Pro Terms of Service
The short version: being a Pro costs $20 a year (refundable within 5 days). You set your own tier prices and perks, subscribers pay you directly through your own Stripe account, and BaitKast keeps 10%. You're the seller: you deliver what your tiers promise, you decide refunds, and you handle your taxes. You own your content. Follow the Community Rules. Disputes go to small claims court or individual arbitration unless you opt out (section 16).
1. Who we are and this agreement
BaitKast is operated by THE HARD WAY COMPANY, LLC, a Maryland limited liability company, P.O. Box 128, Galesville, MD 20765 ("BaitKast," "we," "us"). These Pro Terms are an agreement between you (the "Pro") and us. They apply when you use Pro features: the Pro membership, publishing posts, offering paid tiers, messaging subscribers and getting paid. You agree to them when you become a Pro in the app.
When you follow or subscribe to other Pros, the Angler Terms apply to that. The Privacy Policy, Community Rules and Copyright Policy are part of these Terms.
2. Eligibility
- You must be 18 or older, live in the United States, and be able to enter a binding contract.
- To get paid you need a Stripe account with a US bank account, and you must pass Stripe's identity checks.
- Everything you tell us and Stripe about yourself, your business and your payouts must be true and kept up to date. You may run a Pro account as an individual or for a business you're authorized to represent.
3. Your relationship with BaitKast
- You're independent. You're not BaitKast's employee, agent, partner or franchisee. You choose your content, schedule, prices and perks.
- You're the seller. Subscribers buy your subscription from you. BaitKast provides the technology and takes a fee.
- No earnings promise. The membership fee and a Pro profile don't guarantee subscribers, promotion or income.
4. Pro membership
- The Pro membership costs $20 per year and renews automatically each year. Turn off auto-renew anytime in Pro Setup. We remind you in the app 15–45 days before it renews.
- You need a current membership to post and to offer subscriptions. If it ends, your posts stay, but you can't publish new ones and your prices stop being offered.
- Refunds: you can get a refund within 5 days of paying from Pro Setup → Request a Refund. Stripe's processing fee isn't returned (about $0.88). A refunded membership turns off your Pro tools. After 5 days, memberships aren't refundable.
5. Your subscriptions: prices, perks and changes
- Pricing: you set the monthly price for each tier (Basic, Pro, Platinum) and the perks each includes. Higher tiers include your lower-tier posts. Messaging is included only in tiers where you turn it on.
- Price and perk changes: you can change prices or perks at any time. New subscribers get the new terms right away. Existing subscribers are notified, and the change applies starting with their first renewal at least 7 days after the change. They can cancel before then. You can't take away perks a subscriber already paid for during their current month.
- Upgrades and downgrades: a subscriber who upgrades is charged the difference between the two tiers' monthly prices right away (BaitKast's 10% applies to that charge), and their billing date doesn't change. Downgrades start at their next renewal.
- Cancellations: subscribers can cancel anytime without your approval. They keep access through the month they paid for.
6. Payments, BaitKast's fee and payouts
- How payments work: subscribers pay through BaitKast's Stripe checkout directly into your own Stripe account. BaitKast automatically keeps a 10% fee on each subscription payment (before any tax). Stripe pays the rest out to your bank on Stripe's schedule.
- Fees: you pay Stripe's processing fees on your subscription sales. Your 90% share is before those fees.
- Stripe's terms: payment processing for Pros is provided by Stripe and is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (together, the "Stripe Services Agreement"). By agreeing to these Pro Terms or continuing to operate as a Pro, you agree to be bound by the Stripe Services Agreement, as Stripe may change it from time to time. As a condition of BaitKast enabling payment processing through Stripe, you agree to give BaitKast accurate and complete information about you and your business, and you authorize BaitKast to share it, along with transaction information related to your use of Stripe's payment processing services.
- Stay on platform: don't ask subscribers to pay you outside BaitKast for access sold through BaitKast.
- If Stripe pauses your account: new subscribers can't pay you until Stripe's requirements are met. The app tells you what's needed.
7. Refunds, disputes and negative balances
- You decide refunds. Subscribers can request a refund within 30 days of a payment. Please answer within 7 days, even if the answer is no. Unanswered requests are shown to BaitKast Support and often turn into bank disputes, which Stripe charges you for.
- Refunding: you can refund a payment in full or in part from Earnings in the app (or in Stripe). When you refund, BaitKast automatically returns the matching share of its 10% fee. Stripe doesn't return its processing fee. A full refund of a subscriber's current month ends that subscription. A partial refund keeps it.
- Card disputes (chargebacks) are handled by Stripe on your account, under Stripe's rules.
- Negative balances: refunds and disputes come out of your Stripe balance. If your balance can't cover them, Stripe may recover the amount under the Stripe Services Agreement. Closing your account doesn't cancel money you owe.
- BaitKast's mistakes: if a billing error is BaitKast's fault, BaitKast covers its cost.
8. Taxes
You're responsible for the taxes on your sales and income, including any sales tax that applies to your subscriptions and your income taxes. If a law requires BaitKast to collect, remit or report a tax for your sales, we may do so, and the tax may be added at checkout. Stripe may send you tax forms (like a Form 1099-K) based on Stripe's rules.
9. Delivering what you promise
- You're responsible for delivering the perks and any posting schedule you advertise in your tiers. Describe your tiers honestly.
- Unless your tier promises a schedule or number of posts, a subscription doesn't guarantee new posts. Access to your existing posts or to messaging can be the benefit.
- BaitKast doesn't create your content or verify it routinely. We may look into complaints that a Pro isn't delivering and act under these Terms.
10. Your content
- You own your content. You give BaitKast a non-exclusive, worldwide, royalty-free license to host, store, display, resize and deliver it to the people your settings allow (free posts to everyone, paid posts to subscribers of the right tier), to show free posts and your public Pro page on baitkast.com, and to keep backups. The license ends when you delete the content, except for backup copies that expire on schedule and content we must keep for legal reasons.
- Free versus paid: posts you mark Free are public. Paid posts are shown only to subscribers of the right tier. Don't put private information in places marked Free.
- Only post what you have the right to post. Don't post other people's photos, reports or paid content without permission. See the Copyright Policy. Repeat infringers lose their accounts.
- Your views are your own, not BaitKast's. We don't endorse any Pro's advice.
11. Conduct, messaging and safety
- Follow the Community Rules. We have zero tolerance for objectionable content and abusive users. We review reports as soon as possible, usually within 24 hours.
- Messaging with subscribers is a perk you control by tier. Either person can block the other, which stops messages both ways. If you block someone who pays you, their subscription stops renewing and they keep access through the month they paid for. To end their access sooner, refund them in full.
- Fishing safety: reports and locations you share are not official navigation, weather or safety information, and a location never gives permission to enter private property. Follow fishing, wildlife, boating and property laws, and never encourage others to break them.
12. Suspension, leaving and termination
- Suspension: we may limit features, remove content, or suspend or close your Pro account for violations of these Terms or the Community Rules, fraud, non-delivery of promised perks, safety risks or legal requirements. If we suspend your account, your subscriptions stop right away and your prices stop being offered. In cases of fraud or serious violations, we may (but don't have to) refund subscribers from your Stripe balance. A complaint or a low number of posts alone doesn't hold your payouts.
- Appeals: if you think we got it wrong, reply to the Support ticket or email support@baitkast.com within 30 days.
- Leaving: you can close your account anytime in Account → Delete Account. Your subscriptions stop renewing right away and no one new can subscribe. Your account closes after your subscribers' last paid month ends, so they keep what they paid for. What we delete and keep is explained in the Privacy Policy.
13. Disclaimers
BAITKAST IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DON'T GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT YOU'LL GET SUBSCRIBERS OR EARNINGS.
14. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS: (A) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST EARNINGS OR LOST DATA; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO BAITKAST IS LIMITED TO THE GREATER OF $100 OR THE AMOUNTS BAITKAST RECEIVED FROM YOU AND YOUR SALES (MEMBERSHIP FEES AND OUR 10% FEES) IN THE 12 MONTHS BEFORE THE CLAIM. THESE LIMITS DON'T APPLY TO LIABILITY FOR OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, OR WHERE THE LAW DOESN'T ALLOW THEM.
15. Your responsibility to us (indemnity)
You agree to defend and cover BaitKast's reasonable losses, costs and legal fees from any third-party claim arising from: your content; your tier offers and whether you delivered them; your taxes; your dealings with your subscribers; your violation of these Terms; or your violation of the law or of someone else's rights. We'll tell you promptly about the claim and cooperate reasonably. We may choose to handle our own defense, and you won't settle a claim in a way that admits fault for BaitKast or requires us to pay without our consent. This doesn't apply to the extent a claim is caused by BaitKast's own misconduct.
16. Resolving disputes — please read
Talk to us first. Before starting any formal claim, email support@baitkast.com with your name, a description of the problem and what you want. We'll do the same if we have a claim against you. Both sides agree to try to work it out for 60 days.
Small claims or individual arbitration. If it isn't resolved, either of us may bring the claim in small claims court, if it qualifies. Otherwise, you and BaitKast agree that any dispute about BaitKast or these Terms will be decided by binding individual arbitration, not in court. Arbitration is run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if your claim is about a business you run), and can be held by video or phone. For claims under $10,000, BaitKast pays any arbitration fees beyond the filing fee you'd pay to start a court case. The arbitrator can award the same individual relief a court could. The Federal Arbitration Act governs this section.
No class actions. Claims may only be brought individually, not as a plaintiff or class member in any class, group or representative action. You and BaitKast both give up the right to a jury trial.
Exceptions: either of us may go to court to stop infringement of intellectual property. A request for public injunctive relief, where the law allows one, is decided by a court after the individual arbitration is finished. If the class-action waiver is found unenforceable for a claim, that claim goes to court, not arbitration. Nothing here prevents you from reporting to a government agency.
Mass filings: if 25 or more similar claims are filed by the same or coordinated lawyers, they'll be handled in batches under the AAA's mass-arbitration rules.
You can opt out. Within 30 days of first accepting these Terms, email support@baitkast.com with the subject "Arbitration Opt-Out," your name and your account email, saying you don't want to arbitrate. Opting out doesn't affect anything else in these Terms. If you opt out, or if a claim isn't subject to arbitration, it goes to the state or federal courts in Anne Arundel County, Maryland.
17. Governing law
Maryland law governs these Terms, except where the Federal Arbitration Act or federal law applies, and without taking away protections of the state where you live that can't be waived.
18. Changes to these Terms
When we make a significant change, we'll notify you in the app and ask you to review and accept the new version. Significant changes take effect 14 days after we notify you, sooner only when a change is required by law or needed for safety or security. If you don't agree, you can stop offering subscriptions and close your account. Small fixes take effect when posted. Earlier versions you agreed to stay readable in Account → Agreements.
19. General terms
These Terms, with the policies they link to and the Stripe Services Agreement, are the whole agreement between you and BaitKast about Pro features. If any part is found unenforceable, the rest stays in effect. Our not enforcing a part isn't a waiver. You may not transfer this agreement without our written consent. We may transfer it if BaitKast is sold or reorganized. We're not responsible for delays caused by events outside our reasonable control. We may send notices in the app or by email.
20. Contact
THE HARD WAY COMPANY, LLC (BaitKast) · P.O. Box 128, Galesville, MD 20765 · support@baitkast.com