Ce document est rédigé en anglais. Les traductions du site sont fournies à titre indicatif ; en cas de conflit, la version anglaise prévaut.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 19) THAT AFFECT YOUR LEGAL RIGHTS, AND IMPORTANT DISCLAIMERS ABOUT THE CARE OF LIVE ANIMALS (SECTION 6).
These Terms of Use ("Terms") are a legal agreement between you and Aquabuildr, LLC, a Wisconsin limited liability company located at 58 Tulip Ct, Sussex, WI 53089, USA ("Aquabuildr," "we," "us" or "our"). They govern your use of the Aquabuildr mobile application, the aquabuildr.com web platform and store, Aquabot, the Accredited Vendor program, our communities, and all related content, features and services (together, the "Service"). By creating an account, downloading the app, making a purchase, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
You are responsible for keeping your login credentials confidential and for all activity under your account, whether you sign in with an email address and password or through Apple, Google, Facebook or another identity provider. Provide accurate information and keep it current. Tell us immediately at nathan@futrix.io if you suspect unauthorized use. We may reclaim usernames that are inactive, infringing or misleading. You may delete your account at any time from the app settings.
Aquabuildr is free to download and use with a core set of features. Aquabuildr Premium is an optional paid subscription that unlocks additional features, limits and content as described in the app at the time of purchase. We may change which features are free and which are Premium, add or retire features, and set reasonable usage limits. We will give notice of material reductions to paid features where practical.
Premium can be purchased in the app through the Apple App Store or Google Play (each an "App Store"), or directly on aquabuildr.com through our payment processor ("Web Checkout"). Where you bought determines how billing, cancellation and refunds work.
New subscribers receive a 7-day free trial. When the trial ends, your subscription begins automatically and the payment method on file is charged at the price shown at signup, unless you cancel before the trial ends. One trial per person. We may change or withdraw trial offers at any time for new signups.
Subscriptions renew automatically at the then-current price for the same term (monthly or annual) until cancelled. To avoid renewal, cancel at least 24 hours before the end of the current period. Deleting the app does not cancel a subscription.
We may change subscription prices. For existing subscribers, a price change applies at your next renewal after we give you at least 30 days' notice by email or in the app, and you may cancel before it takes effect.
Except where required by law, subscription payments are non-refundable and there are no refunds or credits for partial periods, unused features or accidental renewals. App Store refund requests must be made to Apple or Google. If you are a consumer in the EEA or UK buying through Web Checkout, you have a 14-day right of withdrawal; by starting your subscription immediately you acknowledge that once Premium features are made available to you, you lose the right to withdraw for that period.
If your subscription ends, Premium features stop and your account returns to the free tier. Premium-only content — such as tanks and features beyond the free tier limits — is kept for 30 days so nothing is lost if you resubscribe. If you do not resubscribe within 30 days, that Premium-only content may be permanently deleted. Your account and free-tier data remain.
Aquabuildr helps you make better decisions about your aquarium. It does not replace your judgment, your observation of your animals, or a qualified professional. You acknowledge and agree that:
Aquabot, image recognition, test-strip reading, disease and behavior indicators, and similar features use artificial intelligence provided through our AI provider. AI output can be inaccurate, incomplete or misleading and may vary for the same input. Do not rely on AI output as a sole basis for any decision involving an animal's health. You must not use AI features to generate unlawful, harmful or infringing content, to attempt to extract our models, prompts or training data, or to build a competing product. We may modify, limit or discontinue AI features at any time.
You own the content you submit to the Service — tank data, photos, videos, posts, questions, answers, replies, reviews and other material ("User Content"). To operate and improve the Service you grant Aquabuildr a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, adapt, translate, analyze, display, distribute and create derivative works from your User Content (a) to provide the Service to you and other users, (b) to moderate and enforce these Terms, (c) to improve the Service, including training and improving our compatibility, filtration, health-score and AI models, and (d) for content you post publicly, to promote the Service in any media, including social channels and app store listings. This license continues after you delete content to the extent it has been shared with others, incorporated into aggregated or de-identified data, or retained in backups. You may end the license for private tank data by deleting it.
You represent that you have all rights needed to grant the license above and that your User Content does not violate any law or third-party right, including the rights of anyone appearing in photos you upload.
The community consists of public posts and replies; there is no private messaging. When you post in Discussions, Q&A, the community feed or vendor reviews, you must not post content that is unlawful, harassing, hateful, sexually explicit, deceptive, spam, infringing, dangerous to animals, or that promotes illegal collection or trade of protected species. Reviews must be honest and based on your own experience. We moderate using a combination of staff review, automated filters and user reports, and we may remove content, restrict features or suspend accounts at our discretion, with or without notice. We are not obligated to monitor User Content and are not responsible for it.
If you believe content on the Service infringes your copyright, send a notice meeting the requirements of the U.S. Digital Millennium Copyright Act to nathan@futrix.io with "DMCA" in the subject line, including the work claimed to be infringed, the location of the infringing material, your contact details, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature. We may terminate repeat infringers.
You agree not to: (a) access the Service by any automated means (scraping, crawling, bots) or copy, extract or mirror the fish database, compatibility data, filtration models or other content; (b) reverse engineer, decompile or attempt to derive the source code, algorithms or models behind the Service; (c) interfere with or disrupt the Service or its security; (d) circumvent usage limits, Premium restrictions, free-trial limits or access controls; (e) use the Service to build or train a competing product or dataset; (f) impersonate any person or misrepresent your affiliation; (g) use the Service for any unlawful purpose or in violation of animal-welfare laws; or (h) resell or commercially exploit the Service without our written permission.
Where Aquabuildr is identified as the seller at checkout on aquabuildr.com, the following applies:
The Service — including its software, design, text, graphics, the fish and plant database, compatibility data, Filter Recommendr, the Tank Health Score methodology, Aquabot, translations, and all trademarks, logos and trade dress — is owned by Aquabuildr or its licensors and protected by copyright, trademark, patent, trade secret and other laws. AQUABUILDR is a registered trademark of Aquabuildr, LLC (U.S. Reg. No. 7,439,160). The Aquabuildr fish logo, Tank Buildr, Filter Recommendr, Fish Trackr and Aquabot are trademarks of Aquabuildr, LLC. Patent pending. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the app and web platform for your personal, non-commercial aquarium-keeping. No other rights are granted.
We welcome ideas. If you send us feedback or suggestions, you grant us the right to use them without restriction or compensation to you. Community feedback is how many of our features came to be, and we may implement any suggestion without obligation.
If you downloaded the app from the Apple App Store, these additional terms apply: these Terms are between you and Aquabuildr only, not Apple; Apple has no obligation to provide maintenance or support; to the extent any warranty is not disclaimed, you may notify Apple for a refund of the purchase price and Apple has no other warranty obligation; Apple is not responsible for any product-liability, legal or intellectual-property claims relating to the app; Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you; and you must comply with applicable third-party terms when using the app. Similar provisions apply to Google Play under its Developer Distribution Agreement.
For users in the European Union: Aquabuildr, LLC, 58 Tulip Ct, Sussex, WI 53089, USA, nathan@futrix.io, is the trader responsible for the app and its in-app purchases under the Digital Services Act, and commits to offering only products and services that comply with applicable EU law.
The Service relies on third-party services, including Amazon Web Services (hosting), Anthropic (AI), Google (analytics and sign-in), Apple and Facebook (sign-in), and our payment processor. We are not responsible for their availability or conduct.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, remove content, or refuse service if you breach these Terms, create risk or legal exposure for us, or if we discontinue the Service. Where practical we will give notice. Sections that by their nature should survive (including 6, 7, 8.1, 12, 16, 17, 18, 19 and 21) survive termination. Fees paid are not refunded on termination except as required by law.
THE SERVICE AND ALL CONTENT, OUTPUTS AND RECOMMENDATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AQUABUILDR AND ITS MEMBERS, MANAGERS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS AND LICENSORS (THE "AQUABUILDR PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR ACCURATE, THAT DATA WILL NOT BE LOST, OR THAT ANY ANIMAL WILL BE HEALTHY, COMPATIBLE OR SURVIVE. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AQUABUILDR PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF ANIMALS, LIVESTOCK, PLANTS, EQUIPMENT, PROPERTY (INCLUDING WATER DAMAGE), DATA, PROFITS, GOODWILL OR USE, ARISING OUT OF OR RELATED TO THE SERVICE, ANY PRODUCT, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF THE AQUABUILDR PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID AQUABUILDR IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50). These limitations are fundamental to the bargain between you and Aquabuildr and apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to defend, indemnify and hold harmless the Aquabuildr Parties from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to (a) your User Content, (b) your use of the Service, (c) your breach of these Terms or any law, (d) the care, purchase, sale or keeping of any animal, plant or equipment, or (e) any dispute between you and a vendor, partner or other user. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate.
Please read this section carefully. It requires that most disputes be resolved by individual binding arbitration rather than in court.
Before starting any formal proceeding, you agree to email us at nathan@futrix.io with "Legal Notice" in the subject line, describe the dispute, and give us 60 days to try to resolve it with you informally. We will do the same before bringing a claim against you.
If the dispute is not resolved informally, any claim arising out of or relating to these Terms or the Service — including claims about the validity or scope of this arbitration agreement — will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The Federal Arbitration Act governs this section. The arbitrator may award the same relief a court could award to the individual party, and the award may be entered in any court of competent jurisdiction. Arbitration will take place in Waukesha County, Wisconsin, or by video or written submission if the AAA rules permit and you prefer. Each party bears its own attorneys' fees unless the arbitrator finds a claim frivolous. Where the AAA consumer rules require, Aquabuildr will pay arbitration fees above the filing fee you would pay in court.
Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or other equitable relief in court to protect intellectual property or to stop unauthorized use of the Service.
YOU AND AQUABUILDR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND AQUABUILDR EACH WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable for a particular claim, that claim (and only that claim) will proceed in court, and the rest of this section still applies.
You may opt out of this arbitration agreement by emailing nathan@futrix.io with "Arbitration Opt-Out" in the subject line, your name and the email on your account, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
These Terms and any dispute are governed by the laws of the State of Wisconsin and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 19.2, the state and federal courts located in Waukesha County, Wisconsin have exclusive jurisdiction, and you consent to personal jurisdiction there. If you are a consumer in the EEA or UK, nothing in this section deprives you of the protection of mandatory consumer laws of your country of residence, and you may bring proceedings in the courts of that country.
To the extent permitted by law, any claim must be brought within one (1) year after it arises or it is permanently barred.
We may modify these Terms from time to time. If a change is material, we will notify you in the app or by email at least 14 days before it takes effect (or sooner if required by law or for security reasons), and the effective date at the top will be updated. Continued use after the effective date means you accept the revised Terms. If you do not agree, stop using the Service and delete your account. Changes to Section 19 do not apply to disputes already noticed to us before the change.