Terms of Service

Last Updated: March 29, 2024

1. Acceptance of Terms

These terms of use are entered into by and between You and AquaEdge LLC ("Company," "we," or "us"). The following terms and conditions govern your access to and use of aquaedge.co, including any content, functionality, and services offered on or through aquaedge.co (the "Website"), whether as a guest or a registered user.

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

2. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them
  • Ensuring all registration information is correct, current, and complete
  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account

3. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not:

  • Modify copies of any materials from this site
  • Delete or alter any copyright, trademark, or other proprietary rights notices
  • Access or use for any commercial purposes any part of the Website or materials
  • Transfer any rights granted to you under these Terms

4. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. Changes become effective immediately upon posting to our website. Your continued use of the Services following any changes constitutes acceptance of those changes. We may, but are not obligated to, notify you of material changes via email or through our Services. It is your responsibility to review these Terms periodically.

5. Account Terms

You are responsible for:

  • Maintaining accurate account and business information
  • Ensuring the security of your account credentials
  • All activities occurring under your account
  • Proper use of the Services in accordance with these Terms
  • Compliance with all applicable laws and regulations

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms or suspected fraudulent, abusive, or illegal activities.

6. Payment Terms

By subscribing to our Services:

  • You agree to pay all fees according to your selected plan
  • All payments are processed securely through our authorized payment providers
  • You may cancel your subscription at any time
  • We reserve the right to modify pricing with 30 days notice
  • Failure to maintain valid payment information or pay fees may result in service suspension

We maintain a strict no-refund policy. However, refund requests may be considered on a case-by-case basis by contacting our support team.

7. Service Availability and Modifications

Regarding our service availability:

  • We do not guarantee uninterrupted or error-free service
  • We may modify, suspend, or discontinue any part of our Services at any time
  • We reserve the right to change features, requirements, or rules without notice
  • Service interruptions may occur for maintenance, updates, or factors beyond our control
  • We are not liable for any service interruptions, errors, or data loss

8. Data Usage and Privacy

By using our Services, you agree to our data handling practices as described in our Privacy Policy. You acknowledge and agree that:

  • We may collect and use data from your use of the Services
  • We may use aggregated, anonymized data to improve our Services
  • You are responsible for obtaining necessary consents from your customers
  • We may share data with third-party service providers as needed
  • We implement reasonable security measures but cannot guarantee absolute security

Message Storage and AI Processing: Our Services store SMS messages sent and received through our platform to provide message history and automated response capabilities. Messages may be processed using AI-powered tools to generate responses. You are responsible for obtaining any necessary consent from your customers regarding message storage and processing. While we implement security measures to protect message data, we cannot guarantee absolute security.

9. Intellectual Property

All rights, title, and interest in the Services, including all intellectual property rights, remain with AquaEdge. You receive only a limited, non-exclusive, non-transferable license to use the Services as intended. You may not copy, modify, distribute, sell, or lease any part of our Services or included software.

10. Limitation of Liability

To the maximum extent permitted by law:

  • AquaEdge shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability shall not exceed the amount paid by you for the Services in the past 12 months
  • We are not liable for any loss of data, profits, or business opportunities
  • We do not guarantee specific business outcomes or results
  • You agree to indemnify us against any claims arising from your use of the Services

11. Term and Termination

These Terms remain in effect while you use our Services. We reserve the right to terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of South Carolina, and you consent to the personal jurisdiction of such courts.

13. Contact Information

For questions about these Terms or our Services, please contact us at support@aquaedge.co