This Agreement is entered into between you, the individual accessing or using the Goldfish application (“User,” “you,” or “your”), and the Goldfish development team, currently operating as an unincorporated student project (“Goldfish,” “we,” “us,” or “our”). Upon formation of a legal entity, this Agreement will be amended to identify the successor entity, which will assume all rights and obligations hereunder without requiring re-acceptance by existing Users, except where material changes otherwise require notice under Section 16.
By accepting these Terms, you represent and warrant that: (a) you are at least 13 years of age; (b) if you are between 13 and 17 years of age, your parent or legal guardian has read, understood, and accepted these Terms on your behalf; (c) you have the legal capacity to enter into a binding agreement; and (d) your use of the App does not violate any applicable law or regulation.
If you are accepting these Terms on behalf of a minor in your care, you represent that you are the minor's parent or legal guardian and that you accept personal responsibility for the minor's compliance with these Terms and for any consequences arising from the minor's use of the App.
Goldfish is a social productivity platform designed for students. The Service enables users to record timelapse video sessions of their study and work activities, share those sessions with the Goldfish community, track personal study habits and analytics over time, and engage with other users' productivity content. Goldfish is designed to function analogously to social fitness platforms, applied to academic productivity.
Current and anticipated features include, without limitation: timelapse video recording, capture, and upload; a social feed displaying user productivity sessions; follow, reaction, and engagement mechanics; personal study statistics, habit tracking, and analytics dashboards; user profiles incorporating optional academic and career information; and future premium, institutional, and advertiser-facing functionality.
We reserve the right to add, modify, suspend, or permanently discontinue any feature, function, or aspect of the Service at any time, with or without notice, and without liability to you. Our obligation to provide any specific feature is expressly disclaimed.
You agree to provide accurate, complete, and non-misleading information at registration and to maintain the accuracy of that information throughout your use of the Service. Misrepresentation of identity, age, or any other account information is grounds for immediate termination and may subject you to legal liability.
You are solely responsible for maintaining the confidentiality of your credentials and for all activities occurring under your account, whether or not authorized by you. You agree to notify us immediately at get.goldfish.focus@gmail.com upon any actual or suspected unauthorized access to your account. To the maximum extent permitted by law, we disclaim liability for losses arising from your failure to maintain credential security.
Each User may maintain only one active account. Creation of multiple accounts — including to evade suspension, circumvent data controls, or misrepresent identity — constitutes a material breach of this Agreement. We reserve the right to merge, suspend, or terminate duplicate accounts without notice.
By using the Service, you acknowledge, understand, and expressly consent to our collection, storage, and processing of the following categories of personal information:
You may voluntarily submit the following categories of optional profile information (“Optional Profile Data”). Submission is not required to use the core features of the Service. However, you acknowledge that Optional Profile Data is collected for purposes that include potential commercial data partnerships as described in Section 6.3, and you should not submit Optional Profile Data that you are not willing to have retained, processed, and potentially shared with third-party commercial partners:
You represent that any Optional Profile Data you submit is accurate and truthful. You agree not to submit falsified academic records, fabricated credentials, or misleading professional information. Submission of materially false Optional Profile Data may result in account termination and could expose you to liability to third parties who rely on such data.
Goldfish uses Supabase, Inc. (“Supabase”) as its primary backend database and infrastructure provider. By using the App, you acknowledge that your personal data, including session content and Optional Profile Data, is stored and processed on Supabase's servers and subject to Supabase's security practices and infrastructure agreements. Supabase's privacy policy is available at supabase.com/privacy.
We maintain a data processing relationship with Supabase consistent with applicable data protection law. We do not, however, guarantee that Supabase's infrastructure will be free from breach, unauthorized access, or data loss, and we are not liable for security failures attributable to Supabase's infrastructure beyond our reasonable control.
We implement commercially reasonable administrative, technical, and physical safeguards designed to protect your data from unauthorized access, alteration, disclosure, or destruction. These safeguards include access controls, encryption in transit, and periodic security reviews.
No method of data transmission or electronic storage is completely secure. We expressly disclaim any guarantee of absolute data security. In the event of a data breach that triggers applicable notification obligations, we will notify affected users in accordance with applicable law.
We retain personal data for so long as your account is active or as needed to provide the Service, comply with legal obligations, resolve disputes, and enforce our agreements. You may request deletion of your account and associated personal data at any time pursuant to Section 19. Certain data may be retained in de-identified or aggregated form indefinitely.
We use your data to operate, maintain, secure, and improve the Service; to generate your personal study analytics and habit statistics; to personalize your in-app experience and content feed; to conduct internal research, testing, and product development; to communicate with you as described herein; and to comply with applicable legal obligations.
We do not currently sell, rent, or license your individually identifiable personal data to third-party commercial partners or advertisers. We share data with third-party service providers — including Supabase and analytics, email delivery, and infrastructure vendors — solely to the extent necessary for them to provide services to us, and subject to confidentiality and data processing obligations.
By accepting these Terms, you provide advance informed consent to this future data commercialization, subject to the following conditions:
We may disclose your personal data to: (a) law enforcement, government agencies, or regulators when required by applicable law, subpoena, court order, or legal process; (b) third parties when necessary to prevent fraud, protect the safety of any person, or enforce this Agreement; or (c) legal counsel and advisors in connection with actual or threatened litigation.
In connection with any merger, acquisition, asset sale, financing, or reorganization involving Goldfish, your personal data may be transferred to the acquiring or successor entity as a business asset. You will be notified of any such transfer via your registered email address, and if the acquiring entity intends to use your data in a manner materially inconsistent with this Agreement, you will be given the opportunity to delete your account prior to the transfer taking effect.
By accepting these Terms and registering your email address, you consent to receive the following categories of communications from Goldfish and, following the launch of the data monetization program, from Data Partners who have obtained your contact information through us:
You may opt out of non-essential marketing communications at any time via the unsubscribe mechanism in any email or through your account settings. Opt-out will not affect service-critical communications.
Subject to the license granted herein, you retain all ownership rights in and to the original timelapse videos, session recordings, and other content you independently create and upload to the Service (“User Content”). These Terms do not transfer ownership of User Content to Goldfish.
By submitting User Content to the Service, you grant Goldfish a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide, sublicensable, and transferable license to use, reproduce, store, process, modify, adapt, display, distribute, transmit, and create derivative works from your User Content, in any media or format now known or hereafter developed, solely for the purposes of: (a) operating and providing the Service; (b) generating analytics and statistics; (c) improving, developing, and testing the Service; and (d) marketing and promoting the Service, including use of anonymized or attributed session content in promotional materials.
By submitting User Content, you represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to grant the foregoing license; (b) the User Content does not infringe the intellectual property, privacy, or publicity rights of any third party; (c) the User Content complies with these Terms and all applicable law; and (d) the User Content does not contain any personally identifiable information of third parties submitted without their consent.
You agree not to submit User Content that:
We have no obligation to monitor User Content but reserve the right — without obligation — to review, remove, disable access to, or modify any User Content at any time, at our sole discretion, without notice or liability.
All rights, title, and interest in and to the Goldfish App and Service — including its source code, object code, architecture, algorithms, user interface design, visual assets, trademarks, trade names, service marks, and all original non-user-generated content — are owned by or licensed to Goldfish and are protected by applicable intellectual property law. Nothing in these Terms transfers any ownership interest in Goldfish's intellectual property to you.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the App solely for its intended personal and educational purposes.
You expressly agree not to: (a) copy, reproduce, distribute, or publicly display any portion of the App; (b) modify, adapt, translate, or create derivative works based on the App; (c) reverse engineer, decompile, disassemble, or attempt to derive the source code of the App; (d) remove, alter, or obscure any proprietary notices within the App; (e) use the App to develop a competing product or service; or (f) sublicense, sell, resell, transfer, or otherwise commercialize the App or access thereto.
If you provide us with feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize such Feedback without compensation or attribution to you.
The Service is not directed to children under 13 years of age. We do not knowingly collect personal information from users under 13. If we obtain actual knowledge that a user is under 13, we will immediately suspend the account, cease collection of that user's data, and delete previously collected data to the extent feasible. If you believe a child under 13 has created an account, notify us immediately at get.goldfish.focus@gmail.com.
Users between the ages of 13 and 17 may use the Service only with verifiable parental or legal guardian consent. By permitting a minor to register or use Goldfish, the consenting parent or guardian: (a) accepts these Terms in full on the minor's behalf; (b) assumes full responsibility for the minor's compliance with these Terms; (c) acknowledges the data collection and future monetization practices described herein; and (d) accepts that their consent encompasses the future data partnership program described in Section 6.3, subject to the minor exclusion set forth in Section 9.3.
Optional Profile Data (Section 4.2) submitted by a user who is under 18 years of age at the time of submission shall not be included in any commercial data partnership program or sold to third-party Data Partners unless we obtain separate, affirmative, verifiable parental or guardian consent at or before the time the monetization program is activated. Aggregate and de-identified data from minor users may be used as described in Section 6.3(d) without parental consent.
Parents and guardians of minor users may, at any time: (a) review personal information collected from their child; (b) request correction of inaccurate information; (c) request deletion of their child's account and associated data; or (d) refuse further collection of their child's data, subject to account termination. To exercise these rights, contact us at get.goldfish.focus@gmail.com.
You agree not to use the Service to:
The Service is currently offered free of charge. No paid subscriptions, premium tiers, or in-app purchases are currently available.
We intend to introduce paid features, subscription tiers, or in-app purchases in the future. Before any paid features are introduced, we will present updated pricing terms to you at the relevant point of purchase, and such terms will be incorporated by reference into this Agreement. We will provide reasonable advance notice before converting any currently free features to paid-only access.
All in-app purchases, when available, will be processed through Apple's payment infrastructure and are subject to Apple's billing terms, refund policies, and App Store guidelines. We are not responsible for billing errors, disputes, or refunds attributable to Apple's payment systems.
The Service may integrate with, link to, or depend upon third-party services, platforms, APIs, or content. Such third-party services are governed solely by their own terms and privacy policies, for which we accept no responsibility. We do not endorse, warranty, or assume liability for any third-party service, product, or content accessed through the App.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY. WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DATA, CONTENT, OR RESULTS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
STUDY ANALYTICS, HABIT STATISTICS, AND PRODUCTIVITY DATA PROVIDED BY GOLDFISH ARE FOR INFORMATIONAL AND MOTIVATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE ACADEMIC COUNSELING, CAREER ADVICE, OR PROFESSIONAL GUIDANCE OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLDFISH, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR SUCCESSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO GOLDFISH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY DOLLARS (USD $50.00).
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK, AND THAT GOLDFISH WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS.
You agree to defend, indemnify, and hold harmless Goldfish and its current and future members, officers, employees, agents, successors, and assigns from and against any and all claims, actions, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of or access to the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third party's rights, including intellectual property, privacy, or publicity rights.
We reserve the right to modify these Terms at any time. For non-material changes, we may update the Terms without advance notice, and your continued use of the Service constitutes acceptance. For material changes — including changes to data monetization practices, arbitration provisions, or intellectual property rights — we will provide at least fourteen (14) days' advance notice via your registered email address. If you do not accept a material change, your sole remedy is to discontinue use and delete your account before the effective date of the change.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, for any reason, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Before initiating any formal legal proceeding, you agree to first contact us at get.goldfish.focus@gmail.com and provide a written description of your claim, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days. This informal resolution requirement is a condition precedent to arbitration.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including questions of arbitrability — shall be resolved by binding arbitration administered by a mutually agreed arbitration provider under its then-current rules. The arbitration shall be conducted in Pennsylvania, in English, and the arbitrator's decision shall be final and binding.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for: (a) actual or threatened infringement of intellectual property rights; (b) actual or threatened unauthorized access to or misuse of data; or (c) claims that cannot legally be arbitrated under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST GOLDFISH. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. Upon incorporation, this section will be updated to reflect the state of formation.
TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND GOLDFISH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL.
To the extent you access the Service via an application downloaded from Apple's App Store, the following apply:
You may delete your account at any time through the App settings or by contacting us at get.goldfish.focus@gmail.com. Deletion will result in removal of your account and associated personal data, subject to our data retention obligations under applicable law and the terms of Section 5.5.
We may suspend or permanently terminate your account, with or without notice, for: (a) material or repeated violation of these Terms; (b) conduct we determine to be harmful to other users, third parties, or the Service; (c) fraudulent, deceptive, or illegal conduct; or (d) inactivity exceeding twelve (12) consecutive months.
Upon termination: (a) your license to use the Service terminates immediately; (b) your User Content may be deleted; (c) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 7.2 (License Grant), 8 (Intellectual Property), 14 (Limitation of Liability), 15 (Indemnification), and 17 (Dispute Resolution).
These Terms, together with Goldfish's Privacy Policy, constitute the entire agreement between you and Goldfish with respect to the Service and supersede all prior agreements, representations, and understandings.
If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Goldfish.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or asset transfer.
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, infrastructure failures, or third-party service outages.
Section headings are for convenience only and shall not affect the interpretation of these Terms.
For legal notices, data requests, privacy inquiries, and general support:
Goldfish — Legal
Email: get.goldfish.focus@gmail.com
Mailing Address: 500 College Avenue, Swarthmore PA 19081
Attn: Legal — Goldfish / Tristan Choi
