Pelican Log Terms and Conditions
Scope and acceptance
These Terms of Service govern your access to and use of Pelican Log, including the Pelican Log website, web application, and related services provided by Pelican Dynamics, LLC doing business as Pelican Log (“Pelican Log,” “we,” “our,” or “us”).
By creating an account, signing in, clicking to accept these Terms, or using Pelican Log, you agree to be bound by these Terms and by our Privacy Policy. If you use Pelican Log on behalf of a company, outfitter, lodge, guide service, or other organization, you represent that you have authority to bind that organization, and “you” includes both you and that organization.
If you do not agree to these Terms, do not use Pelican Log.
Eligibility and account authority
You must be at least 13 (thirteen) years old, or the age of majority where you live, to create an account unless we expressly allow otherwise. If you create or administer an organization account, you are responsible for making sure your organization’s users are authorized to use Pelican Log and comply with these Terms.
If your organization stores information about minors, guests, or clients in Pelican Log, your organization is responsible for obtaining any permissions, disclosures, or consents required by law.
Account creation and authentication
You may create an account directly or through a third-party sign-in provider such as Google, Apple, or Microsoft. You must provide accurate information, keep your account credentials secure, and promptly update your information if it changes.
You are responsible for all activity under your account and for any activity by your organization’s authorized users. You must notify us promptly at support@pelicandynamics.com if you believe your account has been compromised or used without permission.
We may require reasonable verification steps, multi-factor authentication, or other security measures to protect accounts and the service.
Description of the service
Pelican Log is a hosted software platform for organizing outdoor-trip operations and related records. Depending on your plan and configuration, the service may include organization management, user roles and permissions, trip scheduling and tracking, client profiles, location or blind management, species or game recordkeeping, operational reporting, and related support features.
We may improve, modify, suspend, or discontinue features from time to time. We will use reasonable efforts to avoid materially reducing core paid service functionality during an active subscription term unless necessary for security, legal compliance, or third-party dependency reasons.
Customer data and content ownership
As between you and Pelican Log, you retain ownership of the data, records, files, notes, communications, images, coordinates, trip records, client information, and other content that you or your authorized users submit to the service (“Customer Data”).
You grant Pelican Log a limited, non-exclusive, worldwide right to host, copy, process, transmit, display, analyze, aggregate, license, share, sell, and otherwise use Customer Data as needed to provide, secure, support, maintain, improve, market, and monetize the Services; to develop analytics, advertising, sponsorship, and promotional offerings; to provide targeted or cross-context behavioral advertising; to share information with advertisers, sponsors, marketing partners, and business partners; to comply with applicable law; and to enforce these Terms.
Where required by applicable law, Pelican Log will provide users with any legally required notices, disclosures, and rights related to the sale or sharing of personal information, including applicable opt-out rights under the California Consumer Privacy Act (CCPA/CPRA).
You are responsible for Customer Data and for making sure you have all rights needed to upload, store, use, and instruct us to process it. This includes rights relating to client information, trip participants, land-use data, communications logs, photos, or any other personal or operational data entered into the service.
We may create and use aggregated or deidentified data for analytics, benchmarking, security, and product improvement, provided that the resulting data does not identify you or any individual.
License and intellectual property
Subject to these Terms, Pelican Log grants you a limited, non-exclusive, non-transferable, revocable right to access and use the service for your internal business or personal use, depending on the plan you purchased or were authorized to use.
Pelican Log and its related software, interfaces, design, trademarks, logos, documentation, and all other service materials are owned by Pelican Log or its licensors and are protected by intellectual-property laws. Except for the limited access rights expressly granted in these Terms, we reserve all rights.
You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, scrape, or create derivative works from the service except to the extent applicable law prohibits those restrictions.
Acceptable use and prohibited conduct
You may not use Pelican Log to:
violate any law, land-access restriction, wildlife regulation, permit rule, or safety requirement;
harass, threaten, stalk, or endanger any person, including by misuse of location or client data;
upload data you do not have the right to use;
impersonate another person or misrepresent your affiliation;
interfere with the service, bypass role permissions, probe for vulnerabilities, or introduce malware;
scrape, harvest, or bulk export data except through features we expressly provide;
use the service to facilitate trespass, poaching, unlawful hunting activity, unlawful weapons activity, or any other illegal conduct;
send unlawful spam or communications without required permissions;
publish or distribute content that is defamatory, infringing, obscene, or otherwise unlawful.
We may suspend or remove content or accounts that violate these Terms or create legal, security, or reputational risk.
Organization administration and user roles
If you administer an organization account, you may invite, remove, or manage authorized users and assign roles or permissions. You are responsible for your organization’s internal decisions about who should have access to trip, client, location, and operational records.
Pelican Log may rely on the apparent instructions of your designated organization administrators unless we have reason to believe those instructions are unauthorized.
Third-party services and integrations
Pelican Log may interoperate with third-party services, including sign-in providers, hosting providers, communications tools, analytics tools, mapping providers, or payment processors. Your use of third-party services may also be governed by those providers’ terms and privacy notices.
Pelican Log is not responsible for third-party services, their availability, security, or data practices. If a third-party provider stops supporting an integration or changes its service, we may modify or discontinue the related feature.
Fees, billing, refunds, and taxes
Optional module — use only if Pelican Log offers paid plans
Pelican Log is currently offered free of charge during its initial launch period. We reserve the right to introduce paid subscriptions, premium features, entry fees, or other paid services in the future, including after any promotional or free access period ends.
If Pelican Log introduces paid plans or paid features, users will be provided with applicable pricing, billing terms, renewal terms, and payment disclosures before being charged. By purchasing or subscribing to a paid plan, you agree to pay the fees, charges, taxes, and other amounts disclosed at the time of purchase.
Any future subscriptions may renew automatically unless canceled prior to the renewal date. You authorize Pelican Log and its payment processor, Stripe, Inc., to charge your selected payment method for applicable recurring fees, taxes, and outstanding balances.
You are responsible for applicable sales, use, VAT, GST, or similar taxes, excluding taxes based on Pelican Log’s net income.
Except where required by law or expressly stated otherwise, fees and payments are non-refundable.
Availability, support, and beta features
We aim to keep Pelican Log available and secure, but we do not promise uninterrupted or error-free service. Scheduled maintenance, security events, internet outages, third-party failures, or unexpected issues may affect availability.
Features marked beta, preview, pilot, or early access are provided “as is,” may change at any time, and may be subject to additional limits.
Support is available through our email at support@pelicandynamics.com during 9:00am to 5:00pm CST, unless your plan states otherwise.
Outdoor activity, recordkeeping, and safety disclaimer
Pelican Log is an information-management tool. It is not a hunting-license checker, land-use verifier, legal compliance service, safety-monitoring service, emergency-response system, wildlife-law advisor, or guarantee of trip outcomes.
You are solely responsible for complying with all laws, permits, land-access rules, firearm and equipment rules, species or bag-limit rules, client waivers, and safety practices that apply to your activities. You are also responsible for reviewing records you create in the service for accuracy before relying on them.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PELICAN LOG IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPLETELY ACCURATE.
WE DO NOT WARRANT THAT REPORTS, LOCATION DATA, CLIENT DATA, OR OPERATIONAL RECORDS WILL ALWAYS BE COMPLETE OR SUFFICIENT FOR LEGAL, TAX, INSURANCE, OR SAFETY PURPOSES.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PELICAN LOG AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR SERVICE INTERRUPTIONS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH DAMAGES WERE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF $1,500.00 USD OR THE FEES YOU PAID TO PELICAN LOG FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF THE SERVICE WAS PROVIDED TO YOU FREE OF CHARGE, OUR TOTAL LIABILITY WILL NOT EXCEED $100.00 USD.
Some jurisdictions do not allow certain disclaimers or liability limits, so this section applies only to the extent permitted by law.
Indemnification
You will defend, indemnify, and hold harmless Pelican Log and its affiliates, officers, employees, contractors, and licensors from any claim, demand, investigation, loss, liability, damage, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to:
your Customer Data;
your or your authorized users’ misuse of the service;
your violation of these Terms or applicable law;
your failure to obtain necessary rights, notices, or consents for data you upload or process using Pelican Log;
disputes between your organization and your clients, guides, guests, or users.
Suspension and termination
You may stop using Pelican Log at any time. We may suspend or terminate access immediately if we reasonably believe you violated these Terms, created security risk, failed to pay fees when due, or if continued service would expose us or others to legal risk.
On termination, your right to use the service ends immediately. We may delete or disable access to Customer Data after 90 business days, except to the extent we are required or permitted to retain it for legal, security, backup, or dispute-resolution reasons.
Governing law and dispute resolutionThis Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to conflict of law principles.
Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Calcasieu Parish, State of Louisiana, and Affiliate consents to the jurisdiction of such courts.
Alternatively, if you wish to proceed with your dispute in arbitration instead of the judicial courts the parties will choose final and binding arbitration in Lake Charles, Louisiana and administered by the American Arbitration Association or another mutually agreeable arbitrator in accordance with commercial arbitration rules. Judgement on the award rendered by the arbitrator(s) may be rendered in any court of having jurisdiction, including the 19th Judicial District Court, Parish of Calcasieu, State of Louisiana. However, either party may seek injunctive relief for misuse of intellectual property, unauthorized access, or confidential breaches.
Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will post the updated Terms and update the “Effective Date,” and we may also provide notice by email, in-product notice, or other reasonable means.
Unless applicable law requires a different process, the updated Terms will apply prospectively from the effective date stated in the notice. If you continue using Pelican Log after the effective date, you accept the updated Terms.
Contact information
Questions about these Terms should be sent to:
Pelican Dynamics, LLC
1508 Hodges St STE C, Lake Charles, LA 70601
support@pelicandynamics.com