Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you ("you", "User") and the operator of FishDay ("FishDay", "we", "us", or "our"), governing your access to and use of the FishDay website at https://www.fishday.pro and any related applications, APIs, and services (collectively, the "Service").

Please read these Terms carefully. By creating an account, accessing, or using the Service you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

1. Eligibility

1.1. You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) and have full legal capacity to enter into a binding contract to use the Service. The Service is not directed at children under 13 (or under 16 in the EEA/UK), and we do not knowingly collect data from them. See our Privacy Policy.

1.2. You may not use the Service if you are subject to economic sanctions administered by the United States, the European Union, the United Kingdom, or any other applicable authority, or if applicable law prohibits you from receiving or using software or services originating from our operating entity.

1.3. If you are using the Service on behalf of an organisation, you represent and warrant that you are authorised to bind that organisation to these Terms.

2. The Service

2.1. FishDay is an informational tool that aggregates, visualises and compares publicly available meteorological data (temperature, pressure, precipitation, humidity, wind, etc.) for geographic coordinates that you provide, with the goal of helping recreational anglers identify weather patterns similar to days they have personally experienced ("FishDay Watch").

2.2. The Service offers, among other things:

• visualisation of historical and forecast weather for user-defined locations;
• storage of user-supplied locations, notes and reference ("best") days;
• automated comparison and alerting when forecast conditions match a reference day;
• a Marketplace where Users may list, buy and sell user-generated content (locations and the weather pattern of a day) for FishDay Tokens;
• recurring subscription plans that bundle monthly Token allowances and additional features.

2.3. No professional advice. The Service is provided for general informational and recreational purposes only. It is not a forecasting, advisory, ichthyological, environmental, marine-safety, or navigational service, and nothing in the Service constitutes professional advice. Never rely on the Service for decisions that affect personal safety (for example, whether it is safe to go on the water). Always consult official weather warnings, your local authorities, and your own judgment.

2.4. Third-party data. Weather data is obtained from third-party providers such as Open-Meteo, OpenWeather and WorldWeatherOnline. We do not control, guarantee or warrant the accuracy, completeness, timeliness or availability of such data. The Service may be degraded or unavailable if a data provider is interrupted or changes its terms.

3. Accounts & Security

3.1. To use most features you must register an account using a valid email address and a password, or via a supported third-party identity provider (e.g., Google). You agree to provide accurate, current and complete information and to keep it up to date.

3.2. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at admin@fishday.pro if you suspect unauthorised use.

3.3. One person may operate one personal account. Sharing accounts, reselling access, or operating multiple accounts to circumvent quotas or trial limits is prohibited.

4. Tokens, Subscriptions & Billing

4.1. FishDay Tokens. "Tokens" are an internal, non-monetary unit of account used to pay for certain Service features (e.g., automated comparisons, marketplace purchases). Tokens have no cash value, are not legal tender, electronic money, securities, or any other financial instrument, are non-transferable except as expressly permitted within the Service, and cannot be exchanged back for currency except as set out in Section 5 (Refunds).

4.2. Subscriptions. We offer recurring subscription plans (currently Angler, Pro and Captain) billed monthly or annually in U.S. dollars (USD). Each successful renewal grants the corresponding monthly Token allowance to your balance (annual plans grant twelve months of Tokens up front). Subscription benefits, prices and Token allowances are described on the pricing page and may change for future billing periods upon notice as described in Section 13.

4.3. Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price for that plan, until you cancel. You authorise us, through our payment processor, to charge your payment method on file for each renewal.

4.4. Cancellation. You may cancel a subscription at any time from your account settings or via the Stripe-hosted billing portal. Cancellation takes effect at the end of the current billing period; you retain access (and Tokens already granted) until that date. We do not provide pro-rated refunds for partial periods except where required by law or expressly stated in Section 5.

4.5. Failed payments. If a renewal payment fails, the subscription enters a grace period during which Stripe retries the charge. If retries continue to fail, the subscription will be cancelled and paid features (including the monthly Token grant) will become unavailable.

4.6. Payment processor. Payments on fishday.pro are processed by Stripe (Stripe Payments Europe, Ltd. and its affiliates), which is PCI DSS Level 1 certified. We do not store full payment card numbers on our servers. By paying, you also agree to Stripe's applicable terms.

4.7. Taxes. Stated prices may exclude value-added tax, sales tax or similar duties, which Stripe may collect and remit on our behalf where required by law. You are responsible for any taxes that apply to you personally.

4.8. Currency & conversion. Subscriptions are denominated in USD. Your bank or card issuer may charge conversion or cross-border fees, for which we are not responsible.

4.9. Token expiry. Granted Tokens remain available while your account is active. Upon termination or deletion of your account, all unused Tokens are forfeited without compensation.

5. Refunds & Withdrawal

5.1. EU/EEA / UK consumers — right of withdrawal. If you are a consumer in the EU/EEA or the United Kingdom, you have a statutory right to withdraw from a contract for digital content or services within 14 days. By starting to use the Service (e.g., by spending a Token, executing a comparison, or downloading purchased Marketplace content) you expressly request immediate performance and acknowledge that you lose your right of withdrawal for content already supplied. Until that point you may withdraw by emailing admin@fishday.pro.

5.2. Token top-ups. Discretionary refunds for one-time Token purchases may be granted within 14 days of purchase provided that no Token from the purchased bundle has been spent.

5.3. Subscriptions. Subscription fees are non-refundable except where required by law or where our service has been materially unavailable for an extended period due to our fault. We may, at our discretion, prorate or refund part of an annual subscription if you cancel shortly after a renewal and have not consumed the Tokens granted.

5.4. Marketplace purchases. All Marketplace purchases are final. Tokens spent on Marketplace listings are not refundable, because the listing content (a location and its weather pattern) is delivered immediately and irrevocably upon purchase. Disputes with sellers are handled under Section 7.

5.5. To request a refund permitted by this section, email admin@fishday.pro from the address registered on your account, including the date of purchase and the amount. Approved refunds are returned to the original payment method via Stripe within 10 business days of approval.

5.6. Chargebacks. If you initiate a chargeback, dispute or reversal in respect of a payment that we believe in good faith was authorised, we may immediately suspend or terminate your account and forfeit any unused Tokens, in addition to any other remedy available at law.

6. User Content & License to Us

6.1. Your content. "User Content" means any data you submit to or generate through the Service, including locations, geographic coordinates, notes, reference days, photos and Marketplace listings. As between you and us, you retain all rights you have in your User Content.

6.2. License to us. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, display, adapt and create derivative works of your User Content solely as necessary to operate, provide, secure, improve and promote the Service. For Marketplace listings you also grant us, and the buyers of your listing, the additional rights necessary to deliver the listing.

6.3. Your representations. You represent and warrant that (a) you own or have all necessary rights in your User Content; (b) it does not infringe or violate the rights of any third party (including IP, privacy and data-protection rights); (c) it does not violate any law or regulation, or any of our rules in Section 8; and (d) any personal data of others is included only with that person's informed consent or another lawful basis.

6.4. Aggregated data. We may produce de-identified, aggregated statistics from User Content (e.g., regional catch-pattern trends) and use them for any purpose. Such aggregates do not identify you and are not your User Content.

7. Marketplace

7.1. The Marketplace lets Users sell and buy user-generated location and reference-day data for Tokens. FishDay acts solely as a technology platform and is not a party to any transaction between Users. We do not warrant the accuracy, quality, legality, safety or productivity of any listing, and we do not endorse any seller.

7.2. Sellers represent that they own the rights to the listing content and that the location they list is one where they have lawfully fished and which it is lawful to disclose. Sellers must not list private property without authorisation, protected/restricted areas, or content that violates Section 8.

7.3. Buyers acknowledge that listings are provided "as is", that fishing results depend on countless factors outside the Service's control, and that historical patterns are not a guarantee of future results. All Marketplace purchases are final.

7.4. We may, at our discretion and without liability, remove listings, refund Tokens, suspend Users or otherwise intervene if a listing is fraudulent, violates these Terms or applicable law, or is the subject of a credible complaint. Repeat or serious violations will result in account termination.

7.5. No regulated activity. The Marketplace is not a financial market, exchange, or money-transmission service. Tokens have no cash value (Section 4.1) and are used solely as in-Service units of account.

8. Acceptable Use

You agree that you will not, and will not permit any third party to:

• use the Service for any unlawful purpose or in violation of these Terms;
• upload content that is illegal, defamatory, obscene, hateful, harassing, infringing or that misappropriates trade secrets or violates privacy;
• list locations, methods or species in violation of fishing regulations, protected-area rules, or animal-welfare laws of the relevant jurisdiction;
• scrape, crawl, harvest, mirror or otherwise extract data from the Service except via interfaces we expressly authorise;
• reverse-engineer, decompile, disassemble or attempt to derive source code, except to the extent applicable law forbids such restriction;
• circumvent, disable or interfere with security or rate-limiting features, attempt unauthorised access, or probe the Service for vulnerabilities without written permission;
• use the Service to train, fine-tune or evaluate any machine-learning model, or to build a competing product or dataset;
• use the Service to send spam, unsolicited messages or perform any form of network abuse;
• impersonate any person or entity, or misrepresent your affiliation;
• introduce malware, exploit, denial-of-service or other harmful technology;
• resell, sublicense or commercially exploit access to the Service except as expressly permitted (e.g., the Marketplace).

9. Intellectual Property

9.1. The Service, including all software, designs, trademarks, logos, algorithms (including the FishDay scoring formulae), text, graphics and the arrangement thereof, is owned by us or our licensors and is protected by intellectual-property and other laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

9.2. Subject to your continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes (and, where you have purchased Marketplace content, to use that content as contemplated by the Service).

9.3. Feedback. If you send us suggestions, ideas or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.

10. Copyright Complaints (DMCA / EU)

If you believe content on the Service infringes your copyright, send a notice to admin@fishday.pro including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location on the Service (URL); (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorised by the rightsholder, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the rightsholder. We will respond to valid notices and may remove infringing material and terminate repeat infringers.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use and share personal data, your rights under applicable data-protection laws (including the GDPR and CCPA), and the processors we rely on.

12. Beta & Experimental Features

We may label certain features as "beta", "preview" or "experimental". Such features are provided as is, may be modified, suspended or removed at any time, may be subject to additional terms presented in-product, and are excluded from any service-level commitment.

13. Changes to the Service or these Terms

13.1. We may update, change or discontinue any part of the Service, including pricing, plan composition, Token costs, features and APIs, at any time, with reasonable notice where the change materially and adversely affects you.

13.2. We may amend these Terms by posting an updated version at this URL and updating the "Effective date" above. Material changes will be notified to you via in-product notice or email at least 14 days before they take effect, except where a shorter period is required for legal or security reasons. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to a change, you must stop using the Service and may cancel your subscription.

14. Suspension & Termination

14.1. By you. You may stop using the Service and delete your account at any time from your account settings. Some data may be retained as described in the Privacy Policy.

14.2. By us. We may suspend or terminate your access to all or part of the Service, with or without notice, if (a) you breach these Terms or any applicable law; (b) we believe your conduct creates legal, financial, security or reputational risk for FishDay or other Users; (c) a payment is reversed or disputed; or (d) we are required to do so by law or by a third-party provider on which the Service depends.

14.3. Effect of termination. Upon termination, your right to use the Service ends immediately, your unused Tokens are forfeited (except where law requires otherwise), and any sections of these Terms that by their nature should survive (including Sections 4-6, 9, 15-19) will survive.

15. Disclaimers

15.1. To the maximum extent permitted by applicable law, the Service and all content are provided "AS IS" and "AS AVAILABLE", with all faults, and we expressly disclaim all warranties, express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, security, uninterrupted or error-free operation, and any warranties arising from a course of dealing or usage of trade.

15.2. We do not warrant or guarantee any fishing outcome, catch rate, safety outcome, weather forecast accuracy, or any specific result from using the Service. Reference and forecast data may be incomplete, delayed or wrong, and you assume all risk of acting on it.

15.3. Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the disclaimers above apply to the maximum extent allowed by law and your statutory consumer rights are not affected.

16. Limitation of Liability

16.1. To the maximum extent permitted by applicable law, in no event will FishDay, its officers, directors, employees, affiliates, agents, suppliers or licensors be liable to you for any:

• indirect, incidental, special, consequential, exemplary or punitive damages;
• loss of profits, revenue, data, goodwill or business opportunities;
• personal injury, property damage or wrongful death arising from your use of the Service or any decision (including decisions about going on the water) made in reliance on the Service;
• damages resulting from third-party content (including weather data and Marketplace listings);
• damages resulting from unauthorised access to or alteration of your data, where caused by events outside our reasonable control;

whether based on warranty, contract, tort (including negligence), strict liability or any other legal theory, and whether or not we have been advised of the possibility of such damages.

16.2. Aggregate cap. Without limiting the foregoing, our total cumulative liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid to us for the Service in the three (3) months preceding the event giving rise to liability, or (b) USD 50.

16.3. The limitations and exclusions in this Section 16 do not limit liability that cannot be limited under applicable law (such as, in some jurisdictions, liability for fraud, gross negligence or wilful misconduct, or for death or personal injury caused by negligence). If any limitation is held unenforceable, the remaining limitations remain in full force.

17. Governing Law & Disputes

[LEGAL REVIEW REQUIRED — to be completed by counsel before public release.]

17.1. Informal resolution. Before bringing any formal claim, you agree to first contact us at admin@fishday.pro with a written description of your claim and to negotiate in good faith for at least 30 days.

17.2. Governing law. These Terms and any dispute arising out of or relating to them or to the Service will be governed by the laws of [jurisdiction to be confirmed by counsel], excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

17.3. Venue. Subject to mandatory consumer-protection law that grants you the right to bring proceedings in your country of residence, the courts of [venue to be confirmed by counsel] will have exclusive jurisdiction over any dispute that is not subject to arbitration.

17.4. EU consumers. Nothing in this Section 17 deprives you of the protection of mandatory provisions of the law of your country of habitual residence. EU consumers may also use the European Commission's ODR platform at https://ec.europa.eu/consumers/odr.

18. Operating Entity & Notices

[LEGAL REVIEW REQUIRED — confirm international operating entity before public release.]

The Service on fishday.pro is operated by [legal entity name & address to be confirmed]. Until confirmed, you may direct all legal notices to admin@fishday.pro. Notices sent to you will be delivered to the email address on your account or posted in-product; such notices are deemed received on the day they are sent.

19. General

19.1. Entire agreement. These Terms, together with the Privacy Policy and any in-product terms presented at the time of use, are the entire agreement between you and us regarding the Service and supersede any prior agreements.

19.2. Severability. If any provision is held unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force.

19.3. No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

19.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation or sale of assets.

19.5. Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, epidemics, war, civil unrest, strikes, internet or power outages, denial-of-service attacks, or acts of government.

19.6. No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

19.7. Language. The English-language version of these Terms is the controlling version. Translations are provided for convenience only.

20. Contact

Questions about these Terms can be sent to: