General Terms and Conditions

1. Provider and scope

The provider is Michael Matefi, Kriens LU, Switzerland ("Tridaqua", "we"). Contact: WhatsApp +41 79 464 64 79.

These terms apply to all users and customers ("you"). Deviating terms only apply if we agree to them in writing. Mandatory consumer protection provisions remain reserved.

2. Services

Tridaqua is a system for monitoring and controlling marine aquariums. It consists of:

• the website tridaqua.com with information and a waiting list (free of charge)
• the Tridaqua software, which runs on a small computer next to the aquarium and brings together devices from different manufacturers
• the account on my.tridaqua.com for remote access, alerts and backups
• in future, the shop for hardware and accessories

Tridaqua is under development. Features, supported devices and prices may change. Information on the website is non-binding until it becomes part of an order.

3. Waiting list

Joining the waiting list is free and non-binding. It creates no right to delivery, a price or a date.

4. Account

You must be at least 18 years old or have the consent of your legal guardian to create an account. Your information must be true. Keep your login credentials secret and enable the second factor; you are responsible for actions taken through your account.

You may invite other people as members to your systems and are responsible for the rights you grant them.

You can delete your account at any time. We may suspend or delete accounts in case of misuse, breach of these terms or prolonged inactivity, with prior notice.

Unless stated otherwise, the account is free of charge. We announce paid services in advance; they only apply after your express consent.

5. Use of the software

You receive a simple, non-transferable right to use the Tridaqua software for your own aquariums. Rights to software, brand and content remain with Tridaqua. Where parts are licensed under open source licences, those licences take precedence.

You must not misuse the software, circumvent security mechanisms, overload our services or control other people's systems without authorisation.

We provide updates at our discretion. Tridaqua asks for your confirmation before installing them.

6. Important notice on controlling devices and living animals

Tridaqua can switch and regulate devices on the aquarium (for example lights, pumps, heaters, dosing pumps, top-off). Tridaqua checks commands with limits, approvals and read-backs. Nevertheless, errors may occur, for example due to power outages, network faults, defective sensors, incorrect settings, changes to third-party devices or software bugs.

You remain responsible for your aquarium and the animals in it. In particular:

• check your aquarium regularly yourself and do not rely on Tridaqua alone
• use independent safeguards, such as a heater controller with its own cut-off, mechanical overflow protection and a dosing limit on the device
• review setpoints, limits and dosing amounts before approving them
• follow the instructions and safety regulations of the device manufacturers

Tridaqua is not a safety system and no substitute for supervision. Support for a device does not mean its manufacturer has tested or approved Tridaqua. Interfering with third-party devices may affect their manufacturer warranty; this is your responsibility.

7. Availability

The software at the aquarium also works without internet. For my.tridaqua.com, alerts and backups we aim for high availability but do not guarantee uninterrupted operation. Maintenance, provider outages (for example hosting, mobile networks, push services) and force majeure remain reserved. Alerts may arrive late or not at all.

8. Shop: conclusion of contract

Products shown in the shop are not a binding offer. By submitting an order you make an offer. The contract is concluded when we confirm the order or ship the goods. An automatic acknowledgement of receipt is not yet an acceptance.

We currently deliver to Switzerland and Liechtenstein. Deliveries to other countries only by agreement.

9. Shop: prices and payment

Prices are in Swiss francs (CHF). If we are subject to VAT, VAT is included and shown on the invoice. Shipping costs are shown before you complete your order.

Available payment methods are shown during checkout. In case of late payment we may charge default interest of 5% after a reminder (Art. 104 Swiss Code of Obligations).

10. Shop: delivery

Delivery times are estimates. If a delivery time is significantly exceeded, you may set us a reasonable grace period and then withdraw from the contract; amounts already paid will be refunded. Benefit and risk pass to you on delivery.

Inspect the shipment on receipt and report transport damage within 7 days so we can claim it from the carrier.

11. Shop: returns

Swiss law provides no statutory right of withdrawal for online purchases. We voluntarily grant you a 14-day return right from receipt for unused, complete goods in their original packaging. Please notify us of the return in advance via WhatsApp. You bear the return shipping costs; we refund the purchase price within 14 days of receipt. Custom-made products and opened consumables are excluded.

12. Shop: warranty

We are liable for defects in new goods for 2 years from delivery (Art. 210 Swiss Code of Obligations). Report a defect immediately upon discovery (Art. 201). We remedy the defect at our option by repair or replacement. If this fails within a reasonable period, you may request a price reduction or withdraw from the contract.

Not considered defects: damage caused by improper handling, water or moisture beyond the stated protection rating, unauthorised modifications, normal wear or use contrary to the instructions. Any manufacturer warranties remain unaffected.

13. Liability

We are liable without limitation for damage caused intentionally or through gross negligence, for personal injury and under the Product Liability Act.

Otherwise our liability is excluded to the extent permitted by law, in particular for slight negligence, consequential damage and lost profit, data loss and damage to animals, corals, plants, water, aquariums and connected devices caused by failure, malfunction or misuse of the software, third-party devices, power supply or network. For free services we are only liable for intent and gross negligence.

We are liable for auxiliary persons to the same extent (Art. 101 para. 2 Swiss Code of Obligations).

14. Data protection

How we process personal data is described in the privacy policy at tridaqua.com/en/datenschutz.

15. Changes to these terms

We may amend these terms. For existing accounts we will announce material changes at least 30 days in advance. If you continue to use your account afterwards, the new terms apply; if you object, you can delete your account. Purchases are governed by the version valid at the time of the order.

16. Final provisions

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules. Place of jurisdiction is Lucerne. For consumers, the mandatory places of jurisdiction under Art. 32 of the Swiss Civil Procedure Code also apply, and mandatory protective provisions of their country of residence remain reserved.

If any provision is invalid, the remaining provisions remain valid. The invalid provision is replaced by one that comes closest to its purpose.