KLIXYA LLC — FishySticky Terms of Service
These Terms of Service (hereinafter referred to as the “Terms”) are a legally binding agreement between the user (hereinafter referred to as “User” or “you”) and KLIXYA LLC (hereinafter referred to as “KLIXYA,” “we,” or “our”) regarding the download, installation, access, or use of the FishySticky mobile application (hereinafter referred to as the “Application”). By using the Application, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
1. License Granted and Scope of Use
KLIXYA grants you a personal, non-exclusive, non-transferable, and revocable limited license to install and use the Application on your personally owned mobile device for your personal, non-commercial purposes only, namely, to use the tools provided by the Application to record and organize your fishing activities. All rights not expressly granted in these Terms are reserved by KLIXYA.
2. User Responsibility and Code of Conduct
You agree and promise:
- Your use of this application will comply with all applicable laws and regulations.
- You will not copy, modify, reverse engineer, decompile, or create derivative works of this application, in whole or in part.
- You will not use any automated systems (such as robots or web crawlers) to access or interact with this application.
- You will not use this application to spread any viruses, malware, or other harmful code.
- You are solely responsible for all content (including but not limited to text, photos, and location data) created, edited, saved, or shared through this application.
3. Data and Privacy
KLIXYA respects and values your privacy. The core functions of this application (including photo taking, sticker generation, and log recording) are all completed locally on your device. To improve products and services, this application may collect anonymous usage data and diagnostic information. For detailed privacy practices, please refer to our Privacy Policy.
4. Intellectual Property
This application and all its content, including but not limited to software, code, user interface, design, icons, graphics, and audio, are owned or licensed by KLIXYA and protected by copyright, trademark, and other intellectual property laws. You own all rights to the content you create using this application (such as catch logs and photos), but you grant KLIXYA a non-exclusive, royalty-free license to use this content for the purpose of operating and improving the service (e.g., for in-app display to promote the service).
5. Third-Party Links and Services
This application may contain links to third-party websites or services. KLIXYA has no control over and assumes no responsibility for the content, privacy policies, or practices of these third parties. You access these links at your own risk.
6. Disclaimer
This application is provided on an "as is" and "as available" basis without any express or implied warranties of any kind. To the fullest extent permitted by law, KLIXYA expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that this application will be error-free, uninterrupted, secure, or completely virus-free.
7. Limitation of Liability
To the maximum extent permitted by law, KLIXYA and its officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or damage to goodwill, arising out of or in connection with the use of or inability to use this application, even if we have been advised of the possibility of such damages.
8. Indemnification
You agree to indemnify and hold harmless KLIXYA and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of this application, your breach of these Terms, or your infringement of any third party's rights.
9. Termination
These Terms shall remain in effect until termination. If you breach any provision of these Terms, KLIXYA may immediately terminate this Agreement and your access to this application without prior notice. Upon termination, you must immediately cease using this application and uninstall it from your device.
10. Applicable Law and Dispute Resolution
This Agreement and any dispute arising out of or relating to it shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement or your use of the Application shall be submitted to a court of competent jurisdiction located in Aurora, Colorado.
11. Changes to Terms
KLIXYA reserves the right to modify or update these Terms at any time. We will notify you of any material changes via in-app notifications or other reasonable means. Your continued use of the Application after the changes take effect constitutes your agreement to be bound by the revised Terms.
12. Contact Us
If you have any questions about these terms, please contact us via:
Email: garrett.goodall@klixyallc.com
Mailing Address: 18511 E AVE HAMPDEN, AURORA, CO 80013 NUM 210