Terms of Use for FishLens - Fish Identifier
1. Introduction & Acceptance of Terms
Welcome to the FishLens - Fish Identifier application (the "Application" or "Service"). The Service is owned and operated by Numan Haktan Kartal ("we," "us," or "our"). To access the Service, you must at all times agree to and abide by these terms of use (these "Terms").
These Terms are a legal contract between you ("you" or "User") and us regarding your use of the Service. By accessing, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If at any time you do not agree to these Terms, please terminate your use of the Service immediately.
2. Important Safety Disclaimer & Accuracy
The Fish Identifier Service is provided for informational and educational purposes only. While we strive to improve our AI, the Service is not perfect and identification results are not guaranteed to be 100% accurate.
YOU AGREE AND UNDERSTAND THAT NO CONTENT OR IDENTIFICATION PROVIDED BY THE SERVICE CAN BE USED AS A BASIS FOR DETERMINING THE LEGALITY, EDIBILITY, OR SAFETY OF ANY FISH. YOU MUST NOT USE THE APP'S FEEDBACK AS A BASIS FOR EATING OR HANDLING ANY FISH, OR FOR COMPLIANCE WITH ANY FISHING LAWS OR REGULATIONS. ALL RISKS THAT MAY ARISE FROM SUCH ACTIVITIES SHALL BE BORNE ENTIRELY BY YOU, NOT BY US. Always consult with local experts and official regulatory guides.
3. Authorized Users & Eligibility
The Service is not intended for persons under the age of 16. If you are under 16 years of age, you may not use the Service. If you are between 16 and 18 years of age, you represent that you have your parent's or guardian's permission to use the Service and to agree to these Terms.
4. Ownership & Intellectual Property
The Service, including its visual interfaces, graphics, design, compilation, computer code, software, AI models, and all other elements ("Our Materials"), is owned and operated by us and protected by intellectual property laws. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, decompile, reverse engineer, or create derivative works from Our Materials.
5. User Content and Limited License
a. License to Your Content:
You retain all ownership rights to the images you upload ("Your Content"). To allow us to provide the identification service, you grant us a limited, non-exclusive, royalty-free license to use, process, and store Your Content solely for the purpose of processing your identification request and displaying the result to you within the Application. This license does not permit us to use Your Content to train our AI models or for any other purpose not directly related to fulfilling your request. This license terminates when your content is deleted from our systems.
b. Prohibited Content:
You shall not upload any Content that is illegal, offensive, obscene, defamatory, or infringes on any third party's rights (including copyright, privacy, or trademark). You are solely responsible for Your Content and the consequences of uploading it.
6. Prohibited Activities
As a condition of your use of the Service, you agree not to:
• Use the Service for any unlawful purpose.
• Interfere with or damage the operation of the Service, including by disseminating viruses or malicious code.
• Attempt to gain unauthorized access to the Service or its related systems through hacking or other means.
• Use any robot, spider, scraper, or other automated means to access the Service without our express written permission.
• Use the Service for any commercial purpose without our prior written consent.
7. User Account & Security
You are responsible for all activities that occur under your account. You agree to provide true and accurate information upon registration and to keep your password confidential. You must notify us immediately if you believe your account's security has been compromised.
8. Subscriptions and Payments
Our Service may offer paid subscriptions. All payments are processed through the Apple App Store or Google Play Store and are subject to their terms and conditions. Subscriptions will automatically renew unless canceled at least 24 hours before the end of the current period through your respective store account settings.
9. Termination
We may, in our sole discretion and for any reason, terminate or suspend your account or access to the Service. You may terminate your account at any time. Upon termination, your right to use the Service will immediately cease.
10. DISCLAIMERS; NO WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU USE THE SERVICE AT YOUR OWN RISK.
11. INDEMNIFICATION
You agree to indemnify and hold us harmless from any claims, losses, damages, or liabilities (including legal fees) arising out of your use or misuse of the Service, your violation of these Terms, or your violation of the rights of any other person or entity.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) WILL NOT EXCEED FIFTY DOLLARS ($50 USD).
13. Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
a. Governing Law:
These Terms and any dispute arising from them shall be governed by the laws of the Republic of Turkey, without regard to its conflict of law principles.
b. Agreement to Arbitrate:
You and Numan Haktan Kartal agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party's copyrights, trademarks, trade secrets, or other intellectual property rights.
c. Class Action Waiver:
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
d. Arbitration Rules:
The arbitration will be administered by the Istanbul Arbitration Centre (ISTAC) in accordance with its Arbitration Rules. The seat of the arbitration shall be Istanbul, Turkey. The language of the arbitration shall be English.
14. Copyright Policy (DMCA)
We respect the intellectual property of others. If you believe that anything on the Service infringes a copyright that you own or control, you may file a notice with us at melonryou@gmail.com. Your notice must comply with the requirements of the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) and include:
• Your physical or electronic signature.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the infringing material to be removed.
• Your contact information.
• A statement that you have a good-faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
15. End-User Terms Required by Apple
If you have downloaded the Application from the Apple, Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and us only, not with Apple. Apple is not responsible for the Service and its content. Apple has no obligation to furnish any maintenance and support services. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims or claims that the App fails to conform to any legal or regulatory requirement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim. You agree to comply with any applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right to enforce these Terms against you.
16. Miscellaneous
These Terms constitute the entire agreement between you and us. If any provision is found to be unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision will not be considered a waiver of those rights. These Terms may not be assigned by you but may be assigned by us without restriction.
17. Contact Information
For any questions, complaints, or claims regarding the Service, please contact us at: melonryou@gmail.com.