Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Polimati LLC ("AquaSnap", "we", "our", or "us"). By downloading, installing, or using the AquaSnap mobile application (the "App"), you agree to be bound by these Terms.

Polimati LLC is a California limited liability company with its principal place of business at 440 N Barranca Ave #3778, Covina, CA 91723, United States. AquaSnap is a product of Polimati LLC.

1. Acceptance of Terms

By downloading, installing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App. If you are under 18, you may only use the App with the consent and supervision of a parent or legal guardian.

2. Description of Service

AquaSnap is a mobile application for aquarium hobbyists. It uses artificial intelligence to identify fish, corals, plants, and invertebrates from photos and videos. The App also provides tank management, stocking list tracking, photo and video timelines, maintenance reminders, and related features. Some features require an optional paid subscription.

3. Accounts

The App creates a local anonymous profile when you first open it so you can use the App without signing in. To enforce rate limits, prevent abuse, and manage subscription entitlements, we also generate a server-side anonymous identifier (a randomized Firebase UID) associated with your installation; this identifier contains no name, email, or other information that identifies you personally. You may optionally sign in with Apple or Google to access subscription features and preserve your account across devices, which links your anonymous identifier to your provider account. Once signed in, you are responsible for maintaining the confidentiality of your account and for all activities that occur under it, and you agree to notify us immediately of any unauthorized use.

4. Subscriptions and Billing

AquaSnap offers a free tier and paid subscription tiers. Current subscription offerings, pricing, and the contents of each tier (including any quotas or feature caps) are displayed within the App prior to purchase. Subscriptions are processed through the app store from which you downloaded the App (the "App Store") — currently the Apple App Store for iOS, and Google Play for Android when available.

By subscribing, you agree that:

Changes to pricing, tiers, and features. We may modify our subscription pricing, tier names, quotas, included features, free-tier limits, or introduce new tiers from time to time. For existing paid subscribers, any price increase or material reduction in the included features of your current tier will take effect at your next billing renewal and we will provide advance notice through the App and, where you have provided an email address, by email — in each case as far in advance as is reasonably practicable and as required by the applicable App Store. If you do not agree to a price increase or material change, you may cancel your subscription before the change takes effect. Continued use after the effective date of the change constitutes your acceptance of the new terms.

Taxes. Subscription prices may be exclusive or inclusive of applicable taxes depending on the App Store and your jurisdiction; taxes are collected and remitted by Apple or Google as the seller of record.

5. User Content

You retain ownership of all photos, videos, and other content you create using the App ("User Content").

You represent that you have all rights necessary to submit your User Content and that it does not violate any third-party rights.

6. AI Identification Disclaimer

AquaSnap's AI-powered species identification, health assessments, compatibility checks, and care recommendations are provided for informational and educational purposes only. Results may not always be accurate. The App is not a substitute for professional advice from a veterinarian, marine biologist, or experienced aquarist.

You should not rely solely on the App's identification, health, or care output for decisions regarding the purchase, treatment, housing, medication, feeding, or care of any aquatic species. We make no guarantees regarding the accuracy, completeness, or reliability of any output.

AquaSnap shall not be held liable for any loss of livestock, damage to aquariums, damage to equipment, water damage, or other property damage resulting from actions you take or fail to take based on the App's output.

7. Acceptable Use

You agree not to:

8. License to Use the App; Intellectual Property

License to Use the App. Subject to your compliance with these Terms, AquaSnap grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal, non-commercial use on devices that you own or control and as permitted by the usage rules of the App Store from which you obtained the App. This license does not allow you to use the App on any device that you do not own or control; to distribute or make the App available over a network where it could be used by multiple devices at the same time; or to assign, sublicense, rent, lease, lend, sell, or otherwise redistribute the App.

Ownership. The App, including its design, code, AI models, species data, icons, and documentation, is owned by AquaSnap and protected by copyright and other intellectual property laws. The AquaSnap name, logo, and branding are our trademarks. Nothing in these Terms grants you any right to use our trademarks, copyrighted material, or AI models outside the App.

9. Data and Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

10. Termination

Termination for cause. We may suspend or terminate your access to the App, with or without prior notice, if we reasonably believe you have violated these Terms, engaged in fraud, abused the service, or used the App in a way that risks harm to other users, our service providers, or us. Where reasonably practicable, we will give you notice and a chance to cure.

Termination for convenience. We may also discontinue the App, or discontinue a specific feature, at our discretion. If we terminate or materially restrict your paid subscription for our convenience (not for cause), we will either (a) allow you continued access for the remainder of the prepaid period, or (b) provide a pro-rata refund of any prepaid, unused portion, where required by applicable law and where the underlying App Store permits us to do so. Refunds for App Store purchases are otherwise handled by Apple or Google under their refund policies.

Effect of termination. Upon termination, your right to use the App ceases. Your locally stored data (photos, tank data) remains on your device. You may terminate your use of the App at any time by deleting it from your device and, if applicable, by deleting your account from within the App or via the process at aquasnap.io/delete-account. Provisions that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive termination.

11. Limitation of Liability

To the maximum extent permitted by applicable law, AquaSnap shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation: loss of data, loss of livestock, damage to property, loss of profits, loss of goodwill, or damages resulting from reliance on AI identification or health assessments, whether based in contract, tort, strict liability, or any other legal theory.

Our total cumulative liability for any claim arising from or related to the App or these Terms shall not exceed the greater of (a) the amount you paid AquaSnap in the 12 months preceding the claim, or (b) fifty U.S. dollars ($50).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Polimati LLC and its officers, members, employees, and agents from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) to the extent they arise out of: (a) your User Content, (b) your breach of these Terms, (c) your misuse of the App (including any use prohibited under Section 7), or (d) your violation of any applicable law or third-party right. We will promptly notify you of any such claim and reasonably cooperate in the defense; we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. Nothing in this section requires you to indemnify us for claims caused by our own negligence or willful misconduct.

13. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the App will be uninterrupted, error-free, or secure.

14. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

14.1 Informal dispute resolution (required first step)

Before initiating any arbitration or court proceeding, you and AquaSnap agree to attempt in good faith to resolve any dispute informally for at least sixty (60) days. To start, send a written "Notice of Dispute" to aquasnap@polimati.com (or by mail to Polimati LLC, 440 N Barranca Ave #3778, Covina, CA 91723) describing the nature of the claim, the relief you seek, and your contact information. We will send any Notice of Dispute to the email address associated with your account. If the dispute is not resolved within 60 days of the Notice, either party may proceed to arbitration or, where permitted, to small claims court. The applicable statute of limitations is tolled during the informal resolution period.

14.2 Binding arbitration

Except for the exceptions in Section 14.5, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App that is not resolved informally shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org), rather than in court. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

14.3 Initiating arbitration; fees; location

To initiate arbitration, file a Demand for Arbitration with the AAA and serve a copy on Polimati LLC at the address above. AAA fees and arbitrator compensation are governed by the AAA Consumer Arbitration Rules; for claims of $10,000 or less, you are responsible only for the filing fee specified for consumers and we will pay all remaining AAA fees and arbitrator costs, except where the arbitrator finds the claim was frivolous or brought for an improper purpose. The arbitration will be conducted by telephone, video conference, or written submissions unless the arbitrator finds an in-person hearing is needed; any in-person hearing will take place in the United States county where you reside, or another mutually agreed location. The arbitrator may award the same individual relief that a court could award under applicable law.

14.4 Class action waiver

You and AquaSnap agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate the claims of multiple individuals or preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, that claim or request shall be severed and resolved in court, and all other claims subject to arbitration shall proceed in arbitration.

14.5 Exceptions

Notwithstanding the above, either party may: (a) bring an individual action in small claims court for disputes within that court's jurisdiction; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; and (c) pursue any non-waivable rights provided by mandatory consumer protection law.

14.6 30-day opt-out

You may opt out of this arbitration agreement (Section 14.2) and the class action waiver (Section 14.4) by sending a written notice including your name, the email address associated with your account, and a statement that you decline arbitration, to aquasnap@polimati.com within thirty (30) days of first accepting these Terms or of any future material change to this Section 14. Opting out will not affect any other part of these Terms.

14.7 Consumers outside the United States

If you are a consumer in the European Union, United Kingdom, or another jurisdiction whose mandatory consumer-protection laws prohibit pre-dispute arbitration agreements or class action waivers, those laws control to the extent of the conflict, and this Section 14 applies to you only to the maximum extent permitted by such laws. EU and UK consumers may also access the European Commission's Online Dispute Resolution platform and retain the right to bring proceedings in the courts of their country of residence.

14.8 Severability of this section

If any portion of this Section 14 (other than the class action waiver, which is addressed separately in Section 14.4) is found unenforceable, that portion shall be severed and the remainder of this Section 14 shall continue in full force and effect.

14.9 Coordinated and mass arbitrations

To preserve the efficiency and individualized nature of arbitration under this Section 14, the following procedures apply when twenty-five (25) or more arbitration demands of a substantially similar nature are filed against AquaSnap by or with the assistance of the same law firm, group of law firms, or coordinated counsel within a thirty (30) day period (a "Mass Filing"):

15. Platform-Specific Terms

Apple App Store (iOS)

You acknowledge that these Terms are concluded between you and AquaSnap only, and not with Apple Inc. ("Apple"). AquaSnap, not Apple, is solely responsible for the App and its content. The license to use the App granted in Section 8 is, with respect to iOS, further limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where permitted by Apple.

Google Play (Android)

If you downloaded the App from Google Play, your use of the App is also governed by the Google Play Terms of Service. AquaSnap, not Google, is solely responsible for the App and its content. Google has no obligation to provide support or maintenance for the App and is not responsible for claims relating to the App or your use of it.

Sideloaded or Other Distributions

If you obtained the App through a means other than the Apple App Store or Google Play, these Terms still apply; however, any platform-specific terms above may not be applicable.

16. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will:

Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms. Anonymous users who have not provided an email address should check this page for updates.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law principles. For any disputes not subject to arbitration under Section 14, the state and federal courts located in Los Angeles County, California shall have exclusive jurisdiction, and you and AquaSnap consent to personal jurisdiction in those courts.

Consumer-protection savings clause. If you are a consumer residing outside California or outside the United States, the choice of law and forum above will not deprive you of the protection of any mandatory provisions of the consumer-protection laws of your country or jurisdiction of residence. To the extent a mandatory local law conflicts with this Section 17, that local law controls only as to the conflicting issue, and the remainder of this Section 17 continues to apply.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19. Entire Agreement; Assignment

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AquaSnap regarding the App. We may assign these Terms at any time without notice. You may not assign these Terms without our prior written consent.

20. Contact

If you have questions about these Terms, please contact us at aquasnap@polimati.com.