FISHY LIVE TERMS OF USE

Applies to Fishy Live and related services and applications
Version: 2025‑09‑14 (v4)

1. Parties, service and scope of application

1.1 Supplier. The service is provided by Fishy Tech Sweden AB, company no. 559206-1641, Ginstvägen 3, 197 34 Bro, Sweden (“Fishy”, “The company").

1.2 The service. “Fishy Live"" refers to Fishy's cloud-based system for administration and implementation of fishing competitions and associated channels such as websites, webshop (without these terms regulating the sale/delivery of goods), admin panels, apps and tools (collectively "The service").

1.3 Territory and target groups. The service is only delivered to Clients (defined below) within the EU/EEA. End user (participants/fishermen) can use the Service from all over the world.

1.4 Out of scope. Sales, delivery, right of withdrawal, etc. of products to end customers is regulated in separate terms/agreement and are not covered by these Terms.

1.5 Non-consumer. The service is primarily aimed at legal entities (organizers). If consumers are covered in a particular case, mandatory consumer protection applies over these Terms.

2. Roles and definitions

Fishy: Owns, develops and operates the Service (in Sweden). May use subcontractors/sub-assistants.
Partner: Country partner/reseller/agent appointed by Fishy in a specific country. Responsible locally for sales, customer care and first line contact but is not a party to the delivery of the Service unless separately agreed.
Client: Organizer of a fishing competition or similar event that orders and uses the Service for administration and implementation of competitions.
End user (“Fisherman”): Person who participates in competitions or otherwise uses the Service (e.g. for catch reporting).
Customer data: Data that Client or End User uploads or generates within the Service on behalf of the Client (e.g. competition information, results, images).
Personal data: Information relating to an identified or identifiable natural person.

3. Contract structure and amendments

3.1 Contract hierarchy. These terms (“The conditions”) applies together with any quotation, order confirmation, data processing agreement (DPA) and service description. In the event of a conflict, the following shall apply in the order mentioned: (i) signed agreement/quote, (ii) service description/SLA, (iii) DPA, (iv) these Terms.

3.2 Changes. Fishy may update the Terms and Conditions and the Service. Significant changes will be notified to the Client in advance via the Service/email. Continued use after entry into force constitutes acceptance.

3.3 Transfer. Fishy may transfer its rights and obligations to companies within the same group or to acquirers of the business.

4. Ordering, accounts and permissions

4.1 Ordering. Client orders the Service (Free/Standard/Premium) via Fishy, Partner or online.

4.2 Permissions. Client is responsible for ensuring that only authorized persons are granted access to Client's instance and for managing users, roles and rights.

4.3 Correctness. The client is responsible for ensuring that the information provided is correct and up-to-date.

5. License and Use

5.1 License. Client receives a non-exclusive, non-transferable and non-sublicensable right to use the Service during the contract period in accordance with the Terms and Conditions and applicable plan.

5.2 Unauthorized use. It is not permitted to (i) circumvent security, (ii) decompile or reverse engineer the Service, (iii) use the Service in violation of law, competition rules or good practice, (iv) upload illegal, offensive or harmful content, (v) disrupt the operation of the Service.

5.3 Regulatory compliance. The client is responsible for ensuring that the competition design, terms and conditions and content comply with applicable law in the relevant jurisdiction and for necessary permits.

6. Partner structure

6.1 The role of the partner. In some countries, sales, customer care and local support are provided through Partner. Partner acts as an agent/reseller and can invoice Client according to the local model.

6.2 Partner Disclaimer. To the extent that Partner does not expressly enter into a separate delivery agreement with Client, Partner is exempt from liability for the Service to the same extent as Fishy under these Terms and Conditions and is only responsible for its own advice/commitments.

6.3 Communication. Clients can turn to Partner in the first instance for support according to the selected service level. Fishy can take over cases if necessary.

7. Intellectual property rights

7.1 Ownership. All intellectual property rights to the Service, software, manuals, designs, trademarks, etc. belong to Fishy or its licensors. No ownership is transferred.

7.2 Customer reference. Fishy may use the Client's name, company name and trademark in customer lists and product descriptions. Other marketing requires the Client's consent. The Client may not use Fishy's trademarks without written consent.

8. Customer data, photos and content

8.1 Responsibility. Client is responsible for having the necessary rights to Customer Data and that it does not infringe on third parties. Client is responsible for End Users' compliance with rules and competition terms.

8.2 Photo rules. Images uploaded must have a clear connection to the fishing/competition and must not be illegal, offensive or infringe on third party rights. Fishy may remove or block content that violates the rules.

8.3 Publication. By uploading, the uploader grants Client and Fishy a worldwide, non-exclusive license to display the material within the Service and in connected channels for competition and results purposes. Copyright remains with the uploader.

8.4 Aggregated data. Fishy can use anonymized and aggregated data for statistics, analysis and reporting to authorities and partners (e.g. County Administrative Boards, HaV), without identifying individuals.

9. Data protection and roles (overview)

9.1 Roller. In competition operation, Client is normally data controller for processing personal data of participants/end users. Fishy is personal data processor and processes personal data according to the Client's documented instructions.

9.2 DPA. The parties enter into a separate data processing agreement (DPA) according to GDPR that regulates processing, security, sub-processors, incident reporting, transfers, etc.

9.3 Fishy's own treatments. For its own administrative purposes (customer relations, invoicing, operational logs, security, development, mailings), Fishy is the data controller. These processing operations are described in Fishy's privacy policy.

9.4 Place for treatment. Personal data is processed within the EU/EEA. Transfer outside the EU/EEA only takes place in accordance with the requirements of the GDPR and in accordance with the DPA/Privacy Policy.

9.5 Data subject rights. Requests from data subjects are handled by the respective data controller (usually the Client). Fishy assists the Client to the extent required by the DPA.

10. Service Level Agreements (SLA – overview)

Common to all levels: The service is delivered according to best effort. Planned maintenance may occur. No availability or restoration guarantees are provided unless otherwise stated in a separate agreement.

10.1 Free

Provided in its current condition (“as is”).
No guaranteed support; cases are received via email and handled as time permits.
No compensation in case of errors/interruptions.

10.2 Default

Normal best effort-level for operations and actions.
Support weekdays, excluding holidays, 9am–5pm local business hours via email/chat.
Reasonable attempts at incident response; guidance and configuration included.

10.3 Premium

Extended best effort with priority in queue management.
Extended support windows as agreed, possibility of extra assistance and limited customizations by agreement.
Possibility of planning meetings/preparedness according to separate quote.

Note: Detailed service level metrics, response times, readiness and any additional services can be specified in a separate SLA/Quote which in that case applies before this overview.

11. Fees, commissions and payments

11.1 Prices. Fees are stated in the current price list/quote. Value added tax and any local taxes are added.

11.2 Payouts.

Instead of traditional invoicing, a model is applied where the Client can request payment of funds collected through Fishy's store service. Upon each such request, Fishy specifies the fees generated, deducts the agreed commission and provides supporting documentation along with the payment to the Client.

In some countries, Fishys Partners may provide their own country- and currency-specific client funds accounts and have separate agreements with local payment gateways. In these cases, it is the Partner who administers payments, disbursements and settlements towards the Client. The Client should then contact the relevant Partner directly to request payment, and the Partner is responsible for making the payment in accordance with the applicable agreement and terms.

Any value added tax (VAT) is accounted for and handled in accordance with applicable law in the country where the payment is administered, and the Client is responsible for providing accurate information for this purpose.

11.3 Free level. For Free, the license fee is SEK 0, otherwise according to these Terms.

12. Privacy and security

12.1 Secrecy. The parties shall not disclose non-public information about the other that may reasonably be considered confidential.

12.2 Security. Fishy takes appropriate technical and organizational measures to protect the Service and Customer Data. Client is responsible for its own systems, devices and passwords.

13. Limitation of liability

13.1 Generally. Fishy is not liable for indirect damages such as lost profits, reduced turnover, data loss, third-party claims or other consequential damages, nor for damages that could not reasonably have been foreseen.

13.2 Force majeure and external events. Fishy is not responsible for obstacles or damage caused by circumstances beyond Fishy's reasonable control, such as network/electricity supply interruptions, attacks, malicious code, government decisions, labor disputes, extreme weather, natural events, war/crisis, etc.

13.3 Liability cap. Fishy's total liability per contract year is limited to the amount paid by the Client for the Service during the last twelve (12) months prior to the damage. No compensation will be paid for Free in any case.

13.4 Partner Disclaimer. Partner is exempt from liability to the same extent as Fishy under this section, unless otherwise expressly agreed directly between Client and Partner.

13.5 Liability of the injured party. The client must take reasonable measures to limit damage.

13.6Fishy and its Partners are not responsible for delays, non-payments, bank fees, currency fluctuations, or for the Client's obligations to declare and pay tax or VAT in their home country or other jurisdiction. The Client is solely responsible for reporting and fulfilling their tax and accounting obligations.

The Client is also responsible for providing correct and complete information for payment and for requesting payment in a timely manner. If incorrect or incomplete information from the Client leads to payment not being made or being sent to the wrong recipient, the Client bears full responsibility for this and no compensation can be claimed from Fishy or its Partners.

14. Suspension and termination

14.1 Suspension. Fishy may temporarily restrict or suspend access in the event of a security risk, suspected unauthorized use, non-payment, or necessary maintenance.

14.2 Contract period and termination. Unless otherwise agreed, subscriptions run monthly with one (1) month's notice. Prepaid fees are non-refundable.

14.3 Material breach of contract. A party may terminate the agreement with immediate effect in the event of a material breach of contract that is not remedied within thirty (30) days of written notification.

14.4 Data upon termination. At the Client's request, export of Customer Data in an accessible standard format is provided. Fishy may delete data after a reasonable period of time according to a secure deletion routine, taking into account legal requirements.

15. Cookies and Tracking (Overview)

The service's websites and apps use cookies and similar technologies for functionality, login, language selection, session management, statistics/analysis (e.g. Google Analytics) and improved user experience. You can manage or block cookies in your browser; some functions may then stop working (e.g. login or purchase flows). More information can be found in Fishy's cookie policy.

16. Choice of law and dispute

The conditions are governed by Swedish law. Disputes will be finally settled by a Swedish general court with Stockholm District Court as a first instance. Mandatory laws in the consumer's home country are applied where necessary.

17. Contact

Fishy Tech Sweden AB
Corporate ID number 559206‑1641
Ginstvägen 3, 197 34 Bro, Sweden
Email: support@nullfishy.nu

ANNEX A – Data Protection (Summary)

A1. Roles and responsibilities
– Client: data controller for processing of participants/end users within each event. – Fishy: data processor that processes according to Client's instructions. – Fishy (separately): data controller for its own administrative processing.

A2. Purpose of processing (assistance)
Provide, operate, support and further develop the Service on behalf of the Client; storage, backup, logging, troubleshooting, security, statistics.

A3. Categories of data subjects and data
Participant/End User and Client User; identity, contact, account data, competition data, catch reports, images (optional), technical logs, etc. to the extent that Client chooses to process them.

A4. Security
Appropriate technical and organizational measures including access control, encryption in transit, logging, authorization management and risk management.

A5. Sub-processors and transfers
Fishy may use sub-processors. List is kept available and can be shared upon request. Processing takes place within the EU/EEA; third-country transfer only in accordance with GDPR requirements.

A6. Storage and thinning
Retention during the contract period and thereafter according to Client's instructions/legal requirements; thereafter deletion or anonymization.

A7. Rights of data subjects
Requests from data subjects are handled by the Client; Fishy assists according to the DPA.

A8. Incidents
Personal data incidents are reported to the Client without undue delay in accordance with the DPA.

APPENDIX B – Service Levels

Level	Support channels	Times	Prioritization	Inhold
Free	E-mail	Not guaranteed	Lowest	Error reports are accepted as time permits. No committed SLA times.
Standard	Email/Chat	Weekdays 9am–5pm	Normal	Reasonable action attempts, guidance, easier configuration.
Premium	Email/chat/agreed phone number	By agreement (extended windows)	High	Priority in queue, extended assistance, limited adaptations/preparedness according to quote.

Note: All levels are “best effort” and exclude consequential compensation. Any service level credits or special commitments are negotiated separately.

ANNEX C – Value Added Tax (VAT)

C1. General
It is always the Client who formally and legally acts as a seller in the store via Fishy's system. Neither Fishy nor its Partners act as a seller towards the end customer in this part of the service. All responsibility for correct handling of value added tax (VAT) rests with the Client.

C2. VAT registration
The Client may be either VAT registered (legal entity/company) or non-VAT registered (e.g. private individual). The Client is fully responsible for informing Fishy/Partner of their VAT status and applicable VAT rates.

C3. Collection and reporting
Fishy or Partner will report the amounts collected via the store service, including the VAT stated by the Client, upon payment. Prices in the store are displayed with the VAT rate stated by the Client. Fishy and Partner act solely as a technical intermediary to collect and provide data.

C4. Client's responsibilities
It is the Client's own responsibility to:

provide correct VAT information (e.g. VAT number, VAT rate),
report and pay VAT to the correct authority in accordance with applicable legislation,
ensure that sales comply with local tax and accounting regulations.

C5. Disclaimer
Fishy and its Partners are not responsible for incorrect information from the Client, deficiencies in accounting or non-payment of VAT. If errors occur due to the Client providing incorrect information or failing to fulfill their obligations, the Client bears full responsibility for this.