Welcome to Perfect Catch
These Terms & Conditions of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and [Business Name], a [entity type, e.g., corporation/limited liability company] organized under the laws of [State/Country], with its principal place of business at [Business Address] ("we," "us," "our," or "Perfect Catch"), governing your access to and use of the Perfect Catch mobile application, website, and related services (collectively, the "Platform"). By accessing or using the Platform, you acknowledge and agree to be bound by these Terms, our Community Guidelines, and our Privacy Policy (incorporated herein by reference). If you do not assent, you are prohibited from using the Platform.
Article 1: Eligibility and Account Registration
1.1 Age and Capacity: You represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into this binding contract. Use of the Platform by minors or individuals legally incapacitated is expressly prohibited.
1.2 Single Account Restriction: You are permitted to maintain only one (1) account. Creation of multiple accounts, whether through false identities or other means, constitutes a material breach of these Terms and may result in immediate termination of all associated accounts.
1.3 Accuracy of Information: You covenant to provide true, accurate, and complete information during registration and to update such information as necessary to maintain its accuracy.
Article 2: Grant of License and Platform Access
2.1 Limited License: Subject to compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for personal, non-commercial purposes.
2.2 Modifications: We reserve the unilateral right to modify, suspend, or discontinue the Platform, in whole or in part, at any time, with or without notice, including for maintenance, upgrades, or operational necessity.
2.3 No Guarantee of Availability: Access to the Platform is provided on an "as available" basis, and we disclaim any obligation to ensure uninterrupted or error-free functionality.
Article 3: User Conduct and Obligations
3.1 Compliance with Guidelines: You shall adhere to the Perfect Catch Community Guidelines, which form an integral part of these Terms. Non-compliance constitutes a breach hereof.
3.2 Lawful Use: You agree not to use the Platform for any purpose that is unlawful, fraudulent, or otherwise prohibited under applicable local, state, national, or international laws, statutes, or regulations ("Applicable Law").
3.3 Prohibited Acts: You are expressly prohibited from engaging in activities including, but not limited to, harassment, dissemination of malicious code, or unauthorized data harvesting, each of which may result in immediate account suspension or termination.
Article 4: Intellectual Property and User Content
4.1 User Content License: By submitting content to the Platform (e.g., photographs, text, messages), you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, display, modify, and distribute such content solely for the purpose of operating, promoting, and improving the Platform. You affirm that you own or have secured all necessary rights to such content.
4.2 Platform Intellectual Property: All trademarks, service marks, logos, software, and design elements of Perfect Catch are our proprietary assets, protected by copyright, trademark, and other intellectual property laws. Unauthorized use or reproduction is strictly prohibited absent our prior written consent.
4.3 Infringement Reporting: Allegations of intellectual property infringement may be submitted to [email protected], subject to our review and remedial action as deemed appropriate.
Article 5: Payments and Subscription Services
5.1 Premium Features: Certain features or services may require payment ("Paid Services"). Pricing and terms for Paid Services will be disclosed prior to purchase, and transactions shall be processed via third-party payment providers.
5.2 Non-Refundable: All payments for Paid Services are final and non-refundable, except where mandated by Applicable Law. You waive any right to rescind completed transactions absent our express agreement.
5.3 Billing Disputes: Any discrepancies in billing must be reported to us within thirty (30) days of the transaction date, failing which such claims shall be deemed waived.
Article 6: Privacy and Data Protection
6.1 Data Collection: Your use of the Platform involves the collection, storage, and processing of personal data as detailed in our Privacy Policy, which is incorporated herein by reference.
6.2 Account Security: You are solely responsible for safeguarding your account credentials. Any unauthorized access resulting from your negligence shall not impose liability upon us.
6.3 Third-Party Sharing: We may share data with affiliates or service providers as necessary to facilitate Platform operations, subject to confidentiality obligations.
Article 7: Disclaimers and Limitation of Liability
7.1 As-Is Basis: The Platform is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
7.2 No Indirect Damages: To the fullest extent permitted by Applicable Law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Platform, including loss of data, profits, or opportunities.
7.3 Liability Cap: Our aggregate liability under these Terms shall not exceed the greater of (a) the total amount paid by you to us in the preceding twelve (12) months.
Article 8: Termination and Suspension
8.1 User Termination: You may terminate your account at any time via the Platform’s settings, effective upon completion of the process.
8.2 Our Termination Rights: We may suspend, restrict, or terminate your access to the Platform, with or without notice, for any reason, including violation of these Terms, legal compliance, or protection of other Users, without incurring liability.
8.3 Post-Termination: Upon termination, your license to use the Platform ceases, though provisions relating to intellectual property, liability, and dispute resolution shall survive.
Article 9: Dispute Resolution and Governing Law
9.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [State/Country], excluding its conflict-of-law principles, unless otherwise required by mandatory local law.
9.2 Informal Resolution: Prior to initiating formal proceedings, you agree to attempt resolution of any dispute by contacting us at [email protected] within thirty (30) days of the issue arising.
9.3 Binding Arbitration: Unresolved disputes shall be settled by binding arbitration administered in [City/State] under the rules of [e.g., American Arbitration Association (AAA)], with one arbitrator. No class actions or jury trials are permitted. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.
Article 10: Miscellaneous Provisions
10.1 Amendments: We reserve the right to amend these Terms at our discretion. Material changes will be posted on the Platform with an updated "Last Updated" date, and your continued use thereafter constitutes acceptance.
10.2 No Waiver: Our failure to enforce any provision herein shall not constitute a waiver of such right or provision unless expressly acknowledged in writing.
10.3 Severability: If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain in full force and effect.
10.4 Entire Agreement: These Terms, together with the Community Guidelines and Privacy Policy, constitute the entire agreement between you and us, superseding all prior understandings, whether written or oral.
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Cast Your Line with Confidence!
Perfect Catch is your sea for connection—navigate it wisely under these Terms. For questions, reel us in at [email protected]. Happy fishing!