Terms and conditions
PondManager
Terms and conditions
1. Who we are
PondManager is a service of Baspro IT, trading as PondManager.
- Address: Rugstraat 30, 4711 CS Sint Willebrord, the Netherlands
- Chamber of Commerce (KvK) number: 72403985
- VAT number: NL002365557B08
- Email: info@pondmanager.nl
In these terms we refer to ourselves as "PondManager", "we" or "us".
2. Definitions and scope
- Service: the website pondmanager.nl, the web app and the mobile apps for iOS and Android, including everything in them.
- User or you: anyone who creates an account or uses the service.
- Consumer: a user who is not acting for their trade, business or profession.
- Dealer: a business (such as a koi dealer) that signs up for the dealer guide or organises a grow-out.
- Plan: a paid subscription (Observer, Manager or Expert).
- Credits: balance for the photo studio.
These terms apply to all use of the service and to every purchase made within it. Terms of users or dealers themselves do not apply. If a provision is invalid, the other provisions remain in force.
3. Your account
- You provide accurate details when creating your account and keep them up to date.
- You keep your password secret. Anything done through your account is your responsibility.
- If you notice misuse of your account, let us know right away at info@pondmanager.nl.
4. Free trial
A new account gets 14 days of free access to the service. You don't need to enter any payment details and the trial never turns into a paid plan by itself. After the trial you can only access your settings until you choose a plan.
5. Plans, prices and payment
- The plans, what they include and the current prices are shown on the pricing page. A plan always runs for one year.
- You pay in advance through our payment provider Mollie. You see the total amount including VAT before you pay. You receive the invoice by email.
- If you choose another currency, we convert the amount at the exchange rate of that moment. You then pay in that currency.
- If you take out a plan during your trial, the remaining trial days are added to your plan year.
- Discount codes and promotions (such as free use for KoiCave members) only apply under the conditions stated with that promotion.
- Price changes never apply to a period you have already paid for.
No automatic renewal
A plan does not renew by itself and we never charge you automatically. From 30 days before the end date you can renew via My subscription. The new year starts on your current end date, so you don't lose any days. There is nothing to cancel: if you don't renew, your plan simply ends.
Upgrading and downgrading
- During a running plan you can upgrade to a higher plan. You then pay the price difference for the remaining months: (annual price difference ÷ 12) × the number of remaining months, where a started month counts as a full month, rounded up to whole euros, plus a € 1 administration fee. These amounts exclude VAT; you see the total including VAT before you pay. The end date stays the same.
- If you upgrade to Expert, you receive the credits that come with Expert.
- You choose a lower plan at your next renewal. We do not refund anything for the current period.
Changes to the plans
We keep improving PondManager, so features may change, be added or move to a different plan. During a period you have already paid for, we will not remove an essential feature from your plan without offering you something reasonable in return, such as a free upgrade or a pro rata refund.
6. Right of withdrawal (cooling-off period)
If you are a consumer, an online purchase normally comes with a 14-day cooling-off period. At PondManager you get access to your plan or credits immediately after payment. That is why, at checkout, we explicitly ask you to have the service start right away and to confirm that you thereby waive your right of withdrawal. Only then can you pay.
The free 14-day trial is there so you can try PondManager at your own pace first.
Dealers act as a business and have no right of withdrawal.
7. End of your plan and your data
- When your trial or plan ends, you can only access your settings. Your data is kept, even if you don't renew. If you renew later, everything is ready for you again.
- You can delete your account yourself at any time via the settings in the web app or the app. We then delete your data as described in our privacy policy.
- If you delete your account during a paid period, we do not refund anything. Unused credits are also forfeited.
- We may block or terminate an account if someone seriously or repeatedly breaches these terms. Where reasonable, we warn you first.
8. Photo studio and credits
- The photo studio edits your koi photo automatically: the fish is cut out, straightened and placed on a clean background. For this we use software and an external image processing service. The result is an edited representation, not an unaltered photo.
- You buy credits in bundles. The prices including VAT are shown on the purchase page. One credit is deducted per photo as soon as the edit starts.
- If you are not happy with the result, the credit is not refunded. If the edit fails for technical reasons, the credit is refunded automatically. A photo that is rejected beforehand costs nothing.
- Credits you receive for free (for example with a new account or with Expert) are a bonus.
- Credits are personal, cannot be exchanged for money and cannot be transferred to another account.
9. Your content
- Photos, videos, measurements and texts you add to PondManager remain yours.
- You allow us to store, process and display that content to the extent needed to provide the service. We only use your content for marketing if you give separate permission.
- If you make something public, for example as a challenger in a grow-out, anyone can see that content within PondManager and on the public pages of that grow-out. What is visible depends on your settings.
- You only post content you have the rights to and that does not violate the law or the rights of others. We may remove or hide content that does, or that is offensive or misleading.
10. Grow-outs
- A grow-out is organised by a dealer or other organiser, who sets the rules, participation and any prizes, and approves challenger entries.
- PondManager only provides the platform. We are not a party to arrangements between the organiser and participants and are not responsible for the outcome, the prizes or the fish themselves.
- We may hide a grow-out or an entry if it breaches these terms.
11. Dealer guide
The dealer guide is intended for businesses. For dealers, the following also applies:
- After you sign up, we get in touch. Once approved, you receive a payment link. Your listing goes live as soon as payment is received. We may refuse a sign-up without giving reasons.
- A listing always runs for one year and is paid in advance. Featuring (appearing at the top in your region) is only available together with a listing, for a prepaid period, and is limited per region.
- Nothing renews automatically. Around 30 days before the end date we send a payment link for renewal. If you don't pay on time, your profile disappears from the guide. You can always still pay afterwards.
- Prices are shown when you sign up and exclude VAT.
- You are responsible for the accuracy of your business details, opening hours, photos and texts. We may correct or take offline details that are inaccurate or misleading.
- We do not guarantee any number of visitors, enquiries or customers.
- Dealers keep access to My business and the dealer guide, even without their own PondManager plan.
12. Fair use, API and AI connection
- Use the service for its intended purpose. You may not overload or scrape the service, circumvent security or resell access.
- With Expert you can connect PondManager to other software or your own AI assistant. Keep your access keys secret: anything done with your key is your responsibility. We may set limits and revoke a key in case of misuse.
13. No advice
PondManager helps you keep track of your pond and koi: measurements, growth, photos and reminders. Calculations, such as those of the water value calculator, are an indication and depend on what you enter yourself. PondManager does not give advice on water quality, feeding or health. You make your own decisions about your pond and your fish. If in doubt, consult an expert.
14. Availability
We do our best to keep PondManager available and secure at all times and make regular backups. We cannot guarantee that the service is never interrupted or always error-free. The service may occasionally be offline briefly for maintenance. If you use the app via the App Store or Google Play, the terms of Apple or Google for downloading the app also apply.
15. Liability
- Our liability is limited to the amount you paid for your current plan year. For dealers, it is the amount of the current listing.
- We are not liable for indirect damage, such as consequential loss, lost revenue or damage to your pond or fish resulting from decisions you make based on data in PondManager.
- These limitations do not apply in case of intent or deliberate recklessness on our part, nor to the extent the law does not allow them for consumers.
16. Privacy
How we handle your personal data is described in our privacy policy and our cookies policy.
17. Changes to these terms
We may change these terms. We announce a material change at least 30 days in advance by email or in the service. If you don't agree, you can delete your account before the change takes effect. You then keep any period you have already paid for until its end date under the old terms.
18. Complaints and governing law
If you have a complaint, email it to info@pondmanager.nl. We respond as quickly as possible and look for a solution together with you.
These terms and the use of PondManager are governed by Dutch law. If you are a consumer in another EU country, you keep the protection of the mandatory law of your own country.
These terms are also available in Dutch and German. In case of any difference between the versions, the Dutch text prevails.
