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. Material changes will be notified to users in advance via the App or email before they take effect. Continued use of the App signifies your acceptance of these changes. Changes will take effect as soon as they are published in the App. Continued use of the App signifies your acceptance of these changes. Where required by applicable law, the Company will notify users of material changes in advance.

 

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 for statistical and service improvement purposes, based on the Company’s legitimate interests, in accordance with in accordance with the Privacy Policy and applicable data protection laws.

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. This processing is carried out on the basis of the legal grounds described in the Privacy Policy.

 

4.     Trackers and Identifiers

4.1.  The App integrates third-party software development kits (SDKs), including the Meta (Facebook) SDK. These technologies allow the collection of information from your device and your interaction with the App.

4.2.  We use these trackers to analyze user behavior, optimize our services, and enhance advertising targeting. This may involve the collection of device-specific identifiers, such as Advertising IDs (IDFA for iOS and AAID for Android), and interaction patterns.

4.3.  Data collected through these trackers may be transmitted to and processed by Meta Platforms, Inc. in accordance with their privacy policy. You can manage or opt-out of such tracking through your mobile device’s system settings (e.g., 'Limit Ad Tracking' or 'Opt out of Ads Personalization').

 

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 images including people; however, as a data controller, the Company will remove content that violates third-party privacy rights upon receiving a valid notice.

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.  Gallery and Places Features

6.1. The App may include a feature called “Gallery” which allows users to upload and share photographs related to fishing activities (the “Gallery”). Content published in the Gallery is visible to all users of the App, notwithstanding Section 5.4 of these Terms.

6.2. Prior to publishing any image in the Gallery, the user must explicitly confirm their intention to make the image publicly available. By confirming publication, you acknowledge and agree that:

  • the image will be accessible to all users of the App;

  • the image may also be displayed on FishGround websites or other Company-controlled platforms;

  • publication is voluntary and you may remove your image at any time;

  • once published, the Company cannot prevent further use, sharing, or reproduction of the image by other users.

6.3. The Gallery is designed to operate on an anonymous basis. The Company does not display personal data of the user in connection with Gallery content, including identity or location, in accordance with Section 3 of these Terms. Only the image and aggregated engagement indicators (such as “likes”) are shown. However, the Company may remove such content where it becomes aware that it violates these Terms or applicable laws.

6.4. You are solely responsible for any content you upload to the Gallery, as further described in Section 5.2 of these Terms. By uploading an image, you represent and warrant that:

  • you own the image or have obtained all necessary rights and permissions to publish it;

  • the image does not infringe any intellectual property rights, privacy rights, or other rights of third parties;

  • any identifiable individuals in the image have provided appropriate consent;

  • the content complies with all applicable laws and regulations;

  • the content is consistent with the intended purpose of the App.

6.5. You agree not to upload content that:

  • is offensive, obscene, pornographic, or otherwise inappropriate;

  • contains hate speech, discriminatory content, or extremist symbols;

  • depicts violence, abuse, or disturbing material;

  • is unrelated to fishing or misleading in nature;

  • violates any applicable law or third-party rights.

The Company reserves the sole right to determine whether any content violates these requirements.

6.6. The Company does not guarantee prior review of all uploaded content. The Company reserves the right, at its sole discretion and without prior notice, in accordance with Sections 1.4 and 5 of these Terms, to:

  • refuse to publish any image;

  • remove any image at any time;

  • restrict or terminate access to the Gallery feature.

6.7. By uploading an image to the Gallery, you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the image within the App and on the Company’s websites, and other Company-controlled platforms, including for promotional purposes and for data processing as described in Section 3.6 of these Terms. This license shall survive the deletion of the content to the extent necessary for the purposes described in these Terms.

6.8. To the fullest extent permitted by law and in accordance with the Limitation of Liability provisions of these Terms, the Company assumes no responsibility for user-generated content in the Gallery and makes no warranties regarding its accuracy, legality, or appropriateness. The Company shall not be liable for any damages arising from the use of the Gallery feature.

6.9. You agree to indemnify and hold harmless the Company from any claims, damages, or expenses arising out of or related to:

  • your uploaded content;

  • your violation of these Terms;

  • infringement of any third-party rights.

6.10. Places Feature and Catch Data Display

6.10.1. The App may include a feature that allows the display of catch-related information associated with specific fishing locations (“Places”), including locations operated or promoted by the Company’s cooperation partners.

6.10.2. By submitting catch data within a specific location, you acknowledge and agree that certain information related to your catch may be displayed to other users within that location. Such information may include:

  • date of the catch;

  • fish species;

  • fish size (length and/or weight);

  • general type of bait used.

The Company does not display specific bait models or detailed proprietary fishing techniques.

6.10.3. All data displayed in the Places feature is presented in a generalized and non-personally identifiable manner and is not linked to your identity.

6.10.4. The purpose of this feature is to provide aggregated insights and improve the user experience within specific fishing locations.

6.10.5. The Company reserves the right to modify, limit, or remove displayed data at its discretion and in accordance with these Terms.

7.     Intellectual Property

7.1.  All intellectual property rights related to the App are owned by the Company or its licensors.

7.2.  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:

7.2.1.     You must retain all copyright and other proprietary notices included in the downloaded content;

7.2.2.     You may not modify, reproduce, publicly display, perform, distribute, or otherwise use the content for any public or commercial purposes;

7.2.3.     You may not transfer the content to others unless they are informed and agree to abide by these Terms of Use.

7.3.  The Company does not grant you any direct or indirect legal rights related to any patents, designs, trademarks, databases, copyrights, or trade secrets.

 

8.     Limitation of Liability

8.1.  To the extent permitted by applicable law, the Company is not liable for any losses or damages arising from the use of the App.

8.2.  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.

 

9.     Subscriptions and payments

9.1.  FishGround offers subscription-based services that provide access to premium features. Subscriptions are billed on a recurring basis (monthly or annually), depending on the plan you select. Payment will be charged to your account at confirmation of purchase. Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage your subscription and turn off auto-renewal by going to your account settings after purchase. Subscription access may also be provided to the User by an authorized Partner of the Company.

9.2. We may offer a free trial period for our subscription services. If you do not cancel your subscription before the end of the trial period, you will be charged the applicable subscription fee.

9.3.  All payments for subscriptions are made in accordance with the terms and pricing specified within the App.

9.4.  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.

9.5. You may cancel your subscription at any time through your account settings. Please note that deleting the app does not cancel your subscription. Refunds are handled by the respective platforms (Apple App Store or Google Play Store) and are subject to their refund policies.

9.6.  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.

 

10.     Dispute resolution

10.1.  If you have any questions or concerns regarding the use of the App, please contact us first.

10.2.  If we are unable to resolve the dispute amicably, you have the right to submit a complaint to the appropriate regulatory authority.

10.3.  In case of disputes, only the court of Latvia has jurisdiction.

 

11.  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.

12.     Third-Party Services

FishGround integrates third-party software development kits (SDKs), including the Meta (Facebook) SDK. The use of these third-party services is subject to their respective privacy policies and terms. For more information, please refer to our Privacy Policy.

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 the statutory limitation periods provided by the laws of the Republic of Latvia.

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.