Legal Terms and Conditions for Fish On Canada App

Last Updated: June 7, 2025

Please read these Terms and Conditions (“Terms”) carefully before using the Fish On Canada mobile application (the “App”) operated by Senex Technologies Inc. (“us”, “we”, or “our”).

Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the App.

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the App.

1. Definitions

App: Refers to the Fish On Canada mobile application.

User/You: Refers to any individual who accesses or uses the App.

Content: Refers to any data, text, graphics, photos, audio, video, information, or other materials uploaded, downloaded, or appearing on the App.

Services: Refers to the functionalities and features offered by the App, including but not limited to, fishing log, catch reporting, species identification, mapping, community features, and regulatory information.

Personal Information: Information that can be used to identify an individual, as defined by applicable Canadian privacy laws (e.g., PIPEDA, provincial privacy legislation).

Intellectual Property: Refers to all patents, trademarks, copyrights, trade secrets, and other proprietary rights.

2. Eligibility

By using the App, you represent and warrant that you are at least 13 years of age. If you are under the age of majority in your province/territory of residence, you must have the permission of a parent or legal guardian to use the App, and your parent or legal guardian agrees to be bound by these Terms.

3. Account Registration and Security

a. To access certain features of the App, you may be required 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 the password that you use to access the App and for any activities or actions under your password, whether your password is with our Service or a third-party service. c. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. d. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof) if you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.

4. Use of the App and Conduct

a. You agree to use the App only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the App. b. You agree not to: i. Upload, post, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. ii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. iii. Upload, post, or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). iv. Upload, post, or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. v. Upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. vi. Upload, post, or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. vii. Interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies, or regulations of networks connected to the App. viii. Collect or store personal data about other users without their express consent. ix. Engage in any activity that could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App.

5. User-Generated Content

a. You retain ownership of any Content you submit, post, or display on or through the App. b. By submitting, posting, or displaying Content on or through the App, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content in connection with the operation of the App and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels. c. You represent and warrant that: (i) you own the Content submitted by you or otherwise have the right to grant the license set forth in this section; and (ii) the posting and use of your Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person. d. We reserve the right to remove any Content that we, in our sole discretion, deem to be in violation of these Terms or harmful to the App or its users. e. Important Note on Fishing Regulations: While the App may provide information regarding fishing regulations, this information is for general guidance only and may not always be up-to-date or complete. You are solely responsible for knowing and adhering to all applicable federal, provincial, and territorial fishing regulations, including but not limited to, licensing requirements, catch limits, size restrictions, season dates, and approved fishing methods. Ignorance of regulations is not an excuse for non-compliance. Fish On Canada disclaims all liability for any fines, penalties, or legal action resulting from your failure to comply with fishing regulations.

6. Intellectual Property Rights

a. The App and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Senex Technologies Inc. and its licensors. b. The App is protected by copyright, trademark, and other laws of both Canada and foreign countries. c. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Senex Technologies Inc. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the App are the property of their respective owners.

7. Termination

a. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. b. Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App. c. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimers

a. “AS IS” and “AS AVAILABLE”: Your use of the App is at your sole risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. b. No Warranty of Accuracy: Senex Technologies Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the App will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements. c. Geographic Information & Mapping: Any geographic information, maps, or points of interest displayed on the App are for general informational purposes only and should not be relied upon for navigation, safety, or legal boundaries. Always consult official charts, government resources, and exercise caution when in outdoor environments. d. Environmental and Safety Risks: Fishing and outdoor activities inherently involve risks, including but not limited to, personal injury, property damage, and environmental hazards. You assume all risks associated with your activities and agree to use the App responsibly and in conjunction with your own judgment and safety precautions. e. No Professional Advice: The App does not provide professional advice, including but not limited to, legal, safety, or environmental advice. You should seek independent professional advice where appropriate.

9. Limitation of Liability

In no event shall Senex Technologies Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, 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, and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Indemnification

You agree to defend, indemnify, and hold harmless Senex Technologies Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password; b) a breach of these Terms; or c) Content posted by you on the App.

11. 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.

Any legal action or proceeding arising under these Terms will be brought exclusively in the provincial and federal courts located in Hamilton, Ontario  Canada, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

12. Dispute Resolution

a. Informal Resolution: Most concerns can be resolved quickly by contacting us at support@fishoncanada.ca.

b. Mediation (Optional): If a dispute cannot be resolved informally, the parties agree to attempt to resolve the dispute through non-binding mediation with a mutually agreed-upon mediator. c. Binding Arbitration (Optional, consider carefully with legal counsel): Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Canadian Arbitration Association Commercial Arbitration Rules. The place of arbitration shall be Hamilton Ontario, Canada. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding upon the parties.

13. Changes to These 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 try to 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, please stop using the App.

14. 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. Please review our Privacy Policy at fishoncanada.ca/privacy-policy to understand our practices.

15. 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.

16. Entire Agreement

These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have between us regarding the App.

17. Contact Us

If you have any questions about these Terms, please contact us:

By email: support@fishoncanada.ca or by visiting this page on our website: fishoncanada.ca/contact-us