Terms of Use

1Scope and provider

These terms of use govern the use of the Holofish iOS app and the related web pages, such as the pages for sharing catches and profiles. The provider is Lenny David Enderle, Rua Padre Manuel Bernardes 16, 5 Esq., 2825-359 Costa da Caparica, Portugal (see Legal Notice). Where these terms say “we” or “us”, they mean him.

By using the app you agree to these terms. How we process your data is explained in the Privacy Policy.

2What Holofish is

Holofish is a fishing journal: you photograph your catch, the app recognises the species, estimates length and weight and turns it into an animated collectible card with a tier (from Common to Mythic, plus Record). It also includes a Dex, experience points (XP), achievements, a lexicon of about 155 European fish species and a community with a feed, followers, “Petri Heil” reactions, comments, leaderboards, records and tournaments.

We keep developing Holofish. Features may therefore change, be added or be removed, as long as this is reasonable for you. If we change features of Holofish Plus in a way that affects you more than only slightly, we will tell you in good time beforehand; your statutory rights, such as ending the contract in that case, remain unaffected.

We aim for smooth operation but cannot guarantee uninterrupted availability, for example during maintenance or outages at service providers. Species recognition, syncing and the community need an internet connection.

3Your account

The first time you open the app, it creates an anonymous account. With Sign in with Apple or your email address you can secure it and keep using it on a new iPhone. Please make sure that only you have access to your device, your Apple ID and your email inbox, and never pass on sign-in codes.

Your display name and @handle must not impersonate anyone, infringe the rights of others or break the community rules. We may change or reset names that do. Creating several accounts to get around the free limit or a suspension is not allowed.

Holofish is meant for people aged 13 and older. If you are under 16, you need your parents' consent where the law of your country requires it.

4Free use

You can use Holofish for free. The free plan lets you create 5 catches in total. The limit applies for the entire time you use the app, not per month. Invites give you extra catches (5 each): they never expire and are only used once your free catches are used up. Catches and cards you have already saved stay with you, even when the limit is reached. We may adjust the free limit for future catches; we will announce this in the app beforehand.

5Holofish Plus (subscription)

• What you get: With Holofish Plus you can create unlimited catches and use the other features described in the app before you buy.
• Purchase through Apple: Plus is an auto-renewing subscription that you buy through Apple's App Store, monthly or yearly. You see the prices in the app before you buy, including the taxes that apply in your country; they may differ between countries.
• Payment: Payment is charged to your Apple ID account when you confirm the purchase.
• Automatic renewal: The subscription renews automatically for the same period unless you cancel it at least 24 hours before the end of the current period. The renewal is charged within the last 24 hours of the current period.
• Free trial: If we offer a free trial, it automatically turns into a paid subscription unless you cancel at least 24 hours before it ends. If you buy a subscription during the trial, the unused part of the trial is forfeited.
• Cancel and manage: You manage and cancel your subscription in your Apple ID settings, on iPhone under Settings › [your name] › Subscriptions. Deleting the app or your account does not end the subscription.
• Refunds: All payments go through Apple, so refunds can only be requested from Apple, at reportaproblem.apple.com.
• Right of withdrawal: The seller in the App Store is Apple. The statutory right of withdrawal for App Store purchases is governed by Apple's terms and is exercised with Apple, also via reportaproblem.apple.com.
• Price changes: Apple informs you about price increases in advance and asks for your consent where required.
• When Plus ends: Your existing catches and cards remain. You can then create new catches within the free plan again.
• Restore purchases: On a new device or after reinstalling, restore Plus under Settings › Holofish Plus › Restore purchases.

6Tiers, XP and achievements

You earn tiers, XP, achievements and records with real catches. They can never be bought, not even with Plus. They have no monetary value and cannot be transferred, traded or paid out. We may recalculate or correct them if they are based on errors or manipulation, and adjust the game rules to keep things fair.

7Your content

Photos, texts and other content you upload to Holofish remain yours. So that we can run the app, you grant us a non-exclusive, worldwide, royalty-free licence to store and process your content (for example for species recognition and to create cut-outs, sprites, cards and share images) and to display it according to your visibility settings. This licence applies only to operating Holofish. We may use technical service providers for this, but we do not sell your content or use it for advertising.

The licence ends when you delete the content or your account. Excepted are copies that others have already spread outside Holofish and that we have no control over, and data we must keep for legal reasons.

Only upload content you have the necessary rights to. If other people can be recognised, you need their consent. We may remove content that breaks these terms or the law.

8Community rules

Holofish works when everyone feels welcome. So:

• Be respectful: Stay friendly, even when you disagree. No insults, harassment, threats, hate or discrimination.
• No objectionable content: nothing sexual, no depictions of violence and no animal cruelty.
• No spam: no advertising, no chain messages and no links to dubious offers.
• Only your own photos: Only upload photos you took yourself or are allowed to use.
• Keep it honest: no faked catches, no manipulated measurements or photos and no cheated records.
• Follow fishing law: Stick to the local rules, including fishing licences and permits, closed seasons, minimum sizes and catch bans. Release protected species immediately and gently.
• Privacy: Do not share other people's private data, such as addresses, phone numbers or photos of people without their consent.

9Estimates and fishing rules without guarantee

Species recognition, lengths, weights and tiers, as well as the information in the lexicon, for example on closed seasons, minimum sizes or protection status, are estimates and general information without guarantee. They can be wrong, incomplete or out of date, and the rules differ by country, region and water. You are responsible for complying with fishing regulations; if in doubt, ask the competent authority or your club. Notes on venomous or dangerous species are no substitute for medical help.

10What is not allowed

Please use Holofish only as intended. In particular, it is not allowed to read out or overload the app or the server by automated means, to get around security and verification mechanisms such as App Attest or limits, to modify the app to fake catches or records, or to use other people's accounts. Anything the law expressly allows you to do remains unaffected.

11Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health and where mandatory statutory provisions, for example on product liability, provide for liability.

In case of slight negligence, we are only liable if we breach an essential obligation, meaning an obligation whose fulfilment makes the proper use of Holofish possible in the first place and on whose fulfilment you may regularly rely. In that case, liability is limited to the foreseeable damage typical for this kind of contract.

We back up the data regularly. In case of slight negligence, our liability for data loss is limited to the effort needed to restore the data from an adequate, regular backup. You can also make your own copy of your data at any time with the export in the app.

Your statutory rights in case of defects in the app (warranty for digital content and services) remain unaffected. These limitations also apply to people we engage for Holofish.

12Apple

These terms apply between you and us, not between you and Apple. Apple's Standard Licensed Application End User License Agreement (EULA) applies in addition. Apple is not responsible for Holofish or its content, including maintenance, support or any claims relating to the app. We are your point of contact for these.

13Termination and suspension

You can stop using Holofish at any time and delete your account in the app under Settings › Data › Delete account. Your data is then deleted as described in the Privacy Policy. Cancel a running Plus subscription separately in your Apple ID settings.

We may remove content and suspend your account temporarily or permanently if you seriously or repeatedly break these terms, the community rules or the law, for example by faking catches or harassing others. For less serious breaches we will usually warn you first. Where possible, we tell you why we took action. You can object by email and we will then review the decision again.

We may discontinue Holofish as a whole with reasonable notice. You can then export your data beforehand; your statutory rights remain unaffected.

14Changes to these terms

We may change these terms if there is a valid reason, such as new features, changes in the law or case law, or to prevent abuse. We will announce changes in the app in good time beforehand. If you do not agree, you can stop using Holofish, delete your account and cancel a Plus subscription at the end of the current period. Changes affecting prices or the core of Holofish Plus only apply with your consent.

15Governing law and dispute resolution

Portuguese law applies. If you are a consumer, the protection of the mandatory consumer protection provisions of the country where you habitually reside remains unaffected, and you can also bring proceedings there.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. If something is not right, just write to us; most of the time we can find a solution together.

If any provision of these terms is invalid, the remaining provisions remain valid.

16Contact

Answers to common questions are on the Help and Contact page.