Terms
Terms of use
The agreement between you and Pelagic State when you use our website and charts. Please read the safety section in particular.
1. About these terms
These terms apply to your use of pelagicstate.com, charts.pelagicstate.com and any Pelagic State app (together, the “service”). By using the service or creating an account, you agree to them. If you don't agree, please don't use the service.
“We” and “us” means Pelagic State, based in New Zealand.
2. Important safety information
Pelagic State is not for navigation and is not a safety service.
The service shows information derived from satellites, ocean models and charts. That information can be delayed, incomplete, inaccurate or unavailable. Modelled layers, including Pelagic Zone Edges, Current Eddies and forecast layers, are estimates, not observations. Nothing in the service guarantees that fish will be present, or that conditions are safe.
- Always carry and use official nautical charts and proper navigation equipment.
- Check official marine weather forecasts and warnings (such as MetService) before and during every trip.
- Follow Maritime New Zealand guidance, carry the right safety equipment and tell someone your plans.
- Follow the fishing rules for the area you're in, including size and bag limits, closed areas and marine reserves.
- You, and the skipper of any vessel, are always responsible for decisions about safety, navigation and fishing.
3. Your account
- Give us a correct email address and keep your password private. You're responsible for activity on your account.
- Accounts are for one person. Please don't share your sign-in.
- Each person is entitled to one free trial. Creating extra accounts to get more trials isn't allowed.
- You must be 16 or older to create an account, or have a parent or guardian create and manage it for you.
4. Plans, trials and payments
We offer a free demo, a Free account, and paid Lite and Pro plans. What each plan includes is shown on our Pricing page and may change over time.
New accounts receive a 14-day Pro trial with no card required. When the trial ends, the account moves to the Free plan.
When paid plans open, prices, billing periods and how to cancel will be shown before you subscribe, and further payment terms will apply. “Unlimited” items in Pro are subject to fair use.
5. Acceptable use
Please don't:
- copy, scrape, download in bulk, resell or redistribute the charts or data, except for your own personal use
- try to get around plan limits, access controls or security, or access other people's accounts
- interfere with or overload the service, or reverse-engineer it except as the law allows
- use the service for anything unlawful
6. Your content
Your marks, waypoints, trips, notes and tracks belong to you. You give us permission to store, process and sync them so we can provide the service to you. If you send us feedback or ideas, we may use them to improve Pelagic State without owing you anything.
7. Our content and third-party data
The service, including its design, software, maps and derived layers, belongs to Pelagic State or our licensors. Much of the underlying data comes from third parties under their own licences; they are credited on our Data sources page and don't endorse Pelagic State.
8. Availability and changes
We work hard to keep the service running and the data current, but we can't promise it will always be available, uninterrupted or error-free. Data providers can change or stop their services. We may change, add or remove features, layers or coverage areas, and parts of the service may be in testing (beta).
9. Your consumer rights
If you're a consumer in New Zealand, you have rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 that can't be excluded. Nothing in these terms limits those rights. If you use the service for a business, the Consumer Guarantees Act doesn't apply, to the extent the law allows.
10. Liability
To the extent the law allows, we aren't liable for any loss or damage arising from your use of, or reliance on, the service or its data, including any decision about navigation, safety or fishing, and any indirect or consequential loss.
To the extent the law allows, our total liability to you for any claim related to the service is limited to the amount you paid us in the 12 months before the claim, or NZ$100 if you haven't paid us anything.
11. Ending your use
You can stop using the service at any time, and ask us to delete your account by emailing support@pelagicstate.com. We may suspend or close accounts that break these terms or misuse the service.
12. Changes to these terms
We may update these terms. If we make an important change, we'll let account holders know. Continuing to use the service after a change means you accept the updated terms.
13. Law and contact
These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction. Questions? Email support@pelagicstate.com.