Terms of Service

Welcome to FishDex. These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("User" or "you") and FishDex ("FishDex", "we", "us", or "our"), concerning your access to and use of the FishDex mobile application, web application, and related services (collectively, the "Service" or "Application"). By downloading, accessing, registering for, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Service.

These Terms apply to all users of the Service, regardless of whether you have registered for an account. Certain features of the Service may be subject to additional terms and conditions, which are incorporated herein by reference.

You must be at least 13 years of age (or the equivalent minimum age in your jurisdiction) to create an account and use the Service. By registering for an account, you represent and warrant that you meet this age requirement, that you are legally capable of entering into a binding agreement, and that the information you provide during registration is accurate, complete, and current.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. We reserve the right to suspend or terminate your account if any information provided during registration is found to be inaccurate, false, or misleading.

One person or entity may not maintain more than one account at any given time. You may not create an account on behalf of another person or entity without their express authorization.

FishDex is a personal fishing companion application that enables Users to log and track their fishing catches, discover and catalog fish species, manage fishing spots, connect with other anglers, and view leaderboards and fishing statistics. The Service includes social features such as friend connections, catch sharing, likes, and comments, as well as location-based features including interactive maps and fishing spot tracking.

We reserve the right to modify, suspend, or discontinue the Service, or any features thereof, at any time and without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

The Service allows Users to create, upload, post, and share content, including but not limited to catch records, photographs, written notes, comments, profile information, and other materials (collectively, "User-Generated Content" or "UGC"). You retain all ownership rights in and to your User-Generated Content. By submitting, posting, or displaying User-Generated Content on or through the Service, you grant FishDex a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User-Generated Content for the purposes of operating, providing, promoting, and improving the Service.

This license survives the deletion of your account and the removal of your User-Generated Content from the Service, to the extent that such Content has been shared with or displayed to other Users prior to deletion. You acknowledge that FishDex may retain copies of your User-Generated Content in backup systems for a reasonable period following deletion.

3.1 Content Standards

You are solely responsible for the User-Generated Content you submit to the Service. You represent and warrant that you have all necessary rights, licenses, and consents to submit and share your User-Generated Content and that doing so does not infringe or violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights. You further represent and warrant that your User-Generated Content does not and will not contain any of the following:

• Content that is defamatory, libelous, threatening, harassing, abusive, hateful, or discriminatory;
• Content that is false, misleading, or fraudulent;
• Content that infringes, misappropriates, or violates the intellectual property, privacy, publicity, or other rights of any third party;
• Content that is illegal, promotes illegal activity, or constitutes or depicts criminal activity;
• Content that contains personal information of third parties without their consent;
• Content that contains malware, viruses, or other harmful code;
• Content that constitutes spam, phishing, or unsolicited commercial messaging;
• Content that impersonates another person or entity, or falsely represents an affiliation with a person or entity;
• Content that depicts or encourages cruelty to animals, or that depicts fishing activities in violation of applicable laws, regulations, or ethical fishing practices.

3.2 Content Moderation

FishDex does not actively monitor all User-Generated Content and assumes no responsibility for the accuracy, integrity, quality, or legality of any Content posted by Users. However, we reserve the right, but have no obligation, to review, edit, restrict, remove, or delete any User-Generated Content that we believe, in our sole discretion, violates these Terms, applicable law, or is otherwise objectionable. We may take these actions without prior notice to you.

If you encounter User-Generated Content that you believe violates these Terms, please contact us at support@thefishdex.com with a description of the Content and the reason for your report.

You agree not to use the Service to engage in any of the following prohibited activities:

• Violating any applicable local, state, national, or international law or regulation;
• Infringing upon or violating the intellectual property, privacy, publicity, or other rights of any person or entity;
• Harassing, bullying, stalking, threatening, or intimidating any person;
• Collecting or harvesting personal information of other Users through automated or manual means;
• Attempting to gain unauthorized access to the Service, other User accounts, or any related systems, networks, or data;
• Interfering with, disrupting, or disabling the Service, including through the use of bots, scrapers, scripts, or other automated tools;
• Uploading or transmitting any malware, viruses, or other malicious code;
• Creating a false identity for the purpose of misleading others;
• Using the Service for any commercial purpose without our prior written consent;
• Reverse engineering, decompiling, or disassembling any portion of the Service, except as permitted by applicable law;
• Using the Service in any manner that could damage, disable, overburden, or impair the Service.

Violations of these conduct rules may result in the immediate suspension or termination of your account and may subject you to legal liability.

The Service, including its design, features, functionality, graphics, logos, text, software, and all other content provided by FishDex (excluding User-Generated Content), is owned by FishDex or its licensors and is protected by United States and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service or any FishDex-owned content, except for the limited right to use the Service in accordance with these Terms.

The "FishDex" name, logo, and all related trademarks, service marks, and trade dress are the property of FishDex. You may not use any FishDex trademark without our prior written consent.

User-Generated Content remains the property of the User who created it, subject to the license granted to FishDex in Section 3.

5.1 Species Images and Reference Content

The fish species images and other reference content displayed in the Service are sourced through the following methods, each of which grants FishDex the necessary rights to display such content:

• Public domain sources — Certain species images are sourced from public domain repositories, including but not limited to the National Oceanic and Atmospheric Administration (NOAA) and other government or public domain image libraries. Public domain content is free of copyright restrictions and may be used for commercial purposes without attribution or permission;
• AI-generated images — Certain species images are generated using artificial intelligence tools, using reference photographs owned by FishDex or sourced from public domain materials. As the reference materials are either owned by FishDex or in the public domain, FishDex has the necessary rights to generate, use, and display the resulting AI-generated images within the Service.

FishDex warrants that it has obtained all necessary rights, licenses, and permissions to display all species images and reference content provided within the Service. Users may share, screenshot, or reference such content solely through the functionality provided by the Service and may not download, redistribute, or commercially exploit species images outside of the Service without FishDex's prior written consent.

FishDex offers a premium subscription ("Premium") that provides access to additional features and benefits beyond the free tier. The specific features, pricing, and billing terms for Premium are displayed within the Application and may change from time to time.

6.1 Billing and Renewal

Premium subscriptions are billed on a recurring basis (monthly or annually, depending on the plan you select) through our third-party payment processor, Stripe, or through the Apple App Store's in-app purchase system. Subscriptions automatically renew at the end of each billing cycle unless you cancel at least 24 hours before the end of the current cycle. You can manage or cancel your subscription at any time through your device's app store settings or through the subscription management options provided in the Application.

6.2 Refund Policy

Payments for Premium subscriptions are non-refundable, except as required by applicable law. If you believe you have been charged in error, please contact us at support@thefishdex.com. For subscriptions purchased through the Apple App Store, refund requests are subject to Apple's refund policy and must be submitted directly to Apple.

6.3 Free Tier Limitations

The free tier of FishDex is subject to certain limitations, which may include a maximum number of catch records or species entries. When a free-tier User reaches the applicable limit, the ability to add additional records may be restricted until the User upgrades to Premium or removes existing records. We reserve the right to modify free-tier limitations at any time.

6.4 Price Changes

We reserve the right to change the fees and charges for Premium at any time. Any price changes will take effect at the beginning of the next billing cycle following notice of the change. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

The Service relies on, integrates with, or otherwise interacts with third-party services and providers, including but not limited to Stripe (payment processing), OneSignal (push notifications), Mapbox (mapping and location services), and cloud infrastructure providers. Your use of these third-party services may be subject to their respective terms of service and privacy policies. FishDex is not responsible for the practices or content of any third-party service.

The Service may also display content or links to third-party websites and resources that are not owned or controlled by FishDex. We are not responsible for the availability, accuracy, or content of such third-party resources, and your interaction with them is at your own risk.

FishDex uses your device's location services to provide mapping, spot-tracking, and catch-logging features. Precise GPS coordinates are collected only when you actively choose to tag a catch or use map-based features. You are solely responsible for the accuracy of any location data you submit and for determining whether to share location data associated with your catches. You may revoke location permissions at any time through your device settings.

You acknowledge that location data associated with publicly shared catches may be visible to other Users if you choose to enable location sharing for a specific catch. FishDex is not liable for any consequences arising from your decision to share location data.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FISHDEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FISHDEX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

FishDex does not warrant that the species information, fishing regulations, bag limits, or other reference data displayed in the Service are accurate, complete, or current. Such information is provided for general reference only and should not be relied upon as legal advice or as a substitute for consulting official regulatory sources. You are responsible for verifying all applicable fishing regulations and obtaining any required licenses or permits before engaging in fishing activity.

Any advice, tips, or recommendations provided through the Service are for informational purposes only. FishDex does not endorse or guarantee the success of any fishing technique, location, or equipment recommendation.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FISHDEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FISHDEX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF FISHDEX FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO FISHDEX FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless FishDex, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User-Generated Content; (b) your use of or inability to use the Service; (c) your violation of these Terms; (d) your violation of any applicable law or the rights of any third party; or (e) your violation of any fishing regulation, law, or ethical practice. FishDex reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

You may terminate your account at any time by using the account deletion feature within the Application or by contacting us at support@thefishdex.com. Upon termination, your right to use the Service will immediately cease.

FishDex reserves the right to suspend or terminate your account and restrict access to the Service at any time, with or without cause and with or without notice, if we believe that you have violated these Terms, applicable law, or otherwise engaged in conduct that is harmful to the Service, other Users, or FishDex. Upon termination for cause, no refunds will be provided for any prepaid Premium subscription fees.

The following provisions shall survive termination of your account: Sections 3 (User-Generated Content), 5 (Intellectual Property Rights), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Governing Law).

FishDex reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, provide notice through the Application or via email. Your continued use of the Service following the posting of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Service and request deletion of your account.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Service after any modification indicates your acknowledgment and acceptance of the updated Terms.

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which FishDex is incorporated, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue binding arbitration or file a claim in a court of competent jurisdiction located in the applicable state.

You agree that, to the fullest extent permitted by law, you will not bring any claim against FishDex on a class-action or representative basis, and you waive the right to participate in any class-action proceeding against FishDex.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with the FishDex Privacy Policy, constitute the entire agreement between you and FishDex with respect to the Service and supersede all prior or contemporaneous understandings, communications, and agreements, whether written or oral. In the event of a conflict between these Terms and the Privacy Policy, these Terms shall control with respect to the use of the Service, while the Privacy Policy shall control with respect to data collection and privacy practices.

If you have any questions, concerns, or requests regarding these Terms, please contact us: