End User License Agreement (EULA)

End User License Agreement (EULA) for Fish On Canada App Subscriptions

Last Updated: August 18, 2025

Please read this End User License Agreement (“Terms”) carefully before using the Fish On Canada mobile application and its associated subscription services (collectively, the “App”). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to all the Terms, you may not access or use the App.

1. Acceptance of Terms
This is a legally binding agreement between you (“User,” “you,” or “your”) and Senex Technologies Inc., a company incorporated under the laws of Ontario, with its principal place of business at Ayr, Ontario (“Fish On Canada,” “we,” “us,” or “our”). These Terms govern your use of the App, including any content, functionality, and services offered on or through the App.

2. Eligibility
You must be at least 13 years old to use the App and subscribe to our services. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.

3. Account Registration and Security
a. To access certain features and subscription services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
b. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

4. Subscription Services
a. Subscription Plans: Fish On Canada offers various subscription plans (e.g., monthly, annual) that provide access to enhanced features and content within the App. Details of each plan, including pricing, features, and billing cycles, will be presented to you at the time of purchase.
b. Auto-Renewal: ALL SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. By purchasing a subscription, you authorize Fish On Canada (or our third-party payment processor) to charge your payment method on a recurring basis until you cancel.
c. Billing and Payment:
i. You agree to pay all fees and applicable taxes associated with your chosen subscription plan.
ii. Payments will be charged to the payment method you provide. You represent and warrant that you have the legal right to use the payment method provided.
iii. All payments are non-refundable except as expressly stated in these Terms or as required by applicable Canadian consumer protection laws.
d. Price Changes: We reserve the right to change our subscription prices at any time. We will provide you with reasonable advance notice (e.g., 30 days) of any price changes. If you do not agree to the new prices, you may cancel your subscription before the new prices take effect. Continued use of the App after a price change constitutes your acceptance of the new price.
e. Free Trials/Promotional Periods: We may offer free trial periods or promotional subscriptions. At the end of any free trial or promotional period, your subscription will automatically convert to a paid subscription at the then-current rate unless you cancel before the trial/promotion ends. We will notify you of the end date of the trial/promotion and the terms of the subsequent paid subscription.

5. Cancellation and Refunds
a. Cancellation by User: You may cancel your subscription at any time through your App Store settings, or by contacting customer support at support@fishoncanada.ca. Your cancellation will take effect at the end of your current billing period. You will continue to have access to the subscription features until the end of your current billing period.
b. No Pro-Rated Refunds: Unless otherwise required by provincial consumer protection laws (e.g., the Consumer Protection Act in Ontario may grant certain cooling-off periods or refund rights in specific circumstances), we do not provide pro-rated refunds for cancellations made mid-billing period.
c. Refunds for Defects/Non-Performance: If the App or subscription service is materially defective or does not perform substantially as described, you may be entitled to a refund or other remedies as required by applicable consumer protection laws in your province/territory. Please contact our customer support at support@fishoncanada.ca with details of your issue.
d. Unfair Practices and Consumer Protection: We are committed to complying with all applicable federal and provincial consumer protection laws, including those regarding unfair practices, misleading advertising, and automatic renewals. Your rights under such laws are not limited or waived by these Terms.

6. User Conduct
You agree to use the App only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the App by, any third party. Prohibited conduct includes, but is not limited to:
a. Using the App for any illegal or unauthorized purpose.
b. Attempting to gain unauthorized access to the App, other user accounts, or computer systems or networks connected to the App.
c. Interfering with or disrupting the integrity or performance of the App.
d. Posting or transmitting any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
e. Using any automated system, including without limitation “robots,” “spiders,” or “offline readers,” to access the App in a manner that sends more request messages to the Fish On Canada servers than a human can reasonably produce in the same period by using a conventional web browser.

7. Intellectual Property
All content, features, and functionality within the App, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Fish On Canada or its licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, subject to these Terms.

8. Privacy Policy
Your use of the App is also governed by our Privacy Policy, which outlines how we collect, use, and disclose your personal information. By using the App, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy, available at fishoncanada.ca/privacy-policy. We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and similar provincial privacy legislation.

9. Disclaimers
THE APP AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. FISH ON CANADA DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FISH ON CANADA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (III) ANY CONTENT OBTAINED FROM THE APP; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification
You agree to defend, indemnify, and hold harmless Fish On Canada and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Content, any use of the App’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.

12. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Hamilton, Ontario to resolve any dispute arising out of or relating to these Terms or the App.

13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.

14. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Fish On Canada on the App, constitute the entire agreement between you and Fish On Canada concerning your use of the App.

16. Contact Information
If you have any questions about these Terms, please contact us at:
Email: support@fishoncanada.ca