Terms of Service

1. What Nerita is

Nerita is a hobbyist tool for tracking aquarium water chemistry. It lets you log water parameters, view ranges and trends, follow guided cycling ("Cycle Coach"), calculate and track dosing and consumption, keep a livestock and notes log, and receive in-range and out-of-range indicators and alerts.

2. Eligibility

You must be at least 18 years old to create an account, start a trial, or purchase a subscription. The Service is not directed to and may not be used by children under 13. See our Privacy Policy for how we handle children's information.

3. Informational use only; not professional advice

This section is important. Read it.

All content the Service provides, including parameter readings, target ranges, status indicators, Cycle Coach guidance, dosing and consumption calculations, trends, insights, and alerts, is general informational and educational material intended to support your own judgment. It is not professional, veterinary, scientific, or expert advice, and it is not a substitute for your own water testing, research, and husbandry decisions.

You are solely responsible for your aquarium, your water parameters, your equipment, your livestock and plants, and every decision you make about them. Always verify with your own test kits and your own judgment before acting. Do not rely on the Service as your only source of information or as your only safeguard against a problem. Readings you enter, calculations we display, and alerts we send may be inaccurate, incomplete, delayed, or undelivered.

4. No guarantee of results

We do not promise or guarantee any particular result, water condition, parameter outcome, or the health, growth, or survival of any animal or plant. Aquarium keeping is inherently risky and depends on many factors outside our control, including your equipment, water source, livestock health, and your own actions. You acknowledge and accept these risks.

5. Your account

You are responsible for the accuracy of your account information and for keeping your login credentials secure. You are responsible for all activity under your account. Notify us promptly at neritareef@gmail.com if you suspect unauthorized use.

6. Subscriptions, free trial, billing, and auto-renewal

Free and Pro. Nerita offers a free tier and a paid "Pro" subscription. Pro is offered at $4.99 per month or $39.99 per year (prices may change as described below), and unlocks features identified as Pro within the Service.

Free trial. Pro may be offered with a 7-day free trial. If you do not cancel before the trial ends, the trial automatically converts to a paid subscription and your payment method is charged the applicable price.

Auto-renewal. Paid subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current price, and your payment method is charged each period, until you cancel. By subscribing, you authorize these recurring charges.

Payment. Payments are handled by our third-party payment processor. We do not store your full card details. You authorize the processor to charge your selected payment method.

Price changes. We may change subscription prices. We will give you advance notice of a price change, and the new price applies to your next renewal after the notice. Continuing your subscription after the change takes effect means you accept the new price.

Taxes. Prices may not include applicable taxes, which may be added.

7. Cancellation and refunds

Cancel anytime. You can cancel your subscription at any time from within the app (Settings, then manage your subscription) or by emailing neritareef@gmail.com. Cancellation stops future renewals. Your Pro access continues until the end of the period you have already paid for.

7-day money-back. If you are charged and you request a refund within 7 days of that charge by emailing neritareef@gmail.com, we will refund that charge. After 7 days, fees are non-refundable except where a refund is required by applicable law. If you cancel a free trial before it ends, you are not charged.

Purchases through app stores. If you subscribe through the Apple App Store or Google Play, your purchase, billing, and refunds are governed by that store's terms and policies, and refund requests are handled by the store, not by us.

8. Your content

You keep ownership of the content you add to the Service, including photos, notes, livestock entries, and the readings you log ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, and display Your Content solely as needed to operate and provide the Service to you. You are responsible for Your Content and represent that you have the rights to it and that it does not violate any law or third-party right.

9. Acceptable use

You agree not to:

• use the Service for any unlawful purpose or in violation of these Terms;
• copy, modify, reverse engineer, decompile, or attempt to extract the source code of the Service, except where that restriction is prohibited by law;
• scrape, harvest, or bulk-export data from the Service other than your own data through features we provide;
• resell, sublicense, or commercially exploit the Service without our written permission;
• interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or other users' accounts; or
• upload anything unlawful, infringing, harmful, or malicious.

We may suspend or terminate accounts that violate this section.

10. Our intellectual property

The Service, including its software, design, text, graphics, the Nerita name and logo, and all related intellectual property, is owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial aquarium use, subject to these Terms. No other rights are granted.

11. Third-party services

The Service relies on third-party providers, including hosting, payment processing, analytics, and notification delivery. We are not responsible for the acts, omissions, failures, or downtime of those providers, and your use of any third-party service is subject to that provider's own terms.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE, ANY READING, CALCULATION, INSIGHT, OR ALERT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY, THAT ALERTS OR NOTIFICATIONS WILL BE DELIVERED, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOU USE THE SERVICE AT YOUR OWN RISK.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF OR DAMAGE TO LIVESTOCK, PLANTS, AQUARIUMS, EQUIPMENT, PROPERTY, DATA, PROFITS, OR GOODWILL, arising out of or relating to the Service, your use of or inability to use the Service, any reading, calculation, guidance, or alert, any inaccuracy or delay, or any downtime or data loss, whether based in contract, tort, negligence, strict liability, or any other theory, and even if we have been advised of the possibility of such damages.

OUR TOTAL AGGREGATE LIABILITY for all claims relating to the Service is limited to the greater of (a) the total amount you paid us in the 12 months before the event giving rise to the claim, or (b) USD $50.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. In that case, our liability is limited to the smallest extent permitted by law.

14. Assumption of risk and indemnification

You acknowledge that aquarium keeping carries inherent risks, including the loss of livestock, plants, and property, and you assume those risks. You agree to indemnify, defend, and hold harmless Nerita and its owner(s) from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, Your Content, or your violation of these Terms or any law or third-party right.

15. Binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

You and we agree that any dispute or claim arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies. Arbitration will be administered by the American Arbitration Association under its applicable consumer rules, and judgment on the award may be entered in any court with jurisdiction.

Class action waiver. You and we agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.

Jury trial waiver. You and we waive any right to a jury trial.

30-day opt-out. You may opt out of this arbitration agreement by emailing neritareef@gmail.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

16. Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to the arbitration section above, any permitted court proceeding will be brought exclusively in the state or federal courts located in Santa Rosa County, Florida, and you consent to that jurisdiction and venue.

17. Suspension and termination

We may suspend or terminate your access to the Service at any time if you violate these Terms or if we discontinue the Service. You may stop using the Service at any time. Sections that by their nature should survive termination (including content licenses, disclaimers, limitation of liability, indemnification, and arbitration) survive.

18. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by email. Changes take effect when posted (or on the stated effective date), and your continued use of the Service after that means you accept the updated Terms.

19. Miscellaneous

If any provision is found unenforceable, the rest remains in effect. These Terms are the entire agreement between you and us regarding the Service. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor or in connection with a sale of the business or its assets.

20. Contact

Questions about these Terms: neritareef@gmail.com