Last updated: May 2, 2026
PLEASE REVIEW THESE TERMS OF USE (“TOU” OR “TERMS”) CAREFULLY. BY CLICKING “I AGREE,” MAKING A PURCHASE THROUGH THE SERVICE, REGISTERING FOR AN ACCOUNT, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU.
These Terms constitute a legally binding agreement between you and Southeast Angler, LLC (also known as Southeast Angler and SE Angler; referred to herein as “FishWhistle,” “we,” “us,” or “our”). The Service includes our websites, mobile applications, hardware products, and predictive fishing intelligence platform, collectively referred to as the “Service.”
BY USING THE SERVICE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING CONTRACT. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
These Terms include an agreement to resolve disputes by binding arbitration and a class action waiver. Please review §18 carefully.
If you do not agree to these Terms, do not access or use the Service.
Our Privacy Policy governs our collection and use of your personal information and is incorporated into these Terms by reference. By using the Service, you acknowledge that we may collect and use your information consistent with that policy.
Subject to your compliance with these Terms and your applicable subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. Mobile applications may be installed on devices that you personally own or control. All rights granted to you under these Terms are subject to your compliance with the Terms in all material respects.
Use of the Service under a Southeast Angler Enterprise agreement is subject to the applicable enterprise license agreement, which supplements and, where inconsistent, supersedes these Terms.
The Service and all content, features, software, and technology within it — including prediction models, mapping data, icons, graphics, and text — are owned by Southeast Angler, LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any ownership interest in the Service or its content. You may not reverse engineer, decompile, disassemble, frame, or repurpose any part of the Service or its materials.
You may not:
You may browse portions of the Service without registering, but most features require an account. When registering, you must provide accurate, current, and complete information and keep it up to date. You are fully responsible for all activities that occur under your account. You may not share your password or allow others to access your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account. We reserve the right to terminate accounts that violate these Terms.
You are responsible for all data, cellular, and communications charges incurred in connection with your use of the Service. Purchases made through a third-party app store (such as Apple App Store or Google Play) are subject to that platform’s billing policies, and refunds for such purchases must be requested through the applicable platform.
Paid subscriptions are billed in advance on a recurring basis (monthly or annual, as selected) and auto-renew unless cancelled at least 24 hours before the end of the current billing period. You authorize us to charge the payment method on file for each renewal period. Uninstalling a mobile app will not automatically cancel your subscription or turn off auto-renewal. You must cancel through your account settings or by contacting us. Your access to the Service may be suspended or terminated if payment is not received on time or in full.
We will provide at least 30 days’ notice of price increases. No refunds are issued for partial subscription periods except as required by applicable law.
All information, maps, data, text, software, photographs, images, graphics, videos, messages, and other materials accessible through the Service (“Content”) — whether publicly posted or privately transmitted — are the sole responsibility of the person from whom such Content originated. This means that you, and not FishWhistle, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available through the Service.
We reserve the right (but not the obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any Content. You warrant that your submitted Content does not violate the rights of any third party, contains no false or misleading statements, and complies with all applicable laws.
FishWhistle does not claim ownership of Your Content. However, by submitting Content to the Service, you grant FishWhistle and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, and distribute Your Content in connection with operating and improving the Service, including for the purpose of improving prediction accuracy using aggregated and anonymized data. We will not share your identifiable Content with third parties without your direction.
“FishWhistle,” “Southeast Angler,” “SE Angler,” and related logos and marks are trademarks of Southeast Angler, LLC. You may not use our trademarks without prior written permission.
You agree not to use the Service to:
If you provide or make available to FishWhistle any suggestions, comments, ideas, improvements, or other feedback relating to the Service (“Suggestions”), FishWhistle shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, and otherwise exploit your Suggestions for any purpose, without compensation or attribution to you.
Your dealings with any third parties who market, sell, buy, or offer goods or services through or in connection with the Service are solely between you and the applicable third party. FishWhistle assumes no liability for any loss, damage, or dispute arising from such dealings. You are responsible for reviewing and complying with any terms or policies of third-party services you access through the Service.
The Service may contain links to third-party websites, data sources, or other external materials, including NOAA, NWS, and USGS. FishWhistle does not endorse and is not responsible for any content, accuracy, advertising, products, services, or other materials on or available through such third-party resources. Your use of any third-party resource is at your own risk and subject to that resource’s own terms and privacy policies.
FishWhistle may offer access to data APIs, embeddable widgets, RSS feeds, or other data distribution products (“Data Services”) as part of a subscription or enterprise agreement. Data Services are for non-commercial use only unless expressly authorized in writing. You may not edit, modify, resell, or redistribute Data Services output without our prior written consent. Any permitted use of Data Services must display content in its complete form with original branding intact. FishWhistle retains all copyright ownership and other legal rights in the Data Services. We reserve the right to rate-limit or suspend Data Services access for abuse or overuse.
FishWhistle reserves the right at any time to modify, suspend, or discontinue the Service (or any portion thereof) with or without notice. If we discontinue a paid feature or subscription tier to which you are actively subscribed, we will provide a prorated refund for the unused portion of your current billing period. Updates to the Service (including mobile apps) may be installed automatically without additional notice or consent.
FishWhistle reserves the right to change these Terms at any time upon notice to you. We will provide notice of material changes via email or a prominent in-app notification. Updated Terms will bind you upon your next use of the Service following the notice. Your continued use of the Service after that point constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Service.
You will indemnify and hold FishWhistle and its affiliates, and each of their officers, directors, employees, agents, partners, and licensors harmless from and against any claim, demand, loss, damage, cost, liability, and expense (including reasonable attorneys’ fees) resulting from or arising out of your: (a) access to or use of the Service; (b) violation of these Terms or any applicable law or regulation; or (c) violation of any rights of another party, including any third-party intellectual property or privacy rights.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND FISHWHISTLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FISHWHISTLE MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.
THE CONTENT MADE AVAILABLE THROUGH THE SERVICE DOES NOT CONSTITUTE A LEGAL SURVEY AND SHOULD NOT BE RELIED UPON AS ONE. DO NOT USE THE SERVICE FOR ANY PURPOSE REQUIRING PRECISE DIRECTION, DISTANCE, LOCATION, OR CURRENT CONDITIONS.
You are solely responsible for confirming the accuracy of any information before taking action based on it. IT IS YOUR RESPONSIBILITY TO:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FISHWHISTLE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (“FISHWHISTLE PARTIES”) SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF FISHWHISTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE FISHWHISTLE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT PAID BY YOU TO FISHWHISTLE FOR ACCESS TO THE SERVICE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS FISHWHISTLE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION FOR PROPERTY DAMAGE, BODILY INJURY, OR WRONGFUL DEATH ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING USE OF ANY DATA, PREDICTIONS, OR CONTENT OBTAINED THROUGH THE SERVICE IN CONNECTION WITH ON-WATER OR OUTDOOR ACTIVITIES. This release does not apply to claims arising from FishWhistle’s gross negligence or willful misconduct.
THE SERVICE IS NOT A NAVIGATIONAL AID AND IS NOT INTENDED TO BE USED AS THE PRIMARY MEANS OF NAVIGATING A WATERCRAFT. DO NOT RELY ON THE SERVICE FOR VESSEL NAVIGATION. Always use certified marine navigation equipment and official nautical charts. FishWhistle assumes no liability for any loss, injury, or damage arising from use of the Service in connection with the operation of a watercraft.
You acknowledge that the limitations in this section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between you and FishWhistle, without which FishWhistle would not have made the Service available to you.
The exclusions of damages in §17 are independent of any exclusive remedy provided under these Terms and shall survive and apply even if any exclusive remedy is found to have failed its essential purpose. The limitations of liability in §17 apply regardless of the form of action, whether based in contract, warranty, tort (including negligence), strict liability, misrepresentation, or any other legal or equitable theory, to the fullest extent permitted by applicable law.
In the event that you violate these Terms: (a) all rights granted to you under these Terms shall terminate immediately, with or without notice; (b) you must immediately cease using the Service; and (c) FishWhistle, in its sole discretion, may remove and discard Your Content. We may also suspend or terminate your access for any other reason at any time. Sections that by their nature should survive termination will survive, including §7, §9, §15, §16, §17, §18, §20, and §21.
These Terms shall be governed by and construed in accordance with the United States Federal Arbitration Act, other applicable federal law, and the laws of the State of Georgia, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and does not apply to these Terms.
ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS OTHERWISE QUALIFY. Either party may also seek injunctive or other equitable relief from a court of competent jurisdiction to protect intellectual property rights or prevent unauthorized access to the Service.
Arbitration shall be administered by JAMS under its then-current Streamlined Arbitration Rules and conducted in English before a single neutral arbitrator. FishWhistle will pay all JAMS filing and administrative fees for claims that qualify under JAMS’s consumer fee schedule. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction sitting in Glynn County, Georgia.
WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. YOU AND FISHWHISTLE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
For any dispute not subject to arbitration, or if you opt out of arbitration pursuant to §21(d), you consent to the exclusive jurisdiction of a court of competent jurisdiction sitting in Glynn County, Georgia. Both parties waive any objection to such venue.
You may opt out of the arbitration agreement within 30 days of first agreeing to these Terms by sending written notice to [email protected] with the subject line “Arbitration Opt-Out.” If you opt out, disputes will be resolved exclusively in court pursuant to §21(c).
Before initiating any arbitration or court proceeding, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
The Service is operated from the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. By using the Service, you consent to the transfer, storage, and processing of your information to and in the United States and other countries where FishWhistle or its service providers operate. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
The Service and all related documentation qualify as “commercial computer software” and “commercial computer software documentation” as defined in applicable federal acquisition regulations. U.S. Government entities acquire only the rights expressly granted in these Terms, consistent with 48 C.F.R. §§ 12.212 and 227.7202.
Except as otherwise expressly provided in these Terms (including the Apple provisions in §27), there are no third-party beneficiaries to these Terms.
We respect intellectual property rights. If you believe any content on the Service infringes your copyright, please send a notice containing the information required by 17 U.S.C. § 512(c)(3) — including a description of the copyrighted work, identification of the allegedly infringing material, your contact information, a good-faith belief statement, and an accuracy certification under penalty of perjury — to our Copyright Agent at:
Submitting a false DMCA notice may result in liability for damages under 17 U.S.C. § 512(f). We may terminate the accounts of repeat infringers.
FishWhistle may give you all notices (including legal process) that we are required to provide by any lawful method, including by making notice available through the Service or by sending it to any email or mailing address you have provided to us. You should send notices to FishWhistle at [email protected].
These Terms, together with our Privacy Policy and any applicable enterprise or supplemental agreements, constitute the entire agreement between you and FishWhistle concerning the Service and supersede all prior agreements and understandings on the subject matter.
If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, acts of government, power failures, or internet disruptions.
For mobile applications downloaded from the Apple App Store: the parties acknowledge that these Terms are concluded between you and FishWhistle only, and not with Apple, Inc. Apple is not responsible for the mobile application or its content. FishWhistle, not Apple, is solely responsible for any claims relating to the mobile application, including product liability claims, consumer protection claims, regulatory compliance, and intellectual property infringement claims. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to the iOS mobile application, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
For questions about these Terms, contact us at [email protected].