1. Agreement to these Terms
By creating an account, selecting “Agree and continue,” or using TankFoundry, you agree to these Terms, the Marketplace Rules, and any policies incorporated by reference. You acknowledge the Privacy Policy. If you do not agree, do not use TankFoundry.
2. Eligibility and accounts
You must be at least 18 years old and legally capable of entering a contract. You must provide accurate information, keep your login secure, and promptly notify TankFoundry of suspected unauthorized access. You are responsible for activity under your account and for employees or team members you authorize.
3. TankFoundry services
TankFoundry provides tools for aquarium, livestock, breeding, inventory, maintenance, financial and business recordkeeping, plus marketplace listings and user communications. Features may change, be limited, or be discontinued. You are responsible for keeping independent backups of records that are important to you.
4. Marketplace role
TankFoundry is a platform and communications venue only. Unless TankFoundry is expressly identified as the seller, TankFoundry is not a buyer, seller, breeder, broker, veterinarian, inspector, shipper, carrier, warehouse, escrow provider, payment processor, or agent of any marketplace user. A purchase agreement is solely between the buyer and seller.
TankFoundry does not independently verify or guarantee a user's identity, authority, listing accuracy, lawful ownership, species identification, genetics, sex, health, condition, compatibility, origin, availability, price, permits, packaging, shipping, arrival, survival, payment, refund, or fitness for a particular purpose.
5. Seller responsibilities
Sellers are solely responsible for their listings and transactions. A seller must:
- lawfully own or be authorized to sell every listed item or organism;
- accurately identify and describe species, quantity, health, condition, known disease or pest concerns, origin when material, price, shipping terms and refund or dead-on-arrival policy;
- obtain required licenses, permits, certificates and records;
- comply with animal-welfare standards and all federal, tribal, state, county, municipal and destination laws;
- use lawful, appropriate packaging and carriers and account for weather and transit risk; and
- collect, report and pay applicable taxes and resolve buyer claims.
6. Buyer responsibilities
Buyers must independently verify the seller, listing, legality and suitability of a purchase. Before arranging a transaction, the buyer must determine whether the organism or item may lawfully be purchased, possessed, imported, transported and received at the destination. Buyers are responsible for permits, quarantine, acclimation, biosecurity, appropriate housing and care, and compliance with the seller's disclosed payment, shipping and claim procedures.
7. Prohibited conduct and listings
You may not use TankFoundry for illegal, fraudulent, deceptive, abusive or unsafe activity. Prohibited listings include unlawfully collected wildlife; illegal, invasive, injurious, protected, threatened or endangered species; organisms the seller cannot legally ship or the buyer cannot legally receive; knowingly sick or materially misrepresented livestock; unsafe or recalled equipment; prescription or controlled drugs; stolen goods; and anything prohibited by the Marketplace Rules or applicable law.
8. Live-organism and aquarium risks
Keeping, breeding, transferring and shipping aquatic organisms carries inherent risks, including stress, injury, death, disease, parasites, pests, contamination, invasive-species impacts, equipment failure, property damage and personal injury. Conditions can change rapidly and user-entered measurements may be incomplete or inaccurate. You assume these risks and remain responsible for appropriate care, quarantine, testing and professional assistance.
9. No veterinary, legal, tax or professional advice
TankFoundry's calculations, alerts, target ranges, reminders and educational information are general tools, not veterinary, biological, legal, tax, accounting or other professional advice. Verify critical measurements and decisions with appropriate testing and a qualified professional.
10. Payments, subscriptions and taxes
Paid subscriptions may renew automatically at the price and interval shown at checkout until canceled. The checkout provider's terms may also apply. Unless required by law or expressly stated otherwise, fees already paid are nonrefundable. Users are responsible for transaction-related taxes, fees, chargebacks and reporting obligations. TankFoundry currently does not guarantee or insure user-to-user marketplace payments.
11. User content and license
You retain ownership of content you submit. You grant TankFoundry a worldwide, nonexclusive, royalty-free license to host, store, reproduce, display, resize and distribute that content as reasonably necessary to operate, secure, promote and improve the service. You represent that you have the rights needed to submit the content and that it does not violate law or another person's rights.
12. Moderation, reports and enforcement
TankFoundry may, but is not required to, investigate reports; preserve relevant records; restrict visibility; remove content; cancel listings; limit features; or suspend or terminate accounts when it reasonably believes safety, fraud prevention, legal compliance, platform security or these Terms require it. TankFoundry may cooperate with lawful requests from authorities.
13. User disputes
Buyers and sellers are responsible for resolving their own disputes, including payment, shipping, condition, identification, survival, refunds and chargebacks. TankFoundry may facilitate communication but has no obligation to mediate, decide, reimburse or guarantee a transaction.
14. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, TANKFOUNDRY IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY OR SECURITY. TANKFOUNDRY DOES NOT WARRANT THAT THE SERVICE OR ANY TRANSACTION WILL BE ERROR-FREE, SAFE, LEGAL, UNINTERRUPTED OR SUCCESSFUL.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TANKFOUNDRY AND ITS OWNERS, OPERATORS, AFFILIATES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; LOST PROFITS, DATA OR GOODWILL; OR LOSS, INJURY, DEATH, DISEASE, PROPERTY DAMAGE, SHIPPING FAILURE, PAYMENT LOSS OR USER CONDUCT ARISING FROM THE SERVICE OR A USER TRANSACTION. TANKFOUNDRY'S TOTAL LIABILITY FOR A CLAIM WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TANKFOUNDRY DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THOSE LIMITATIONS APPLY ONLY TO THE EXTENT LAWFUL.
16. Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless TankFoundry and its owners, operators, affiliates and service providers from claims, losses, liabilities and reasonable costs arising from your content, listings, transactions, animals or plants, violation of law, violation of these Terms, or infringement of another person's rights.
17. Suspension and termination
You may stop using TankFoundry at any time. TankFoundry may suspend or terminate access for violations, suspected fraud, threats to people or animals, security risk, nonpayment, legal requirements or discontinuation of the service. Provisions that should reasonably survive termination—including ownership, disclaimers, liability limits, indemnification and dispute provisions—will survive.
18. Changes to these Terms
TankFoundry may update these Terms. Material changes may require a new affirmative acceptance before continued use. The displayed effective date and version identify the applicable terms.
19. Governing law and venue
These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law rules. Subject to applicable consumer law, legal proceedings must be brought in a court with jurisdiction in Winston County, Alabama. Before filing a claim, the parties agree to make a good-faith effort to resolve it informally.
20. General terms
If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. Failure to enforce a provision is not a waiver. You may not transfer your account or these Terms without permission. These Terms and incorporated policies are the agreement between you and TankFoundry concerning the service.
21. Contact
Questions or legal notices may be submitted through the contact method published at tankfoundry.app.