TERMS OF SERVICE

1. Our Services and Acceptable Use

imbrr provides tools for monitoring and understanding residential and private well systems, including measurements, data visualization, alerts, diagnostics, reports, and related software and integrations.

The Services are intended to provide useful information about your well and water system. They are not a guarantee that every well, pump, pressure, water, equipment, or other problem will be detected. You remain responsible for maintaining your well and water system and for taking appropriate action when a problem may exist.

You agree to use the Services in compliance with applicable laws and these Terms.

2. Intellectual Property and License

The Services, including our software, firmware, source code, databases, algorithms, designs, documentation, website content, trademarks, and other technology, are owned by or licensed to imbrr and are protected by applicable intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive license to access and use the Services for your personal use or your internal business purposes.

You do not receive ownership of imbrr's software, technology, or other imbrr-owned intellectual property through your use of the Services.

You may allow your employees, contractors, household members, or other authorized users to use the Services on your behalf, provided that you remain responsible for their use of the Services and compliance with these Terms.

3. Data and Privacy

Your Data

You retain your rights in data that you provide to imbrr or that is associated with your account, equipment, well, property, or use of the Services (“Customer Data”).

You grant imbrr a worldwide, non-exclusive, royalty-free license to collect, store, process, reproduce, transmit, and use Customer Data as reasonably necessary to provide, operate, maintain, support, secure, and improve the Services and as otherwise described in our Privacy Policy.

Service Data

We may collect and use technical and operational information generated through the Services, including sensor measurements, equipment performance, diagnostics, system logs, connectivity information, software usage, and similar information (“Service Data”).

We may use Service Data to operate, maintain, troubleshoot, secure, analyze, improve, and develop the Services and our products.

Aggregated and Anonymized Data

We may create aggregated, de-identified, or anonymized information from Customer Data and Service Data (“Aggregated Data”).

We may use, reproduce, analyze, publish, commercialize, sell, license, transfer, and otherwise use Aggregated Data for lawful purposes, including research, product and algorithm development, market analysis, insurance, government and water-resource management, infrastructure planning, and industry benchmarking.

We will not intentionally use Aggregated Data to identify you, an individual, or a specific property, and we will take reasonable measures appropriate to the nature of the data to reduce the risk of re-identification.

Our collection and use of personal information is also governed by our Privacy Policy.

4. Purchases, Subscriptions, and Payment

Prices, subscription fees, renewal terms, and other purchase terms will be presented at the time of purchase.

Unless otherwise stated at the time of purchase, your software subscription begins when the equipment is delivered, whether or not the equipment has yet been installed.

Subscriptions renew according to the renewal terms presented at purchase until canceled. You may cancel your subscription at any time. Unless otherwise stated at purchase or required by law, cancellation will take effect at the end of the current billing period, and you will not receive a refund for the unused portion of that period.

Where applicable, automatic renewal terms, recurring charges, renewal notices, and cancellation options will be provided in accordance with applicable law.

If you enroll in a subscription online, you may cancel online through the available cancellation method. We will not require unnecessary steps that unreasonably delay or obstruct a cancellation.

You are responsible for applicable taxes and for keeping your billing information current.

5. 30-Day Satisfaction Guarantee and Returns

Unless otherwise stated at the time of purchase, you may return hardware within 30 days after delivery for a refund of the hardware purchase price.

To qualify for the satisfaction guarantee:

• The hardware must be undamaged and unaltered.
• The hardware should be returned with its original packaging and included components.
• You must contact imbrr before returning the hardware.
• You are responsible for return shipping and are encouraged to use a trackable shipping method.
• Original shipping charges and subscription fees accrued before the return are not refundable, except as required by law.

Refunds will be issued after the returned hardware is received and inspected.

This satisfaction guarantee does not limit any rights you may have under applicable consumer protection laws.

6. Limited Hardware Warranty

imbrr warrants that imbrr-branded hardware will be free from defects in materials and workmanship for two years from the date of purchase, subject to the exclusions below.

If covered hardware is defective during the warranty period, imbrr may, at its option, repair the hardware, replace it with new or refurbished hardware, or refund the purchase price of the affected hardware.

For a confirmed warranty claim, you are responsible for shipping the hardware to imbrr, and imbrr will pay reasonable shipping costs to return the repaired or replacement hardware to you.

This warranty does not cover damage or problems resulting from misuse, abuse, improper installation, modification, unauthorized repairs, operation outside specified conditions, abnormal electrical conditions, power surges, lightning, fire, flooding, or other causes outside imbrr's reasonable control, or normal wear and tear.

This warranty does not guarantee a particular level of measurement accuracy, connectivity, service availability, detection rate, or that the Services will identify every well or equipment problem.

To the extent required by applicable law, this warranty is in addition to any rights or remedies that cannot legally be excluded or limited.

7. Prohibited Activities

You agree not to:

• Hack, bypass, disable, or attempt to circumvent security or access controls for the Services.
• Use the Services in a way that could damage, overload, disrupt, or interfere with the Services or other users.
• Reverse engineer, decompile, disassemble, or attempt to discover source code or underlying technology, except to the extent applicable law expressly permits you to do so.
• Systematically scrape or harvest information from the Services to build or support a competing database, product, or service, except through APIs or other access methods expressly provided or authorized by imbrr.
• Resell, sublicense, or commercially exploit imbrr's software, Services, or other imbrr-owned technology without our permission.

Nothing in this section prevents you from using, exporting, or otherwise working with your own data through features, APIs, or other methods that imbrr expressly provides or authorizes.

8. Service Availability and Third-Party Services

We work to keep the Services available and reliable, but we cannot guarantee uninterrupted or error-free operation.

The Services may depend on cellular networks, internet connections, power, third-party platforms, hardware installed at or near your property, and other conditions outside our control. Availability and performance may vary based on these conditions.

APIs and smart-home integrations may have technical requirements or limitations and may depend on third-party services. Third-party services may change or discontinue their functionality, and imbrr is not responsible for changes made by third parties.

We may modify, update, suspend, or discontinue portions of the Services as needed to maintain, improve, or develop them.

9. Warranty Disclaimer and Monitoring Limitations

Except for the express limited hardware warranty described in Section 6, the Services are provided on an “AS IS” and “AS AVAILABLE” basis to the maximum extent permitted by law.

We do not warrant that the Services will always be available, uninterrupted, accurate, complete, or error-free, or that they will detect every well, pump, pressure, water, equipment, or other problem.

The Services provide information and monitoring tools; they do not replace professional inspection, maintenance, repair, or other appropriate action.

To the maximum extent permitted by law, imbrr disclaims implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms excludes or limits warranties or rights that cannot legally be excluded or limited.

10. Limitation of Liability

To the maximum extent permitted by law, imbrr and its owners, officers, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, use, goodwill, or data, or for damage to property other than the imbrr hardware itself, arising out of or related to the Services.

To the maximum extent permitted by law, the total liability of imbrr and its owners, officers, employees, contractors, and agents arising out of or related to the Services will not exceed the total amount you paid to imbrr for the Services during the 12 months immediately preceding the event giving rise to the claim.

These limitations apply regardless of the legal theory on which a claim is based and to the maximum extent permitted by applicable law. They do not apply to liability that cannot legally be limited or excluded.

11. Indemnification

If you use the Services on behalf of a business or other organization, you agree to defend and indemnify imbrr and its owners, officers, employees, contractors, and agents against third-party claims, damages, and reasonable expenses arising from your material violation of these Terms, unlawful use of the Services, or infringement of another person's rights.

This section does not require a consumer to indemnify imbrr for ordinary, authorized use of the Services.

12. Suspension and Termination

You may stop using the Services at any time.

We may suspend or terminate your access to the Services if you materially violate these Terms, fail to pay amounts due, create a security or legal risk, or if suspension or termination is reasonably necessary to protect the Services, our customers, or others.

Where practical, we will provide notice and an opportunity to address the issue before suspending or terminating access. We may act without prior notice when reasonably necessary to address security, legal, or other urgent concerns.

If we terminate a paid subscription without cause before the end of a prepaid billing period, we will provide any refund required by applicable law or the applicable purchase terms.

Termination does not affect provisions that by their nature should continue, including provisions concerning intellectual property, data, warranty disclaimers, limitations of liability, indemnification, and governing law.

13. Feedback

If you provide suggestions, ideas, comments, or other feedback about the Services, you give imbrr permission to use that feedback without restriction or compensation to you.

14. General Terms

These Terms, together with any applicable purchase terms and our Privacy Policy, form the agreement between you and imbrr concerning the Services.

If there is a separate written agreement between you and imbrr that specifically governs your use of the Services, that agreement will control to the extent of any conflict with these Terms.

We may update these Terms from time to time. If we make material changes, we will provide notice as required by applicable law. Your continued use of the Services after the updated Terms take effect means you accept the updated Terms.

You may receive notices electronically, including through email, the Services, or other electronic means.

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules, except that applicable non-waivable consumer protections and rights under the laws of your jurisdiction remain unaffected. Any permitted legal action relating to these Terms or the Services will be brought in the state or federal courts located in Colorado, unless applicable law requires otherwise.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Our failure to enforce a provision does not waive our right to enforce it later.

These Terms do not create a partnership, joint venture, agency, or employment relationship between you and imbrr.

15. California Consumer Notice

California consumers may contact the California Department of Consumer Affairs for assistance with consumer complaints:

Nothing in these Terms is intended to waive or limit rights that cannot legally be waived or limited under California law.

16. Contact Us

Questions about these Terms, your account, or the Services may be directed to: