Terms of Service for FishyStuff

1. Provider and scope

The provider and operator is:

Jannik Höfler
c/o IP-Management #11515
Ludwig-Erhard-Straße 18
20459 Hamburg
Germany
contact@karpfen.dev
Additional direct contact through Discord

FishyStuff is a privately operated, free, non-commercial and unofficial fan and hobby project, not a separate legal entity. It was neither created nor endorsed by Pearl Abyss and is not operated or endorsed by Discord. To the extent FishyStuff offers journalistic-editorial content, Jannik Höfler is responsible at the address above.

These Terms apply to FishyStuff accounts, the account-based desktop offering, and connected functions. Merely reading public pages does not create an account contract. Software licences remain separate from this use-framework agreement. The Crio Terms apply to Crio.

2. Account and contract

Express acceptance of these previously accessible Terms concludes a free use-framework agreement. It governs permitted use of offerings actually made available, without obliging the operator to provide them. Acceptance is a prerequisite for account creation; it does not create an entitlement to an account. Accounts may be created and maintained only by people who are at least 18 years old. The Website and Account Privacy Notice is separate information, not blanket consent.

Upon your acceptance, these Terms replace the Terms previously agreed for your FishyStuff account with effect from that point onward. Claims that have already accrued and mandatory statutory rights remain unaffected. Individual agreements and separate licences remain unaffected.

Users must protect access credentials and may not sell or share accounts or credentials, or disclose them without authorization. Recovery is not guaranteed if no suitable access method remains available.

3. Service and data

FishyStuff may voluntarily provide public information and tools. FishyStuff Desktop supports local recording and personal analysis of gameplay; uploading gameplay records is optional. Download and use may require an eligible account.

The separate Desktop and Dataset Contribution Privacy Notice explains Desktop processing before download and participation. Reading or obtaining it does not require accepting replacement Terms. People without account access can obtain the relevant notice and exercise privacy rights through privacy@fishystuff.fish.

Synchronization is optional participation in FishyStuff’s community statistics, not an entitlement to cross-device access or a permanent private-cloud service. Statutory rights remain unaffected.

Data stored only locally may be lost, including through a device or browser change, deletion, or software errors. FishyStuff does not create a server-side backup of data stored only locally.

Stopping uploads or deleting your account does not necessarily erase reduced analytical records. They may remain only while necessary under the separate Desktop and Dataset Contribution Privacy Notice’s retention and review conditions. Accepting these Terms is not GDPR consent and does not waive any privacy rights.

FishyStuff Desktop and game-account risk

FishyStuff Desktop records game events for personal and statistical analysis. Pearl Abyss permission for this collection by FishyStuff Desktop has not been confirmed.

Use may lead to game-account restrictions, including permanent loss of access, even without synchronization. FishyStuff does not control Pearl Abyss’s enforcement decisions and does not guarantee continued account access or reversal of a restriction.

A restriction alone does not establish the operator’s liability. Liability for the operator’s own breaches is governed by Section 6. This notice does not waive statutory rights.

4. Permitted use and third-party rights

In particular, users must not:

• violate laws or third-party rights, deceive, harass, or harm others;
• distribute malware or spam, attack systems, or cause disproportionate load;
• bypass accounts, permissions, request limits, or security measures;
• use automated access outside expressly provided interfaces and limits; or
• use or disclose content, data, or personal data without the required authorization.

Rights in game material, trademarks, community content, databases, and software remain with their respective owners. Technical availability does not grant an additional licence. Rights to use material without permission where the law allows it remain unaffected.

5. Voluntary provision, termination, and changes

This use-framework agreement creates no entitlement to provision of any service. Provision is voluntary, including repeated or continuous provision. The operator decides whether, when and for whom to provide services and may interrupt or cease them for individual users or everyone at any time without a particular reason. Merely requesting or repeatedly receiving a function creates no entitlement. Individual agreements take precedence. Duties to protect data already entrusted to the operator and existing winding-down and data-protection claims remain unaffected.

The agreement has no fixed end date. Either party may terminate it at any time, without a particular reason, effective upon receipt of notice. This also applies when the operator ends individual or all account services. Statutory rights to extraordinary termination remain unaffected.

The operator may proportionately restrict accounts or functions in case of breaches, abuse, security risks, or binding platform requirements. You may use an available account-deletion function to terminate, but are not required to use that route.

Exercising privacy rights does not automatically end your contract or participation. An objection, including one limited to part of a contribution, is assessed separately from continued hosting.

Where the consumer rules for digital products apply, section 327q BGB governs termination following withdrawal or objection: immediate termination requires that continued performance until the agreed end or applicable notice period cannot reasonably be required, considering permitted processing and both parties’ interests. The operator cannot demand compensation or new charges merely because you exercise those rights. Any service still owed must be provided without prohibited processing.

Ending hosting does not disable independent local analysis or access to local records. Statutory rights remain unaffected, including on changes or discontinuation.

Voluntary provision of account functions to which there is no independently existing entitlement may be made conditional on express acceptance of proposed new Terms. Such acceptance must not be made a condition for handling privacy requests or fulfilling existing protective duties and claims for the return of data or winding down. This acceptance restriction does not apply to provided sign-in and account functions for viewing and accepting the Terms, account security and account deletion; this does not create an obligation to provide those functions. Amendments require express acceptance. Publication or non-acceptance of replacement Terms alone neither amends nor terminates the agreement. Changes may additionally be announced through an optional RSS feed (Download plain text (.txt)).

6. Liability

The operator is liable without contractual limitation for intent and gross negligence, culpable injury to life, body or health, fraudulent concealment, expressly assumed guarantees, and other liability that cannot lawfully be limited, including under the German Product Liability Act.

For ordinary negligence, liability for breach of an essential contractual obligation is limited to damage foreseeable and typical for the contract when it was concluded. Essential obligations are those necessary for proper performance of the contract and on whose observance users may ordinarily rely. Otherwise, liability for ordinary negligence is excluded.

These rules also apply to conduct of the operator’s legal representatives and persons engaged to perform contractual obligations. The unlimited-liability exceptions above and mandatory statutory rights, including applicable consumer rights for digital products, remain unaffected.

7. Language

The German version is authoritative; the English translation is provided for convenience.