Terms of Service

This is a translation provided for convenience. The German version is legally binding.

1. Scope and provider

These terms govern your use of Wall of Fish — the iOS and Android app and the website — between you and [Vorname Nachname] (the provider, “we”; details in the imprint). How we handle your data is described in the privacy policy.

2. Service

Wall of Fish is a digital fishing log: you record catches (species, size, time, optionally location and photos), collect them on walls, connect with buddies and keep shared walls (crews).

• Free use: the basic service is free and has limits, for example on the number of shared walls you own or photos stored. Current limits are shown in the app.
• Pro (planned): extended features and higher limits are available as a subscription. Purchase, billing, renewal, cancellation and refunds are handled exclusively by Apple's App Store or Google Play, whose terms apply in addition. You cancel a subscription in the subscription settings of the respective store. Price and term are shown in the store before you buy.
• We continue to develop Wall of Fish and may change features as long as the agreed core of the service is preserved and the change is reasonable for you. For Pro, the statutory rules on digital products (Sections 327 et seq. BGB) apply, including your right to terminate in case of detrimental changes.

3. Account

• Sync, buddies and shared walls require an account, which you create via Google or Apple. You must be at least 16 years old.
• One account per person. Keep your access to the sign-in provider secret and tell us if you notice misuse of your account.
• Your nickname must not infringe third-party rights, be offensive, or suggest that you are someone else or speak for Wall of Fish.

4. Rules of use

When using Wall of Fish you agree in particular

• to upload only photos and content you created yourself or have the rights to;
• not to infringe third-party rights such as copyright, trademark or personality rights — in particular no photos in which other people can be identified without their consent;
• not to post unlawful, offensive, harassing, discriminatory or pornographic content;
• not to post content that encourages or glorifies breaches of fishing, animal welfare or nature conservation law (e.g. closed seasons, minimum sizes, catch bans). You are responsible for complying with the rules that apply at the water and for holding a valid fishing licence or permit; information in the app (e.g. species lists) is not legal advice;
• not to disrupt the service technically, scrape it automatically or circumvent security measures;
• not to spread advertising or spam via invitations, nicknames or content.

If you break these rules we may remove the content concerned, warn you and, in serious or repeated cases, suspend your account temporarily or permanently. We take your legitimate interests into account and inform you of the measure and its reason unless there is a reason not to. You can report unlawful content to us at any time at [kontakt@walloffish.com].

5. Your content and licence

• Your catches, photos and other content remain yours. You only grant us the non-exclusive, royalty-free right, limited to the period of storage, to store them, process them technically (e.g. resize) and show them to the people you choose — solely to provide the service to you.
• We do not use your photos or content for advertising or marketing and do not pass them to third parties for their own purposes. Should we ever want to show content, e.g. as an example in a store listing, we will ask you explicitly first.
• The licence ends when you delete the content or your account; copies already delivered to other users (e.g. in their app's image cache) cannot be removed immediately for technical reasons.

6. Shared walls and buddies

• Buddies are mutually confirmed connections. Catches with “Buddies” visibility are visible to all your confirmed buddies.
• If you assign a catch to a shared wall, all members of that wall can see the catch including photos — even if it is otherwise private. Others see the location at most coarsely (about 1 km) and only if you have allowed it.
• Whoever creates a wall manages its members. You can leave a wall at any time and remove your catches from it.
• You can block other users. Members are responsible for the content they post on shared walls.

7. Availability

We strive for smooth operation but cannot guarantee uninterrupted availability, e.g. due to maintenance, further development or service provider outages. You can log catches offline; they sync once you are connected. We recommend backing up important data using the export feature.

8. Liability

• We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
• For slight negligence we are only liable for breach of an essential contractual obligation (one whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely), limited to the foreseeable damage typical for the contract.
• For free use we are — except in the cases of the first point — only liable for intent and gross negligence.
• Your statutory rights in case of defects of digital products (Sections 327 et seq. BGB) remain unaffected.

9. Term, termination and deletion

• The contract runs for an indefinite period. You can end it at any time by deleting your account in the app. You cancel a running Pro subscription separately in the respective store; deleting your account does not automatically end the store subscription.
• We may terminate the contract for free use with 30 days' notice. The right to terminate for good cause (e.g. serious breaches of section 4) remains unaffected.
• Before termination by us or discontinuation of the service you can export your data; we will notify you in good time.

10. Changes to these terms

We may change these terms if the law, the service or the technical environment changes. We will inform you at least 30 days in advance in the app or by email. Changes affecting essential rights and obligations only take effect with your explicit consent. If you do not agree, you can delete your account at any time.

11. Governing law, final provisions

• German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, the mandatory consumer protection provisions of that country remain unaffected.
• We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
• Should any provision be invalid, the remainder of the contract remains valid; the statutory provision replaces the invalid one.