River Monitor — Terms of Service

DRAFT, not legal advice, for lawyer review. This is a starting draft. It has not been reviewed by a lawyer and must not be relied on until an Australian lawyer has reviewed it. Version 1.2 draft, 31 October 2026. Square-bracketed items must be completed.

1. Who we are

River Monitor is operated by Himil Pty Ltd (ABN [ABN]) trading as AI Cubed ("we", "us"). Contact: [CONTACT EMAIL], [POSTAL ADDRESS]. By creating an account or using River Monitor you agree to these terms.

2. What River Monitor is (and is not)

River Monitor publishes satellite-based estimates of river widths, reservoir areas and levels, sediment and related indicators. All figures, alerts, outlooks and beta tools are experimental estimates. They can be wrong, late or missing. Some tools are marked "Beta, low confidence" because they have not passed our own accuracy tests.

Do not use River Monitor for safety-critical, navigation, flood-warning, emergency or operational decisions. Always rely on official sources (for example national hydro-meteorological agencies and the Mekong River Commission).

3. Accounts

• You must give a valid email address and keep your password secret. You're responsible for activity on your account.
• You must be 18 or over, or have permission from a parent or guardian.
• We may suspend or close accounts that break these terms, misuse the service, or put other people or our systems at risk. Where reasonable we'll tell you first.
• You can close your account at any time by contacting us. See the Privacy Policy for what we keep and for how long.

4. Plans, pilot and subscriptions

• Pilot: while billing is switched off, all accounts get Pro features free ("Free during pilot"). We will give at least [30] days' notice by email before any paid plan starts. Nobody is charged automatically when the pilot ends; you choose whether to subscribe.
• Paid plans: Pro is a recurring subscription billed [monthly] in Australian dollars at the price shown on the pricing page when you subscribe, [including GST]. It renews automatically until you cancel.
• Cancelling: you can cancel at any time from "Manage billing" on your account page. Cancellation takes effect at the end of the current billing period, and you keep Pro features until then.
• Price changes: we will give at least [30] days' notice of a price change. You can cancel before it takes effect.
• Payments are processed by Stripe. We never see or store your full card number. Stripe's own terms also apply to payment processing.
• Refunds: [Refund policy to be set, for example a pro-rata refund on request within 14 days of first subscribing.] Nothing in these terms limits refunds you are entitled to under the Australian Consumer Law.

5. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited. Where we're allowed to limit our liability for a failure to meet a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again. [Lawyer to confirm the wording and how it applies to business customers and customers outside Australia.]

6. Acceptable use

• Don't try to break, overload, scrape at high volume, or get around the security or plan limits of the service.
• Don't share your API key or account with others.
• If you republish our figures, credit "River Monitor (AI Cubed)" and the underlying data sources listed on the Data attributions page, and say that the figures are experimental estimates.

7. Field partners and submitted data

Some invited users ("field partners") can submit gauge readings, sediment sample details, photos, locations and notes through the field kit.

• You must only submit readings you or your team actually took, and photos you have the right to share. Don't photograph people without their permission, or where photography is not allowed.
• You keep ownership of what you submit. You give Himil Pty Ltd a worldwide, royalty-free, non-exclusive, perpetual licence to store, review, use, combine and publish the submitted data (for example in aggregated or calibration form) to run and improve River Monitor. We will credit field partners where you ask us to and where it's practical.
• We review submissions and may reject, correct-flag or delete any of them. Submitted data is used for checking and calibrating our estimates. It is not published as an official record.
• Follow local laws and safety rules, and never put yourself at risk to take a reading. Field work is at your own risk, to the extent the law allows.
• [Lawyer: consider a separate field partner agreement covering any payments, permits, local data laws (Cambodia, Lao PDR, Thailand, Viet Nam) and insurance.]

8. Intellectual property and data sources

The River Monitor software, design and analysis belong to Himil Pty Ltd. Third-party data (for example Copernicus Sentinel, NASA/CNES SWOT, OpenStreetMap and ERA5) is used under its own licences, listed on the Data attributions page.

9. Liability

Subject to section 5, and to the extent the law allows: the service is provided "as is"; we are not liable for any loss arising from reliance on estimates, alerts or outlooks; and our total liability to you is limited to the amount you paid us in the 12 months before the claim. [Lawyer to review.]

10. Changes, governing law and contact

We may update these terms. We will email account holders about material changes at least [30] days before they take effect. These terms are governed by the laws of [New South Wales], Australia. Contact: [CONTACT EMAIL].