Terms of Service

Last Updated: December 12, 2025

1. Acceptance and Eligibility

By accessing or using the PondShare mobile application or website (collectively, the “Services”), you (“User”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Services.

You must be at least 18 years old to use PondShare. By using the Services, you represent and warrant that you meet this age requirement.

PondShare operates as a neutral technology platform that connects individuals (“Anglers”) seeking private fishing access with property owners (“Hosts”) offering such access. PondShare does not own, operate, manage, inspect, insure, or control any listed properties. We are not a party to the agreement between Hosts and Anglers.

2. Host Obligations and Responsibilities

• Property Condition & Compliance: Hosts warrant they have full legal right to grant access to their property and that the property complies with all applicable federal, state, and local laws, including zoning, environmental, and safety regulations.
• Insurance: Hosts are solely responsible for obtaining adequate liability, property, and other insurance coverage related to allowing third-party access to their land and water bodies.
• Liability: Hosts assume full responsibility for the safety, maintenance, and condition of their property. PondShare disclaims all liability for injuries, accidents, property damage, or other incidents occurring on or near the property.
• Cancellations: If a Host cancels a confirmed booking, the Angler will receive a full refund. Repeated cancellations may result in suspension or termination of the Host’s account.

3. Angler Obligations and Conduct

• Assumption of Risk: Anglers acknowledge that fishing and outdoor activities involve inherent risks, including injury, wildlife encounters, and environmental hazards. Anglers voluntarily assume all such risks.
• Boundary Compliance: CRITICAL: Anglers must strictly adhere to all property boundaries, access zones, and rules communicated by the Host (including via the app’s geofencing features). Violating boundaries constitutes trespassing and may result in immediate session termination without refund, permanent platform ban, and potential reporting to law enforcement.
• Property Respect: Anglers must leave the property in the same condition as found. Any damage to the pond, land, structures, or equipment will result in financial liability and possible legal action.
• Prohibited Conduct: Illegal fishing, littering, noise violations, unauthorized guests, or failure to depart at the scheduled end time are grounds for immediate account termination.
• Exclusive Use Scope: Bookings grant access only to designated fishing areas—not to private residences, garages, or non-listed portions of the property.

4. Financial Terms

4.1 Cancellation Policy

We understand that plans change. Our cancellation policy balances flexibility for Anglers with fairness to Hosts who reserve their time and property for you.

Angler Cancellations:

• More than 24 hours before start time: You will receive a refund of the pond reservation cost. The PondShare service fee (15%) is non-refundable.
  Example: $50 pond booking + $7.50 service fee = $57.50 total → $50 refunded.
• Within 24 hours of start time: No refund is available. The full amount paid (pond cost + service fee) is non-refundable, as Hosts cannot reasonably rebook on short notice.

Host Cancellations:

• If a Host cancels your booking at any time and for any reason, you will receive a 100% refund of the total amount paid, including both the pond reservation cost and the service fee.
• Hosts may be charged a cancellation fee to cover platform processing costs and discourage last-minute cancellations.

Refund Processing: Approved refunds are processed to your original payment method within 5–10 business days.

Special Circumstances: We review extenuating situations on a case-by-case basis, including:

• Severe weather emergencies
• Natural disasters
• Medical emergencies (with verifiable documentation)
• Government-mandated travel or access restrictions

To request consideration, contact support@pondshare.app with supporting documentation.

PondShare Service Fee: The 15% service fee covers payment processing (via Stripe), platform maintenance, customer support, secure transaction handling, and safety features like Host verification and geofence monitoring.

4.2 Payment Processing

• All payments are processed through Stripe. By using PondShare, you agree to Stripe’s Terms of Service.
• Funds are held securely until the booking session concludes successfully, after which they are disbursed to the Host, less PondShare’s commission.

5. Dispute Resolution and Communication

• Official Communication: The in-app messaging system is the sole official channel for Host-Angler communication. External communications (e.g., SMS, email) are not binding and may not be considered in disputes.
• Dispute Handling: PondShare reserves the right to investigate and mediate disputes but is under no obligation to do so. Decisions regarding refunds, bans, or penalties are final.

6. Intellectual Property

All content, logos, software, and functionality on the PondShare platform are owned by or licensed to PondShare and protected by copyright and trademark laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

7. Limitation of Liability

To the fullest extent permitted by law, PondShare and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, property damage, lost profits, or data loss, arising from your use of the Services—even if advised of the possibility of such damages.

Our total liability to you for any claim related to the Services is limited to the amount you paid to PondShare in the 6 months preceding the claim.

8. Disclaimer of Warranties

The Services are provided “as is” and “as available.” PondShare expressly disclaims all warranties, whether express or implied, including fitness for a particular purpose, merchantability, non-infringement, and accuracy of property listings or availability.

9. Indemnification

You agree to indemnify, defend, and hold harmless PondShare, its officers, and employees from any claims, liabilities, damages, or expenses (including attorneys’ fees) arising from your: (a) breach of these Terms; (b) misuse of the Services; or (c) violation of any third-party rights (including trespass or property damage).

10. Termination

We may suspend or terminate your account at any time, with or without cause, and with or without notice. Upon termination, you lose access to all Services. Sections on liability, indemnification, intellectual property, and dispute resolution survive termination.

11. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any legal action arising from these Terms must be filed exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction therein.

12. General Provisions

• Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control (e.g., natural disasters, pandemics, government actions).
• Entire Agreement: These Terms constitute the entire agreement between you and PondShare regarding the Services and supersede all prior agreements.
• Amendments: We may update these Terms at any time. Continued use after changes constitutes acceptance.
• Contact: For legal notices, support or cancellation inquiries, contact us at: support@pondshare.app.