Legal

Depthrix Terms of Use

Effective date: October 12, 2026
Version: 1.0

These Terms of Use (the "Terms") are a binding agreement between you and L&K Sierra LLC, a California limited liability company ("we", "us", "our"). They govern your use of the Depthrix mobile application (the "App"), the maps and other content in it, and our related websites and services, including depthrix.com and account.depthrix.com (together, the "Service").

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS ABOUT YOUR SAFETY AND YOUR LEGAL RIGHTS:

1. DEPTHRIX MAPS ARE LAKE-BOTTOM RELIEF MAPS FOR RECREATIONAL FISHING. THEY ARE NOT NAUTICAL OR NAVIGATIONAL CHARTS. NEVER USE THE APP TO NAVIGATE OR TO DECIDE WHERE IT IS SAFE TO TAKE A BOAT. Our maps can help you choose where to fish; they cannot tell you where it is safe to go. Map Depths are approximate and are measured from a fixed Reference Level, not from today's water level. For most reservoirs the Reference Level is the full level, so the real depth is usually LESS than the map shows, often by many feet. Our maps do not mark hazards. The NOAA chart data the App can show in some places is incomplete and unofficial and is also not for navigation. The App's position, speed, heading, distance and bearing features are not navigation instruments. See Section 3.
2. YOU ASSUME THE RISKS OF BOATING, FISHING AND OTHER ACTIVITIES ON OR NEAR THE WATER, AND YOU RELEASE US FROM CLAIMS FOR INJURY, DEATH AND PROPERTY DAMAGE, INCLUDING CLAIMS BASED ON OUR NEGLIGENCE, AS DESCRIBED IN SECTION 15.
3. THE SERVICE IS PROVIDED "AS IS" (SECTION 14), AND OUR LIABILITY IS LIMITED (SECTION 16).
4. DISPUTES ARE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT OR BY CLASS ACTION, UNLESS YOU OPT OUT WITHIN 30 DAYS (SECTION 18).

This summary is for convenience; the full text below controls.

1. Accepting these Terms

1.1. You accept these Terms when you tap "Agree and Continue" on the screen that shows them the first time you open the App, when you check the box saying you agree to them when you create an account, or when you tap a button saying you agree to an updated version. Each of these screens tells you that tapping or checking means you agree. We keep a record of which version you accepted, when, and whether you accepted for yourself or as a parent or guardian for a minor. If you do not agree, do not use the Service.

1.2. If you accept these Terms for a minor, you accept them both on the minor's behalf and on your own behalf (Section 2).

1.3. Our Privacy Policy explains how we handle personal information. It is a separate document; please read it.

1.4. If you download the App from the Apple App Store, these Terms are the App's license agreement (we provide them to Apple for that purpose), and Section 20 also applies. If Apple's standard license agreement applies to you anyway, these Terms also apply and control where the two differ, to the extent Apple's agreement allows.

2. Who may use the Service

2.1. You must be at least 13 years old to use the Service, and at least 18 (or the age of majority where you live) to accept these Terms yourself, to create an account or to make a purchase.

2.2. A person under 18 (or under the age of majority where they live) may use the Service only after a parent or legal guardian has accepted these Terms for them. A parent or guardian who accepts these Terms does so both on the minor's behalf and on their own behalf, agrees to Section 15 for the minor and for themselves (including any claim they may have because of the minor's injury or death), and is responsible for the minor's use of the Service and for purchases made for the minor.

2.3. You may not use the Service, or export the App, in violation of U.S. sanctions or export laws, including from an embargoed country or if you are on a U.S. Government list of prohibited or restricted parties.

3. What Depthrix maps are — and how you may use them

We provide the Service only for the use described in this Section 3, and your license in Section 5 depends on your following it. Warnings shown in the App — on the map, in legends and in each map's details — are part of these Terms.

In short: Use Depthrix to choose where to fish — never to decide where it is safe to go. Map Depths are measured from a fixed Reference Level, not from today's water level. Our maps do not mark hazards. Your phone's position, speed and heading can be wrong.

3.1. What Relief Maps are

"Relief Maps" are the lake maps that we compile and publish in the App. A Relief Map is a picture of the approximate shape of the bottom of a lake, reservoir or other inland water — its drop-offs, points, humps, flats and old channels — drawn as contour lines, colored bands and a few labeled spot values over a street or satellite background map. Relief Maps do not include the Government Chart Layer (Section 3.8), background maps or Your Content (Section 7).

Each Relief Map is drawn relative to one fixed water level that we chose or estimated for that map (its "Reference Level"), such as a reservoir's full (spillway) level or the water surface on the day of a survey. The numbers on a Relief Map, in its legend and in any readout ("Map Depths") are our rounded estimate of how far the bottom lies below that Reference Level. A Map Depth describes the shape of the bottom; it is not a measurement of the water under your boat today, and it does not mean the water there is free of objects. Spot values mark selected high and low points that we chose to label; they are not soundings, and many humps and holes have no label.

A fishing map and a navigational chart are different things. A navigational chart is made to show boaters where it is safe to travel. A Relief Map is made only to help recreational anglers get a general picture of a lake bottom and choose areas to fish. It can help you decide where to fish. It can never tell you where it is safe to go.

We call our maps "Relief Maps", "lake maps" or simply "maps". If any screen, file, message or third party describes a Relief Map with another word, such as "chart" or "depth map", it is still a Relief Map as described in this Section 3 and not a nautical or navigational chart. This paragraph does not apply to the Government Chart Layer, which is described in Section 3.8.

3.2. How you may and may not use them

You may use Relief Maps to choose areas to fish and to find them again — including by moving your boat toward or over bottom features you want to fish — but only through water that you have already judged safe by other means, such as your own lookout, a working depth sounder where your boat has one, local knowledge, posted markers and official information. Treat every area you approach as unknown water: approach it slowly, keep watch, and expect rocks, stumps, timber and other objects the map does not show. Choosing an area to fish and heading toward it in this way is not a use forbidden by (a) or (c) below — for example, finding a hump, point, drop-off or old channel to fish is not finding a shoal or channel under (c) — but the route you take, how close you go, how fast you travel and whether there is enough water and no obstruction must be decided only by those other means.

You agree not to use the Service, any Relief Map, the Government Chart Layer or any other information in the App:

(a) to navigate — that is, to choose a course, route or passage for any vessel, or to decide whether it is safe to go somewhere;

(b) to judge how much water there is under or ahead of a boat, motor, propeller or keel, or clearance from the bottom or any object;

(c) to find, avoid or judge the size of hazards, channels, shoals or obstructions;

(d) to judge whether a place is safe or deep enough to anchor, launch, moor, wade, swim, dive or go out on ice;

(e) in place of watching the water, at any time of day or night, in any visibility and at any speed;

(f) for search and rescue, emergencies or any safety-critical purpose; or

(g) in any other way that relies on the Service to keep people, property or the environment safe.

3.3. Water levels

(a) Water levels change, and depths are usually less than shown. Every Map Depth is measured from the map's Reference Level, shown in the map's details. For reservoirs this is usually the full or spillway level — the highest the water normally reaches — so for most of the year the real depth is less than the map shows, often by many feet and sometimes by tens of feet, and areas shown as water may be dry or barely covered. For other water bodies the Reference Level may be the level on a survey day, which may be higher or lower than today's.

(b) Level offset is approximate. If the App lets you enter a water level or offset for a water body, it shifts every Map Depth on that map by the same amount. This does not tell you today's depth. It cannot correct errors in the map, differences between gauges and datums, slopes, currents or a wrong entry, and areas the App does not show as above your entered level may still be dry, shallow or obstructed.

3.4. Other limitations

You understand and accept that, among other things:

(a) Bottoms and shorelines change. Sediment, erosion, vegetation, debris, construction, dredging and other changes since a survey are not shown. A map is only as current as its survey. We do not promise to update maps for changes in a water body or to tell you when a water body has changed.

(b) Data is incomplete and interpolated. Values between measured points are estimated. Parts of a water body may have no data, because no survey covered them or because we left out data that we noticed was unreliable. An area with no data may look empty, may be filled with the color of the shallowest band, or may show the Government Chart Layer or the background map instead. None of these means "no water", "shallow water only" or "safe". Data near shorelines and in shallow water is often the least reliable.

(c) Hazards are not shown. Rocks, stumps, standing or submerged timber, flooded roads, buildings, foundations, fences, pipes, cables, intakes, wrecks, sandbars, docks, buoys, dams, spillways and other hazards are not shown on Relief Maps. If any such object or feature does appear, its presence, position and size are not reliable, and it does not mean other hazards are absent nearby. Smoothing and simplification also remove many small humps, holes and objects.

(d) Numbers are rounded. Contour lines are drawn at intervals, labels are rounded, and colors change at fixed thresholds that differ between feet and meters.

(e) Contour intervals are not accuracy. A label such as "2 ft contours" says how often we draw a line, not how accurate the map is. Map Depths can be wrong by much more than the contour interval.

(f) Colors are not warnings. Colors mark depth bands so you can read the shape of the bottom. A shallow color does not mark every shallow spot, and a deep color does not mean the water is safe or clear of objects.

(g) Maps differ in quality and age. Some Relief Maps come from dense modern surveys; others come from a few hundred measured points, old surveys or land elevation data, and are mostly estimated.

(h) Sources may be wrong. Public Survey Data, our own surveys and our processing may contain errors. A source, survey year or Reference Level shown for a map comes from the publisher's records or our survey notes; it may be incomplete, estimated or wrong.

(i) Background maps do not line up perfectly. Street maps and satellite imagery come from third parties, were captured at different times and water levels, and may not align with a Relief Map or with your GPS position.

3.5. What Relief Maps are not

Relief Maps:

(a) are not nautical charts, navigational charts, electronic navigational charts or hydrographic surveys;

(b) are not a navigation tool of any kind, and are not designed or tested for navigation, route planning or deciding whether water is deep enough or safe;

(c) are not produced to any hydrographic or charting standard (such as IHO S-44 or the specifications of NOAA's Office of Coast Survey), and are not produced, reviewed, approved or certified by NOAA, the U.S. Coast Guard, the U.S. Army Corps of Engineers, any state agency or any hydrographic office;

(d) do not satisfy any requirement to carry or use charts or navigation equipment; and

(e) are not a precise measurement of the bottom, of depth, or of distance or position, and are not suitable for engineering, construction, dredging, scientific, legal, property-boundary or commercial-fishing purposes.

The App as a whole is not a chartplotter, depth sounder, navigation system or safety device. The Government Chart Layer is produced by a NOAA service, but it is not official or certified when shown in the App (Section 3.8).

3.6. How we make Relief Maps

We make Relief Maps in two ways:

(a) From public survey data. We use elevation and survey data published by government agencies, universities and others ("Public Survey Data"). These sources were collected at different times, by different methods and for purposes other than ours. Some are decades old; some are partly modeled or interpolated by their publishers.

(b) From our own surveys. We record sonar data from a boat using consumer-grade fish-finding sonar and GPS along survey lines, and build maps from it with mapping software.

In both cases we process the data: we convert coordinate systems and units, choose or estimate a Reference Level, interpolate between measured points, smooth the surface, leave out some data that we notice is unreliable (the data that remains is not verified and may also be wrong), simplify small features and draw contour lines at a fixed interval. Each of these steps adds approximation.

3.7. Position, speed, heading, distances and tracks

Your position, speed, heading, scale, distance and bearing to a waypoint, any lines or rings drawn around your position, and recorded tracks come from your device's sensors and from calculations in the App. They can be inaccurate, delayed or unavailable because of satellite geometry, terrain, weather, device hardware, software, settings or battery. Bearing and distance to a waypoint are measured in a straight line and ignore land, shallow water and hazards. A recorded track shows where a device went; it is not a safe route, so do not follow it as one. These features exist to help you find and return to fishing spots and to keep a log. They are not navigation instruments and must not be used to choose a route, to judge depth or clearance, or to keep clear of hazards. Depths and other values stored with tracks and waypoints — for example, values in a GPX file you import — come from those sources, are not checked by us and are not Map Depths.

3.8. NOAA chart data (the "Government Chart Layer")

In some places — mostly coastal waters, San Francisco Bay and the Delta, and parts of some lakes where we have no Relief Map, including shallow areas we chose not to map — the App can show images produced by a public web service of the National Oceanic and Atmospheric Administration (NOAA) from its electronic nautical chart data (the "Government Chart Layer"). This is the only nautical chart information in the App. You should know that:

(a) it is not an official chart and is not certified for navigation, and it does not meet any chart-carriage requirement;

(b) we show only part of NOAA's chart — such as depths, seabed features and obstructions, and buoys and lights — and leave out other chart information, which may include chart notes and cautions, restricted and special areas, and NOAA's indications of data quality, low accuracy and overscale display. We also cover parts of it with our own maps. It may be shown at scales far larger than the chart was made for, where positions and features look more precise than they are;

(c) its numbers use NOAA's units and reference levels, which can differ from those of a Relief Map next to it, and are not adjusted for any water level you set in the App. Do not compare numbers between the two;

(d) it is delivered live from NOAA's service; it may be out of date, incomplete, slow, cached on your device or unavailable, and we do not control its content; and

(e) Sections 3.2, 3.4(h) and (i), 3.7, 3.9 to 3.11 and 14 to 17 apply to it as they apply to Relief Maps. NOAA does not endorse us or the Service. If you need nautical charts, get official ones from NOAA.

3.9. You are responsible on the water

You alone are responsible for your safety and for the safe operation of any vessel, and you must use the judgment and care of a prudent operator at all times. This includes keeping a proper lookout, operating at a safe speed, using your own eyes and, where your boat has one, a working depth sounder, checking official charts, notices and local knowledge where they exist, checking current water levels from official sources, and complying with all boating laws, licensing and education requirements (including any boater card requirement) and rules about speed, wakes and closures. Never let the App take your attention from operating the vessel. If you need to study the map, slow down or stop where it is safe, or have someone else keep watch. Do not let anyone use the App, or anything it shows, to choose a route, to judge depth or clearance, or to keep clear of hazards. If you show the App to anyone on board, tell them it is a fishing map, not a navigation chart, and that it does not show hazards.

3.10. Outdoor risks and the law

Fishing and boating are inherently dangerous. Risks include cold water and hypothermia, drowning, sudden wind, waves, storms and lightning, unsafe ice, hidden underwater objects, changing water levels, remote locations with no phone service, wildlife, and the actions of others. Wear a life jacket, check the weather, tell someone your plans and carry proper safety equipment.

You are solely responsible for obtaining any required fishing license, stamp or permit and for following fishing regulations, seasons, limits, closures, boat inspection and invasive species rules, posted signs and the rules of the agency, tribe or owner that manages a water body. Showing a water body, launch area or feature in the App does not mean that it is open to the public, that you have permission to enter it, or that fishing or boating is allowed there. Some mapped waters are on private, tribal or restricted land or are closed to public use. The App does not show property lines or who may use a water body. Boundaries and park areas on the background map are approximate and are not legal boundaries.

3.11. Information only; no alerts

News, push notifications, emails and any other information we provide (including any information about weather or water conditions, if we offer it) are for general information only. They are not safety, weather or water-level alerts. We do not monitor water bodies, water levels or conditions on the water, and we do not send alerts about them; rely on official sources. The App is not an emergency or distress device. In an emergency, call 911 or contact local authorities or the U.S. Coast Guard.

3.12. Reporting errors

If you believe a Relief Map is wrong, tell us at support@depthrix.com. We may use reports to improve our maps, but we do not promise to review any report, to correct any map, to do so within any time, or to warn other users, and a map that has not changed after a report does not mean the report was wrong or that the area is safe. If we learn that a Relief Map has an error we consider significant, we may update or withdraw it or post a notice about it in the App. Report hazards on the water to the agency that manages it, not only to us.

4. Your account

4.1. An account is optional for many features. You need one to sync your data between devices and to receive gifts from us, and, in some versions of the App, to make purchases. When you create an account, give us an accurate email address that you control: we use it to verify your account, to restore access and to send you notices about your account, purchases and these Terms. If you lose access to that email address, contact us at support@depthrix.com.

4.2. Keep your password secret and do not share your account. You are responsible for activity under your account. Tell us promptly at support@depthrix.com if you believe someone else has accessed it; resetting your password signs out your other devices.

4.3. Devices and sign-in. Your account may be signed in on up to three devices at the same time. Signing in on another device may sign out the device you used least recently. A device that does not connect to the Service for 180 days is signed out. We may make these limits more generous at any time.

4.4. Deleting your account. You may delete your account at any time in the App (Menu → Manage Account → Delete Account) or at account.depthrix.com. Export any tracks and waypoints you want to keep first. After you ask us to delete your account, you have a recovery period (currently 30 days) during which signing in restores it; after that, your account is erased as described in the Privacy Policy.

• Deleting your account does not cancel a subscription billed by Apple or Google — cancel it in your app store settings first (Section 6.3(c)). If you delete your account without cancelling, we keep your email address until the subscription ends, only to send the subscription notices the law requires.
• Maps you bought and subscriptions stay with the Apple or Google account that paid for them. After erasure, you can get them back on a device signed in to that app store account by tapping "Restore Purchases", with a new account or without one. Gifts from us (Section 6.6) end permanently when your account is erased.

5. License to use the Service

5.1. License. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license, which we may end only as these Terms allow (Sections 6.2(e) and 13), to download and use the App on devices you own or control and to view the Relief Maps and other content you are entitled to, for your own personal, non-commercial, recreational use. Using the App yourself while you fish is personal use. If you use the App while working as a fishing guide or carrying anyone for hire, it remains a recreational fishing tool and is not equipment for operating a vessel that carries passengers; you alone must meet every license, equipment and chart requirement that applies to that work. The Service is not intended for commercial fishing.

5.2. Restrictions. You may not, and may not help anyone else to:

(a) copy, download in bulk, scrape, extract, trace, export or redistribute Relief Maps, map tiles, map files or other content, except as the App's features expressly allow (occasional screenshots for your own non-commercial use, such as sending one to a friend, are fine);

(b) use any content of the Service to create, improve or validate any map, chart, dataset, database or product or service that competes with or substitutes for the Service;

(c) use content of the Service to train, fine-tune or evaluate any machine-learning or artificial-intelligence model;

(d) sell, rent, lend, sublicense, share or transfer the App, any Relief Map or any purchased access;

(e) copy, modify, translate, decompile, disassemble or reverse engineer the App or any map file, except to the extent applicable law expressly permits despite this restriction;

(f) bypass, disable or interfere with any security, access control, signed link, license check, device limit or usage limit;

(g) remove, hide or alter any copyright notice, attribution, warning or label;

(h) access the Service by automated means (bots, scripts, crawlers) or use it in a way that could damage, disable or overload it or interfere with others; or

(i) use the Service in violation of law or the rights of others.

5.3. Your own data. These restrictions do not limit exporting or sharing your own tracks, waypoints and other content with the App's export and sharing features (Section 7).

5.4. Open data. These Terms do not limit any rights you have in Public Survey Data or other third-party data under its own license or public-domain status. You may obtain that original data from its publisher; our restrictions apply to our Relief Maps, our processing and the Service.

5.5. Reviews. Nothing in these Terms limits your right to review, comment on or criticize the Service, including by posting a reasonable number of screenshots, for example to show an error in a map.

5.6. Preview builds. If we give you a test or preview version of the App (for example, through TestFlight or a download link), it is for testing only. It may contain sample maps, data and prices that are not real products and must not be relied on. It may stop working at any time, and data in it may be lost. These Terms apply to it in full.

6. Maps, purchases and subscriptions

6.1. Free maps. Some Relief Maps are free. A free map may cover only part of a water body, and we may add, change or remove free maps at any time.

6.2. Map license (one-time purchases).

(a) You are buying a license, not the map. When you "buy" a Relief Map with a one-time payment (shown in the App as a "one-time purchase"), you receive a license to use that map in the App under these Terms. You do not acquire ownership of the map, its data or any copy of it.

(b) What a one-time purchase means. You pay once. The license does not expire and does not renew, and it is not a subscription. It is not tied to your lifetime or to the life of any device. It continues for as long as we operate the Service and, if we discontinue the Service, as described in Section 11.3. It is tied to the Apple or Google account that paid for it and, if you are signed in to a Depthrix account, to that account.

(c) What is included. Corrections and new versions of the map you bought are included at no extra charge, and if we replace it, your license continues for the replacement map of the same water body. If we later offer a separate map product for the same water body (for example, a map made from a new, more detailed survey), we will say in the App, before that product is offered, whether owners of the earlier map get it at no extra charge. Either way, you keep the map you bought.

(d) Restrictions. Your license is subject to Section 5 and to these limits:

1. it is for your personal use and cannot be transferred;
2. if you use a Depthrix account, the map works on up to three devices signed in to that account at the same time (Section 4.3);
3. the App must connect to the Service at least once every 90 days to keep purchased maps available offline; if it does not, those maps are locked, not deleted, until the App connects again;
4. if you sign out, purchased maps are locked on that device until you sign in again, which needs an internet connection; if a device is signed out because you signed in on another device, purchased maps stay available on it until the 90-day period in item 3 ends;
5. a purchase stays with the Apple or Google account that paid for it, and we cannot move it to a different app store account; and
6. if you tap "Restore Purchases" while signed in to a different Depthrix account, or while not signed in, the purchase moves there and stops working on devices signed in to the previous account.

We may make these limits more generous at any time. We will not make them stricter for maps you have already bought.

(e) When access can end. We will not take away a map you bought except:

1. if the purchase is refunded, reversed or charged back;
2. for fraud or a material breach of these Terms;
3. if we must stop offering the map because we lose the legal right to distribute it or because of a legal requirement — in that case we will, at our choice, give you a comparable map, subscription time or credit of at least equal value, or refund the price you paid, and we will refund the price where Google Play or applicable law requires a refund; or
4. if we discontinue the Service, and then only as described in Section 11.3.

6.3. Subscriptions.

(a) What you get. A subscription (currently called "LK Plus") gives you access to all paid Relief Maps in our catalog while the subscription is active. The catalog changes over time; maps may be added, updated or, as described in Section 6.2(e)(3), withdrawn. Free features and free maps work without a subscription. You can use your subscription on up to three devices at the same time by signing in to your Depthrix account on them (Section 4.3). You can also tap "Restore Purchases" on a device that uses the app store account that paid for it; if that device is not signed in to the same Depthrix account, the subscription moves to that device and stops working on devices signed in to your Depthrix account (Section 6.2(d), item 6).

(b) AUTOMATIC RENEWAL. Your subscription continues and renews automatically at the end of each subscription period (for example, monthly, every six months or annually, as shown at purchase), and you will be charged the price shown when you subscribed for each new period, unless it changes as described in Section 6.3(f), until you cancel. The price and period are shown before you subscribe. Payment is charged to your Apple or Google account when you confirm the purchase. With Apple, each renewal is charged within 24 hours before the current period ends; with Google Play, it is charged at the start of the new period, and Google may place a temporary authorization hold up to 48 hours before. There is no minimum purchase obligation.

(c) Cancellation. You can cancel at any time in your app store account settings — on iPhone: Settings → [your name] → Subscriptions; on Android: Google Play → Profile → Payments & subscriptions → Subscriptions — or through a "Manage subscription" link in the App where the App provides one. To avoid being charged for the next period, cancel at least 24 hours before the current period ends (Apple) or before the renewal date (Google Play). Deleting the App or your account does not cancel a subscription. After cancellation, your subscription stays active until the end of the period you paid for and is not renewed.

(d) After a subscription ends, maps included only through it stop being available after a short grace period (currently up to 30 days). Your own tracks and waypoints remain yours and are not affected.

(e) Notices. We will send you the notices the law requires, such as a confirmation of your subscription, reminders before longer subscription periods renew, an annual reminder and notice of price changes, by email to your account address or, if you subscribed without an account, in the App.

(f) Price changes. We may change subscription prices. A new price applies only from a renewal after the change. We will notify you, with instructions on how to cancel, at least 7 and no more than 30 days before the new price takes effect (in addition to any notice from your app store), and where the law or your app store requires it, we will ask for your consent. If your app store requires you to accept a price increase and you do not accept it, your subscription will end at the end of the current period.

(g) Trials and offers. We currently do not offer free trials. If we offer a trial, introductory price or other offer, its terms — including when and at what price it converts to a paid subscription, and how to cancel — will be shown before you accept it.

6.4. Payments, taxes and refunds. Purchases in the App are processed by Apple or Google under their terms, using the payment method in your app store account; we do not receive your card details. Prices are shown in the App and may include or exclude taxes depending on where you live. Refunds are handled by Apple and Google under their refund policies: for Apple purchases, request a refund from Apple; for Google Play purchases, you may request a refund from Google Play or contact us at support@depthrix.com. Nothing in these Terms limits any refund right you have under applicable law. If a purchase is refunded, reversed or charged back, the related map license or subscription ends.

6.5. Restoring purchases and other devices. Tap "Restore Purchases" in the App to restore maps and subscriptions bought with the app store account your device is signed in to. If you are signed in to a Depthrix account, your purchases also work on your other devices signed in to that account, within the device limit in Section 4.3. Section 6.2(d), item 6, applies to subscriptions as well as maps.

6.6. Gifts and promotions. We may, at our discretion, give accounts free access to maps or subscription time. Gifts have no cash value, cannot be transferred, do not renew automatically and never result in a charge. A gifted map is licensed on the same terms as a purchased map, except that gifts are tied to your Depthrix account only, cannot be restored with "Restore Purchases", end if your account is erased, and may be withdrawn for fraud, error or breach of these Terms.

6.7. Family sharing. Purchases are for the personal use of the account holder. A purchase can be shared through an app store's family sharing feature only if that store supports sharing it and we have turned sharing on for it; if we have, the App will say so before you buy.

7. Your content

7.1. You own your content. Tracks, waypoints and areas you create in or import into the App, and the names and notes you give them ("Your Content"), belong to you or to whoever shared them with you; we claim no ownership of them.

7.2. Our limited license. You give us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, back up and display Your Content only as needed to provide the Service to you — for example, to sync it to your other devices, to restore it, and to send it where you choose when you use a sharing or export feature. This license ends when Your Content is deleted from our systems.

7.3. We do not use Your Content to make or improve maps, except that if you include Your Content in an error report about a map (Section 3.12), we use it only to check and correct that map. Otherwise we use it only as described in Section 7.2, to keep the Service secure, to prevent fraud and abuse and to comply with law, unless you separately opt in to a feature that explains another use.

7.4. Sharing. When you share or export Your Content (for example, as a GPX file or a share link), anyone who receives it may use it, and we cannot control what they do. Share only what you are entitled to share. If the App lets you revoke a share, revoking it stops new access through it but cannot recall copies already made.

7.5. Feedback. If you send us suggestions, map requests, error reports or other feedback, you give us a non-exclusive, perpetual, royalty-free license to use it for any purpose without obligation to you; you keep any rights you have in it. This does not apply to Your Content you attach to a report, which we use only as described in Section 7.3.

7.6. Keep your own copies. Your Content is stored on your device. If you have an account with sync on, your tracks and waypoints are also copied to our servers; areas are not synced, and turning sync off does not remove copies already there. Content that is only on your device is lost if you lose or reset the device or delete the App, and the copies on our servers are erased when your account is erased (Section 4.4). Export anything you want to keep (for example, as GPX files).

8. Third-party content and services

8.1. Sources and credits. The Service uses data and services from third parties, such as OpenStreetMap contributors (street map data, under the Open Database License), Protomaps, ESA WorldCover (land cover), MapTiler and its suppliers (satellite imagery), NOAA (the Government Chart Layer) and the publishers of Public Survey Data. Credits and license information are shown in the App (on the map, behind the "i" button, and in Menu → About) and form part of these Terms.

8.2. No endorsement. Third parties named in the Service do not endorse us, the App or our Relief Maps and are not responsible for them. Their names and marks belong to them. Public Survey Data is provided by its publishers without warranty, and errors in our Relief Maps are not their responsibility.

8.3. Pass-through terms. Your use of third-party content in the App is also subject to the terms of its provider. In particular, satellite imagery is provided by MapTiler, and you must comply with MapTiler's terms; you may not scrape, bulk download, cache outside the App, trace or extract it, and MapTiler and its suppliers may enforce these restrictions.

8.4. Availability. Third-party layers and services may change, be limited (for example, satellite imagery may be unavailable for part of a month) or stop. We are not responsible for third-party content, services, websites or apps.

8.5. Open-source software. The App includes open-source software under its own licenses; notices are available in the App or on our website.

9. Acceptable use

You will not: (a) break any law or regulation while using the Service; (b) give false information or impersonate anyone; (c) create accounts by automated means or to abuse offers; (d) use the Service to send unwanted messages, or abuse our email or account-deletion features to target other people; (e) probe, scan or test the vulnerability of the Service or breach any security measure, except under a written agreement with us; (f) interfere with the Service or other users; or (g) use the Service to infringe or violate the rights of others.

10. Our intellectual property

The App, the Relief Maps and our selection, arrangement, processing and presentation of data, our software, designs, text and trademarks (including Depthrix, Lex & Kenny Fishing and LK Fishing) belong to us or our licensors and are protected by law. Except for the license in Section 5, these Terms give you no rights in them. To report content you believe infringes your rights, write to support@depthrix.com with the details.

11. Changes to the Service

11.1. We may change, add or remove features, layers, maps and content, and we may correct, revise or replace any Relief Map at any time. For maps you have bought, this is subject to Sections 6.2(c) and 6.2(e).

11.2. We may suspend the Service, or part of it, for maintenance, security, legal reasons or reasons beyond our control. Offline, the App shows Relief Maps you have downloaded (subject to Section 6.2(d)), your position and Your Content. Street and satellite background maps and the Government Chart Layer need a connection; offline they may be blank or show older cached images.

11.3. If we discontinue the Service:

(a) we will tell you at least 90 days in advance in the App and, if you have an account, by email;

(b) we will stop selling subscriptions and map purchases when we give that notice, and stop subscriptions from renewing before the Service ends where the app stores allow it;

(c) before the Service ends, we will release an App update or a final offline license that lets maps you bought, and have downloaded to a device, keep working on that device without the periodic online check in Section 6.2(d), for as long as that device can run that version of the App;

(d) if you are charged for any subscription time after the Service ends, we will refund that time or ask the app store to refund it; and

(e) after the Service ends, we will not provide map updates, new downloads, sync or support.

12. Changes to these Terms

12.1. We may update these Terms. We will post the new version with its effective date. If a change is material, we will tell you in advance in the App or by email. If a change materially affects your subscription's renewal terms, our notice will explain the change and how to cancel. Changes take effect on the stated date and do not apply retroactively. A change does not reduce your license for maps you bought, or the benefits of a subscription period you already paid for, before the change takes effect.

12.2. Changes do not apply to any dispute that arose, or that either of us had notice of, before the change took effect; such disputes are governed by the version of these Terms in effect when they arose.

12.3. If we change Section 3, 15, 16 or 18, the App will ask you to accept the new version before you continue to use it; until you do, the version you last accepted continues to apply to you. For other changes, your continued use after the effective date, where you have been notified, means you accept the update. Continued use does not by itself mean you agree to a price increase where your consent is required. If you do not agree to an update, stop using the Service and, if you wish, delete your account.

13. Suspension and termination

13.1. You may stop using the Service at any time and delete your account as described in Section 4.4.

13.2. We may suspend or end your access to the Service, or to any account, if you materially breach these Terms, if the law requires it, or to stop fraud or a security threat. Where reasonable, we will tell you why in advance and give you a chance to fix the problem. Suspending or ending your access does not take away a map you bought except in the cases listed in Section 6.2(e). If we take away a map you bought for a reason not listed in Section 6.2(e), we will refund the price you paid for it; in the cases in Section 6.2(e)(3) and (4), Sections 6.2(e)(3) and 11.3 say what you receive instead. If we end an active subscription for any reason other than a refund, reversal or chargeback, fraud or your material breach, we will refund the unused part of your prepaid subscription period. We refund Google Play purchases through Google Play; Apple purchases can be refunded through the App Store only by Apple, so for those we will pay the refund to you directly by another reasonable method.

13.3. If your account is deleted or these Terms otherwise end for you, Sections 3, 5.2, 6.2(e), 7.4, 7.5, 8, 10, 11.3, 12.2 and 14 to 22, and any other provision that by its nature should continue, continue to apply.

14. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, THE APP, ALL RELIEF MAPS, THE GOVERNMENT CHART LAYER, PUBLIC SURVEY DATA AND ALL OTHER CONTENT AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS AND DATA PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT ANY MAP, MAP DEPTH, CONTOUR, POSITION, SPEED, DISTANCE OR OTHER INFORMATION IS ACCURATE, COMPLETE, CURRENT OR SUITABLE FOR NAVIGATION OR FOR ANY SAFETY PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR AVAILABLE OFFLINE. DESCRIPTIONS, LABELS AND NUMBERS IN THE APP, STORE LISTINGS, OUR WEBSITE AND OUR MESSAGES DESCRIBE RELIEF MAPS AS DEFINED IN SECTION 3 AND ARE NOT PROMISES THAT ANY DEPTH, FEATURE OR CONDITION EXISTS AT ANY PLACE. NO ADVICE OR INFORMATION FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THIS SECTION DOES NOT LIMIT OUR COMMITMENTS ABOUT PURCHASES, SUBSCRIPTIONS AND DISCONTINUATION IN SECTIONS 6, 11.3 AND 13.2, OR ANY REFUND RIGHT YOU HAVE UNDER LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

15. ASSUMPTION OF RISK AND RELEASE

In this Section and Sections 16 and 17, the "Released Parties" are L&K Sierra LLC, its members, managers, officers, employees, contractors, agents, successors and assigns, and our licensors and data providers.

15.1. ASSUMPTION OF RISK. YOU UNDERSTAND THAT BOATING, FISHING, WADING, SWIMMING, GOING OUT ON ICE AND OTHER ACTIVITIES ON OR NEAR WATER INVOLVE RISKS OF SERIOUS INJURY, DEATH AND PROPERTY DAMAGE, INCLUDING RISKS OF RUNNING AGROUND, STRIKING SUBMERGED OR FLOATING OBJECTS, CAPSIZING, SWAMPING, COLLISION, FALLING OVERBOARD, DROWNING, COLD WATER IMMERSION AND HYPOTHERMIA, BREAKING THROUGH ICE, SEVERE WEATHER AND LIGHTNING, BECOMING LOST, DAMAGE TO VESSELS, MOTORS AND EQUIPMENT, ENVIRONMENTAL DAMAGE, AND CITATIONS OR FINES (FOR EXAMPLE, FOR TRESPASS OR ENTERING A CLOSED AREA). YOU ALSO UNDERSTAND THAT A RELIEF MAP, THE GOVERNMENT CHART LAYER, OR ANY POSITION, SPEED OR OTHER INFORMATION IN THE SERVICE MAY BE WRONG, INCOMPLETE, OUT OF DATE OR UNAVAILABLE, INCLUDING BECAUSE OF THE NEGLIGENCE OF A RELEASED PARTY IN COLLECTING, PROCESSING, DRAWING, LABELING, UPDATING OR DELIVERING IT, AND THAT ACTING ON IT CAN LEAD TO THE INJURY, DEATH AND DAMAGE DESCRIBED ABOVE. YOU, FOR YOURSELF AND, IF YOU ACCEPT THESE TERMS FOR A MINOR, FOR THAT MINOR, KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THESE RISKS, KNOWN AND UNKNOWN, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTY, AND YOU AGREE THAT THE RELEASED PARTIES OWE YOU AND THAT MINOR NO DUTY TO PROTECT YOU OR THAT MINOR FROM THEM. YOU INTEND THIS ASSUMPTION OF RISK TO BE, TO THE FULLEST EXTENT PERMITTED BY LAW, A COMPLETE DEFENSE TO ANY CLAIM FOR YOUR OR THAT MINOR'S INJURY OR DEATH, INCLUDING A WRONGFUL-DEATH CLAIM BROUGHT BY THE HEIRS, SPOUSE, CHILDREN, PARENTS OR ESTATE OF YOU OR THAT MINOR.

15.2. RELEASE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES AND ANYONE CLAIMING THROUGH YOU, AND, IF YOU ACCEPT THESE TERMS FOR A MINOR, ON BEHALF OF THAT MINOR AND THAT MINOR'S HEIRS, ESTATE AND PERSONAL REPRESENTATIVES, RELEASE THE RELEASED PARTIES FROM ALL CLAIMS FOR DEATH, PERSONAL INJURY, LOSS OF OR DAMAGE TO PROPERTY (INCLUDING VESSELS, MOTORS AND EQUIPMENT), OR FINES OR PENALTIES, AND ANY LOSS THAT RESULTS FROM THEM, THAT ARISE OUT OF OR RELATE TO THE RISKS DESCRIBED IN SECTION 15.1 OR TO YOUR OR ANYONE ELSE'S RELIANCE ON ANY RELIEF MAP, THE GOVERNMENT CHART LAYER, OR ANY MAP DEPTH, POSITION, SPEED, DISTANCE OR OTHER INFORMATION IN THE SERVICE, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF ANY RELEASED PARTY.

15.3. WHAT IS NOT RELEASED. THIS SECTION 15 DOES NOT RELEASE OR LIMIT LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, WILLFUL INJURY TO A PERSON OR PROPERTY OR VIOLATION OF LAW, OR ANY OTHER LIABILITY THAT CANNOT BE RELEASED OR WAIVED UNDER APPLICABLE LAW. THIS SECTION 15 DOES NOT COVER CLAIMS ABOUT PURCHASES, SUBSCRIPTIONS, REFUNDS, YOUR ACCOUNT OR YOUR PERSONAL INFORMATION, INCLUDING YOUR RIGHTS UNDER SECTIONS 6, 11.3 AND 13.2, AND IT DOES NOT RELEASE ANY CLAIM UNDER A CONSUMER-PROTECTION, AUTOMATIC-RENEWAL OR PRIVACY LAW THAT THE LAW DOES NOT ALLOW TO BE RELEASED. A CLAIM FOR DEATH, PERSONAL INJURY OR PROPERTY DAMAGE IS COVERED BY SECTIONS 15.1 AND 15.2 WHETHER IT IS BASED ON THESE TERMS, NEGLIGENCE OR ANY OTHER THEORY, EXCEPT AS STATED IN THE FIRST SENTENCE OF THIS SECTION 15.3.

15.4. EACH PART STANDS ALONE. SECTION 15.1 (ASSUMPTION OF RISK) AND SECTION 15.2 (RELEASE) ARE SEPARATE AGREEMENTS. IF EITHER, OR ANY PART OF EITHER, IS FOUND UNENFORCEABLE FOR ANY CLAIM, PERSON OR PLACE, THE REST OF THIS SECTION 15 REMAINS IN FULL EFFECT, AND THE UNENFORCEABLE PART IS ENFORCED TO THE GREATEST EXTENT THE LAW ALLOWS.

16. LIMITATION OF LIABILITY

16.1. TO THE FULLEST EXTENT PERMITTED BY LAW, NO RELEASED PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THEIR POSSIBILITY.

16.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ALL RELEASED PARTIES TOGETHER FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

16.3. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. HOWEVER, SECTIONS 16.1 AND 16.2 DO NOT APPLY TO, AND DO NOT LIMIT: (A) LIABILITY FOR DEATH, PERSONAL INJURY OR PHYSICAL DAMAGE TO TANGIBLE PROPERTY (SECTION 15, NOT THIS SECTION 16, LIMITS THAT LIABILITY; SECTIONS 14, 17, 18 AND 19 STILL APPLY TO IT); (B) LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, WILLFUL INJURY TO A PERSON OR PROPERTY, OR VIOLATION OF LAW; (C) ANY DAMAGES (INCLUDING STATUTORY OR PUNITIVE DAMAGES), RESTITUTION, PENALTIES, INJUNCTIVE RELIEF OR ATTORNEYS' FEES AVAILABLE TO YOU UNDER A STATUTE WHOSE REMEDIES CANNOT BE WAIVED OR LIMITED BY CONTRACT, SUCH AS THE CALIFORNIA CONSUMERS LEGAL REMEDIES ACT; OR (D) ANY REFUND YOU ARE OWED UNDER SECTIONS 6.2(e), 11.3 OR 13.2. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO SOME OF THEM MAY NOT APPLY TO YOU.

17. Indemnity

To the extent permitted by law, you will indemnify the Released Parties against third-party claims, and the related losses and reasonable legal fees, to the extent they arise from (a) your breach of these Terms, including use of the Service in violation of Section 3.2 or copying or redistribution in breach of Section 5, (b) your violation of law or the rights of others, or (c) Your Content that you share. This Section does not apply to any claim that the Service, a Relief Map or other information we provide was defective, inaccurate or incomplete, or to any claim caused by our breach of these Terms, our negligence or our misconduct. We will promptly notify you of any claim. If we choose to take part in the defense with our own counsel, we will do so at our own expense.

18. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF. YOU MAY OPT OUT AS DESCRIBED IN SECTION 18.9.

18.1. Informal resolution first. Before starting arbitration or a court case, the party with a claim must send the other a written notice describing the claim and the relief sought, with the sender's name and contact information (and, if you are the sender, the email address of your account, if any). Send notices to us by email to support@depthrix.com or by mail to 2902 Shady Acres Loop, Rocklin, CA 95765; we will send notices to your account email or other contact information we have. A notice is received when it reaches that address. For 60 days after the notice is received, we will both try in good faith to resolve the dispute, including, on request, by a phone or video call in which you and a person authorized to settle for us personally take part. Any limitation period is paused during these 60 days.

18.2. Agreement to arbitrate. If the dispute is not resolved within those 60 days, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service, your account, or any purchase or subscription (a "Dispute") will be resolved by final and binding arbitration on an individual basis, except as stated in Sections 18.4 and 18.5. This agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

18.3. Rules and costs. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, if 25 or more similar demands are filed, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration starts and available at adr.org. If the AAA cannot or will not administer the arbitration, you and we will agree on another administrator, or a court will appoint an arbitrator under 9 U.S.C. § 5; but if the AAA declines because we failed to pay fees or to register this agreement, you may bring your claim in court. We will pay all AAA filing, administration and arbitrator fees, on time as California Code of Civil Procedure sections 1281.97 and 1281.98 require, except the filing fee the AAA rules assign to the consumer. We will also pay that fee if you cannot afford it or the law requires it to be waived, and we will reimburse it if you win. The arbitration will take place in the county where you live or, at your option, by video conference or based on written submissions. The arbitrator may award any individual relief that a court could award and applies the same law and limitation periods. Each party bears its own attorneys' fees unless the arbitrator awards fees under applicable law; we will not seek fees or costs from you unless the arbitrator finds your claim frivolous.

18.4. Small claims. Either of us may bring an individual claim in small claims court if it qualifies, instead of arbitration.

18.5. Exceptions. Either of us may ask a court for a temporary restraining order or preliminary injunction to keep things as they are while an arbitration is pending, as allowed by California Code of Civil Procedure section 1281.8; the merits of the claim are decided in arbitration. A request for public injunctive relief (relief that primarily benefits the general public) will be decided by a court, not the arbitrator, after the arbitration of any individual claims, and the court case will be stayed until then.

18.6. CLASS ACTION WAIVER. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of different people or preside over any class or representative proceeding. This Section 18.6 does not prevent you from seeking public injunctive relief in court as described in Section 18.5. If this waiver is found unenforceable for any claim, that claim must be decided in court, not in arbitration, and Section 19 applies to it.

18.7. Who decides. The arbitrator decides all questions about the interpretation, scope and enforceability of this Section 18, except that a court decides whether this arbitration agreement was formed, whether Section 18.6 is enforceable, and whether a claim seeks public injunctive relief.

18.8. Changes. If we change this Section 18 after you accept it, the change will not apply to any Dispute that arose, or that either of us had notice of, before the change took effect; those Disputes remain governed by the version you accepted. You may also reject a change to this Section 18 by emailing support@depthrix.com within 30 days after we notify you of it; if you do, the version of this Section you last accepted continues to apply to you.

18.9. 30-DAY RIGHT TO OPT OUT. You may opt out of this arbitration agreement by emailing support@depthrix.com with the subject line "Arbitration Opt-Out" within 30 days after you first accept these Terms. Include your name, the email address of your account (if any) and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

18.10. Severability. If any part of this Section 18 is found unenforceable, the rest remains in effect, except as stated in Section 18.6. This Section 18 continues to apply after your account is deleted or these Terms otherwise end for you.

18.11. Who is bound. This Section 18 binds you, your estate and personal representatives, and anyone who brings a claim on your behalf or through you, to the extent permitted by law.

19. Governing law and courts

California law, without regard to its conflict-of-law rules, governs these Terms and every Dispute, whether based on contract, tort (including negligence and product liability), statute or any other theory, and the Federal Arbitration Act governs Section 18. If federal maritime law applies to a Dispute, Sections 14 to 17 apply to the fullest extent maritime law permits. Any Dispute that is not subject to arbitration will be brought in a state or federal court in California in a county where venue is proper under California law, or in a state or federal court for the county where you live, and you and we consent to the personal jurisdiction of those courts; either of us may also use small claims court. If we bring a claim against you in court, we will bring it in the county where you live or where you accepted these Terms.

20. App store terms

20.1. Apple. If you obtained the App from the Apple App Store:

(a) These Terms are between you and us only, not Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.

(b) Your license to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing (and Legacy Contacts, where Apple allows). Sharing of in-app purchases is covered by Section 6.7.

(c) We, not Apple, are solely responsible for providing any maintenance and support for the App, as described in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the App.

(d) We, not Apple, are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in Section 14. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are our responsibility, to the extent not disclaimed under these Terms.

(e) We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws. This paragraph allocates responsibility between us and Apple only. It is not an admission that any claim is valid or that the App or any Relief Map is a product for purposes of product liability law.

(f) If a third party claims that the App or your possession and use of it infringes its intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.

(g) You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

(h) Questions, complaints and claims about the App may be sent to us at the contact details in Section 22.

(i) You must comply with applicable third-party terms (such as your wireless data service agreement) when using the App.

(j) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20.2. Google. If you obtained the App from Google Play, your purchases are also subject to the Google Play Terms of Service, and Google's refund policies apply to them.

21. General terms

21.1. Entire agreement and order of precedence. These Terms and the terms shown on the purchase screen for a purchase are the entire agreement between you and us about the Service. The price and billing period shown at purchase control for that purchase; otherwise these Terms control. Your app store's terms control billing, cancellation and refunds that the app store handles. The Privacy Policy explains how we handle personal information and is not part of this agreement.

21.2. Severability and waiver. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect. Our failure to enforce a provision is not a waiver.

21.3. Assignment. You may not transfer these Terms without our consent. We may transfer them to a successor in a merger, acquisition or sale of all or part of our business, as long as your rights under them are not reduced.

21.4. Events beyond our control. We are not responsible for delay or failure caused by events beyond our reasonable control.

21.5. Electronic communications. You agree to receive agreements, notices and other communications from us electronically, in the App or by email, and agree that they satisfy any requirement that they be in writing.

21.6. Translations. If we provide a translation of these Terms, the English version controls to the extent permitted by law.

21.7. California residents. Under California Civil Code § 1789.3, California users are entitled to the following notice. The provider of the Service is L&K Sierra LLC, 2902 Shady Acres Loop, Rocklin, CA 95765, (916) 606-3979. The App and free maps are free; prices for paid maps and subscriptions are shown in the App before you pay. To resolve a complaint, contact us at support@depthrix.com, or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. We will repeat this notice to account holders each year by June 30.

21.8. Interpretation and third parties. Headings and the summary at the top are for convenience; the full text controls. "Including" means "including without limitation". Only you, we, the Released Parties (Sections 15 to 17), MapTiler and its suppliers (Section 8.3) and Apple (Section 20.1(j)) have rights under these Terms.

21.9. U.S. Government users. The App is "commercial computer software" and "commercial computer software documentation" (48 C.F.R. 12.212 and 227.7202); U.S. Government users get only the rights in these Terms.

22. Contact

L&K Sierra LLC
2902 Shady Acres Loop, Rocklin, CA 95765
Phone: (916) 606-3979
Email: support@depthrix.com