Terms of service

These Terms of Service (“Terms”) govern your purchase and use of CyberAquarium, a desktop aquarium application for Windows (“Software”), developed and offered by channing xiao, an individual software developer (“the developer”, “we”, “us”, “our”). By purchasing or using the Software, you agree to these Terms. If you do not agree, do not use the Software.

1. Licence grant

The free version of the Software may be used without purchase, subject to its built-in limits (for example, one tank and a limited set of fish).

Upon successful payment, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the full version on devices you own or control, up to the activation limit shown at checkout (currently three devices). This is a one-time purchase, not a subscription, unless we explicitly state otherwise at checkout.

2. Restrictions

You may not, and may not permit others to:

• redistribute, resell, rent, lease or sublicense the Software or licence keys;
• reverse engineer, decompile or disassemble the Software, except where permitted by law;
• remove or alter proprietary notices, branding or licence mechanisms;
• circumvent activation or device limits;
• use the Software for unlawful purposes or to infringe third-party rights;
• share one licence across multiple users or organisations beyond personal use.

3. Your content

You may create tanks, scenery, presets and fish in the Software. You are responsible for ensuring you have the right to use any third-party assets you import or share. We do not claim ownership of your creations, and they stay on your device unless you choose to share them.

4. Payment

Payment is processed by Creem, which acts as our Merchant of Record. By completing checkout you also agree to Creem’s applicable terms and policies. Pricing, currency and taxes are shown at checkout.

5. Licence delivery and activation

After purchase you receive a licence key by email. Enter it in the app to unlock the full version. Keep the key confidential. We may limit the number of activations per licence to prevent abuse.

If you lose your key, contact support; we may re-issue a new key and revoke the old one. Revoking an old key ends its activations.

6. Updates

We may provide updates, patches and new features at our discretion. Unless stated otherwise on the website at the time of sale, updates to the major version you purchased are included in your one-time licence. A future major version may be sold separately.

7. Termination

We may suspend or revoke your licence if you breach these Terms, if a payment is reversed, or if required by law. Upon termination you must stop using the Software and uninstall all copies. Sections that by nature should survive termination — including disclaimers and limitations of liability — will survive.

8. Disclaimer of warranties

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT THE SOFTWARE WILL RUN ON EVERY HARDWARE AND DRIVER COMBINATION.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM YOUR USE OF THE SOFTWARE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE LICENCE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Governing law

These Terms are governed by the laws of Shanghai, People’s Republic of China, without regard to conflict-of-law principles. Disputes shall be resolved in the courts of Shanghai, People’s Republic of China, unless mandatory consumer protection laws in your country require otherwise.

11. Changes

We may update these Terms from time to time. Material changes will be posted on this page with an updated date. Continued use after changes constitutes acceptance where permitted by law.

12. Contact

Questions about these Terms: [email protected]. Billing and refunds: [email protected].

Operated by channing xiao, an individual software developer.