Terms of Service
TMSR Holdings, Inc., dba Aquarium Manufacturing
Effective: March 23, 2026
These Terms of Service ("Terms") govern your access to and use of the Aquarium platform and related services ("Services") provided by TMSR Holdings, Inc., a Delaware corporation doing business as Aquarium Manufacturing ("Aquarium," "we," "us," or "our"). By accessing or using our Services, you agree to these Terms.
1. Services
Aquarium provides AI-powered assistants designed to work with manufacturing ERP systems. Our Services include the Aquarium platform, AI assistants, web applications, APIs, and related documentation.
2. Eligibility
You must be at least 18 years old and have the authority to bind the entity on whose behalf you are using the Services. By creating an account, you represent that you meet these requirements.
3. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@aqmfg.com if you become aware of any unauthorized use.
4. Early Access Program
During the early access period, we offer free access to the Buyer Assistant at no charge and with no commitment to renew. Early access terms, features, availability, and duration are subject to change at our discretion. We will provide reasonable notice before making material changes to the early access program.
Early access users acknowledge that the Services are under active development. Features may change, and service interruptions may occur. We appreciate your feedback during this period and will use it to improve the platform.
5. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
- Attempt to reverse engineer, decompile, or disassemble any part of the Services.
- Interfere with or disrupt the integrity or performance of the Services.
- Use the Services to transmit malware, viruses, or other harmful code.
- Share account credentials with unauthorized parties.
- Use the Services in a manner that could damage, disable, or impair our infrastructure.
6. Your Data
You retain all rights to the data you upload to or process through the Services ("Your Data"). You grant us a limited license to use Your Data solely to provide, maintain, and improve the Services as described in our Privacy Notice.
We will not use your operational, manufacturing, inventory, or purchasing data to train AI models without your explicit written opt-in. Our data handling practices are described in detail in our Privacy Notice at aqmfg.com/privacy.
7. Intellectual Property
The Services, including all software, algorithms, designs, documentation, and trademarks, are the property of TMSR Holdings, Inc. and are protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Services as described herein.
Fishbowl® and Fishbowl Advanced™ are trademarks of Fishbowl, Inc. Aquarium is not affiliated with, endorsed by, or sponsored by Fishbowl, Inc. or its parent companies.
8. Third-Party Integrations
The Services are designed to integrate with third-party ERP systems and other software. We are not responsible for the availability, accuracy, or functionality of third-party systems. Your use of third-party software is governed by the respective provider's terms. Changes to third-party systems or APIs may affect the functionality of our Services.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. AI-generated recommendations and actions require human review and approval before execution. We do not guarantee the accuracy of AI outputs.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TMSR HOLDINGS, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
11. Indemnification
You agree to indemnify and hold harmless TMSR Holdings, Inc. and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; or (c) your violation of any third-party rights.
12. Term and Termination
These Terms remain in effect while you use the Services. Either party may terminate at any time. We may suspend or terminate your access immediately if you violate these Terms.
Upon termination, your right to use the Services ceases immediately. We will retain your data for 90 days following termination to allow for data export, after which it will be permanently deleted in accordance with our Privacy Notice.
13. Dispute Resolution
Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the State of Delaware.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Exceptions: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
15. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or through a notice on our website at least 30 days before the changes take effect. Your continued use of the Services after such notice constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
16. General Provisions
- Entire Agreement: These Terms, together with our Privacy Notice, constitute the entire agreement between you and Aquarium regarding the Services.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
17. Contact Us
If you have questions about these Terms, contact us at:
TMSR Holdings, Inc., dba Aquarium Manufacturing 382 NE 191st St PMB 571794 Miami, Florida 33179-3899 US