Terms of Service

Welcome to Derby.Fish. By downloading, installing, or using our mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using the App.

1. Acceptance of Terms

By using Derby.Fish, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, please do not use the App.

2. End User License Agreement (EULA)

Derby.Fish grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the App, subject to these Terms. The scope of permitted use depends on your role:

• Anglers. Individual anglers receive a limited, personal, non-exclusive, non-transferable license to use the App to log catches, participate in derbies and leagues, and use the App's social and verification features.
• Captains, charter operators, and derby organizers. Holders of a valid Captain Badge (or other applicable subscription) are expressly authorized to use the captain/organizer features for commercial purposes, including running paid derbies and charters, managing participant entries, and administering prizes, in accordance with these Terms and any per-derby rules they publish.

Whether you use the App as an angler or as a captain/organizer, the license remains personal to you, is non-transferable, and is subject to these Terms. The license does not include the right to:

• Modify or create derivative works of the App
• Copy, distribute, or disclose any part of the App in any medium, except as expressly permitted by these Terms
• Attempt to decompile or reverse engineer any software contained in the App
• Sublicense, sell, rent, lease, or otherwise transfer your license or account to any other person

3. User Accounts

To use certain features of the App, you must create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Promptly update any changes to your account information
• Accept responsibility for all activities that occur under your account

4. Fair Play and Conduct

Users must adhere to the following rules:

• Submit only authentic catches and accurate information
• Comply with all local fishing regulations and laws
• Respect other users and maintain appropriate conduct
• Not engage in any form of cheating or manipulation

5. Content Ownership

By submitting content (including photos and videos) through the App, you:

• Retain ownership of your content
• Grant Derby.Fish a worldwide, non-exclusive license to use, modify, and display the content
• Confirm you have the right to share the content

6. Prohibited Activities

You agree not to:

• Use the App for any illegal purpose
• Submit false or misleading information
• Interfere with the proper operation of the App
• Attempt to gain unauthorized access to the App or its systems

7. Termination

Derby.Fish reserves the right to suspend or terminate your access to the App at any time for violations of these Terms or for any other reason at our discretion.

8. Disclaimers and Limitations

The App is provided "as is" without warranties of any kind. Derby.Fish is not responsible for:

• Accuracy of user-submitted content
• Any losses or damages resulting from use of the App
• Technical issues or interruptions in service

9. Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of the App after any changes constitutes acceptance of the new Terms.

10. Governing Law and Venue

The App and Service are operated by AGFarms LLC, a Delaware limited liability company. These Terms, and any dispute arising out of or relating to these Terms or the App, are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Disputes are resolved through binding individual arbitration as described in Section 17. For any claim that is not subject to arbitration (including the carve-outs in Section 17), you and AGFarms LLC agree to the exclusive jurisdiction of the state and federal courts located in Delaware, and you waive any objection to venue in those courts.

11. Compete Badge — Auto-Renewable Subscription

The Compete Badge is offered as an auto-renewable subscription with the following characteristics:

• Price: USD $20.00 per season (quarterly cadence — Spring, Summer, Fall, Winter). Up to USD $80.00 per year if the user maintains the subscription across all four seasons.
• Length of subscription period: one season (approximately three months).
• Auto-renewal: unless the subscription is cancelled at least 24 hours before the end of the current season, the subscription will automatically renew for the next season at the then-current price.
• Cancellation: users may cancel at any time by managing their subscription in Apple ID Settings (iOS) or Google Play Subscriptions (Android). Cancellation takes effect at the end of the current paid season; the user retains Compete Badge entitlement for the remainder of the season.
• Skipping a season: members may skip an upcoming season; no charge will be incurred for the skipped season and the subscription will automatically resume the season after.
• No free trial or introductory pricing. The Compete Badge / Season Pass does not include a free trial or introductory-price period; it bills at the price described above with no trial period. The one-time 3-BAIT signup bonus is a promotional in-app credit, not a recurring or auto-renewing trial, and does not convert into a paid subscription.
• Privacy & Terms links are presented at the point of purchase, as required by Apple and Google store policies.

12. Captain Badge — Auto-Renewable Subscription

The Captain Badge is offered as an auto-renewable annual subscription:

• Price: USD $60.00 per year.
• Length of subscription period: one year.
• Auto-renewal and cancellation disclosures track Section 11 above, except that the renewal window is annual rather than quarterly. As with the Compete Badge, the Captain Badge does not include a free trial or introductory-price period.

13. BAIT — Consumable In-App Purchase

BAIT is a consumable in-app purchase used inside DerbyFish to pay for catch verification and related services.

• No cash value. BAIT is not redeemable, refundable, or exchangeable for cash or any other thing of monetary value outside DerbyFish, except where required by Apple App Store or Google Play store policies governing in-app purchases.
• Non-transferable. BAIT balances are tied to the purchasing account and cannot be transferred between accounts.
• Non-refundable except per store policy. Once consumed (i.e., spent on a verification or other in-app service), BAIT is not refundable. Pre-consumption refund requests are handled by Apple or Google under their respective store policies; DerbyFish does not issue cash refunds for BAIT outside those channels.
• Earning BAIT in-app (e.g., via rewarded video advertisements or community-verification work) is not a purchase and creates no purchase-equivalent rights.

14. Verified Fishing Sessions — Verification and Disputes

By using the Verified Fishing Session ("VFS") feature, the user agrees that:

• DerbyFish (and its automated and human reviewers) may inspect submitted evidence — including photos, video, sensor traces, and location samples taken during the VFS — for the purpose of verifying the catch.
• DerbyFish may deny verification, downgrade verification confidence, or revoke a previously-issued FishCard if evidence is found to be falsified, manipulated, or to violate these Terms.
• BAIT spent on a verification that is denied is not automatically refunded, except as provided by the dispute process below.
• Dispute process: Submissions are first reviewed through automated checks and community verification. If a verification is rejected, the angler may request a human (captain) re-review within 14 days of the rejection by emailing support@derby.fish with the catch details. DerbyFish targets resolving re-review requests within 7 business days. If a rejection is overturned on re-review, any BAIT spent on that verification is re-credited to the angler's account. If a re-review upholds the rejection, the angler retains any rights available under the dispute resolution provisions in Section 17.

15. Derby and League Participation

Derbies and leagues hosted on DerbyFish are skill-based competitions. Outcomes are determined by verified catch performance (e.g., length, weight, species, time of catch) under published rules, and not by chance.

• DerbyFish does not operate gambling or sweepstakes products. Entry fees, where charged, are consideration for participation in a skill-based competition.
• Official Rules. A single global set of Official Rules governs all derbies and leagues on DerbyFish, covering eligibility, conduct, and void-where-prohibited terms. Each derby is additionally subject to the per-derby terms set by its organizer at derby creation (such as boundaries, eligible species, scoring, and prizes). Where a per-derby term conflicts with the global Official Rules, the global Official Rules control unless the per-derby term is more restrictive.
• Skill-based; no purchase necessary where required. Derbies are skill-based competitions in which the outcome is determined by fishing skill, not chance. For any derby that has a paid entry and offers a prize, a free alternative method of entry ("no purchase necessary") is made available where required by applicable law.
• Users participating in a derby or league represent that they are eligible under the rules of that competition (including age, residency, and any required licensing) and that their submissions accurately reflect actual catches.

16. Captains and Charter Operators

Charter captains and tournament hosts who run derbies on DerbyFish are independent operators. They are not employees, agents, partners, or joint venturers of DerbyFish.

• DerbyFish provides the platform; the captain or host is solely responsible for the conduct of their derby, including any on-water activity, any communications with participants outside the DerbyFish platform, and any prizes they elect to offer.
• DerbyFish disclaims liability for the acts and omissions of captains and tournament hosts, except as expressly required by applicable law.
• Holding a Captain Badge does not constitute endorsement, certification, or vetting of the badge holder by DerbyFish beyond verification of subscription payment.

17. Dispute Resolution — Binding Arbitration and Class Waiver

Please read this Section carefully — it affects your legal rights. Except for the carve-outs below, you and AGFarms LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration, and not in a court, except that either party may bring an individual claim in small-claims court.

• Arbitration administration. Arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by these Terms.
• Class-action and class-arbitration waiver. Disputes will be arbitrated only on an individual basis. You and AGFarms LLC waive any right to bring or participate in a class action, collective action, or class arbitration, and the arbitrator may not consolidate more than one person's claims.
• 30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing team@derby.fish with the subject line "Arbitration Opt-Out" and your account email. Opting out does not affect any other part of these Terms.
• Carve-outs. This Section does not apply to (a) claims that may be brought in small-claims court, or (b) claims for intellectual-property infringement or for injunctive or other equitable relief, which may be brought in court.

If the class-action / class-arbitration waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the remainder of this Section survives. This Section survives termination of these Terms or your account.

Contact Us

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

team@derby.fish