Essential and Premium). Any recipient of that link will have access to your real-time GPS position, vessel telemetry, and session data for the duration of the session. You are solely responsible for controlling who you share session links with.
- Data Deletion: You may delete your session data at any time from within the Application. See our Privacy Policy for full details on your data rights and the deletion process.
9. Updates and Third-Party Materials
Licensor may provide enhancements, upgrades, or updates to the Application. Such updates may include bug fixes or new features. You agree that Licensor has no obligation to provide updates. The Application currently integrates third-party infrastructure services (including Google Firebase for data storage and push notifications, and Apple or Google mapping services). Licensor may in the future integrate additional third-party data feeds, such as government hydrographic data or commercial AIS aggregators. You acknowledge that Licensor is not responsible for the availability or accuracy of any third-party services, whether current or future.
10. Termination
This Agreement is effective until terminated by you or the Licensor. Your rights under this license will terminate automatically without notice if you fail to comply with any terms, including failure to pay subscription fees. Upon termination, you must cease all use of the Application and delete all copies.
11. Disclaimer of Warranties
You expressly acknowledge and agree that use of the Application is at your sole risk. To the maximum extent permitted by applicable law, the Application and its crowdsourced networks are provided "as is" and "as available," with all faults and without warranty of any kind. Licensor hereby disclaims all warranties, express, implied, or statutory.
12. Limitation of Liability
To the extent not prohibited by law, in no event shall Licensor be liable for vessel damage, groundings, collisions, personal injury, drowning, property loss, or any incidental, special, indirect, or consequential damages whatsoever arising out of or related to your use or inability to use the Application, including reliance on crowdsourced data or AIS feeds, however caused.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Wyoming, USA, excluding its conflicts of law rules. Admiralty and maritime laws may apply where applicable.
14. Contact Information
If you have any questions about this Agreement, please contact us:
- Email: hookedanchorapp@gmail.com
- Sky Software LLC, 30 N Gould St #R, Sheridan WY 82801