Terms of Service

Last updated: January 1, 2025

These Terms of Service ("Terms") govern your use of the Shoalr mobile application ("App") operated by JJMK Studios ("we", "our", or "us"). By downloading, installing, or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using Shoalr, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use the App.

2. Description of Service

Shoalr is an aquarium management application that provides:

• Tank setup and tracking tools
• Stocking calculator with compatibility checking
• Nitrogen cycle tracking
• Water parameter logging and trend analysis
• Maintenance scheduling and reminders
• Fish and plant species database
• Problem diagnosis tools

3. User Responsibilities

You are responsible for:

• Maintaining the security of your device and any data stored in the App
• Using the App in compliance with all applicable laws and regulations
• The accuracy of any data you enter into the App
• Making your own decisions regarding the care of your aquarium and livestock

4. Disclaimer of Warranties

4.1 Informational Purposes Only

The information provided by Shoalr, including but not limited to stocking recommendations, compatibility warnings, water parameter interpretations, and care guidelines, is for informational purposes only. This information should not be considered a substitute for professional advice from qualified aquarium specialists, veterinarians, or other experts.

4.2 No Guarantee of Outcomes

We do not guarantee that following the App's recommendations will result in:

• Successful aquarium cycling
• Healthy or surviving fish, plants, or other livestock
• Optimal water quality
• Compatible tank inhabitants
• Any specific outcome for your aquarium

4.3 As-Is Service

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, AND NON-INFRINGEMENT.

4.4 Data Accuracy

While we strive to provide accurate species data and calculations, we do not warrant that the App's database, algorithms, or recommendations are error-free or complete. Species requirements can vary based on individual specimens, sources, and evolving scientific understanding.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JJMK STUDIOS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Any damages arising from the death, injury, or illness of any aquatic life or other animals
• Any damages arising from your reliance on information provided by the App
• Any damages resulting from unauthorized access to your data

Our total liability for any claims arising from your use of the App shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

6. Subscriptions and Payments

6.1 Free and Paid Features

Shoalr offers both free and paid (Pro) features. Free features are available without payment. Pro features require an active subscription.

6.2 Subscription Terms

• Subscriptions are billed monthly or annually, as selected at purchase
• Payment is charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period

6.3 Cancellation

You can manage and cancel your subscription through your Apple ID account settings. Cancellation will take effect at the end of the current billing period. No refunds are provided for partial subscription periods.

6.4 Price Changes

We reserve the right to change subscription prices. Price changes will be communicated in advance and will apply to your next billing cycle after the change takes effect.

7. Intellectual Property

7.1 Our Rights

The App, including its design, features, content, and underlying code, is owned by JJMK Studios and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our written permission.

7.2 Your Data

You retain ownership of any data you create or enter into the App. By using the App, you grant us no rights to your data beyond what is necessary to provide the service (which, given our local-only storage model, is minimal).

8. Updates and Changes

8.1 App Updates

We may release updates to the App that add features, fix bugs, or make other improvements. Some updates may be required to continue using the App.

8.2 Service Changes

We reserve the right to modify, suspend, or discontinue any part of the App at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

8.3 Terms Changes

We may update these Terms from time to time. We will notify you of significant changes through the App or our website. Your continued use of the App after changes take effect constitutes acceptance of the new Terms.

9. Termination

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the App will cease immediately.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

11. Dispute Resolution

Any disputes arising from these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and JJMK Studios regarding your use of the App.

14. Contact Us

If you have any questions about these Terms, please contact us:

• Email: shoalr@jjmkstudios.com

15. Apple-Specific Terms

The following additional terms apply to your use of the App on Apple devices:

1. These Terms are between you and JJMK Studios, not Apple Inc. ("Apple").
2. Apple has no obligation to provide maintenance or support for the App.
3. Apple is not responsible for addressing any claims relating to the App.
4. In the event of any third-party claim that the App infringes intellectual property rights, Apple is not responsible for investigation, defense, or settlement.
5. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.