Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Low Fruit Solutions PTY LTD (ABN 50 618 456 509), an Australian proprietary limited company ("Company," "we," "us," or "our"), governing your access to and use of the CatchKeeper® mobile application and all related services, websites, and content (collectively, the "Service").

By creating an account, downloading, installing, or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Community Guidelines. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. Material changes will be communicated through in-app notifications or via the email address associated with your account at least thirty (30) days before they take effect. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

2. Eligibility

To use the Service, you must be at least sixteen (16) years of age, or the minimum age required by the laws of your jurisdiction, whichever is higher. If you are under the age of eighteen (18) or the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement and that all registration information you provide is accurate and complete.

3. Account Registration and Security

3.1 Account Creation

You must create an account to access the Service. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@catchkeeper.net if you become aware of any unauthorised access to or use of your account.

3.3 Account Types

The Service supports individual user accounts and business accounts. Business accounts are subject to the additional terms outlined in Section 11 of these Terms.

3.4 One Account Per User

Each individual may maintain only one personal account. We reserve the right to merge or remove duplicate accounts.

4. Description of the Service

CatchKeeper is a social fishing platform that provides the following features and functionality:

• Catch Logging: Recording and tracking fishing catches, including species identification, measurements, location, and environmental conditions.
• Social Features: Sharing posts, following other users, commenting on and reacting to content, and participating in community groups.
• Analytics: Personal and community-level fishing analytics and insights.
• Activity Forecasting: Environmental and condition-based predictions for fishing activity.
• Species Reference: Comprehensive fish species identification and reference data.
• Gamification: Achievement tracking, badges, and progression features.
• Events: Community fishing events with scoring and leaderboard features.
• Business Accounts: Business profiles, multi-location management, and customer reviews.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with or without notice.

5. User Content

5.1 Definition

"User Content" means all content that you submit, upload, post, or otherwise make available through the Service, including but not limited to photographs, catch records, text, comments, reviews, profile information, and location data.

5.2 Ownership

You retain all ownership rights in your User Content. Nothing in these Terms transfers ownership of your User Content to us.

5.3 Licence Grant to the Company

By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from your User Content, in whole or in part, in connection with operating, promoting, and improving the Service and developing new services. This licence survives termination of your account with respect to User Content that has been shared publicly or with other users prior to termination.

For User Content marked as private (for example, private catch logs), this licence is limited to what is reasonably necessary to operate and maintain the Service, including storage, backup, and providing the Service's features to you.

5.4 Aggregated and Anonymised Data

We may aggregate and anonymise User Content, including catch data, location data, species data, and environmental conditions, to generate analytics, insights, forecasting models, and other features available to the community. Such aggregated and anonymised data does not identify you individually and is not considered User Content.

5.5 User Representations

You represent and warrant that:

• You own or have the necessary rights and permissions to submit your User Content and to grant the licences described in these Terms.
• Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or any applicable law.
• Your User Content is accurate to the best of your knowledge, particularly with respect to species identification, measurements, and location data.

5.6 Content Review and Removal

Automated pre-publication review. Images you upload to the Service are automatically scanned for prohibited content before they become visible to other users. As a result, your post may briefly appear in your own profile but not in other users' feeds while this review is in progress. Most reviews complete within seconds. See our Privacy Policy Section 4.4 for a full description of how automated content scanning works.

Hold for review. Where automated scanning flags content as potentially in breach of our Community Guidelines, your post may be held from publication pending human review. You will be notified if your content is held or removed, and may appeal as described in our Community Guidelines.

Content removal. We reserve the right, but have no obligation, to monitor, review, or remove any User Content at our sole discretion, including content that we believe violates these Terms, our Community Guidelines, or applicable law. Where content is removed for legal-compliance reasons (including but not limited to content reported to the National Center for Missing & Exploited Children or equivalent body), we may be legally required to preserve copies of that content and your account data for the period required by law, notwithstanding any deletion request you may make.

6. Acceptable Use

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. The Service is intended for personal, recreational, and informational use related to fishing and the fishing community.

6.2 Prohibited Conduct

You agree not to:

• Use the Service in violation of any applicable local, national, or international law or regulation, including fishing and wildlife regulations.
• Submit false, misleading, or fraudulent catch records, measurements, or other data.
• Harass, bully, intimidate, threaten, or abuse other users.
• Post content that is hateful, discriminatory, obscene, defamatory, or otherwise objectionable.
• Upload, post, or distribute content that depicts, encourages, or facilitates the sexual abuse, exploitation, or endangerment of minors, including any material that would constitute child sexual abuse material under any applicable law. The Service has a zero-tolerance policy for such content and may be required by law to report it to the National Center for Missing & Exploited Children and equivalent authorities.
• Post sexually explicit or pornographic content, or content that depicts graphic violence against persons.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Use the Service to spam, solicit, or send unsolicited communications.
• Attempt to gain unauthorised access to the Service, other users' accounts, or any systems or networks connected to the Service.
• Use bots, scrapers, crawlers, or other automated means to access or collect data from the Service without our prior written consent.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Upload malicious code, viruses, or any other harmful technology.
• Use the Service to promote illegal fishing practices, poaching, or environmental harm.
• Disclose specific catch locations of protected, threatened, or endangered species.
• Manipulate event scoring, leaderboards, or gamification systems through fraudulent activity.

6.3 Enforcement

We may investigate and take any action we deem appropriate in response to violations of this Section, including issuing warnings, suspending or terminating your account, removing content, and reporting activity to law enforcement authorities.

We use a combination of user reports, human review, and automated detection systems (see Privacy Policy Section 4.4) to identify potential violations. Some violations may be detected and actioned automatically; you have the right to appeal any action taken against your account or content as described in our Community Guidelines.

Where content is identified as potentially constituting child sexual abuse material, we may be legally required to suspend the account, preserve all related content and data, and report the matter to the National Center for Missing & Exploited Children (United States), the Office of the eSafety Commissioner (Australia), or equivalent authority in your jurisdiction. In such cases, we will not notify you of the report in accordance with applicable anti-tipoff provisions.

7. Location Data, Device Data, and Privacy

7.1 Location Data Collection

The Service collects and processes geographic location data to provide core features, including catch logging, activity forecasting, and location-based analytics. Location data may be obtained from:

• GPS coordinates from your device (with your permission).
• EXIF metadata extracted from photographs you select for catch logging.
• Manually entered location information.
• A saved home or favourite location set by you.

7.2 EXIF Metadata Processing

When you select a photograph for catch logging, the Service may extract metadata (including GPS coordinates and timestamps) from the image file to pre-populate your catch record. EXIF metadata is stripped from images before upload to our servers to protect your privacy. Processing occurs locally on your device.

7.3 Data Handling

All personal data, including location data, is collected, stored, and processed in accordance with our Privacy Policy, which forms part of these Terms. Our Privacy Policy details the types of data we collect, how we use it, how we protect it, your rights regarding your data, and the legal basis for processing.

7.4 Third-Party Data Services

The Service integrates with third-party data providers for environmental conditions (weather, tidal, solunar data), mapping services, and analytics. Full details of how your data is handled by third-party providers are set out in our Privacy Policy. Your use of the Service may be subject to the terms and privacy policies of these third-party providers.

8. Intellectual Property

8.1 Company Intellectual Property

The Service, including its design, features, functionality, software, text, graphics, logos, trademarks, and all other content provided by us (collectively, "Company Content"), is owned by or licensed to Low Fruit Solutions PTY LTD and is protected by Australian and international copyright, trademark, patent, and other intellectual property laws.

8.2 Limited Licence to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the Service on a compatible mobile device that you own or control, solely for your personal, non-commercial use (unless you hold a business account).

8.3 Restrictions

You may not copy, modify, distribute, sell, lease, sublicence, or create derivative works from any Company Content or the Service itself, except as expressly permitted by these Terms.

8.4 Trademarks

The word mark CatchKeeper® is a registered trademark of Low Fruit Solutions PTY LTD. It is registered in Australia and, under an International Registration, in the United States, the United Kingdom, the European Union, and a number of further jurisdictions.

Our logos, icons, wordmark styling, and the distinctive elements of the Service's presentation are not registered trademarks. They remain proprietary to us and are protected as unregistered marks, including under the law of passing off and the Australian Consumer Law, and references in this clause to "our trademarks" include them.

All other trademarks, service marks, trade names, and logos appearing on the Service are the property of their respective owners.

Nothing in these Terms grants you any right or licence to use any of our trademarks without our prior written consent. Without limiting that restriction, you must not, without our prior written consent:

• Use "CatchKeeper", any of our trademarks, or any name or mark confusingly similar to them, in a username, display name, business account name, group name, event name, or any other identifier you create on the Service.
• Register or use any domain name, social media handle, or application name incorporating our trademarks or any confusingly similar variation.
• Use our trademarks in any manner that suggests sponsorship, endorsement, affiliation, or partnership with us where none exists.
• Remove, obscure, or alter any trademark, copyright, or other proprietary notice appearing on or in the Service.

We may reserve, reclaim, or require the change of any identifier on the Service that breaches this clause, in addition to the enforcement measures set out in clause 6.3.

All references to "CatchKeeper" in these Terms and throughout the Service refer to the registered trademark.

8.5 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free licence to use, implement, and exploit such Feedback without any obligation or compensation to you.

9. Events and Competitions

9.1 Participation

The Service may offer competitive fishing events with scoring systems and leaderboards. Participation in events is voluntary and subject to any additional rules or terms specified for each event.

9.2 Integrity

You agree to participate in events honestly and in good faith. Submitting false, manipulated, or fraudulent catch data in connection with an event constitutes a material breach of these Terms and may result in disqualification, removal of achievements, and account suspension or termination.

9.3 Results

Event results and rankings are determined by the scoring systems specified for each event. We reserve the right to review, adjust, or invalidate results if we reasonably believe fraud or error has occurred.

10. Gamification and Achievements

Badges, achievements, progression milestones, and similar gamification elements are features of the Service provided for entertainment and engagement purposes. They carry no monetary value and do not constitute property. We reserve the right to modify, reset, or remove gamification elements at any time.

11. Business Accounts

11.1 Eligibility

Business accounts are available to legitimate fishing-related businesses, including charter operators, bait and tackle shops, marinas, guides, and other fishing-related enterprises. We reserve the right to verify business eligibility and to refuse or revoke business account status at our discretion.

11.2 Business Representations

By creating a business account, you represent and warrant that you are authorised to act on behalf of the business entity, that all information provided is accurate and current, and that the business complies with all applicable laws and regulations.

11.3 Additional Responsibilities

Business account holders are responsible for all users who access the Service under their account, including any sub-accounts or role-based access users. Business account holders must not engage in deceptive, misleading, or fraudulent practices through the Service.

11.4 Reviews

Business accounts may receive reviews from other users. Business account holders must not solicit fraudulent reviews, attempt to suppress legitimate reviews, or retaliate against users who leave negative reviews.

11.5 Additional Terms

Business accounts may be subject to additional terms, fees, or agreements as communicated separately.

12. Third-Party Services and Links

The Service may contain links to third-party websites, services, or content that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

13. Disclaimers

13.1 "As Is" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

13.2 No Warranty

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, secure, or error-free.
• The results obtained from the Service will be accurate or reliable.
• Any species reference information, analytics, or forecasting will be correct.
• The Service will meet your specific requirements.
• Defects in the Service will be corrected.

13.3 Fishing Activity

We do not guarantee any particular fishing outcomes. Analytics, forecasting, and activity predictions are based on modelling and historical data and are provided for informational purposes only. Actual fishing conditions and results may vary significantly.

13.4 Consumer Law Protections

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any equivalent consumer protection laws in your jurisdiction that cannot be excluded, restricted, or modified by agreement.

14. Limitation of Liability

14.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOW FRUIT SOLUTIONS PTY LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100), WHICHEVER IS GREATER.

14.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Low Fruit Solutions PTY LTD, its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service or any activity under your account.
• Your User Content.
• Your violation of these Terms.
• Your violation of any applicable law or regulation, including fishing regulations.
• Your infringement of any third party's rights.

16. Termination

16.1 Termination by You

You may terminate your account at any time through the account settings in the Service or by contacting us. Upon termination, your right to use the Service ceases immediately.

16.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, including if we reasonably believe you have violated these Terms. Where practicable, we will provide notice and an opportunity to address the issue before termination, except in cases of serious or repeated violations.

16.3 Effect of Termination

Upon termination:

• Your licence to use the Service is immediately revoked.
• We will delete or anonymise your personal information and User Content within thirty (30) days, in accordance with Section 6 of our Privacy Policy and applicable data retention laws. Content that has been shared with or reposted by other users may persist in those users' feeds or records. Aggregated and anonymised data derived from your information may be retained indefinitely as set out in our Privacy Policy.
• Sections of these Terms that by their nature should survive termination shall survive, including Sections 5.3, 5.4, 8.4, 8.5, 13, 14, 15, 17, and 18.

16.4 Data Export

You may request an export of your catch data and personal data prior to account termination, subject to the provisions of our Privacy Policy and applicable data protection laws.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions.

17.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be submitted to good faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, either party may submit the dispute to mediation administered by the Australian Disputes Centre (ADC) in accordance with its mediation rules. If mediation is unsuccessful, either party may commence proceedings in the courts of New South Wales, Australia.

17.3 International Users

If you access the Service from outside Australia, you do so at your own initiative and are responsible for compliance with the laws of your jurisdiction. Nothing in these Terms limits any rights you may have under mandatory consumer protection laws in your country of residence that cannot be waived or limited by contract.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and Low Fruit Solutions PTY LTD regarding your use of the Service, superseding any prior agreements.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, or pandemics.

18.6 Notices

We may provide notices to you via in-app notifications, email to the address associated with your account, or by posting on the Service. You may provide notices to us at support@catchkeeper.net.

18.7 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translated version, the English version shall prevail.

19. Contact Information

If you have any questions about these Terms, please contact us:

Low Fruit Solutions PTY LTD
ABN: 50 618 456 509
Email: support@catchkeeper.net
Address: Wilton, NSW 2571

By using CatchKeeper®, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.