Excelscion SmartStick

Terms of Service

These Terms of Service (“Terms”) govern your use of the Excelscion SmartStick website, companion mobile application, connected devices, pilot reservation process, and related services (collectively, the “Services”), offered by Excelscion Analytics LLC, doing business as Excelscion (“Excelscion,” “we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Eligibility and accounts

You must be at least 18 years old and able to enter into a binding agreement to use the Services or make a reservation. You are responsible for providing accurate information, protecting your account credentials, and promptly notifying us of suspected unauthorized use. You may use the Services only in compliance with these Terms and all applicable laws, regulations, fishing licenses, access rules, and safety requirements.

Companion app and connected device

The companion app may receive, display, or help organize information from your SmartStick or mobile device, including fishing activity, device status, location-related information when enabled, and environmental observations. Features may change, be unavailable in some areas, or depend on compatible hardware, operating systems, wireless networks, GPS, and third-party services. You are responsible for your mobile carrier charges and for keeping your device, app, and any required firmware updated.

Safety and outdoor activities

The Services provide informational tools only. They do not provide navigation, weather, emergency, legal, licensing, conservation, or fishing advice, and are not a substitute for your judgment. Conditions on and near water can change quickly. Always comply with posted rules and official guidance, use appropriate safety equipment, and do not use the app or device in a manner that distracts you or creates a hazard. Excelscion does not guarantee catches, fishing conditions, availability, accuracy, completeness, or timeliness of any information or inference.

Acceptable use

You may not misuse the Services; interfere with their security or operation; reverse engineer, copy, modify, or create derivative works from the Services except where law permits; use the Services to violate others’ rights or applicable law; upload unlawful, harmful, or infringing content; or use automated means to access the Services without our written permission. We may suspend or terminate access when reasonably necessary to protect users, the Services, or our rights, or for a material breach of these Terms.

Pilot eligibility and selection

The pilot is available only to customers with a U.S. delivery address. Pilot participants are selected from confirmed early-access members. A pilot invitation is personal, may not be transferred, and expires seven days after it is sent.

Price, discounts, and deposit

SmartStick has a standard price of $349.99, including shipping and handling. Selected pilot participants receive a $30 pilot discount and may receive up to $20 in confirmed referral credit, for a pilot product price of $299.99 to $319.99 before applicable sales tax. The $50 deposit is due within seven days of invitation, reserves one rod, and is applied toward the final product price. Discounts and referral credit do not reduce the $50 deposit amount.

Cancellation and refunds

You may cancel a deposit for a full refund by emailing refunds@excelscion.com within 24 hours after the deposit payment is completed. Include the reservation email address and deposit-payment time in your request. After that 24-hour period, the deposit is non-refundable because production preparation has begun. If Excelscion Analytics LLC cannot deliver your reserved SmartStick, we will refund all amounts you paid for that undelivered order.

Final payment and delivery

After your deposit, we begin preparing your SmartStick. When it is ready, we will email a link for the remaining balance. Shipping and handling are included; the remaining balance and applicable sales tax are due before shipment. After full payment is received, we expect to ship your rod within 14 calendar days.

Shipping delays

Delivery timing is an estimate, not a guarantee. If we cannot ship within the stated timeframe, we will contact you with a revised shipment date and the available cancellation and refund options for an unshipped order.

Intellectual property and feedback

The Services, including their software, content, names, logos, and designs, are owned by Excelscion or its licensors and protected by law. Subject to these Terms, we grant you a limited, personal, revocable, non-transferable, non-sublicensable license to use the companion app for its intended purpose. If you provide feedback or suggestions, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use them without restriction or compensation.

Disclaimers and limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, DEVICE, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCELSCION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR OPPORTUNITIES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO EXCELSCION FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE CLAIM. Some jurisdictions do not allow certain limitations, so some of these provisions may not apply to you.

Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Excelscion and its affiliates, officers, employees, agents, and licensors from claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, violation of these Terms, or violation of law or another person’s rights.

Changes, termination, and governing law

We may modify the Services or these Terms from time to time. Material changes will be posted here with an updated effective date, and your continued use after they take effect constitutes acceptance. We may discontinue the Services or your access as permitted by law. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Delaware, except where applicable law requires otherwise.

Contact

For reservation or refund questions, email refunds@excelscion.com. For general questions or questions about these Terms, email support@excelscion.com.