Terms of Service.
In short
These are the rules for using Izak. The full terms below are the agreement. This summary is here so you know what you are agreeing to, and the full terms win if the two ever differ.
- Izak is run by Izak Walton Ltd, a UK company. Write to legal@fishwithizak.com about anything here.
- You must be 13 or over. If you are under 18, a parent or guardian must agree to these terms for you.
- What you post is yours. You give us permission to show it, keep it running and use it to make Izak better, including training Izak's own models. That permission ends when you delete the content, apart from a few things we explain.
- Creators choose. Link your YouTube channel and Izak only lists and recommends it. Give Izak your content directly and Izak learns from it to answer anglers better, unless you switch that off. You can switch it off at any time.
- Nobody else trains on your content through Izak. Not our AI providers, not advertisers, not anyone.
- Ask Izak is an AI. It can be wrong. Check fishing rules, seasons, licences and safety yourself before you act.
- Guides and shops are independent. Izak introduces you. The trip or the sale is between you and them.
- Be decent. The Community Rules say what is not allowed. We can suspend accounts that break them.
- Disputes. English law. If you live in the United States, the US addendum at the end applies to you.
Part A. Terms for everyone
1. Who we are and how these terms work
1.1 Izak is provided by Izak Walton Ltd, a company registered in England and Wales, company number 17345946, registered office 71–75 Shelton Street, London WC2H 9JQ ("Izak", "we", "us"). Contact us at legal@fishwithizak.com.
1.2 These terms apply to the Izak app, fishwithizak.com, the creator portal, the vendor portal and anything else we provide under the Izak name (the "Service"). By creating an account, tapping "Sign up" or "I agree", or using the Service, you agree to these terms and to our Privacy Policy. If you do not agree, do not use the Service.
1.3 These documents form part of these terms and are available at fishwithizak.com/legal. If they conflict, the more specific document wins for the subject it covers.
- The Privacy Policy, which says what we collect about you and why.
- The Community Rules, which say what you can and cannot post or do.
- Part B of these terms if you are a creator.
- The Review Policy, which says who can review a guide, and when a review is removed.
- The Guide Agreement if you offer guided trips, and the Business Terms if you sell through Izak. [Business Terms to be drafted before the marketplace goes live.]
1.4 We will change these terms from time to time. If the change matters to you, we will tell you in the app or by email at least [14] days before it takes effect, and you can close your account before then if you do not accept it. Using the Service after the date the change takes effect means you accept it. The version and date at the top tell you what you are reading.
2. Who can use Izak
2.1 You must be at least 13 years old, or older if the law where you live sets a higher minimum age for a service like this. If you are under the age at which you can enter a binding contract where you live, your parent or guardian must read these terms and agree to them on your behalf, and they are responsible for your use of the Service.
2.2 Accounts for people aged 13 to 17 start with private settings, cannot be used to offer guided trips or sell products, and their content is not used to train Izak's models or in any numbers we show to creators, guides or businesses.
2.3 The Service is available in the United Kingdom and the United States. [It is not currently offered in the European Economic Area.] We may make it available elsewhere, and when we do, we may apply additional terms for that country.
2.4 You may not use the Service if you are barred from doing so under the laws of the country you are in, or if we have previously closed an account of yours for breaking these terms.
3. Your account
3.1 Give us accurate information and keep it up to date. One person, one account, unless we agree otherwise for a business.
3.2 Keep your password private. You are responsible for what happens on your account until you tell us it has been compromised. Tell us straight away at security@fishwithizak.com if you think someone else has used it.
3.3 Your username and profile must not impersonate anyone, infringe anyone's rights or break the Community Rules. We may reclaim a username that does.
3.4 You can delete your account at any time in settings. What happens to your data afterwards is set out in the Privacy Policy and in section 5.5 below.
4. What Izak is, and what it is not
4.1 Izak is a platform for anglers. It gives you a logbook, a tackle bag, content from creators, an AI assistant we call Ask Izak, introductions to guides and, in time, products from businesses. We will add, change and remove features as Izak develops. If we withdraw a feature that you have paid for, section 10 says what happens.
4.2 Ask Izak and other AI features. Ask Izak and our recommendations are produced by AI models, some of which are ours and some of which are run for us by providers under contract. AI models make mistakes. They can misstate species, seasons, limits, regulations, access rights, tides, weather and safety information, and they can present something invented as fact. Anything Ask Izak tells you is information to help you decide, not advice, and you use it at your own risk. You must check the law, the rules of the water, the licence you need and the conditions on the day yourself before you fish.
4.3 Fishing is your responsibility. Water, weather, wading, boats, hooks and wild animals carry risk. Izak does not supervise you, does not know the conditions where you are and cannot keep you safe. Follow local rules, carry the right licence and do not rely on the app for safety-critical decisions.
4.4 Content from others. Creators, guides, businesses and other anglers post content on Izak. We do not check it before it appears and we do not endorse it. If something looks wrong, report it (section 7.4).
4.5 Recommendations. What Izak shows you is chosen by our recommendation systems using what you log, what you do in the app and what similar anglers do, as described in the Privacy Policy. Where a placement is paid for or is from a business with which we have a commercial relationship, we will label it.
5. Your content
5.1 What "Your Content" means. Everything you put on Izak. Catches, photos, videos, trip logs, waters and spots, tackle, posts, comments, reviews, messages, questions you ask Izak and your profile. If you are a creator, the content you bring to Izak is covered by Part B rather than this section.
5.2 It stays yours. You own Your Content. Nothing in these terms transfers ownership to us.
5.3 The licence you give us. So that we can run Izak, you give Izak Walton Ltd a worldwide, non-exclusive, royalty-free licence, with the right to sub-license to the providers who run parts of Izak for us, to:
- store, copy, back up, transmit and display Your Content and make it available to the people you have chosen to share it with, at the location precision you have chosen;
- reformat, resize, transcode, crop, caption, translate and otherwise adapt it so it works on different devices and in different parts of the Service;
- analyse it to run features you use, such as species identification, logbook statistics, search and Ask Izak;
- use it, with other anglers' content and your use of the Service, to improve Izak, to make recommendations and to develop and train Izak's own models, on the terms in section 6; and
- use it in grouped, non-identifying form, for example to show a creator how many anglers saved their video or to describe how a water fishes across a season.
5.4 What the licence does not allow. We will not sell Your Content. We will not license it to anyone for training AI models that are not Izak's own. We will not use your name, face or voice in advertising without asking you first and separately. We will not show Your Content to people you have not shared it with, except as the Privacy Policy describes for providers, safety and the law.
5.5 How long the licence lasts. The licence ends when you delete the content or your account, and we will remove it on the timetable in the Privacy Policy. Three things survive, because we cannot undo them:
- copies that other users have already shared, saved or reposted under your sharing settings before you deleted it;
- what Izak's models have already learned from it, and grouped statistics that already include it, neither of which contains a copy of the content itself; and
- copies in routine backups until those backups are overwritten, and copies we must keep by law or to deal with a dispute.
5.6 What you promise about Your Content. You promise that you have the right to post it and to give us the licence above, that it does not infringe anyone's copyright, privacy or other rights, that anyone recognisable in a photo or video has agreed to appear, that any location you tag is one you are entitled to disclose, and that it complies with the Community Rules.
5.7 Moral rights. Where the law allows, you agree not to assert your moral rights against the adaptations described in 5.3, such as cropping a photo for a thumbnail. We will credit you as the author wherever Your Content appears.
6. How we use content and data to improve Izak
6.1 Izak gets better by learning from how anglers fish. We use what you log, what you post, what you ask and how you use the Service to improve the Service, to make recommendations and to train Izak's own models. Izak's own models are models that we develop and control, or that a provider fine-tunes for us under a contract which forbids the provider from using the data for anything else.
6.2 We do not use your precise location to train Izak's models. Precise location means the exact coordinates you give a catch or spot, or anything finer than the name of the water. Before anything you log is used for training, its location is reduced to the water and the region, and only that is used under 6.1.
6.3 We do not allow any AI provider, advertiser or other third party to train models on Your Content or on creators' content through Izak. When we send a question to an AI provider to answer it, the provider may use what it receives only to produce the answer.
6.4 Content from accounts aged 13 to 17 is not used for training.
6.5 Creators' content is used for training under the training licence in Part B, which a creator can switch off at any time.
6.6 You can turn personalised recommendations off in settings. Doing so does not stop the uses in 6.1, which are needed to run and improve the Service for everyone.
7. How to behave on Izak
7.1 The Community Rules set out in detail what is not allowed. In summary, you must not:
- post anything illegal, abusive, harassing, hateful, sexually explicit, or that threatens or endangers anyone;
- post anything you do not have the right to post, including other people's photos, videos, music or text;
- disclose a protected spot, a private water or another angler's location without permission, or encourage trespass, poaching, fishing out of season or without a licence;
- misrepresent a catch, a species or a water, or post reviews of a guide or business you have not used;
- spam, scrape, crawl, data-mine or access the Service by automated means, attempt to get round any access control, or use the Service to build a competing dataset or model;
- sell, rent or share your account, or use the Service for any commercial purpose other than as a creator, guide or business under the applicable terms.
7.2 We may remove content and suspend or close accounts that break these rules, and we will tell you why unless the law prevents it or telling you would put someone at risk. Reviews of guides are removed only on the grounds in the Review Policy.
7.3 Appeals. If we remove your content or restrict your account, you can appeal by writing to appeals@fishwithizak.com within 30 days. A person will review the decision.
7.4 Reporting. You can report any content or behaviour in the app or at report@fishwithizak.com. We will acknowledge reports of illegal content and take the action the law requires.
8. Creators
If you bring fishing content to Izak as a creator, Part B applies to you as well as Part A. Part B explains the two ways to bring content to Izak and the training licence that lets Izak learn from it.
9. Guides, businesses and bookings
9.1 Guides and businesses on Izak are independent. They are not our employees, agents or partners. When you send a request to a guide or buy from a business, the contract for the trip or the product is between you and them. Izak introduces you and, where it says so, handles the payment on their behalf.
9.2 We do not guarantee a guide's qualifications, insurance, safety record or the accuracy of a listing, or a business's products, delivery or returns. Check for yourself and ask them directly.
9.3 Where Izak processes a payment, our payment provider handles your card details. Refunds, cancellations and disputes about a trip or a product are handled under the guide's or business's own terms, shown to you before you book or buy. [We will help you contact them and may, at our discretion, step in where a guide or business is unresponsive.]
9.4 The Guide Agreement governs guides themselves, including what Izak charges them, how they are paid, the cancellation policies they can choose and what they must hold to run a trip. The Business Terms will do the same for businesses.
10. Izak Pro
10.1 Izak Pro is a paid subscription giving access to the features listed in the app when you subscribe. Prices are shown before you buy. [Pro is sold through the Apple App Store and Google Play, and their terms apply to billing, renewal, cancellation and refunds.]
10.2 Pro renews automatically at the end of each subscription period until you cancel. You can cancel at any time through the store you bought it from, and it will run until the end of the period you have paid for.
10.3 If we offer a free trial, we will tell you how long it lasts and what you will pay when it ends. Cancel before the trial ends if you do not want to be charged.
10.4 We may change the price of Pro. We will tell you at least [30] days before the change takes effect, and you can cancel before then.
10.5 If we withdraw a Pro feature that was a material part of what you paid for, or stop offering Pro, we will tell you and refund the unused part of your subscription period.
10.6 If you live in the UK. You have 14 days from subscribing to change your mind and receive a refund, less a proportionate amount for any period you used the Service after asking us to start it immediately. Nothing in these terms removes your rights under the Consumer Rights Act 2015 in relation to digital content.
11. Third-party services
11.1 Izak works with services that are not ours, including but not limited to YouTube, map providers, payment providers and AI model providers. Their terms and privacy policies apply to what they do.
11.2 YouTube. Videos on Izak play in YouTube's own player, and creators connect channels through YouTube API Services. By using Izak you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms). Google's Privacy Policy (https://www.google.com/policies/privacy) applies to data Google collects. A creator can revoke Izak's access to their channel at https://security.google.com/settings/security/permissions.
11.3 We are not responsible for third-party services, and if one becomes unavailable or changes what it allows, we may have to change or remove the Izak features that depend on it.
12. Our rights, and your feedback
12.1 The Service, its software, design, models, text, graphics, the Izak name and logos, and all data we create from running the Service belong to us or our licensors. These terms give you a personal, non-transferable, revocable licence to use the app and the Service for your own non-commercial use (or your commercial use as a creator, guide or business under the relevant terms). They give you no other rights.
12.2 You must not copy, modify, reverse engineer, resell or create derivative works from the Service, its models or its outputs, or extract data from it at scale, other than Your Content and the outputs Ask Izak gives you for your own use.
12.3 If you send us ideas or suggestions, you agree we can use them without owing you anything. Please do not send us anything you want to keep confidential or be paid for.
13. Copyright and other complaints
13.1 We respect intellectual property and expect users to do the same. If you believe content on Izak infringes your copyright, write to copyright@fishwithizak.com with your contact details, a description of the work, where on Izak it appears, a statement that you believe in good faith the use is not authorised, a statement that your notice is accurate and that you are the owner or authorised to act for them, and your signature.
13.2 If you are in the United States. Our designated agent under the Digital Millennium Copyright Act is Jonathan Mitchell, 71-75 Shelton Street, London WC2H 9JQ, security@fishwithizak.com. We will remove or disable access to content on receipt of a valid notice, tell the person who posted it, and restore it if they send a valid counter-notice and the complainant does not go to court within the time the DMCA allows. We close the accounts of repeat infringers.
13.3 For complaints that content infringes other rights, defames you or breaks the Community Rules, use the in-app report or report@fishwithizak.com.
14. Suspension and ending the agreement
14.1 You can end this agreement at any time by deleting your account.
14.2 We can suspend or close your account, remove content or restrict features if you break these terms or the Community Rules, if we are required to by law or a court, if your account is used for fraud, abuse or a security threat, if you have not used it for 24 months, or if we stop providing the Service or the part of it you use. Where we can, we will tell you first and give you a chance to put things right. For serious breaches or safety risks we may act first and tell you afterwards.
14.3 If we close your account for a reason that is not your fault, we will refund any unused part of a paid period.
14.4 Sections that by their nature should continue after the agreement ends do so, including 5.5, 6, 12, 15, 16, 17, 18, 19 and the equivalent provisions in Part B.
15. What we do not promise
15.1 We work hard to keep Izak accurate, available and useful, but we provide it "as is". To the extent the law allows, we make no promise that the Service will be uninterrupted, error-free or secure, that content (including Ask Izak answers and recommendations) is accurate, complete or current, that any guide, business, creator or other user is who they say they are, or that the Service will meet your needs.
15.2 If you are a consumer in the UK, nothing in this section affects your legal rights to receive a service performed with reasonable care and skill and digital content that is as described, fit for purpose and of satisfactory quality.
16. Limits on our liability
16.1 What we never exclude. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow us to limit.
16.2 What we are not liable for. Subject to 16.1, we are not liable for any loss or damage that was not a foreseeable result of our breaking these terms or failing to use reasonable care and skill, for any loss of profit, business, goodwill or data in connection with a business purpose, for anything that happens on a fishing trip or on the water, for the acts or omissions of guides, businesses, creators or other users, or for content, including Ask Izak answers, that you relied on contrary to section 4.
16.3 The cap. Subject to 16.1, our total liability to you for all claims arising out of or connected with the Service in any 12-month period will not exceed the greater of (a) the amount you paid us in the 12 months before the claim arose and (b) £50 (or US$50 if you live in the United States).
16.4 If you are a consumer, 16.2 and 16.3 apply only to the extent the law where you live allows.
17. Your responsibility to us
17.1 If you use the Service for business purposes (as a creator, guide or business), you agree to compensate us for any loss, claim or cost, including reasonable legal fees, arising from Your Content, your breach of these terms, or your dealings with other users.
17.2 If you are a consumer, this section does not apply to you, but you remain responsible under the general law for the harm you cause.
18. Law and disputes
18.1 These terms, and any dispute arising out of them or the Service, are governed by the law of England and Wales. If you are a consumer living outside England and Wales, you also have the protection of any mandatory rules of the law of the country where you live, and nothing in these terms takes those away.
18.2 The courts of England and Wales have jurisdiction, except that if you are a consumer living in Scotland or Northern Ireland you may also bring proceedings in your own courts, and if you live in the United States the US Addendum in Part C applies instead of this 18.2.
18.3 Talk to us first. Before starting any formal proceedings, write to legal@fishwithizak.com and give us [30] days to resolve it with you. Most problems are fixed this way.
18.4 If you are a UK consumer and we cannot resolve a complaint, you may be able to use an alternative dispute resolution scheme. We will tell you whether we are a member of one and how to contact it.
19. General
19.1 These terms, with the documents in 1.3, are the whole agreement between you and us about the Service. If any part is found unenforceable, the rest continues. If we do not enforce a term, we can still enforce it later.
19.2 We may transfer our rights and obligations under these terms to another company, for example if Izak is sold, provided your rights are not reduced. You may not transfer yours without our consent.
19.3 Nothing in these terms gives any right to anyone who is not a party to them, except that our group companies and providers may rely on sections 5, 6, 15 and 16.
19.4 We are not responsible for a failure to perform caused by events outside our reasonable control.
19.5 The Service may be subject to export control and sanctions laws. You confirm you are not a person with whom we are prohibited from dealing.
19.6 These terms are written in English. Any translation is for convenience and the English version governs.
Part B. Creator terms
Part B applies to you if you bring fishing content to Izak as a creator, whether by linking a channel, uploading content directly or publishing inside Izak. It adds to Part A. If Part A and Part B conflict, Part B wins for creator content.
B1. Two ways to bring content to Izak
B1.1 You can bring content to Izak in two ways, and you can use both.
- Linked Content. Content that stays on YouTube (or another platform we support) and that Izak lists, recommends and plays through that platform's own player. You link it by connecting your channel through the platform's official API, or by submitting a public link.
- Direct Content. Content you give to Izak itself. Video, audio, images, articles, transcripts, show notes, tips, answers to anglers' questions and anything else you upload, type or publish inside Izak, including a copy of a video you also have on another platform, and a transcript Izak makes from a file you upload for that purpose (the file itself is deleted once transcribed).
B1.2 The two are treated differently because the platform you link from sets rules about what Izak can do with content that reaches us through it, and we must follow those rules whatever you and we agree.
B2. Linked Content
B2.1 What you give us. For Linked Content you give Izak Walton Ltd a worldwide, non-exclusive, royalty-free licence to display the title, description, thumbnail, chapter markers, channel name and other metadata the platform provides, to embed and play the content through the platform's player, to index and categorise it by species, water, technique and similar signals so anglers can find it, and to recommend it, including in Ask Izak answers with a link and credit to you.
B2.2 What we will not do with it. We will not download, copy, re-host or store the video or audio itself. We will not use Linked Content, or any data about it that reaches us through the platform's API, to train Izak's models or anyone else's. We hold metadata from a connected channel only as the platform allows, which for YouTube means refreshing or deleting it at least every 30 days and deleting it when you disconnect.
B2.3 YouTube. Connecting a YouTube channel uses YouTube API Services. You and we are bound by the YouTube Terms of Service, and you can revoke Izak's access at any time at https://security.google.com/settings/security/permissions or in the creator portal. If YouTube changes what it allows, we will change what we do with Linked Content to match, and we will tell you.
B2.4 Before you join. As the Privacy Policy explains, Izak may already list the public titles and descriptions of your fishing videos so anglers can find them. Linking your channel lets you claim and manage those listings. If you would rather not be listed at all, write to privacy@fishwithizak.com.
B3. Direct Content
B3.1 It stays yours. You own your Direct Content. You can publish the same content anywhere else. Nothing here is exclusive.
B3.2 The licence you give us. For Direct Content you give Izak Walton Ltd a worldwide, non-exclusive, royalty-free licence, with the right to sub-license to the providers who run parts of Izak for us, to host, store, copy, transcode, stream, display and distribute it on the Service to the audience you choose, to make clips, thumbnails, captions, transcripts, translations and other adaptations needed to present it well across the Service, to index and categorise it, to recommend it and to quote from it in Ask Izak answers with credit and a link to you, and to analyse it so the Service can understand what it is about.
B3.3 Training is covered separately. The licence in B3.2 does not by itself allow us to train Izak's models on your Direct Content. That is covered by the training licence in B4, which is on unless you switch it off.
B3.4 Credit. Wherever your Direct Content or a quote from it appears on Izak, we will show your name or channel name and link to your profile.
B4. The training licence
B4.1 What it is. As part of bringing Direct Content to Izak, you also give Izak Walton Ltd a worldwide, non-exclusive, royalty-free licence to use your Direct Content to develop, train, fine-tune, evaluate and improve Izak's own models and recommendation systems (the "Training Licence"). Izak's own models are those we develop and control, or that a provider trains for us under a contract that forbids any other use.
B4.2 It is on unless you switch it off. The Training Licence applies from the moment you add Direct Content. We show you the switch on the screen where you join as a creator, before you add any content, and again in the creator portal. You can switch it off at any time, and you can join Izak and bring content with it switched off.
B4.3 What it allows. We may use your Direct Content, including transcripts and the adaptations in B3.2, as training, fine-tuning and evaluation data for Izak's own models, so that Ask Izak understands fishing better and recommends more accurately. Models trained this way may generate answers that draw on what they learned from your content. Where an answer relies substantially on your content we will cite and link to it. [Where it is not possible to identify a source, no credit is shown.]
B4.4 What it does not allow. We will not sell your content or license it to anyone to train models that are not Izak's own. We will not allow an AI provider to retain or learn from your content beyond the work it does for us. We will not use your name, face or voice to generate content that purports to be by you. The Training Licence does not apply to content from a creator aged 13 to 17.
B4.5 Switching it off. From the moment you switch the Training Licence off we will not use your Direct Content in any new training, fine-tuning or evaluation run. Models and systems trained while it was on are not retrained, because it is not possible to remove what a model has learned from a specific piece of content, and the model does not contain a copy of your content. [We will tell you the date of the last training run that included your content on request.]
B4.6 Why we tell you up front. Learning from creators is how Ask Izak gets good, and we would rather you knew that on day one than found it in a settings menu. [Creators whose content Izak learns from get priority placement in Ask Izak answers and the creator numbers in B6.]
B5. What you promise
B5.1 For all content you bring to Izak, you promise that:
- you own it or have every permission needed to give us the rights in Part B, including from any co-creator, camera operator, editor, sponsor or brand featured in it;
- any music, footage, images or text in it that belongs to someone else is licensed for use on Izak in the way Part B describes, and for Direct Content with the Training Licence on, licensed for that use too, or you have removed it;
- anyone recognisable in it has agreed to appear, and any child in it appears with a parent or guardian's agreement;
- it does not reveal a private water, a protected spot or another person's location without permission, does not show or encourage illegal fishing, and complies with the Community Rules;
- where it is sponsored or paid for, that is clearly disclosed in the content as advertising law requires; and
- nothing in it breaks the terms of any platform it also appears on, or any agreement you have with a sponsor, network or management company.
B5.2 You will compensate us for any loss, claim or cost arising from a breach of B5.1, as section 17 says.
B6. Creator numbers
B6.1 We show you how your content performs on Izak, such as plays, saves, citations in Ask Izak and clicks through to your channel, as totals and trends. These numbers never identify an individual angler unless the angler has chosen to share their details with you. They are provided for information and we do not guarantee their accuracy.
B6.2 Numbers from a connected YouTube channel are shown to you only, and only as YouTube allows.
B7. Money
B7.1 [Izak does not currently pay creators and does not charge creators.] If we introduce payment, revenue sharing or paid promotion, we will offer it under separate terms that you can accept or decline.
B8. Ending
B8.1 You can disconnect a channel, remove Direct Content, switch the Training Licence off, or close your creator account at any time. The licences in B2 and B3 end when you remove the content, subject to the survivals in section 5.5 of Part A and to B4.5.
B8.2 We can end your creator account under section 14. If we do so for a reason that is not your fault, we will remove your Direct Content within [30] days and stop using it in new training from that date.
Part C. United States addendum
Part C applies to you only if you live in the United States. It replaces section 18.2 and adds to the rest of these terms. If Part C conflicts with Part A or B, Part C wins for US residents.
C1. Agreement to arbitrate
C1.1 Please read this carefully. It affects your rights. You and Izak agree that any dispute, claim or controversy arising out of or relating to these terms or the Service, including whether this clause applies, will be resolved by binding individual arbitration and not in court, except as C1.3 and C1.5 provide.
C1.2 How it works. The arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this clause. The arbitrator can award the same remedies a court could, but only to you individually. Hearings may be by video or telephone, or in the county where you live. We will pay all AAA filing, administration and arbitrator fees above the amount you would have paid to file in court, unless the arbitrator finds your claim frivolous.
C1.3 Small claims. Either of us may bring an individual claim in small claims court instead, if it qualifies.
C1.4 No class actions. You and Izak agree that claims may be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective or representative proceeding. If this C1.4 is found unenforceable for a particular claim, then C1 as a whole does not apply to that claim, which will be heard in court under C2.
C1.5 Exceptions. Either of us may seek an injunction or other equitable relief in court to protect intellectual property or to stop unauthorised use of the Service.
C1.6 Your right to opt out. You can opt out of this arbitration agreement by emailing legal@fishwithizak.com with your name, the email on your account and the words "arbitration opt-out" within 30 days of first accepting these terms. Opting out does not affect any other part of these terms.
C1.7 Before filing. Before starting an arbitration, you or we must send the other a written notice describing the dispute and the relief sought, and allow 60 days to resolve it informally. [If 25 or more similar claims are filed by or with the help of the same law firm, the parties agree to a staged "bellwether" process as the AAA Mass Arbitration Supplementary Rules provide.]
C2. Governing law and courts for US residents
C2.1 For US residents, these terms are governed by the laws of the State of Delaware and the federal laws of the United States, without regard to conflict-of-law rules, except that C1 is governed by the Federal Arbitration Act. Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in [Delaware], and you consent to their jurisdiction.
C3. US-specific terms
C3.1 Disclaimer and cap. For US residents, sections 15 and 16 apply to the fullest extent permitted by law, and the words "TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT" are added to section 15.1. Some states do not allow certain exclusions, in which case they apply to you only as far as that state allows.
C3.2 Time to bring a claim. Any claim must be filed within one year after it arises, or it is permanently barred, where the law allows.
C3.3 California residents. Under California Civil Code §1789.3, you may 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. Our contact details are in section 1.1.
C3.4 Section 230. Nothing in these terms waives any protection Izak has under 47 U.S.C. §230 or the Digital Millennium Copyright Act.
C3.5 Indemnity. For US residents who are consumers, section 17.1 applies to the extent your state allows.
Contact
legal@fishwithizak.com, or Izak Walton Ltd, 71–75 Shelton Street, London WC2H 9JQ, marked "Legal".
Questions about these documents: privacy@fishwithizak.com.
Terms · Privacy · Community Rules · Cookies · All legal documents