Terms of Use
These Terms of Use (“Terms”) are a legal agreement between you and Westhaven Holdings LLC (“we,” “us,” or “our”) governing your use of the Size Matters: Fish Enlarger mobile application (the “App”). If you do not agree to these Terms, please do not use the App.
1. Acceptance of Terms
By downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. You also represent that you are at least the age of majority in your jurisdiction, or that you have your parent or guardian’s permission to use the App.
2. License to Use the App
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, for your own personal, non-commercial use, subject to these Terms and the rules of the app store from which you obtained the App.
3. Entertainment Purpose
Size Matters is intended for entertainment and novelty purposes. Any visual “enlargement,” resizing, or enhancement features apply effects to photos and do not represent the actual size, weight, or characteristics of any real-world catch. You agree not to present content created with the App as an accurate measurement in any context where accuracy is required (for example, tournaments, records, or regulatory reporting).
4. Purchases and Subscriptions
The App is free to download and includes a limited number of free resizes. Additional features and unlimited use are available through optional in-app purchases and auto-renewing subscriptions. The following terms apply to all purchases:
- Payment is charged to your Apple ID account at confirmation of purchase.
- Subscriptions automatically renew at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
- You can manage your purchases, turn off auto-renewal, or cancel a subscription at any time in your Apple ID Account Settings after purchase.
- If a free trial is offered, any unused portion is forfeited when you purchase the corresponding subscription.
- Prices are displayed in the App, may vary by region, and may change for future purchases.
- All purchases are processed by Apple and are subject to Apple’s terms. Refunds, where available, are handled by Apple in accordance with its policies.
5. Acceptable Use
You agree not to:
- Use the App for any unlawful, harmful, or fraudulent purpose;
- Reverse engineer, decompile, or attempt to extract the source code of the App, except as permitted by law;
- Interfere with, disrupt, or attempt to gain unauthorized access to the App or its related systems;
- Copy, distribute, or create derivative works of the App except as expressly permitted.
6. Your Content
Any photos or content you create or edit using the App remain yours. You are solely responsible for the content you produce and how you use or share it, and you confirm that you have the rights necessary to use any images you import into the App.
7. Intellectual Property
The App, including its design, branding, name, logos, text, graphics, and software, is owned by Westhaven Holdings LLC or its licensors and is protected by intellectual-property laws. These Terms do not grant you any rights in our trademarks or branding.
8. Disclaimer of Warranties
The App is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components.
9. Limitation of Liability
To the maximum extent permitted by law, Westhaven Holdings LLC and its owners, officers, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising out of or relating to your use of (or inability to use) the App. Our total liability for any claim relating to the App will not exceed the amount you paid for the App in the twelve months preceding the claim, if any.
10. Indemnification
You agree to indemnify and hold harmless Westhaven Holdings LLC from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the App or your violation of these Terms.
11. Changes to the App and Terms
We may modify, suspend, or discontinue the App (or any part of it) at any time. We may also update these Terms from time to time; when we do, we will revise the “Last updated” date above. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.
12. Governing Law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles. Any dispute relating to these Terms or the App will be subject to the exclusive jurisdiction of the state and federal courts located in Wyoming, to the extent permitted by applicable law.
13. Contact Us
Westhaven Holdings LLC
Email: amped.lifespan@gmail.com
1309 Coffeen Avenue, STE 1200
Sheridan, WY 82801, USA