Terms of Service

By creating an account, accessing, or using Nomad Path, you acknowledge and agree that:

• You are at least 13 years of age
• If you are under 18, you have obtained parental or guardian consent and they have reviewed and agreed to these Terms on your behalf
• You have the legal capacity to enter into a binding agreement
• All registration information you submit is truthful, accurate, and complete
• You will maintain the accuracy of such information and update it promptly if it changes
• You are not prohibited from using the Service under the laws of the United States or any applicable jurisdiction
• You have read and understood the disclaimers and limitations of liability contained herein

Nomad Path provides a hunting and fishing intelligence platform for the Upper Midwest region, currently supporting Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin. Our Service includes:

• Season Opener Alerts: Notifications for hunting and fishing season openers and regulation deadlines
• Fish Stocking Reports: Updates on fish stocking events from state agencies
• Trip Planning Tools: Plan, track, and log hunting and fishing trips with equipment checklists
• Interactive Maps: Hunting zones, water bodies, county boundaries, and geographic features
• Season Tracking: Current hunting and fishing season information and regulations summaries
• Weather Integration: Weather forecasts and conditions for trip planning (third-party data)
• Community Features: Social feed for sharing trip reports, photos, and comments (Premium tier)
• Activity Alerts: Customizable notifications for seasons, stocking events, and opportunities

4.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, whether authorized or unauthorized
• Notifying us immediately at customer.service@nomadpath.net of any unauthorized use or security breach
• Ensuring your account information is accurate and current
• Logging out of your account at the end of each session when using shared devices

4.2 Prohibited Conduct

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any federal, state, or local laws
• Share false, misleading, or inaccurate information, including fabricated trip reports or catch claims
• Impersonate any person or entity, or falsely claim affiliation with any person or entity
• Harass, threaten, stalk, defame, or abuse other users
• Post content that is obscene, offensive, discriminatory, hateful, or infringes on others' rights
• Attempt to gain unauthorized access to our systems, other users' accounts, or protected data
• Introduce viruses, malware, or other harmful code into the Service
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Share copyrighted material without proper authorization
• Use the Service to spam, phish, or distribute unsolicited commercial messages
• Circumvent subscription limits, access controls, or security measures
• Create multiple accounts to abuse free tier limits or promotional offers
• Share your account credentials with others or allow others to access your account

You agree NOT to:

• Scrape, crawl, or use automated tools (including bots, spiders, scripts, or AI systems) to access, extract, or collect data from the Service
• Reverse engineer, decompile, or disassemble any part of the Service, including our APIs, algorithms, or data structures
• Copy, reproduce, or redistribute data obtained from the Service for commercial purposes
• Build competing products or services using data or insights obtained from our Service
• Resell, license, or sublicense access to the Service or any data obtained through it
• Use data for training AI/ML models without explicit written permission from Nomad Path
• Access the Service through unauthorized APIs or interfaces not provided by Nomad Path
• Exceed rate limits or make excessive requests that could degrade Service performance

Violation of these restrictions may result in immediate account termination, legal action, and liability for damages.

6.1 Subscription Tiers

Nomad Path offers three subscription tiers:

• Free: Limited access to basic features with monthly trip limits and single-state access
• Pro: Enhanced features including unlimited trips, multi-state access, and priority alerts
• Premium: Full platform access including social/community features, analytics, and premium support

6.2 Billing and Payment

• Subscriptions are billed monthly or annually based on your selection at the time of purchase
• Payments are processed securely through Stripe; we do not store your full payment card details
• You authorize us to charge your payment method for recurring subscription fees automatically
• Prices are subject to change with 30 days' advance notice to active subscribers
• Failed payments may result in service suspension, downgrade to Free tier, or account termination
• You are responsible for any applicable taxes on your subscription

6.3 Cancellation and Refunds

• You may cancel your subscription at any time from your account settings
• Cancellations take effect at the end of your current billing period. You retain full access to your paid tier until then, after which your account will automatically downgrade to the Free tier
• No refunds or credits are provided for partial subscription periods or unused time
• Refunds may be issued at our sole discretion for documented technical issues that prevented Service use
• Annual subscriptions are non-refundable after 14 days from purchase date

6.4 Free Trial

We may offer free trial periods for paid subscriptions. If you do not cancel before the trial ends, you will be automatically charged for the subscription. Trial eligibility is limited to one per user; creating multiple accounts to obtain additional trials is prohibited and may result in account termination.

7.1 Ownership and License

You retain ownership of all content you post to Nomad Path, including trip reports, photos, comments, and ratings. However, by posting content, you grant Nomad Path a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, display, reproduce, modify, adapt, distribute, and create derivative works from your content in connection with the Service, including for promotional purposes, service improvement, and analytics.

7.2 Content Standards

All user content must:

• Comply with all applicable laws and regulations
• Be respectful and appropriate for a diverse audience including families
• Not violate any third party's intellectual property, privacy, or other rights
• Not contain personal information of others without their consent
• Accurately represent your experiences (no fabricated or misleading trip reports)
• Not promote illegal hunting or fishing practices
• Not disclose locations of endangered species or sensitive habitats

7.3 Content Moderation and Removal

We reserve the right, but have no obligation, to:

• Review, monitor, edit, or remove any user content at our sole discretion, with or without notice
• Suspend or terminate accounts that violate these Terms or post inappropriate content
• Report illegal activity or content to appropriate law enforcement authorities
• Preserve and disclose content if required by law or to protect our rights

No Backup Obligation: We are not responsible for backing up, preserving, or restoring your content. You are solely responsible for maintaining copies of any content you post.

The Service, including its design, features, graphics, code, databases, and content (excluding user-generated content), is owned by Nomad Path and protected by copyright, trademark, trade secret, and other intellectual property laws. You acknowledge that:

• You receive no ownership rights in the Service or its intellectual property
• The Nomad Path name, logo, and all related marks are our trademarks
• You may not copy, modify, adapt, or distribute our proprietary content without written permission
• You may not use our trademarks or branding without authorization
• You may not create derivative works based on our Service
• You may not remove, alter, or obscure any copyright, trademark, or proprietary notices

Our Service incorporates data and services from third parties. You acknowledge and agree:

9.1 State Agency Data

Hunting season, tag availability, fishing stocking, and regulation information is aggregated from public sources provided by state wildlife agencies. This data may be delayed, incomplete, inaccurate, or outdated. We make no representations about the accuracy, completeness, or timeliness of this data.

9.2 Weather Data

Weather information is provided by third-party weather services. Forecasts are inherently uncertain and may be inaccurate. You should not rely solely on weather data from our Service for safety decisions.

9.3 Map and Geographic Data

Maps, hunting zone boundaries, water body locations, and geographic features are sourced from third parties including OpenStreetMap. Boundaries may be approximate and should be verified with official sources. We are not responsible for errors in mapping data or reliance on such data for navigation or property boundaries.

9.4 Equipment Suggestions

Any equipment recommendations, checklists, or suggestions provided through the Service are for informational purposes only. You are solely responsible for selecting appropriate equipment for your activities and skill level.

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, timely, secure, or error-free
• Data from state agencies will be accurate, complete, current, or reliable
• Season alerts, stocking notifications, or season information will be timely or comprehensive
• Maps, boundaries, or geographic data will be accurate or current
• Weather forecasts will be accurate
• The Service will meet your specific requirements or expectations
• Any defects or errors will be corrected

10.2 No Hunting/Fishing Advice

Nomad Path provides informational tools only and does not provide hunting, fishing, safety, or legal advice. We are not responsible for:

• Ensuring your compliance with hunting and fishing regulations
• Verifying tag availability, season dates, or bag limits
• Your safety or the safety of others during outdoor activities
• Property access rights, trespassing violations, or boundary disputes
• Equipment failures, inadequate preparation, or poor decision-making
• Injuries, deaths, or property damage during outdoor activities

YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ALL INFORMATION WITH OFFICIAL STATE WILDLIFE AGENCIES AND FOR YOUR OWN SAFETY BEFORE AND DURING ANY HUNTING OR FISHING ACTIVITIES.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOMAD PATH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Personal injury, death, or property damage arising from your use of the Service
• Actions taken or not taken based on information from our Service
• Unauthorized access to or alteration of your data or transmissions
• Statements or conduct of any third party on the Service
• Any matter beyond our reasonable control

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless Nomad Path, its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Service
• Your violation of these Terms or any applicable law
• Your violation of any rights of any third party, including intellectual property, privacy, or publicity rights
• Any content you post, submit, or transmit through the Service
• Any hunting, fishing, or outdoor activities you engage in, regardless of whether information from our Service was used
• Any personal injury, death, or property damage caused by you or occurring during your outdoor activities
• Any fines, penalties, or legal proceedings arising from your violation of hunting, fishing, or wildlife regulations
• Any claims of trespassing, property damage, or unauthorized access to land
• Your negligence, recklessness, or willful misconduct

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense of such claims.

12.1 Termination by Us

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including if you:

• Breach any provision of these Terms
• Engage in prohibited conduct or data usage violations
• Fail to pay subscription fees when due
• Provide false, misleading, or fraudulent information
• Engage in activity that could harm our Service, reputation, or other users
• Are subject to legal proceedings or government requests

12.2 Termination by You

You may terminate your account at any time by using the account deletion feature in your settings or by contacting us at customer.service@nomadpath.net. Upon your request, we will delete your account in accordance with our Privacy Policy.

12.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• Your account and associated data may be deleted after a grace period (typically 90 days)
• You may request a copy of your data before deletion by contacting us
• All provisions of these Terms that should survive termination will survive, including ownership, warranty disclaimers, indemnity, and limitations of liability

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of South Dakota, United States, without regard to its conflict of law principles.

13.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except that either party may seek preliminary injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

13.2 Class Action Waiver

YOU AND NOMAD PATH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.3 Jury Trial Waiver

YOU AND NOMAD PATH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

13.4 Time Limitation

Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

We reserve the right to modify these Terms at any time at our sole discretion. We will notify you of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email notification for significant changes affecting your rights
• Displaying a prominent notice within the Service

Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may terminate your account.

• Severability: If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect
• No Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision
• Assignment: You may not assign or transfer these Terms without our written consent; we may assign them without restriction
• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Nomad Path regarding the Service
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or failures of third-party services
• Headings: Section headings are for convenience only and have no legal effect
• Notices: We may provide notices to you via email, posting on the Service, or other reasonable means. You may provide notices to us only by email to legal@nomadpath.net

If you have questions about these Terms, please contact us: