Shellmark

Shellmark Terms of Use

Effective date: September 9, 2026

These terms govern your use of Shellmark, an app published by Brainstorm Innovative Technologies, LLC, a Florida limited liability company ("Brainstorm," "we," "us"). By using Shellmark, you agree to these terms.

What Shellmark is

Shellmark is an informational companion app for Florida shellfish harvesting (bay scallops, spiny lobster, stone crab, blue crab, shrimp, blue land crab, sea urchin, and octopus, plus queen conch, horseshoe crab, and Bahama starfish, which Florida prohibits harvesting). It shows season countdowns, an estimated open/closed/near-boundary zone status based on your device's GPS position, bag and vessel limit references, and a private on-device harvest log.

Not legal advice; verify current FWC rules

Shellmark is informational only and is not legal advice. Florida Fish and Wildlife Conservation Commission (FWC) rules, zone boundaries, bag limits, and seasons can change, including through emergency closures, faster than any app can guarantee. Always verify current FWC rules directly with FWC (myfwc.com) or another official source before you harvest, and treat Shellmark's in-app status as a starting point, not a citation defense.

No warranty on accuracy; GPS and boundaries are approximations

Shellmark's zone status, GPS position, mapped boundaries, season windows, and weather/tide data are provided "as is," without warranty of any kind, express or implied, to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. GPS positioning has inherent error, and the zone boundaries used by the app are digital approximations of the legal descriptions FWC actually enforces. A location reading a short distance from a boundary line may be wrong about which side of that line you are actually on. When Shellmark cannot determine your status with confidence, it is designed to say so ("verify") rather than guess -- but this does not make an "open" or "closed" answer a guarantee, and you remain responsible for your own compliance.

We do not warrant that the app will be uninterrupted, error-free, or that any defect will be corrected.

Assumption of risk

Harvesting, boating, diving, and other on-water activity carries inherent risk, including risk of injury, drowning, weather, marine life, and vessel hazards, independent of anything Shellmark tells you. By using Shellmark, you acknowledge and assume these risks. Shellmark is not a safety device, is not a substitute for marine safety equipment or good judgment, and does not monitor you or send help if something goes wrong.

Limitation of liability

To the maximum extent permitted by law, Brainstorm Innovative Technologies, LLC is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, harvest, property, or profits, arising out of or related to your use of Shellmark, including reliance on any zone status, season date, limit figure, weather/tide reading, or regulations citation shown in the app. Our total liability for any claim arising from your use of Shellmark will not exceed the greater of (a) the total amount paid for Shellmark or any Shellmark in-app purchase in the twelve months before the claim, whether paid to us or through the Apple App Store or Google Play, or (b) fifty U.S. dollars ($50). Nothing in these terms limits liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, where such limitation is not permitted by law.

In-app purchases

Shellmark offers an optional yearly Pro subscription and an optional 30-day season pass.

Auto-renewing subscription

Shellmark Pro is $9.99 per year and automatically renews. Payment is charged to your Apple ID or Google Play account at confirmation of purchase. The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours before the end of the current period. You can manage your subscription and turn off auto-renew at any time in your Apple ID Account Settings (App Store) or in your Google Play subscriptions, after purchase.

One-time purchase

The 30-day season pass is $4.99, a one-time, non-renewing purchase. It does not auto-renew and does not require you to cancel anything when it expires.

Purchases, billing, renewals, and cancellations are handled by the Apple App Store or Google Play under their own terms; refunds are requested through the applicable store, not through Brainstorm directly.

Your account with the store, not with us

Shellmark has no sign-in or account system of its own. Anything you enter into the app (harvest log entries, saved spots, photos) lives on your device, governed by our Privacy Policy, not by a Brainstorm-hosted account.

Acceptable use

You agree not to use Shellmark for any unlawful purpose, and not to attempt to reverse-engineer, disrupt, or interfere with the app's regulations data channel or its underlying services, except to the extent applicable law expressly permits.

App Store terms

If you downloaded Shellmark from the Apple App Store, this agreement is between you and Brainstorm only, not with Apple, and Apple is not responsible for Shellmark or its content. Apple has no obligation to furnish any maintenance or support services for Shellmark. In the event of any failure of Shellmark to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Shellmark to you, if any; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to Shellmark. Apple is not responsible for addressing any claims by you or any third party relating to Shellmark or your possession and/or use of it, including product liability claims, any claim that Shellmark fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that Shellmark or your possession and use of it infringes that third party's intellectual property rights. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and Apple's subsidiaries are third-party beneficiaries of these terms, and upon your acceptance, Apple has the right to enforce these terms against you as a third-party beneficiary.

If you downloaded Shellmark from Google Play, your use is also subject to Google Play's Terms of Service, and nothing in these terms limits any rights you have under those terms.

Eligibility

You must be able to form a binding contract to use Shellmark and to make any in-app purchase. If you are under the age of majority where you live, you may only use Shellmark with the involvement of a parent or guardian.

Termination

We may suspend or discontinue Shellmark, or your ability to use it, at any time. You may stop using Shellmark at any time by uninstalling it. Sections of these terms that by their nature should survive termination, including limitation of liability and assumption of risk, will survive.

Severability

If any provision of these terms is found unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Governing law

These terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising from these terms or your use of Shellmark will be resolved in the state or federal courts located in Florida.

Entire agreement

These terms, together with our Privacy Policy, are the entire agreement between you and Brainstorm regarding Shellmark and supersede any prior agreements about it.

Changes to these terms

We may update these terms from time to time; the effective date above will change when we do. Continued use of Shellmark after an update means you accept the revised terms.

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