Terms of Use
1. General Terms
1.1. These Terms of Use (the "Terms") govern the use of the FishGround mobile application (the "App"), provided by SIA “FishGround” (the "Company").
1.2. By downloading, installing, or using the App, you agree to these Terms, as well as any other terms, policies, and disclaimers referenced in these Terms. If you do not agree to the Terms, please do not use the App.
1.3. By agreeing to the Terms, you are permitted to download the version of the App released by the Company from a public app store, install it on your device, use the App, and view its content. This access is non-exclusive and personal, meaning it cannot be transferred to another person.
1.4. The Company reserves the right to update the Terms without prior notice and to suspend, update, modify, enhance, and add to the App's content and services; to automatically release updates, including adding, removing, or discontinuing any or all features or functionalities from the App's services. Changes will take effect as soon as they are published in the App. Continued use of the App signifies your acceptance of these changes.
2. Registration and Account Security
2.1. To use the App, you must register and create a user profile (the "Account").
2.2. You are responsible for the security of your Account and maintaining the confidentiality of your access credentials.
2.3. You agree not to share your Account and not to disclose its details to anyone else.
2.4. We reserve the right to deny registration or invalidate passwords that we deem inappropriate.
2.5. You agree to promptly notify the Company of any unauthorized access to your Account. You are responsible for all activity that occurs under your Account until it is closed or reported as being misused.
2.6. The Company is not liable for any losses resulting from someone else using your password or Account.
3. Protection of personal data
3.1. The Company processes your personal data in accordance with the Privacy Policy.
3.2. Your data is used to operate the App, provide personalized services, and enhance the user experience.
3.3. Your personal data is retained for as long as necessary to provide the relevant service and in compliance with applicable laws.
3.4. The Company takes all necessary measures to protect your personal data against unauthorized access, disclosure, or destruction.
3.5. Users have the right to request the deletion of their personal data from the Company's systems. To request data deletion, please contact the Company by sending a request to info@fishground.com. The Company will process your request within a reasonable timeframe. Please note that while your personal data will be deleted, anonymized data related to your catch records (e.g., location, time, fish species, and sizes) may be retained and used for our artificial intelligence training and statistical purposes.
3.6. By using the App, you agree that the information you provide, including data on fishing locations, times, fish species, and sizes, as well as images, may be used to build the Company's database and train artificial intelligence. This data will be utilized to improve service quality and provide more accurate fishing opportunity forecasts..
4. Use of cookies
4.1. The App uses cookies to facilitate user activities and customize content according to your needs.
4.2. To fully utilize the App, you must consent to the use of cookies.
4.3. If you do not accept cookies, it will restrict your ability to use the services and features available in the App..
5. Duties and responsibilities of the user
5.1. You agree to use the App only for lawful purposes and to comply with all applicable laws.
5.2. By using the App, you agree that you are solely responsible for any information, photographs, text, and other content that you add to your records.
5.3. The App is intended for uploading only photos of caught fish. The user represents and warrants that they are the author or lawful owner of the uploaded photos, or that they have the necessary rights and permissions to upload these images to the App. This includes obtaining all required licenses and permissions from any third parties who may be depicted in the photos or who hold rights to the content of these images. The Company assumes no responsibility for any images that include people.
5.4. Access to uploaded photos will be restricted to you and within the scope of the Company's service provision.
5.5. You agree not to provide false information, infringe on the rights of other users, or use the App in any way that may harm the Company or other users.
5.6. You must not use any device or software that may disrupt the App's operation, overload the App's infrastructure, or interfere with or damage any part of the App’s software and functionality. You agree not to disrupt or attempt to disrupt the operation of the App or its associated servers in any way.
6. Intellectual Property
6.1. All intellectual property rights related to the App are owned by the Company or its licensors.
6.2. The Company grants you the right to view and download content available through the App, including software object code, information, and data generated, provided, or otherwise made available, solely for personal, non-commercial use. This access does not transfer ownership of the content or its copies and is subject to the following conditions:
6.2.1. You must retain all copyright and other proprietary notices included in the downloaded content;
6.2.2. You may not modify, reproduce, publicly display, perform, distribute, or otherwise use the content for any public or commercial purposes;
6.2.3. You may not transfer the content to others unless they are informed and agree to abide by these Terms of Use.
6.3. The Company does not grant you any direct or indirect legal rights related to any patents, designs, trademarks, databases, copyrights, or trade secrets.
7. Limitation of Liability
7.1. The Company is not liable for any losses or damages arising from the use of the App.
7.2. The Company does not guarantee the continuous, error-free operation of the App. The Company does not guarantee the App’s compatibility with all mobile devices.
The Company may provide links to third-party websites within the App. The Company assumes no responsibility for the content or reliability of third-party websites.
8. Subscriptions and payments
8.1. To access certain services within the App, you may need to purchase a subscription.
8.2. All payments for subscriptions are made in accordance with the terms and pricing specified within the App.
8.3. Payments made within the App will be processed in accordance with the terms and conditions of the Apple Store or Google Play that are in effect at the time of purchase, including terms related to subscription cancellations, refunds, and other applicable Apple Store or Google Play policies. You are responsible for your Apple Store or Google Play account and ensuring that it has sufficient funds to cover the purchase costs. Apple Store terms can be found on Apple’s official website or within the Apple Store app. Google Play terms can be found on Google’s official website or within the Google Play app.
8.4. The Company is not liable for any issues related to payment processing through the Apple Store or Google Play and is not responsible for any disruptions related to the Apple Store or Google Play.
9. Dispute resolution
9.1. If you have any questions or concerns regarding the use of the App, please contact us first.
9.2. If we are unable to resolve the dispute amicably, you have the right to submit a complaint to the appropriate regulatory authority.
9.3. In case of disputes, only the court of Latvia has jurisdiction.
10. Contact information
If you have any questions, complaints, requests regarding the Terms, or technical issues related to using the App, please contact our support team. You can do so through the app's communication section, available under "Support," or by emailing the Company at info@fishground.com.
Any personal information you provide when contacting us will be processed in accordance with the Company’s Privacy Policy. We care about your privacy and will ensure that your data is handled securely and confidentially.
Disclaimer of Implied Warranties: While the Company strives to ensure that all information provided in the App is accurate, the Company accepts no responsibility in this regard. The content may contain inaccuracies, typographical errors, and other defects. The Company makes no warranties regarding the accuracy or completeness of the information, nor about the reliability of any recommendations, opinions, statements, or other information displayed or disseminated. It is understood that the use of such statements, recommendations, notes, or information is at the user's own risk. All content is provided "as is" and "as available." The Company and its affiliates expressly disclaim all direct or indirect warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement related to the operation of the App or its content. Furthermore, the Company does not guarantee the security of the App. You agree that the information submitted may be monitored. The Company also does not guarantee that the website or services enabling the use of the App, or any communications from the Company, are free from viruses or other harmful components. All such disclaimers, warranties, and terms are applicable unless prohibited by relevant laws.
Limitation of Liability: The Company and its affiliates shall not be liable for any losses or damages, including direct, indirect, consequential, special, or incidental damages (such as loss of business, contracts, revenue, data, information, or interruption of production), arising out of or related to the use of or inability to use the App or its content, or in connection with these Terms of Use, even if the Company has been advised of the possibility of such damages.
The Company and its affiliates specifically disclaim any liability for losses, damages, or injuries arising from the use of the App, associated products, or from using Wi-Fi, SMS, Bluetooth, or any other connection technology. Additionally, the Company and its affiliates are not responsible for any errors, inaccuracies, or outdated or unauthenticated information in the App.
The liability of the Company and its affiliates, as described in this section, is excluded to the extent permitted by law. If applicable laws prohibit or limit the exclusion of liability, the Company and its affiliates will limit their liability to the maximum extent permitted by law, including for both direct and indirect damages. It is your responsibility to take all reasonable steps to mitigate your losses from any claims or actions (such as negligence, breach of contract, or other types) you may bring against the Company.
Any claims or actions related to the use of the App must be initiated within one year of the cause of action or claim.
Note: To consider all written or electronic communications valid, proof of sending and receipt must be demonstrated.
Severability: If any provision of these Terms of Use is found to be unenforceable, it will be enforced to the maximum extent permissible, preserving the intent of the provision. All other provisions will remain in full force and effect.
Governing Law: The use of this App is governed by the laws of the Republic of Latvia, to the extent permitted by applicable consumer protection laws, without regard to any conflicts of laws.
Third-Party Beneficiaries: Apple Inc., Google Inc., and their affiliated companies are third-party beneficiaries of these Terms of Use. They have no obligation to provide maintenance or support services, address claims related to the App, or compensate you for any claims made by third parties.
