These Terms of Service ("Terms") govern your use of the Fish City mobile application "Fish City: Real Fish Counts" (the "App") and the website at fishcity.app and its subdomains (the "Site"), each provided by Cerity Farms LLC ("Fish City," "we," "us," or "our").
By downloading, installing, or using the App, or by accessing the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App or Site.
Fish City provides real-time fish count data, charter boat directories, weather and conditions information, fishing reports, and species guides for California saltwater anglers. Core features are free and accessible without an account.
The data displayed in the App and Site is sourced from public landing reports, government agencies (including NOAA), and other third-party sources. We aggregate, format, and present this data; we do not generate or independently verify the underlying counts, measurements, or conditions.
You must be at least 13 years old to use the App or Site. If you are between 13 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
An account is optional — you can use the App's core features without signing in. If you choose to create an account, you agree to:
You agree not to:
If you log catches, upload photos, or submit any other content through the App ("User Content"), you retain ownership of that content. By submitting User Content, you grant Fish City a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, and display the content as needed to operate, improve, and promote the App and Site.
You represent that you have the right to submit any User Content you provide and that it does not infringe on anyone else's rights. We reserve the right to remove User Content that violates these Terms or applicable law, with or without notice.
The App, the Site, our software, our trademarks, our logos, and all other Fish City–branded materials are the property of Cerity Farms LLC and are protected by copyright, trademark, and other laws. Nothing in these Terms grants you a license to use our trademarks or branding without our prior written consent.
Fish count data, weather data, and other third-party content displayed in the App and Site is sourced from public landing reports, NOAA, and similar public sources. We claim no ownership over the underlying public data, only over our compilation, presentation, formatting, and analysis.
The App and Site may include or link to third-party services, including but not limited to Apple, Google, Meta Platforms, Branch.io, Supabase, Cloudflare, Resend, NOAA, and various California sportfishing landings and charter operators. Your use of those services is governed by the providers' own terms and privacy policies, not ours. We are not responsible for the content, accuracy, or practices of third parties.
Fish City is an information service. We do not provide professional fishing instruction, safety advice, or legal regulatory guidance. You are solely responsible for:
Fish counts, weather conditions, charter availability, and other data may be delayed, incomplete, inaccurate, or temporarily unavailable. Decisions you make based on App or Site data — including which landing to visit, which species to target, which charter to book, or whether to leave the harbor — are your own.
The App and Site are provided "as is" and "as available," without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including without limitation merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding the accuracy, completeness, or timeliness of fish count data, weather data, or any other content.
To the fullest extent permitted by law, in no event will Fish City, Cerity Farms LLC, or our officers, employees, or agents be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising from or related to your use of (or inability to use) the App or Site, regardless of legal theory.
Our total liability for any direct damages will not exceed one hundred U.S. dollars ($100.00) or the amount you have paid us in the twelve months preceding the claim, whichever is greater. Because the App is free, our liability is in most cases capped at $100.00.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Fish City, Cerity Farms LLC, and our officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the App or Site, your User Content, or your violation of these Terms or applicable law.
We may suspend or terminate your access to the App or Site at any time, with or without notice, for any reason — including violation of these Terms or any other Fish City policy. You may stop using the App, delete your account, or uninstall the App at any time.
The provisions of these Terms that by their nature should survive termination — including User Content licenses, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
We may update these Terms from time to time. When we do, we will:
Your continued use of the App or Site after the updated Terms take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising from or related to these Terms or your use of the App or Site will be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.
Nothing in these Terms prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction.
For questions about these Terms: