Terms of Service

Last Updated: March 2, 2026

1. Acceptance of Terms

By accessing or using the DashDuckies website, mobile application, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and DashDuckies ("Company," "we," "us," or "our").

2. Eligibility

You must be at least 13 years of age to use this Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Description of Service

DashDuckies provides a platform for tracking rubber ducks equipped with unique QR codes. Users can scan QR codes, report duck sightings, upload photos, and track duck journeys on an interactive map. The Service may include subscription boxes, individual duck purchases, and QR code sticker packs. We reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice.

5. User Conduct

DashDuckies is a family-friendly platform. All users are expected to conduct themselves accordingly. You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
  • Upload, post, or transmit any content that is offensive, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Use profanity, vulgar language, or inappropriate content in duck names, duck descriptions, sighting reports, or any other user-generated text on the platform
  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity
  • Submit false, misleading, or fraudulent duck sighting reports or location data
  • Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks
  • Use automated scripts, bots, scrapers, or other automated means to access or interact with the Service
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Reverse engineer, decompile, or disassemble any portion of the Service
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices
  • Use the Service to distribute spam, chain letters, or unsolicited communications

6. User Content

You retain ownership of any content you submit, post, or display through the Service ("User Content"), including but not limited to photos, messages, and sighting reports. By submitting User Content, you grant DashDuckies a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and create derivative works from your User Content in connection with operating and promoting the Service. You represent and warrant that you have the right to grant this license and that your User Content does not violate the rights of any third party.

Acceptable Photos

Photos uploaded to the Service are limited to pictures of ducks (including duck sighting photos) and user profile pictures only. No other types of photos are permitted. Users may not upload photos that are unrelated to duck tracking or their personal profile. Any photos deemed inappropriate, unrelated, or in violation of these Terms will be removed without notice.

Content Standards

As a family-friendly platform, all user-generated content — including but not limited to duck names, duck descriptions, sighting reports, messages, and profile information — must be appropriate for audiences of all ages. Content containing profanity, sexual material, hate speech, graphic violence, or any other material unsuitable for a general audience is strictly prohibited.

We reserve the right, at our sole discretion, to review, edit, or remove any User Content that we deem inappropriate, offensive, or in violation of these Terms, without prior notice. Repeated violations may result in account suspension or termination.

7. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of DashDuckies and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks, logos, and service marks may not be used in connection with any product or service without our prior written consent.

8. Purchases and Payments

If you make any purchases through the Service (including subscription boxes, individual ducks, or sticker packs), you agree to pay all applicable fees and charges. All payments are non-refundable unless otherwise stated or required by applicable law. We reserve the right to change our prices at any time. Discount codes are single-use, non-transferable, and may not be combined with other offers unless explicitly stated.

9. Subscriptions

Subscription services, if offered, will automatically renew at the end of each billing period unless you cancel prior to the renewal date. You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period.

10. Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as described in our Privacy Policy. We collect location data when you report duck sightings; this data is displayed publicly on the DashDuckies map. Do not submit location data if you do not wish it to be publicly visible.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DASHDUCKIES, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13. Indemnification

You agree to defend, indemnify, and hold harmless DashDuckies and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, your User Content, or your violation of any rights of a third party.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Brevard County, Florida, and you consent to the personal jurisdiction and venue of such courts.

16. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the courts as specified in Section 15. YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

18. Waiver

The failure of DashDuckies to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

19. Entire Agreement

These Terms constitute the entire agreement between you and DashDuckies regarding the use of the Service, superseding any prior agreements between you and DashDuckies relating to the Service.

20. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect by posting the updated Terms on the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

21. Contact Us

If you have any questions about these Terms, please contact us at info@dashduckies.com.