Terms of Use

1. Agreement

These Terms of Use ("Terms") are an agreement between you and Fishybear, LLC ("Fishybear," "we," "us") for use of the holr apps and holr.in (the "Service"). By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use holr.

2. Who can use holr

• You must be at least 13 years old.
• If you are under 18, you need permission from a parent or guardian, who agrees to these Terms for you.
• You may not use holr if you were previously banned or if the law prohibits it.

3. Your account

• You sign in with Apple or email. Keep your login secure.
• You are responsible for activity on your account.
• Do not impersonate anyone or create accounts to get around a ban.
• You can delete your account anytime in the app.

4. How holr works

holr is a public, location-based chat. Posts you make are visible to people nearby and to people using Listen to browse that area. Memories stay at a place for future visitors. Do not post anything you want to keep private.

5. Community rules

You agree not to post or do anything that:

• Harasses, bullies, threatens, or intimidates anyone.
• Promotes hate or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or similar traits.
• Is sexually explicit, or sexualizes minors in any way.
• Promotes violence, self-harm, terrorism, or illegal activity.
• Shares someone else's private information, including where they live or are right now.
• Is spam, scams, or misleading commercial content.
• Infringes someone's copyright, trademark, or other rights.
• Hacks, scrapes, overloads, fakes location, or otherwise interferes with the Service.

6. Reporting, blocking, and moderation

• You can report any post or user and block any user from inside the app.
• We review reports and act on objectionable content, typically within 24 hours, by removing the content and removing the user who posted it when appropriate.
• We may remove content or suspend accounts at our discretion, with or without notice.

7. Your content

You own what you post. You give Fishybear a worldwide, non-exclusive, royalty-free license to host, store, display, and distribute your content to operate and promote the Service. This license ends when you delete the content or your account, except where others have already interacted with it or we must keep it for legal reasons. You confirm you have the rights to what you post.

8. Safety

• Never use holr while driving.
• Use caution meeting anyone in person. We do not screen users.
• Location data may be imperfect. Do not rely on holr for emergencies. Call 911 or local emergency services.

9. In-app purchases

• holr is free to download. Optional in-app purchases (such as tips and Drops) are sold through Apple or Google and are subject to their terms.
• Prices are shown before you buy. Purchases are final except as required by law or the app store's refund policy. Request refunds through Apple or Google.
• Virtual items have no cash value and cannot be transferred or exchanged.

10. Our intellectual property

The holr app, name, logo, and design belong to Fishybear. We grant you a limited, personal, non-transferable, revocable license to use the app for personal, non-commercial use. Do not copy, modify, reverse engineer, or resell it.

11. Copyright complaints

If you believe content on holr infringes your copyright, email holr.info@gmail.com with: your contact info, the work, the content's location, a statement of good-faith belief, a statement under penalty of perjury that your notice is accurate and you are authorized, and your signature.

12. Third-party services

holr uses services from Apple, Google (including Firebase), and others. We are not responsible for their services or content.

13. Termination

You can stop using holr and delete your account anytime. We may suspend or end your access if you break these Terms or to protect users or the Service. Sections that by their nature should survive (such as 7, 14, 15, 16, and 17) survive termination.

14. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the Service will be uninterrupted, error-free, or accurate. We are not responsible for content posted by users.

15. Limitation of liability

To the fullest extent allowed by law, Fishybear will not be liable for any indirect, incidental, special, consequential, or punitive damages, or lost profits or data. Our total liability for any claim will not exceed the greater of the amount you paid us in the 12 months before the claim or $50.

Some places do not allow these limits, so they may not fully apply to you.

16. Indemnity

You agree to defend and hold Fishybear harmless from claims arising from your content, your use of the Service, or your violation of these Terms or the law.

17. Governing law and disputes

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Pinellas County, Florida, and you consent to their jurisdiction. Either party may bring a qualifying claim in small claims court. If you live in the EU or UK, you keep any protections of your local consumer law.

18. Changes

We may update these Terms. If changes are significant, we will notify you in the app before they take effect. Continuing to use holr means you accept the updated Terms.

19. Apple App Store terms

If you downloaded holr from the Apple App Store:

• These Terms are between you and Fishybear only, not Apple. Fishybear, not Apple, is responsible for the app and its content.
• Your license is limited to use on Apple-branded products you own or control, as allowed by the App Store Usage Rules.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation.
• Fishybear, not Apple, is responsible for any claims relating to the app, including product liability, legal or regulatory compliance, and consumer protection claims.
• Fishybear, not Apple, is responsible for investigating and resolving any claim that the app infringes a third party's intellectual property.
• You confirm you are not in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

20. General

These Terms and the Privacy Policy are the entire agreement between you and Fishybear about the Service. If any part is unenforceable, the rest stays in effect. Our failure to enforce a term is not a waiver. You may not transfer these Terms. We may transfer them as part of a merger, acquisition, or sale.

21. Contact

Fishybear, LLC
12955 Strakey Rd. STE 3900, Largo, FL 33773
holr.info@gmail.com