WaterGuru, Inc. End User License Agreement
Last Revised: June 10, 2019
This is a legal agreement (“Agreement”) between you (“you” or “your”) and WaterGuru, Inc. (“we”, “us”, “our” or “WaterGuru”) covering your use of software published by us, for use on mobile devices, tablets, personal computers and other devices in connection with the WaterGuru Pool Water Treatment System (the “App”). As the term is used in this Agreement, the App includes all updates and upgrades and any software manuals, online materials, files, online or backend service and documentation of any kind. Be sure to read the following agreement before using the Software. By installing, accessing and using the App, you agree to be legally bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download or use the App and remove all copies of it from Your devices. WaterGuru may make changes to the Agreement and post the changed terms. Your continued use of the App after we post revised terms indicates your acceptance of the revised terms. We encourage you to review this Agreement whenever you access the App.
1. Scope of License
You acknowledge that this Agreement is solely between you and us, and not with Apple, and we, not Apple, are solely responsible for the App and the content thereof.
WaterGuru hereby grants you a personal, non-exclusive, non-assignable and non-transferable license, without the right of sublicense, to use the App on any single smartphones, tablet or other related devices which you own and control, in connection with the WaterGuru Pool Water Treatment System (“WaterGuru System”) for non-commercial and personal use only.
You acknowledge that the WaterGuru System is licensed for your use by the WaterGuru Terms of Sale and Use (“WaterGuru TOS”), provided separately from WaterGuru [LINK] and incorporated herein by reference. All capitalized terms in this Agreement will have the same meaning as used in the WaterGuru TOS.
You may use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules outlined in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
The rights granted hereunder are subject to your compliance with the terms and conditions of this Agreement. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, commercially exploit, circulate, or in any way transfer or assign the App or any part thereof, to any third party (including, without limitation, the display and distribution of the App via a third-party website), or use the App with any devices other than the WaterGuru System without the express prior written consent of WaterGuru.
You represent and warrant that you have purchased a WaterGuru System from WaterGuru or an authorized reseller and that you will use the App solely with that WaterGuru System.
You further agree that you will not disassemble, decompile, reverse engineer, create derivative works from or otherwise modify the App, except to the extent permitted by applicable law and if all of the three following conditions are met: (a) it is essential to reverse engineer the App in order to achieve operability of App with another software program, (b) you have requested that WaterGuru provide the information necessary to achieve such operability with at least ninety (90) days advance written notice, and (c) WaterGuru has not made such information available to you.
You will not use WaterGuru proprietary content, information or materials, including any trademarks, in any way except as permitted or required to use or communicate with WaterGuru System. You will not use the App or the WaterGuru System in any manner that is inconsistent with the terms of this EULA, the WaterGuru TOS, any other agreement you have with WaterGuru, or in a way that infringes any intellectual property rights of a third-party.
You shall not exploit the WaterGuru website, App or any other services in any unauthorized way whatsoever, including but not limited to, using the App or website to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity.
You may not rent, lease, sell, sublicense or create derivative works of the App. You may not copy the App other than as specified herein. You may not make the App available over a network which allows multiple users or devices to access the App at once or to enable network access of the WaterGuru System other than as permitted by using the App as described in the documentation. You may not remove any proprietary notices or labels on the App. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
WaterGuru makes no representation that the App or the WaterGuru System is appropriate or available for use in any particular location. To the extent you choose to use or access the App with the WaterGuru System, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. WaterGuru reserves the right to change, suspend, remove, or disable access to the App at any time without notice. In no event will WaterGuru be liable for the removal of or disabling of access to the App or to a WaterGuru System. WaterGuru may also impose limits on the use of or access to WaterGuru Systems without notice or liability.
WaterGuru retains all rights not expressly granted hereunder.
2. Maintenance and Support
We are solely responsible for providing any maintenance and support services for the App, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
3. Consent to Use of Data
You agree that WaterGuru may collect and use technical and personal data and related information—including but not limited to technical information about your device, system and App, peripherals and WaterGuru System. Such data will be gathered periodically as part of the normal operation of the WaterGuru System to enable specific functions, facilitate transactions between you and WaterGuru or to allow the provision of App updates, product support and other services to you (if any) related to the App. We may use any such information in a form that does not personally identify You to improve our products or to provide services or technologies to you.
The Agreement is valid until terminated by you or us. Your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, you shall cease all use of the App and destroy all copies, full or partial, of the App. Terminating your use of the App does not terminate any other obligations that you may have to WaterGuru in connection with the WaterGuru TOS.
6. External Services; Third-Party Materials
The App requires Internet access to enable your use of the WaterGuru website or WaterGuru System. Access and use of the WaterGuru website or the WaterGuru System requires you to accept and comply with the WaterGuru TOS.
You agree to use the WaterGuru App at your sole risk.
Neither WaterGuru nor its agents warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, third-party materials or websites, or for any other materials, products, or services of third-parties. If WaterGuru provides third-party materials and links to other websites, we offer them solely as a convenience to you.
You and WaterGuru acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, WaterGuru, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP, INCLUDING CONTROL AND MANAGEMENT OF THE WATERGURU SYSTEM ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WATERGURU HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WATERGURU DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WATERGURU OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
8. Product Claims
You and WaterGuru acknowledge that WaterGuru, not Apple, is responsible for addressing any of your claims or any third-party relating to the App or your possession and/or use of the App, WaterGuru System and Replenishment Supplies, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with your Licensed Application’s use of the HealthKit and HomeKit frameworks.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WATERGURU BE LIABLE FOR BODILY INJURY, DAMAGE TO TANGIBLE PERSONAL PROPERTY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP OR THE WATERGURU SYSTEM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WATERGURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR BODILY INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE PRECEDING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Governing Law
This Agreement is governed by the laws of California, without regard to California’s conflict or choice of law provisions. Your use of the App may also be subject to other local, state, national, or international laws.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Any questions, complaints or claims regarding the App, a WaterGuru System or Replenishment Supplies should be directed to:
150 Post Street
San Francisco, CA 94108
14. Third Party Beneficiary
Apple and Apple’s subsidiaries are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.