Terms and Conditions
Welcome, and thank you for using the Ryple app, the first fly fishing app designed for fisherman by fisherman!
1. GENERAL TERMS. These Terms set forth the terms and conditions that apply to your access and use of the Ryple mobile app for iOS or Android (“Ryple App”), as owned, developed and operated by NuKru, LLC, an Indiana limited liability company (“NUKRU,” “Company,” “us,” “we” or “our”). These Terms begin when you access and use the Ryple App and continue as long as you use the information that the app provides. As used in these Terms, “Sites” includes the NUKRU website (www.nukru.com), the Ryple website (www.ryple.com), and all pages that are associated or within each website and all devices, applications or services that we operate or offer that link to these Terms. By accepting the Terms electronically (for example, by clicking “I Agree”), installing, accessing or using the Ryple App, you agree to be bound by these Terms, and any other policy referenced herein, as they may be amended from time to time. All Ryple all users must be at least 18 years of age and, in any event, of legal age to form a binding contract with NUKRU. Your acceptance of these terms means you have the capacity to be bound by them, or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
2. DESCRIPTION OF SERVICES. NUKRU designed and developed the Ryple App to seek to define the optimal conditions for bug hatches to occur seven days in advance by leveraging the convergence of USGS stream data, tidal influence and local barometric pressure. While the Ryple App doesn’t guarantee that you will catch any more fish, it does put the power for when and where fish may be biting (literally) at your fingertips. For the time being, NUKRU is pleased to be able to provide you with access to and use of the Ryple App at no charge (yes, free makes it even cooler).
5. RYPLE API USE; SUBSCRIPTION PRICING. If you are interested in the Ryple API, please read the API Usage Policy here. The API Usage Policy is expressly incorporated by reference into these Terms where applicable. The pricing tiers for API subscription levels is available on the Pricing Page here. NUKRU reserves the right to change its pricing for API use at any time.
6. INFORMATION RETREIVAL FROM THIRD PARTIES. NUKRU prides itself on the real-time availability of data for use in the Ryple App, however, the Company cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. As such, we assume no responsibility for the timeliness, accuracy, deletion or non-delivery of USGS Stream Gauge Data, Solunar data, tidal data, barometric pressure data, or any other data pulled for use in the Ryple App.
7. USE WITH YOUR MOBILE DEVICE. Use of the Ryple App is available through iOS and Android mobile devices. You agree that you are solely responsible for any fees charged by your chosen mobile carrier, as well as the terms of your agreement with your mobile device and telecommunications provider. NUKRU MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(a) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(b) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(c) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
8. NUKRU’S INTELLECTUAL PROPERTY RIGHTS. The contents of the Ryple App, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs), API developer portals, literary content, and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Ryple App, and all of the intellectual property associated with it, belong to NUKRU. NUKRU grants you the right to view and use the Ryple App subject to these Terms. Any distribution, reprint or electronic reproduction of any content from the Ryple App in whole or in part for any purposes other than for personal use is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Ryple App or content in a manner that violates any applicable law, regulation or these Terms.
9. USE RESTRICTIONS. What not to do with the Ryple App:
- Don’t use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Ryple App, or any portion of the Ryple App, without the Company’s express written consent, which may be withheld in our sole discretion;
- Don’t post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Ryple App;
- Don’t attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Ryple App;
- Don’t rely on the Ryple App as an accurate mapping source for navigation purposes;
- Don’t imply or state that you are affiliated with or endorsed by NUKRU without our express consent (e.g., representing yourself as a certified Ryple instructor);
- Don’t expect the Ryple App to make you an awesome fisherman – there are lots of factors besides a cool app that go into that;
- Don’t drink and drive on a boat;
- Don’t access the Ryple App except through the interfaces expressly provided by NUKRU, such as its mobile applications or Sites;
- Don’t override any security features of the Ryple App;
- Don’t text and drive on a boat (which includes any communications using the Ryple App);
- Don’t litter – do your part to keep our nation’s lakes and streams beautiful;
- Don’t do anything you wouldn’t want your grandmother to know about in a blog, hosted forum, or on any other publicly available spot on the Ryple App or Sites. You are responsible for all content you submit, upload, post or store through the Ryple App or on the Sites. We reserve the right to delete your posts and/or terminate your account at any time, for any reason.
- Don’t post anything through the Ryple App or Sites that is libelous or defamatory, or which discloses private or personal matters concerning any person, or which is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law, or that is otherwise inappropriate.
- Don’t post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
10. RIGHTS YOU GRANT TO US. By submitting content to NUKRU, whether through the Ryple App or Sites, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Ryple App or our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Ryple App, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.
12. DISCLAIMER OF ANY WARRANTY. NUKRU ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES OR EXPENSES YOU MAY INCUR AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, UNTIMELINESS OR OBSOLESCENCE OF THE RYPLE APP. YOU ACKNOWLEDGE THAT REPORTS, FORECASTS, ALERTS, AND OTHER INFORMATION REGARDING EGG HATCHING CONDITIONS IN U.S. LAKES AND STREAMS IS UNCERTAIN AND SPECULATIVE, AND IS NO GUARANTEE OF AN INCREASED LIKELIHOOD OF CATCHING FISH. NUKRU DOES NOT REPRESENT OR WARRANT THAT THE RYPLE APP WILL MAKE YOU CATCH MORE FISH, OR THAT ITS SERVICES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR THAT IT IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. NUKRU’S SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND NURKU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE RYPLE APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE RYPLE APP INCLUDING, BUT NOT LIMITED TO, ANY PHYSICAL HARM OR DAMAGE TO YOUR COMPUTER SYSTEM, NETWORKS OR LOSS OF DATA.
13. LIMITATION OF NUKRU’S LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FORGOING, YOU AGREE THAT NEITHER NUKRU NOR ANY OF ITS PARENTS, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CO-BRANDERS, REPRESENTATIVES OR AGENTS WILL BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, OR FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST TIME), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THIS AGREEMENT, NUKRU’S RYPLE APP, NUKRU’S PRODUCTS, NUKRU’S INTELLECTUAL PROPERTY, OR ANY CONTRACTUAL OR OTHER DEALINGS OR RELATIONSHIPS YOU MAY HAVE WITH THIRD PARTIES BASED UPON OR RELATED TO THE RYPLE APP. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE REASONABLE AND APPROPRIATE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY IN THE EVENT OF A BREACH BY NUKRU OF THESE TERMS SHALL BE TO STOP USING THE RYPLE APP. IN THE EVENT THAT ANY COURT FINDS THE FOREGOING PROVISIONS TO BE UNENFORCEABLE OR DECIDES NOT TO ENFORCE THEM FOR ANY REASON, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF NUKRU TO YOU UNDER THESE TERMS EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO NUKRU DURING THE THREE MONTHS PRECEDING THE DATE THAT NUKRU IS NOTIFIED OF ANY CLAIM BY YOU, OR (II) $100.
14. HOLD HARMLESS AND INDEMNITY. You agree to indemnify and hold harmless NUKRU and its parents, affiliates, directors, shareholders, representatives, employees, co-branders and agents from and against any claim, demand, action or suit asserted by a third party, and all costs, liabilities, judgments, expenses and damages, including reasonable attorneys’ fees (collectively, “Losses”) suffered, sustained, incurred or paid in connection therewith, arising out of, resulting from or related to your access to or use of the Ryple App, any breach by you of this Agreement, and/or any violation by you of any applicable laws, rules, regulations or statutes.
15. GOVERNING LAW AND FORUM FOR DISPUTES. These Terms and your access to and use of the Ryple App are governed by the laws of the State of Georgia and the laws of the United States of America without regard to conflicts of law principles. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE RYPLE APP OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Georgia law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND NUKRU ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
16. ENTIRE UNDERSTANDING. These Terms constitute the entire agreement between you and NUKRU regarding the subject matter hereof, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not give any third party any rights or remedies hereunder. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of NUKRU. You may not assign the rights and licenses granted herein without NUKRU’s prior written consent. Subject to the foregoing limitation, these Terms will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. If any provision of these API Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions remain in full force and effect.
17. SUPPLEMENTAL TERMS AND CONDITIONS FOR MAC APP STORE USERS ONLY. If you downloaded the Ryple App from the Mac App Store, the following terms also apply to you:
(a) Acknowledgement. You acknowledge that these Terms are between you and NUKRU only, and not with Apple, Inc. (“Apple”) and NUKRU, not Apple, is solely responsible for the Ryple App and the content thereof.
(b) Scope of License. The license granted to you for the Ryple App is a limited, non-transferable license to access and use the Ryple App in accordance with these Terms.
(c) Maintenance and Support. NUKRU and not Apple is solely responsible for providing any maintenance and support of the Ryple App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Ryple App.
(d) Warranty. NUKRU is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Ryple App to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Ryple App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Ryple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be NUKRU’s sole responsibility.
(e) Product Claims. NUKRU, not Apple, is responsible for addressing any user or third party claims relating to the Ryple App or the user’s possession and/or use of the Ryple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Ryple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights. You acknowledge that, in the event of any third party claim that the Ryple App or your possession and use of the Ryple App infringes that third party’s intellectual property rights, NUKRU, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Developer Contact Info: Direct any questions, complaints or claims to: NuKru, LLC, 924 Wheatley Dr., South Bend, IN 46614 or www.ryple.com.
(i) Third Party Terms of Agreement. You must comply with any applicable third party terms of agreement when using the Ryple App.
(j) Third Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
Updated: April 1, 2015