Terms of Service and Sale

Version 1.0 — Effective as of May 15, 2026

Preamble

These Terms of Service and Sale (“Terms” or “Agreement”) govern access to and use of the FishMan mobile application (the “Application”), published by Individual entrepreneur Hugo Frederic Mourlan (the “Publisher”, “we”), and the subscription to its paid services.

Any use of the Application constitutes full and unreserved acceptance of these Terms. If you do not agree with all or part of these Terms, you must refrain from downloading, installing, or using the Application.

Article 1 — Definitions

Application: the FishMan mobile application available on the Apple App Store and Google Play Store, together with its future versions, updates, and variants.
User: any individual, of legal age or a duly authorized minor, using the Application, whether for free or via a subscription.
Account: the personal space created by the User to access the Application’s features.
User Content: any content posted by the User in the Application (photographs, comments, catches, spots, profiles, etc.).
Pro: the FishMan Pro paid subscription granting access to the extended features.
Stores: the Apple App Store (Apple Distribution International Ltd.) and the Google Play Store (Google LLC).
Spot: a geographic fishing location shared in the Application.
AI: the artificial intelligence features integrated into the Application (AI Scan, AI Coach), based on the Google Gemini service.

Article 2 — Publisher Identification

The Application is published by an Individual Entrepreneur under Georgian law (individual entrepreneur registered as a natural person), benefiting from the Small Business Status under the Georgian Tax Code.

Publisher’s name: Individual entrepreneur Hugo Frederic Mourlan
Legal status: Individual Entrepreneur — Georgian Civil Code — Small Business Status
Registered business address: Nino and Ilia Nakashidze Street N1, Apartment 3, Building 3, Krtsanisi, Tbilisi, Georgia, 0105
Personal identification / registration number: 304808992
Publication director: Hugo Mourlan
Contact email: contact@fishman-app.com
Website: https://fishman-app.com

Article 3 — Purpose

These Terms set out:

The conditions of access to and use of the Application,
The conditions of subscription, use, and termination of the FishMan Pro subscription,
The respective rights and obligations of the Publisher and the User.

The Application offers digital tools for amateur anglers: catch log, community map of fishing spots, AI-powered species identification, AI coaching, fishing weather forecasts, gamification (XP, levels, trophies), and social features.

Article 4 — Acceptance of the Terms

Acceptance of these Terms is established by:

Express acceptance when creating an Account (checkbox), and
Effective use of the Application.

The applicable Terms are those in effect at the time of use of the Application. The User acknowledges having read and accepted these Terms without reservation prior to any use.

Article 5 — Access to the Application and Account Creation

5.1 Access conditions

The Application is available:

On iOS phones and tablets via the Apple App Store,
On Android phones and tablets via the Google Play Store.

The User must have a compatible device and an Internet connection to enjoy the full set of features. Some features may require prior authorization for geolocation, camera, and notifications, which can be revoked at any time through the device settings.

5.2 Account creation

Creating an Account requires the provision of accurate and up-to-date information. The User undertakes to:

Provide truthful information,
Maintain the confidentiality of their credentials,
Promptly inform the Publisher of any unauthorized use of the Account.

5.3 Minimum age

The User declares being at least:

16 years old in the European Economic Area,
13 years old in the United States (COPPA),
the minimum legal age for digital consent applicable in their country of residence.

Any minor User must have obtained the prior authorization of their legal representative.

5.4 Account uniqueness

Each User may create only one Account. Creating multiple accounts or fake accounts is prohibited and may result in immediate suspension without notice.

Article 6 — Description of Services

6.1 Free version

The Application is available for free with the following limitations:

3 AI fish scans per day, with a 3-hour cooldown between uses,
3 AI Coach questions per day, with a 3-hour cooldown,
1 weather lookup per spot per day,
Display of advertising banners.

Other features (catch log, spot map, species catalog, gamification, social features) are available without limit.

6.2 FishMan Pro

The FishMan Pro subscription grants access to:

Unlimited AI Scan, AI Coach, and weather lookups,
Complete removal of advertising banners,
Priority support,
The exclusive “Supporter” trophy.

Article 7 — In-App Purchases and Subscriptions

7.1 Role of Apple and Google

In-app purchases are processed exclusively through the Apple App Store or the Google Play Store. In accordance with Apple’s and Google’s terms, Apple and Google act as agents of the Publisher for the marketing and collection of payment for the Pro subscription.

The Publisher remains the seller of the Pro service and the sole party responsible, vis-à-vis the User, for the Pro features provided, except for matters strictly related to the transaction (billing, payment method, refund requests), which fall within the scope of the Stores and their own terms.

7.2 Pricing

The pricing in effect is:

FishMan Pro weekly: €4.99 (incl. VAT) per week,
FishMan Pro monthly: €7.99 (incl. VAT) per month,
FishMan Pro annual: €49.99 (incl. VAT) per year, with a 3-day free trial offered to new subscribers.

Prices may vary by country, depending on local taxes and the pricing policies of the Stores. The exact applicable price is displayed in the Application before purchase confirmation.

7.2.1 Free Trial Period (Annual Subscription)

The annual subscription includes a 3-day free trial, reserved for new subscribers and limited to one trial per User and per Store account (Apple ID or Google Account).

At the end of this trial period, unless the User cancels at least 24 hours before the end of the trial, the subscription is automatically converted into a paid subscription at the annual rate then in effect (€49.99 incl. VAT), charged to the payment method associated with the relevant Store account.

The cancellation procedures during the trial period are identical to those applicable to an active subscription (see Article 7.5).

7.3 Payment terms

Payment is made through the User’s Apple ID or Google Account, using the payment methods accepted by the relevant Store. The Publisher does not collect or store any banking data (card number, CVV, etc.).

7.4 Automatic renewal

The Pro subscription renews automatically. Unless renewal is disabled by the User at least 24 hours before the end of the current period, the subscription is renewed for an identical period at the price then in effect.

The User is informed of the upcoming renewal in accordance with applicable obligations.

7.5 Cancellation

The User may cancel their subscription at any time:

On iOS: Settings > [Apple ID] > Subscriptions > FishMan Pro,
On Android: Google Play Store > Menu > Subscriptions > FishMan.

Cancellation takes effect at the end of the current billing period. No pro-rata refund is owed by the Publisher; refunds, if any, are governed by the policy of the relevant Store.

7.6 Price changes

The Publisher reserves the right to modify its prices at any time. Any price increase will be notified to the User at least 30 days before it takes effect. The User retains the right to cancel their subscription before the new price applies.

Article 8 — Right of Withdrawal

In accordance with applicable provisions — in particular Article L.221-28 13° of the French Consumer Code for Users residing in France and equivalent provisions across the European Union — the User expressly acknowledges that:

The Application and the Pro service constitute digital content supplied on an intangible medium whose performance begins immediately upon the User’s express acceptance,
The User expressly waives their right of withdrawal as soon as the Application is downloaded or the Pro subscription is purchased.

For Users residing outside the EU, equivalent or more favorable provisions may apply under the local mandatory law.

Article 9 — Use of the Application

9.1 General obligations

The User undertakes to use the Application:

In accordance with these Terms,
In compliance with applicable laws and regulations, particularly regarding fishing, environmental protection, and image rights,
Fairly, without infringing the rights of third parties,
Without attempting to circumvent technical protection measures, quota limits, or identity checks.

9.2 Prohibited content and behavior

The following are strictly prohibited (non-exhaustive list):

Posting illicit, violent, pornographic, racist, sexist, homophobic, defamatory, harassing content, or content infringing on human dignity,
Promoting illegal practices, poaching, or the catching of protected species,
Posting images of minors without their legal representatives’ consent,
Identity theft,
Spam, unsolicited commercial solicitation, scraping, automated attacks, the use of bots,
Using the Application for commercial purposes without the Publisher’s prior written agreement,
Disseminating false information about the conditions of a spot, a species, or applicable regulations.

9.3 Photographs and User Content

The User warrants, for each piece of Content posted:

Being the author or holder of all rights necessary for publication,
Having obtained the explicit, written, prior consent of any persons identifiable in the photographs,
Having obtained, where applicable, the authorization of the owners of the locations photographed,
Not infringing any intellectual property right, image right, privacy right, moral right, trade secret, or related right of any third party,
Not posting images of any minor without express, written authorization from their legal representatives.

The User remains fully, solely, and irrevocably responsible for the Content they post. The Publisher reserves the right to remove, without notice, justification, or compensation, any Content reported or deemed non-compliant with these Terms or applicable regulations.

9.4 Geolocation

Some features of the Application rely on the User’s geolocation (spot map, local weather, geo-tagged catches, proximity notifications, contextual recommendations).

The User may authorize or refuse geolocation at any time through the device settings (iOS: Settings > Privacy > Location Services; Android: Settings > Location).

The User acknowledges that:

The accuracy of geolocation depends on their device and environment (open sky, GPS signal, Wi-Fi, etc.),
They are solely responsible for the geolocation data they choose to share publicly in the Application,
They have technical options at any time to mark a spot or catch as private, or modify the precision displayed publicly.

9.5 Fishing spots

Spots shared by Users are visible to the community unless marked as private. The User undertakes not to share:

Spots located on private property without the owners’ authorization,
Spots whose disclosure would breach local regulations (protected zones, national parks, reserves, etc.),
Spots subject to specific legal protection.

The Publisher cannot be held liable for the consequences of a User visiting a spot based on community-shared information. Verifying the lawfulness of a spot is the sole responsibility of the User who visits it.

9.6 Reactions, comments, follows

The User undertakes to use the social features (comments, reactions, follows) in a respectful and benevolent manner. Any report by another User will be reviewed by the Publisher, which reserves the right to moderate or remove an Account in case of breach.

9.7 Indemnification by the User

The User undertakes to defend, indemnify, and hold the Publisher harmless (including its providers, subcontractors, successors, and representatives) against any claim, action, complaint, judgment, damages, administrative fine, costs (including reasonable attorneys’ fees and procedural costs) arising directly or indirectly from:

Content posted by the User in breach of these Terms or any applicable law,
Any infringement by the User of third-party rights (copyright, image rights, privacy, trademarks, etc.),
Any breach by the User of fishing regulations, environmental protection, or species protection laws,
Any fraudulent, abusive, or non-compliant use of the Application,
Any false declarations or inaccurate information provided to the Publisher or the community.

The Publisher will inform the User within a reasonable time of any claim likely to trigger this indemnification. The User authorizes the Publisher, at its sole discretion, to assume the defense or to settle amicably, with the User remaining liable for all costs and financial consequences.

This indemnification obligation survives the termination of the Account or these Terms.

Article 10 — License Granted by the User on Their Content

By posting Content on the Application, the User grants the Publisher a non-exclusive, free, worldwide license, for the legal duration of copyright protection, covering this Content and including the following rights:

Reproduction, representation, adaptation, translation of the Content,
Distribution on the Application, the fishman-app.com website, and the Publisher’s communication media (social media, press, promotional print and digital materials),
Indexing, technical caching, archiving,
Use for the purposes of training and improving machine learning models proprietary to the Application (for example, improving the AI Scan species identification algorithm), after pseudonymization where technically feasible.

This license is granted solely for the purposes of operating and promoting the Application. The Publisher undertakes to credit the User’s pseudonym when the Content is publicly distributed for promotional purposes, unless the User requests otherwise.

The User may withdraw their Content at any time from the Application, which terminates the license for future uses without affecting prior lawful uses (e.g., already distributed campaigns).

Article 11 — Artificial Intelligence (AI Scan and AI Coach)

The Application integrates artificial intelligence features:

AI Scan: automated identification of fish species from a photograph,
AI Coach: conversational assistant for fishing-related questions.

These features rely on Google Gemini, provided by Google Ireland Ltd.

11.1 Transparency (EU AI Act and equivalent obligations)

In accordance with Regulation (EU) 2024/1689 (the “AI Act”), and in particular its transparency requirements applicable to limited-risk AI systems, the Publisher expressly informs the User that they are interacting with a generative artificial intelligence system when using the AI Scan or AI Coach. Any output produced by the AI is labeled as such in the interface.

11.2 Indicative nature of results

The User expressly acknowledges that:

The results provided by the AI are strictly indicative and cannot replace the expertise of a professional angler, biologist, fishing officer, or applicable regulations,
AI Scan species identification is not guaranteed to be accurate; in case of doubt, particularly for protected or regulated species, the User must release the fish and/or consult an official source,
The AI Coach’s advice has no value as professional, legal, sanitary, veterinary, or regulatory opinion.

The Publisher disclaims all responsibility for the direct or indirect consequences of decisions taken by the User on the basis of AI results.

11.3 Prohibition of Use for Training Third-Party Models

It is strictly prohibited for the User, as well as any third party:

To use the outputs of the Application (AI Scan results, AI Coach responses, species data, catalog entries) to train, fine-tune, distill, evaluate, or improve any third-party machine learning model, whether proprietary or open source,
To engage in scraping, automated mass extraction, harvesting, or systematic collection of Content from the Application,
To perform any operation of reverse engineering, model distillation, or prompt extraction aimed at reproducing or approximating the AI features of the Application.

Any breach of this prohibition is liable to engage the civil and criminal liability of its author, and entitles the Publisher to immediately terminate the Account concerned, withhold any associated data, and seek full compensation for the harm suffered.

Article 12 — Cartographic and Open Data

The Application uses cartographic data provided by OpenStreetMap (under the ODbL — Open Database License) and MapTiler AG. The Publisher does not guarantee the accuracy, completeness, or uninterrupted availability of this data. Any inaccuracy, error, or omission in the cartography engages the responsibility of the relevant data provider, not that of the Publisher.

The User undertakes to comply with the ODbL license terms for any reuse of cartographic data.

Article 13 — Fishing Regulations

The Application is a playful, community-based, and educational tool. It does not constitute a fishing license, an official guide to applicable regulations, or a substitute for the legal obligations imposed on the angler.

The User acknowledges and agrees that they are personally responsible for:

Holding all permits, licenses, and authorizations required in their country, region, or municipality,
Complying with open seasons, minimum catch sizes, daily quotas, protected or prohibited species,
Knowing and complying with the local regulations applicable to where they fish, including specific regulations for Natura 2000 zones, national parks, reserves, and private properties,
Practicing fishing in respect of animal welfare and responsible fishing principles.

The Publisher cannot under any circumstances be held liable for an infringement committed by a User or its consequences (fines, prosecution, equipment confiscation, etc.).

Article 14 — Advertising

The free version of the Application displays advertising banners provided by Google AdMob. Advertising is delivered according to the User’s privacy settings:

On iOS: in accordance with the App Tracking Transparency (ATT) prompt,
On Android and within the European Economic Area: in accordance with the GDPR consent collected at first launch,
In other jurisdictions: in accordance with applicable settings.

The User may:

Subscribe to FishMan Pro to remove all advertising,
Limit advertising tracking at the operating system level (iOS: Settings > Privacy > Tracking; Android: Settings > Ads).

Article 15 — Intellectual Property

15.1 Publisher’s rights

The Application, its source code, design, databases, texts, illustrations, trademark (“FishMan”), logo, and all of its elements are the exclusive property of the Publisher or its licensors and are protected by applicable intellectual property laws, including copyright, trademark law, database right, and design rights.

Any reproduction, representation, modification, translation, adaptation, publication, or full or partial exploitation of the Application without the prior written authorization of the Publisher is prohibited and may give rise to civil and criminal proceedings.

15.2 License granted to the User

The Publisher grants the User a personal, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to use the Application, strictly for personal and non-commercial purposes, in accordance with its intended use.

The User shall not, without limitation:

Decompile, disassemble, or reverse-engineer the Application, except within the limits authorized by mandatory law,
Copy, modify, distribute, rent, lend, or commercialize all or part of the Application,
Extract or reuse a substantial part of the Application’s data for purposes of reconstituting a competing database,
Use any data, output, content, species database, or results produced by the Application to train, evaluate, fine-tune, or improve any third-party artificial intelligence system,
Deploy bots, scrapers, crawlers, or any automated system for mass access to the Application,
Circumvent technical mechanisms for quotas, moderation, authentication, or security,
Use the Application via multiple or fraudulent accounts, or via technical means designed to manipulate gamification features (XP, trophies, levels).

Article 16 — Liability

16.1 Service availability

The Publisher endeavors to ensure the availability of the Application 24/7. However, the Application is provided “as is” and “as available”, and the Publisher cannot guarantee absolute availability or the absence of bugs, errors, interruptions, or malfunctions. Interruptions may occur for scheduled maintenance, updates, force majeure events, or failures of third-party providers (Apple, Google, Firebase, RevenueCat, MapTiler, AdMob, etc.).

16.2 Extended Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Publisher expressly disclaims all warranties, whether express or implied, concerning the Application, including, without limitation:

Any warranty of merchantability,
Any warranty of fitness for a particular purpose,
Any warranty of accuracy, completeness, reliability, or timeliness of the information disseminated,
Any warranty of non-infringement of third-party rights,
Any warranty of continuity, absolute security, or conformity with the User’s expectations.

16.3 Limitation of liability

To the fullest extent permitted by applicable law, the Publisher cannot be held liable for:

Indirect or consequential losses, damages, or harm (loss of data, loss of opportunity, loss of chance, loss of profit, loss of revenue, reputational harm, moral damages, image damage),
Consequences arising from non-compliant use of the Application,
Content posted by Users,
Errors, inaccuracies, hallucinations, biases, or failures of the AI, cartography, weather, or any other feature relying on third-party data or services,
Decisions made by the User based on information from the Application,
Incidents (drowning, injury, accident, assault, fall, hypothermia, intoxication, animal attack, traffic accident, etc.) occurring during a fishing trip or in connection with visiting a spot,
Conflicts or disputes between Users,
Failures of the Internet network, the Stores, or third-party providers,
Suspensions, closures, slowdowns, or modifications of third-party services (Firebase, Google Gemini, RevenueCat, MapTiler, AdMob, Apple, Google),
The User’s non-compliance with applicable regulations, including local fishing regulations,
Fines, judgments, or damages assessed against the User as a result of their use of the Application.

16.4 Liability cap

To the fullest extent permitted by applicable law, the Publisher’s aggregate liability, all damages and causes combined, shall not exceed the lower of:

(i) the total amount paid by the User for the Pro subscription during the six (6) months preceding the event giving rise to the damage, or
(ii) the lump sum of fifty euros (€50).

For Users who have never subscribed to a paid subscription, the cap is limited to the lump sum of fifty euros (€50).

16.5 Contractual statute of limitations

Subject to mandatory legal provisions more favorable to consumers, any liability action against the Publisher must be brought within one (1) year from the date on which the User became aware or should have become aware of the event giving rise to their claim.

16.6 Limits to the limitation

No provision of these Terms can limit the Publisher’s liability in case of gross negligence, willful misconduct, fraud, or where limitation is prohibited by applicable mandatory law, particularly in case of harm to the User’s life or physical integrity.

Article 17 — Account Suspension and Termination

17.1 By the User

The User may delete their Account at any time:

From the Application: Settings > Account > Delete my account,
By email: contact@fishman-app.com.

Deletion results in the permanent removal of the Account and associated Content, subject to legal retention obligations and technical backups (see Privacy Policy).

Account deletion does not automatically terminate a Pro subscription purchased through the Stores: the User must also cancel the subscription directly with the relevant Store.

17.2 By the Publisher

The Publisher may suspend or terminate an Account, without notice or compensation, in case of:

Breach of these Terms,
Abusive, fraudulent, illicit behavior, or behavior contrary to the purpose of the Application,
Use that harms the security, integrity, or reputation of the Application or its Users,
Non-payment of the Pro subscription.

In case of termination for User fault, no refund shall be due.

Article 18 — Hosting Status and Reporting Procedure

18.1 Legal Qualification of the Publisher

The Publisher acts in the capacity of a hosting provider within the meaning of:

Regulation (EU) 2022/2065 known as the “Digital Services Act (DSA)” for Users residing in the European Union,
Article 6-I of the French Law No. 2004-575 of June 21, 2004 (LCEN) for Users residing in France,
Section 230 of the U.S. Communications Decency Act (47 U.S.C. § 230) for Users residing in the United States,
Equivalent provisions applicable in other relevant jurisdictions.

In this capacity, the Publisher does not exercise any prior editorial control over User Content and cannot be held liable for such Content unless it has been notified of its manifestly illegal nature and has not, upon such notification, acted promptly to remove it or block access to it.

18.2 Notification Procedure (Notice and Action)

Any person wishing to report manifestly illegal Content may send a notification to contact@fishman-app.com, mandatorily including the following elements:

The date of notification,
The identity of the notifier (last name, first name, profession, domicile, nationality, date and place of birth for natural persons; corporate name, registered office, and legal representative for legal entities),
The notifier’s email address,
A precise description of the disputed Content and the URL or any identifier allowing it to be located in the Application,
The precise grounds on which the Content should be removed, including the legal basis or rights invoked,
A copy of the correspondence sent to the author of the Content asking them to remove or modify their Content, or justification of the impossibility of contacting them,
A sworn declaration that the information provided is accurate.

In the absence of any of these elements, the notification will not be considered validly formed and the Publisher cannot be held to any obligation to act.

18.3 Sanctions for Abusive Reports

In accordance with Article 6-I.4 of the LCEN, any false, abusive, or manifestly unjustified notification is liable to engage the civil and criminal liability of its author, who exposes themselves to penalties of up to one year of imprisonment and €15,000 fine.

18.4 Internal Complaint Mechanism (DSA)

In accordance with Articles 20 and 21 of the DSA, a User whose Content has been removed or whose Account has been suspended may file an internal, free complaint by writing to contact@fishman-app.com. The Publisher undertakes to examine the complaint within a reasonable time (and no later than 6 months after the contested decision) and to provide a reasoned response.

18.5 Cooperation with Authorities

The Publisher reserves the right, in strict compliance with applicable law, to communicate to the competent judicial or administrative authorities any information or Content upon legal requisition, in particular in the context of fighting illegal content, fraud, terrorism, or harm to minors.

Article 19 — Personal Data

The processing of personal data within the framework of the Application and the fishman-app.com website is governed by the Privacy Policy, available at https://fishman-app.com/legal/privacy, which forms an integral part of these Terms.

The User acknowledges having read the Privacy Policy and the information regarding the processing of their data.

Article 20 — Modifications to the Terms

The Publisher reserves the right to modify these Terms at any time to reflect technical, legal, or commercial developments.

Any substantial modification will be notified to the User:

By email sent to the address associated with the Account, and/or
By in-app notification,

at least 30 days before it takes effect.

Use of the Application after this date constitutes acceptance of the new Terms. Otherwise, the User may terminate their Account free of charge before the new conditions take effect.

Article 21 — Force Majeure

The Publisher’s liability shall not be incurred in case of force majeure, as defined by applicable law and case law. The following are considered force majeure events or events assimilated to force majeure, without limitation:

Widespread Internet outages, failures of telecommunications operators,
Failure, suspension, slowdown, or modification of Store services (Apple App Store, Google Play),
Failure, suspension, API removal, or unilateral modification of conditions by any third-party provider (Firebase, Google Gemini, RevenueCat, MapTiler, AdMob, OpenStreetMap, etc.),
Decisions by Stores to remove, suspend, or modify the Application, or to modify the technical, economic, or legal conditions applicable to developers,
Natural disasters, exceptional weather events, fires, floods, earthquakes,
Armed conflicts, acts of war, civil unrest, attacks, terrorist acts,
International sanctions, commercial or financial embargoes, export restrictions targeting Georgia or any other country relevant to the service,
Government, administrative, or judicial decisions of any jurisdiction restricting or preventing the operation of the Application,
Massive cyber attacks, distributed denial of service (DDoS), ransomware, exfiltration or compromise by third parties of any infrastructure used to provide the service,
Epidemics, pandemics, lockdown measures, sanitary restrictions,
Power shortages, prolonged energy outages,
General strikes, labor movements affecting the Publisher’s providers or the Stores,
New legislative or regulatory developments rendering the provision of the service impossible under economically reasonable conditions.

The Publisher will inform the User within a reasonable time of the occurrence of any such event and its foreseeable effects on the service.

Article 22 — Miscellaneous Provisions

22.1 Assignment and Transfer of Activity

The User expressly authorizes the Publisher to assign, transfer, subcontract, contribute, or pledge all or part of its rights and obligations under these Terms to a third party of its choice, without obtaining individual consent from Users, in the following cases:

Merger, demerger, partial contribution of assets,
Acquisition, change of control, restructuring,
Total or partial transfer of activity, sale of business or assets,
Legal reorganization of the Publisher, including the transfer of the publication of the Application from an Individual Entrepreneur status to a company (LLC, JSC, or equivalent), or to any other entity controlled directly or indirectly by the same beneficial owner,
Resumption of activity by heirs in the event of the Publisher’s death or incapacity.

In all cases, the assignee shall assume the obligations contracted by the Publisher towards the User. The User will be informed of the assignment by in-app notification or email, and shall retain the right to terminate their Account before the effective date of the assignment if they refuse this transfer.

22.2 Partial invalidity

If any provision of these Terms is held null, illegal, or unenforceable by a competent court, the other provisions shall remain in full force.

22.3 Tolerance

The Publisher’s failure, at any given time, to enforce a provision of these Terms shall not be construed as a waiver of the right to enforce that provision later.

22.4 Entire agreement

These Terms, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between the User and the Publisher and supersede any prior agreement on the same subject matter.

22.5 Language

These Terms have been originally drafted in French. In case of translation into another language, the French version shall prevail in case of any divergence in interpretation.

Article 23 — Governing Law and Jurisdiction

23.1 Governing law

These Terms are governed by Georgian law (Georgia / Tbilisi), as the Publisher’s place of establishment, without prejudice to mandatory consumer protection provisions applicable in the User’s country of habitual residence, in particular under:

Regulation (EC) No. 593/2008, known as “Rome I”, for Users residing in the European Union,
The mandatory provisions of the country of residence for other jurisdictions.

23.2 Amicable settlement

In case of dispute, the parties shall endeavor to find an amicable solution prior to any contentious action. Any complaint must be sent by email to contact@fishman-app.com, with acknowledgment of receipt within 5 business days and a reasoned response within 30 days.

23.3 Competent jurisdiction

Failing amicable settlement, the competent courts shall be those of the place of the Publisher’s registered office, namely Tbilisi, Georgia, subject to mandatory jurisdictional rules protecting consumers in their country of habitual residence, which may allow the consumer User to bring an action before the courts of their own domicile.

23.4 European online dispute resolution platform

Users residing in the European Union may use the Online Dispute Resolution platform provided by the European Commission: https://ec.europa.eu/consumers/odr.

The Publisher being established in Georgia (outside the European Union), it is not required to subscribe to a consumer mediator within the meaning of Directive 2013/11/EU on alternative dispute resolution for consumer disputes.

23.5 Class Action Waiver (Users Residing in the United States)

For Users residing in the United States: to the fullest extent permitted by applicable law, the User agrees to resolve any dispute with the Publisher on a strictly individual basis and waives the right to participate in or bring a class action, collective action, or representative action against the Publisher, whether in court or by way of arbitration.

Any dispute will be resolved individually, and no arbitrator or court will be authorized to consolidate the User’s claim with that of any other User.

This waiver does not apply in jurisdictions where it would be deemed invalid or unenforceable. In particular, certain states (notably California) recognize limitations on the enforceability of such clauses for consumers.

Article 24 — Complaints and Contact

For any question, complaint, or request relating to these Terms:

Contact email: contact@fishman-app.com
Postal address: Nino and Ilia Nakashidze Street N1, Apartment 3, Building 3, Krtsanisi, Tbilisi, Georgia, 0105

Apple is a trademark of Apple Inc. Google Play is a trademark of Google LLC. Apple is not a sponsor of, nor is it involved in, FishMan: “Apple is not a sponsor of, nor is involved in, this promotion.”