Legal

Website & Dealer Portal Terms and Conditions

Effective July 29, 2026 · Last updated July 29, 2026

These Website and Dealer Portal Terms and Conditions (“Terms”) form a binding agreement between Aquonyx LLC, a South Carolina limited liability company (“Aquonyx,” “Company,” “we,” “us,” or “our”), and each individual or legal entity that visits, accesses, registers for, purchases through, or otherwise uses the Aquonyx website, dealer portal, products, services, software, content, communications, or related features (“User,” “Dealer,” “you,” or “your”).

These Terms apply to:

Aquonyx.com;
Any subdomain operated by Aquonyx;
The Aquonyx dealer application and approval process;
The Aquonyx dealer ordering and sales portal;
Dealer, administrator, employee, and authorized-user accounts;
Product ordering, subscriptions, training, warranties, and support;
Product calculators, recommendation tools, and system builders;
Telephone, text-message, email, chat, and AI-assisted communications;
Any mobile, web, software, or portal feature linking to these Terms; and
Any other transaction or interaction expressly governed by these Terms.

Collectively, these websites, portals, products, tools, features, communications, and services are the “Services.”

1. AGREEMENT TO THESE TERMS

By accessing or using the Services, you acknowledge and agree that:

You have read these Terms;
You understand these Terms;
You agree to be legally bound by these Terms;
You are capable of entering into a binding contract;
You are at least 18 years old; and
You have authority to bind any company or organization on whose behalf you act.

You accept and electronically sign these Terms when you:

Select “I Agree,” “Accept,” “Continue,” “Create Account,” “Submit Application,” “Place Order,” “Complete Purchase,” “Continue and Agree,” or a substantially similar button;
Check a box indicating acceptance;
Create or activate an account;
Accept an invitation to an account;
Submit a dealer application;
Place an order;
Enroll in a subscription;
Log into or continue using the dealer portal after being presented with these Terms;
Use a feature that expressly incorporates these Terms; or
Otherwise manifest assent through an electronic process provided by Aquonyx.

If you do not agree to these Terms, you must not access or use the Services.

2. ACCEPTANCE AT LOGIN AND CONTINUING ACCEPTANCE

Each time you log into, access, or use the dealer portal, you:

Reaffirm your acceptance of the then-current Terms;
Acknowledge the then-current Privacy Policy;
Agree to all policies incorporated into these Terms;
Confirm that you remain authorized to act for the applicable Dealer; and
Confirm that the account information associated with your access is accurate.

Aquonyx may require you to select “Continue and Agree” before each login or before accessing particular features.

Aquonyx may also require separate affirmative acceptance when:

These Terms materially change;
A new policy is introduced;
A new paid feature is activated;
A subscription is purchased or renewed;
Payment authorization is updated;
A new authorized user is added;
A Dealer’s status changes; or
Aquonyx reasonably determines that renewed acceptance is appropriate.

Continued use after notice of updated Terms constitutes acceptance to the extent permitted by law. When affirmative acceptance is requested, you may not continue using the affected Services unless you accept the updated Terms.

3. ELECTRONIC RECORDS AND SIGNATURES

You agree to conduct transactions with Aquonyx electronically.

You consent to the use of:

Electronic signatures;
Electronic checkboxes;
Clickwrap acceptance;
Electronic records;
Digital order confirmations;
Electronic invoices;
Electronic notices;
Portal notifications;
Email communications;
Account logs; and
Other electronic methods used to document transactions and agreements.

An electronic acceptance has the same force and effect as a handwritten signature to the maximum extent permitted by law.

Aquonyx may retain evidence of acceptance and activity, including:

Your name;
Dealer or company name;
Account identifier;
Email address;
Telephone number;
Internet Protocol address;
Date and time;
Browser and device information;
Session information;
Terms and policy version;
Page or form presented;
Checkbox status;
Button selected;
Order information; and
Other information reasonably necessary to establish your assent or authorization.

You agree that Aquonyx’s electronic records may be used as evidence of your actions, instructions, acceptance, and transactions.

4. AUTHORITY TO REPRESENT A BUSINESS

If you access or use the Services on behalf of a company, Dealer, contractor, distributor, partnership, corporation, limited liability company, employer, or other organization, you represent and warrant that:

The organization legally exists;
You are authorized to act for the organization;
You are authorized to bind the organization to these Terms;
You are authorized to provide the information submitted;
You are authorized to place orders and incur charges;
You are authorized to add or remove users;
The organization agrees to these Terms; and
Your acceptance binds both you and the organization.

If you lack authority, you may not create an organizational account, submit an application, place an order, or accept these Terms for that organization.

Aquonyx may request evidence of your authority at any time.

5. COMMERCIAL AND BUSINESS USE

The dealer portal is intended primarily for commercial and business users.

Unless Aquonyx expressly agrees otherwise in writing, purchases through a Dealer account are made for purposes such as:

Resale;
Distribution;
Installation;
Demonstration;
Training;
Commercial use;
Business operations;
Customer fulfillment; or
Other business purposes.

A Dealer purchasing for resale or installation is independently responsible for its transactions and relationships with its own customers.

Nothing in these Terms makes Aquonyx a party to a contract between a Dealer and the Dealer’s customer.

6. INCORPORATED POLICIES AND AGREEMENTS

The following documents are incorporated into these Terms by reference where applicable:

Aquonyx Privacy Policy;
Aquonyx Refund, Return, and Cancellation Policy;
Aquonyx Shipping and Fulfillment Policy;
Aquonyx Cookie Policy;
Aquonyx Warranty Policy;
Applicable manufacturer warranties;
Subscription or recurring-payment disclosures;
Product-specific terms;
Pricing terms;
Promotional terms;
Dealer application terms;
Brand-use requirements;
Marketing Communication Consent;
Data-processing terms;
Order confirmations; and
Any separate agreement signed by Aquonyx and the Dealer.

You agree to review the policies applicable to your use or purchase before completing a transaction.

7. ORDER OF PRECEDENCE

If documents conflict, the following order applies:

A separate written agreement signed by an authorized representative of Aquonyx and the Dealer;
Product- or order-specific terms expressly accepted by both parties;
The applicable manufacturer warranty;
The Refund, Return, and Cancellation Policy for refunds, returns, and cancellations;
The Shipping and Fulfillment Policy for shipment and delivery matters;
The Privacy Policy for privacy notices and general data practices;
These Terms; and
General website content.

A purchase order, invoice notation, email footer, or unilateral Dealer document does not modify these Terms unless Aquonyx expressly accepts the modification in a writing signed by an authorized representative.

8. DEALER APPLICATIONS

Submitting a Dealer application does not guarantee:

Approval;
Particular pricing;
Credit terms;
A protected territory;
Exclusivity;
Minimum inventory;
Product availability;
Marketing support;
Leads;
Financing;
Training access;
Preferred status;
Manufacturer approval; or
Any continuing relationship.

Aquonyx may approve, conditionally approve, reject, suspend, or terminate an application or account, subject to applicable law and any separate signed agreement.

Aquonyx may request information including:

Legal business name;
Ownership information;
Entity type;
Formation documents;
Business address;
Tax information;
Resale certificates;
Licenses;
Certifications;
Insurance information;
Trade references;
Business history;
Sales volume;
Service territory;
Financial information;
Payment information;
Beneficial ownership information;
Identity verification;
Professional credentials;
Training completion;
Compliance records; and
Other information reasonably related to the Dealer relationship.

You agree that all information submitted will be complete, accurate, current, and not misleading.

You must promptly update information that changes.

9. NO EXCLUSIVE TERRITORY OR FRANCHISE

Unless expressly stated in a separate written agreement signed by Aquonyx:

No Dealer receives an exclusive territory;
Aquonyx may appoint other Dealers in any area;
Aquonyx may sell directly or through other channels;
Aquonyx may modify its distribution strategy;
Aquonyx does not grant a franchise;
Aquonyx does not guarantee leads or sales;
Aquonyx does not guarantee profit;
Aquonyx does not guarantee customer demand; and
Aquonyx does not restrict itself from serving other businesses.

Nothing in the Services or these Terms creates a franchise, partnership, agency, fiduciary relationship, employment relationship, joint venture, or exclusive distributorship.

10. INDEPENDENT DEALER STATUS

Each Dealer is an independent business.

The Dealer is not:

An employee of Aquonyx;
An agent authorized to bind Aquonyx;
A partner of Aquonyx;
A joint venturer with Aquonyx;
A franchisee unless a separate franchise agreement expressly states otherwise;
A representative authorized to make warranties for Aquonyx; or
Authorized to incur obligations on behalf of Aquonyx.

The Dealer is solely responsible for:

Its employees;
Contractors;
Installers;
Sales representatives;
Payroll;
Taxes;
Insurance;
Benefits;
Licensing;
Business expenses;
Customer contracts;
Customer representations;
Installations;
Service work;
Marketing;
Regulatory compliance; and
Business operations.

The Dealer may not state or imply that it is Aquonyx LLC itself.

11. ACCOUNT REGISTRATION

To use certain Services, you may be required to create an account.

You agree to:

Provide accurate registration information;
Maintain current information;
Use your own credentials;
Protect your password;
Use available security features;
Restrict access to authorized persons;
Promptly remove former employees and contractors;
Notify Aquonyx of unauthorized access;
Review account activity;
Cooperate with security investigations; and
Accept responsibility for actions taken through your account.

You may not:

Create an account using false information;
Impersonate another person;
Share individual login credentials;
Sell or transfer account access;
Permit unauthorized use;
Circumvent permissions;
Access another Dealer’s account;
Use automated credential-stuffing tools; or
Attempt to bypass authentication or security controls.

12. ACCOUNT ADMINISTRATORS AND AUTHORIZED USERS

A Dealer account may permit an administrator to invite employees, contractors, or other authorized users.

The Dealer is responsible for:

Determining who receives access;
Assigning permissions;
Monitoring users;
Removing unauthorized users;
Supervising user activity;
Ensuring users comply with these Terms; and
All orders and actions taken through authorized accounts.

Aquonyx may rely on instructions submitted through an authenticated account.

A dispute within the Dealer’s company concerning internal authority does not invalidate Aquonyx’s reasonable reliance on authenticated account activity.

13. ACCOUNT SECURITY

You must promptly notify Aquonyx if:

Credentials are lost;
An unauthorized person obtains access;
A payment method is compromised;
Account information is altered without authorization;
A former employee retains access;
Suspicious orders appear;
A security incident occurs; or
You suspect fraudulent activity.

Aquonyx may temporarily restrict an account while investigating suspected fraud, unauthorized access, or security risk.

Aquonyx is not responsible for losses caused by your failure to protect credentials or remove unauthorized users, except to the extent caused by Aquonyx’s own legally actionable conduct.

14. LICENSE TO USE THE SERVICES

Subject to these Terms, Aquonyx grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Services for authorized business purposes.

This license does not transfer ownership.

Aquonyx may revoke the license upon suspension or termination.

You may not use the Services to create, support, or operate a competing product or service without Aquonyx’s written permission.

15. PRODUCT INFORMATION

Aquonyx attempts to present accurate product information. However:

Product descriptions may change;
Images may be representative;
Colors may appear differently on different devices;
Packaging may change;
Manufacturers may modify specifications;
Product names or model numbers may change;
Availability may change;
Typographical errors may occur;
Specifications may contain mistakes;
Third-party content may be incomplete; and
Products may differ from illustrations.

You must independently confirm all information material to the intended application before purchasing, reselling, promising, or installing a product.

16. PRODUCT AVAILABILITY

All products and services are subject to availability.

Aquonyx may:

Limit quantities;
Allocate inventory;
Discontinue products;
Replace products;
Restrict products by geography;
Decline an order;
Cancel an unaccepted order;
Delay fulfillment;
Place products on back order;
Offer a substitute; or
Change suppliers.

Aquonyx does not guarantee continued availability of any product.

17. PRODUCT SUBSTITUTIONS

Aquonyx will not knowingly substitute a materially different product without reasonable notice or approval where approval is appropriate.

Minor changes in:

Packaging;
Labeling;
Model-number formatting;
Component appearance;
Manufacturer sourcing;
Nonmaterial specifications; or
Equivalent components

do not necessarily constitute a materially different product.

You may reject a proposed material substitution before shipment. Failure to respond within the time stated may delay or cancel the affected order.

18. WATER-TESTING AND PRODUCT-SIZING RESPONSIBILITIES

The Dealer is solely responsible for obtaining accurate information necessary to select a product, including:

Water source;
Hardness;
Iron;
Manganese;
pH;
Total dissolved solids;
Sulfur;
Tannins;
Sediment;
Chlorine or chloramine;
Bacteria;
Flow rate;
Water pressure;
Household or commercial demand;
Peak usage;
Plumbing size;
Well-pump capacity;
Drain availability;
Electrical requirements;
Installation conditions; and
Other relevant water or site conditions.

Aquonyx is not responsible for inaccurate recommendations resulting from inaccurate, incomplete, outdated, or misleading information supplied by the Dealer or customer.

19. CALCULATORS, SYSTEM BUILDERS, AND RECOMMENDATIONS

The Services may provide:

Water-softener sizing calculators;
Product recommendations;
System builders;
Capacity estimates;
Regeneration estimates;
Salt-use estimates;
Flow-rate estimates;
Cost calculators;
Financing estimates;
Territory information;
Troubleshooting tools;
Artificial-intelligence recommendations; or
Other automated outputs.

These tools are provided for general decision support only.

Outputs are estimates and are not guarantees.

They do not replace:

Professional water testing;
Site inspection;
Manufacturer instructions;
Engineering analysis;
Plumbing expertise;
Electrical expertise;
Local code review;
Permit review;
Independent judgment; or
Qualified installation.

The Dealer remains solely responsible for final product selection and suitability.

20. NO MEDICAL OR HEALTH ADVICE

Aquonyx does not provide medical advice.

No statement made through the Services should be interpreted as:

A diagnosis;
A treatment recommendation;
A guarantee that water is safe to drink;
A claim that a product prevents disease;
A claim that a product cures a condition;
A substitute for laboratory testing;
A substitute for public-health guidance; or
A substitute for advice from a licensed medical or environmental professional.

Aesthetic improvements in water do not necessarily establish microbiological or chemical safety.

The Dealer must not make unauthorized medical, health, or safety claims concerning Aquonyx products.

21. ORDER SUBMISSION

An order submitted through the Services is an offer by the Dealer to purchase the listed products or services under these Terms.

An automated confirmation ordinarily confirms receipt only.

It does not necessarily constitute acceptance.

Aquonyx may review an order for:

Product availability;
Payment;
Pricing;
Taxes;
Shipping;
Credit;
Fraud;
Export compliance;
Dealer status;
Quantity;
Product restrictions;
Address accuracy; and
Other legitimate business considerations.

22. ORDER ACCEPTANCE

Aquonyx may accept an order by:

Sending an express acceptance;
Capturing payment;
Allocating inventory;
Beginning fulfillment;
Shipping the product;
Activating the purchased service; or
Otherwise performing the order.

Aquonyx may reject or cancel an order before acceptance.

If Aquonyx collects payment and later cancels an unfulfilled order, Aquonyx will reverse or refund the amount legally due for the canceled portion.

23. PRICING

Prices may vary based on:

Dealer pricing profile;
Product category;
Quantity;
Contract terms;
Promotions;
Supplier costs;
Freight;
Currency;
Tariffs;
Duties;
Taxes;
Market conditions;
Geographic location;
Credit terms;
Manufacturer programs; and
Other legitimate business factors.

Unless a price is guaranteed in a signed written agreement, Aquonyx may change prices before order acceptance.

Prices shown to one Dealer do not create a right to the same pricing for another Dealer.

24. PRICING AND DISPLAY ERRORS

Aquonyx may correct:

Typographical errors;
Calculation errors;
Incorrect discounts;
Incorrect freight;
Incorrect tax;
Incorrect product descriptions;
Incorrect specifications;
Programming errors; and
Obviously incorrect prices.

Aquonyx is not required to honor an obviously erroneous price.

If an accepted order contains a material pricing error, Aquonyx may:

Notify the Dealer;
Offer the corrected price;
Permit cancellation of the affected item; or
Cancel and refund the affected unfulfilled portion.

25. QUOTES

Unless otherwise stated, a quote:

Is an estimate;
Is not an order;
Does not reserve inventory;
Does not guarantee a delivery date;
May exclude freight and tax;
May be withdrawn before acceptance; and
Expires 15 calendar days after issuance.

A quote becomes binding only when Aquonyx accepts the resulting order or signs a separate agreement.

26. TAXES

The Dealer is responsible for all applicable:

Sales taxes;
Use taxes;
Excise taxes;
Duties;
Tariffs;
Customs charges;
Assessments;
Permit fees;
Brokerage fees; and
Government charges.

A Dealer claiming exemption must provide valid and current documentation.

Aquonyx may collect taxes if the documentation is missing, expired, inaccurate, rejected, or legally insufficient.

The Dealer is responsible for taxes resulting from inaccurate exemption information.

27. PAYMENT PROCESSING

Aquonyx may use Stripe or another third-party payment processor.

Payment processing may be subject to the processor’s terms and privacy practices.

Aquonyx may receive information including:

Payment method type;
Card brand;
Last four digits;
Billing address;
Payment status;
Transaction identifier;
Fraud indicators;
Chargeback information; and
Refund status.

Aquonyx does not guarantee that a payment processor will approve a transaction.

28. PAYMENT AUTHORIZATION

By submitting a payment method, you represent and warrant that:

The payment information is accurate;
You are authorized to use the payment method;
You are authorized to incur the charge;
The payment method may be charged for the transaction;
Aquonyx and its processor may verify the information;
Aquonyx may place an authorization hold;
Aquonyx may retry a failed recurring payment as permitted by law; and
You will pay all amounts when due.

You authorize Aquonyx and its payment processors to charge the payment method for:

Product purchases;
Services;
Shipping;
Freight;
Taxes;
Subscriptions;
Recurring charges;
Approved adjustments;
Contractually authorized fees; and
Other amounts disclosed and accepted during the transaction.

29. FAILED OR REVERSED PAYMENTS

If a payment fails, is reversed, or becomes disputed, Aquonyx may:

Delay fulfillment;
Cancel an unaccepted order;
Suspend account access;
Suspend subscriptions;
Require another payment method;
Require cleared funds;
Revoke credit terms;
Recover collection costs where permitted;
Offset amounts otherwise payable; or
Pursue available legal remedies.

A failed payment does not eliminate the Dealer’s obligation to pay for products or services already provided.

30. CREDIT TERMS

Aquonyx is not required to extend credit.

Any credit terms may be:

Conditioned on approval;
Subject to limits;
Modified prospectively;
Suspended;
Revoked;
Secured;
Personally guaranteed; or
Governed by a separate credit agreement.

Unless expressly stated otherwise, an invoice is due immediately.

The Dealer must pay all undisputed amounts when due.

31. RECURRING PAYMENTS AND AUTOMATIC RENEWAL

Certain Services may be offered through recurring subscriptions.

Before enrollment, Aquonyx will disclose the material subscription terms, including:

Price;
Billing interval;
Renewal frequency;
Trial period, if any;
Cancellation method;
Material limitations; and
When charges begin.

By enrolling, you authorize Aquonyx and its processor to automatically charge the payment method at each billing interval until cancellation.

Unless otherwise stated:

Subscriptions renew automatically;
Cancellation applies prospectively;
Cancellation does not create a prorated refund;
Previously paid amounts are nonrefundable;
Failure to use the Services does not create a refund right;
Removing a user does not necessarily cancel the subscription; and
The account holder is responsible for canceling through the approved method.

Aquonyx may change subscription pricing prospectively after providing any notice required by law.

32. REFUNDS, RETURNS, AND CANCELLATIONS

All purchases are governed by the Aquonyx Refund, Return, and Cancellation Policy.

Except where that Policy expressly states otherwise or applicable law requires otherwise:

All sales are final;
Payments are nonrefundable;
Orders are noncancelable after processing begins;
Subscription charges are nonrefundable;
Shipping and freight are nonrefundable;
Special-order products are nonreturnable;
Custom or configured products are nonreturnable;
Installed products are nonreturnable;
Used products are nonreturnable;
Damaged products caused by the Dealer are nonreturnable; and
Digital or training services are nonrefundable after access or performance begins.

No Aquonyx employee or representative may promise a refund outside the published Policy unless the promise is confirmed in writing by an authorized Aquonyx manager.

33. CUSTOMER CANCELLATIONS DO NOT AFFECT DEALER OBLIGATIONS

A Dealer remains responsible for an Aquonyx order even if:

The Dealer’s customer cancels;
Customer financing is denied;
The customer fails to pay;
The customer disputes the Dealer’s contract;
The Dealer selected the wrong product;
The Dealer overordered;
The Dealer’s installation is delayed;
The Dealer loses a sale;
The Dealer changes vendors;
The Dealer experiences staffing problems; or
The Dealer’s expected profit changes.

The Dealer’s relationship with its customer is separate from the Dealer’s relationship with Aquonyx.

34. PAYMENT DISPUTES AND CHARGEBACKS

Before initiating a payment dispute, the Dealer should contact Aquonyx and provide a reasonable opportunity to investigate.

Aquonyx may respond to a payment dispute by providing:

Order records;
Terms acceptance;
Login records;
Payment authorization;
Communications;
Tracking;
Delivery confirmation;
Product information;
Subscription records;
Account usage;
Warranty records;
Refund-policy acceptance; and
Other relevant evidence.

A chargeback does not automatically cancel the underlying debt.

If a chargeback is resolved in Aquonyx’s favor, the Dealer remains responsible for the amount and any lawful costs or fees.

Aquonyx may suspend an account during a payment dispute.

35. SHIPPING

All shipments are governed by the Shipping and Fulfillment Policy.

Unless otherwise agreed in writing:

Delivery dates are estimates;
Aquonyx may select the carrier;
Partial shipments are permitted;
Shipping charges may be added;
Freight adjustments may be charged;
Carrier delays are outside Aquonyx’s control;
The Dealer must provide an accurate address;
The Dealer must be available to receive freight; and
The Dealer must inspect the shipment promptly.

36. TITLE AND RISK OF LOSS

Unless a signed agreement expressly provides otherwise, products are shipped F.O.B. shipping point.

Title and risk of loss pass to the Dealer when the products are tendered to the carrier at the applicable Aquonyx, manufacturer, supplier, or distributor shipping location.

Aquonyx may assist with a carrier claim without assuming liability belonging to the carrier.

37. DELIVERY DATES

A delivery date is not guaranteed unless an authorized Aquonyx representative expressly agrees to a guaranteed date in a signed writing.

Aquonyx is not liable for losses arising from a non-guaranteed delivery delay, including:

Lost profits;
Lost customers;
Labor scheduling;
Installation rescheduling;
Penalties promised by the Dealer;
Financing expiration;
Customer cancellation;
Lost opportunity; or
Business interruption.

38. SHIPMENT INSPECTION

The Dealer must inspect all shipments immediately upon delivery and before:

Installation;
Resale;
Modification;
Removal of identifying labels;
Disposal of packaging;
Transfer to another location; or
Delivery to an end customer.

For visible damage, the Dealer must:

Note the damage on the carrier’s delivery receipt;
Photograph the shipment;
Photograph the packaging;
Photograph the shipping label;
Retain all packaging;
Notify Aquonyx promptly; and
Cooperate with the carrier claim.

39. SHORTAGE, DAMAGE, AND INCORRECT-ITEM CLAIMS

Visible shipping damage must be reported within one business day.

Concealed damage, shortages, and incorrect items must be reported within three business days after delivery.

A claim must include:

Order number;
Product information;
Quantity;
Serial number, if applicable;
Photographs;
Packaging photographs;
Shipping-label photographs;
Delivery receipt;
Description of the issue; and
Other reasonably requested information.

Failure to submit timely and complete documentation may result in denial of the claim to the maximum extent permitted by law.

40. REFUSED OR UNDELIVERABLE SHIPMENTS

Refusing delivery does not create a refund right.

If a shipment is refused, unclaimed, undeliverable, or returned because of Dealer action or inaccurate information, the Dealer is responsible for:

Original shipping;
Return shipping;
Redelivery;
Storage;
Carrier charges;
Address-correction charges;
Product damage;
Restocking charges;
Administrative costs; and
Other resulting expenses.

41. INSTALLATION

Unless Aquonyx expressly agrees in a separate signed contract, Aquonyx does not install products.

The Dealer is solely responsible for:

Site inspection;
Product sizing;
Product compatibility;
Plumbing;
Electrical work;
Drainage;
Bypass installation;
Permits;
Inspections;
Building codes;
Plumbing codes;
Water testing;
Sanitization;
Startup;
Programming;
Customer instruction;
Maintenance instruction;
Warranty registration;
Service; and
Removal or replacement.

42. LICENSES AND PROFESSIONAL QUALIFICATIONS

The Dealer must ensure that all installation and service work is performed by properly qualified and, where required, licensed individuals.

The Dealer is responsible for confirming all applicable:

Contractor licensing;
Plumbing licensing;
Electrical licensing;
Business licensing;
Permit requirements;
Inspection requirements;
Consumer-contract requirements;
Environmental requirements; and
Occupational-safety requirements.

Aquonyx does not verify every jurisdiction’s licensing requirements.

43. MANUFACTURER INSTRUCTIONS

Products must be installed, operated, maintained, and serviced in accordance with:

Manufacturer instructions;
Product manuals;
Safety warnings;
Water-condition limitations;
Flow requirements;
Pressure requirements;
Electrical requirements;
Drain requirements;
Maintenance schedules;
Warranty requirements; and
Applicable law.

Failure to follow instructions may result in:

Product failure;
Property damage;
Injury;
Reduced performance;
Warranty denial; or
Other loss.

44. WARRANTIES

Products may be covered by a written manufacturer warranty.

The applicable written warranty controls warranty eligibility and remedies.

Unless Aquonyx separately provides an express written warranty signed by an authorized representative, Aquonyx does not:

Expand a manufacturer warranty;
Guarantee labor;
Guarantee installation;
Guarantee removal;
Guarantee reinstallation;
Guarantee travel costs;
Guarantee diagnostics;
Guarantee lost profits;
Guarantee replacement before evaluation;
Guarantee customer reimbursement; or
Guarantee consequential expenses.

The Dealer may not modify, expand, or misrepresent a warranty on Aquonyx’s behalf.

45. WARRANTY CLAIMS

A warranty claim may require:

Proof of purchase;
Product serial number;
Installation date;
Installer information;
Installation photographs;
Water-test results;
Maintenance records;
Service history;
Description of the issue;
Diagnostic information;
Photographs or video;
Return of a component; and
Other information required by the manufacturer.

Submitting a warranty claim does not guarantee approval.

Aquonyx may require reasonable troubleshooting before authorizing replacement.

46. DISCLAIMER OF IMPLIED WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUCTS AND SERVICES NOT COVERED BY AN EXPRESS WRITTEN WARRANTY ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

AQUONYX DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
COURSE OF DEALING;
COURSE OF PERFORMANCE; AND
USAGE OF TRADE.

Where an implied warranty cannot legally be excluded, it is limited to the shortest period and narrowest scope permitted by law.

47. DEALER CUSTOMER CONTRACTS

The Dealer is solely responsible for its customer contracts.

Customer contracts should accurately address:

Dealer identity;
Product;
Scope of work;
Installation;
Price;
Payment;
Financing;
Cancellation rights;
Refunds;
Warranties;
Service;
Delivery;
Disclosures;
Permits;
Limitations; and
Applicable consumer rights.

Aquonyx is not responsible for a Dealer’s failure to use a compliant customer agreement.

48. DEALER REPRESENTATIONS TO CUSTOMERS

The Dealer may not make false, misleading, deceptive, unsupported, or unauthorized statements concerning:

Aquonyx;
Manufacturers;
Product performance;
Water safety;
Health benefits;
Contaminant reduction;
Certifications;
Warranties;
Pricing;
Savings;
Financing;
Government programs;
Rebates;
Tax benefits;
Exclusivity;
Availability;
Delivery;
Installation;
Customer eligibility; or
Aquonyx’s involvement.

The Dealer is responsible for all representations made by its employees, agents, contractors, call centers, marketers, and sales representatives.

49. MARKETING COMPLIANCE

The Dealer is independently responsible for compliance with laws governing:

Advertising;
Telemarketing;
Text messages;
Email marketing;
Artificial or prerecorded voice calls;
AI-generated voice calls;
Do-not-call requirements;
Consent;
Opt-outs;
Call recording;
Lead generation;
Testimonials;
Reviews;
Pricing;
Financing;
Savings claims;
Health claims;
Promotions;
Sweepstakes;
Social media; and
Consumer protection.

Aquonyx does not authorize the Dealer to violate any law or contact a person without legally sufficient permission.

50. MARKETING CONSENT IS SEPARATE

Acceptance of these Terms does not, by itself, constitute consent to receive regulated marketing calls or marketing text messages.

When required, Aquonyx will request marketing consent through a separate optional disclosure and checkbox.

The marketing-consent checkbox must not be preselected.

A person’s decision not to provide optional marketing consent will not prevent that person from purchasing goods or services, unless the communication itself is necessary to provide a specifically requested service.

51. TRANSACTIONAL AND ACCOUNT COMMUNICATIONS

By providing a telephone number or email address, you authorize Aquonyx to send nonmarketing communications reasonably related to:

Dealer applications;
Identity verification;
Account activation;
Account security;
Orders;
Payments;
Shipping;
Delivery;
Warranties;
Support;
Training;
Certifications;
Compliance;
Fraud prevention;
Policy notices; and
The existing Dealer relationship.

These communications may be sent by email, telephone, text, portal message, or other reasonable means as permitted by law.

52. AI, ARTIFICIAL-VOICE, AND PRERECORDED COMMUNICATIONS

Aquonyx may use:

Artificial intelligence;
Automated assistants;
Chatbots;
Artificial voices;
AI-generated voices;
Prerecorded messages;
Speech recognition;
Automated routing;
Call transcription;
Call summarization;
Quality-assurance tools; and
Other communication technologies.

Where legally required, Aquonyx will obtain the required consent before using such technology for a regulated call.

You acknowledge that an AI-assisted system may:

Misunderstand a statement;
Provide incomplete information;
Make an incorrect recommendation;
Require human review;
Fail to recognize context; or
Produce an inaccurate summary.

You should confirm all material transaction terms through the portal or with an authorized human representative.

53. CALL RECORDING AND MONITORING

Calls and other communications may be:

Recorded;
Monitored;
Transcribed;
Summarized;
Analyzed; or
Reviewed

for quality, training, security, fraud prevention, documentation, support, dispute resolution, and compliance.

Aquonyx will provide notice or obtain consent where required by applicable law.

You must not record Aquonyx personnel without providing any notice or obtaining any consent required by law.

54. DEALER-SUBMITTED CUSTOMER DATA

A Dealer may submit information concerning its:

Customers;
Prospects;
Employees;
Installers;
Service locations;
Warranty holders;
Customer orders;
Installations;
Appointments;
Product selections;
Water-test results; or
Other business contacts.

The Dealer represents and warrants that:

It lawfully collected the information;
It has authority to submit the information;
It provided all required notices;
It obtained all required consents;
Its instructions to Aquonyx are lawful;
The information is relevant and reasonably necessary;
The information does not violate another person’s rights; and
It will not submit prohibited or unnecessary sensitive information.

55. DATA LICENSE

The Dealer retains ownership of data it lawfully submits, subject to the rights granted in these Terms.

The Dealer grants Aquonyx a nonexclusive, worldwide, royalty-free license to host, copy, transmit, organize, analyze, display, use, and otherwise process submitted data as necessary to:

Provide the Services;
Process orders;
Manage accounts;
Administer warranties;
Provide support;
Conduct training;
Maintain security;
Prevent fraud;
Enforce agreements;
Comply with law;
Generate reports;
Improve the Services; and
Create aggregated or deidentified information.

This license continues for as long as reasonably necessary to fulfill these purposes and comply with legal obligations.

56. AGGREGATED AND DEIDENTIFIED INFORMATION

Aquonyx may create aggregated, statistical, or deidentified information using information processed through the Services.

Aquonyx may use that information for:

Analytics;
Benchmarking;
Forecasting;
Product development;
Inventory planning;
Dealer support;
Fraud prevention;
Research;
Business intelligence;
Service improvement; and
Other lawful business purposes.

Aquonyx will not attempt to reidentify information maintained as deidentified except where permitted for security, compliance, or validation.

57. PRIVACY

Aquonyx’s collection and processing of Personal Information are described in the Aquonyx Privacy Policy.

You acknowledge that you have reviewed the Privacy Policy.

Acknowledging the Privacy Policy is not the same as consenting to every form of data processing. Separate consent will be requested when legally required.

58. COOKIES AND TRACKING

Aquonyx may use cookies, pixels, analytics, advertising tools, fraud-prevention technologies, local storage, and similar technologies as described in the Cookie Policy and Privacy Policy.

Where required, nonessential technologies will be used only after appropriate consent.

Users may manage choices through the cookie-preference tool, browser controls, or an applicable privacy-choice link.

59. INTELLECTUAL PROPERTY

The Services and all related materials are owned by Aquonyx or its licensors.

Protected materials may include:

Aquonyx names;
Logos;
Trademarks;
Product names;
Graphics;
Photographs;
Videos;
Training;
Manuals;
Text;
Software;
Source code;
Databases;
Data compilations;
Calculators;
Reports;
Product-selection logic;
Portal design;
Workflows;
Documentation;
Advertising materials;
Business processes; and
Other proprietary content.

No ownership right is transferred to the Dealer.

60. TRADEMARK AND BRAND USE

A Dealer may use Aquonyx trademarks only:

With written authorization;
During an active Dealer relationship;
In accordance with brand guidelines;
In approved forms;
Without alteration;
Without registering confusingly similar names;
Without implying ownership;
Without implying Aquonyx’s approval of unauthorized claims; and
Without creating confusion about the Dealer’s independent status.

Aquonyx may revoke brand-use permission.

Upon termination, the Dealer must stop using Aquonyx trademarks except as required to truthfully identify previously sold products or perform existing warranty obligations.

61. PROHIBITED INTELLECTUAL-PROPERTY USE

You may not:

Copy the portal;
Scrape protected data;
Reverse engineer software;
Decompile software;
Circumvent technical restrictions;
Remove copyright notices;
Create derivative works;
Sell access;
Redistribute training;
Publish confidential pricing;
Replicate calculators;
Use Aquonyx content to train a competing AI model;
Build a competing service using Aquonyx information;
Register Aquonyx trademarks or confusingly similar domains; or
Use Aquonyx materials outside the rights expressly granted.

62. CONFIDENTIAL INFORMATION

Confidential Information may include:

Dealer pricing;
Wholesale pricing;
Supplier information;
Product roadmaps;
Training;
Business methods;
Nonpublic product information;
Software;
Reports;
Forecasts;
Dealer lists;
Customer information;
Marketing plans;
Financial information;
Manufacturer information;
System architecture;
Security information; and
Other nonpublic information.

The receiving party must:

Use reasonable care;
Use Confidential Information only for the authorized relationship;
Limit access to persons with a legitimate need;
Protect credentials;
Avoid unauthorized disclosure; and
Notify the disclosing party of suspected unauthorized access.

63. CONFIDENTIALITY EXCEPTIONS

Confidential Information does not include information that the receiving party can establish:

Became public without breach;
Was already lawfully known;
Was received from an authorized third party;
Was independently developed without use of Confidential Information; or
Must be disclosed by law.

If disclosure is legally required, the receiving party must provide advance notice where legally permitted and reasonably cooperate in seeking protection.

64. ACCEPTABLE USE

You may use the Services only for lawful and authorized purposes.

You may not use the Services to:

Commit fraud;
Violate law;
Infringe intellectual property;
Misrepresent identity;
Submit false information;
Engage in unauthorized telemarketing;
Send unlawful text messages;
Upload unlawfully obtained data;
Transmit malware;
Attempt unauthorized access;
Interfere with the Services;
Probe security vulnerabilities;
Manipulate pricing;
Evade payment;
Abuse promotional programs;
Falsify certifications;
Misrepresent a Dealer relationship;
Export products unlawfully;
Harass another person;
Violate privacy rights;
Use bots to place fraudulent orders;
Circumvent quantity restrictions; or
Facilitate unlawful activity.

65. THIRD-PARTY SERVICES

The Services may integrate with third parties including:

Stripe;
Manufacturers;
Suppliers;
Carriers;
Financing providers;
Analytics companies;
Advertising platforms;
Communications providers;
Artificial-intelligence providers;
Training providers;
Document-signing services;
Mapping providers; and
Social-media platforms.

Aquonyx does not control third-party services.

Aquonyx is not responsible for:

Third-party outages;
Independent privacy practices;
Financing denials;
Carrier delays;
Processor decisions;
Manufacturer actions;
Third-party data errors;
Third-party account restrictions; or
Changes to third-party services.

66. FINANCING TOOLS AND REFERRALS

A financing calculator, payment estimate, application link, or referral is informational unless expressly stated otherwise.

Unless Aquonyx expressly identifies itself as the lender:

Aquonyx is not the creditor;
Aquonyx does not guarantee approval;
Aquonyx does not set final lender terms;
The lender makes underwriting decisions;
Rates may change;
Payment estimates may be inaccurate;
An estimate is not a financing offer;
The Dealer is responsible for customer financing disclosures; and
The Dealer must comply with applicable lending and consumer laws.

67. TRAINING AND CERTIFICATION

Aquonyx may offer training, testing, or certification.

Unless expressly stated otherwise:

Certification is limited to the subject matter identified;
Certification is not a government license;
Certification does not replace local licensing;
Certification does not guarantee competence in every situation;
Aquonyx may establish renewal requirements;
Aquonyx may revoke certification for misconduct;
Training materials may not be redistributed; and
Completion does not guarantee sales, performance, or product availability.

68. REVIEWS AND USER CONTENT

If you submit reviews, photographs, comments, testimonials, suggestions, or other content, you represent that:

You own or control the content;
The content is accurate;
The content is not deceptive;
The content does not infringe another person’s rights;
You have necessary permissions;
The content does not disclose confidential information; and
The content complies with law.

You grant Aquonyx a nonexclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, display, and distribute the content for lawful business purposes.

Aquonyx may remove content that violates these Terms.

69. FEEDBACK

If you provide ideas, suggestions, feature requests, or feedback, you grant Aquonyx a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use, modify, commercialize, and incorporate the feedback without restriction or compensation.

This section does not transfer ownership of Dealer-confidential customer data.

70. SERVICE AVAILABILITY

Aquonyx does not guarantee that the Services will be:

Uninterrupted;
Error free;
Secure at all times;
Available in every location;
Compatible with every device;
Free of delays;
Free of harmful components;
Continuously supported; or
Unchanged.

Aquonyx may perform maintenance, modify features, suspend functions, or discontinue Services.

71. NO BUSINESS OR PROFIT GUARANTEE

Aquonyx does not guarantee:

Dealer sales;
Dealer profit;
Customer acquisition;
Lead volume;
Customer conversion;
Territory performance;
Financing approval;
Product demand;
Customer satisfaction;
Business success;
Return on investment; or
Any particular financial outcome.

Business results depend on factors outside Aquonyx’s control.

72. SUSPENSION

Aquonyx may suspend or restrict access if:

These Terms are violated;
Payment fails;
Fraud is suspected;
Security is compromised;
Information is inaccurate;
A license expires;
Insurance expires;
Required documentation is missing;
A chargeback is filed;
Misleading marketing occurs;
Customer harm is alleged;
A manufacturer requires action;
A regulator requires action;
The Dealer relationship ends;
Use creates material legal risk; or
Suspension is otherwise permitted by a separate agreement.

Aquonyx may limit suspension to affected users, features, products, or transactions where appropriate.

73. TERMINATION BY AQUONYX

Aquonyx may terminate an account or access:

For material breach;
For repeated breach;
For fraud;
For unlawful conduct;
For nonpayment;
For misuse of Aquonyx intellectual property;
For misleading customer representations;
For unauthorized marketing;
For security threats;
Upon termination of the Dealer relationship;
As required by law; or
As permitted by a separate agreement.

Aquonyx may terminate without advance notice when immediate action is reasonably necessary to prevent harm, fraud, security risk, or legal exposure.

74. EFFECT OF TERMINATION

Upon termination:

Access rights end;
Licenses granted to the Dealer end;
Outstanding amounts become immediately due;
The Dealer must stop using restricted Aquonyx materials;
The Dealer must return or destroy Confidential Information where required;
Aquonyx may retain legally necessary records;
Existing customer and warranty obligations remain with the Dealer;
Payment obligations survive; and
Provisions intended to survive remain effective.

Termination does not cancel an accepted order unless Aquonyx expressly states otherwise.

75. DISCLAIMER OF SERVICES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

AQUONYX DOES NOT WARRANT THAT:

THE SERVICES WILL BE UNINTERRUPTED;
ALL CONTENT WILL BE ACCURATE;
ALL CALCULATIONS WILL BE CORRECT;
EVERY PRODUCT WILL BE AVAILABLE;
EVERY RECOMMENDATION WILL BE APPROPRIATE;
THIRD-PARTY SERVICES WILL FUNCTION;
A DEALER WILL ACHIEVE A PARTICULAR RESULT;
FINANCING WILL BE APPROVED;
PRODUCT INFORMATION WILL NEVER CHANGE; OR
THE SERVICES WILL MEET EVERY USER REQUIREMENT.

76. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUONYX AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, MANUFACTURERS, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR:

INDIRECT DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
CONSEQUENTIAL DAMAGES;
EXEMPLARY DAMAGES;
PUNITIVE DAMAGES;
LOST PROFITS;
LOST REVENUE;
LOST BUSINESS;
LOST CUSTOMERS;
LOST OPPORTUNITY;
LOSS OF GOODWILL;
LOSS OF DATA;
BUSINESS INTERRUPTION;
CUSTOMER CLAIMS;
LABOR COSTS;
REMOVAL COSTS;
REINSTALLATION COSTS;
TRAVEL COSTS;
FINANCING DENIAL;
CUSTOMER CANCELLATION;
SHIPPING DELAY;
SUPPLIER DELAY;
PROPERTY DAMAGE CAUSED BY IMPROPER INSTALLATION;
RELIANCE ON AUTOMATED OUTPUT;
RELIANCE ON AN AI RESPONSE; OR
RELIANCE ON AN ESTIMATE OR RECOMMENDATION.

This limitation applies regardless of whether the claim is based on contract, warranty, tort, negligence, strict liability, statute, or another theory.

77. LIABILITY CAP

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUONYX’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO:

THE SERVICES;
THESE TERMS;
AN ACCOUNT;
A PRODUCT;
AN ORDER;
A SUBSCRIPTION;
A WARRANTY CLAIM; OR
THE DEALER RELATIONSHIP

WILL NOT EXCEED THE GREATER OF:

THE AMOUNT THE DEALER PAID AQUONYX FOR THE SPECIFIC PRODUCT OR SERVICE DIRECTLY GIVING RISE TO THE CLAIM; OR
FIVE HUNDRED DOLLARS ($500).

This limitation does not apply to liability that applicable law prohibits Aquonyx from limiting.

78. DEALER INDEMNIFICATION

The Dealer will defend, indemnify, and hold harmless Aquonyx and its members, managers, officers, employees, affiliates, manufacturers, suppliers, contractors, licensors, and service providers from claims, demands, actions, damages, judgments, settlements, penalties, fines, costs, liabilities, and reasonable attorneys’ fees arising from or relating to:

The Dealer’s breach of these Terms;
The Dealer’s customer contracts;
Installation;
Service work;
Product selection;
Customer representations;
Marketing;
Calls;
Text messages;
Emails;
AI or prerecorded communications;
Call recording;
Lead generation;
Customer data;
Privacy violations;
Financing activities;
Licensing violations;
Permit violations;
Bodily injury;
Property damage;
Dealer negligence;
Dealer misconduct;
Unauthorized warranties;
Unauthorized refund promises;
Intellectual-property infringement;
Violation of law;
Actions of Dealer employees or contractors; or
Claims by the Dealer’s customers.

79. INDEMNIFICATION PROCEDURE

Aquonyx will provide reasonable notice of a covered claim.

The Dealer must cooperate in the defense.

Aquonyx may control the defense using counsel of its choice.

The Dealer may not settle a claim in a manner that:

Admits wrongdoing by Aquonyx;
Imposes liability on Aquonyx;
Requires Aquonyx to take or stop an action;
Affects Aquonyx intellectual property; or
Requires payment by Aquonyx

without Aquonyx’s prior written consent.

80. FORCE MAJEURE

Aquonyx is not liable for delay or failure caused by events beyond its reasonable control, including:

Natural disaster;
Severe weather;
Fire;
Flood;
Hurricane;
Earthquake;
War;
Terrorism;
Civil unrest;
Epidemic;
Pandemic;
Government action;
Import restriction;
Export restriction;
Tariff;
Customs delay;
Port closure;
Labor dispute;
Transportation interruption;
Carrier failure;
Supplier failure;
Manufacturer delay;
Material shortage;
Utility interruption;
Internet outage;
Cyberattack;
Payment-network interruption;
Cloud-service failure; or
Other events outside reasonable control.

Payment obligations for goods or services already provided are not excused.

81. INFORMAL DISPUTE RESOLUTION

Before filing arbitration or litigation, the claimant must send a written Notice of Dispute containing:

Claimant’s name;
Dealer and account information;
Contact information;
Relevant order number;
Description of the dispute;
Supporting documents;
Amount at issue;
Prior efforts to resolve the matter; and
Requested resolution.

The Notice must be sent to:

Aquonyx LLC — Legal Notice
[INSERT MAILING ADDRESS]
[INSERT LEGAL EMAIL]

The parties will attempt in good faith to resolve the dispute for 30 days after Aquonyx receives the complete Notice.

This requirement does not prevent a party from seeking immediate injunctive relief where necessary.

82. BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS SECTION CAREFULLY.

Except for claims expressly excluded below, any dispute, claim, or controversy arising from or relating to:

These Terms;
The Services;
A Dealer application;
An account;
An order;
A payment;
A subscription;
A warranty;
A communication;
A product;
A Dealer relationship; or
The termination of a relationship

will be resolved through binding individual arbitration under the Federal Arbitration Act.

Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules unless the parties agree otherwise.

The arbitration will take place in Richland County, South Carolina, or remotely if the parties agree or the arbitrator directs.

The arbitrator may award any individual remedy a court could award, subject to these Terms.

Judgment on the award may be entered in any court of competent jurisdiction.

83. CLAIMS EXCLUDED FROM ARBITRATION

The following claims may be brought in court:

A qualifying small-claims action;
A claim for temporary or preliminary injunctive relief;
Unauthorized access or cybersecurity claims requiring immediate relief;
Intellectual-property infringement;
Misuse of Confidential Information;
Actions to enforce an arbitration award; and
Other claims that applicable law prohibits from being arbitrated.

84. CLASS-ACTION WAIVER

DISPUTES MUST BE BROUGHT INDIVIDUALLY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY MAY:

Bring or participate in a class action;
Bring or participate in class arbitration;
Act as a private attorney general;
Consolidate claims of unrelated parties;
Pursue representative relief;
Pursue mass arbitration as a coordinated representative action; or
Seek relief for anyone other than the individual claimant.

If this waiver is found unenforceable as to a particular claim, that claim will proceed in court after arbitrable claims are resolved, unless applicable law requires otherwise.

85. JURY-TRIAL WAIVER

For any dispute permitted to proceed in court, each party knowingly, voluntarily, and irrevocably waives trial by jury to the maximum extent permitted by law.

86. GOVERNING LAW

The Federal Arbitration Act governs arbitration matters.

All other matters are governed by the laws of the State of South Carolina, without regard to conflict-of-law rules.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

87. COURT VENUE

Any court proceeding permitted under these Terms must be brought exclusively in the state or federal courts located in Richland County, South Carolina.

Each party consents to:

Personal jurisdiction;
Subject-matter jurisdiction where applicable; and
Venue in those courts.

88. LIMITATION PERIOD

To the maximum extent permitted by law, any claim arising from or relating to the Services, an order, a product, an account, or these Terms must be initiated within one year after the claimant knew or reasonably should have known of the facts giving rise to the claim.

A claim not initiated within that period is permanently barred.

This section does not shorten a period that applicable law prohibits the parties from shortening.

89. ATTORNEYS’ FEES AND COLLECTION COSTS

Aquonyx may recover reasonable attorneys’ fees and collection costs incurred to collect undisputed amounts or enforce payment obligations, to the extent permitted by law or a separate agreement.

For other disputes, each party will bear its own attorneys’ fees unless:

A statute provides otherwise;
The arbitrator or court awards fees;
A separate agreement provides otherwise; or
The claim was brought in bad faith.

90. CHANGES TO THESE TERMS

Aquonyx may update these Terms prospectively to reflect changes in:

Law;
Technology;
Products;
Services;
Payment methods;
Business practices;
Risk;
Security;
Vendors;
Communications; or
Operations.

Aquonyx may provide notice through:

Email;
Website posting;
Portal notification;
Login screen;
Account message;
Checkout screen; or
Another reasonable method.

Material changes may require affirmative acceptance.

Changes will not retroactively alter completed orders or accrued claims unless legally permitted and expressly agreed.

91. ASSIGNMENT

The Dealer may not assign or transfer:

These Terms;
An account;
An order;
Dealer status;
Pricing;
Portal access;
Subscription rights; or
Any rights or obligations

without Aquonyx’s prior written consent.

Aquonyx may assign these Terms in connection with:

A merger;
Acquisition;
Financing;
Reorganization;
Sale of assets;
Affiliate restructuring;
Succession; or
Transfer of the applicable business.

92. NOTICES

Aquonyx may provide notices through:

Email;
Portal notification;
Account message;
Website posting;
Mail;
Text message for appropriate operational notices; or
Another reasonable electronic method.

You are responsible for maintaining accurate contact information.

A notice sent to the address or email associated with your account is deemed delivered when sent, unless applicable law requires otherwise.

Formal legal notices to Aquonyx must be sent to:

Aquonyx LLC
Attn: Legal Department
[INSERT MAILING ADDRESS]
[INSERT LEGAL EMAIL]

93. SEVERABILITY

If a provision of these Terms is held invalid or unenforceable:

It will be enforced to the maximum lawful extent;
It may be modified to make it enforceable;
The remaining provisions remain effective; and
The invalidity of one provision does not invalidate the entire agreement.

94. NO WAIVER

Aquonyx’s failure to enforce a provision is not a waiver.

A waiver is effective only if:

It is in writing;
It expressly identifies the waived provision; and
It is signed by an authorized Aquonyx representative.

A waiver concerning one event is not a waiver concerning a later event.

95. NO THIRD-PARTY BENEFICIARIES

Except for persons expressly protected by the indemnification and liability provisions, these Terms do not create rights for any third party.

A Dealer’s customer is not a third-party beneficiary of these Terms.

96. ENTIRE AGREEMENT

These Terms, the incorporated policies, accepted order terms, and any applicable separate signed agreement constitute the entire agreement concerning their subject matter.

They supersede prior or contemporaneous:

Statements;
Discussions;
Presentations;
Advertisements;
Emails;
Messages;
Proposals;
Understandings; and
Representations

concerning the same subject matter.

97. INTERPRETATION

In these Terms:

Headings are for convenience;
“Including” means “including without limitation”;
Singular includes plural where appropriate;
Electronic copies are treated as originals;
References to law include amendments and replacements;
“Written” includes an authorized electronic record;
“Business day” excludes weekends and South Carolina state holidays; and
Ambiguities will not automatically be construed against the drafter.

98. SURVIVAL

Provisions that by their nature should continue after termination will survive, including provisions concerning:

Payment;
Refund restrictions;
Intellectual property;
Confidentiality;
Dealer data representations;
Aggregated information;
Warranty limitations;
Disclaimers;
Liability limitations;
Indemnification;
Dispute resolution;
Arbitration;
Governing law;
Venue;
Collection;
Records; and
Survival.

99. CONTACT INFORMATION

Aquonyx LLC
[INSERT PRINCIPAL OR MAILING ADDRESS]
South Carolina, United States

Customer Support: [INSERT SUPPORT EMAIL]
Billing: [INSERT BILLING EMAIL]
Privacy: [INSERT PRIVACY EMAIL]
Legal Notices: [INSERT LEGAL EMAIL]
Telephone: [INSERT CUSTOMER-SERVICE NUMBER]
Business Hours: [INSERT BUSINESS HOURS]

100. REQUIRED ACCEPTANCE LANGUAGE

The following checkbox should appear at Dealer signup and must not be prechecked:

“I certify that I am at least 18 years old and authorized to bind the business identified in this application. I have read and electronically agree to the Aquonyx LLC Terms and Conditions, Refund, Return, and Cancellation Policy, Shipping and Fulfillment Policy, and applicable order terms, and I acknowledge the Aquonyx Privacy Policy.”

The following acknowledgment should appear during portal login:

“By selecting ‘Continue and Agree,’ I electronically agree to the current Aquonyx LLC Terms and Conditions and incorporated commercial policies, acknowledge the current Privacy Policy, and confirm that I remain authorized to use this account. I understand that Aquonyx may record my acceptance, including my account, date, time, Internet Protocol address, device information, and policy version.”

The login screen should provide:

Continue and Agree
Review Terms and Policies
Sign Out

Optional marketing consent must be displayed through a separate, unchecked checkbox and must not be included in the mandatory Terms acceptance.