Version 2.0 · Effective
These Terms of Service ("Terms") are a binding agreement between you and PondShare LLC, a Florida limited liability company ("PondShare," "we," "us"), and govern your use of the PondShare website, mobile apps, and services (the "Service"). By creating an account, booking, listing, or otherwise using the Service, you agree to these Terms, our Privacy Policy, and the Liability Waiver & Host Agreement.
1. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to create an account. You are responsible for keeping your login secure and for all activity on your account. Information you provide must be accurate and kept up to date. Minors may attend a booking only when accompanied at all times by a parent or legal guardian who accepts the minor release on their behalf.
2. PondShare's role
PondShare is an online marketplace that connects anglers with owners of private ponds ("Hosts"). PondShare does not own, inspect, operate, manage, supervise, or control any property, and is not a party to the access arrangement between anglers and Hosts beyond providing booking, messaging, and payment tools. Hosts are independent and are not employees, partners, or agents of PondShare. PondShare does not screen users or properties and does not guarantee the identity, conduct, or reliability of any user, or the safety, condition, legality, or accuracy of any listing.
3. Host obligations
- You own the property or have written authority from the owner to grant paid access, and hosting does not violate any lease, HOA rule, deed restriction, zoning rule, or law.
- Your listing is accurate and complete, including location, access, parking, hazards, and rules.
- You keep the designated fishing area reasonably safe and disclose or repair non-obvious man-made hazards.
- You maintain your own liability and property insurance. PondShare provides no insurance.
- You connect a bank account through Stripe to receive payouts and agree to the Stripe Connected Account Agreement. You are responsible for your own taxes.
- You accept the Host Agreement on the Liability Waiver page.
4. Angler obligations
- The adult making the booking accepts the Liability Waiver for themselves and shares the risks and house rules with everyone in their party before entering the property. That acceptance does not itself waive another adult’s claims. A minor’s natural guardian must accept the minor release on that minor’s behalf.
- You arrive and leave within your booked window, stay in designated areas, and bring no more people than booked.
- You hold any fishing license required by law and follow all fishing regulations and the Host's house rules.
- You are responsible for any damage you or your party cause.
5. Fees and payments
Hosts set their own price, either as an hourly rate or a flat day rate covering a time window. Anglers pay the Host's rate plus a 15% PondShare service fee, shown before checkout. Hosts receive 100% of their rate, less any fees described in these Terms. Payments are processed by Stripe; by paying or receiving payouts you also agree to Stripe's terms. Host funds are released after a 24-hour hold once the booking completes and are deposited to the Host's connected bank account. PondShare may withhold or reverse a payout involved in a dispute, chargeback, or suspected fraud.
6. Cancellations and refunds
- Anglers may cancel up to 24 hours before the start of a booking for a refund. Inside the 24-hour window, bookings are locked and cannot be cancelled.
- Hosts may cancel a confirmed booking more than 24 hours before it starts. A 15% cancellation fee applies to Host cancellations, and the angler receives a refund.
- Weather, closures, and other conditions do not create a right to a refund unless the Host cancels or PondShare decides otherwise at its discretion.
7. Prohibited conduct
- Arranging payment outside the Service for bookings found through PondShare.
- Trespassing outside booked areas or times, or bringing unbooked guests.
- Swimming, or using watercraft, firearms, fireworks, or alcohol, unless the Host's listing expressly allows it and the law permits it.
- Fishing without a required license or in violation of fishing laws.
- Posting false, misleading, infringing, or unlawful listings or content.
- Harassment, discrimination, threats, or unsafe behavior toward other users.
- Scraping, reverse engineering, or otherwise interfering with or misusing the Service.
8. Your content
You keep ownership of photos, listings, and messages you post. You grant PondShare a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and adapt that content to operate, improve, and promote the Service. You confirm you have the rights to post it. We may remove content that violates these Terms.
9. Assumption of risk
Fishing and visiting private rural property carries inherent risks, including drowning, wildlife, terrain, and weather. You voluntarily assume all risks of entering and using any property you book, as further described in the Liability Waiver, which is part of these Terms.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, PONDSHARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PONDSHARE DOES NOT WARRANT THE SAFETY, CONDITION, LEGALITY, OR ACCURACY OF ANY PROPERTY OR LISTING, THE CONDUCT OF ANY USER, FISHING CONDITIONS, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) PONDSHARE AND ITS OWNERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND (B) PONDSHARE'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). PONDSHARE IS NOT LIABLE FOR INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM ANY PROPERTY OR FROM INTERACTIONS BETWEEN USERS. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
12. Dispute resolution
Please contact PondShare at support@pondshare.app to try to resolve a dispute informally. If it cannot be resolved, either party may bring a claim in a court with jurisdiction under Section 14. Nothing in these Terms waives rights or remedies that cannot be waived under applicable law.
Disputes between users should first be raised through in-app messaging and then with PondShare support. PondShare may review booking records and messages and may issue refunds or take action on accounts at its discretion, but is not obligated to resolve disputes between users.
13. Indemnification
You agree to defend, indemnify, and hold harmless PondShare and its owners, members, employees, and agents from any claims, losses, damages, liabilities, and costs (including reasonable attorneys' fees) arising from your use of the Service, your booking or listing, your property, your content, your conduct or your party's conduct, or your breach of these Terms or any law.
14. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Subject to any non-waivable rights under applicable law, you agree to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida.
15. Suspension and termination
You may close your account at any time. We may suspend, restrict, or close accounts or remove listings that violate these Terms or create risk for PondShare or other users. Sections that by their nature should survive, including 9 through 16, survive termination.
16. General
- Changes. We may update these Terms. We will notify you of material changes in the app or by email, and continued use after the effective date means you accept them.
- Force majeure. PondShare is not responsible for delays or failures caused by events beyond its reasonable control, including weather, natural disasters, outages, or government action.
- Severability. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect.
- Entire agreement. These Terms, the Privacy Policy, and the Liability Waiver & Host Agreement are the entire agreement between you and PondShare.
- Assignment. You may not transfer these Terms. PondShare may assign them in connection with a merger, acquisition, or sale of assets.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Electronic communications. You agree to receive notices electronically and that electronic acceptance is your signature.
17. Contact
PondShare LLC · 7901 4th St N Ste 300, St. Petersburg, Florida 33702 · support@pondshare.app
