Gillscan Terms of Service & End User License Agreement

1. Acceptance of These Terms

By tapping “I Agree” during onboarding, or by downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the App and delete it from your device.

Gillscan is used anonymously. We do not require you to create an account, log in, or provide an email address to use the App.

2. What Gillscan Does

Gillscan helps you (a) identify fish species from a photo using artificial intelligence, and (b) look up advisory fishing-regulation information (such as size, bag, and season guidance) based on your location and date. Gillscan is an informational tool only. It is not a substitute for official identification, professional advice, or the current rules published by the relevant fish-and-wildlife or fisheries authority.

3. Fishing Regulations — Informational Only, Not Legal Advice

The fishing-regulation information Gillscan provides — including legality, size limits, bag limits, seasons, and any “keep” or “release” verdict — is advisory and provided for general informational purposes only. It may be incomplete, outdated, inaccurate, or wrong, and it is not legal advice. Using Gillscan creates no professional, advisory, or fiduciary relationship.

YOU ASSUME ALL RISK AND ARE SOLELY RESPONSIBLE for independently confirming current, applicable regulations with the official fish-and-wildlife, fisheries, or other governing authority for your location before keeping, retaining, harvesting, transporting, or otherwise acting on any catch.

Fish-species identification in Gillscan is generated by artificial intelligence and may be incorrect. It is not a substitute for expert or official identification. Regulations change frequently and vary by jurisdiction, water body, species, and season; Gillscan cannot guarantee that any information shown reflects the rules in force at your location and time.

A misidentified species may produce inapplicable or incorrect regulation guidance: if the App labels your catch as the wrong species, the resulting size, bag, season, and keep/release guidance may be wrong even when the underlying regulation data is correct. You must independently confirm both the species and the applicable rules before acting.

To the maximum extent permitted by law, the Developer is not liable for any fines, penalties, citations, prosecution, license suspension, confiscation of catch or equipment, or any other loss, damage, or consequence arising from your reliance on Gillscan’s output. The decision to keep or release any catch is yours alone.

Because this disclaimer is central to your use of Gillscan, you are asked to acknowledge it affirmatively during onboarding by a separate tap or checkbox confirming that you understand fishing-regulation information is advisory only and that you are responsible for confirming official rules. A short form of this disclaimer is also shown in the App at the point a regulation result is displayed, and must be acknowledged the first time a result is shown. That in-app notice, the onboarding acknowledgment, and this Section are intended to operate together.

4. License to Use the App

Subject to your compliance with these Terms, the Developer grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use one copy of the App for your personal, non-commercial use on an Apple- or Android-branded device that you own or control, as permitted by the usage rules of the applicable app store. Where the App is downloaded through the Apple App Store, this license is also subject to the Usage Rules in the Apple Media Services Terms and Conditions, including any permitted Family Sharing or volume-purchase use.

All rights not expressly granted to you are reserved by the Developer. This license does not transfer any ownership interest in the App to you.

5. App Store Terms (Apple & Google)

• Agreement is with the Developer, not the store. These Terms are between you and the Developer only, and not with Apple Inc. or Google LLC. The Developer—not Apple or Google—is solely responsible for the App and its content.
• Maintenance and support. The Developer is solely responsible for any maintenance and support for the App. Apple and Google have no obligation to furnish any maintenance or support services.
• Warranty. To the maximum extent permitted by law, Apple and Google have no warranty obligation for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
• Product and other claims. The Developer, not Apple or Google, is responsible for addressing any claims relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, claims under consumer-protection or privacy law, and any claim that the App infringes a third party’s intellectual property rights.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party terms. You must comply with all applicable third-party terms when using the App, including the Apple Media Services Terms and Conditions and the Google Play Terms of Service.
• Third-party beneficiary. Apple and its subsidiaries (and, where applicable, Google and its affiliates) are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you as a third-party beneficiary.
• Contact. For questions, complaints, or claims regarding the App, contact the Developer at legal@gillscan.com.

6. Subscriptions, Auto-Renewal & Billing

Gillscan offers a free tier and an optional paid subscription:

• Free: up to 5 fishing-regulation compliance checks per calendar month.
• Premium: unlimited fishing-regulation compliance checks for the duration of an active subscription.

Auto-renewal. Premium is an auto-renewable subscription. The subscription title, length, and price (and price per unit, where applicable) are disclosed to you on the purchase screen before you buy. Your subscription renews automatically for the same period at the then-current price unless you cancel it at least 24 hours before the end of the current period. Your store account is charged for renewal within 24 hours before the end of the current period.

Managing and cancelling. Purchases, renewals, and cancellations are managed by the applicable app store—not by the Developer. You can manage or cancel your subscription at any time in your Apple ID account settings (iOS) or your Google Play account settings (Android). Cancellation takes effect at the end of the current billing period; deleting the App does not cancel a subscription.

Free trials. If a free trial is offered and you purchase a matching subscription before it ends, any unused portion of the free trial is forfeited.

Payments, refunds & subscription management. All payments are processed by Apple or Google through their respective billing systems; the Developer does not collect or process your payment information. Subscription entitlements are managed using RevenueCat as a third-party software development kit. Refunds, if any, are governed by the policies of the applicable app store, and you must request them directly from Apple or Google. The Developer generally cannot issue refunds for store-processed purchases.

Price and plan changes. We may change subscription pricing, features, or tiers. Where required, you will be notified and given the opportunity to consent or cancel before a price increase takes effect, in accordance with the applicable app store’s rules.

7. Acceptable Use

You agree that you will not, and will not attempt to:

• copy, modify, translate, or create derivative works of the App;
• reverse engineer, decompile, or disassemble the App, except to the extent that applicable law expressly permits despite this limitation;
• access, abuse, overload, disrupt, or attempt to gain unauthorized access to the App’s backend, application programming interfaces, or supporting infrastructure;
• use bots, scrapers, or other automated means to access, query, or extract data from the App;
• use the App for any unlawful purpose, or to facilitate any unlawful fishing, harvesting, or wildlife activity;
• remove, obscure, or alter any proprietary notices, or use the App in a way that infringes the rights of others.

You are responsible for ensuring that your own use of the App, and any reliance on its output, complies with all laws and regulations that apply to you.

8. Intellectual Property

The App, including its software, design, text, graphics, logos, and the “Gillscan” name and branding, is owned by the Developer or its licensors and is protected by intellectual property laws. Except for the limited license granted in Section 4, these Terms do not grant you any rights in the App or its content.

Your content. You retain all rights to the photos you capture or select. You grant the Developer a limited, worldwide, royalty-free license to process those photos solely as needed to provide species identification—namely, to transmit them to our backend and to the third-party vision-AI provider used for identification—as described in Section 9 and in our Privacy Policy. We do not claim ownership of your photos and do not retain them long-term.

9. Privacy & Data Handling

Our handling of data is described fully in our Privacy Policy. In summary, and grounded in how the App actually operates:

• Camera and photo library. With your permission, you take or select a fish photo. The photo is sent to our backend (a Cloudflare Worker) and forwarded to a third-party vision-AI provider (such as Anthropic or OpenAI) to identify the species. Photos are processed transiently for identification and are not stored long-term by the Developer.
• Location and date. Your GPS coordinates and the date are sent transiently to determine local fishing-regulation guidance. They are used for that check and not retained long-term by the Developer.
• On-device storage. Catch history (species, verdict, length, region, date with no photos), subscription status, your monthly free-check count, units preference, and your onboarding status are stored locally on your device only and are not uploaded.
• Your control. The Settings screen includes a “Delete my data” action that clears the locally stored data described above.
• No accounts or analytics. We do not require accounts, do not collect your email, and do not currently use third-party analytics.

Depending on your location, you may have rights under the EU/UK General Data Protection Regulation (GDPR) or the California Consumer Privacy Act as amended by the CPRA (CCPA/CPRA). Those rights and our legal bases are described in the Privacy Policy.

10. Disclaimer of Warranties

The App is provided “as is,” “as available,” and “with all faults,” without warranty of any kind. To the maximum extent permitted by applicable law, the Developer disclaims all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, title, and non-infringement.

The Developer does not warrant that species identification or any fishing-regulation information is accurate, current, complete, or reliable, or that the App will be uninterrupted, secure, or error-free. No advice or information, whether oral or written, obtained from the App creates any warranty not expressly stated in these Terms.

Where the App is obtained through the Apple App Store, in the event of any failure of the App to conform to any applicable warranty, your sole remedy through Apple is the refund described in Section 5.

Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

To the maximum extent permitted by applicable law, the Developer will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the App.

This expressly includes any fines, penalties, citations, prosecution costs, license suspension, confiscation of catch or equipment, legal fees, or other losses arising from keeping, retaining, or harvesting any catch, or from any reliance on the App’s species identification or fishing-regulation output, including where a misidentified species leads to incorrect keep/release, size, bag, or season guidance.

To the maximum extent permitted by law, the Developer’s total aggregate liability for all claims arising out of or related to the App or these Terms will not exceed the greater of (a) the total amount you paid to the applicable app store for the App in the twelve (12) months before the event giving rise to the claim, or (b) fifty U.S. dollars (USD $50).

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, gross negligence or willful misconduct, death or personal injury caused by negligence, or any statutory consumer rights that cannot be waived. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Developer from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your misuse of the App, your violation of these Terms or any law, your reliance on the App’s output contrary to official rules, or your keeping or handling of any catch.

13. Children

Gillscan is not directed to children. You must be at least 13 years old (or at least 16 in the European Union and other jurisdictions where 16 is the minimum age) to use the App. By tapping “I Agree” during onboarding, you affirm that you meet the applicable minimum age. We do not knowingly collect personal information from children below the applicable age. If you are below that age, do not use the App.

14. Termination

These Terms remain in effect while you use the App. We may suspend or terminate your license immediately if you breach these Terms or use the App unlawfully. You may end this agreement at any time by ceasing to use the App and deleting it from your device. Sections that by their nature should survive termination—including the disclaimers, limitation of liability, indemnification, intellectual-property, and governing-law provisions—will survive.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the Effective Date above and post the updated Terms at gillscan.com/terms, and we may provide notice within the App. Material changes may require you to accept the updated Terms. Your continued use of the App after the updated Terms take effect constitutes your acceptance of them.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware and the federal laws of the United States applicable therein, without regard to conflict-of-laws principles. Subject to any mandatory consumer-protection laws of your country of residence, you agree that any dispute arising out of or related to these Terms or the App will be resolved in the state or federal courts located in Delaware, and you consent to their jurisdiction and venue. Nothing in this Section deprives you of the protection of mandatory provisions of the law of the country in which you reside. Any dispute relating to a purchase made through an app store may also be subject to that store’s terms.

17. General

• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• Entire agreement. These Terms, together with the Privacy Policy and any applicable app-store terms, constitute the entire agreement between you and the Developer regarding the App and supersede any prior agreements.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

18. Contact

For questions, complaints, or legal notices regarding the App or these Terms, contact the Developer at:

Email: legal@gillscan.com
Web: gillscan.com