← Back to Home

Terms of Service

Effective Date: January 2025

1. Acceptance of Terms

By downloading, installing, or using Fishing Duck ("the App," "our Service," or "we"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, please do not use our Service.

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age.

2. Description of Service

Fishing Duck is a voice-to-text lead capture application designed for professionals to efficiently collect and manage contact information at conferences, networking events, and business meetings. Our Service includes:

• Voice recognition and transcription for contact capture
• Manual contact input capabilities
• Business card scanning and OCR processing
• Contact storage and synchronization
• Export functionality for captured contacts
• Multi-language support (English and Afrikaans)

3. User Accounts

3.1 Account Creation

To use certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Termination

You may terminate your account at any time through the app settings. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activities.

4. Acceptable Use Policy

4.1 Permitted Use

You may use Fishing Duck for lawful business purposes, including:

• Capturing contact information with consent
• Managing professional relationships
• Organizing business contacts
• Exporting data for legitimate business purposes

4.2 Prohibited Use

You agree NOT to use our Service to:

• Collect personal information without consent
• Violate any privacy laws or regulations
• Harvest or collect email addresses for spam
• Upload malicious code or interfere with the Service
• Attempt to gain unauthorized access to our systems
• Use the Service for any illegal or unauthorized purpose
• Violate any applicable laws in your jurisdiction
• Impersonate another person or entity
• Sell or transfer your account to another party

5. Privacy and Data Protection

5.1 Your Data

You retain all rights to the contact information you capture using our Service. We do not claim ownership of your data.

5.2 Data Responsibility

You are responsible for:

• Obtaining necessary consent before capturing contact information
• Complying with applicable privacy laws (GDPR, POPIA, etc.)
• Ensuring the accuracy of captured information
• Respecting the privacy rights of individuals whose information you capture

5.3 Our Privacy Practices

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6. Intellectual Property Rights

6.1 Our Property

The Service and its original content (excluding user-generated content), features, and functionality are owned by Fishing Duck and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or business use in accordance with these Terms.

6.3 User Content

By using our Service, you grant us a limited license to process and store your content solely for the purpose of providing the Service to you. This includes:

• Storing your contacts in our secure database
• Processing voice recordings for transcription
• Synchronizing data across your devices
• Creating backups for data recovery

7. Third-Party Services

Our Service integrates with third-party services for enhanced functionality:

Service	Purpose	Terms Application
Google Speech-to-Text	Voice transcription	Subject to Google Cloud Terms
OpenAI	Contact extraction	Subject to OpenAI Terms
AWS Services	Infrastructure & storage	Subject to AWS Customer Agreement
AWS Textract	OCR processing	Subject to AWS Service Terms

Your use of these integrated services is subject to their respective terms and policies.

8. Subscription and Payments

8.1 Future Pricing

When we introduce paid subscriptions:

• Pricing will be clearly displayed before purchase
• Subscriptions will auto-renew unless cancelled
• You can cancel anytime before the renewal date
• Refunds will be handled per our refund policy

8.2 Free Tier

We may offer a free tier with limited features. Free tier limitations may include:

• Monthly contact capture limits
• Storage limitations
• Feature restrictions

9. Disclaimers and Limitations

9.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

9.2 Accuracy Disclaimer

While we strive for high accuracy in voice recognition and OCR processing, we cannot guarantee 100% accuracy. You are responsible for reviewing and correcting captured information.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FISHING DUCK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.

Our total liability to you for any damages shall not exceed the amount you paid to us in the twelve (12) months prior to the event giving rise to the liability, or $100 USD, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fishing Duck, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws

11. Modifications to Service and Terms

11.1 Service Changes

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance.

11.2 Terms Updates

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification. Continued use of the Service after changes constitutes acceptance of the modified Terms.

12. Governing Law and Disputes

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through:

1. Good faith negotiation between the parties
2. If negotiation fails, binding arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA)
3. Arbitration shall take place in Cape Town, South Africa

12.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions, class arbitrations, or representative actions.

13. Beta Program Terms

If you participate in our beta program:

• You acknowledge that beta features may be unstable
• You agree to provide feedback and bug reports
• You understand that beta features may be modified or removed
• You accept that data created with beta features may be lost
• You agree to keep beta features confidential until publicly released

14. Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely matches the intent of the original provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Fishing Duck regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

18. Acknowledgment

BY USING THE FISHING DUCK SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.