Terms of Service

§ 1 Scope

1. These General Terms and Conditions ("Terms") govern the use of the 4Fish app in its free and paid version.
2. The provider of the app is:
   Michael Pawlik, Sperberweg 6c, 50997 Cologne, Germany
   Email: support@4fish.app · Website: https://4fish.app
3. These Terms apply to all contracts between the provider and users concerning the use of the app.
4. Deviating terms of the user do not apply unless their validity has been expressly agreed to in text form.

§ 2 Subject matter of the contract

1. 4Fish is a digital fishing journal for recording, storing and analyzing fishing data.
2. The app enables in particular the recording of catches, the documentation of sessions, the saving of spots and the display of maps. Certain additional features — in particular the statistics area, navigation to spots and the automatic retrieval of weather data for entries — are available exclusively as part of a paid Premium subscription.
3. The specific scope of features depends on whether the user uses the free version, a trial period or a Premium subscription. The distinction is set out in §§ 3 and 4.

§ 3 Free use

1. The app can be used free of charge on a permanent basis.
2. The free version is not subject to any quantitative limit. In particular, catches, sessions and spots can be recorded and stored in unlimited numbers, and the map and saved spots can be displayed on the map.
3. The following features are not available in the free version; they are reserved for the Premium subscription:
   • the statistics area,
   • navigation (route guidance) to spots,
   • the automatic retrieval of weather data for an entry (both current and historical weather data).
4. The provider is entitled to adjust the scope of the free features, taking into account the legitimate interests of users, insofar as this is reasonable for the user.

§ 4 Premium subscription

1. The provider offers a paid Premium subscription within the app.
2. With an active Premium subscription, the user has access — in addition to the features of the free version — in particular to the following Premium features:
   • full access to the statistics area,
   • navigation (route guidance) to spots,
   • automatic retrieval of weather data for entries (current and historical weather data).
3. The specific scope of services and the applicable price are additionally set out in the service description within the app and in the respective app store at the time the contract is concluded.
4. A change to the Premium features beyond what is necessary to maintain conformity with the contract is only permissible if there is a valid reason for it (e.g. technical development, adaptation to changed interfaces of third-party services used, such as map or weather services, changed legal or security-related requirements), the user does not incur any additional costs as a result, and the user is informed about the change in a clear and comprehensible manner. If such a change impairs the user's access to the Premium features or their usability more than insignificantly, the provider will inform the user in text form a reasonable time in advance. In this case, the user is entitled to terminate the Premium subscription free of charge within 30 days of receipt of this information or from the time of the change, whichever is later.

§ 5 Trial period

1. A free trial period of 14 days may be offered for the Premium subscription. During the trial period, the full range of Premium features is available.
2. Whether and under what conditions a trial period is offered is set out in the respective offer in the Google Play Store or Apple App Store at the time of booking.
3. If the trial period is not cancelled in good time before it expires in accordance with the rules of the respective store, it automatically converts into a paid Premium subscription with a monthly term upon expiry. The user is informed of the automatic conversion, the time of the first charge and the price before the contract is concluded in the purchase process of the respective store.
4. The user's right of withdrawal is governed by § 7.

§ 6 Conclusion of contract and payment processing

1. A paid Premium subscription is concluded via the respective third-party store (Google Play Store or Apple App Store). The contract for the provision of the Premium features is concluded between the user and the provider; payment is processed via the respective store.
2. Billing and payment processing are handled via the respective store.
3. The technical validation of purchases and the management of the subscription are carried out via a service provider (RevenueCat). This does not change the contractual relationship between the user and the provider; details on data processing are set out in the privacy policy.
4. For purchase, billing, management, cancellation and, where applicable, refunds, the terms of the respective store apply in addition. The user's statutory rights, in particular the right of withdrawal (§ 7) and the rights in case of defects (§ 13), remain unaffected.
5. The user is advised to familiarize themselves with the terms of the store they use.

§ 7 Right of withdrawal for consumers

Withdrawal notice

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Michael Pawlik, Sperberweg 6c, 50997 Cologne, email: support@4fish.app) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal. If you withdraw from this contract, we must refund all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. If payment was made via an app store, the refund will be processed via the respective store.

Early expiry of the right of withdrawal

The right of withdrawal expires early if we have begun performing the contract (providing the Premium features) after you have

1. expressly consented to us beginning performance of the contract before the end of the withdrawal period, and
2. confirmed your knowledge that you lose your right of withdrawal upon the beginning of performance as a result of this consent.

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it.)

— To: Michael Pawlik, Sperberweg 6c, 50997 Cologne, email: support@4fish.app
— I/we (*) hereby withdraw from the contract concluded by me/us (*) for the use of the Premium subscription of the 4Fish app
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Date
(*) Delete as applicable.

§ 8 Term, renewal and cancellation

1. The Premium subscription is offered with an initial term of one month.
2. If the subscription is not cancelled by the end of the current term, it is extended for an indefinite period. During the extension for an indefinite period, the user may cancel the subscription at any time with a notice period of no more than one month.
3. Cancellation is carried out via the subscription or account management of the app store used. The rules of the respective store additionally apply to the form, deadline and timing of the cancellation.
4. The right of both parties to extraordinary termination for good cause remains unaffected.
5. A statutory right of the user to a refund, in particular in the context of the right of withdrawal (§ 7) or the rights in case of defects (§ 13), remains unaffected. Otherwise, any refund of payments already made is governed by the terms of the respective app store.

§ 9 Consequences after the end of the Premium subscription

1. After the end of a Premium subscription — including expiry without renewal — the app can continue to be used with the free feature set.
2. All data stored by the user — in particular catches, sessions, spots, photos, audio recordings, notes and weather data already saved to entries — remains unchanged and readable and editable. There is no quantitative limit after termination either; new entries can still be created without limit.
3. The Premium features are no longer available after termination. In particular, the statistics area is no longer accessible, navigation to spots is no longer available, and no automatic weather retrieval takes place for new entries.
4. Weather data that was automatically retrieved and saved to entries before termination remains visible; only renewed automatic retrieval remains reserved for the Premium subscription.
5. No data is deleted solely because the Premium subscription has ended.

§ 10 Storage of and responsibility for user data

1. The content recorded by the user in the app, in particular catches, sessions, spots, photos and other input, is generally stored locally on the user's device.
2. The user is responsible for adequately protecting their device and any backups of their data.
3. Details on data processing are set out in the separate privacy policy.

§ 11 Rights of use

1. The provider grants the user, for the duration of use, a simple, non-exclusive and non-transferable right to use the app within the scope of these Terms. During an existing paid Premium subscription, this right of use may only be revoked for good cause.
2. Use of the app is permitted exclusively for private purposes, unless expressly agreed otherwise.
3. The user is in particular prohibited from
   • using the app in an abusive or unlawful manner,
   • reproducing, distributing or making publicly accessible content or components of the app without authorization,
   • circumventing technical protection measures,
   • decompiling or reverse engineering the app, unless expressly permitted by law,
   • creating or storing within the app any unlawful content, content infringing third-party rights or offensive content — in particular photos, audio recordings or texts that are relevant under criminal law or youth protection law, or that are insulting, discriminatory, glorify violence or are pornographic.
4. All content created or stored by the user in the app — in particular photos, audio recordings and notes — is the sole responsibility of the user. Since this content is stored exclusively locally on the user's device and is not accessible to the provider, the provider is unable to control, moderate or review this content; no such obligation exists. In the event of a violation of paragraph 3, the user alone is liable; the user indemnifies the provider against third-party claims based on such a violation, insofar as the user is responsible for the breach of duty.

§ 12 Availability and changes to the app

1. The provider endeavours to keep the app usable with as few interruptions as possible, but does not owe availability at all times.
2. Temporary restrictions may arise in particular from maintenance, updates, technical faults, third-party services or network outages.
3. The provider is entitled to further develop, change or partially discontinue the app and its features, provided that this does not unreasonably impair the purpose of the contract for the user. § 4 paragraph 4 additionally applies to changes to paid Premium features.

§ 13 Conformity with the contract, rights in case of defects and updates (digital products)

Conformity with the contract and rights in case of defects

1. The provider makes the app and the Premium features available in accordance with the contractual and statutory requirements (Sections 327d, 327e of the German Civil Code, BGB). Decisive are in particular the characteristics specified in the contract and in the service description (§§ 3 and 4) as well as the objective requirements for a digital product of this kind.
2. If a digital product provided does not conform to the contract (product defect) or is not provided properly, the user is entitled to the statutory rights in case of defects — in particular to subsequent performance, termination of the contract and, for paid services, price reduction and, where applicable, damages in accordance with Sections 327i et seq. BGB. These statutory rights are not restricted by these Terms.

Updates

3. During the relevant period, the provider makes available the updates that are necessary to maintain the conformity of the app and the Premium features with the contract; this also includes necessary security updates (Section 327f BGB).
4. The relevant period is determined by the statutory provisions: in the case of continuous provision — in particular during an ongoing Premium subscription — for the duration of the provision; otherwise for the period that the user can reasonably expect given the type and purpose of the digital product and taking the circumstances into account.
5. Updates are made available as app updates via the respective app store (Google Play or Apple App Store).
6. The user is advised to install provided updates within a reasonable time. If the user fails to install a provided update of which they have been informed, the provider is not liable for a product defect that is based solely on the absence of this update — unless the failure to install is due to defective installation instructions provided to the user (Section 327f (2) BGB).

§ 14 Liability

1. The provider is liable without limitation in cases of intent and gross negligence as well as for damages resulting from injury to life, body or health.
2. In cases of slight negligence, the provider is only liable for the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable damage typical for the contract.
3. In all other respects, the provider's liability is excluded to the extent permitted by law. Mandatory statutory liability, in particular under the German Product Liability Act, remains unaffected.

§ 15 Data protection

The separate privacy policy, in its current version, applies to the processing of personal data.

§ 16 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory consumer protection provisions provide otherwise.
2. Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.

© 2026 Michael Pawlik · support@4fish.app