Terms & Conditions

01Agreement to these terms

These Terms & Conditions ("Terms") govern your use of the mobile applications published by Fish Factory ("Fish Factory", "we", "us", "our"), an independent mobile development studio registered in Ukraine (the "Apps").

By downloading, installing or using an App, you agree to these Terms. If you do not agree, do not use the App. If an App presents additional terms for a specific feature, those terms apply together with these Terms.

You must be old enough to enter into a binding agreement in your country, or have the permission of a parent or legal guardian who accepts these Terms on your behalf.

Our Privacy Policy explains how we handle personal data and forms part of your relationship with us.

02Licence to use the Apps

The Apps are licensed, not sold. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the Apps on devices you own or control, for your own non-commercial use, as permitted by the usage rules of the app store you downloaded the App from.

03Accounts

Some Apps or features need an account. You agree to provide accurate information, keep your sign-in credentials confidential, and tell us promptly if you suspect unauthorised use of your account. You are responsible for activity that takes place under your account.

You can delete your account at any time in the App or by following the steps on our Data deletion page.

04Acceptable use

You agree not to:

• use the Apps for any unlawful purpose or in violation of any applicable law;
• copy, modify, distribute, sell, lease or sublicense any part of the Apps;
• reverse engineer, decompile or disassemble the Apps, except where the law expressly allows it;
• circumvent, disable or interfere with security features, access controls or paid-feature restrictions;
• use automated means to access the Apps or our services, or place an unreasonable load on them;
• upload malware or content that is unlawful, infringing, abusive or harmful to others;
• attempt to gain unauthorised access to other users' accounts or data.

05Subscriptions and purchases

Some Apps offer one-time in-app purchases and auto-renewing subscriptions ("Purchases"). Prices, billing periods and what each Purchase includes are shown in the App before you buy.

Billing

All Purchases are billed through your Apple App Store or Google Play account. Payment is charged to that account when you confirm the Purchase. We do not process or store your payment details.

Auto-renewal

Subscriptions renew automatically for the same period and at the then-current price unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the current period ends.

Cancelling

You can manage or cancel a subscription at any time in your App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then. Deleting the App or your account does not cancel a subscription.

Free trials and introductory offers

If a subscription starts with a free trial or introductory price, you will be charged the regular price when the offer ends unless you cancel before then. Any unused part of a free trial is forfeited when you buy a subscription.

Price changes

We may change subscription prices. You will be notified in advance by the app store, and, where required, the new price applies only after you accept it.

Refunds

Purchases are handled by Apple or Google, and refund requests are processed by them under their refund policies. Except where the law requires otherwise, Purchases are non-refundable. Nothing in these Terms limits the statutory rights you have as a consumer, including any right of withdrawal under the laws of your country.

06Intellectual property

The Apps, including their code, design, text, graphics, logos and other content, are owned by Fish Factory or its licensors and are protected by copyright, trademark and other laws. "Fish Factory" and the Fish Factory logo are our brand. These Terms do not give you any right to use our names, logos or other brand features, and all rights not expressly granted are reserved.

The Apps may include open-source software, which is licensed to you under the terms of the applicable open-source licences shown in the App.

07Your content

You keep ownership of the content you create or store in the Apps. You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, back up and display that content only as needed to provide the Apps to you. You are responsible for your content and confirm that you have the rights to use it.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

08Third-party services

The Apps may rely on or link to services operated by third parties (for example, sign-in providers, cloud services or the app stores). Those services are governed by their own terms and privacy policies. We are not responsible for third-party services or for content we do not control.

09Updates and availability

We may update, change or discontinue an App or any of its features. Some updates may be required to keep using the App. We try to keep the Apps available and working, but we do not guarantee that they will be uninterrupted, error-free or compatible with every device or operating-system version.

10Disclaimers

To the fullest extent permitted by law, the Apps are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Information in the Apps is provided for general purposes only and is not professional advice (for example, medical, legal or financial advice). You use the Apps at your own discretion and risk.

11Limitation of liability

To the fullest extent permitted by law, Fish Factory will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or related to your use of, or inability to use, the Apps.

Our total liability for all claims relating to the Apps is limited to the greater of (a) the amount you paid us for the App in the 12 months before the event giving rise to the claim, or (b) EUR 50.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud, or for gross negligence or wilful misconduct. If you are a consumer, you keep all rights granted by the mandatory laws of the country where you live.

12Indemnity

To the extent permitted by law, you agree to compensate Fish Factory for losses and reasonable costs that result from your breach of these Terms or your unlawful use of the Apps. This section does not apply to consumers where such a clause is not enforceable.

13Termination

You can stop using the Apps at any time by deleting them from your devices. We may suspend or end your access if you materially breach these Terms, if we are required to by law, or if we discontinue the App. When these Terms end, the licence in section 2 ends and you must stop using the App. Sections that by their nature should survive (including sections 6, 10, 11, 12 and 15) continue to apply.

14App store terms

These Terms are between you and Fish Factory only, not with Apple or Google. Your use of the Apps must also comply with the terms of the store you downloaded them from.

Apps downloaded from the Apple App Store

• Responsibility. Fish Factory, not Apple, is solely responsible for the App and its content. Apple has no obligation to provide maintenance or support for the App.
• Licence scope. The licence is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Warranty. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Claims. Fish Factory, not Apple, is responsible for addressing claims relating to the App, including product-liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer-protection or privacy laws.
• Intellectual property. Fish Factory, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the App infringes intellectual property rights.
• Legal compliance. You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, have the right to enforce these Terms against you.

Apps downloaded from Google Play

Your use of the App is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App or for support.

15Governing law and disputes

These Terms are governed by the laws of Ukraine, without regard to conflict-of-law rules. If you are a consumer, you also benefit from the mandatory provisions of the law of the country where you live, and you may bring proceedings in the courts of that country.

Please contact us first at contact@fishfactory.dev — most concerns can be resolved quickly and informally.

16General

• Changes to these Terms. We may update these Terms from time to time. The "Last updated" date shows the latest revision. If a change is material, we will notify you in the App or by other appropriate means before it takes effect. Continuing to use the App after that date means you accept the updated Terms.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
• No waiver. If we do not enforce a provision, that is not a waiver of our right to do so later.
• Assignment. You may not transfer your rights under these Terms without our consent. We may transfer ours to a successor of the App or of our business.
• Entire agreement. These Terms, together with the Privacy Policy and any additional terms shown in an App, are the entire agreement between you and us regarding the Apps.

17Contact us

Fish Factory
Ukraine
Email: contact@fishfactory.dev
Website: fishfactory.dev