This End User License Agreement ("EULA") is an agreement between you and WaterTDS Inc. ("WaterTDS," "we," "us," or "our"). It governs your use of the software embedded in TDSBot devices and any related firmware (the "Product Software").
IMPORTANT NOTICE ABOUT DISPUTES: SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER. UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 16, MOST DISPUTES BETWEEN YOU AND WATERTDS WILL BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT BEFORE A JUDGE OR JURY.
Acceptance: By installing, activating, or using a TDSBot device or the Product Software, you agree to this EULA. If you do not agree, do not use the Product Software. If you purchased the device directly from WaterTDS and do not agree, you may return it for a refund of the purchase price within 30 days of delivery by contacting support@watertds.com.
Who is agreeing: If you accept this EULA on behalf of a company or other organization, you confirm that you are authorized to do so, and "you" means that organization. You also confirm that you are of legal age to form a binding contract where you live, and that you have the right to install the device at the location where it is installed.
Related terms: Your use of the watertds.com website and the TDSBot mobile and web apps is governed by our Terms of Service. Our Privacy Policy explains how we handle personal information. Hardware warranty and returns are covered by our Limited Warranty and Return Policy.
Order of precedence: If you have signed a separate written agreement with WaterTDS covering TDSBot (such as a master services, subscription, distribution, or OEM agreement), that agreement controls wherever it conflicts with this EULA.
Your legal rights: You may have rights under the laws of your state or country that this EULA cannot change. Nothing in this EULA limits those rights where the law does not allow them to be limited.
1. Definitions
"Device" means a TDSBot water quality monitoring device that you own or lawfully control. "Product Software" means the firmware and software embedded in or installed on the Device, including Updates. "Updates" means patches, bug fixes, upgrades, and other modifications to the Product Software. "Device Data" means data the Device generates, such as TDS readings, water temperature, flow rate, volume filtered; filter status, and device diagnostics. "Services" means the TDSBot apps, dashboards, cloud platform, alerts, and related online services.
2. License
Subject to this EULA, WaterTDS grants you a limited, non-exclusive, non-sub licensable, revocable license to use the Product Software in object code form, solely on the Device on which it was installed and solely to operate that Device. You may use the Device and Product Software for personal, household, or internal business purposes, including monitoring water systems at premises you operate or manage for customers. The Product Software is licensed, not sold.
3. Transfer with the Device
You may transfer this license only together with the Device, and only if the new owner agrees to this EULA. After a transfer, you must stop using the Device account and Services associated with that Device. You may not otherwise sell, rent, lease, lend, or transfer the Product Software.
4. Restrictions
Except as expressly allowed in this EULA or by applicable law that cannot be waived, you will not, and will not permit others to:
- copy the Product Software, or use it on any device other than the Device;
- modify, translate, adapt, or create derivative works of the Product Software;
- decompile, disassemble, or reverse engineer the Product Software, or attempt to derive its source code;
- remove or alter any proprietary notices, labels, or marks;
- sublicense, distribute, host, or make the Product Software available to third parties, or use it to provide a service bureau or competing product;
- use the Product Software to build or benchmark a competing product or service;
- bypass or interfere with any security, authentication, or licensing controls;
- introduce viruses, malware, or other harmful code, or use the Product Software to interfere with the Device, the Services, or any network or system; or
- Use the Product Software in violation of any law, or to infringe anyone's privacy or other rights.
This section does not restrict you from sharing honest reviews, opinions, or assessments of the Device or Product Software.
5. Automatic Updates
WaterTDS may provide Updates to improve performance, security, accuracy, or features, or to comply with law. Updates may be installed automatically when the Device is connected to the internet, and you consent to this. Some Updates may be required for the Device or Services to keep working. If you do not want Updates, your option is to stop using the Device. This EULA applies to all Updates unless an Update comes with different terms.
6. Device Data and Privacy
The Device collects Device Data and sends it to our Services so we can show you readings, send alerts, estimate filter life, and provide support. We handle any personal information as described in our Privacy Policy.
As between you and WaterTDS, you may access and export your Device Data through the Services while your account is active. You grant WaterTDS a worldwide, royalty-free license to use Device Data to provide, maintain, secure, and improve the Device and Services. We may also create aggregated or de-identified data that does not identify you or a specific location, and we may use and share that data for any lawful purpose, including research, benchmarking, and product development.
7. Connectivity and Changes to Services
Many Device features depend on a working Wi-Fi connection, your network equipment, mobile operating systems, and third-party cloud providers, none of which WaterTDS controls. We may change, suspend, or discontinue features of the Services. If we plan to discontinue cloud support for a Device model, we will make reasonable efforts to give you advance notice. Any subscription or service commitments are governed by your subscription terms or separate written agreement, not this EULA.
8. Ownership, Feedback, and Open Source
Ownership: WaterTDS and its licensors own the Product Software and all intellectual property rights in it. We reserve all rights not expressly granted to you. No licenses are granted by implication.
Feedback: If you give us suggestions or feedback, you grant WaterTDS a perpetual, irrevocable, royalty-free license to use it for any purpose without obligation to you. We are not required to use any feedback.
Open source: Some components of the Product Software are licensed under open-source licenses. Those components are governed by their own license terms, which are available on request at support@watertds.com. Nothing in this EULA limits your rights under those licenses.
9. What TDSBot Measures (Important Limitations)
PLEASE READ THIS SECTION CAREFULLY: TDSBot measures total dissolved solids (TDS), water temperature, flow, and volume, and uses these to estimate filter performance and remaining filter life. TDSBot:
- does not detect or measure lead, arsenic, bacteria, viruses, nitrates, PFAS, pesticides, or most other specific contaminants;
- is not a certified laboratory test, a medical or health device, or a safety device;
- does not determine whether water is safe to drink; and
- is not a substitute for testing required by any law, regulation, permit, or health authority.
A normal or low TDS reading does not mean water is free of harmful contaminants. If you have concerns about water safety, use a certified laboratory and follow the guidance of your water utility or health authority. Readings, alerts, and estimates ("Product Information") depend on correct installation, calibration, sensor condition, water conditions, and connectivity, and may be delayed, interrupted, or inaccurate.
10. Savings Estimates and Recommendations
The Product Software may show estimates of filter life, water use, or cost savings, and may recommend when to change filters. These are estimates based on available data and assumptions. Actual results depend on factors outside our control. WaterTDS does not guarantee any particular savings, filter life, or other financial benefit unless we have agreed to a specific guarantee in a signed written agreement.
11. Warranty Disclaimer
The Device hardware is covered by our Limited Warranty and Return Policy. EXCEPT AS STATED IN THAT LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT SOFTWARE, SERVICES, AND PRODUCT INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." WATERTDS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WATERTDS DOES NOT WARRANT THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT PRODUCT INFORMATION WILL BE ACCURATE OR TIMELY.
Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- WATERTDS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE DEVICE, PRODUCT SOFTWARE, SERVICES, OR PRODUCT INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
- WATERTDS'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS EULA, THE DEVICE, PRODUCT SOFTWARE, SERVICES, OR PRODUCT INFORMATION WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID WATERTDS FOR THE DEVICE AND SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
These limits apply to all theories of liability, including contract, tort, negligence, and strict liability, and are not increased by multiple claims. They do not limit liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited under applicable law. Some jurisdictions do not allow the limitation of incidental or consequential damages, so these limits may not apply to you.
13. Term and Termination
This EULA starts when you first use the Device or Product Software and continues until terminated. You may terminate it at any time by stopping all use of the Product Software. WaterTDS may terminate it if you materially breach this EULA and, where the breach can be fixed, you do not fix it within 30 days after we notify you. When this EULA ends, your license ends and you must stop using the Product Software. Sections 6 (second paragraph), 8, and 9 through 19 survive termination.
14. Changes to This EULA
We may update this EULA from time to time. We will post the updated version on this page and change the "Last updated" date. For material changes, we will also notify you by email or through the app at least 30 days before they take effect, unless a change is required sooner by law. Changes will not apply to disputes that arose before the change took effect. If you do not agree to a change, you may stop using the Product Software before it takes effect. Continuing to use it afterward means you accept the updated EULA.
15. Export Compliance
The Device and Product Software are subject to U.S. export control and sanctions laws and may be subject to those of other countries. You will comply with these laws and will not export, re-export, or transfer the Device or Product Software to any prohibited country, person, or end use.
16. Dispute Resolution and Arbitration
16.1 Informal resolution first: Before starting arbitration or a court case, you and WaterTDS agree to try to resolve the dispute informally for at least 60 days. To start, send a written notice describing the dispute and the relief sought: you to legal@watertds.com and 2204 Oak Haven Ave, Simi Valley, CA 93065 USA; we will use the email address on your account.
16.2 Agreement to arbitrate: If the dispute is not resolved, you and WaterTDS agree that any dispute, claim, or controversy arising out of or relating to this EULA, the Device, the Product Software, or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA"). The AAA Consumer Arbitration Rules apply if you use the Device primarily for personal or household purposes; otherwise the AAA Commercial Arbitration Rules apply. The arbitrator decides all issues, except that a court decides questions about the scope, enforceability, or validity of the class-action waiver in Section 16.4. The Federal Arbitration Act governs this Section 16.
16.3 Exceptions: Either party may (a) bring an individual claim in small claims court if it qualifies, or (b) seek injunctive or other equitable relief in court to protect intellectual property rights or prevent unauthorized use of the Product Software or Services. Nothing in this Section 16 prevents you from seeking public injunctive relief in court where applicable law does not permit that relief to be waived; any such claim will be stayed until the individual arbitrable claims are resolved.
16.4 Class-action waiver: YOU AND WATERTDS MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person. If this waiver is found unenforceable as to any claim, that claim will proceed in court, not arbitration.
16.5 Fees and location: For consumer claims, WaterTDS will pay the arbitration filing, administration, and arbitrator fees in excess of what you would pay to file in court, unless the arbitrator finds your claim frivolous. Consumer arbitrations will take place in the county where you live, or by phone, video, or written submissions if you prefer.
16.6 30-day opt-out: You may opt out of this arbitration agreement by sending written notice to support@watertds.com or 2204 Oak Haven Ave, Simi Valley, CA 93065 USA within 30 days after you first accept this EULA. Your notice must include your name, address, the Device serial number, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of this EULA.
17. Governing Law and Venue
This EULA is governed by the laws of the State of California, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 16. For any claim not subject to arbitration, you and WaterTDS agree to the exclusive jurisdiction of the state and federal courts located in Ventura County, California, except that consumers may also bring claims in the courts where they live if applicable law requires it. The UN Convention on Contracts for the International Sale of Goods does not apply.
18. General
Force majeure: WaterTDS is not responsible for delays or failures caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, power or internet outages, and failures of third-party networks or cloud providers.
Severability: If any provision of this EULA is held unenforceable, it will be enforced to the maximum extent permitted, and the rest of this EULA will remain in effect.
No waiver: A failure or delay in enforcing any provision is not a waiver of it.
Assignment: You may not assign this EULA except together with the Device under Section 3. WaterTDS may assign this EULA in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate. This EULA binds permitted successors and assigns.
Electronic notices: You agree that notices and agreements we provide electronically satisfy any requirement that they be in writing.
Entire agreement: This EULA, together with the documents referred to in it, is the entire agreement between you and WaterTDS about the Product Software, subject to the order of precedence above. Headings are for convenience only.
19. Contact
Questions about this EULA can be sent to WaterTDS Inc., 2204 Oak Haven Ave, Simi Valley, CA 93065 USA, or support@watertds.com.