Terms of service

Last updated: July 16, 2026

OVERVIEW

Welcome to Aquaphoria. The terms “we,” “us,” and “our” refer to Aquaphoria.

Aquaphoria operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Aquaphoria is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you have provided consent for any minor dependents under your supervision to use the Services on devices you own or manage.

To access, browse, or purchase through the Services, you may be asked to provide information including your name, email address, billing address, shipping address, telephone number, and payment information.

You represent that all information you provide is correct, current, and complete and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for activity performed through your account. You may not sell, transfer, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to accurately describe and display our products.

Colors, metallic coverage, patterns, body shape, size, and other visual characteristics may appear differently depending on lighting, photography, display settings, and the device used to view the Services.

Live medaka, shrimp, and other aquatic animals have natural individual variation. Unless a listing specifically states that the exact fish, shrimp, or group pictured will be shipped, photographs may be representative of the strain, variety, grade, age, or type offered.

When a listing states “actual fish pictured” or similar language, the photographs are intended to represent the specific fish or group being offered. However, a live animal’s appearance may still change because of age, sex, maturity, health, stress, lighting, environment, water conditions, diet, or transport.

We do not guarantee that a live animal will develop a particular future color, pattern, body shape, sex, breeding ability, fertility, grade, or trait unless an express written guarantee is included in the product listing.

Sexing live fish and shrimp is performed to the best of our ability when a listing is sold as a male, female, pair, or sexed group. Unless expressly stated otherwise, sex determinations are not guaranteed with absolute certainty, especially for young or immature animals.

All product descriptions, pricing, availability, quantities, and specifications may be changed at any time without notice.

We reserve the right to limit quantities, discontinue products, refuse sales, or restrict availability by person, household, geographic region, or jurisdiction.

SECTION 3 — ORDERS

Submitting an order constitutes an offer to purchase.

Aquaphoria may accept, reject, modify, hold, or cancel an order for reasons including product availability, suspected fraud, pricing errors, payment issues, shipping restrictions, weather conditions, unsafe temperatures, carrier limitations, legal restrictions, or concerns regarding the welfare of live animals.

An order is not considered accepted until payment has been successfully processed and Aquaphoria confirms or begins fulfillment of the order.

Please review your order, shipping address, email address, telephone number, and selected shipping method carefully before submitting it.

We may be unable to change or cancel an order after it has entered processing, packing, or fulfillment.

If we reject, modify, hold, or cancel an order, we may attempt to contact you using the email address, billing address, shipping address, or telephone number provided with the order.

Purchases, refunds, returns, exchanges, cancellations, store credits, and replacements are governed by our Return and Refund Policy and, where applicable, our Shipping & DOA Policy.

Return and Refund Policy:
https://aquaphoria.shop/policies/refund-policy

Shipping & DOA Policy:
https://aquaphoria.shop/pages/shipping-doa-policy

You are responsible for determining whether the products you purchase may legally be possessed, imported, transported, bred, sold, or maintained in your location.

SECTION 4 — PRICES, PAYMENTS, AND BILLING

Prices, sales, promotions, and discounts may change without notice.

The price charged will generally be the price displayed when the order is submitted, subject to correction of errors.

Unless expressly stated otherwise, displayed prices do not include shipping fees, handling fees, taxes, duties, customs charges, import charges, permits, inspections, or other governmental fees.

Prices offered through the online store may differ from prices available through local sales, social media sales, events, wholesale arrangements, marketplaces, or other sales channels.

Promotions may be subject to separate terms. If promotional terms conflict with these Terms of Service, the promotional terms will control for that promotion.

You agree to provide current, complete, and accurate payment and account information.

You represent that:

1. You are authorized to use the payment method provided.
2. The payment information provided is accurate.
3. Charges submitted through the payment method will be honored.
4. You will pay all authorized charges, shipping fees, taxes, and other applicable amounts.

We may cancel orders associated with declined payments, chargebacks, suspected fraud, unauthorized payment methods, or incorrect billing information.

SECTION 5 — SHIPPING AND DELIVERY

Shipping dates, delivery dates, and transit times are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, natural disasters, service interruptions, transportation problems, customs processing, government action, incorrect addresses, inaccessible delivery locations, customer unavailability, or other circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address. Additional costs caused by an incorrect, incomplete, or undeliverable address may be charged to the customer.

Orders containing live fish, shrimp, eggs, or other aquatic livestock may be delayed or held when weather, temperature, carrier operations, holidays, or other conditions could create an unreasonable risk to the animals.

Aquaphoria may select or change a shipment date, carrier service, insulated packaging method, heat pack, cold pack, or other packing method when reasonably necessary for animal welfare or successful delivery.

Live-animal orders are governed by our Shipping & DOA Policy, including all eligibility requirements, delivery procedures, reporting deadlines, photographic or video evidence requirements, exclusions, and available remedies.

Shipping & DOA Policy:
https://aquaphoria.shop/pages/shipping-doa-policy

Customers purchasing live animals are responsible for monitoring tracking information, making arrangements to receive the package promptly, and following any acclimation or arrival instructions provided.

A carrier delay does not automatically qualify an order for a refund, replacement, or store credit. Eligibility is determined under the Shipping & DOA Policy and applicable law.

SECTION 6 — LIVE-ANIMAL CARE AND CUSTOMER RESPONSIBILITY

Live fish, shrimp, eggs, plants, and other aquatic organisms require appropriate water parameters, temperature, acclimation, housing, filtration, feeding, quarantine, and care.

The customer is responsible for researching and preparing suitable conditions before placing an order.

Aquaphoria is not responsible for injury, illness, trait loss, breeding failure, death, or other problems that occur after successful live arrival because of circumstances including:

1. Improper acclimation.
2. Inappropriate water parameters.
3. Ammonia, nitrite, chlorine, chloramine, copper, contaminants, or toxins.
4. Inadequate temperature control.
5. Aggressive or incompatible tankmates.
6. Failure to quarantine.
7. Disease or parasites already present in the customer’s system.
8. Improper medication or chemical use.
9. Inadequate filtration or oxygenation.
10. Escapes, jumping, predation, equipment failure, or household accidents.
11. Failure to follow provided instructions.
12. Conditions outside Aquaphoria’s control after delivery.

No statement made on the Services should be interpreted as veterinary, medical, or professional animal-health advice. Customers should consult a qualified aquatic veterinarian or other appropriate professional when necessary.

SECTION 7 — INTELLECTUAL PROPERTY

The Services and their contents, including trademarks, branding, text, photographs, graphics, product descriptions, logos, videos, audio, layouts, and designs, are owned by or licensed to Aquaphoria and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services for personal, noncommercial purposes only.

Without our prior written permission, you may not reproduce, copy, distribute, modify, publish, publicly display, republish, download, store, transmit, sell, exploit, or create derivative works from the Services or their content, except where permitted by law.

Aquaphoria’s name, logos, product names, designs, and slogans are trademarks or protected branding belonging to Aquaphoria or its licensors.

Shopify’s name, trademarks, logos, products, and services belong to Shopify.

All other trademarks belong to their respective owners.

SECTION 8 — OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to tools, applications, integrations, payment services, shipping services, reviews, social-media features, or other technology operated by third parties.

We do not control or monitor all third-party tools.

Third-party tools are provided “as is” and “as available,” without representations, warranties, or endorsements by Aquaphoria.

Your use of third-party tools is at your own risk and may be governed by separate terms and privacy policies.

We may add or remove features, tools, integrations, services, and resources at any time.

SECTION 9 — THIRD-PARTY LINKS

The Services may include links to websites, services, content, or resources operated by third parties.

We are not responsible for reviewing or guaranteeing the accuracy, legality, security, availability, policies, products, or services of third-party websites.

Accessing a third-party website is at your own risk.

Questions, complaints, or claims regarding third-party products and services should be directed to the applicable third party.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

Aquaphoria is powered by Shopify, which provides technology used to operate the Services.

Sales made through the store are transactions directly between you and Aquaphoria.

Shopify is not responsible for the products sold by Aquaphoria or for injury, damage, loss, delay, or claims arising from transactions between you and Aquaphoria.

To the extent permitted by law, you release Shopify and its affiliates from claims arising directly from your purchases or transactions with Aquaphoria.

SECTION 11 — PRIVACY

Personal information collected through the Services is handled under our Privacy Policy.

Aquaphoria Privacy Policy:
https://aquaphoria.shop/policies/privacy-policy

Shopify Privacy Policy:
https://www.shopify.com/legal/privacy

Because the Services are hosted by Shopify, information submitted through the Services may be transmitted to or processed by Shopify and other service providers, including providers located outside your state or country.

By using the Services, you acknowledge that you have reviewed the applicable privacy policies.

SECTION 12 — FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit reviews, photographs, videos, comments, ideas, suggestions, feedback, or other content to us, you grant Aquaphoria a nonexclusive, worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, edit, publish, distribute, display, and promote that content for lawful business purposes.

You represent that:

1. You own the submitted content or have permission to submit it.
2. The content does not violate another person’s intellectual-property, privacy, publicity, or other rights.
3. The content is truthful and not unlawfully misleading.
4. You have disclosed any compensation or incentive received for submitting it.
5. The content does not include malicious code or unlawful material.

We are not required to keep submissions confidential, compensate you, publish them, or respond to them.

We may monitor, edit, refuse, or remove submitted content that we reasonably believe violates these Terms or applicable law.

SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions regarding product descriptions, availability, pricing, promotions, shipping charges, photographs, traits, quantities, or estimated delivery times.

We reserve the right to correct errors, update information, change or cancel listings, and cancel affected orders at any time, including after an order has been submitted.

If an order is canceled because of a material pricing or listing error, amounts collected for the canceled item will be refunded using the original payment method or another legally permitted method.

SECTION 14 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

1. Violate any federal, state, local, provincial, territorial, or international law.
2. Infringe intellectual-property, privacy, publicity, contractual, or other legal rights.
3. Harass, threaten, abuse, defame, intimidate, or harm another person.
4. Transmit false, fraudulent, or materially misleading information.
5. Impersonate another person or entity.
6. Introduce viruses, malware, harmful code, or destructive technology.
7. Send spam, phishing messages, unauthorized promotions, or similar solicitations.
8. Collect or track another person’s personal information without authorization.
9. Bypass security, access controls, robot exclusions, rate limits, or protective measures.
10. Scrape, copy, reproduce, resell, or exploit the Services without permission.
11. Interfere with the operation, security, availability, or integrity of the Services.
12. Use the Services to purchase, ship, import, possess, breed, or sell organisms in violation of applicable law.

We may suspend or terminate access if we reasonably believe these Terms have been violated.

SECTION 15 — AUTOMATED AGENTS

An “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of a person or entity.

Agents accessing the Services must accurately identify themselves and may not conceal automated activity, imitate human behavior to bypass restrictions, circumvent CAPTCHAs, avoid security measures, or disregard instructions restricting automated access.

We may limit or block automated access at any time.

SECTION 16 — TERMINATION

We may suspend or terminate your access to the Services, cancel an account, or discontinue any portion of the Services at any time when permitted by law.

You remain responsible for amounts properly due before termination.

Provisions that should reasonably survive termination will continue to apply, including provisions concerning intellectual property, feedback, disclaimers, liability, indemnification, governing law, and dispute resolution.

SECTION 17 — DISCLAIMER OF WARRANTIES

Except for any express written guarantee provided in a product listing, our Return and Refund Policy, or our Shipping & DOA Policy, the Services and products are provided “as is” and “as available” to the fullest extent permitted by law.

We do not guarantee that:

1. The Services will always be uninterrupted, secure, timely, or error-free.
2. Product information will always be complete or free from error.
3. A product will meet every individual expectation.
4. A live animal will display a specific future trait, color, sex, fertility level, breeding performance, or lifespan.
5. Care information will be suitable for every aquarium, pond, tub, climate, or individual animal.

To the fullest extent permitted by law, we disclaim implied warranties including merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Some jurisdictions do not permit certain warranty exclusions. Where those laws apply, the exclusions above apply only to the extent legally permitted.

SECTION 18 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Aquaphoria and its owners, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages.

This includes lost profits, lost revenue, lost savings, lost data, replacement costs, loss of breeding opportunity, loss of anticipated offspring, loss of livestock after successful delivery, or similar damages arising from:

1. Use or inability to use the Services.
2. Products purchased through the Services.
3. Reliance on information presented through the Services.
4. Errors or omissions in content.
5. Carrier delays or events outside our reasonable control.
6. The customer’s aquarium, pond, tub, equipment, acclimation, quarantine, or husbandry conditions.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

SECTION 19 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Aquaphoria, Shopify, and their respective owners, affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal fees arising from:

1. Your violation of these Terms.
2. Your violation of applicable law.
3. Your violation of another person’s rights.
4. Your misuse of the Services.
5. Information or content you submit through the Services.

We will provide reasonable notice of an indemnifiable claim when practicable. You agree to cooperate with the defense of such claims.

SECTION 20 — SEVERABILITY

If any provision of these Terms is determined to be illegal, invalid, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will remain valid and enforceable.

SECTION 21 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

These Terms and the policies referenced in them constitute the entire agreement regarding your use of the Services and supersede prior communications or agreements concerning that use.

Any ambiguity will not automatically be interpreted against the party that drafted these Terms.

SECTION 22 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Aquaphoria may assign or transfer its rights or obligations as part of a business reorganization, sale, merger, transfer of assets, or similar transaction, subject to applicable law.

SECTION 23 — GOVERNING LAW

These Terms of Service and any separate agreements through which Aquaphoria provides products or Services are governed by the laws of the State of Louisiana and applicable federal laws of the United States, without regard to conflict-of-law principles.

To the extent permitted by law, disputes will be brought in the appropriate state or federal courts serving the jurisdiction in which Aquaphoria is headquartered.

Nothing in this section removes consumer rights or remedies that cannot legally be waived.

SECTION 24 — CHANGES TO THESE TERMS

You may review the current version of these Terms of Service on this page at any time.

We may update, revise, or replace these Terms by posting an updated version through the Services.

When legally required, we will provide notice of material changes.

Continued use of the Services after updated Terms become effective constitutes acceptance of those updated Terms.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Aquaphoria
3092 Sunrise Blvd
Slidell, Louisiana 70461-5679
United States

Email: sumixim@aol.com
Phone: +1 228-806-5385

Contact page:
https://aquaphoria.shop/pages/contact