You may choose to subscribe (“Subscription”) to access premium features in the Application. You will be billed in advance on a recurring basis for the duration of your choice (monthly or annually).
Your Subscription will be charged to your Apple or Google Play account at confirmation of purchase. Your Subscription will automatically renew at the end of your Subscription period unless cancelled at least 24 hours prior to the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
You can manage your subscription or turn off auto-renewal at any time from your iTunes or Google account settings. Cancellation of the active subscription period is not allowed.
All subscriptions may be final and non-refundable. By accepting these terms, you agree that CyanoLakes in not required to provide a refund for any reason.
CyanoLakes may change, modify or remove features of the Subscription at any time, with or without notice to you. This includes changing the source of satellite imagery provided through the app as a result of a change in pricing or the terms of satellite imagery providers. In this instance, you agree that CyanoLakes will not be liable to you or any third party.
CyanoLakes, at its sole discretion and at any time, may modify the fees charged for Subscriptions. Subscription fee changes will require you to opt-in to the new fee to continue using the Subscription at the end of the then-current Subscription period.
The CyanoLakes Application is owned and operated by CyanoLakes. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services and all other elements of the Application are protected by International copyright and intellectual property law.
All material contained on the Application are the property of CyanoLakes and/or third party licensors. All suggestions, enhancement requests, feedback, recommendations or other input provided by the User shall be owned by CyanoLakes.
The User grants CyanoLakes, a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate said suggestions, enhancements, feedback and/or recommendations into the Application. Unless authorized by CyanoLakes in writing, you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials.
Limitation of liability
CyanoLakes, its directors, employees or agents shall not be liable for any damages or loss whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages or loss, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the Application or any information, or inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Excluded consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.
Disclaimer and Warranties
Use of the Application is at your sole risk. The Application is provided “as is” and without warranties of any kind (express or implied, including, but not limited to, fitness for a particular purpose).
CyanoLakes does not warrant that a) the information will function uninterrupted, or be available at a specific time or location, b) any errors or defects present in the Application will be corrected, c) the information provided through the Application will meet your requirements.
The Application relies upon information collected by satellites. The latency (delivery time) and availability (coverage) of information are affected by natural weather phenomenon, and may be interrupted as a result of maintenance, satellite transmission failure, instrument failure, internet connectivity failure, computer malfunctions, cyber-attacks, power failures or Acts of God. The User indemnifies and holds CyanoLakes and its employees harmless against any loss or damages that may result from such interruptions.
The User acknowledges that variability beyond the control of CyanoLakes or its employees, related to, but not limited to, natural phenomenon, satellite instrument performance or calibration, may result in errors being present in the information provided. The User agrees that the information provided is preliminary in nature and must be verified through observations or measurements made on the ground. The User acknowledges that CyanoLakes and its employees will not be liable for any loss or damages they may suffer as a result of its reliance on the data obtained from CyanoLakes
The Application provides information related to the risk to human health from cyanobacteria blooms in surface waterbodies. The cyanobacteria risk levels, cyanobacteria cell counts and potential microcystin toxin concentrations are based on the World Health Organisation standards and guidelines. The Application does not provide other important water quality information. The User will therefore be responsible to use other water quality information, that may or may not be available, before determining whether or not a waterbody is safe for use. Users should always follow advisories issued by their local authorities.
You agree that CyanoLakes may terminate your access to the Application, at our sole discretion, without cause or notice, and without penalty, at any time. CyanoLakes may also at any time discontinue providing access to the Application, or any part thereof, with or without notice to you. You agree that termination of your access to the Application or any portion thereof may be effected without prior notice, and you agree that CyanoLakes will not be liable to you or any third party for any such termination. Upon termination, your right to use the Application will immediately cease. If you wish to terminate your account, you may uninstall the Application from your device, or discontinue using the Application.
Update of these Terms
CyanoLakes may update these Terms, from time to time, due to changes in the services we offer or other circumstances. The User agrees to familiarise themselves with these Terms, as revised from time to time, and your continued use of the Application shall indicate your acceptance of any revised Terms.
Any claim related to these Terms will be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
If you have any questions regarding these Terms, please email firstname.lastname@example.org.
14 May 2021