EcoWater Systems LLC
iQua App Terms and Conditions of Use
Effective Date: December 7, 2020
Last Modified: December 7, 2020
The EcoWater iQua Apps (the “App” in both iPhone and Android versions) are services of EcoWater Systems LLC, a Delaware limited liability company (“EcoWater,” “us”, “our” or “we”) and is applicable to other EcoWater subsidiaries as defined at the end of this document. These EcoWater Systems LLC Terms and Conditions of Use and any additional terms, conditions or policies that we post in the App from time-to-time, including our Privacy Policy (collectively, the “Terms of Use”) set forth the terms and conditions under which you (“You”, “Your” or “Customer”) may use the Apps and any services available on the App including the ability to view online reports and receive alerts from the App (the “Service”) on the status of Wi-Fi and/or Bluetooth connected water softeners, water filters or other products (the “Products”).
Please read these Terms of Use carefully before using the Service. By clicking a button or link marked “I agree” or using the Service, you are indicating your agreement to be legally bound by these Terms of Use. If you do not agree to these terms you must not use the App. We recommend that you print a copy for future reference.
1. Changes to Terms of Use. EcoWater reserves the right to change these Terms of Use at any time and from time to time without notice to you. Such change shall be effective upon posting on the App or through the Service. If EcoWater changes these Terms of Use, we will also revise the “Last Updated” date at the top of this page. It is your responsibility to review any revised Terms of Use. Should you find any subsequent revisions to these Terms of Use unacceptable, you must immediately cease using the App and Service. Your entry and/or use of the App or the Service after EcoWater posts any revised Terms of Use constitutes your agreement to any such revised Terms of Use without objection.
2. Termination/Suspension of the App and/or Service. EcoWater may, in its sole absolute discretion, discontinue the App and/or Service or terminate or suspend your use or general use of the App and/or the Service, or any portion thereof, at any time, with or without notice and for any reason including for reasons of denial of service, system failure, maintenance or repair, or circumstances beyond our reasonable control. You agree that if your authorization to enter the App or use of the Service is terminated or suspended, you will not thereafter enter, or attempt to enter, the App or use the Service, directly or indirectly.
3. Products. EcoWater accepts no responsibility for the accuracy of the Service and these Terms of Use provide you with no additional rights from EcoWater as it relates to the Products. If you purchase Products, our Terms and Conditions of sale conditions will apply to the sales.
4. Fee. EcoWater reserves the right to institute or modify a fee for the App and/or Service at any time and from time to time.
5. Pre-Conditions. To use the Service you will need to: (i) buy the Product; (ii) have an always-on wireless broadband Internet connection between the Product and a connected mobile device, which may be used to provide some limited portion of the information available through a fully connected Wi-Fi connection; and (iii) have access to EcoWater’s mobile App in order to install, configure and use the Service.
6. Registration. You will need to register online for the Service at which time you will provide a User Name (your active email address) and a Password. You may register only once with EcoWater. You may also register other email address under your account during setup or after by accessing the Setup menu. You agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow access to your account, you will be responsible for all such use. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
7. Unauthorized Use. You agree to (a) immediately notify EcoWater, using the in-country access numbers and email addresses provide below, of any unauthorized use of your password and/or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
8. Changes to App and Service. We may update and change the App and/or Service from time to time to reflect changes to our Products, our users’ needs and our business priorities.
9. Availability of App and Service. We do not guarantee that the Service, or any content provided on the App and/or Service, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons with or without notice.
10. Content of the App and Service. The content on the App and/or Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the App and/or Service. Although we make reasonable efforts to update the information on the App and/or Service, we make no representations, warranties or guarantees, whether express or implied, that the content on the App and/or Service is accurate, complete or up to date.
11. Ability to receive notifications. Your ability to use the Service and receive notifications depends on your various devices and service providers. EcoWater cannot and does not provide any guarantees for the availability or security of the App and the Service. We cannot and do not provide any guarantees for your ability to receive notifications sent to you by the Service. You must test the Service to ensure compatibility.
12. Security. You acknowledge that you alone are responsible for protecting your computer hardware, software, and data from unauthorized access, viruses, spyware and all other types of malicious code.
13. Limitation of Liability. You expressly acknowledge and agree that your use and access of the Service is at your sole risk. To the maximum extent permitted by applicable law, the App (including, without limitation, the Service) is provided to you on an “AS IS” and “AS AVAILABLE” basis.
14. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. NOTHING IN THESE TERMS OF USE SHALL AFFECT YOUR STATUTORY LEGAL RIGHTS AND REMEDIES AS A CONSUMER.
15. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products to you, which will be set out in our Terms and conditions of sale.
16. You agree that EcoWater, its subsidiaries and affiliates do not have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if the service is used in a commercial or industrial application.
17. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
18. Links to Other Sites. This App may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with us. Linked websites, including those operated by EcoWater, may have their own policies on use and privacy, which you should review if you visit them. We are not responsible for the content of any websites that we do not control, any use of those websites, or the privacy practices of those websites.
19. Jurisdiction and Governing Law. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Minnesota. You agree that the non-exclusive jurisdiction of the federal or state court in Woodbury MN.
Contacting Us.
If you have any questions about these Terms of Use, please contact us at the email address and phone numbers given below.
EcoWater LLC
1890 Woodlane Drive
Woodbury, MN 55125
USA
+1 (800) 722-0476
privacy@ecowater.com