Terms of Service
These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Findexr ("Company", "we", "us", or "our"), governing your access to and use of the Findexr mobile application (the "App"), the website at findexr.co.uk (the "Site"), and related services (collectively, the "Services").
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
1. Eligibility & User Accounts
- Age Requirement: You must be at least 16 years of age (or the minimum legal age of digital consent in your jurisdiction) to use the Services.
- Account Registration: You agree to provide accurate, current, and complete information during registration and to keep your account credentials secure. You are solely responsible for all activities that occur under your account.
- Account Termination: We reserve the right, in our sole discretion and without prior notice or liability, to suspend, disable, or terminate your account or restrict your access to the Services for any reason, including violation of these Terms.
2. User Content & License Grants
"User Content" includes photos, images, catch logs, species observations, GPS location data, text, comments, and other material uploaded or transmitted by users to the Services.
- Content Ownership: You retain underlying copyright ownership of your original User Content.
- Broad Commercial & Operational License: By submitting or uploading User Content to the Services, you grant Findexr a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, compile, analyze, commercialize, and incorporate such User Content into our databases, machine learning AI models, algorithms, marketing materials, and derivative services without compensation to you.
- Aggregated Data Rights: We hold exclusive rights to compile, anonymize, aggregate, publish, license, or sell analytical datasets derived from User Content and observation metadata.
3. Prohibited Conduct
You agree NOT to engage in any of the following prohibited activities:
- Uploading illegal, defamatory, obscene, harassing, hateful, or infringing content.
- Submitting false, deceptive, or malicious species records or GPS coordinates.
- Using automated bots, scrapers, crawlers, or extraction tools to harvest data from the Services without our written authorization.
- Attempting to reverse engineer, decompile, or disassemble any part of the App or platform source code.
- Using the Services for any unlawful purpose or in violation of local marine, fishing, conservation, or environmental laws.
4. Disclaimer of Warranties ("AS IS")
IMPORTANT LEGAL DISCLAIMER: THE SERVICES, INCLUDING ALL SPECIES IDENTIFICATIONS, MAP DATA, TIDE INFORMATION, AND USER LOGS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FINDEXR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
Specifically, Findexr makes no representation or warranty that:
- Species identifications generated by AI or automated tools are 100% accurate, error-free, or suitable for consumption or legal compliance.
- The Services will meet your requirements, operate uninterrupted, or be secure or free from bugs or viruses.
- Coordinates, GPS location data, or marine maps are precise or suitable for maritime navigation.
5. Marine, Environmental & Legal Compliance Disclaimer
USER SOLE RESPONSIBILITY: Findexr is an informational tracking tool only. You are solely responsible for verifying local fishing regulations, species protection rules, legal catch size limits, bag limits, seasonal closures, and safety guidelines. Findexr assumes NO liability for legal fines, wildlife enforcement penalties, physical injuries, property loss, toxic ingestion, or damages resulting from your reliance on information displayed in the App.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FINDEXR, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, PHYSICAL INJURY, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
- ANY INACCURATE SPECIES IDENTIFICATION OR MAP GEOLOCATION DATA;
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL FINDEXR'S AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED THE GREATER OF ONE HUNDRED BRITISH POUNDS (£100.00 GBP) OR THE TOTAL AMOUNT PAID BY YOU TO FINDEXR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
7. Indemnification
You agree to defend, indemnify, and hold harmless Findexr, its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal attorneys' fees) arising from: (a) your use or misuse of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights or applicable laws.
8. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any dispute or claim arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
9. Modifications to Terms
We reserve the right to amend these Terms at any time. Updated versions will be posted on findexr.co.uk/terms.html. Your continued use of the Services following any modifications indicates your binding acceptance of the updated Terms.
10. Contact Us
If you have any legal questions or notices regarding these Terms, please contact us at:
- Email: support@findexr.co.uk
- Website: findexr.co.uk/support.html