Terms of Service

Last Updated: January 1, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and AquaAI ("Company," "we," "us," or "our") regarding your access to and use of the AquaAI web application, including any related services, features, content, and applications (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

IMPORTANT: These Terms contain an arbitration clause and class action waiver (Section 14) that affects your legal rights. Please read it carefully.

2. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that:

  • You are at least 13 years of age
  • You have the legal capacity to enter into these Terms
  • You are not prohibited from using the Service under applicable law
  • All information you provide is accurate, current, and complete

If you are under 18, you confirm that you have obtained parental or guardian consent to use the Service.

3. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information to keep it accurate and current
  • Maintain the security of your password and account credentials
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account

You may not share your account credentials or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Service Description

AquaAI provides a voice-powered hydration tracking platform with AI coaching features, including:

  • Voice-based beverage logging using speech recognition
  • Daily hydration goal calculation and progress tracking
  • AI-powered hydration coaching and personalized recommendations
  • Streak tracking, achievements, and gamification features
  • Premium AI agent subscriptions (NutriCoach, EnergyBoost, SleepWell, MindfulMe)

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

5. Subscription and Payment Terms

5.1 Free Trial

We offer a 7-day free trial for new users. You will not be charged during the trial period. You may cancel at any time during the trial without being charged.

5.2 Subscription Plans

After the free trial, you may subscribe to:

  • Base Tier: Free access to core hydration tracking and base AI coach
  • Premium Agents: Individual AI agent subscriptions ($3.99-$4.99/month each)
  • Agent Bundle: All premium AI agents at a discounted rate

5.3 Payment and Billing

  • Subscriptions automatically renew monthly unless canceled
  • You authorize us to charge your payment method on each renewal date
  • Prices are in U.S. dollars and subject to change with 30 days notice
  • All payments are processed securely through Stripe
  • Payment method updates can be made in your account settings

5.4 Cancellation and Refunds

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. We do not offer refunds for partial months or unused portions of subscriptions, except as required by law or at our sole discretion.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You may not:

  • Violate any applicable laws, regulations, or third-party rights
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Attempt to gain unauthorized access to the Service, accounts, or systems
  • Use automated means (bots, scrapers) to access the Service without permission
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Upload malicious code, viruses, or harmful content
  • Harass, abuse, or harm other users
  • Use the Service for any commercial purpose without our written consent

We reserve the right to investigate violations and take appropriate action, including suspension or termination of accounts.

7. Intellectual Property Rights

The Service, including all content, features, functionality, software, code, design, graphics, logos, and trademarks, is owned by AquaAI and protected by U.S. and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or create derivative works from the Service without our written permission.

8. User-Generated Content

You retain ownership of any content you submit through the Service (e.g., hydration logs, voice inputs, messages to AI coaches). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your content solely to provide and improve the Service.

You represent and warrant that you own or have the necessary rights to submit your content and that it does not violate any laws or third-party rights.

9. Health Disclaimer

⚠️ IMPORTANT HEALTH DISCLAIMER

AquaAI is a wellness tool designed to help you track hydration habits. It is not a medical device and does not provide medical advice, diagnosis, or treatment. The recommendations provided by our AI coaches are for informational purposes only and should not replace professional medical advice.

You acknowledge and agree that:

  • You should consult a healthcare professional before making significant changes to your hydration or health routines
  • We do not guarantee specific health outcomes from using the Service
  • Individual hydration needs vary based on many factors (health conditions, medications, climate, activity level)
  • You are solely responsible for your health decisions and should seek medical attention for health concerns
  • We are not liable for any health issues arising from your use of the Service

10. Third-Party Services and Links

The Service may integrate with or contain links to third-party services, websites, or applications (e.g., Stripe for payments, weather APIs). We do not control these third parties and are not responsible for their content, privacy practices, or terms. Your use of third-party services is at your own risk and subject to their terms and policies.

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or harmful components. We do not guarantee the accuracy, completeness, or reliability of any content or recommendations provided through the Service.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUAAI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless AquaAI and its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising out of:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your content submitted through the Service

13. Termination

We may suspend or terminate your account and access to the Service at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Any reason at our sole discretion

Upon termination, your right to use the Service immediately ceases. We may delete your account and data in accordance with our data retention policies. Sections of these Terms that by their nature should survive termination shall survive.

14. Dispute Resolution and Arbitration

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law principles.

14.2 Arbitration Agreement

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

You and AquaAI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in court.

The arbitration will be conducted in Arizona, or remotely via videoconference. The arbitrator's decision will be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

YOU AND AQUAAI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

14.4 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights. You may also assert claims in small claims court if they qualify.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page with a new "Last Updated" date
  • Sending an email notification to your registered email address

Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AquaAI regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

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

16.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or network infrastructure failures.

17. Contact Information

If you have questions about these Terms, please contact us:

AquaAI

Email: legal@aquaai.com

Support: support@aquaai.com

Address: Phoenix, Arizona, United States

By using AquaAI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.