Thank you for using Fishing Points mobile application (hereinafter “Application”). These terms and conditions (hereinafter “ToC”) apply to your use of the Application (more at https://fishingpoints.app) provided by the owner Fishing Points Ltd., a company duly incorporated and organized under the laws of Slovenia, having its registered address at Jamova cesta 25, SI-1000 Ljubljana.
Please read this ToC carefully before agreeing or downloading or using the Application. In order to use the Application, you must first accept the ToC. By expressly agreeing to, downloading, making a purchase, registering for an account or otherwise using the Application, you are entering into legal agreement and agreeing to be bound by the ToC (including any updates or revisions). These ToC constitute a legal agreement between you and Fishing Points Ltd (hereinafter "us", "we", "our" or the “Company”).
If you do not or cannot accept these ToC, you are not permitted to use the Application. In such case do not download, make a purchase, register for an account or in any other way use the Application.
2. License Grant and Restrictions on Use
2.1 License Grant
Company grants you a revocable, non-exclusive, non-transferable, personal, non-sublicensable and limited right to download, install, access and use the Application on a single Mobile Device owned and controlled by you for your own private purposes only, and to access and use the Application on such Mobile Device strictly in accordance with the term of this License, the ToC, any specific rules and provisions, separately provided to you by the Company for specific or part of the Work and any service agreement associated with your Mobile Device.
2.2 Restrictions on Use
You shall use the Application strictly in accordance with the ToC and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (g) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by the Company; (h) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (i) be located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties; (j) use the Application in case you are not of legal age to form a binding contract.
You may use the Application without registering, but some features may not be accessible unless you register. When registering, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) not use another person or entities name or email address when you use the Application. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company reasonably suspects that you have done so, Company may suspend or terminate your account. We may also terminate unconfirmed accounts or accounts that have been inactive for a long time.
You are fully responsible for all activities that occur under your account. You may not share your account / password with anyone or allow someone else to use your Registration Data. You agree to notify the Company immediately of any unauthorized use of your account or password or any other similar breach of security.
3. Intellectual Property Rights
3.1 Rights to Application
You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, you acknowledge and agree that the source and object code of the Applications and the format, directories, queries, chart data, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. Except as expressly stated in the terms of this License, you are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in the terms of this License are hereby reserved and retained by Company.
3.2 Third Party Software
The Application may utilize or include third party software that is subject to open source and third party license terms (hereinafter “Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall prevail with regard to your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be publicly available software.
3.3 Company’s Marks
You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.
3.4 Infringement Acknowledgement
You and Company acknowledge and agree that, in the event of a third party claim that the Application or your possession or use of the Application infringes any third party intellectual property rights, you (and not Company) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.
4. Restriction on Transfer
You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
5. Third Party Content and Services
You acknowledge that the Application permits access or may provide links to products, services, web-sites, advertisements, promotions, recommendations, advice, resources, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (hereinafter “Third Party Content and Services”).
You acknowledge that Company does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and Company and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. The Company hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
5.3 Third Party Terms of Service
You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party located using the Application are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Company or its affiliates of such Third Party Content and Services. Company reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Company has no obligation to restrict or deny access even if requested by you.
5.5 Use of Third Party Content and Services
You agree that the Third Party Content and Services contain proprietary information and material that is owned by Company and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and you shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by you.
6. Term and Termination
This ToC and herein included terms of License shall be effective until terminated.
You may terminate your account and use of the Application at any time. Company may terminate your account and use of the Application, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this ToC and herein included terms of License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with these ToC and herein included terms of this License, then these ToC and herein included terms this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by the Company. Upon the termination of these ToC and herein included terms this License, you shall cease all use of the Application and uninstall the Application. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device. Upon termination of these ToC, you shall cease all use of the Application and delete all copies of the Application from your mobile device. If you terminate the subscription in the middle of billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle (we will not refund previously paid amounts). You are responsible for terminating your account and these ToC and we are not responsible for your failure to properly terminate your service and these ToC nor for any credit card charges and fees you incur as a result of your failure to properly terminate your service and this ToC.
7. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, SECURITY AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, CURRENT, COMPLETE, AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPANY HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. NAVIGATION SYSTEM DOES NOT PROVIDE FULL NAVIGATION IN TERMS OF AVOIDING SHALLOW WATERS, COASTS, ISLANDS OR ANY OTHER OBSTACLES. THEREFORE, IT SHOULD NOT BE RELIED ON OR USED FOR NAVIGATION. MAPS AND CHARTS MIGHT BE INACCURATE AND ARE NOT UPDATED REGULARLY. THEREFORE, YOU SHOULD NOT RELY ON THEM (ONLY OFFICIAL GOVERNMENT CHARTS AND NOTICES TO MARINERS CONTAIN ALL INFORMATION FOR SAFE NAVIGATION). ACCURACY OF THE APP RELIES ENTIRELY ON THE GPS SIGNAL QUALITY, YOUR MOBILE DEVICE GPS OR AND LOCATION SERVICES AND COMPASS CHIP. ANY INTERFERENCES MAY CAUSE WRONG DATA. APPLICATION IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS, WHERE PRECISE LOCATION, DIRECTION OR DISTANCE IS NEEDED, OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. LOCATION AND OTHER DATA MAY NOT BE ACCURATE, THEREFORE, YOU SHOULD NOT RELY ON IT. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ALL CONTENT MADE AVAILABLE THROUGH THE APPLICATION IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES AND LOSS (INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFIT AND LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION MAY INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PROPERTY DAMAGE, BODILY INJURY OR DEATH, INCLUDING, BUT NOT LIMITED TO, RISKS THAT MAY ARISE FROM THE ACTS OF OTHERS AND OTHER RISKS BEYOND THE CONTROL OF THE COMPANY. YOU ASSUME ALL SUCH RISKS AND ALL RELATED DAMAGES AND LOSSES, WHETHER CAUSED IN WHOLE OR IN PARTY BY ANY ACT OR OMISSION OF THE COMPANY OR ITS AFFILIATES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS THE COMPANY OR ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR PROPERTY DAMAGE, BODILY INJURY, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APPLICATION.
You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees from and against any claim, demand, proceeding, loss, damage, liability, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Application or Third Party Content and Services; (ii) your breach of these ToC and herein included terms of this License; (iii) your violation of law; (iv) Your negligence or wilful misconduct; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of these ToC and herein included terms of the License.
The Company does not warrant that the Application will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent damage to your Mobile Device, loss of the data located on your Mobile Device or Company’s servers, and corruption of the software and files located on your Mobile Device. You acknowledge and agree that Company and its employees, directors, shareholders, affiliates, partners, suppliers or licensors and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
11. Product Claims
You acknowledge that you (not the Company) are responsible for addressing any third party claims relating to your use or possession of the Application, and agree to notify Company of any third party claims relating to the Application of which you become aware. Furthermore, you hereby release Company from any liability resulting from your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
If any provision of these ToC and herein included terms of the License are held to be invalid or unenforceable with respect to a party, the remainder of these ToC and herein included terms of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these ToC and herein included terms of this License shall be valid and enforceable to the fullest extent permitted by law. Such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law.
12.2 Modification or Amendment
Company may modify or amend the terms of these ToC and herein included terms of the License at its sole discretion at any time without prior notice, by posting a copy of the modified or amended Agreement on the Company website “https://fishingpoints.app/terms”. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Application following the date in which the modified or amended these ToC or the terms of the License is posted on the Company website. You are responsible to regularly reviewing the Toc and the terms of License. If you do not agree to the updated ToC, you must stop using the Application immediately.
12.3 Mobile charges
The internet connection required to use the Application and any associated charges (e.g. mobile data expenses) incurred by your use of the Application are your exclusive responsibility and made solely at your own expense. Please consult your carrier, mobile operator, etc. for further information.
Free version of Application may show advertising content from various ad providers. Ad content might be based on the information collected by the ad service. Ads cannot be removed in free version of Application. The Company shall not be responsible for the content of the ads and any actions made by you which will be based on the content of the ads, including any purchase made by you based on these ads.
12.5 Improvement of Application
We are constantly changing and improving our Application. We may add, remove, modify, change, limit, disable, suspend or discontinue (temporarily or permanently), the Application, features or any service to which it connects at any time, without notice and without liability to you. The Company shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
The Company may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Application (“Updates”). The Company may develop Updates that require installation by you before you continue to access or use the Application. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which Updates may be automatically downloaded and installed is determined by settings on your device and its operating system.
You also acknowledge that the Company has no express or implied obligation to announce or make available any updates to the Application to anyone in the future.
12.6 Google Play services
Application may use Google Play Services in order to work properly. That includes Google Maps services, Google Analytics, Google Firebase, Google Admob, Google In-app Billing etc.
12.7 Apple services (iOS devices only)
iOS application may use Apple Services in order to work properly. That includes iCloud service, Apple In-App Purchase service, etc.
This Application contains chart data which is licensed by NAVICO NORWAY AS, a company organized and existing under the laws of Norway with organization number 966 041 056, having its principal offices at Elganeveien 1, N-4373 Egersund, Norway (hereinafter “NAVICO”). Neither NAVICO nor the Company has verified the information in this data and neither accepts liability for its accuracy. Neither NAVICO nor the Company warrants that this Application satisfies national or international regulations regarding the use of appropriate products for navigation.
12.10 NOAA User Agreement
This Application contains the NOAA RNC Tile Service, which increases the efficiency at which NOAA raster nautical charts (NOAA RNC®) are processed and displayed by subdividing them into small, manageable areas or “tiles”. Before using NOAA RNC Tile Service, you might be asked to agree to additional NOAA User Agreement.
12.11 Subscription terms
The download and usage of the Application is free of charge. Upgrade to Premium version is available on a subscription basis and price may vary between locations. Should you choose to upgrade to Premium version, payment will be charged through the iTunes App Store (http://itunes.apple.com), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you obtain the Mobile App (hereinafter “App Store”) at confirmation of purchase. Your subscription renews automatically unless auto-renew is turned off or cancelled at least 24 hours prior to the end of the current billing period. Your account will be charged for renewal within 24-hours prior to the end of the current billing period, and identify the cost of the renewal. Subscriptions can be managed and auto-renewal may be turned off in your Account Settings in App Store after purchase. No cancellation of the current subscription is allowed or possible during active subscription period. Uninstalling the Application will not automatically cancel your subscription or account or turn off auto-renewal. All subscriptions bought through the App Store fall under their respective policies. Subscriptions are not transferable between different App Stores.
We may change our subscription fees from time to time. In this case, you will be prompted by App Store to agree with new fees on the next subscription billing cycle. In case of a disagreement, subscription will be cancelled and will not renew on the next billing cycle.
The Company may decide to offer free trial for limited period of time. During this period, the Premium version of the Application may be used free of charge. Trial period will be automatically converted to an auto-renewing paid subscription, unless canceled before the free trial period is over. Payment will continue to auto-renew unless canceled before next renewal date. The Company may decide to offer a discount on regular subscriptions for a limited period of time (hereinafter “introductory pricing”). After this limited period, regular subscription price will be charged. One free trial or introductory pricing is available per App Store account. Only members who have never had a free trial or introductory price are eligible.
12.12 Battery life
Continued use of location services running in the background can dramatically decrease battery life.
12.13 Governing law and dispute resolution
These these ToC and herein included terms of the License are governed by the laws of Slovenia. All claims arising out of or relating to these these ToC and herein included terms shall be resolved by the Slovenian public courts, whereby the District Court of Ljubljana shall be the court of the first instance.
14. Entire Agreement
These ToC represent the entire agreement between you and the Company relating to the Application and replace all earlier agreements and understandings between you and us.
15. Contact Information
If you have any questions about these ToC and herein included terms of the License, would like to make a claim of copyright infringement or send us a suggestion, please feel free to contact us at any time on our email address: firstname.lastname@example.org.