Lake Pulse Analytics, Inc. — Terms of Service

This is a binding contract between you and Lake Pulse Analytics, Inc.

By creating an account — whether by clicking "Sign Up," checking the acceptance box, or otherwise accessing the Platform — you agree to everything in this document. If you do not agree, do not create an account.

Three things are worth knowing before you read further:

1. Lake Pulse is a technology platform, not an authority. We do not certify, judge, or officially rate the condition of any lake. We do not manage lakes, treat lakes, or issue advisories about lakes. We organize data so that the people who live on and care for a lake can make better decisions.
2. What users post is what users said — not what Lake Pulse said. Communications, alerts, advisories, and characterizations posted by Plus, Lake Admin, and PRO Subscribers are the statements of those Subscribers. See Part IX.
3. If something is wrong, you agree to tell us first. Lake data is imperfect. We expect corrections. Section 12.1 explains how to raise a problem and what we commit to doing about it.

How This Document Is Organized

"Account" means your registered user profile on the Platform.

"Boathouse" means Lake Pulse's expert support and professional services function, including advisory calls, custom quotes, audits, and paid professional assessments.

"Content" means any data, text, photograph, image, note, comment, measurement, observation, document, alert, advisory, notice, or other material submitted to or published on the Platform by a user.

"Government Authority" means any federal, state, tribal, county, municipal, regional, district, or other governmental or quasi-governmental body, agency, department, commission, court, or official, of any jurisdiction.

"Lake Communication" means any Content that characterizes, announces, warns of, advises on, or recommends action regarding the condition, safety, or use of a lake or any portion of it — including but not limited to swimming advisories, closure notices, bloom alerts, contact-recreation warnings, "all clear" notices, and condition summaries.

"Lake Record" means the collection of data, documents, Content, and history associated with a specific lake on the Platform.

"Lake Pulse Data" means data compiled, licensed, standardized, or generated by Lake Pulse, including the Lake Pulse Foundational Database.

"Non-User" means any person or entity that has not accepted these Terms.

"Permanent Record" means the Lake Record for a specific lake as maintained on the Platform over time, including its continuity across changes in Account holders, Subscription Tiers, lake leadership, and staff. The term is descriptive only: it does not mean that the Lake Record is an official, certified, government, or legally authoritative record of a lake's condition, and it confers no such status. "Permanent" describes continuity, not finality — Content may be corrected, exported, or deleted in accordance with these Terms.

"Platform" means lakepulse.co, the Lake Pulse Toolbox, associated applications and tools, and all services we provide under these Terms.

"Public Source Data" means data obtained from federal, state, tribal, municipal, academic, or other publicly available sources.

"Subscription" means a paid tier of access: Basic, Plus, Lake Admin, or PRO.

"Tier" means the level of access associated with your Account: Member (free), Basic, Plus, Lake Admin, or PRO.

"User Content" means Content submitted by any user other than Lake Pulse.

"Your Lake" means the single lake associated with your Account under Section 4.4.

2.1 Our Purpose

Lake Pulse exists to help lake communities understand and improve the health and safety of their lakes. We organize data, connect tools, and provide access to expertise so that residents and associations can make informed decisions.

Our stated objective — which we hold ourselves and our users to — is that lake health and safety goals are best achieved through transparency, accountability, and inclusiveness within the lake community. These Terms are written to support that objective.

2.2 Lake Pulse Is a Platform, Not a Decision-Maker

Lake Pulse provides infrastructure. You provide judgment.

We do not manage lakes. We do not treat lakes. We do not perform remediation. We do not issue advisories, warnings, closures, or all-clears. We do not direct the activities of any lake association, homeowners association, municipality, district, or property owner. Decisions about your lake — and communications about your lake — are made by you and your community, not by us.

2.3 Lake Pulse Is Not the File of Record

This section is important. Please read it carefully.

Lake Pulse is not the legal file of record for any lake, and nothing on the Platform constitutes an official determination, certification, ruling, or judgment regarding the condition of any waterbody.

Specifically:

• We are not a regulatory authority. Official determinations about water quality, impairment status, use designations, or compliance are made by the Government Authorities with jurisdiction over the waterbody — not by Lake Pulse.
• Much of the data on the Platform was not collected by licensed or certified professionals. Volunteer sampling, resident observations, homeowner-installed sensors, and community submissions are valuable and are a core part of what the Platform is for. They are also not, by themselves, a professionally certified dataset. Sensors may be installed incorrectly. Samples may be collected outside of protocol. Equipment may drift, foul, or fail.
• We do not verify installations. Unless a Boathouse professional service was purchased for that specific purpose, Lake Pulse has not inspected, validated, or certified the siting, calibration, or maintenance of any monitoring equipment reflected on the Platform.
• We are not an official judge of a lake's condition. Any characterization, score, trend, indicator, or summary appearing on the Platform is a representation of available data, not an adjudication of fact.

Lake Pulse uses the data available to it to help users make decisions. That is the whole of what we claim.

2.4 When an Assessment Becomes Professional

Users may engage the Lake Pulse Boathouse to audit data, practices, insights, interventions, or results. A completed Boathouse engagement produces a professional assessment within the scope defined in the applicable statement of work or product description.

Absent such an engagement, no output of the Platform should be treated as a professional assessment, an engineering opinion, a legal opinion, a real estate disclosure, an insurance representation, or a scientific certification. See Part X.

2.5 Not Professional Advice

The Platform does not provide legal, financial, insurance, real estate, engineering, medical, or public health advice. Consult a qualified professional licensed in the relevant jurisdiction before acting on any information obtained through the Platform, particularly where health, safety, property value, regulatory compliance, or financial exposure is involved.

2.6 Emergency and Public Health Situations

The Platform is not an emergency notification system, a public warning system, or a public health alert service, and is not monitored in real time.

If you observe a condition presenting an immediate risk to human or animal health — including but not limited to a suspected harmful algal bloom, a fish kill, a chemical spill, or a sewage discharge — contact your state or local health department, environmental agency, or emergency services immediately. Do not rely on the Platform to trigger a public health response, and do not rely on the absence of a warning on the Platform as an indication that conditions are safe.

2.7 No Duty to Monitor, No Duty to Warn

Lake Pulse has no duty to monitor Content, to monitor conditions at any lake, to detect any condition, to review or verify any Lake Communication, or to warn any person of any condition.

Where we do monitor, review, moderate, remove, flag, annotate, or comment on Content, we do so voluntarily and selectively. Voluntary action in one instance creates no duty to act in any other instance, creates no expectation of continued action, and does not constitute an undertaking to render services for the protection of any person.

Nothing in these Terms, and nothing in the design or operation of the Platform, shall be construed as an assumption by Lake Pulse of any duty of care that would not otherwise exist at law, including under any theory of negligent undertaking, voluntary assumption of duty, or gratuitous rendering of services.

2.8 No Special Relationship

Your use of the Platform does not create a fiduciary, agency, partnership, joint venture, employment, professional-client, or special relationship between you and Lake Pulse, and does not create any such relationship between Lake Pulse and any Non-User. Lake Pulse owes no duty to any Non-User arising from another person's use of the Platform.

2.9 The Absence of Data Means Nothing

A lake with no recent data, no advisory, no alert, and no reported condition is a lake about which the Platform has no information. It is not a lake that has been found to be safe, healthy, unimpaired, or free of hazard. Do not treat silence on the Platform as an affirmative statement of any kind.

3.1 Where Data Comes From

Data on the Platform originates from several distinct sources, each with different reliability characteristics:

1. Public Source Data — federal, state, tribal, municipal, academic, and other publicly available datasets, including the roughly 500,000 standardized lake records comprising the Lake Pulse Foundational Database.
2. Third-party licensed data — datasets, imagery, parcel information, and derived products licensed from commercial providers.
3. Device and sensor data — telemetry from monitoring equipment, whether purchased through the Lake Pulse Toolbox or connected from other sources.
4. Laboratory results — analytical results from laboratory partners, subject to the chain-of-custody and handling conditions applicable to each test.
5. User Content — observations, photographs, notes, comments, communications, and records submitted by users.
6. Lake Pulse Data — standardization, integration, and derived outputs produced by Lake Pulse from the above.

3.2 No Warranty of Accuracy or Completeness

Lake Pulse does not claim, and has never claimed, that all information on the Platform is accurate, current, or complete.

We have compiled as much public domain data and information on as many United States lakes as we deemed useful for the Platform's purpose. We expect that some of it is wrong. We expect that some Lake Records will require adjustment. This is a known and acknowledged characteristic of aggregated environmental data, not a defect in our service.

Errors may arise from, among other causes: - inaccuracies present in the original third-party or public source; - changes in lake conditions since data was collected; - differences in collection methodology, detection limits, or laboratory practice; - equipment malfunction, drift, biofouling, or improper installation; - transcription, mapping, geolocation, or identifier-matching errors in the source data; - misidentification of a waterbody, or confusion between waterbodies sharing a name; - User Content that is mistaken, outdated, or incorrectly entered.

3.3 Third-Party Data

Where data originates with a third party, errors in that data are the responsibility of the originating source. Lake Pulse makes reasonable efforts to select credible sources, to apply consistent standardization practices, and to correct known errors when they are identified, but does not independently verify third-party data and does not assume liability for its accuracy.

3.4 User-Contributed Data

If another user has added incorrect, incomplete, or misleading data to a Lake Record, that is the responsibility of the contributing user. Lake Pulse does not pre-screen User Content and is not responsible for its accuracy.

Lake Pulse acts as an interactive computer service provider with respect to User Content and, to the extent applicable, claims the full protections available under 47 U.S.C. § 230, including with respect to decisions to publish, decline to publish, restrict, remove, or leave in place any User Content.

3.5 Your Obligation to Report Errors

If you identify an error, inconsistency, or omission in any data on the Platform, you agree to report it to Lake Pulse through the Contact page or the in-Platform correction mechanism.

Lake Pulse commits to reviewing reported errors in good faith and, where a correction is warranted and within our reasonable ability to make, correcting the record or annotating it with the disputed status. Where the error originates with a third-party source, we will make reasonable efforts to escalate the correction to that source.

This obligation runs in both directions and applies to every Tier, including free Members. See Section 12.1.

These terms apply to every user of the Platform regardless of Tier.

4.1 Eligibility

You must be at least 18 years of age and capable of forming a binding contract to create an Account. If you create an Account on behalf of an organization — a lake association, homeowners association, district, municipality, or company — you represent that you are authorized to bind that organization to these Terms, and both you and the organization are bound.

4.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activity occurring under your Account. Notify us promptly if you believe your Account has been compromised. Accounts are personal to the registered user and may not be shared, sold, transferred, or made available to third parties without our written consent.

4.3 Accurate Registration Information

You agree to provide accurate registration information, including your name, email address, and your relationship to Your Lake, and to keep that information current. Accounts created with materially false information may be suspended or terminated.

4.4 The One-Lake Rule

Each Account is associated with one lake.

This is a deliberate design choice, not a technical limitation. It exists to protect lake communities. See Section 7.4 for a full explanation.

You agree not to circumvent this limitation by creating multiple Accounts, using false identities, or obtaining access through another user's credentials. Circumvention is a material breach of these Terms.

Users with a legitimate multi-lake need — including agencies, researchers, watershed organizations, and multi-lake associations — should contact the Boathouse to discuss appropriate access arrangements rather than creating multiple Accounts.

4.5 Acceptable Use

You agree not to:

• scrape, crawl, harvest, bulk-download, or systematically extract data from the Platform by automated or manual means;
• use the Platform to compile a competing database, dataset, or product;
• resell, sublicense, syndicate, or commercially redistribute Lake Pulse Data or another user's Content;
• use the Platform to solicit, market, or advertise to other users without our written consent;
• misrepresent your identity, affiliation, or relationship to a lake in order to gain access to a Lake Record;
• access or attempt to access data associated with a lake other than Your Lake;
• use the Platform to conduct surveillance, investigation, or due diligence on a lake, a property, or a person on behalf of a third party with a commercial or adverse interest;
• reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Platform;
• interfere with, disrupt, probe, or attempt to gain unauthorized access to the Platform or its infrastructure;
• use the Platform for any unlawful purpose or in violation of any applicable law or regulation.

4.6 Community and Content Standards

All users who are permitted to submit Content — Basic, Plus, Lake Admin, and PRO Subscribers — agree to the Lake Pulse Community Guidelines, which are incorporated into these Terms by reference.

The Platform includes social features: field images, field notes, and comments. These exist to help a lake community build a shared record, not to serve as a general-purpose social network.

Prohibited Content includes anything that is:

• unlawful, or that facilitates unlawful activity;
• knowingly false, fabricated, or intentionally misleading, including falsified sampling results, altered laboratory reports, or misattributed photographs;
• defamatory, harassing, threatening, abusive, or targeted at an individual;
• discriminatory on the basis of race, color, religion, sex, national origin, disability, age, or any other protected characteristic;
• obscene, sexually explicit, or gratuitously violent;
• infringing on the intellectual property, privacy, or publicity rights of another;
• disclosing another person's private information without consent, including addresses, phone numbers, or images of identifiable individuals or private property taken without permission;
• commercial solicitation, spam, or promotional material;
• unrelated to the lake community's health, safety, or stewardship purpose.

Enforcement. Lake Pulse reserves the right, in its sole discretion, to remove any Content it determines to be unlawful, prohibited, materially inaccurate, or inconsistent with these Terms or the Community Guidelines. We may do so with or without notice.

Users who post Prohibited Content may have their Account suspended or permanently terminated. Termination for posting unlawful Content, knowingly false data, or Content targeting or endangering another person is permanent, and we reserve the right to refuse future Accounts to that person. This enforcement right is subject to Section 6.4 for Plus, Lake Admin, and PRO Subscribers.

We are not obligated to monitor Content, and our decision not to remove particular Content does not constitute endorsement of it. See Section 2.7.

4.7 Ownership of Your Content

You retain ownership of Content you submit.

By submitting Content, you grant Lake Pulse a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, adapt, and distribute that Content solely for the purposes of (a) operating and improving the Platform, (b) making the Content available to authorized users of Your Lake's Lake Record, and (c) fulfilling services you have requested. This license does not permit us to sell your Content, syndicate it to third parties, or use it for advertising. See Part VI.

This license survives termination of your Account only to the extent necessary to maintain the integrity and continuity of Your Lake's Lake Record for the remaining community. You may request removal of specific Content at any time, and we will honor reasonable requests unless retention is required by law or necessary to preserve the historical record of a reported condition.

You represent that you have the right to submit any Content you post and that doing so does not violate any law or third-party right.

4.8 Lake Pulse Intellectual Property

The Platform, the Lake Pulse Foundational Database, the Lake Pulse name and logo, and all associated tools, software, interfaces, methodologies, documentation, and derived outputs are the property of Lake Pulse Analytics, Inc. or its licensors and are protected by intellectual property law.

Your Subscription grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Platform for the internal, non-commercial purpose of managing and understanding Your Lake. No other rights are granted.

4.9 Fees, Billing, and Cancellation

Subscription fees, billing intervals, and renewal terms are stated at the point of purchase. Subscriptions renew automatically unless canceled before the renewal date. You may cancel at any time through your Account settings; cancellation takes effect at the end of the current billing period.

Except where required by law or expressly stated otherwise in a specific product description, fees are non-refundable. Hardware, laboratory testing, rentals, and Boathouse professional services are governed by the terms stated in their respective product descriptions and any applicable statement of work, which control in the event of a conflict with these Terms.

We may change Subscription pricing on notice as provided in Section 13.1. Price changes take effect at your next renewal.

4.10 Third-Party Hardware, Laboratories, and Vendors

Lake Pulse is vendor-neutral. Where the Platform facilitates purchase, rental, or use of third-party hardware, laboratory services, or professional services, those goods and services are provided by the third party under their own terms and warranties.

Lake Pulse does not manufacture sensors and does not operate laboratories. We make reasonable efforts to select credible partners and to describe their offerings accurately, but we do not warrant third-party products and are not liable for their performance, defects, delays, or results. Manufacturer and laboratory warranties, where they exist, run to you directly.

The terms below are in addition to the Universal Terms in Part IV. Where a Tier-specific term conflicts with a Universal Term, the Tier-specific term controls for that Tier.

5.1 Member (Free Tier)

5.1.1 What Membership Includes

Membership is free and provides read-only access to Your Lake's Lake Record and to general Platform content. Members may view data, reports, and Content but may not submit, edit, comment on, or otherwise interact with Content.

5.1.2 Member Obligations

As a Member, you agree that:

• You will use the Platform only to inform your own understanding of Your Lake.
• You will not scrape, extract, or redistribute data you access through the Platform.
• If you see something you believe is wrong, you will contact Lake Pulse first. Members are the largest group of readers on the Platform and are frequently the first to notice an error. Reporting it is the primary way Members contribute to the record. This obligation is set out in Section 12.1 and applies fully to free Members.

5.1.3 No Guarantee of Continued Free Access

The Member Tier is provided at no charge and without warranty of any kind. We may modify, limit, or discontinue the free Tier, in whole or in part, at any time, with reasonable notice where practicable.

5.1.4 Termination of Member Accounts

We may suspend or terminate a Member Account at any time, with or without cause, and with or without notice. The consultation-call protection in Section 6.4 does not apply to the free Member Tier.

5.2 Basic Subscriber

5.2.1 What Basic Includes

Basic Subscribers have all Member rights, plus the ability to:

• add photographs to Field Images;
• add observations to Field Notes;
• comment on Field Images and Field Notes submitted by other users of Your Lake;
• access Basic-tier tools and reports as described in the current Subscription description.

Basic Subscribers may not issue Lake Communications. Advisories, alerts, closures, and condition characterizations are reserved to Plus, Lake Admin, and PRO Subscribers under Section 5.3.

5.2.2 Contribution Standards

When you submit Content, you agree to:

• Submit in good faith. Record what you observed, when you observed it, and where. Do not embellish, speculate as fact, or present an observation as a measurement.
• Date and locate accurately. Field Images and Field Notes gain their value from being correctly situated in time and place. Misdated or mislocated Content degrades the Lake Record for everyone.
• Distinguish observation from conclusion. "Green scum along the north shore on August 3" is an observation. "The lake has a toxic algal bloom" is a conclusion that requires analysis. Report the first; let the Platform, qualified professionals, and the responsible Government Authorities handle the second.
• Not speak for the lake. Basic Subscribers do not speak for the lake community. Statements characterizing the overall condition, safety, or status of the lake are the responsibility of the lake's Plus, Lake Admin, or PRO Subscribers and, ultimately, of the agencies with jurisdiction.
• Respect privacy. Do not photograph identifiable individuals without their consent, and do not post images of private property in a manner intended to identify, shame, or accuse a specific owner.

5.2.3 Community Guidelines Apply

Basic Subscribers are subject to the content standards in Section 4.6. Content that Lake Pulse determines to be unlawful, prohibited, or materially inaccurate will be removed, and repeat or serious violations will result in permanent removal from the Platform.

5.2.4 Comments on Other Users' Content

The comment function exists to add context, correct the record, and build shared understanding. Disagreement is expected and welcome. Personal attacks, harassment, and accusations directed at named individuals or specific properties are not.

If you believe another user's Content is inaccurate, the appropriate responses are (a) to comment with your own observation and reasoning, and (b) to report the inaccuracy to Lake Pulse. Escalating a data dispute into a personal one is a violation of these Terms.

5.3 Plus, Lake Admin, and PRO Subscribers

Plus, Lake Admin, and PRO Subscribers are subject to the same terms and conditions. Lake Admin and PRO carry additional privileges and access to Lake Admin-exclusive or PRO-exclusive products and services, but all three Tiers carry the same responsibilities under this Section 5.3.

5.3.1 What These Tiers Include

Plus, Lake Admin, and PRO Subscribers have all Basic rights, plus access to the tools, reports, data services, and Boathouse offerings associated with their Tier as described in the current Subscription description. Certain products and services are exclusive to the Lake Admin or PRO Tier.

5.3.2 Stewardship of the Lake Record

Plus, Lake Admin, and PRO Subscribers are largely responsible for their lake's narrative and for keeping the Lake Record current.

This is the defining obligation of these Tiers. In exchange for elevated access and authority over Your Lake's Lake Record, you accept a corresponding duty of care to the community that depends on it. Specifically, you agree to:

• Keep the record current. Update the Lake Record as new data, results, conditions, or interventions become available, using reasonable efforts and within the practical constraints of a volunteer or community organization.
• Maintain transparency within the lake community. Material information about the lake's condition — particularly information bearing on health or safety — should be made available to the lake community it affects.
• Maintain accountability. Where you have made a decision, taken an action, or reported a result on behalf of the lake, the record should reflect who did what and when.
• Maintain inclusiveness. The Lake Record belongs to the lake community, not to any individual, faction, board, or property interest within it. You agree not to use your elevated access to exclude, silence, or disadvantage members of your own lake community.
• Correct known errors. If you know a portion of Your Lake's record is wrong, correct it or flag it. Knowingly leaving a material error in place is a breach of this Section.

5.3.3 You Are the Speaker of Your Lake Communications

This section is important and carries legal consequences. Please read it carefully.

Plus, Lake Admin, and PRO Subscribers may issue Lake Communications through the Platform — including swimming advisories, closure notices, bloom alerts, all-clear notices, and condition summaries — to other users of Your Lake.

When you do so:

• You are the speaker. The Lake Communication is your statement, issued in your own name or in the name of the organization you represent. It is not a statement by Lake Pulse. Lake Pulse does not originate, author, review, approve, endorse, verify, ratify, or adopt it.
• You are solely responsible for the accuracy, timing, scope, wording, distribution, and consequences of the Lake Communication, and for any decision to issue one, to delay one, to modify one, or not to issue one at all.
• You represent that you are authorized to issue it under the bylaws, governing documents, board resolutions, or delegated authority of the organization on whose behalf you act, and under any applicable law, ordinance, permit, or agency requirement.
• You represent that it complies with applicable law, including any requirement that public health advisories be issued or approved by a health department or environmental agency, and any restriction on who may declare a waterbody unsafe or closed.
• You will not present it as an official determination. Unless a Government Authority with jurisdiction has issued the underlying determination — in which case you should identify that Authority — you will not state or imply that a Lake Communication is an official, governmental, or regulatory action.
• You will keep it current. If a condition changes or resolves, you will update or withdraw the Lake Communication within a reasonable time.

Lake Pulse's provision of a field, template, format, notification channel, badge, or distribution mechanism for Lake Communications is a technical service. It does not make Lake Pulse the author, publisher, issuer, or approver of any Lake Communication. See Part IX.

5.3.4 Indemnification for Lake Communications

You agree to indemnify, defend, and hold harmless Lake Pulse from any claim brought by any person or entity — including any Non-User such as a business, resort, marina, short-term rental operator, homeowners association, contractor, or property owner — arising out of or relating to any Lake Communication or other Content you issue, including claims for lost revenue, business interruption, diminution in property value, defamation, trade libel, tortious interference, or negligent misrepresentation. This obligation is in addition to Section 11.6.

5.3.5 Insurance

Plus, Lake Admin, and PRO Subscribers, and the organizations they represent, are strongly encouraged to maintain appropriate general liability and directors-and-officers coverage. Lake Pulse does not insure you, your organization, your officers, or your lake, and provides no coverage of any kind for claims arising from Lake Communications or other Content you issue. Consult an insurance professional if coverage is desired.

5.3.6 Breach Through Conduct Contrary to Lake Health and Safety

Actions that Lake Pulse determines to be contrary to lake health and safety practices — including failure to maintain reasonable updates, deliberate suppression of material health or safety information from the lake community, falsification of records, issuance of knowingly false Lake Communications, or misuse of elevated access — will be treated as a material breach of these Terms.

Lake Pulse will exercise this judgment reasonably, in good faith, and with regard to the practical realities of volunteer-run lake organizations. Ordinary delay, limited resources, disagreement about lake management strategy, and honest error are not breaches. Concealment, falsification, and exclusion are.

5.3.7 Authority to Remove — With a Required Consultation Call

Because Plus, Lake Admin, and PRO Subscribers are employing the Platform specifically to realize their lake's health and safety goals, Lake Pulse retains ultimate authority to remove a user from a Plus, Lake Admin, or PRO Subscription where that user's conduct is inconsistent with those goals.

This authority may only be exercised after a consultation call has been completed. See Section 6.4, which states this as a binding commitment on Lake Pulse.

Upon removal, we will refund the unused portion of your Subscription on a pro-rata basis.

5.3.8 Authority Over Disclosure

Plus, Lake Admin, and PRO Subscribers hold consent authority over the disclosure of Your Lake's non-public data to third parties, as described in Part VII. This authority is held on behalf of the lake community and is subject to the statutory reporting and legal process obligations described in Section 7.6 and Part VIII.

5.3.9 Organizational Accounts

Where a Plus, Lake Admin, or PRO Account is held on behalf of an association, board, district, or other organization, the organization — not the individual officer — is the contracting party, and the individual holding the credentials represents that they are authorized to act for the organization. Upon a change in officers, the organization is responsible for transferring the Account. Lake Pulse will make reasonable efforts to assist with orderly transfer but is not responsible for adjudicating internal organizational disputes over control of an Account, over what should be posted, or over who speaks for the lake. See Section 9.7.

This Part states binding commitments by Lake Pulse to you. These are not aspirational statements; they are contractual obligations enforceable against us.

6.1 We Will Not Sell Your Name or Email Address

Lake Pulse will not sell, rent, lease, license, trade, or otherwise transfer your name, email address, mailing address, phone number, or any other personal contact information to any third party. Ever.

We do not sell email lists. We do not sell user lists. We do not sell mailing lists. We do not participate in data cooperatives, list exchanges, or lead-generation arrangements. There is no tier of service, partnership, or commercial arrangement under which your contact information becomes available to anyone outside Lake Pulse.

The only exceptions are the operational ones every business has: service providers who process data strictly on our behalf and under contractual confidentiality obligations (payment processing, email delivery, hosting, customer support tooling), and disclosures compelled by valid legal process under Part VIII.

6.2 We Will Not Sell Access to Your Lake's Data or Broker Deals for It

Lake Pulse will not sell, license, syndicate, or broker access to your lake's non-public data, your Content, or your Lake Record to third parties.

This commitment applies specifically — and without limitation — to:

• lake and pond treatment, herbicide, and algaecide applicators;
• aquatic vegetation management and dredging contractors;
• shoreline restoration, erosion control, seawall, and dock and marine construction companies;
• recreational equipment companies, boat and watercraft dealers, marinas, and outfitters;
• real estate brokerages, listing platforms, MLS aggregators, iBuyers, and property data aggregators;
• title companies, appraisers, and property inspection firms;
• mortgage lenders, underwriters, and secondary-market purchasers;
• insurance carriers, reinsurers, brokers, and catastrophe modeling firms;
• short-term rental platforms and vacation rental operators;
• land developers, homebuilders, and site selection firms;
• water utilities, industrial water users, and commercial withdrawers;
• litigation support, expert witness, and claims investigation firms;
• data brokers, advertising networks, marketing platforms, and audience segment providers;
• AI training data aggregators and model developers;
• political, advocacy, and campaign organizations.

If any category is not named above, assume it is covered. The rule is the rule regardless of the buyer.

6.3 We Will Not Advertise Your Lake's Condition

Lake Pulse will not publish, promote, market, advertise, or publicly characterize the condition of any specific lake, and will not use any identified lake's condition in our marketing, sales materials, press outreach, or public communications, without the express written consent of that lake's Plus, Lake Admin, or PRO Subscriber, where the lake has one.

We may publish aggregated, de-identified, or statistically summarized information that does not identify any specific lake or user. We may reference publicly available information about a lake that is already in the public domain through government or other public sources.

6.4 We Will Not Remove a Plus, Lake Admin, or PRO Subscriber Without a Consultation Call

Lake Pulse cannot terminate, downgrade, or suspend a Plus, Lake Admin, or PRO Subscription until a consultation call has been offered and completed.

The call will: - identify the specific conduct at issue; - give the Subscriber a full opportunity to respond, explain, and provide context; - identify what corrective action, if any, would resolve the matter; - take place at a mutually workable time within a reasonable period.

The only exceptions are where (a) the Subscriber declines or fails to schedule the call after two documented attempts across at least fourteen (14) days, (b) immediate suspension is required by law or a valid legal order, or (c) the conduct at issue presents an immediate risk to the safety of a person, in which case we may suspend access pending the call rather than terminate without one.

This protection does not apply to the free Member Tier or, except as required by law, to the Basic Tier.

6.5 We Will Not Disclose Your Lake's Data Without Consent

Lake Pulse will not share, transfer, or disclose Your Lake's non-public data or Content to any third party — including any Government Authority — without the express written consent of that lake's Plus, Lake Admin, or PRO Subscriber, where the lake has one.

This commitment is subject to Section 7.6 and Part VIII, which describe the circumstances in which disclosure is compelled by law. Those circumstances are real and we will comply with them; we will also, where legally permitted, notify you before we do.

6.6 We Have No Stake in What the Data Says

Lake Pulse takes no financial position in any treatment, intervention, remediation, or outcome at your lake. We do not receive commissions, referral fees, or revenue share contingent on a lake's diagnosis, on the sale of a treatment, or on any particular reading of your data.

Our vendor-neutrality is structural. Where we sell hardware, laboratory testing, or services through the Toolbox, we do so on stated terms visible to you, and our recommendations are not conditioned on which vendor you choose.

This Part addresses the most nuanced area the Platform operates in. We have tried to state our position plainly.

7.1 The Water Is Public. We Do Not Dispute That.

Waters of the United States are held in trust by the states and, in tribal jurisdictions, by tribal governments, for the benefit of the public. Lake Pulse does not claim, and could not claim, ownership of a waterbody, of the right to use it, or of the public's interest in it.

Data generated under public programs — state monitoring, federal assessments, permit compliance reporting, agency sampling — is public data and remains public data. Nothing in these Terms restricts, or purports to restrict, public access to public records. Nothing in these Terms affects any right of access under the Freedom of Information Act, state public records laws, the Clean Water Act, or any equivalent federal, state, or tribal authority.

Lake Pulse does not withhold anything the public is entitled to. What we govern is the disclosure of data the public does not otherwise have — data generated by, paid for by, and belonging to the lake community itself.

7.2 The Distinction We Draw

The distinction is between public data about a lake and private data generated by a lake community.

When a state agency samples your lake under its monitoring program, that result is a public record and we treat it as one. When a homeowner pays for a laboratory test at their own dock, installs their own sensor, or photographs a condition on their own shoreline, that result is theirs. It is private, it is commercially sensitive, and it does not become public simply because it was uploaded to a platform.

This distinction is not novel. It is the same logic that governs personal health data: a public health agency's disease surveillance statistics are public; your own test results are not. Both are true at once.

7.3 Sequence, Not Suppression

Our position is about when and by whom community-generated data is shared — not whether it can be shared.

A lake community frequently needs to understand a result, verify it, seek expert interpretation, and reach internal agreement before that result enters public circulation. A single elevated reading at a single dock on a single day is not a finding. Released without context, it can produce alarm, property market disruption, and inter-neighbor conflict, none of which improve the lake.

That is a sequencing judgment, made by the community, about the community's own data. It is not a right to conceal, and Lake Pulse does not offer one:

• We do not, and will not, help any user withhold information that law requires be reported. See Section 7.6.
• We treat deliberate suppression of material health or safety information from a lake's own community as a breach of these Terms. See Section 5.3.6.
• We state as our objective that lake health and safety goals require transparency, accountability, and inclusiveness. See Section 2.1.

The controls in this Part limit Lake Pulse's publication and syndication of your data. They do not limit your ability to share your own data with anyone you choose, at any time, for any reason.

7.4 Why One Account, One Lake

The one-lake rule in Section 4.4 exists to make it difficult for outsiders to observe your lake without your community's knowledge.

To the best of our ability, we design the Platform so that a person who does not live on, own property near, or care for a lake cannot browse that lake's community-generated record — whether they are a vendor building a prospect list, a contractor looking for treatment leads, an investor screening waterfront markets, or simply someone curious about a house they are considering buying.

We do not claim this is perfect. Determined parties can misrepresent themselves. We make reasonable efforts to detect and prevent it, and misrepresenting your relationship to a lake in order to gain access is a material breach of these Terms under Section 4.5.

7.5 Narrative, Context, and Interpretation

The condition of a lake is a matter of public and scientific record to the extent it has been publicly measured. The interpretation of that condition — what it means, what caused it, what should be done about it, and how it should be described — is best formed by the people who live on and around the lake, in consultation with qualified professionals and the agencies with jurisdiction.

This is not a claim that lake communities own the truth about their lakes. It is a recognition that they are the parties with the most complete context, the longest observational record, the most at stake, and the responsibility for acting on it. Agencies, researchers, advocacy organizations, and the public retain every right they have always had to measure, publish, and comment on any waterbody. We support that. We simply decline to be the mechanism by which a community's own working data is published before the community has seen it.

7.6 Mandatory Reporting and Legal Compulsion

Nothing in these Terms overrides any legal reporting obligation.

Lake Pulse will disclose data, including your data, where disclosure is:

• required by federal, state, tribal, or local law or regulation;
• required by valid legal process as described in Part VIII;
• required under mandatory environmental or public health reporting obligations applicable to a given result in a given jurisdiction — for example, certain exceedances that must be reported to a state agency or health department;
• necessary to protect against an imminent threat to human or animal health or safety;
• necessary to investigate suspected fraud, security incidents, or violations of these Terms.

Where a result triggers a mandatory reporting obligation, that obligation controls, regardless of any consent setting on the Platform, and regardless of any user's preference. We will make reasonable efforts to inform you when this applies and, where legally permitted, to notify you before disclosure.

You remain responsible for your own reporting obligations. Lake Pulse's compliance does not discharge yours. If you, your association, or your property is subject to a permit condition, a disclosure requirement, or a regulatory reporting duty, meeting it is your responsibility.

7.7 Regulatory Compliance

Lake Pulse operates in compliance with applicable federal, state, and tribal laws relating to lake and water resource management, environmental data, and privacy, including with respect to what information the public is entitled to access and what information is protected from disclosure. We make reasonable efforts to monitor changes in these requirements and to adjust our practices in accordance with best practices in environmental data stewardship.

7.8 Financial, Insurance, and Real Estate Sensitivity

Our users own property on lakes. They carry mortgages. They hold insurance policies. They buy and sell homes. Data about a lake's condition can bear directly on property values, insurability, lending decisions, and disclosure obligations in a real estate transaction.

We therefore apply a high degree of discretion to lake data and design the Platform accordingly. Two things follow from this:

First, we do not make your lake's data available to parties with a financial interest in it — see Section 6.2.

Second, and equally important: nothing on this Platform relieves you of any legal disclosure obligation you may have. Many states require sellers of real property to disclose known material conditions affecting the property. If you know something about your lake that you are legally required to disclose in a transaction, the fact that it is stored privately on Lake Pulse does not make it undisclosed, does not make it privileged, and does not protect you. Consult your own attorney or real estate professional. Lake Pulse is not a mechanism for avoiding disclosure and will not be used as one.

7.9 Personal Information

Our collection and handling of personal information is governed by our Privacy Policy, incorporated into these Terms by reference. Where the Privacy Policy and these Terms conflict regarding personal information, the Privacy Policy controls.

7.10 Security

Lake Pulse implements administrative, technical, and physical safeguards designed to protect data on the Platform in accordance with industry standard practices. No system is perfectly secure, and we do not warrant that the Platform will be free from unauthorized access. We will notify affected users of any security incident involving their data as required by applicable law.

This Part explains how Lake Pulse operates across overlapping governmental jurisdictions, and what happens when a Government Authority asks us for data.

8.1 Lakes Sit Under Overlapping Jurisdictions

A single waterbody in the United States may be subject, simultaneously, to the authority of:

• Federal agencies — including the U.S. Army Corps of Engineers (which operates and manages many of the nation's large reservoirs and their shorelines), the Bureau of Reclamation, the Tennessee Valley Authority, the National Park Service, the U.S. Forest Service, the Fish and Wildlife Service, and the U.S. Environmental Protection Agency under the Clean Water Act and Safe Drinking Water Act;
• State agencies — including environmental, natural resource, water resource, health, and wildlife departments, acting under state water law, public trust doctrine, water quality standards, and impairment listing programs;
• Tribal governments — including tribes exercising treaty-reserved water rights, tribal water codes, tribal water quality standards, and authority delegated under federal law;
• County and municipal governments — including health departments, environmental health divisions, stormwater and sewer authorities, planning and zoning bodies, and local ordinances;
• Special districts and quasi-governmental bodies — including lake districts, watershed districts, drainage districts, conservancy districts, irrigation districts, and port or harbor authorities;
• Interstate and international bodies — including river basin commissions and compact authorities where a waterbody crosses a state or national boundary.

Lake Pulse takes no position on which Government Authority has jurisdiction over any waterbody, does not adjudicate jurisdictional questions, and does not represent to any user which authority applies to their lake. Determining which rules apply to your lake, your shoreline, your dock, your withdrawal, your discharge, or your activity is your responsibility.

8.2 Lake Pulse Asserts No Interest Adverse to Any Sovereign

Lake Pulse claims no ownership of, property interest in, or right to use, divert, withdraw, impound, manage, or control any waterbody, water right, streambed, lakebed, or shoreline. We assert no interest adverse to any state, tribe, or federal agency in any water resource.

Our business is software, data infrastructure, and professional services. Our assets are records, code, and contracts.

8.3 The Resource Is Not the Record

Public ownership of water, and public trust obligations with respect to water, govern the resource. They do not, and have never been held to, transfer ownership of a private company's business records, software, subscriber identities, user communications, or contractual relationships to any Government Authority.

To be explicit: the position that a state's ownership of the corpus of water within its borders entitles that state to compel production of a private platform's user list, subscriber emails, private communications, or complete database — without legal process, particularized justification, or compensation — is one Lake Pulse does not accept. We reserve all rights and defenses against any such assertion, including under the First, Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, the Stored Communications Act, applicable state constitutions, and trade secret law.

8.4 Requests for Data Require Valid Legal Process

Lake Pulse does not disclose user data to any Government Authority on request. We disclose it on valid legal process, and only to the extent that process requires.

This is not merely policy. Under the Stored Communications Act, 18 U.S.C. §§ 2701–2712, a provider of electronic communication or remote computing services to the public is generally prohibited by federal law from voluntarily divulging the contents of user communications, and from voluntarily divulging non-content subscriber records to a governmental entity, absent a statutory exception. Informal requests, letters, phone calls, and demands unsupported by process do not create authority to disclose, and complying with them can itself be unlawful.

To be actionable, a demand for user data must be:

1. Valid process — a subpoena, court order, warrant, or other compulsory process authorized by law;
2. Issued by an authority with jurisdiction over Lake Pulse and over the records sought;
3. Properly served on Lake Pulse's registered agent at the address on file with the Delaware Secretary of State;
4. Specific and proportionate — identifying the particular records sought, not a standing or open-ended demand for the database;
5. Lawful in scope — not preempted, overbroad, unduly burdensome, or in violation of constitutional or statutory protections.

8.5 How We Respond

When Lake Pulse receives legal process directed at user data, we will, using reasonable efforts and in accordance with best practices for platform providers:

• Review it for legal sufficiency, including jurisdiction, scope, and form;
• Notify the affected user or users before producing anything, unless we are prohibited from doing so by a nondisclosure order, statute, or court order, or unless notice would create a risk to a person's safety. Where notice is delayed by an order, we will provide it when the order permits;
• Object, narrow, or move to quash where the demand is overbroad, unduly burdensome, improperly issued, or unlawful — including where it seeks bulk production of subscriber identities or communications;
• Produce the minimum necessary — the specific records the process requires, not adjacent data, and not the Lake Record of any lake not named;
• Preserve records as required once a valid preservation demand is received.

We will make reasonable efforts to defend against overbroad demands. We do not guarantee any outcome, and we are not obligated to incur unlimited expense or to litigate indefinitely on behalf of any individual user. Users who wish to contest process directed at their own data are encouraged to retain their own counsel, and we will make reasonable efforts to afford time for them to do so.

8.6 Subscriber Identity and Freedom of Association

Lake Pulse treats bulk demands for user lists, subscriber names, and email addresses as categorically distinct from targeted demands for specific records in a specific investigation.

Compelled disclosure of the membership and supporter lists of an association is subject to heightened constitutional scrutiny under long-settled First Amendment law (see NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958); Americans for Prosperity Foundation v. Bonta, 594 U.S. 595 (2021)). Our users associate with one another around the stewardship of a shared resource, frequently in the context of contested local environmental, land use, and property matters.

As a matter of policy, Lake Pulse will resist bulk demands for subscriber identity information and will require, at minimum, particularized process and a demonstrated, narrowly tailored need. We will not provide user lists in response to informal, generalized, regulatory, or "administrative convenience" requests.

8.7 We Are Not Adversarial to Government

Nothing in this Part should be read as hostility toward Government Authorities, and none of it is intended to obstruct legitimate regulatory or public health work.

Lake Pulse complies with valid legal process. Lake Pulse complies with mandatory reporting obligations under Section 7.6. Lake Pulse discloses information where necessary to address an imminent threat to health or safety. Lake Pulse supports the public availability of publicly generated data, and will cooperate in good faith with agencies seeking to improve water resource management — including, where a lake's Plus, Lake Admin, or PRO Subscriber consents, by facilitating the sharing of that lake's data with the relevant agency.

Our position is procedural, not obstructive: the community whose data it is should be informed, and the law should be followed.

8.8 No Government Authority Is a Third-Party Beneficiary

No Government Authority is a party to, or a third-party beneficiary of, these Terms, and no Government Authority acquires any right, license, interest, or claim in Lake Pulse Data, User Content, or the Platform by virtue of these Terms, by virtue of a user's use of the Platform, or by virtue of Lake Pulse conducting business within its jurisdiction.

8.9 Tribal Jurisdiction

Lake Pulse respects tribal sovereignty and does not dispute the authority of tribal governments over waters, lands, and resources within their jurisdiction.

Users accessing the Platform in connection with a waterbody located in whole or in part within Indian country, or subject to tribal jurisdiction or treaty-reserved rights, represent that their use complies with applicable tribal law, and are solely responsible for obtaining any tribal permit, consent, or approval their activities require.

Lake Pulse's provision of a general-purpose software service accessible nationwide is not intended as, and shall not be construed as, consent to the civil adjudicatory or regulatory jurisdiction of any tribal court or tribal agency, or as the formation of a consensual commercial relationship with a tribe or its members within the meaning of Montana v. United States, 450 U.S. 544 (1981), and its progeny. Lake Pulse reserves all jurisdictional defenses. Nothing in these Terms waives, limits, or is intended to affect the sovereign immunity of any tribe.

8.10 Federal Reservoirs and Federal Lands

Many of the largest lakes in the United States are federally owned or operated reservoirs, and their shorelines are subject to federal shoreline management plans, permits, licenses, and use restrictions.

If Your Lake is a federal reservoir or lies within federal land, the managing federal agency's requirements govern, and nothing on the Platform substitutes for them. Dock permits, vegetation management authorizations, shoreline alterations, installation of monitoring equipment, sampling activity, and public communications may each require agency approval. Confirm requirements with the managing agency before acting. Lake Pulse does not obtain permits on your behalf and does not represent that any activity reflected on the Platform has been authorized.

8.11 Conflicting or Superseding Law

Where a mandatory provision of federal, state, tribal, or local law applicable to you conflicts with these Terms, that provision controls for you and in that jurisdiction only, and the remainder of these Terms continues in full force. A provision held unenforceable in one jurisdiction remains enforceable in every other.

8.12 Cost of Responding to Legal Process

Where permitted by law, Lake Pulse may charge the requesting party the reasonable costs of responding to legal process. Where legal process is directed at Lake Pulse arising out of a user's own conduct, activity, or dispute, that user's indemnification obligations under Section 11.6 include the reasonable costs of our response.

8.13 Jurisdictional Withdrawal

If a Government Authority imposes a requirement that Lake Pulse cannot satisfy without violating the commitments in Part VI or the privacy protections in Part VII, Lake Pulse reserves the right to suspend or discontinue service in that jurisdiction rather than comply. We will make reasonable efforts to give affected users advance notice and to refund the unused portion of any prepaid Subscription on a pro-rata basis. Discontinuation under this Section is not a breach of these Terms.

This Part defines what Lake Pulse is responsible for and what it is not.

9.1 Lake Pulse Is a Technology Platform

Lake Pulse provides software, data infrastructure, and — where separately engaged — professional services through the Boathouse. Lake Pulse is not, and does not act as:

• a lake manager, lake management company, or aquatic contractor;
• a chemical applicator, treatment provider, or remediation contractor;
• a licensed professional engineer, geologist, hydrologist, or surveyor;
• an analytical laboratory;
• a public health authority, environmental regulator, or issuer of advisories;
• an emergency notification service or public warning system;
• a water utility, water supplier, or water quality guarantor;
• an insurer, insurance producer, or risk carrier;
• a real estate broker, appraiser, inspector, or disclosure agent;
• a publisher or speaker of User Content;
• a homeowners association, lake association, board, or governing body, or an agent, officer, or representative of any of them.

9.2 We Are Not a Party to Your Relationships

Lake Pulse is not a party to, and assumes no responsibility for, any relationship, agreement, transaction, dispute, or communication between:

• you and any other user;
• you and your lake association, homeowners association, board, district, or municipality;
• you and any vendor, contractor, laboratory, or manufacturer, including those reachable through the Toolbox;
• you and any Non-User, including neighbors, buyers, sellers, tenants, guests, insurers, or lenders.

Where the Platform facilitates a connection, transaction, or communication between parties, it does so as an intermediary. The obligations of those parties run to each other, not to us.

9.3 User Communications Are Not Lake Pulse Communications

No Lake Communication issued through the Platform is a statement by Lake Pulse.

Advisories, alerts, closures, warnings, all-clear notices, condition summaries, recommendations, and characterizations of any lake are the statements of the Plus, Lake Admin, or PRO Subscriber who issued them, made in that Subscriber's own name or in the name of the organization that Subscriber represents. See Section 5.3.3.

Lake Pulse does not originate, author, commission, review, approve, verify, endorse, ratify, adopt, or take responsibility for any Lake Communication. Lake Pulse exercises no editorial control over whether a Lake Communication is issued, when it is issued, what it says, how long it stays up, or who receives it.

9.4 Providing the Tool Is Not Making the Statement

Lake Pulse may provide fields, templates, formats, categories, labels, icons, notification channels, push alerts, email delivery, and distribution mechanisms for Lake Communications and other Content.

Providing these is a technical service and does not make Lake Pulse the author, publisher, issuer, approver, or endorser of any Content transmitted through them. The presence of Lake Pulse branding on the interface through which a Lake Communication is delivered does not indicate Lake Pulse authorship, review, or agreement, and no user or Non-User is entitled to rely on it as such.

To the fullest extent permitted by law, Lake Pulse claims the protections of 47 U.S.C. § 230 with respect to all User Content, including Lake Communications, and with respect to any decision to publish, restrict, remove, label, or leave in place any User Content.

9.5 Claims by Non-Users

Persons and entities who have not accepted these Terms — including businesses, resorts, marinas, campgrounds, outfitters, short-term rental operators and their guests, contractors, brokers, lenders, insurers, neighbors, and prospective purchasers — have no rights under these Terms and are not third-party beneficiaries of them.

Where any such Non-User asserts a claim against Lake Pulse arising from Content posted by a user — including claims for lost revenue, business interruption, cancellations, diminished property value, reputational harm, defamation, trade libel, tortious interference, negligent misrepresentation, failure to warn, or negligent undertaking — Lake Pulse's position is, and these Terms establish, that:

• the Content was authored and issued by the user, not by Lake Pulse (Section 9.3);
• Lake Pulse had no duty to monitor, verify, correct, or warn (Section 2.7);
• Lake Pulse had no special relationship with, and owed no duty to, the claimant (Section 2.8);
• the authoring user has assumed the defense and indemnity of such claims (Sections 5.3.4 and 11.6);
• all disclaimers and limitations in Part XI apply to the fullest extent permitted by law.

9.6 Reliance on the Platform Is at Your Own Risk

Decisions to swim or not swim, to open or close a beach, to run or cancel an event, to book or refund a rental, to buy or sell a property, to apply or withhold a treatment, and to publish or withhold a statement are decisions made by the person making them. Lake Pulse does not make those decisions, does not direct them, and is not responsible for their outcomes — including where the underlying information later proves inaccurate, incomplete, premature, delayed, or absent.

Verify material information with the Government Authority having jurisdiction and with qualified professionals before acting on it.

9.7 Disputes Among Users and Within Communities

Lake Pulse does not adjudicate disputes between users, between factions of a lake community, or over the governance of any association, board, or district. We will not determine who properly holds an office, who is authorized to speak for a lake, whether a board acted within its bylaws, or whose account of a condition is correct.

Where a governance dispute makes it unclear who controls an Account, we may, at our discretion and using reasonable efforts, freeze the Account, restrict Lake Communications, or maintain the status quo until the parties resolve the matter or present a court order or authenticated organizational resolution. We assume no liability for any action or inaction under this Section.

9.8 No Agency

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Lake Pulse. You have no authority to make or accept any offer, representation, warranty, or commitment on our behalf, and you will not represent yourself as authorized to speak for Lake Pulse.

10.1 What the Boathouse Provides

The Boathouse is Lake Pulse's expert support function. Boathouse engagements may include data audits, review of monitoring practices, evaluation of insights and interpretations, assessment of proposed or completed interventions, review of results, advisory calls, and custom professional services.

10.2 Scope Is Defined by the Engagement

Each Boathouse engagement is governed by the scope stated in the applicable product description, quote, or statement of work. That scope controls. A Boathouse professional assessment covers what the engagement says it covers and nothing more. It is a point-in-time assessment based on the data and information available at the time of the engagement.

10.3 What a Boathouse Engagement Is Not

Unless expressly stated in the applicable statement of work, a Boathouse engagement does not constitute:

• a licensed professional engineering opinion;
• a legal opinion;
• a regulatory certification or compliance determination;
• a real estate disclosure, appraisal, or condition report;
• an insurance representation or underwriting opinion;
• an authorization to conduct any activity requiring a federal, state, tribal, or local permit;
• a guarantee of any outcome, result, or lake condition.

10.4 A Boathouse Engagement Does Not Change Who Speaks

A Boathouse assessment is a professional opinion delivered to the engaging client. It is not a public advisory, and it does not transfer to Lake Pulse the authorship of, or responsibility for, any Lake Communication the client subsequently issues. If you issue a communication based in whole or in part on a Boathouse assessment, you remain the speaker under Section 5.3.3, and you agree not to characterize the communication as an official Lake Pulse advisory or determination about the lake's safety.

10.5 Statements of Work Control

Where a statement of work, quote, or specific product description conflicts with these Terms, that document controls with respect to the engagement it governs. These Terms otherwise remain in full effect.

11.1 Disclaimer of Warranties

THE PLATFORM AND ALL DATA, CONTENT, TOOLS, REPORTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

To the fullest extent permitted by law, Lake Pulse disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, Lake Pulse does not warrant that:

• data on the Platform is accurate, complete, current, or free from error;
• the Platform will be uninterrupted, timely, secure, or error-free;
• any condition, trend, indicator, or output reflects the actual condition of any waterbody;
• monitoring equipment reflected on the Platform is properly installed, calibrated, or maintained;
• any Lake Communication is accurate, timely, authorized, or complete;
• any advisory, alert, or warning will be issued, delivered, received, or received in time;
• any intervention, treatment, or action taken in reliance on the Platform will produce any particular result;
• water at any location is safe for swimming, recreation, consumption, irrigation, or any other use.

11.2 Assumption of Risk

You acknowledge that decisions about a waterbody — including decisions about recreation, treatment, remediation, property transactions, public communication, and commercial operations — carry inherent risk, and that you assume that risk when you act. You are responsible for verifying, through qualified professionals and the Government Authorities with jurisdiction, any information on which you intend to rely materially.

11.3 Release of Claims Arising from Third-Party Conduct

To the fullest extent permitted by law, you release Lake Pulse Analytics, Inc. and its officers, directors, employees, contractors, and agents from any claim, demand, damage, loss, or liability, of every kind and nature, arising out of or relating to:

• the acts, omissions, statements, or Content of any other user, including any Lake Communication;
• the acts or omissions of any third-party vendor, laboratory, manufacturer, contractor, or professional;
• the acts or omissions of any lake association, homeowners association, board, district, or Government Authority;
• any dispute between you and any other user, Non-User, organization, or Government Authority.

If you are a resident of California, you expressly waive California Civil Code § 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. You waive the protections of any comparable statute or common-law principle in any other jurisdiction.

11.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAKE PULSE ANALYTICS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, PROPERTY VALUE, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, ANY CONTENT, OR ANY LAKE COMMUNICATION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, FAILURE TO WARN, NEGLIGENT UNDERTAKING, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LAKE PULSE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO LAKE PULSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

These limitations are a fundamental basis of the bargain between you and Lake Pulse and apply even if a limited remedy is found to have failed of its essential purpose.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the above limitations apply to the fullest extent permitted by law, and nothing in these Terms limits liability for fraud, willful misconduct, or gross negligence where such limitation is prohibited.

11.5 No Third-Party Beneficiaries

These Terms confer no rights, remedies, or benefits on any person or entity other than you and Lake Pulse. No Non-User and no Government Authority is a third-party beneficiary of these Terms.

11.6 Indemnification

You agree to indemnify, defend, and hold harmless Lake Pulse Analytics, Inc. and its officers, directors, employees, and agents from any claim, demand, loss, liability, damage, judgment, settlement, or expense, including reasonable attorneys' fees and the costs of responding to legal process, arising out of or relating to:

• Content you submit to the Platform, including any Lake Communication you issue;
• your use of the Platform or of any data obtained through it;
• your breach of these Terms or violation of any law, permit, ordinance, or regulation;
• your violation of any third party's rights, including privacy, publicity, or intellectual property rights;
• any action you take, or fail to take, with respect to a waterbody, a property, an event, an operation, or a transaction in reliance on the Platform;
• any dispute between you and another user, a Non-User, your association or board, or a Government Authority.

Lake Pulse may assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense. You may not settle any matter in a way that imposes an obligation or admission on Lake Pulse without our written consent.

12.1 Notice and Good-Faith Resolution First

This is a binding obligation and it applies to every user at every Tier, including free Members.

Lake data is imperfect and we know it. The Platform improves when errors are reported and fixed. Before pursuing any formal claim, complaint, or proceeding against Lake Pulse, you agree to:

1. Notify us. Submit the issue in writing through the Contact page, describing the specific data, Content, or conduct at issue, the harm alleged, and the correction or resolution you are seeking.
2. Give us a reasonable opportunity to fix it. We will acknowledge your notice within five (5) business days and will make reasonable efforts to investigate and respond substantively within thirty (30) days.
3. Engage in good faith. Both parties will make reasonable efforts to resolve the matter directly, including by correcting the record, annotating disputed data, escalating to a third-party source, or providing an explanation of the data's origin and limitations.

If the matter remains unresolved after this process, either party may proceed under Section 12.3.

What this clause does and does not do. This is a notice-and-cure obligation. It requires you to give us the opportunity to fix a problem before you initiate a formal proceeding. It does not restrict your right to review, criticize, or publicly comment on Lake Pulse or your experience with the Platform. You are free to say what you think of us, publicly, at any time. We ask — but do not require — that you contact us first so that we have a chance to make it right, and so that any public statement reflects the current state of the record rather than an error we would have corrected.

This clause also does not restrict your right to report a violation of law to any Government Authority, to participate in any government investigation, or to make any disclosure protected by law.

Knowingly false statements are a different matter. Nothing in this section waives Lake Pulse's rights with respect to statements made with knowledge of their falsity or with reckless disregard for the truth.

12.2 Informal Resolution Period

Neither party may commence arbitration until the process in Section 12.1 has been completed or thirty (30) days have elapsed since written notice was provided, whichever comes first. This requirement does not apply to claims for injunctive relief regarding intellectual property or unauthorized access to the Platform.

12.3 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

Except as provided in Sections 12.6 and 12.7, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by final and binding arbitration, and not in court, administered by Delaware ADR, LLC under its Consumer Arbitration Rules, as modified by these Terms.

• Arbitration will be conducted by a single arbitrator.
• The seat of arbitration shall be New Castle County, Delaware, though either party may request that hearings be conducted by telephone or videoconference.
• The arbitrator has authority to award any relief a court could award to that individual party.
• The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, scope, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable — except that a court has exclusive authority to decide the enforceability of the class action waiver in Section 12.4.

Jury waiver. You and Lake Pulse each knowingly and voluntarily waive any right to trial by jury on any claim subject to this Section.

12.4 Class Action Waiver

YOU AND LAKE PULSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim shall proceed in court and is severed from arbitration.

12.5 Coordinated Filings

If twenty-five (25) or more substantially similar demands for arbitration are filed against Lake Pulse by or with the assistance of the same counsel or coordinated group, the parties will cooperate with the arbitration provider to administer them in staged batches of no more than fifty (50), with a single arbitrator per batch, and applicable limitations periods will be tolled for demands awaiting a later batch. This Section does not create a class or representative proceeding.

12.6 Your Right to Opt Out of Arbitration

You may opt out of Sections 12.3, 12.4, and 12.5 within thirty (30) days of first accepting these Terms by sending written notice through the Contact page stating your name, the email address associated with your Account, and a clear statement that you are opting out of arbitration. Opting out will not affect your Account, your Tier, or any other part of your relationship with Lake Pulse.

12.7 Exceptions

Either party may bring an individual claim in small claims court. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or to address unauthorized access to the Platform. Nothing in this Part prevents you from filing a complaint with, or participating in a proceeding before, any Government Authority.

12.8 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, except that the Federal Arbitration Act governs Section 12.3. Where a dispute proceeds in court under Section 12.7, venue lies exclusively in New Castle County, Delaware, and you consent to personal jurisdiction there.

12.9 Time Limit

Any claim arising out of or relating to these Terms or the Platform must be brought within one (1) year after the claim arises, or it is permanently barred, except where a longer period is required by applicable law.

13.1 Changes to These Terms

Lake Pulse reserves the right to amend, annex, supplement, or otherwise modify these Terms at any time.

When we make material changes, we will:

• notify you by email at the address associated with your Account;
• post the updated Terms on the Platform with a revised "Last Updated" date;
• where practicable, provide a summary of what changed;
• give at least thirty (30) days' notice before material changes take effect, except where a shorter period is required by law or necessary to address a security or legal issue.

Your continued use of the Platform after the effective date of a change constitutes acceptance of the amended Terms. If you do not accept a change, your remedy is to cancel your Subscription and close your Account before the change takes effect, in which case we will refund the unused portion of any prepaid Subscription on a pro-rata basis.

Changes to the arbitration provisions in Part XII will not apply retroactively to any dispute for which notice was given before the change.

13.2 Termination by You

You may close your Account at any time through your Account settings or by contacting us. Cancellation of a paid Subscription takes effect at the end of the current billing period.

13.3 Termination by Lake Pulse

We may suspend or terminate your Account for material breach of these Terms, subject to the protections in Section 6.4 for Plus, Lake Admin, and PRO Subscribers. We may also suspend or terminate any Account where required by law, where necessary to protect the security or integrity of the Platform, or where continued access presents a risk to another person.

13.4 Effect of Termination

Upon termination, your right to access the Platform ends immediately. Content you submitted may remain part of Your Lake's Lake Record where necessary to maintain the continuity and integrity of that record for the remaining community, as described in Section 4.7. You may request removal of specific Content, and we will honor reasonable requests.

13.5 Survival

Sections 2.3, 2.7, 2.8, 3.2, 4.5, 4.7, 4.8, and Parts VI, VII, VIII, IX, XI, XII, and XIII survive termination of these Terms.

13.6 Severability

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force and effect. See also Section 8.11.

13.7 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

13.8 Assignment

You may not assign or transfer these Terms or your Account without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, and will notify you by email if we do. Any successor is bound by the commitments in Part VI.

13.9 Notices

We may provide notice to you by email at the address on your Account, by posting on the Platform, or through in-Platform notification. You are responsible for keeping your email address current. Notices to Lake Pulse must be submitted through the Contact page, except that legal process must be served on our registered agent as described in Section 8.4.

13.10 Force Majeure

Neither party is liable for failure to perform due to causes beyond its reasonable control, including natural disasters, extreme weather events, drought, flood, wildfire, network or utility failures, government action, or failures of third-party service providers.

13.11 Government Users

If you are a Government Authority or an employee or agent of one accessing the Platform in an official capacity, your use is subject to these Terms, and any conflicting term required by your procurement rules must be agreed in a separate written instrument signed by Lake Pulse. Absent such an instrument, these Terms govern, and access in an official capacity does not create any license, right, or claim in favor of the Government Authority beyond the limited access license in Section 4.8.

13.12 Entire Agreement

These Terms, together with the Privacy Policy, the Community Guidelines, and any applicable statement of work or product-specific terms, constitute the entire agreement between you and Lake Pulse regarding the Platform and supersede all prior agreements and understandings.

13.13 Order of Precedence

In the event of a conflict: (1) a signed statement of work or professional services agreement; (2) product-specific terms stated at the point of purchase; (3) the Privacy Policy, as to personal information; (4) these Terms; (5) the Community Guidelines.

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Contact

For questions about these Terms, to report an error in any data on the Platform, to raise a grievance, to opt out of arbitration, or for any other inquiry:

Contact Lake Pulse

Legal process must be served on our registered agent as described in Section 8.4.

Lake Pulse Analytics, Inc.

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