Terms of Service

1. Agreement to Terms

Welcome to Aquaview. These Terms of Service ("Terms") govern your access to and use of the Aquaview platform, website, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

We reserve the right to modify these Terms at any time. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

2. Description of Service

Aquaview is an ocean data platform that provides access to publicly available oceanographic data from various sources including NOAA, ERDDAP servers, and other scientific data repositories. Our Service includes:

• Interactive map-based data visualization
• Search and discovery tools for ocean data
• Data export and analysis features
• Report generation capabilities
• User account management
• Team collaboration features

3. User Accounts

3.1 Account Registration

To access certain features of the Service, you must create an account. You may register using:

• Email and password
• Google OAuth authentication

3.2 Account Security

You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account
• Not share your account with others

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, with or without notice. You may also terminate your account at any time by contacting us.

4. Subscription Plans and Credits

4.1 Free Plan

• 1,000 credits per account
• Single user account
• Standard features and data access

4.2 Pro Plan

• 10,000 credits per account
• Up to 10 team members
• Advanced features and priority support

4.3 Enterprise Plan

• 50,000 credits per account
• Up to 200 team members
• Custom integrations and dedicated support

4.4 Credit Usage

Credits are consumed when you perform certain actions such as data queries, report generation, and API calls. Credit costs vary by action complexity. Unused credits do not roll over between billing periods unless otherwise specified in your plan.

4.5 Payment and Billing

Paid plans are billed monthly or annually as selected. You agree to provide accurate billing information and authorize us to charge your payment method. Failure to pay may result in service suspension.

4.6 Refunds

Refunds are handled on a case-by-case basis. Please contact support for refund requests within 30 days of payment.

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any laws or regulations
• Infringe intellectual property rights of others
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to systems or data
• Interfere with or disrupt the Service or servers
• Scrape, harvest, or collect user data without consent
• Use automated systems (bots) without authorization
• Impersonate others or misrepresent affiliation
• Harass, abuse, or harm other users
• Use the Service for any commercial purpose without authorization
• Reverse engineer or attempt to extract source code
• Circumvent usage limits, credit systems, or access controls

Violations may result in immediate account termination and legal action.

6. Intellectual Property Rights

6.1 Our Rights

The Service, including its software, design, text, graphics, logos, and other content (excluding user content and third-party data), is owned by Aquaview and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 Third-Party Data

Ocean data provided through our Service originates from third-party sources (NOAA, ERDDAP, etc.) and may be subject to separate licenses and terms. We provide access to this data but do not claim ownership. You are responsible for complying with applicable data licenses.

6.3 User Content

You retain ownership of any content you create using the Service (reports, annotations, saved searches). By using the Service, you grant us a limited license to host, store, and display your content solely to provide the Service.

6.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without obligation or compensation.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand how we collect, use, and protect your information.

8. Third-Party Services and Links

The Service may contain links to third-party websites or integrate with third-party services (e.g., Google OAuth). We are not responsible for:

• The content or practices of third-party services
• Accuracy or availability of third-party data
• Any damages resulting from third-party interactions

Your use of third-party services is subject to their own terms and conditions.

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Data Accuracy

We do not guarantee the accuracy, completeness, reliability, or timeliness of any data provided through the Service. Ocean data is sourced from third parties, and we are not responsible for data errors or omissions.

9.3 No Warranty

We do not warrant that:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Results from the Service will be accurate or reliable

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUAVIEW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM:

• Your use or inability to use the Service
• Errors, mistakes, or inaccuracies in data
• Unauthorized access to your account
• Interruption or cessation of the Service
• Bugs, viruses, or harmful code
• Any third-party content or conduct

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Aquaview, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or data
• Your negligence or willful misconduct

11. Dispute Resolution

11.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@aquaview.com to attempt informal resolution.

11.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, rather than in court. The arbitration shall take place in [Your Jurisdiction]. Each party bears its own costs.

11.3 Class Action Waiver

You agree that disputes will be resolved individually and not as part of a class action or representative proceeding.

11.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or breach of confidentiality.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and data
• Sections of these Terms that should survive termination will remain in effect
• You remain liable for any outstanding payments

You may terminate your account at any time by contacting support. No refunds will be provided for partial billing periods.

13. Changes to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to conflict of law principles. Any legal action must be brought in the courts located in [Your Jurisdiction].

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Aquaview regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to causes beyond our reasonable control (natural disasters, war, strikes, etc.).

15.6 Notices

Notices to you may be sent via email or posted on the Service. Notices to us should be sent to legal@aquaview.com.

16. Contact Information

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

17. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.