These Terms of Service ("Terms") are a binding agreement between you and Nalod Associates LLC ("we," "us," or "our") and govern your access to and use of The Musky Library mobile application and any related services we provide (together, the "Service"). By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Please read the "Dispute Resolution & Binding Arbitration" section carefully — it requires most disputes to be resolved through individual arbitration and waives your right to participate in a class action.
1. Eligibility
The Service is offered to users in the United States and Canada. You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian. By using the Service you represent that you meet these requirements.
2. License to Use the Service
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the Service for your own personal, non-commercial use. You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of the Service, except where such restrictions are prohibited by law.
3. Your Account
Some features require an account. You are responsible for the information you provide, for keeping your login credentials secure, and for all activity that occurs under your account. Notify us promptly of any unauthorized use.
4. Your Content
The Service lets you create and store content such as lures, catches, photos, depth logs, waypoints, and notes ("Your Content"). You retain ownership of Your Content. You grant us a limited license to host, store, back up, process, and display Your Content solely to operate and provide the Service to you.
You are responsible for Your Content and for ensuring your use of the Service complies with all applicable laws and fishing regulations, including licensing, season, size, and catch limits in your jurisdiction. The Service is a record-keeping tool and does not provide legal or regulatory advice.
5. Subscriptions, Billing & Auto-Renewal
The Service is free to use within its free-tier limits (50 lures and 1 photo per lure and catch). The Musky Library Pro is an optional auto-renewing subscription that unlocks unlimited lures, unlimited photos, and Waypoints.
- Pricing. $3.99/month or $34.99/year in the US, and $4.99/month or $49.99/year in Canada (the price shown in the App Store at purchase applies).
- Billing. Payment is charged to your Apple ID at confirmation of purchase and is processed by Apple, not by us.
- Auto-renewal. Your subscription renews automatically unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends.
- Managing & cancelling. You can manage or cancel your subscription anytime in your App Store account settings. Cancelling stops future renewals; the current paid period remains active until it ends.
- Restore purchases. If you reinstall the app or switch devices, you can restore an active subscription using "Restore Purchases" in the app; your access is tied to your App Store account.
- If Pro lapses. Your account returns to the free tier and your existing data is retained, though Pro-only features and limits will apply.
All purchases are also subject to Apple's applicable terms, and your license to use the app is additionally governed by Apple's standard Licensed Application End User License Agreement (EULA). Refunds, where available, are handled by Apple under its policies.
6. Acceptable Use
You agree not to:
- use the Service for any unlawful purpose or in violation of these Terms;
- interfere with, disrupt, or attempt to gain unauthorized access to the Service or its systems;
- upload content that infringes others' rights or that is unlawful; or
- use the Service to build or train a competing product or to scrape or harvest data.
7. Intellectual Property
The Service, including its software, design, logos, and content (excluding Your Content), is owned by Nalod Associates LLC and protected by intellectual-property laws. These Terms do not grant you any rights in our trademarks or branding.
8. Third-Party Services
The Service relies on third-party providers (for example, the App Store and our hosting, storage, subscription, and analytics providers). Your use of those services may be subject to their terms, and we are not responsible for third-party services we do not control.
9. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data will always be available or accurate.
10. Limitation of Liability
To the fullest extent permitted by law, Nalod Associates LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or fish, arising out of or relating to your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim or USD $50.
11. Indemnification
You agree to indemnify and hold harmless Nalod Associates LLC from any claims, damages, or expenses arising out of Your Content, your use of the Service, or your violation of these Terms or applicable law.
12. Dispute Resolution & Binding Arbitration
Please read this section carefully. It affects your legal rights.
Informal resolution first. Before starting an arbitration, you agree to contact us at support@muskylibrary.com and try to resolve the dispute informally for at least 30 days.
Binding arbitration. If we cannot resolve a dispute informally, you and Nalod Associates LLC agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be administered by a recognized arbitration provider under its consumer rules, and judgment on the award may be entered in any court of competent jurisdiction.
Location. The arbitration will be conducted by telephone, videoconference, or written submissions wherever possible. Any in-person hearing will be held in New York County, New York.
Class-action waiver. You and Nalod Associates LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
If any portion of this Section is found unenforceable, the remainder will remain in effect, except that if the class-action waiver is found unenforceable, this entire Section will be void.
13. Governing Law
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Subject to the arbitration provisions above, any claims not subject to arbitration will be brought exclusively in the state or federal courts located in New York.
14. Changes to the Service or These Terms
We may modify or discontinue the Service, and we may update these Terms from time to time. Material changes will be reflected by the "Last updated" date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
15. Termination
You may stop using the Service at any time and delete your account in the app (Settings → Account). We may suspend or terminate your access if you violate these Terms or to protect the Service. Sections that by their nature should survive termination will survive.
16. Contact
Questions about these Terms? Email support@muskylibrary.com.