Terms and Conditions

01Definitions

1.1 “Software” means AquaMind’s proprietary software and technology, including AquaMind OS, AquaMind OS, AquaMind Fleet, optional add-on modules made available through the Module Store, the Freshwater AI assistant, associated web and mobile applications, application programming interfaces, and related documentation, together with all updates, upgrades, and modifications.

1.2 “Hardware” means physical equipment sold or provided by AquaMind, including point-of-sale stations, controllers and hubs, water-quality monitors, sensors and probes, displays, printers, and related accessories, whether sold individually or as a bundled kit.

1.3 “Services” means the Software and any hosting, cloud synchronization, environmental monitoring, alerting, fleet management, remote support, implementation, training, and other services AquaMind provides under these Terms.

1.4 “Order” means an order form, online checkout, invoice, or written quote accepted by both parties that identifies the subscription plan, modules, Hardware, fees, and Licensed Location(s).

1.5 “Customer Data” means data submitted to, or collected by, the Services on your behalf, including sales and transaction records, inventory and livestock records, customer and employee information, and sensor readings.

1.6 “Licensed Location” means each physical business location identified in an Order at which the Software may be installed and used.

02Account Registration and Eligibility

2.1 Accurate Information. You must provide accurate, complete registration information and keep it current.

2.2 Account Security. You are responsible for safeguarding account credentials and for all activity that occurs under your account, including activity by your employees, contractors, and other authorized users. You must notify us promptly of any unauthorized access or use.

2.3 Eligibility. You must be at least 18 years old and legally able to enter into contracts on behalf of the business you represent.

03Subscriptions, Fees, and Billing

3.1 Plans and Fees. Subscription plans, optional modules, and fees are as stated in your Order or, if not stated, at AquaMind’s then-current published pricing. Optional modules purchased through the Module Store may carry additional recurring or one-time fees.

3.2 Automatic Renewal; Cancellation. Subscriptions are billed monthly in advance and renew automatically each month until cancelled. You may cancel at any time through your account or by written notice; cancellation takes effect at the end of the then-current billing period. Except where required by law, fees are non-refundable and no refunds or credits are provided for partial billing periods or unused Services.

3.3 Price Changes. We may change subscription fees upon at least thirty (30) days’ advance notice. Changes take effect at the start of your next billing period after the notice period. If you do not agree, your remedy is to cancel before the change takes effect.

3.4 Nonpayment. If any amount is past due, we may suspend the Services after ten (10) days’ written notice until payment is received. You remain responsible for all unpaid amounts and for our reasonable costs of collection.

3.5 Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, and similar taxes, other than taxes on AquaMind’s income.

04Hardware Terms

4.1 Purchase; Title; Risk of Loss. Hardware is sold separately as described in your Order. Title to Hardware passes to you upon payment in full; risk of loss passes upon delivery.

4.2 Limited Hardware Warranty. For Hardware assembled or configured by AquaMind, we warrant against defects in materials and workmanship for ninety (90) days from delivery. Your exclusive remedy, and our sole obligation, is repair or replacement of the defective item. Third-party hardware included in a kit (including payment terminals and third-party sensors) is covered only by the manufacturer’s warranty, which we pass through to you to the extent transferable.

4.3 Warranty Exclusions. The warranty in Section 4.2 does not cover damage from misuse, accident, water intrusion beyond an item’s rated protection, improper installation, unauthorized modification or repair, power surges, or normal wear and tear. Sensor probes and similar components are consumables that degrade with use; they require regular calibration and periodic replacement at your expense and are excluded from warranty coverage except for defects present on delivery.

4.4 Returns. Unopened Hardware may be returned within thirty (30) days of delivery for a refund of the purchase price, less shipping. Opened or used Hardware may be returned only if defective under Section 4.2.

05Software License

5.1 License Grant. Subject to your payment of fees and compliance with these Terms, AquaMind grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software during your subscription term, solely for your internal business operations at the Licensed Location(s).

5.2 License Keys and Verification. The Software uses cryptographic license keys and periodic license verification. You may not disable, bypass, spoof, or otherwise interfere with license verification. The Software may limit functionality or cease operating if verification fails, the subscription lapses, or the license is used outside its scope.

5.3 Restrictions. You will not, and will not permit anyone else to:

(a) copy the Software except as reasonably necessary for licensed use and backup;

(b) modify, adapt, translate, or create derivative works of the Software;

(c) reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is prohibited by applicable law;

(d) sell, resell, rent, lease, lend, distribute, or sublicense the Software, or use it to provide services to third parties on a service-bureau or hosted basis;

(e) use the Software to develop a competing product or service;

(f) remove or alter any proprietary notices; or

(g) circumvent any security measure, usage limit, or technical restriction, including limits on locations, terminals, or users.

5.4 Reservation of Rights. The Software is licensed, not sold. AquaMind and its licensors retain all rights not expressly granted.

06Payment Processing

6.1 Third-Party Processor. Card and other electronic payment processing within AquaMind OS is provided by Block, Inc. (Square) or another third-party payment processor identified at setup (the “Processor”), not by AquaMind. To accept payments, you must establish and maintain your own active merchant account with the Processor and accept the Processor’s terms of service.

6.2 AquaMind’s Role. AquaMind is not a bank, payment processor, payment facilitator, or money transmitter, and does not receive, hold, or transmit your funds. Cardholder data is captured and processed by the Processor and its certified hardware; AquaMind does not store full payment card numbers.

6.3 Processor Relationship. Settlement timing, processing fees, chargebacks, disputes, reserves, and account holds are governed solely by your agreement with the Processor. You are responsible for complying with the Processor’s terms, card network rules, and the PCI DSS obligations applicable to your business.

6.4 Loss of Processing. If your merchant account is suspended or terminated by the Processor, payment features may be unavailable. Your subscription and the remaining Software features continue in accordance with these Terms.

07Third-Party Products and Integrations

The Services interoperate with third-party products and services, including payment processors, sensor and equipment manufacturers, network and internet providers, and cloud infrastructure providers. Third-party products are governed by their own terms, and AquaMind is not responsible for their performance, availability, or changes to their products or interfaces that affect the Services. We may add, modify, or discontinue integrations at any time.

08Environmental Monitoring, Alerts, and Livestock — Important Disclaimer

8.1 Monitoring Is an Aid, Not a Substitute. The Services include water-quality monitoring, alerting, logging, and automation features. These features are intended to supplement — not replace — sound animal husbandry, routine manual water testing, regular physical inspection of tanks and equipment, redundant life-support equipment, and qualified staff. You remain solely responsible for the care, health, and safety of all animals, plants, and property in your facility.

8.2 No Guarantee of Accuracy or Delivery. Sensor readings may be inaccurate, delayed, or unavailable due to calibration drift, probe age or fouling, equipment failure, power loss, local network or internet outages, third-party service failures, or software errors. Alerts and notifications (including push, SMS, and email) are not guaranteed to be generated, transmitted, or received.

8.3 Your Responsibilities. You agree to: calibrate and maintain sensors as described in the documentation; replace consumable probes on schedule; independently verify readings before taking significant action; maintain backup aeration, heating, filtration, and power appropriate to the livestock you keep; and comply with all laws applicable to keeping, transporting, and selling animals.

8.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUAMIND WILL NOT BE LIABLE FOR ANY INJURY, ILLNESS, DEATH, OR LOSS OF FISH, INVERTEBRATES, CORALS, PLANTS, OR OTHER LIVESTOCK, OR FOR WATER DAMAGE, FLOODING, TANK FAILURE, OR EQUIPMENT DAMAGE, OR FOR ANY RELATED BUSINESS LOSSES, WHETHER OR NOT ARISING FROM THE USE OF, RELIANCE ON, OR FAILURE OF THE SERVICES, SENSORS, ALERTS, OR AUTOMATION FEATURES.

09AI Features

Certain features, including the Freshwater assistant, generate content using artificial intelligence. AI-generated output may be inaccurate, incomplete, outdated, or unsuitable for your situation. It is provided for general informational purposes only and does not constitute veterinary, medical, legal, financial, or other professional advice. You are responsible for evaluating and verifying AI output before relying on it, including any output concerning livestock care, disease identification, medication or dosing, water chemistry, species compatibility, pricing, or business decisions. AquaMind is not liable for actions you take based on AI-generated output.

10Customer Data and Privacy

10.1 Ownership. As between the parties, you own Customer Data.

10.2 License to AquaMind. You grant AquaMind a non-exclusive, worldwide license to host, store, process, transmit, and display Customer Data as reasonably necessary to provide and support the Services, to prevent fraud or abuse, and to comply with law.

10.3 Aggregated Data. AquaMind may create and use de-identified, aggregated data derived from use of the Services (data that does not identify you or any individual) to operate, analyze, improve, benchmark, and develop its products and services.

10.4 Your Compliance. You are responsible for the accuracy and lawfulness of Customer Data, for providing any legally required notices to — and obtaining any required consents from — your own customers and employees, and for maintaining your own privacy policy.

10.5 Export and Backups. The Services provide tools to export Customer Data in standard formats during your subscription term. Unless your plan includes cloud backup, you are responsible for backing up data stored on local devices.

10.6 Privacy Policy. Our handling of personal information is described in the AquaMind Privacy Policy available at aquamindpos.com, which is incorporated into these Terms.

11Updates, Remote Support, and Changes to the Services

11.1 Updates. We may deliver updates, patches, and new versions of the Software, including over-the-air updates through our fleet-management system, and these may install automatically. Updates may add, modify, or remove features. Security-critical updates may be mandatory.

11.2 Remote Support. With your consent or at your request, we may remotely access your devices and installation for diagnostics, maintenance, and support.

11.3 Connectivity and Offline Operation. Core point-of-sale functions are designed to run locally and to continue operating during temporary internet outages. Cloud features — including synchronization, remote dashboards, alerts, and updates — require internet connectivity, and certain functions (including payment processing and license verification) require periodic connectivity. You are responsible for providing suitable power, networking, and internet service at each Licensed Location.

12Support and Availability

Support channels, hours, and response targets vary by subscription plan as described in your Order or our published support materials. We work to keep the Services available but do not guarantee uninterrupted, error-free, or secure operation, and we may perform scheduled or emergency maintenance. No service-level agreement applies unless separately agreed in a signed writing.

13Acceptable Use

You will not use the Services: (a) in violation of any law or third-party right; (b) to transmit malware or harmful code; (c) to interfere with or disrupt the Services or other customers; (d) to probe, scan, or test the vulnerability of the Services without our prior written consent; (e) beyond the locations, terminals, users, or other limits of your subscription; or (f) to misrepresent the source of any transaction or data.

14Intellectual Property; Feedback

14.1 Ownership. The Services, Software, and all related intellectual property are owned by AquaMind and its licensors and are protected by intellectual property laws. AquaMind, AquaMind OS, AquaMind OS, AquaMind Fleet, and Freshwater are trademarks of AquaMind (registrations pending). No trademark license is granted under these Terms.

14.2 Feedback. If you provide suggestions or feedback, AquaMind may use it without restriction or obligation to you.

15Term, Suspension, and Termination

15.1 Term. These Terms begin when you create an account or accept an Order and continue for as long as any subscription is active.

15.2 Termination for Convenience. You may cancel any subscription as described in Section 3.2. AquaMind may terminate these Terms or discontinue the Services (or any feature) upon at least thirty (30) days’ notice.

15.3 Suspension and Termination for Cause. AquaMind may suspend or terminate the Services immediately upon notice if: (a) amounts remain unpaid following the notice period in Section 3.4; (b) you materially breach these Terms and do not cure within fifteen (15) days of written notice; (c) your use poses a security risk or legal exposure to AquaMind or others; or (d) your use is unlawful.

15.4 Effect of Termination. Upon termination or expiration: your licenses end and the Software may deactivate; you retain ownership of Hardware you have purchased; all unpaid fees remain due; and Customer Data will remain available for export for thirty (30) days after termination, after which we may delete it. Sections that by their nature should survive (including Sections 8, 9, 14, and 16 through 21) survive.

16Disclaimer of Warranties

EXCEPT FOR THE LIMITED HARDWARE WARRANTY IN SECTION 4.2, THE SERVICES, SOFTWARE, AND HARDWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AQUAMIND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DATA WILL BE ACCURATE OR PRESERVED, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AQUAMIND CREATES A WARRANTY.

17Limitation of Liability

17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR BUSINESS INTERRUPTION, OR — WITHOUT LIMITING SECTION 8.4 — FOR LOSS OF LIVESTOCK OR AQUATIC LIFE OR FOR WATER DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUAMIND’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO AQUAMIND IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

17.3 Scope. These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in those jurisdictions, the limitations apply to the fullest extent permitted. The parties agree these limitations are an essential basis of the bargain and are reflected in the pricing of the Services.

18Indemnification

You will defend, indemnify, and hold harmless AquaMind and its members, managers, employees, and agents from and against any third-party claims, and resulting damages, costs, and reasonable attorneys’ fees, arising out of or relating to: (a) Customer Data; (b) the operation of your business, including the sale, keeping, and care of animals and other products; (c) your violation of law or of these Terms; or (d) your misuse of the Services. AquaMind will give you prompt notice of any such claim and reasonable cooperation at your expense; you may not settle a claim in a manner that imposes obligations on AquaMind without our consent.

19Governing Law and Dispute Resolution

19.1 Governing Law. These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19.2 Informal Resolution. Before filing a claim, the parties will attempt in good faith to resolve any dispute by written notice and negotiation for at least thirty (30) days.

19.3 Venue. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in El Paso County, Colorado, and each party consents to the personal jurisdiction and venue of those courts.

19.4 TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

19.5 Time Limit. To the extent permitted by law, any claim arising out of these Terms must be filed within one (1) year after the claim accrued.

19.6 Equitable Relief. Either party may seek injunctive or other equitable relief for actual or threatened misuse of intellectual property or confidential information.

20Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days’ notice by email to the address on your account or by notice within the Services. Changes take effect on the stated effective date, and your continued use of the Services after that date constitutes acceptance. If you do not agree to a change, your remedy is to cancel before it takes effect.

21General Provisions

21.1 Entire Agreement; Order of Precedence. These Terms, together with your Orders and any policies referenced here, are the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous agreements on that subject. If an Order signed by both parties conflicts with these Terms, the Order controls for that Order.

21.2 Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all your assets with notice to us. AquaMind may assign these Terms to an affiliate or in connection with a merger, reorganization, or sale of assets.

21.3 Force Majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, utility or internet failures, and acts of government.

21.4 Relationship; No Third-Party Beneficiaries. The parties are independent contractors. These Terms create no partnership, joint venture, or agency, and confer no rights on any third party.

21.5 Severability; Waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. A failure to enforce a provision is not a waiver.

21.6 Notices. We may give notice by email to the address on your account or within the Services. You may give notice to AquaMind at the contact information below. Notices are effective on receipt.

22Contact

Leader LLC d/b/a AquaMind

Email: sales@aquamindos.com

Web: aquamindpos.com