TERMS OF SERVICE

1. AGREEMENT AND DEFINITIONS

In these Terms, an Operator is a fishing charter business or its authorized personnel using Hookset to manage business operations. A Booking Customer is an adult who makes or manages a booking through the Service. A Passenger is a person included in a booking. The term you refers to the person or business accepting these Terms.

An Operator accepts these Terms by creating an account or using the Service. If you act for a business, you represent that you have authority to bind it. A Booking Customer accepts these Terms by completing a booking. During checkout, Booking Customers receive separate links to these Terms and the Privacy Policy and must affirmatively accept the checkout legal disclosures before completing a booking.

Operator policies presented during checkout, including cancellation requirements and passenger rules, also apply to the charter. Those policies govern the charter relationship but do not modify Hookset's rights or obligations under these Terms. Electronic acceptance, signatures, and records have the same effect as paper versions to the extent permitted by law.

2. HOOKSET'S ROLE

Hookset provides technology for managing charter operations and facilitating bookings. The Service may include scheduling, listings, payments, communications, customer records, waivers, reporting, and distribution tools.

The Operator, not Hookset, offers and performs the charter. A completed booking creates a contract directly between the Booking Customer and the Operator. Hookset is not a party to that contract and does not own, operate, control, or crew the Operator's boats. Operators are independent businesses, not Hookset employees, agents, partners, or joint venturers.

Hookset does not endorse or guarantee an Operator, charter, listing, or outcome. Any credential review is limited to the documents submitted and does not replace the Operator's duty to remain licensed, insured, safe, and compliant with law.

3. TERMS FOR OPERATORS

3.1 Accounts and Authorized Users

An Operator must be at least 18 years old and provide accurate, current, and complete account information. The Operator is responsible for its credentials, authorized users, account activity, and prompt notice of suspected unauthorized access.

3.2 Listings and Business Information

The Operator is responsible for the accuracy and legality of its trip descriptions, prices, availability, capacity, meeting details, policies, photos, claims, and other content. The Operator must honor accepted bookings and advertised terms, subject to its disclosed cancellation policy and applicable law. Hookset may correct technical display errors or suspend content that is inaccurate, unlawful, misleading, or harmful to the Service or its users.

3.3 Licenses, Insurance, Safety, and Taxes

The Operator is solely responsible for its boats, equipment, captains, crew, safety decisions, charter operations, taxes, and compliance with applicable laws. The Operator must maintain all required permits, registrations, licenses, and insurance, including a current captain's license, current charter insurance, and a current charter fishing license when applicable.

3.4 Distribution Verification

An Operator seeking placement through a Hookset marketplace, Hookset partner website, or online travel agency must submit the documentation requested for verification and keep it current. Hookset may suspend or remove a listing if required documentation is missing, expired, inaccurate, or cannot be verified. Hookset does not routinely verify an Operator that uses the Service only through the Operator's own website.

3.5 Customer Records

Information received through Hookset may be used only to administer and fulfill the applicable charter, communicate about the trip, comply with legal or safety obligations, and maintain required business records. The Operator may not sell the information or use it for advertising or marketing unless it independently obtains legally sufficient consent from the individual.

Operators may export available records and may add direct, telephone, walk-up, and historical customers. The Operator is responsible for protecting exported information and for having the right to provide imported information to Hookset. Hookset does not grant permission to market to any person, and exporting information does not expand the Operator's rights to use it.

4. TERMS FOR BOOKING CUSTOMERS

A Booking Customer must be at least 18 years old, have legal capacity to enter a contract, and provide accurate contact, booking, payment, and passenger information. Booking Customers do not currently create Hookset accounts.

You may book for other Passengers only when authorized to do so. Minors may participate as Passengers, but an adult must complete the booking. An adult who provides a minor's information or signs on a minor's behalf represents that the adult has legal authority to do so and will communicate applicable rules and waiver terms to the Passenger.

Before completing a booking, you are responsible for reviewing the Operator, trip description, price, passenger requirements, cancellation policy, and other terms presented at checkout. You must follow reasonable Operator instructions concerning safety, conduct, equipment, meeting times, and participation.

Fishing charters and marine activities can involve weather, water, wildlife, equipment, transportation, physical exertion, and other inherent risks. The Operator, not Hookset, determines whether and how a charter may safely proceed. Nothing in these Terms limits rights or responsibilities that cannot be limited under applicable law.

5. PAYMENTS, FEES, AND TAXES

The Operator is the merchant of record for charter services. Payments are processed through the Operator's payment account using a payment service provider. The Operator is responsible for charter charges, receipts, refunds, disputes, and chargebacks. Complete payment card numbers are processed by the payment service provider and are not stored directly by Hookset.

Under Hookset's current published pricing, Operators are not charged monthly subscription fees or per-booking commissions. A Hookset convenience fee may be charged to the Booking Customer and will be disclosed before purchase. The Hookset convenience fee is non-refundable except where required by law. Hookset may change its pricing prospectively with notice required by law or an applicable agreement.

Each party is responsible for taxes imposed on that party. The Operator is responsible for determining, collecting, reporting, and remitting taxes associated with its charter services unless applicable law expressly assigns that obligation to another party.

6. BOOKINGS, CANCELLATIONS, AND REFUNDS

Each Operator establishes its availability, booking rules, cancellation policy, and refund policy. The applicable policy is displayed and accepted during checkout. The Operator is responsible for applying that policy and handling booking changes, cancellations, refunds, payment disputes, and chargebacks.

Weather, mechanical issues, government restrictions, safety decisions, and other circumstances may affect a charter. The Operator's disclosed policy and applicable law determine the Booking Customer's remedy. Hookset is not responsible for providing the charter or resolving disputes between the parties.

Listing or booking information may occasionally contain an obvious typographical, pricing, availability, or technical error. Hookset may correct an error in the Service and notify the affected parties. The Operator remains responsible for resolving any resulting charter charge, refund, or customer obligation.

7. OPERATOR WAIVERS

An Operator may choose whether to require a waiver. The Operator creates and controls the waiver, determines who must sign it, and is responsible for ensuring that its terms and questions are appropriate and lawful. Hookset does not provide legal advice or guarantee that a waiver is enforceable.

Hookset may deliver waiver requests, collect electronic signatures, and store completed waivers on the Operator's behalf. Completed waivers and related signatures are generally retained for at least seven years. If an Operator requests medical or other sensitive information through a custom waiver, the Operator is responsible for collecting, using, and protecting that information lawfully.

8. COMMUNICATIONS AND SMS

8.1 Service Communications

Hookset may send account, booking, payment, refund, security, support, and service notices by email, text message, in-product notice, or other contact method you provide. Operators may receive product and marketing communications and may use the unsubscribe option in those messages. Hookset does not currently send direct marketing communications to Booking Customers.

8.2 Hookset Transactional SMS Program

The Hookset Transactional SMS Program is optional, recurring, and non-marketing. A Booking Customer may affirmatively opt in through the optional, unchecked checkbox presented during checkout. Hookset is the sole sender of messages covered by this consent. Messages may include booking confirmations, payment or refund updates, trip reminders, and service-related notices.

Consent is voluntary and is not a condition of purchase. The person opting in represents that they are the subscriber or customary user of the mobile number, or are authorized to provide consent for it. Consent applies only to Hookset messages about the applicable booking. It does not authorize an Operator or another party to send separate texts and does not authorize marketing or promotional messages.

Message frequency varies with booking activity. Standard message and data rates may apply. Carriers are not liable for delayed or undelivered messages, and delivery is not guaranteed.

Reply STOP to opt out at any time. You may receive one confirmation message. No further messages covered by the opt-out will be sent unless you opt in again. Reply HELP for help. You may also contact support@hooksetapp.com.

Hookset text messaging is not a two-way customer support channel. Replies other than recognized opt-out and help keywords may not be monitored. Contact the Operator directly about the charter using the contact information provided with the booking. Our Privacy Policy describes how we handle mobile information and consent.

9. ACCEPTABLE USE

You may not:

• Use the Service for an unlawful or fraudulent purpose
• Submit false, misleading, infringing, abusive, harmful, or deceptive information or content
• Impersonate another person or misrepresent your identity, authority, credentials, or affiliation
• Access another account or nonpublic part of the Service without authorization
• Interfere with the Service, bypass safeguards, test for vulnerabilities without permission, or introduce malicious code
• Scrape, crawl, harvest, or systematically extract data except through functionality Hookset expressly provides
• Reverse engineer, copy, frame, resell, or commercially exploit the Service except as expressly permitted
• Use purchased contact lists, send unsolicited bulk messages, transfer messaging consent, or disregard an opt-out request
• Help another person engage in conduct prohibited by these Terms

10. CONTENT AND INTELLECTUAL PROPERTY

Hookset and its licensors own the Service, including its software, design, branding, documentation, and original content. Hookset grants you a limited, revocable, non-exclusive, non-transferable right to use the Service for its intended purpose while these Terms remain in effect.

An Operator retains ownership of content it submits. The Operator grants Hookset a non-exclusive, worldwide, royalty-free license to host, reproduce, format, display, distribute, and use that content as reasonably necessary to operate, secure, support, promote, and improve the Service and the distribution channels the Operator selects. The Operator represents that it has the rights needed to grant this license.

If you believe content on the Service infringes your rights, contact support@hooksetapp.com with enough detail for us to identify the work, locate the material, and evaluate the claim.

11. THIRD-PARTY SERVICES AND AVAILABILITY

The Service may use or link to third-party payment, messaging, distribution, calendar, mapping, analytics, and review services. Hookset does not control those services, and their terms and privacy policies apply to their services.

Hookset may add, change, suspend, or discontinue features and may perform maintenance that affects availability. We do not guarantee uninterrupted, error-free, or loss-free operation. You are responsible for maintaining copies of information you are required to preserve outside the Service.

12. SUSPENSION, TERMINATION, AND RETENTION

An Operator may close its account through available settings or by contacting Hookset. Hookset may suspend or terminate access, remove a listing, or limit functionality if an Operator violates these Terms, creates risk for customers or the Service, fails to maintain required credentials, does not pay an amount due, or if action is reasonably needed to comply with law or protect the Service.

Hookset generally retains Operator, booking, passenger, waiver, communication, consent, and transaction records for at least seven years. Account closure does not require deletion of records retained for legal, compliance, fraud-prevention, dispute-resolution, or other legitimate business purposes. Sections that by their nature should continue after termination will survive.

13. DISCLAIMERS AND LIMITATION OF LIABILITY

13.1 Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available." Hookset disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

Hookset does not warrant the accuracy of Operator content, the availability or suitability of a charter, the conduct of any Operator or Passenger, or any result from using the Service. Hookset is not responsible for an Operator's acts, omissions, services, safety decisions, communications, waivers, customer-data practices, or legal compliance, except to the extent responsibility cannot be excluded by law.

13.2 Limitation of Liability

To the maximum extent permitted by law, Hookset and its officers, directors, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business interruption, arising from the Service, a booking, a charter, an Operator, or these Terms, even if advised that the damages were possible.

To the maximum extent permitted by law, Hookset's total aggregate liability arising from the Service or these Terms will not exceed the greater of one hundred dollars or the fees paid directly to Hookset by you during the twelve months before the event giving rise to the claim. These limits do not apply to liability that cannot legally be limited.

14. INDEMNIFICATION

To the extent permitted by law, an Operator will defend, indemnify, and hold harmless Hookset and its officers, directors, employees, contractors, and agents from third-party claims, damages, losses, penalties, and reasonable legal fees arising from the Operator's charter services, boats, crew, listings, content, licenses, insurance, taxes, waivers, customer-data practices, independent communications, violation of law, or breach of these Terms.

Each user will indemnify Hookset for third-party claims arising from that user's unlawful use of the Service, infringement of another person's rights, or material breach of these Terms. Hookset will provide reasonable notice of a covered claim. No settlement may impose liability or an admission on Hookset without Hookset's written consent.

15. GOVERNING LAW AND GENERAL TERMS

Governing Law and Venue

Florida law governs these Terms without regard to conflict-of-law rules. Any dispute arising from these Terms or the Service must be brought in a state or federal court with jurisdiction in Volusia County, Florida, unless applicable law requires otherwise. You consent to the jurisdiction of those courts.

Force Majeure

Hookset is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, internet or utility failures, labor disputes, government actions, civil unrest, war, terrorism, epidemics, or failures of third-party networks or services.

Assignment

You may not assign these Terms without Hookset's written consent. Hookset may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

Entire Agreement and Order of Terms

These Terms, the Privacy Policy, and any additional terms expressly incorporated by reference form the entire agreement between you and Hookset concerning the Service. Operator policies govern the charter itself. If an Operator policy conflicts with these Terms concerning Hookset or the Service, these Terms control.

Severability, Waiver, and Third-Party Rights

If a provision is held unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. These Terms do not create rights for anyone other than you and Hookset, except for parties entitled to indemnification or liability protections under these Terms.

Notices and Survival

Hookset may provide notices by email, through the Service, or by posting them on our website. Provisions concerning fees, ownership, data handling, disclaimers, liability, indemnification, disputes, and any terms that by their nature should survive will continue after termination.

16. CHANGES AND CONTACT INFORMATION

Changes to These Terms

We may update these Terms from time to time. We will post the revised Terms, update the effective date, and provide any additional notice required by law. Material changes apply prospectively. Continued use after the effective date means you accept the revised Terms.

Contact Us

Questions and legal notices may be submitted using the following contact information:

• Online: Hookset contact page
• Email: support@hooksetapp.com
• Mail: Hookset, 386 S. Atlantic Ave., #1024, Ormond Beach, FL 32176