Terms of Service
These Terms explain the rules governing your PondStat account, membership and use of the PondStat pond-management platform.
Understanding your agreement with PondStat
These Terms of Service form a legal agreement between you and Elegant Outdoor Solutions LLC, doing business as PondStat, concerning your access to and use of the PondStat website, membership services, software and related features.
By creating an account, purchasing a membership, accessing the platform or otherwise using PondStat, you acknowledge that you have read, understood and agreed to these Terms and our Privacy Policy.
If you do not agree to these Terms, you should not create an account, purchase a membership or use the PondStat platform.
Important provisions concerning automatic renewal, cancellation, disclaimers and limitations of liability are included below.
Your PondStat account and subscription
You are responsible for maintaining accurate account information, protecting your login credentials and managing your PondStat membership.
Accounts and eligibility
Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to create an account or purchase a PondStat membership.
Accurate account information
You agree to provide accurate, current and complete information when creating your account and to update that information when it changes.
Account security
You are responsible for keeping your username, password and other login credentials confidential. You are also responsible for activity performed through your account unless that activity resulted from a security failure caused by PondStat.
Unauthorized access
You must notify us promptly at [email protected] if you believe your account has been accessed or used without authorization.
One account per user
Your account is intended for your authorized use. You may not sell, transfer or provide your login credentials to another person unless PondStat has expressly authorized that access.
Memberships and billing
Membership fees
Paid features require an active PondStat membership. Prices, included features and the applicable billing period are presented before you complete your purchase. Applicable taxes may be added when required.
Automatic renewal
Your membership automatically renews at the end of each billing period unless you cancel it before its renewal date. By purchasing a recurring membership, you authorize PondStat and its payment processor to charge your selected payment method for each renewal.
Renewal pricing
Renewals are charged at the then-current membership price unless a different price has been promised in writing. We will provide notice of material pricing changes when required by applicable law.
Cancellation
You may cancel automatic renewal through the available account-management tools or by contacting [email protected]. Cancellation must be completed before the next renewal charge. Unless otherwise stated, cancellation takes effect at the end of your current paid billing period.
Refund policy
Membership payments and renewal charges are non-refundable except where a refund is required by applicable law. Canceling a membership prevents future renewal charges but does not create a refund or credit for the remaining portion of the current billing period.
Failed or disputed payments
If a payment is declined, reversed or disputed, we may retry the payment or suspend access to paid features until the outstanding amount is resolved. You remain responsible for authorized charges incurred before cancellation.
Renewal reminder: Cancel before your next renewal date to prevent the following billing-period charge.
Using PondStat responsibly
PondStat is designed to help pond owners and fisheries professionals organize information, calculate fisheries metrics and better understand pond-management data.
Acceptable platform use
Permitted use
Subject to these Terms and an active membership where required, PondStat grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the platform for its intended pond-management and fisheries-analysis purposes.
- Record and organize pond and fish information.
- Generate calculations, charts, reports and other available analytical outputs.
- Use your account for personal, professional or internal business pond-management activities.
- Download, print or share available reports for your legitimate pond-management needs.
Prohibited use
You may not use PondStat in a way that damages the platform, interferes with other users or violates applicable law. Prohibited conduct includes:
- Entering intentionally false, corrupted or misleading information.
- Attempting to reverse-engineer, decompile, copy or extract PondStat’s source code or proprietary calculation methods.
- Using bots, scrapers or automated extraction tools without PondStat’s written permission.
- Bypassing security, access restrictions, membership limits or other technical controls.
- Introducing malicious code or interfering with the security, availability or performance of the platform.
- Using PondStat for unlawful, fraudulent, abusive or harmful activities.
Your data and privacy
You retain your data
As between you and PondStat, you retain ownership of the pond records, fish measurements, environmental information and other original information you submit to the platform as user input data.
Permission to operate PondStat
You grant PondStat a limited, worldwide, non-exclusive license to host, store, copy, process and analyze your data only as reasonably necessary to provide, maintain, secure and improve the platform and fulfill our obligations under these Terms.
De-identified internal analysis
PondStat may create and internally use aggregated or de-identified information that does not reasonably identify you. We currently use this information internally to evaluate and improve PondStat’s calculations, features and overall platform performance.
Privacy Policy
Our collection, use, storage and deletion of personal information and associated pond data are also governed by the PondStat Privacy Policy, which is incorporated into these Terms by reference.
PondStat does not currently share, license or sell users’ operational pond data or de-identified pond datasets to universities, researchers, industry groups or other outside organizations. If that practice changes, PondStat will update its Privacy Policy and provide any notice or choice required by applicable law.
Protecting the platform and your work
Your original pond information remains yours. PondStat retains ownership of the technology, design and proprietary methods that operate the platform.
Intellectual property
PondStat platform
PondStat and its licensors retain all rights, title and interest in the platform, including its software, source code, database structures, interfaces, designs, branding, documentation, calculation methods, algorithms and other proprietary technology.
Your reports and outputs
While you comply with these Terms, you may use, download, print and share reports, graphs and other outputs generated from your data for legitimate personal, professional and internal business purposes.
Feedback and suggestions
If you voluntarily provide suggestions, ideas or feedback concerning PondStat, you allow us to use that feedback without restriction or compensation. This does not transfer ownership of your underlying user input data to PondStat.
Restrictions
Except for the limited rights expressly granted in these Terms, you may not reproduce, modify, sell, sublicense, publicly distribute or create derivative products from PondStat’s software, content or proprietary materials without written permission.
Third-party services
PondStat may rely on third-party providers to support portions of the platform, including payment processing, website hosting, cloud infrastructure, analytics, email delivery and security services.
Payment processing
Membership payments may be processed by an independent payment provider. Its terms and privacy practices may also apply to the payment information you provide.
Infrastructure and integrations
Some features may communicate with hosting, analytics or other supporting services needed to operate, secure and improve PondStat.
External websites and resources
Links to outside websites are provided for convenience. PondStat does not control and is not responsible for third-party content, availability, products or privacy practices.
The use of a supporting provider does not eliminate PondStat’s responsibilities under these Terms or its Privacy Policy.
Understanding PondStat’s role
PondStat provides tools for organizing data and supporting pond-management decisions. Your results depend on the accuracy of your information and conditions that the platform cannot control.
Disclaimers
PondStat provides analytical information—not guaranteed pond-management results.
Informational and analytical tool
PondStat organizes user-provided information and applies calculations intended to help users evaluate fish and pond data. Platform outputs are provided for general informational and analytical purposes.
Not professional or site-specific advice
PondStat is not a substitute for an on-site assessment or advice from a qualified fisheries biologist, pond manager, environmental professional, veterinarian or other appropriate specialist. You are responsible for deciding whether professional assistance is needed.
Results depend on your information
Calculations and reports depend on the completeness and accuracy of the measurements and other information entered into the platform. PondStat is not responsible for inaccurate results caused by incomplete, inaccurate or improperly collected user input data.
No guaranteed outcomes
PondStat does not guarantee fish growth, population balance, water quality, ecological conditions, financial results or any particular pond-management outcome.
Platform availability
We work to maintain a reliable platform, but we do not guarantee that PondStat will always be uninterrupted, completely secure or error-free. Maintenance, updates, technical problems and circumstances outside our reasonable control may temporarily affect availability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PONDSTAT AND ALL PLATFORM CONTENT, CALCULATIONS, REPORTS AND FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of liability
Your management decisions
You remain responsible for decisions and actions involving your pond, fish, property, business and use of platform outputs. You assume the risks associated with relying on information generated from the data you provide.
Excluded damages
To the maximum extent permitted by law, PondStat, Elegant Outdoor Solutions LLC and their owners, officers, employees, contractors and service providers will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for lost profits, revenue, data, business opportunities or goodwill.
Maximum liability
To the maximum extent permitted by law, PondStat’s total aggregate liability for all claims arising from or relating to the platform or these Terms will not exceed the amount you paid to PondStat during the 12 months immediately preceding the event giving rise to the claim.
Rights that cannot be excluded
Some jurisdictions do not allow certain warranty exclusions or limitations of liability. In those jurisdictions, these provisions apply only to the fullest extent permitted by applicable law and do not limit rights that legally cannot be waived.
When use ends and how these Terms apply
These provisions explain when access may be suspended or ended and establish the general legal rules governing this agreement.
Suspension and termination
Suspension by PondStat
We may restrict or suspend access when reasonably necessary to protect the platform, investigate suspected misuse, address a security risk, comply with law, resolve an overdue payment or prevent harm to PondStat, its users or another person.
Termination by you
You may stop using PondStat and request account deletion at any time. Ending or deleting an account does not automatically refund charges already paid and does not eliminate payment obligations incurred before termination.
Termination by PondStat
We may terminate an account for a material or repeated violation of these Terms, fraudulent activity, unlawful conduct, nonpayment or conduct that threatens the integrity or operation of the platform.
Account data after termination
Personal information and associated pond data will be handled in accordance with the PondStat Privacy Policy. PondStat may retain information when legally required and may retain information that was previously aggregated or de-identified so it no longer reasonably identifies you.
Provisions that by their nature should continue after termination—including ownership, payment obligations, disclaimers, limitations of liability, indemnification and governing-law provisions—will remain effective.
General legal terms
Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless Elegant Outdoor Solutions LLC dba PondStat and its owners, officers, employees, contractors and agents from third-party claims, losses, damages, liabilities and reasonable expenses arising from your unlawful use of the platform, your material violation of these Terms, your infringement of another person’s rights or information you submit to PondStat.
Governing law
These Terms and any dispute arising from or relating to them or the PondStat platform are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles.
Jurisdiction and venue
Any legal proceeding arising from these Terms or the platform must be brought in a court of competent jurisdiction located in Tennessee. You and PondStat consent to the personal jurisdiction of those courts, except where applicable law requires otherwise.
Changes to these Terms
We may revise these Terms when our services, business practices or legal obligations change. The updated version will be posted on this page with a revised effective date. We will provide additional notice of material changes when required by applicable law. Continued use after revised Terms become effective constitutes acceptance of those changes.
Electronic communications
You agree that notices, disclosures, receipts and other communications relating to PondStat may be provided electronically, including through the platform, website or email address associated with your account.
Assignment
You may not assign or transfer your rights or obligations under these Terms without PondStat’s prior written consent. PondStat may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets or transfer of the platform.
Severability and waiver
If any provision of these Terms is found unenforceable, it will be modified or limited to the minimum extent necessary, and the remaining provisions will continue in effect. A failure to enforce any provision is not a waiver of the right to enforce it later.
Events outside reasonable control
PondStat will not be responsible for a delay or failure caused by circumstances outside its reasonable control, including internet outages, hosting failures, natural disasters, governmental actions, labor disruptions, utility interruptions or widespread cybersecurity events.
Entire agreement
These Terms, the Privacy Policy and any additional terms expressly presented with a particular PondStat service constitute the entire agreement between you and PondStat concerning your use of the platform and replace prior discussions or agreements concerning that use.
Questions about these Terms?
Contact PondStat if you have questions about these Terms of Service, your membership, billing or use of the platform.
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