Terms of service
Terms of Service
1. Introduction
1.1 Welcome to Wisewell. Wisewell is a direct-to-consumer company focused on sustainable consumer technology, providing water purification devices and related services (the "Services") through its website www.wisewell.com (the "Website") and any related mobile or software applications (the "Apps"). The Website and Apps are collectively referred to as the "Platform".
1.2 These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Platform and Services. In these Terms, "we", "us", "our" refers to Wisewellwater Inc., and "you", "your", "Customer" refers to the user of the Platform.
1.3 These Terms govern your access to and use of the Platform and the placement of orders ("Orders") for Wisewell products (the "Products").
1.4 Please read these Terms carefully. These Terms, together with our Privacy Policy and any additional terms incorporated by reference (including our Subscription Terms and Conditions), constitute a legally binding agreement between you and Wisewell. By using the Platform or purchasing Products or Services, you agree to be bound by these Terms.
2. Eligibility and account registration
2.1 You must be at least eighteen (18) years of age to use the Platform or Services.
2.2 You may be required to create an account to access certain features of the Platform, including placing Orders and managing Subscriptions.
2.3 You agree to:
- Provide accurate, current, and complete information
- Maintain the confidentiality of your account credentials
- Accept responsibility for all activities under your account
2.4 Wisewell reserves the right to suspend or terminate accounts that contain inaccurate information or are suspected of misuse, fraud, or unauthorized access.
3. Use of the Platform
3.1 You agree to use the Platform only for lawful purposes and in accordance with these Terms.
3.2 You shall not:
- Use the Platform in any way that violates applicable laws or regulations
- Attempt to gain unauthorized access to systems or data
- Interfere with or disrupt the operation of the Platform
- Use the Platform for fraudulent or abusive purposes
3.3 We reserve the right to investigate any suspected violations and take appropriate action, including account suspension or termination.
4. Products and services
4.1 Wisewell offers water purification devices and related services, including subscription-based offerings.
4.2 Certain Products and Services may be governed by additional terms, including the Subscription Terms and Conditions, which are incorporated by reference into these Terms.
4.3 In the event of any conflict between these Terms and the Subscription Terms, the Subscription Terms shall prevail with respect to subscription-related matters.
5. Product listings and availability
5.1 The essential characteristics of Products and Services are described on the Platform.
5.2 We reserve the right to modify product specifications, pricing, packaging, or availability at our discretion.
5.3 All Products are subject to availability. We reserve the right to limit quantities or discontinue Products at any time.
5.4 Images and descriptions are for illustrative purposes only and may vary from actual Products.
6. Orders and payments
6.1 By placing an Order, you make an offer to purchase Products or Services subject to these Terms.
6.2 Orders are not binding until accepted by Wisewell.
6.3 You agree to provide valid payment information and authorize us (or our payment processors) to charge all applicable fees.
6.4 Prices are displayed in USD unless otherwise stated.
7. Subscriptions
7.1 Certain Services are offered on a subscription basis and are governed by our Subscription Terms and Conditions.
7.2 By purchasing a Subscription, you agree to recurring billing and automatic renewal as described in the Subscription Terms.
8. Delivery and installation
8.1 Delivery timelines are estimates and may vary.
8.2 You are responsible for providing accurate delivery information and access for installation where applicable.
8.3 Wisewell is not liable for delays caused by incorrect information, site conditions, or third-party services.
9. User responsibilities
9.1 You agree to use Products in accordance with provided instructions.
9.2 You are responsible for maintaining Products in good condition and for any damage resulting from misuse, negligence, or unauthorized modification.
10. Maintenance and platform availability
10.1 We aim to keep the Platform operational at all times, except for:
- Scheduled maintenance
- Emergency maintenance
- Events beyond our control
10.2 We do not guarantee uninterrupted or error-free access.
11. Intellectual property
11.1 All content on the Platform, including text, graphics, logos, and software, is owned by or licensed to Wisewell.
11.2 You may not reproduce, distribute, or use any content without prior written consent.
11.3 All rights in trademarks, service marks, and trade names are reserved.
12. Violations and enforcement
12.1 We reserve the right to investigate any violations of these Terms.
12.2 We may disclose information where required to:
- Comply with legal obligations
- Enforce these Terms
- Protect our rights or safety
12.3 We may suspend or terminate access to the Platform for violations of these Terms.
13. Disclaimer of warranties
The Platform and Services are provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
14. Limitation of liability
To the maximum extent permitted by law, Wisewell shall not be liable for indirect, incidental, or consequential damages. Our total liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim.
15. Indemnification
You agree to indemnify and hold harmless Wisewell from any claims, damages, or liabilities arising from your use of the Platform or Services, or your violation of these Terms.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Waiver
Failure to enforce any provision shall not constitute a waiver of that provision or any other rights.
18. Third-party rights
These Terms are between you and Wisewell. No third party shall have any right to enforce them unless expressly stated.
19. Termination
19.1 These Terms remain in effect until terminated by you or Wisewell.
19.2 You may terminate by ceasing use of the Platform.
19.3 We may terminate or suspend access at any time for violations of these Terms.
20. Force majeure
Wisewell shall not be liable for delays or failure to perform due to events beyond its reasonable control, including but not limited to natural disasters, outages, or governmental actions.
21. Dispute resolution and arbitration
21.1 Binding arbitration. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its rules.
21.2 Waiver of jury trial. You and Wisewell waive any right to a trial by jury.
21.3 Class action waiver. You agree that any disputes will be resolved on an individual basis and not as part of a class, collective, or representative action.
21.4 Exceptions. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction.
22. Governing law
These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.
23. Changes to Terms
We reserve the right to modify these Terms at any time. Updated Terms will be posted on the Platform. Your continued use of the Platform constitutes acceptance of the revised Terms.