SpotNavTerms of Use
These Terms of Use govern the use of the SpotNav app by krk:services GmbH, Fliederweg 25a, 48499 Salzbergen, Germany (legal notice, in German). They apply as soon as you install and use the app. The terms of the store from which you downloaded the app (Apple App Store or Google Play) apply in addition. This is an English translation of the German version; in case of discrepancies, the German version prevails.
1. What SpotNav is
SpotNav saves your fishing spots with GPS position, photo and note and helps you find them again using the map, compass and camera view. The free version allows a limited number of spots and shows ads. SpotNav Premium removes the limit and the ads and unlocks further features such as stats, export and backup. The current scope of both versions is shown in the app and on its store page.
2. Licence
You receive a simple, non-transferable right to use the app for private purposes on devices that you own or control, within the rules of your store. You may not modify, decompile, copy, sell, rent or let third parties use the app unless the law expressly allows it (Sections 69d and 69e of the German Copyright Act, UrhG). All rights in the app, its design and the name SpotNav remain with us.
3. Your data and backups
The app stores spots, photos, notes and waters only on your device. There is no user account and no cloud synchronisation by us. This also means: if you delete the app or switch, reset or lose your device, this data is gone unless you have a backup. Make your own device backup (for example iCloud Backup or Google backup) if your spots matter to you. We cannot recover lost data.
How the app handles your data is explained in the Privacy Policy.
4. SpotNav Premium (yearly subscription and Lifetime)
SpotNav Premium is available as a yearly subscription or as a one-off purchase (“Lifetime”). Both unlock the same features.
- Products and prices: The yearly subscription costs €19.99 per year and Lifetime €49.99 one-off, each including VAT (prices for Germany; in the UK £17.99 and £44.99, in Switzerland CHF 19.00 and CHF 49.00). In other countries, the price shown in the store applies in the local currency. The price the store shows you before purchase is always decisive.
- Free trial: If you take out the yearly subscription for the first time, the first 14 days are free. The store checks and shows whether you are eligible for the offer when you buy. If you cancel at least 24 hours before the trial ends, you pay nothing. Otherwise, the yearly price is charged when the trial ends. There is no trial for Lifetime.
- Purchase and payment: You buy Premium through the Apple App Store or Google Play. Payment is made with the payment method stored in your store account. The store's terms also apply to purchase, billing and refunds.
- Automatic renewal (yearly subscription): The subscription renews automatically for another year unless you cancel it at least 24 hours before the end of the current period. The amount is charged to your store account within 24 hours before the end of the period.
- Cancellation (yearly subscription): You can cancel at any time: on iPhone under “Settings” › your name › “Subscriptions”, on Android in the Google Play app under “Payments & subscriptions” › “Subscriptions”. Cancellation takes effect at the end of the paid period; until then you can keep using Premium. Deleting the app does not end the subscription.
- Lifetime: Lifetime is a one-off purchase with no subscription and no renewal; Premium stays unlocked permanently. The purchase applies to the platform on which you made it: Lifetime bought in the Apple App Store cannot be transferred to Android (Google Play), and vice versa. On other devices you restore it with “Restore purchases” if you use the same Apple ID there (on Google Play, the same Google account).
- Price changes and existing customers: We may change the prices for new purchases. If you bought earlier, you keep your price: a running yearly subscription renews at its existing price as long as it continues without a break, and a Lifetime purchase is paid for anyway. If you cancel and subscribe again later, the price current at that time applies.
- New device: With “Restore purchases” you unlock Premium (yearly subscription or Lifetime) on another device if you use the same store account there.
5. Right of withdrawal
As a consumer, you can withdraw from the subscription within 14 days without giving reasons. The period starts on the day the contract is concluded, that is, with the purchase confirmation in the store. A clear statement is enough to withdraw, for example by email to info@krk.services.
Because Apple or Google handle the purchase, refunds are also made through the store. The fastest way is directly there: with Apple via reportaproblem.apple.com, with Google Play via Google Play's refund function. If you withdraw with us, we pass your withdrawal on to the store or refund ourselves where we can.
If you asked for Premium to be unlocked during the withdrawal period and then withdraw, you owe a proportionate amount for the time until withdrawal; during the free trial this costs you nothing.
6. Not a substitute for navigation or safety equipment
SpotNav helps you find fishing spots again, nothing more. How precisely this works depends on GPS reception, your device, compass calibration, weather and surroundings; deviations of several metres are normal. The app is not a substitute for navigation, rescue or safety equipment and is not intended for navigating boats or for emergencies.
At the water, you are responsible: watch your surroundings, currents and weather, follow the rules of the water and of fishing law (permits, closed seasons, access and night-fishing rules) and do not operate the app while driving a vehicle or boat.
7. Availability, changes, third-party services
We keep developing the app and may change, add or discontinue features, for example when operating systems, stores or integrated services change. The map comes from Google Maps; availability, coverage and display depend on Google and your internet connection. The Google Maps Additional Terms of Service apply to use of the map. We do not owe uninterrupted availability, any particular map coverage or compatibility with every device or operating system version.
If an essential Premium feature is permanently discontinued, you can cancel your subscription; for the already paid period in which the feature is missing, we refund proportionately.
8. Liability
- We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act and where we have given a guarantee.
- For slight negligence, we are liable only if we breach an essential contractual obligation, that is, an obligation whose fulfilment makes use of the app possible in the first place and on whose fulfilment you may rely. In that case, liability is limited to the foreseeable damage typical of the contract.
- For the free version, we are otherwise liable only for intent and gross negligence (by analogy with Sections 521 and 599 of the German Civil Code, BGB).
- For loss of data, we are liable only to the extent that the loss would also have occurred with regular backups (see section 3).
9. Additional terms for Apple devices
If you download SpotNav from the Apple App Store, the following also applies:
- These Terms of Use are concluded between you and us, not with Apple. We alone are responsible for the app and its content.
- The licence is limited to Apple devices that you own or control, in accordance with the usage rules of the Apple Media Services Terms; use through Family Sharing remains unaffected.
- We alone provide maintenance and support; Apple has no obligation to do so.
- We alone are responsible for any warranties. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you; beyond that, Apple has no warranty obligation.
- Claims relating to the app, for example product liability claims, claims that the app fails to conform to legal or regulatory requirements, or consumer protection claims, are addressed to us, not to Apple.
- If a third party claims that the app infringes its intellectual property rights, we are responsible for the investigation, defence and settlement.
- You represent that you are not located in a country subject to a US government embargo and are not on any US government list of prohibited or restricted parties.
- Questions and complaints go to krk:services GmbH, Fliederweg 25a, 48499 Salzbergen, Germany, info@krk.services.
- When using the app, you comply with applicable third-party terms, such as the Google Maps terms.
- Apple and its subsidiaries are third-party beneficiaries of these Terms of Use and may enforce them against you.
If you download SpotNav from Google Play, the Google Play Terms of Service apply in addition.
10. Changes to these terms
We may change these terms for the future when the app, the legal situation or the stores' requirements change. We inform you of material changes in the app or through the store before they take effect. For a current subscription, changes apply at the earliest from the next renewal; if you do not agree, you can cancel before then.
11. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you habitually reside in another country, the mandatory consumer protection rules of that country remain unaffected.
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German Consumer Dispute Resolution Act, VSBG).
These terms are also available in German and Dutch; in case of discrepancies, the German version prevails.