Tropical island fishing spot in the VR game FISHY
FISHY

Terms and
Conditions

Effective Date:

These Terms and Conditions ("Terms") govern your access to and use of FISHY, a virtual reality video game provided by Enver Studio LLC, a Wyoming limited liability company located at 1301 Coffeen Ave, Sheridan, Wyoming 82801, USA ("Enver", "we", "us" or "our").

These Terms apply to FISHY, any official FISHY website operated by us, related online services, support services and other services that we expressly make subject to these Terms, collectively the "Services".

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND RESPONSIBILITIES.

ARBITRATION NOTICE FOR U.S. USERS: SECTION 23 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVERS. UNLESS YOU TIMELY OPT OUT AS DESCRIBED IN SECTION 23, MOST DISPUTES BETWEEN YOU AND ENVER MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Nothing in these Terms limits any rights that cannot lawfully be excluded or limited under the laws applicable to you.

1. Agreement to these Terms

By downloading, installing, accessing or using FISHY or any other part of the Services, you agree to these Terms and our Privacy Policy.

If you do not agree to these Terms, do not access or use the Services.

If you are under the age of majority where you live, your parent or legal guardian must review and agree to these Terms on your behalf. If you are a parent or legal guardian allowing a minor to use the Services, you agree to these Terms on that minor's behalf and are responsible for supervising their use of the Services to the extent permitted by applicable law.

Additional rules, event terms, promotional terms, community guidelines or policies may apply to particular features of the Services. Where they apply, those additional terms form part of your agreement with us.

2. Eligibility and younger players

FISHY is intended to support a mixed-age audience on Meta Quest, including eligible younger players using Meta's parent-managed account system.

You must be at least the minimum age permitted to use Meta Quest in your country or region. FISHY is not intended for children under 10 years of age.

Where Meta permits children aged 10 to 12, or the equivalent child age category applicable in a user's region, to access Meta Quest through a parent-managed Meta account, those users may access FISHY only through an appropriate parent-managed account and subject to the settings and permissions established by their parent or legal guardian.

Parents and legal guardians are responsible for establishing and managing any required parent-managed Meta account and for reviewing the features made available to their child.

Certain features may differ or be unavailable depending on a user's age category, Meta account type, parental settings, applicable law, device or other platform restrictions. This may include social, communications, matchmaking, friend, invitation, purchasing or other online features.

If we reasonably believe that a user is accessing FISHY in violation of applicable age requirements, Meta requirements or these Terms, we may restrict or terminate access to some or all of the Services.

3. Meta Quest account and platform requirements

FISHY is currently designed to be distributed through Meta Quest.

You may need a valid Meta account and compatible Meta Quest hardware and software to access FISHY. Meta accounts and Meta services are provided and administered by Meta, not Enver, and are subject to Meta's own terms, privacy policies, parental controls and platform rules.

We are not responsible for Meta accounts, Meta services, Meta hardware or any suspension, restriction, outage or other action taken by Meta.

FISHY may receive account information or technical identifiers from Meta where necessary to provide the Services. Our collection and use of personal information is described in our Privacy Policy.

We may maintain a game profile associated with your platform account or other identifier in order to provide features such as gameplay progression, inventory, purchases, settings or multiplayer functionality.

You are responsible for activity carried out using your account or game profile. You must not sell, rent, share or transfer accounts, or permit another person to use an account in a way that violates these Terms or Meta's rules.

4. Privacy

Our Privacy Policy explains how we collect, use, disclose, retain and otherwise process personal information in connection with the Services.

FISHY may contain online and social functionality. Information you communicate or make available to other players through multiplayer or social features may be seen or heard by those players.

Do not share personal information through public or multiplayer features unless you are comfortable with other users receiving that information.

Parents and legal guardians may contact us regarding a child's personal information at:

hi@enverstudio.com

5. License to use FISHY

Subject to your compliance with these Terms, Enver grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use FISHY on compatible devices for your personal, non-commercial entertainment.

FISHY is licensed, not sold.

Except as expressly permitted by these Terms, you may not copy, reproduce, distribute, sell, rent, lease, sublicense, publicly perform, publicly display, modify, translate, reverse engineer, decompile, disassemble or create derivative works from FISHY or any part of the Services, except where applicable law expressly gives you a right to do so that cannot be waived.

No ownership interest in FISHY or any Enver intellectual property is transferred to you.

6. Social and multiplayer features

FISHY may include social and multiplayer features such as public or private multiplayer sessions, matchmaking, rooms or lobbies, voice communications, invitations, friend-related functionality, usernames, reporting tools, muting, blocking or other ways of interacting with players.

The precise features available may change over time.

Social features may be restricted or configured differently for child, teen or adult accounts. Features may also depend on Meta parental controls, Meta platform capabilities and applicable legal requirements.

You acknowledge that multiplayer environments involve interaction with other users whose conduct we cannot fully control.

You should not assume that another player is who they claim to be or that communications from other players are accurate, appropriate or trustworthy.

Parents and guardians should review the social and communications settings available through both FISHY and Meta before allowing a child to participate in multiplayer features.

7. User Content and communications

"User Content" means content or communications that a user creates, transmits, submits, displays or otherwise makes available through the Services, where those features are available. This may include usernames, profile information, room names, text, voice communications, messages, drawings, images, creations or other player-generated material.

You remain responsible for your User Content.

You represent that you have the rights necessary to provide any User Content you make available through the Services and that your User Content does not violate these Terms, applicable law or another person's rights.

To the extent technically necessary to operate the Services, you grant Enver a worldwide, non-exclusive, royalty-free licence to host, reproduce, transmit, display, adapt and otherwise process User Content for the purposes of providing, operating, securing, moderating, maintaining and improving the Services.

This licence does not give Enver a general right to use private player communications for advertising.

If you deliberately submit content to us for a competition, creator programme, promotional campaign or similar activity, additional permissions may apply and will be explained separately.

We do not endorse User Content merely because it appears through the Services.

8. Code of conduct and prohibited behaviour

You may use the Services only for lawful purposes and in accordance with these Terms.

You must not:

  1. harass, bully, threaten, intimidate, stalk or deliberately make another player feel unsafe or unwelcome;
  2. engage in racist, sexist, homophobic, transphobic or other hateful or discriminatory abuse;
  3. use sexually explicit, obscene, exploitative or otherwise inappropriate content or communications;
  4. sexually solicit, groom or exploit a minor, request inappropriate personal information from a minor, or engage in any conduct that could reasonably endanger a child;
  5. encourage self-harm, violence, illegal activity or other dangerous conduct;
  6. impersonate another person, member of Enver staff, moderator, creator or other organisation;
  7. reveal, collect, publish or misuse another person's personal information without permission;
  8. spam, repeatedly disrupt lobbies, intentionally grief other players or materially interfere with another user's enjoyment of the Services;
  9. cheat or obtain an unfair advantage through exploits, modified clients, unauthorised software, scripts, bots, hacks or manipulation of FISHY or its systems;
  10. exploit bugs or vulnerabilities rather than reporting them to us;
  11. circumvent or attempt to circumvent a suspension, ban, restriction, parental control, age restriction or other enforcement measure;
  12. sell, purchase, trade or transfer an account;
  13. access another person's account without permission;
  14. attempt to gain unauthorised access to FISHY, our servers, databases, networks or other systems;
  15. interfere with, overload, disrupt or damage the Services or another person's use of them;
  16. distribute malware, malicious code or other harmful technologies;
  17. reverse engineer, scrape or automatically access the Services except where expressly permitted by law;
  18. infringe another person's intellectual property, privacy, publicity or other legal rights;
  19. use the Services for unauthorised advertising, commercial solicitation, scams, fraud or deceptive activity;
  20. use FISHY or any associated intellectual property to promote unlawful products or services;
  21. use any feature in a manner prohibited by Meta's applicable platform terms or policies; or
  22. encourage, assist or enable another person to do any of the above.

This list is not exhaustive. We may take action against conduct that we reasonably determine creates a safety, security, legal or community risk even if that conduct is not specifically described above.

9. Moderation, reports and enforcement

We want FISHY to provide an enjoyable social environment. We may provide tools that allow users to mute, block or report other players.

We may investigate reports, suspected violations of these Terms, security incidents, cheating, abusive conduct or other behaviour affecting the Services.

Where permitted by law and consistent with our Privacy Policy, we may review information reasonably necessary to investigate a report or enforce these Terms.

We are not required to monitor every player, lobby, conversation or piece of User Content, and the presence of reporting or moderation tools does not mean that all communications are actively reviewed.

We may take enforcement action including:

  • warnings;
  • removal or restriction of content or features;
  • muting or communication restrictions;
  • temporary suspension;
  • removal from particular multiplayer functionality;
  • temporary bans;
  • permanent bans; or
  • other measures reasonably necessary to protect users, Enver, the Services or third parties.

Enforcement decisions may take into account the seriousness, frequency and context of the conduct, previous violations and attempts to evade enforcement.

We may cooperate with Meta, service providers, law enforcement agencies or other authorities where reasonably necessary or legally required.

10. Ban appeals

If you believe that a suspension or ban has been imposed incorrectly, you may appeal by emailing:

hi@enverstudio.com

Please include enough information for us to identify the relevant account and enforcement action.

Submitting an appeal does not guarantee that an enforcement action will be reversed.

We may reject repeated, abusive, fraudulent or substantially identical appeals.

Where a child uses FISHY through a parent-managed account, we may require the child's parent or legal guardian to submit or participate in an appeal.

11. Virtual items, currency and purchases

FISHY may allow you to purchase or obtain digital items, virtual currency, rods, bait, equipment, clothing, cosmetics, upgrades, bundles or other virtual content, collectively "Virtual Items".

Virtual Items are licensed digital content. They are not your property and do not represent money, stored value, securities or any other financial instrument.

Except where we expressly provide a feature allowing it, Virtual Items may not be sold, traded, gifted, exchanged, transferred or redeemed for real-world money, goods or services.

You may not sell or purchase Virtual Items outside authorised FISHY or Meta systems.

Purchases made through Meta are processed under Meta's applicable payment, billing and refund terms. Enver does not control Meta's payment systems.

Prices and availability may vary by country, currency, account type or platform rules.

We may add, remove, modify, rebalance, rename or otherwise change Virtual Items, game economies or gameplay characteristics as FISHY evolves. Where required by applicable consumer law, your mandatory legal rights remain unaffected.

Virtual Items may be seasonal, promotional, limited in availability or otherwise discontinued.

Unless required by law or Meta's applicable refund rules, Virtual Items are not refundable merely because you stop using FISHY, an item is rebalanced, a cosmetic is no longer offered for sale, or your account is suspended or terminated for violating these Terms.

If your access to FISHY is terminated, you may lose access to Virtual Items associated with your game profile.

Virtual Items have no cash value and Enver has no obligation to exchange them for money.

12. Promotions and rewards

From time to time, FISHY may include competitions, challenges, promotional rewards, limited-time events, codes, giveaways or other promotions.

Additional rules may apply to those promotions.

We may cancel, modify or suspend a promotion if technical problems, fraud, abuse or circumstances outside our reasonable control materially affect its proper operation, subject to applicable law.

You may not manipulate, automate, exploit or fraudulently participate in promotions or reward systems.

13. Streaming, videos and gameplay content

We want players to be able to create and share content about FISHY.

Subject to these Terms, we grant you a personal, non-exclusive, revocable licence to record, livestream, edit and publish footage of your own legitimate gameplay through services such as YouTube, Twitch, TikTok, Instagram, Meta platforms, Discord and similar content platforms.

You may monetise legitimate gameplay videos or streams through the ordinary monetisation programmes offered by those platforms.

This permission does not transfer ownership of FISHY, its characters, artwork, music, software, branding or other intellectual property to you.

You must not present your content as officially produced, sponsored or endorsed by Enver unless we have agreed to that relationship.

You are responsible for ensuring that your recordings and streams comply with applicable law, the rules of the platform on which you publish them and the rights of other people who may appear or be heard in your content.

In particular, multiplayer gameplay may include the voices or actions of other players. You are responsible for considering applicable privacy, consent and child-safety requirements before publishing content containing other players.

We may revoke this permission in relation to particular content or uses where reasonably necessary to protect our intellectual property, users, legal rights or business.

Separate rules may apply to commercial productions, merchandise, paid advertising, mods or products substantially derived from FISHY.

14. Intellectual property

FISHY and the Services, including their software, source and object code, gameplay systems, artwork, graphics, animations, designs, environments, characters, fish, items, interfaces, text, sounds, music, audiovisual material, logos, trademarks and other content, are owned by Enver or our licensors and are protected by intellectual property laws.

"FISHY", associated logos and other Enver names, brands and marks may not be used in a way that suggests an official relationship with Enver without our permission.

All rights not expressly granted under these Terms are reserved.

15. Feedback

You may choose to provide us with feedback, suggestions, ideas or recommendations concerning FISHY or the Services.

You agree that we may use, develop, disclose and commercialise that feedback without restriction or obligation to compensate you.

To the extent that you own intellectual property rights in feedback that are necessary for us to use it, you grant us a worldwide, perpetual, irrevocable, transferable, sublicensable and royalty-free licence to use those rights for any purpose.

16. Health and safety

Virtual reality involves physical movement and visual immersion. You are responsible for using FISHY safely.

Always follow the health, safety and boundary instructions provided by Meta and your headset manufacturer.

Seizures and photosensitivity

A small number of people may experience seizures, loss of awareness, eye or muscle twitching, altered vision, involuntary movement or disorientation when exposed to flashing lights, visual patterns or video games, including virtual reality games.

Stop playing immediately if you experience unusual visual symptoms, dizziness, convulsions, disorientation or loss of awareness.

If you or a family member has a history of seizures or epilepsy, seek appropriate medical advice before using virtual reality.

Motion sickness

Virtual reality may cause dizziness, nausea, loss of balance, disorientation, headaches or motion sickness.

Stop playing if you experience these symptoms and do not resume until you have fully recovered.

Do not drive, operate machinery or undertake activities requiring balance or coordination while symptoms continue.

Physical movement and repetitive motion

FISHY may involve repeated arm, hand, wrist, shoulder or body movements, including casting or other fishing-related gestures.

Take regular breaks.

Stop playing if you experience pain, numbness, tingling, stiffness, eye strain, fatigue or other discomfort. Seek appropriate medical advice if symptoms persist.

Your play area

Before using FISHY, make sure that your play area is clear of furniture, walls, windows, stairs, pets, other people, sharp objects, liquids, obstacles and other hazards.

Use the headset's boundary or safety systems where available.

Maintain awareness that virtual events may cause you to react physically. Do not lean against, sit on or grab virtual objects as though they can support your physical body.

Keep enough room around you to move your arms safely.

Do not use FISHY near roads, stairs, balconies, open windows, bodies of water or other hazardous areas.

Awareness and hearing

Keep audio at a level that allows you to remain appropriately aware of your real-world surroundings.

Prolonged exposure to loud audio may damage hearing.

General precautions

Do not use virtual reality when your ability to remain aware of your surroundings is materially impaired by alcohol, recreational drugs, severe fatigue or another condition that makes safe play difficult.

Children should use virtual reality only in accordance with Meta's applicable safety guidance and under appropriate parental supervision.

TO THE FULLEST EXTENT PERMITTED BY LAW, ENVER IS NOT RESPONSIBLE FOR INJURY OR PROPERTY DAMAGE CAUSED BY A USER'S FAILURE TO FOLLOW APPLICABLE SAFETY INSTRUCTIONS OR MAINTAIN A SAFE PHYSICAL PLAY AREA.

17. Third-party services

The Services may interact with or depend upon services supplied by third parties, including Meta, multiplayer and networking providers, analytics providers, website providers, community platforms and other technology vendors.

Third-party services are governed by their own terms and privacy policies.

We do not control and are not responsible for the availability, content, security or practices of third-party services except to the extent responsibility cannot lawfully be excluded.

An official FISHY Discord community may be operated using Discord's services. Use of Discord is also subject to Discord's own terms and policies.

Links to third-party websites or services are provided for convenience and do not necessarily constitute endorsement.

18. Email, mailing lists and community communications

If you choose to subscribe to a FISHY mailing list, we may send you news, updates, announcements or marketing communications in accordance with applicable law.

You may unsubscribe from marketing emails using the unsubscribe mechanism included in the message.

Service-related communications, such as security or legal notices, may not be marketing communications and may still be sent where necessary.

19. Merchandise and other purchases

We may make physical FISHY merchandise available in the future.

Physical merchandise may be sold directly by Enver or through a third-party commerce provider and may be subject to additional terms presented at the time of purchase.

Where additional purchase terms conflict with these Terms regarding a particular transaction, the more specific purchase terms will govern that transaction.

20. Updates and changes to FISHY

FISHY is an evolving online game.

We may introduce, modify, rebalance, update, remove or discontinue maps, fish, equipment, progression systems, multiplayer modes, social functionality, Virtual Items, events or other features.

We may issue patches, bug fixes, security updates and other software updates.

Some updates may be required to continue using FISHY.

We do not guarantee that any particular feature, item, game mode, player population or online service will remain available indefinitely.

Nothing in this section affects rights you may have under mandatory consumer law.

21. Suspension and termination

You may stop using FISHY at any time.

We may restrict, suspend or terminate your access to some or all of the Services where we reasonably determine that:

  • you have violated these Terms;
  • your activity creates a risk to users, Enver or third parties;
  • your account has been compromised;
  • we are required to act by Meta, law enforcement, a court or another competent authority;
  • continued access could create legal, security or technical risk; or
  • the relevant Service is discontinued.

Where appropriate, we may act without prior notice, particularly where immediate action is reasonably necessary for safety, security, fraud prevention or legal compliance.

Following termination, the licence granted to you under these Terms ends.

Sections that by their nature should survive termination, including provisions relating to intellectual property, Virtual Items, disclaimers, liability, dispute resolution and other accrued rights and obligations, will continue to apply.

22. Disclaimers and limitation of liability

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ENVER DOES NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE AVAILABLE, SECURE, ERROR-FREE, UNINTERRUPTED OR FREE FROM HARMFUL COMPONENTS, OR THAT EVERY DEFECT WILL BE CORRECTED.

TO THE FULLEST EXTENT PERMITTED BY LAW, ENVER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU ACKNOWLEDGE THAT ONLINE MULTIPLAYER SERVICES INVOLVE INTERACTIONS WITH OTHER USERS WHO ARE NOT UNDER ENVER'S COMPLETE CONTROL.

WE DO NOT GUARANTEE THE IDENTITY, CONDUCT, STATEMENTS OR SUITABILITY OF OTHER USERS.

TO THE FULLEST EXTENT PERMITTED BY LAW, ENVER AND ITS AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, ENVER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID TO ENVER IN CONNECTION WITH FISHY DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) US $100.

The limitations in this section do not apply where applicable law prohibits them, including where liability cannot lawfully be limited for fraud, intentional misconduct, certain personal injuries or mandatory consumer rights.

If you live in a jurisdiction that does not permit a particular exclusion or limitation, that exclusion or limitation applies only to the maximum extent permitted in your jurisdiction.

23. Arbitration agreement, class action waiver and jury trial waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

23.1 Informal dispute resolution

Before starting arbitration or court proceedings, you and Enver agree to make a good-faith attempt to resolve the dispute informally.

You must send a written notice describing the dispute to:

hi@enverstudio.com

Your notice should include your name, contact information, the nature of the dispute and the resolution you are seeking.

Enver may send a notice to the most recent contact information reasonably associated with you.

The parties will have 30 days after receipt of a complete notice to attempt to resolve the dispute before either party commences arbitration, unless applicable law requires otherwise.

23.2 Agreement to individual arbitration

Except for disputes expressly excluded below, you and Enver agree that any dispute, claim or controversy arising out of or relating to these Terms, the Privacy Policy, FISHY, the Services or your relationship with Enver will be resolved through final and binding individual arbitration rather than a court proceeding.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Arbitration will be administered by JAMS under the applicable JAMS rules in effect when the arbitration is commenced, including applicable consumer arbitration rules.

The arbitrator will have authority to award the same individual remedies that would otherwise be available in court, subject to these Terms and applicable law.

23.3 Exceptions

Either party may bring an eligible individual claim in small claims court.

Either party may seek appropriate injunctive or equitable relief in court concerning actual or threatened infringement, misappropriation or violation of intellectual property rights.

Enver may seek appropriate court relief concerning unauthorised access, cheating, circumvention, attacks on the Services or other conduct threatening the integrity or security of the Services.

Nothing in this arbitration agreement prevents you from making a complaint to a government agency or regulator where applicable law gives you that right.

23.4 No class actions

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ENVER AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

NEITHER YOU NOR ENVER MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION.

23.5 Jury trial waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ENVER WAIVE ANY RIGHT TO A TRIAL BY JURY FOR A DISPUTE SUBJECT TO THIS ARBITRATION AGREEMENT.

23.6 Arbitration procedure and location

Arbitration may be conducted remotely by video conference, telephone or document submission where permitted by the applicable JAMS rules.

If an in-person hearing is required, its location will be determined in accordance with the applicable JAMS consumer rules, taking reasonable account of the user's place of residence and applicable law.

23.7 Arbitration fees

Payment of filing, administration and arbitrator fees will be governed by the applicable JAMS rules and applicable law.

Nothing in these Terms requires a consumer to pay fees that applicable law would prohibit.

23.8 Right to opt out

You may opt out of this arbitration agreement by sending written notice to:

hi@enverstudio.com

Your notice must be sent within 30 days after the date you first accept these Terms.

The notice must clearly state that you wish to opt out of the FISHY arbitration agreement and must include enough information to reasonably identify you and the relevant account.

Opting out of arbitration does not affect the remainder of these Terms.

23.9 Users outside the United States

If you are a consumer outside the United States, this Section 23 applies only to the extent permitted by the mandatory laws of the country in which you live.

Nothing in these Terms deprives you of mandatory consumer protection rights or access to courts, tribunals or regulators that applicable law does not permit you to waive.

24. Governing law

Subject to Section 23 and any mandatory consumer laws applicable to you, these Terms and any dispute arising from them are governed by the laws of the State of Wyoming and applicable United States federal law, without regard to conflict-of-law principles.

For disputes that are not required to be arbitrated and may properly be heard in court, you and Enver consent to the jurisdiction of the state and federal courts located in or having jurisdiction over Sheridan County, Wyoming, except where applicable consumer law gives you the right to bring proceedings elsewhere.

25. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Enver and its affiliates, officers, directors, employees, contractors, agents, licensors and service providers from claims, liabilities, damages, losses and reasonable costs arising from:

  • your material violation of these Terms;
  • your unlawful use of the Services;
  • User Content you submit in violation of another person's rights; or
  • your infringement or violation of a third party's legal rights.

This section does not apply to the extent prohibited by applicable consumer law.

Where these Terms are accepted by a parent or legal guardian on behalf of a minor, this section applies only to the extent permitted by applicable law.

27. Changes to these Terms

We may update these Terms from time to time to reflect changes to FISHY, our business, applicable law, platform requirements, safety practices or other circumstances.

When we update the Terms, we will revise the effective date above.

Where a change is material, we may provide additional notice through FISHY, our website, email or another appropriate method.

Where required by law, we will obtain consent before a change becomes binding.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

28. Changes or discontinuation of the Services

We may suspend, withdraw or discontinue some or all of the Services.

Where reasonably practicable, we may provide advance notice of a material discontinuation.

We are not required to maintain FISHY or any particular feature indefinitely, subject to any obligations imposed by applicable law.

29. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

Enver may assign these Terms as part of a merger, acquisition, corporate reorganisation, sale of assets or similar transaction, or to an affiliate, subject to applicable law.

30. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

31. No waiver

If we do not enforce a provision of these Terms on one occasion, that does not waive our right to enforce it later.

32. Entire agreement

These Terms, our Privacy Policy and any additional terms expressly incorporated into them form the agreement between you and Enver concerning the Services and supersede prior agreements concerning the same subject matter.

33. Contact

FISHY is provided by:

Enver Studio LLC1301 Coffeen AveSheridan, Wyoming 82801USA

General, legal, privacy and ban appeal enquiries:

hi@enverstudio.com