Terms and Conditions for FishOz
1. Acknowledgment
This agreement is between you, the user, and FishOz only. FishOz is solely responsible for the content and services of the FishOz app. By using the app, you agree to these terms and conditions. Your use of the app must also comply with the terms and conditions of the platform (such as the App Store or Google Play) from which you downloaded it.
Apps made available through digital marketplaces are licensed, not sold to you. Your license to the FishOz app is granted by FishOz under this agreement. The marketplace provider (such as Apple or Google) and its affiliates are third-party beneficiaries of this agreement and have the right to enforce its terms.
2. Scope of License
You are granted a non-transferable, non-sublicensable license to use the FishOz app on devices you own or control, in accordance with the usage rules of your device’s operating system and the store from which it was downloaded.
• You may not transfer, redistribute, or sublicense the app.
• If you sell your device, you must remove the app before doing so.
• You are prohibited from reverse-engineering, disassembling, or modifying the app unless explicitly allowed by law.
This license includes access to future updates and upgrades, unless they come with new terms.
3. Maintenance and Support
FishOz is responsible for providing maintenance and support for the app. The platform provider (e.g., Apple or Google) has no obligation to provide maintenance or support. For any inquiries or issues, contact FishOz at the address listed below.
4. Consent to Data Collection
FishOz may collect non-personal technical data about your device, operating system, and app usage for the purpose of providing updates, support, and improving the app.
However, FishOz does NOT collect any personal data, including but not limited to:
• Personal Information: Your name, email address, or any other personally identifiable data is not collected.
• Fish Catch Data: Information about species caught, locations, or catch details is never transmitted to FishOz or third parties.
5. Product Claims
FishOz is solely responsible for:
• Product liability claims
• Legal or regulatory non-compliance
• Consumer protection or privacy claims, including those involving location data or device-specific frameworks (e.g., HealthKit, HomeKit)
6. Intellectual Property Rights
If a third party claims that the FishOz app infringes their intellectual property rights, FishOz is responsible for addressing and resolving the claim.
7. User Responsibilities
By using the FishOz app, you agree:
• To follow all applicable local fishing regulations, regardless of what the app displays.
• To verify fishing rules through official sources.
• Not to use the app for unlawful purposes, harassment, or any malicious activity.
8. Copyright of Fish Illustrations
All fish illustrations in the app are copyrighted by FishOz. You may not copy, reproduce, or distribute them without express written permission from FishOz.
9. External Services and Third-Party Content
The app may provide access to third-party services or websites. These are used at your own risk, and FishOz is not responsible for the availability, security, or content of those services.
• You are responsible for complying with any applicable third-party terms.
• Services or content may not be available in all regions or languages.
10. Legal Compliance and Export Restrictions
You may not use or export the FishOz app in violation of U.S. export laws or the laws of your country. The app may not be exported to countries subject to embargoes or to persons on restricted lists. By using the app, you affirm your compliance with these restrictions.
11. No Warranty
The FishOz app and its services are provided “as is” and “as available,” without any warranties of any kind.
FishOz expressly disclaims all warranties, express or implied, including but not limited to:
• Merchantability
• Fitness for a particular purpose
• Accuracy of information
• Quiet enjoyment
• Non-infringement of third-party rights
No oral or written advice from FishOz or its representatives creates a warranty. You assume all responsibility for any issues or repairs resulting from app use.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply.
12. Limitation of Liability
To the extent permitted by law, FishOz and its developers are not liable for:
• Personal injury
• Indirect, incidental, special, or consequential damages, including:
• Loss of profits or data
• Business interruption
• Commercial damages or losses
This applies regardless of the legal theory, even if FishOz was advised of the possibility of such damages.
In jurisdictions where such exclusions are not allowed, these limitations may not apply.
Total liability under this agreement will not exceed $50 USD, even if a remedy fails its essential purpose.
13. Termination of License
This agreement remains in effect until terminated by you or FishOz.
• It terminates automatically if you violate any term of this agreement.
• Upon termination, you must stop using and delete the app from all devices.
14. Developer Contact Information
For questions, complaints, or claims, contact:
fishozapp@gmail.com
15. Changes to Terms
FishOz may update these terms at any time without prior notice. Continued use of the app after changes means you accept the updated terms.
16. Governing Law and Disputes
This agreement is governed by the laws of Western Australia. Any disputes will be resolved in the courts of Western Australia.
If you reside outside Australia, your local consumer protection laws may also apply.
