We are Bernardo Ventura, doing business as Last Cast ("Company," "we," "us," "our"), based in Queensland, Australia.
We operate the website https://thelastcast.app (the "Site"), the mobile application Last Cast (the "App"), and any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Last Cast is a fishing log app that helps anglers track catches, record environmental data, and build their personal fishing history. You can contact us by email at lastcastapp@gmail.com or by mail to Queensland 4558, Australia.
These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Bernardo Ventura, concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, you are prohibited from using the Services and must discontinue use immediately.
We will provide prior notice of any scheduled changes to the Services you use. Changes to these Legal Terms become effective fourteen (14) days after notice is given, except changes required by a court order or security updates, which take effect immediately. By continuing to use the Services after the effective date of any change, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services. We recommend that you keep a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction where such use would be contrary to law or would subject us to any registration requirement. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
We are the owner or licensee of all intellectual property rights in our Services, including source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties around the world, and are provided "AS IS" for your personal, non-commercial use.
Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. Except as set out here, no part of the Services, Content, or Marks may be copied, reproduced, republished, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission. To request permission, email lastcastapp@gmail.com.
Submissions. By sending us any question, comment, suggestion, idea, or feedback about the Services ("Submissions"), you agree that we may use and share that feedback for any lawful purpose without acknowledgement or compensation. This applies to feedback about the Services only; your rights in your own catch photos, logs, and content ("Contributions") are addressed in sections 8 and 9 below.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, and you are at least 18 years old; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use will not violate any applicable law or regulation. If you provide information that is untrue or incomplete, we may suspend or terminate your account.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our reasonable discretion, that it is inappropriate, obscene, or otherwise objectionable.
The Services are currently free to download. If we introduce paid features or subscriptions in the future, you agree to provide current, complete, and accurate purchase and account information for all purchases, and to keep that information up to date so we can complete your transactions and contact you as needed.
Where purchases are made through the Apple App Store or Google Play, those purchases are processed by the relevant platform and are subject to that platform's terms, billing, and refund policies. Prices are inclusive of GST where applicable. We may change prices at any time; a price change will not affect an order already placed.
We may include software for use with our Services. If such software is accompanied by an end-user license agreement ("EULA"), the EULA governs your use. Otherwise, we grant you a non-exclusive, revocable, personal, non-transferable license to use the software solely in connection with the Services and in accordance with these Legal Terms. Except to the extent guarantees apply that cannot be excluded under applicable law (including the Australian Consumer Law), software is provided "AS IS" without warranty of any kind. You may not reproduce or redistribute any software except as permitted by the EULA or these Legal Terms.
You may not access or use the Services for any purpose other than that for which we make them available. As a user, you agree not to:
The Services may invite you to create, submit, post, or display content, including catch logs, text, photographs, and other material (collectively, "Contributions"). Contributions may be viewable by other users where you choose to share them. When you create or make available any Contribution, you represent and warrant that:
Any use of the Services in violation of the above may result in termination or suspension of your access.
You own your Contributions. We do not claim ownership of your catch photos, logs, or other Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with them.
By posting or sharing Contributions, you grant us a non-exclusive, royalty-free, worldwide license to host, store, reproduce, adapt, publish, and display your Contributions solely to the extent reasonably necessary to operate, provide, secure, improve, and promote the Services. We do not sell your Contributions to third parties. Where we wish to feature your Contributions in marketing (for example, showcasing a catch), we will only do so with your permission.
This license ends when you delete a Contribution or your account, except: (a) to the extent you have shared a Contribution publicly and others have copied or stored it; (b) where retention is required to comply with law; or (c) for reasonable backup copies that are not used for any other purpose. We may remove or refuse to display any Contribution at our reasonable discretion, for example where it breaches these Legal Terms.
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless devices you own or control, strictly in accordance with these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, or decrypt the App; (2) make any modification, adaptation, or derivative work from the App; (3) violate applicable laws in connection with your use of the App; (4) remove or obscure any proprietary notice; (5) use the App for any revenue-generating endeavour for which it is not intended; (6) make the App available over a network permitting simultaneous access by multiple devices or users; (7) use the App to create a competing product; (8) use the App to send automated queries or unsolicited commercial email; or (9) use our proprietary information or interfaces in the design or distribution of applications, accessories, or devices.
When you use the App obtained from the Apple App Store or Google Play (each an "App Distributor"): (1) the license granted is limited to a non-transferable license to use the App on a device using Apple iOS or Android, as applicable; (2) we are responsible for providing maintenance and support as required under applicable law; (3) in the event of any failure of the App to conform to an applicable warranty, you may notify the App Distributor, and the App Distributor may refund the purchase price, if any; (4) you represent that you are not located in an embargoed country and are not on a prohibited-parties list; (5) you must comply with applicable third-party terms when using the App; and (6) the App Distributors are third-party beneficiaries of this mobile application license.
You may link your account with third-party accounts by providing your login details or allowing us access as permitted by that provider. By granting access, you understand that we may access and store content you have provided to that account so it is available through the Services, and that your relationship with those third-party providers is governed solely by your agreements with them. You can disconnect a third-party account at any time via your account settings or by contacting us. We will attempt to delete information obtained through that account, except the username and profile picture already associated with your account.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict, or disable any of your Contributions; (4) remove or disable content that is excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property and facilitate their proper functioning.
We care about data privacy and security. Please review our Privacy Policy: https://thelastcast.app/privacy.html. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in Australia. If you access the Services from another region, you understand that your information may be transferred to and processed in Australia.
We respect the intellectual property rights of others. If you believe that any material on the Services infringes a copyright you own or control, please notify us using the contact information below (a "Notification"). A copy of your Notification may be sent to the person who posted the material. You may be liable for damages if you make material misrepresentations in a Notification, so if you are unsure whether material infringes your copyright, consider contacting a lawyer first.
These Legal Terms remain in full force while you use the Services. We reserve the right, in our reasonable discretion and to the extent permitted by law, to deny access to and use of the Services to any person for any lawful reason, including for breach of any representation, warranty, or covenant in these Legal Terms or of any applicable law. We may terminate your use of, or participation in, the Services, or delete your account and any content, at any time.
If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party. We also reserve the right to take appropriate legal action where permitted.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our discretion. We have no obligation to update any information on our Services. We cannot guarantee the Services will be available at all times and may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions or errors. To the extent permitted by law (and subject to your rights under the Australian Consumer Law), we will not be liable for any loss or inconvenience caused by your inability to access or use the Services during any downtime.
These Legal Terms are governed by and construed in accordance with the laws of Queensland, Australia. You and Bernardo Ventura submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, to resolve any dispute arising in connection with these Legal Terms.
To expedite resolution and control costs, the parties agree to first attempt to resolve any dispute, controversy, or claim related to these Legal Terms (a "Dispute") informally for at least thirty (30) days before commencing court proceedings. Informal negotiations begin upon written notice from one party to the other.
If a Dispute cannot be resolved through informal negotiations within thirty (30) days, either party may commence proceedings in the courts of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of those courts. Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court, or from pursuing a complaint with a relevant consumer protection, privacy, or other regulatory authority.
Nothing in this section limits any right you have to bring a claim or complaint under the Australian Consumer Law or other applicable law, or to access any dispute-resolution scheme available to you as a consumer.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update the information on the Services at any time, without prior notice.
To the fullest extent permitted by law, the Services are provided on an "AS-IS" and "AS-AVAILABLE" basis, and your use of the Services is at your sole risk. Except as expressly set out in these Legal Terms, and to the extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy or completeness of the Services' content or of any sites linked to the Services, and we assume no liability for (1) errors or inaccuracies of content; (2) personal injury or property damage resulting from your use of the Services; (3) any unauthorised access to our servers or personal information stored on them; (4) any interruption of transmission to or from the Services; (5) any bugs, viruses, or the like transmitted through the Services by a third party; or (6) any loss or damage of any kind incurred as a result of the use of any content made available via the Services.
To the fullest extent permitted by law, and subject to your rights under the Australian Consumer Law, in no event will we or our directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your use of the Services, even if we have been advised of the possibility of such damages. To the extent our liability cannot be excluded but may be limited, our total liability to you for any cause and regardless of the form of the action will be limited to the greater of the amount paid, if any, by you to us, or the remedies available under the Australian Consumer Law. Certain laws, including the Australian Consumer Law, do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
To the extent permitted by law, you agree to defend, indemnify, and hold us harmless, including our officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable legal fees, made by a third party arising out of: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of a third party's rights, including intellectual property rights; or (6) any harmful act toward another user with whom you connected via the Services. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.
We will maintain certain data that you transmit to the Services in order to manage their performance, as well as data relating to your use of the Services. Although we perform routine backups, you are responsible for all data that you transmit or that relates to your activity using the Services. To the extent permitted by law, we have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, and records, and to electronic delivery of notices and records, to the extent permitted by applicable law.
These Legal Terms and any policies or operating rules we post constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms.
To resolve a complaint regarding the Services or to receive further information about their use, please contact us at: