TERMS OF SERVICE, COURSE LICENSE, SUBSCRIPTION, SERVICES AND INTELLECTUAL PROPERTY AGREEMENT
These Terms of Service, Course License, Subscription, Services and Intellectual Property Agreement (“Agreement” or “Terms”) constitute a legally binding agreement between Aquonyx LLC, together with its affiliates, subsidiaries, related entities, successors, assigns, brands, contractors, service providers, and the WaterCheatCode.com brand (“Aquonyx,” “WaterCheatCode,” “Company,” “we,” “us,” or “our”), and the person or entity creating an account, accessing, purchasing, subscribing to, receiving, or using any WaterCheatCode product or service (“User,” “Customer,” “you,” or “your”).
WaterCheatCode.com is owned and operated by Aquonyx LLC.
IMPORTANT LEGAL NOTICE
READ THIS AGREEMENT CAREFULLY BEFORE CREATING AN ACCOUNT, ACCESSING A COURSE, MAKING A PURCHASE, OR USING ANY WATERCHEATCODE PRODUCT OR SERVICE.
BY:
- CREATING AN ACCOUNT;
- CLICKING “I AGREE”;
- CHECKING AN ACCEPTANCE BOX;
- ELECTRONICALLY SIGNING;
- ENROLLING IN A FREE OR PAID COURSE;
- PURCHASING ANY PRODUCT OR SERVICE;
- ACCESSING RESTRICTED CONTENT;
- STARTING A SUBSCRIPTION;
- USING DONE-FOR-YOU OR DONE-WITH-YOU SERVICES;
- ACCESSING DOWNLOADABLE MATERIALS; OR
- OTHERWISE USING THE SERVICES AFTER THESE TERMS HAVE BEEN PRESENTED TO YOU,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS CONCERNING:
- STRICT INTELLECTUAL PROPERTY OWNERSHIP;
- PROHIBITIONS AGAINST COPYING OR REPRODUCING COURSE MATERIAL;
- PROHIBITIONS AGAINST SHARING ACCOUNT ACCESS;
- PROHIBITIONS AGAINST RESELLING COMPANY MATERIAL;
- PROHIBITIONS AGAINST WHITE-LABELING COMPANY MATERIAL;
- PROHIBITIONS AGAINST USING COMPANY MATERIAL TO TRAIN THIRD PARTIES;
- PROHIBITIONS AGAINST RESELLING ADVERTISING CREATIVES OR DOWNLOADABLE ASSETS;
- PROHIBITIONS AGAINST USING COMPANY CONTENT TO DEVELOP A COMPETING COURSE OR SERVICE;
- PROHIBITIONS AGAINST UPLOADING COMPANY CONTENT INTO ARTIFICIAL INTELLIGENCE SYSTEMS;
- AUTOMATICALLY RENEWING SUBSCRIPTIONS;
- AN ALL-SALES-FINAL AND NO-REFUND POLICY;
- A COVENANT AGAINST IMPROPER CHARGEBACKS;
- NO GUARANTEE OF LEADS, SALES, REVENUE, PROFIT OR BUSINESS SUCCESS;
- DISCLAIMERS OF WARRANTIES;
- ASSUMPTION OF BUSINESS RISK;
- RELEASE AND HOLD-HARMLESS PROVISIONS;
- LIMITATION OF LIABILITY;
- USER INDEMNIFICATION;
- BINDING INDIVIDUAL ARBITRATION;
- CLASS-ACTION WAIVER; AND
- JURY-TRIAL WAIVER.
IF YOU DO NOT AGREE TO EVERY PROVISION OF THIS AGREEMENT, DO NOT CREATE AN ACCOUNT, MAKE A PURCHASE, ACCESS RESTRICTED CONTENT, OR USE THE SERVICES.
1. BUSINESS PURPOSE
WaterCheatCode provides education, information, software, resources, coaching, advertising assistance, consulting, marketing services, and related business services primarily to business owners, entrepreneurs, sales organizations, dealers, contractors, water-treatment professionals, and persons contemplating entering or operating a business.
You represent and warrant that your use of the Services is primarily for commercial, professional, entrepreneurial, or business purposes and not primarily for personal, family, or household purposes.
Nothing in this Agreement eliminates or restricts a right that applicable law expressly prohibits a party from waiving.
2. ELIGIBILITY
You must:
- be at least eighteen years old;
- possess legal capacity to enter into a binding contract;
- provide accurate registration information;
- possess authority to use any payment method submitted;
- comply with this Agreement; and
- use the Services only for lawful purposes.
Company may reject, suspend, restrict, or terminate an account that does not satisfy these requirements.
3. BUSINESS ENTITY ACCOUNTS
If you register, purchase, or use the Services on behalf of a:
- corporation;
- limited liability company;
- partnership;
- dealership;
- franchise;
- employer;
- agency;
- organization;
- or other business entity,
you represent and warrant that you possess authority to bind that entity to this Agreement.
In that situation:
- the business entity is bound by this Agreement;
- the individual accepting this Agreement represents that the individual possesses authority to do so;
- the entity is responsible for the conduct of persons using its account; and
- individuals receiving access remain personally responsible for their own violations of intellectual-property, confidentiality, account-security, payment, and prohibited-use provisions.
4. DEFINITIONS
For purposes of this Agreement:
4.1 “Authorized User”
“Authorized User” means an individual expressly authorized under the applicable WaterCheatCode plan, Order, subscription, or license to access restricted Services.
4.2 “Company Content”
“Company Content” means all information, content, materials, intellectual property, resources, works, and proprietary information made available directly or indirectly by Company, including:
- Courses;
- Course modules;
- video;
- audio;
- recordings;
- webinars;
- live training;
- coaching recordings;
- transcripts;
- presentations;
- written lessons;
- manuals;
- training documents;
- guides;
- ebooks;
- PDFs;
- downloadable files;
- spreadsheets;
- calculators;
- worksheets;
- checklists;
- forms;
- templates;
- agreements;
- SOPs;
- scripts;
- sales scripts;
- telephone scripts;
- objection-handling scripts;
- advertising strategies;
- advertising frameworks;
- advertising copy;
- advertisements;
- ad creatives;
- images;
- graphics;
- video creatives;
- photographs;
- landing pages;
- landing-page structures;
- funnels;
- funnel designs;
- offer structures;
- marketing systems;
- lead-generation systems;
- lead-management systems;
- sales systems;
- business processes;
- operational processes;
- methods;
- workflows;
- systems;
- research;
- analyses;
- databases;
- compilations;
- educational sequences;
- prompts;
- automation workflows;
- AI workflows;
- software;
- source code;
- object code;
- website functionality;
- application functionality;
- user interfaces;
- databases;
- architecture;
- reports;
- methodologies;
- confidential information;
- trade secrets;
- trademarks;
- logos;
- branding;
- names;
- slogans;
- and any modification, update, replacement, adaptation, derivative, compilation, or substantially similar version thereof.
4.3 “Course”
“Course” means any free or paid educational program offered through WaterCheatCode.
4.4 “Services”
“Services” means all free and paid products and services offered by Company through or in connection with WaterCheatCode, including:
- Courses;
- subscriptions;
- memberships;
- coaching;
- consulting;
- advertising assistance;
- advertising management;
- marketing assistance;
- campaign management;
- Done-With-You Services;
- Done-For-You Services;
- software;
- tools;
- digital products;
- downloadable resources;
- communities;
- webinars;
- live training;
- and related products or services.
4.5 “Order”
“Order” means an order form, checkout page, subscription enrollment, invoice, proposal, statement of work, plan description, or other written description identifying a particular product or Service.
4.6 “User Materials”
“User Materials” means content or information supplied by User, including:
- business information;
- trademarks;
- logos;
- photographs;
- customer information;
- lead information;
- advertising claims;
- pricing;
- warranties;
- product information;
- credentials;
- account access;
- data;
- creative materials;
- testimonials;
- and other information provided by User.
5. FREE SERVICES ARE SUBJECT TO THIS AGREEMENT
Certain WaterCheatCode Courses, tools, resources, or other Services may be offered free of charge.
The fact that Company provides content without requiring payment does not:
- place that content in the public domain;
- transfer ownership;
- waive Company's intellectual-property rights;
- give User resale rights;
- give User redistribution rights;
- permit copying;
- permit sublicensing;
- permit publication;
- permit use in another Course;
- permit commercial redistribution; or
- permit use outside the license granted by this Agreement.
Free Company Content remains Company property and remains subject to all intellectual-property restrictions in this Agreement.
6. PAID SERVICES
Company may charge fees for certain Services.
The applicable:
- price;
- billing frequency;
- duration;
- features;
- deliverables;
- subscription period;
- and other specific commercial terms
may be stated on the applicable Order.
Unless an Order expressly provides otherwise, all provisions of this Agreement apply to the purchased Service.
7. LIMITED LICENSE
Subject to User's continued compliance with this Agreement and payment of all applicable amounts, Company grants User a:
- limited;
- conditional;
- revocable;
- non-exclusive;
- non-transferable;
- non-assignable;
- and non-sublicensable
license to access and use authorized Company Content solely for User's permitted internal business purposes.
This Agreement grants a license to use Company Content.
It does not sell or transfer ownership of Company Content.
Payment does not transfer ownership.
Downloading does not transfer ownership.
Receiving an editable file does not transfer ownership.
Receiving source files does not transfer ownership.
Receiving advertising creatives does not transfer ownership.
Receiving Done-For-You materials does not transfer Company's underlying intellectual property except where an Order signed by an authorized Company representative expressly states otherwise.
All rights not expressly granted are reserved by Company.
8. SINGLE-USER ACCESS
Unless an Order expressly includes multiple seats:
ONE ACCOUNT AND ONE COURSE LICENSE ARE FOR ONE AUTHORIZED USER ONLY.
User may not:
- share login credentials;
- provide another person with User's password;
- create shared logins;
- allow employees to use User's login;
- allow business partners to use User's login;
- allow contractors to use User's login;
- allow customers to use User's login;
- display restricted Courses to groups;
- broadcast restricted Courses;
- conduct group training using restricted Course videos;
- screen-share restricted content with unauthorized persons;
- or otherwise bypass user-license restrictions.
Additional individuals requiring access must obtain authorized access or additional seats unless Company expressly provides otherwise.
9. ACCOUNT SECURITY
User is responsible for safeguarding account credentials.
User shall immediately notify Company upon discovering or reasonably suspecting:
- account compromise;
- unauthorized access;
- password theft;
- credential sharing;
- unauthorized downloading;
- or unauthorized use of Company Content.
Company may temporarily suspend access while investigating suspected unauthorized activity.
10. COMPANY OWNS ITS INTELLECTUAL PROPERTY
As between Company and User, Company retains all right, title, ownership, and interest in Company Content and related intellectual-property rights.
Company Content may be protected by:
- copyright law;
- trademark law;
- trade-secret law;
- contract law;
- database protections;
- unfair-competition law;
- computer-access laws;
- and other applicable legal protections.
No right is granted by:
- implication;
- estoppel;
- acquiescence;
- payment;
- access;
- delivery;
- possession;
- or any other theory
except rights expressly granted by Company in writing.
11. STRICT NO-COPYING POLICY
Except for limited personal notes that do not reproduce a substantial portion of Company Content, User shall not directly or indirectly:
- copy;
- reproduce;
- duplicate;
- photograph;
- screen capture;
- screen record;
- record;
- transcribe;
- scan;
- archive;
- download where downloading is not expressly authorized;
- mirror;
- cache;
- republish;
- or otherwise reproduce Company Content.
The prohibition applies whether reproduction is:
- complete;
- partial;
- verbatim;
- summarized;
- rearranged;
- reformatted;
- translated;
- visually modified;
- or otherwise altered.
12. STRICT NO-SHARING POLICY
User shall not directly or indirectly:
- send;
- email;
- text;
- upload;
- publish;
- transmit;
- distribute;
- broadcast;
- publicly display;
- privately distribute;
- provide;
- or otherwise make Company Content available
to any unauthorized person, organization, business, customer, employee, contractor, consultant, dealer, franchisee, agency, partner, or competitor.
13. STRICT NO-RESALE POLICY
User may not:
- sell;
- resell;
- sublicense;
- rent;
- lease;
- transfer;
- monetize;
- bundle;
- package;
- license;
- commercialize;
- or distribute
Company Content to another person or company.
This applies whether Company Content is sold:
- separately;
- as part of another Course;
- as part of consulting;
- as part of an agency package;
- as part of a marketing package;
- as a bonus;
- as a free incentive;
- as a membership benefit;
- or as part of another product or service.
14. NO WHITE-LABELING
User may not remove Company identification from Company Content and represent that Company Content was:
- created by User;
- created by User's business;
- created by another company;
- proprietary to User;
- or available for resale.
Changing branding does not convert Company Content into User's property.
15. ADVERTISING CREATIVE RESTRICTIONS
Company may provide:
- advertisements;
- videos;
- graphics;
- advertising copy;
- headlines;
- offers;
- templates;
- landing pages;
- campaign structures;
- scripts;
- hooks;
- photographs;
- designs;
- or other marketing assets.
Unless expressly authorized otherwise, User may use those assets only for the authorized business associated with User's account.
User may not resell or provide those assets to another business.
This restriction applies even where User changes:
- colors;
- photographs;
- fonts;
- logos;
- telephone numbers;
- names;
- headlines;
- wording;
- geographic locations;
- offers;
- pricing;
- dimensions;
- calls to action;
- or other superficial elements.
16. NO AGENCY RESALE WITHOUT A SEPARATE LICENSE
A WaterCheatCode Course license does not authorize User to operate a consulting, advertising, marketing, training, or agency business using Company Content for other companies.
Without a separate written agency or reseller license, User may not use Company Content to:
- manage third-party businesses;
- sell marketing services;
- sell advertising packages;
- create campaigns for unrelated companies using Company templates;
- sell Company systems;
- provide Company templates to agency clients;
- or otherwise commercially exploit Company Content for third parties.
17. NO COMPETING COURSE OR TRAINING PRODUCT
User shall not use Company Content, nonpublic Company methods, or substantially reproduced Company materials to create, develop, operate, or assist with:
- a competing Course;
- online Course;
- training program;
- certification program;
- mastermind;
- coaching program;
- consulting program;
- seminar;
- workshop;
- webinar;
- paid community;
- membership;
- employee-training product offered to third parties;
- dealer-training system offered to third parties;
- franchise-training system;
- template library;
- prompt library;
- advertising library;
- marketing product;
- digital product;
- knowledge base;
- or similar commercial product.
18. INTERNAL IMPLEMENTATION IS PERMITTED
User may apply general knowledge, skills, principles, and experience personally learned through the Course within User's own authorized business.
This means User may take what User learns and independently implement concepts in User's business.
However, applying knowledge does not authorize User to reproduce Company Content.
For example, User may develop User's own sales practices based upon knowledge User has learned.
User may not give employees unauthorized copies of:
- Course videos;
- PDFs;
- templates;
- scripts;
- presentations;
- recordings;
- downloadable Company Content;
- or other protected materials.
19. ARTIFICIAL INTELLIGENCE RESTRICTIONS
Unless Company expressly provides written authorization, User may not upload, submit, transmit, disclose, reproduce, or expose Company Content to an artificial-intelligence or machine-learning system for the purpose of:
- training;
- fine-tuning;
- indexing;
- embedding;
- storing;
- retrieval;
- summarization;
- extraction;
- cloning;
- reproduction;
- competitive analysis;
- or creation of a replacement for Company Content.
This prohibition includes use with systems such as:
- ChatGPT;
- Claude;
- Gemini;
- Grok;
- Copilot;
- open-source language models;
- private language models;
- AI agents;
- knowledge-base systems;
- retrieval-augmented-generation systems;
- vector databases;
- machine-learning systems;
- and substantially similar technology.
User may not create an AI chatbot, assistant, knowledge base, training system, or automated product through which another person can retrieve or reproduce Company Content.
20. NO SCRAPING OR AUTOMATED EXTRACTION
User shall not use:
- scrapers;
- crawlers;
- bots;
- browser automation;
- automated downloading;
- automated screen capture;
- data-extraction software;
- indexing systems;
- bulk-download tools;
- or similar technologies
to extract Company Content.
21. NO REVERSE ENGINEERING
User may not:
- reverse engineer;
- decompile;
- disassemble;
- decode;
- probe;
- derive source code from;
- bypass;
- modify;
- or attempt to discover
Company software, proprietary technology, database structure, technical architecture, algorithms, authentication systems, or protected software functionality except where applicable law expressly provides a non-waivable right.
22. NO CIRCUMVENTION OF ACCESS CONTROLS
User may not circumvent or attempt to circumvent:
- password protection;
- access restrictions;
- digital-rights-management tools;
- watermarking;
- content restrictions;
- seat restrictions;
- download restrictions;
- account limitations;
- licensing controls;
- authentication;
- security measures;
- or other technical protections.
23. NO REMOVAL OF OWNERSHIP INFORMATION
User may not remove, modify, obscure, alter, or destroy:
- copyright notices;
- trademarks;
- logos;
- digital watermarks;
- visible watermarks;
- invisible watermarks;
- metadata;
- ownership notices;
- file identifiers;
- or other rights-management information.
24. TRADEMARKS AND BRANDING
WaterCheatCode, Aquonyx, associated logos, names, marks, slogans, designs, and branding are or may be proprietary trademarks or trade dress.
No trademark license is granted except where expressly provided in writing.
User may not use Company trademarks:
- in User's business name;
- as a domain name;
- in a social-media username;
- as an app name;
- in a Course title;
- as part of another product name;
- or in any manner suggesting sponsorship, affiliation, ownership, endorsement, or certification
without written authorization.
25. DOWNLOADABLE MATERIALS
A file being downloadable does not mean that the file may be redistributed.
Downloadable materials remain Company Content.
User may use authorized downloads for User's permitted internal business purposes.
User may not:
- resell them;
- upload them publicly;
- provide them to third-party businesses;
- add them to another Course;
- include them in another membership;
- distribute editable versions;
- or make the underlying source files available to another person.
26. DONE-FOR-YOU DELIVERABLES
Company may create custom or semi-custom materials for User.
Unless an Order expressly provides otherwise:
- Company retains ownership of all preexisting intellectual property;
- Company retains ownership of templates;
- Company retains ownership of systems;
- Company retains ownership of processes;
- Company retains ownership of frameworks;
- Company retains ownership of reusable components;
- Company retains ownership of proprietary methods;
- Company retains ownership of software and technology;
- User retains ownership of User's own trademarks and materials;
- after full payment, User receives a limited license to use final client-specific deliverables within User's business; and
- User may not resell or license the deliverables to unrelated businesses.
Company may reuse generalized, non-confidential:
- structures;
- concepts;
- layouts;
- processes;
- frameworks;
- systems;
- techniques;
- and non-identifying components
in services provided to other customers.
27. CONFIDENTIAL INFORMATION
Company may disclose nonpublic proprietary information through the Services.
Confidential Information may include:
- private coaching;
- unpublished Courses;
- unpublished strategies;
- internal methods;
- internal financial information;
- supplier information;
- vendor arrangements;
- unpublished research;
- marketing data;
- proprietary advertising strategies;
- private software information;
- internal systems;
- members-only content;
- pricing information;
- private community information;
- and information designated confidential.
User shall:
- protect Confidential Information;
- use it only for authorized purposes;
- not disclose it to unauthorized persons;
- promptly notify Company of unauthorized disclosure; and
- cease unauthorized use following termination.
Trade-secret obligations survive for as long as the information remains legally protected as a trade secret.
Other confidentiality obligations survive termination for five years unless a longer period applies under law or separate agreement.
28. WATERMARKING AND CONTENT SECURITY
Company may employ reasonable anti-piracy and content-security technology.
Such measures may include:
- visible watermarks;
- invisible watermarks;
- account identifiers;
- unique file identifiers;
- content fingerprints;
- metadata;
- download tracking;
- account-session tracking;
- playback tracking;
- unusual-login detection;
- and other reasonable protective technology.
User agrees not to interfere with these measures.
29. ACCESS AND SECURITY MONITORING
Subject to applicable law and Company's Privacy Policy, Company may maintain records relating to:
- account logins;
- IP addresses;
- devices;
- browsers;
- sessions;
- Course access;
- videos viewed;
- downloads;
- login attempts;
- unusual usage;
- account sharing;
- and security-related events.
These records may be used to:
- administer the Services;
- prevent fraud;
- investigate piracy;
- detect unauthorized access;
- enforce this Agreement;
- respond to payment disputes;
- and protect Company rights.
30. INVESTIGATION OF INTELLECTUAL PROPERTY MISUSE
If Company reasonably suspects a material intellectual-property violation, Company may:
- suspend User access;
- investigate account activity;
- preserve relevant account records;
- request information from User;
- issue takedown notices;
- contact hosting providers;
- contact social-media platforms;
- contact payment providers;
- contact marketplaces;
- contact search engines;
- seek legal relief;
- and take other lawful steps to stop unauthorized use.
Company is not granted unrestricted access to User's personal devices by this Section.
Device inspection requires User consent or lawful authority.
31. CERTIFICATION OF DELETION
Where Company has a reasonable basis to believe User improperly distributed Company Content, Company may request that User certify in writing:
- what materials were copied;
- what materials were distributed;
- who received them;
- where they were uploaded;
- whether additional copies exist;
- whether unauthorized copies have been deleted; and
- whether further distribution has ceased.
User shall reasonably cooperate in stopping continuing unauthorized distribution.
32. INTELLECTUAL PROPERTY BREACH IS MATERIAL
Unauthorized:
- copying;
- reproduction;
- recording;
- distribution;
- sharing;
- resale;
- white-labeling;
- sublicensing;
- account sharing;
- scraping;
- AI ingestion;
- competitive reproduction;
- circumvention;
- or unauthorized commercial use
constitutes a material breach of this Agreement.
An intentional intellectual-property violation does not require a cure period before Company may terminate access.
33. INTELLECTUAL PROPERTY REMEDIES
User acknowledges that unauthorized use or disclosure of Company Content may cause immediate and difficult-to-measure injury for which monetary damages alone may be inadequate.
Company may therefore pursue all remedies available under contract, statute, common law, or equity.
Those remedies may include, where legally available:
- immediate suspension;
- account termination;
- termination of licenses;
- cease-and-desist demands;
- content takedowns;
- preliminary injunctions;
- permanent injunctions;
- temporary restraining orders;
- preservation orders;
- actual damages;
- lost profits;
- disgorgement of profits attributable to infringement;
- unjust enrichment;
- reasonable royalties;
- statutory copyright damages;
- trademark remedies;
- trade-secret remedies;
- forensic expenses;
- investigation expenses;
- collection costs;
- court costs;
- arbitration expenses;
- and reasonable attorneys' fees.
Company's remedies are cumulative.
Exercising one remedy does not prevent Company from exercising another.
34. MODIFICATION OF COURSES
Company may:
- update;
- reorganize;
- replace;
- revise;
- add;
- remove;
- discontinue;
- or modify
Course Content, instructors, modules, resources, software features, and delivery methods.
Course Content may evolve over time.
Unless expressly guaranteed in an Order, User is not purchasing permanent access to any particular:
- instructor;
- video;
- lesson;
- module;
- feature;
- vendor;
- software integration;
- advertising tactic;
- or resource.
35. INFORMATION MAY BECOME OUTDATED
Business practices, advertising platforms, technology, laws, regulations, financing products, marketing practices, and software change over time.
Company does not warrant that every Course item will remain current indefinitely.
User is responsible for verifying information before relying upon it for material business decisions.
36. DONE-WITH-YOU SERVICES
Done-With-You Services may involve Company assisting User while User remains responsible for execution or implementation.
User acknowledges that successful implementation may depend upon User:
- supplying information;
- attending meetings;
- responding to requests;
- implementing recommendations;
- providing credentials;
- approving materials;
- following up with leads;
- training staff;
- maintaining technology;
- maintaining advertising budgets;
- and completing assigned work.
Failure by User to perform these responsibilities does not constitute breach by Company and does not create a refund right.
37. DONE-FOR-YOU SERVICES
Company may provide Done-For-You Services.
Specific deliverables may be identified in an Order.
Unless the Order expressly states otherwise, Company retains reasonable discretion over:
- strategy;
- sequencing;
- design;
- workflows;
- advertising structure;
- testing;
- targeting;
- creative variations;
- implementation methods;
- vendors;
- contractors;
- and technology used to provide the Services.
38. SUBCONTRACTORS
Company may use:
- employees;
- independent contractors;
- agencies;
- software providers;
- consultants;
- freelancers;
- AI tools;
- or other third parties
to perform portions of the Services.
Use of subcontractors does not create a contractual relationship between User and the subcontractor.
39. ADVERTISING MANAGEMENT AUTHORITY
If User purchases advertising-management or advertising-assistance Services, User authorizes Company and authorized contractors to access applicable accounts made available by User.
Subject to the applicable Order, Company may:
- create campaigns;
- modify campaigns;
- create advertisements;
- modify advertisements;
- adjust targeting;
- modify audiences;
- adjust budgets within agreed parameters;
- create landing pages;
- modify landing pages;
- install tracking;
- modify tracking;
- test copy;
- test creatives;
- pause campaigns;
- activate campaigns;
- create integrations;
- modify integrations;
- and take other reasonable actions necessary to provide the purchased Service.
40. ADVERTISING SPEND
Unless expressly included in the applicable Order, advertising spend is separate from Company fees.
User is responsible for:
- Meta advertising charges;
- Google advertising charges;
- Microsoft advertising charges;
- social-media advertising charges;
- CRM charges;
- email charges;
- SMS charges;
- telephone charges;
- hosting fees;
- domain fees;
- software fees;
- third-party subscriptions;
- and other third-party expenses.
Advertising platforms may spend more or less than a stated daily budget based upon their own billing systems.
Company does not guarantee exact daily pacing.
41. THIRD-PARTY PLATFORMS
Company does not own or control third-party platforms.
Examples include:
- Google;
- Meta;
- Facebook;
- Instagram;
- Microsoft;
- TikTok;
- Stripe;
- payment processors;
- CRMs;
- telephone providers;
- SMS providers;
- financing companies;
- website hosts;
- email providers;
- AI providers;
- software vendors;
- and other technology platforms.
Company is not responsible for:
- platform outages;
- account suspensions;
- account bans;
- advertising rejections;
- algorithm changes;
- pricing changes;
- policy changes;
- lost data;
- API failures;
- integration failures;
- tracking failures;
- service interruptions;
- inventory changes;
- audience changes;
- or other decisions by third parties.
42. USER RESPONSIBILITY FOR BUSINESS CLAIMS
User is responsible for the truthfulness and legality of statements concerning User's own business.
User represents that information supplied to Company concerning:
- product performance;
- pricing;
- discounts;
- promotions;
- warranties;
- certifications;
- water quality;
- contaminants;
- testing;
- health-related representations;
- equipment;
- installation;
- financing;
- savings;
- testimonials;
- licenses;
- credentials;
- service availability;
- and other business claims
is accurate, substantiated where required, and lawful.
Company may rely upon information provided by User.
43. USER RESPONSIBILITY FOR LEGAL COMPLIANCE
User is responsible for laws and regulations applicable to User's own business and marketing practices.
This may include requirements relating to:
- advertising;
- consumer protection;
- water treatment;
- contractor licensing;
- professional licensing;
- privacy;
- lead generation;
- telephone solicitation;
- telemarketing;
- prerecorded messages;
- artificial voices;
- telephone calls;
- SMS messages;
- email;
- do-not-call requirements;
- customer consent;
- testimonials;
- reviews;
- financing;
- lending disclosures;
- promotional offers;
- and product representations.
User shall not direct Company to engage in conduct User knows is unlawful.
Company may refuse or discontinue an activity Company reasonably believes creates unacceptable legal, regulatory, platform, or reputational risk.
44. USER MATERIALS
User represents and warrants that User possesses sufficient legal rights to User Materials.
User grants Company a worldwide, non-exclusive, royalty-free license to:
- host;
- copy;
- modify;
- reproduce;
- transmit;
- process;
- display;
- and use
User Materials as reasonably necessary to provide and administer the Services.
User shall not provide Company with material that unlawfully infringes:
- copyrights;
- trademarks;
- privacy rights;
- publicity rights;
- contractual rights;
- or other third-party rights.
45. CUSTOMER AND LEAD DATA
Where User supplies customer or lead information, User represents that User possesses a lawful basis to provide and use that information.
User is responsible for obtaining legally required:
- consent;
- authorization;
- notices;
- disclosures;
- permissions;
- and opt-ins
relating to User's customers and leads.
Company may process such information as reasonably necessary to provide the Services and as described in applicable privacy documentation.
46. NO EXCLUSIVITY
Unless Company expressly signs a written exclusivity agreement, User receives no:
- geographic exclusivity;
- market exclusivity;
- advertising exclusivity;
- customer exclusivity;
- dealer exclusivity;
- lead exclusivity;
- territory protection;
- or industry exclusivity.
Company may:
- train competitors;
- sell Courses to competitors;
- manage competitors' advertising;
- provide similar strategies to competitors;
- provide similar templates to competitors;
- and provide similar Services to competitors.
47. NO GUARANTEE OF RESULTS
COMPANY MAKES ABSOLUTELY NO GUARANTEE OF BUSINESS RESULTS.
Company does not promise or guarantee:
- leads;
- a minimum number of leads;
- lead quality;
- appointments;
- appointment-show rates;
- sales;
- closing percentages;
- customers;
- financing approvals;
- merchant approvals;
- revenue;
- profit;
- earnings;
- return on investment;
- return on advertising spend;
- cost per lead;
- cost per acquisition;
- advertising approval;
- account approval;
- customer retention;
- rankings;
- website traffic;
- market share;
- business growth;
- dealer recruitment;
- sales growth;
- or profitability.
48. BUSINESS RESULTS DEPEND ON USER
Business performance depends on numerous circumstances outside Company's control.
Those circumstances may include:
- User's sales ability;
- User's employees;
- User's follow-up;
- User's response time;
- lead handling;
- pricing;
- competition;
- financing;
- reputation;
- installation;
- customer service;
- geography;
- market demand;
- economic conditions;
- advertising costs;
- platform changes;
- User's products;
- User's warranties;
- User's implementation;
- User's budget;
- and User's decisions.
User assumes those risks.
49. TESTIMONIALS AND CASE STUDIES
Testimonials, examples, earnings examples, sales results, advertising results, case studies, and other statements concerning another customer's experience are illustrations only.
They do not constitute a promise or guarantee that User will receive the same or similar results.
Individual results vary.
50. EDUCATIONAL INFORMATION ONLY
Unless expressly agreed in a separate written professional engagement, Company does not provide:
- legal advice;
- accounting advice;
- tax advice;
- investment advice;
- engineering advice;
- medical advice;
- regulatory opinions;
- licensing opinions;
- or other licensed professional advice.
User should consult appropriate professionals concerning matters requiring professional advice.
51. ARTIFICIAL-INTELLIGENCE-ASSISTED SERVICES
Company may use artificial intelligence, automation, software, contractors, and third-party tools in providing Services.
AI-generated or AI-assisted output may be:
- incomplete;
- nonunique;
- outdated;
- inaccurate;
- or inappropriate in particular circumstances.
User is responsible for reviewing material before publication or reliance.
Company does not guarantee that AI-assisted content is unique.
52. PAYMENT AUTHORIZATION
By submitting payment information, User:
- represents that User is authorized to use the payment method;
- authorizes Company and its processors to charge amounts disclosed at checkout or otherwise agreed;
- authorizes applicable recurring charges where User purchases a recurring Service;
- agrees to maintain valid payment information; and
- agrees to pay applicable taxes and fees.
53. RECURRING SUBSCRIPTIONS
Certain Services are sold as recurring subscriptions.
The applicable checkout or Order will identify material billing information, including as applicable:
- price;
- billing interval;
- renewal structure;
- and cancellation method.
By purchasing a recurring subscription, User authorizes Company or its payment processor to automatically charge the payment method on file at each renewal until cancellation becomes effective.
54. AUTOMATIC RENEWAL
Unless otherwise disclosed, subscriptions automatically renew for successive periods equal to the original billing interval.
Examples may include:
- monthly subscriptions renewing monthly;
- quarterly subscriptions renewing quarterly; or
- annual subscriptions renewing annually.
User remains responsible for subscription charges until cancellation is effective.
55. SUBSCRIPTION CANCELLATION
User may cancel future renewal using the cancellation method designated by Company.
Cancellation must occur before the next renewal charge is processed to stop that renewal.
Cancellation prevents future charges after cancellation becomes effective.
CANCELLATION DOES NOT CREATE A REFUND FOR ANY AMOUNT ALREADY CHARGED.
56. PRICE CHANGES
Company may change subscription pricing for future renewal periods.
Company will provide notice or obtain additional consent where legally required.
If User continues the subscription after a properly disclosed price change becomes effective, User authorizes billing at the new price.
57. ALL SALES ARE FINAL
NO REFUNDS
ALL SALES ARE FINAL.
Except only where a refund is expressly required by applicable law:
AQUONYX LLC AND WATERCHEATCODE DO NOT PROVIDE REFUNDS OF ANY KIND.
There are:
- no refunds;
- no partial refunds;
- no prorated refunds;
- no credits;
- no exchanges;
- no retroactive discounts;
- no reimbursement;
- and no cancellation of charges already properly incurred.
This policy applies to EVERY PURCHASE, including:
- Courses;
- upgraded Courses;
- digital products;
- downloadable materials;
- templates;
- advertising creatives;
- scripts;
- memberships;
- subscriptions;
- recurring subscriptions;
- coaching;
- consulting;
- Done-With-You Services;
- Done-For-You Services;
- advertising assistance;
- advertising management;
- campaign setup;
- onboarding;
- creative production;
- software;
- account setup;
- marketing services;
- service retainers;
- implementation work;
- and all other paid Services.
58. NO REFUND FOR NON-USE
User is not entitled to a refund because User:
- failed to log in;
- failed to watch the Course;
- failed to finish the Course;
- failed to download available content;
- failed to attend a meeting;
- failed to attend coaching;
- failed to use purchased Services;
- failed to implement recommendations;
- failed to provide required information;
- failed to respond to Company;
- changed User's mind;
- changed businesses;
- closed User's business;
- changed industries;
- no longer wants the Service;
- forgot about the purchase;
- or otherwise did not use what User purchased.
Payment may compensate Company for access, intellectual-property licensing, availability, reserved capacity, labor, technology, preparation, and other resources whether or not User chooses to utilize them.
59. NO REFUND BASED UPON RESULTS
User is not entitled to a refund because User:
- did not receive enough leads;
- did not like lead quality;
- did not make sales;
- did not make enough sales;
- did not earn expected revenue;
- did not earn profit;
- did not achieve anticipated return on investment;
- experienced increased advertising costs;
- experienced high cost per lead;
- experienced high customer-acquisition costs;
- experienced account suspension;
- experienced advertising rejection;
- did not obtain financing approvals;
- did not obtain merchant approvals;
- disagreed with a strategy;
- disagreed with advice;
- experienced poor market conditions;
- or was otherwise dissatisfied with User's business results.
COMPANY DOES NOT GUARANTEE SUCCESS.
60. DIGITAL PRODUCTS ARE NONRETURNABLE
User acknowledges that digital products may be immediately accessible and may contain valuable proprietary intellectual property.
Digital information cannot meaningfully be “returned” after access has been granted.
Therefore:
ALL DIGITAL PRODUCT AND COURSE PURCHASES ARE FINAL IMMEDIATELY UPON PURCHASE.
Accessing only part of a Course does not create a refund right.
Downloading only one file does not create a refund right.
61. DONE-FOR-YOU AND DONE-WITH-YOU PAYMENTS ARE NONREFUNDABLE
All payments associated with Done-For-You and Done-With-You Services are nonrefundable.
This includes payments associated with:
- planning;
- reserved capacity;
- research;
- meetings;
- campaign preparation;
- account audits;
- setup;
- copywriting;
- creative development;
- strategy;
- funnel development;
- technical configuration;
- integration;
- contractor time;
- employee time;
- advertising preparation;
- implementation;
- and work performed prior to launch.
Company may perform substantial work before User sees a final deliverable.
User's later decision not to proceed does not create a refund right.
62. SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE
Every properly authorized subscription charge is fully earned and nonrefundable when charged.
Cancellation affects future renewal only.
Cancellation does not create:
- a prorated refund;
- a partial refund;
- credit for unused time;
- a refund for unused days;
- a refund for unused months;
- or a refund for prior billing periods.
If User purchases an annual subscription and cancels after the annual charge, the annual charge remains nonrefundable.
63. TERMINATION FOR BREACH DOES NOT CREATE REFUND RIGHTS
If Company suspends or terminates User because User violated this Agreement, User is not entitled to a refund for amounts previously paid.
This specifically includes termination for:
- account sharing;
- piracy;
- intellectual-property violations;
- scraping;
- unauthorized resale;
- security violations;
- fraudulent conduct;
- improper chargebacks;
- or other material breach.
64. EXPRESS REFUND ACKNOWLEDGMENT
By completing a purchase, User expressly acknowledges and agrees:
“I UNDERSTAND THAT ALL SALES ARE FINAL. I AM NOT ENTITLED TO A REFUND, PARTIAL REFUND, PRORATED REFUND, CREDIT, OR EXCHANGE EXCEPT WHERE APPLICABLE LAW EXPRESSLY REQUIRES OTHERWISE.”
65. COVENANT AGAINST IMPROPER CHARGEBACKS
User agrees not to use:
- a chargeback;
- payment reversal;
- ACH reversal;
- credit-card dispute;
- debit-card dispute;
- PayPal dispute;
- Stripe dispute;
- bank dispute;
- or other payment-dispute process
as a substitute for Company's no-refund policy.
Except concerning an actually unauthorized transaction or another right that applicable law does not permit User to waive, User agrees not to initiate or assist in initiating a chargeback or payment reversal concerning a valid, properly authorized contractual charge.
66. THESE ARE NOT VALID CONTRACTUAL GROUNDS FOR A CHARGEBACK
User expressly agrees that the following do not create a contractual right to reverse an otherwise valid authorized payment:
- buyer's remorse;
- dissatisfaction;
- failure to use the Course;
- failure to finish the Course;
- failure to implement Course Content;
- failure to obtain leads;
- dissatisfaction with lead quality;
- failure to make sales;
- failure to achieve expected results;
- poor advertising performance;
- account suspension by a third-party platform;
- advertising rejection;
- failure to obtain financing;
- failure to earn profit;
- forgetting about a subscription;
- forgetting to cancel;
- canceling after renewal;
- failure to read this Agreement;
- failure to remember a purchase;
- disagreement with the no-refund policy;
- business closure;
- financial hardship;
- disagreement with Company strategy;
- dissatisfaction with Company advice;
- or any other condition this Agreement expressly identifies as nonrefundable.
67. BILLING QUESTIONS MUST FIRST BE PRESENTED TO COMPANY
Before initiating a payment dispute concerning a transaction User believes was billed incorrectly, User agrees to provide Company a reasonable opportunity to investigate the billing concern.
This requirement does not prohibit User from exercising a legal right that applicable law does not permit User to waive, including rights relating to an actually unauthorized transaction.
68. IMPROPER CHARGEBACK IS A MATERIAL BREACH
A chargeback or payment reversal initiated in violation of this Agreement constitutes a material breach.
Company may immediately:
- suspend User's account;
- terminate User's account;
- disable Course access;
- terminate subscription access;
- terminate community access;
- stop advertising-management Services;
- stop Done-With-You Services;
- stop Done-For-You Services;
- terminate applicable Company Content licenses;
- disable downloads;
- cancel pending work;
- refuse future business;
- suspend other accounts associated with User or User's business;
- and exercise other remedies available under this Agreement or law.
69. A CHARGEBACK DOES NOT AUTOMATICALLY CANCEL THE CONTRACTUAL DEBT
A provisional or final payment credit issued by a:
- card issuer;
- bank;
- payment processor;
- payment network;
- or financial institution
does not by itself constitute a judicial or arbitral determination that the underlying contractual debt was not owed.
To the maximum extent permitted by law, an amount improperly reversed in breach of this Agreement remains due and owing to Company.
Company may pursue collection notwithstanding a payment processor's allocation of funds through its internal dispute process.
70. CHARGEBACK COSTS
To the maximum extent permitted by law, User shall reimburse Company for reasonable costs caused by an improper payment reversal, including:
- processor fees;
- chargeback fees;
- bank fees;
- administrative expenses;
- investigation expenses;
- collection expenses;
- reasonable attorneys' fees;
- arbitration expenses;
- court costs;
- and reasonable enforcement expenses.
These amounts may be recovered in addition to the original unpaid balance.
71. COLLECTION OF UNPAID BALANCES
Company may lawfully pursue unpaid balances through:
- direct collection;
- collection agencies;
- attorneys;
- arbitration;
- litigation where permitted;
- or other legal collection channels.
For business accounts, unpaid amounts may accrue interest at the lesser of:
1.5% per month; or
the maximum amount permitted by applicable law.
72. CHARGEBACK EVIDENCE
User authorizes Company to provide records reasonably relevant to a payment dispute to the applicable:
- payment processor;
- bank;
- card issuer;
- acquiring bank;
- payment network;
- financial institution;
- dispute-resolution provider;
- attorney;
- collection provider;
- arbitrator;
- or court.
Such information may include:
- User name;
- business name;
- email address;
- account identifier;
- payment records;
- invoice;
- Order;
- transaction records;
- login history;
- Course access history;
- download history;
- video-view history;
- IP-address logs;
- device information;
- browser information;
- communications;
- support requests;
- subscription records;
- cancellation records;
- electronic acceptance records;
- Agreement version;
- timestamp of acceptance;
- checkout disclosures;
- and other evidence relating to authorization, access, delivery, or performance.
73. CHARGEBACK MAY TERMINATE THE LICENSE
Where a license to Company Content is conditioned upon payment, reversal of the required payment may cause the license to terminate.
If payment is improperly reversed and the applicable license terminates, User shall cease using restricted Company Content.
User may not intentionally:
- obtain Company Content;
- retain the economic benefit of that Company Content;
- reverse payment in violation of this Agreement; and
- continue using Company Content after the license terminates.
Continued unauthorized use may constitute breach of contract and may also implicate Company's intellectual-property rights.
74. NO SETOFF
Except where a right of setoff cannot legally be waived, User may not:
- offset;
- deduct;
- withhold;
- reduce;
- or retain
amounts owed to Company based upon an alleged separate claim against Company unless Company expressly agrees in writing.
75. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND COMPANY CONTENT ARE PROVIDED:
“AS IS” AND “AS AVAILABLE.”
COMPANY DISCLAIMS ALL WARRANTIES, WHETHER:
- EXPRESS;
- IMPLIED;
- STATUTORY;
- OR OTHERWISE,
INCLUDING WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- NON-INFRINGEMENT;
- ACCURACY;
- COMPLETENESS;
- RESULTS;
- PROFITABILITY;
- BUSINESS SUCCESS;
- AVAILABILITY;
- SECURITY;
- COMPATIBILITY;
- OR ERROR-FREE OPERATION.
76. ASSUMPTION OF BUSINESS RISK
User acknowledges that owning, operating, marketing, and growing a business involves substantial risk.
User voluntarily assumes risks associated with:
- advertising;
- marketing;
- hiring;
- sales;
- lead generation;
- equipment;
- financing;
- merchant processing;
- technology;
- software;
- customer service;
- business expansion;
- competition;
- compliance;
- and implementation of Course strategies.
User remains solely responsible for User's business decisions.
77. RELEASE AND HOLD HARMLESS
To the maximum extent permitted by applicable law, User releases and agrees to hold harmless:
- Aquonyx LLC;
- WaterCheatCode;
- Company's affiliates;
- subsidiaries;
- related entities;
- brands;
- members;
- owners;
- managers;
- officers;
- directors;
- employees;
- instructors;
- contractors;
- agents;
- consultants;
- licensors;
- service providers;
- successors;
- and assigns,
collectively the “Released Parties,”
from claims, losses, liabilities, damages, costs, and expenses arising from or relating to:
- User's business decisions;
- User's implementation;
- business results;
- advertising results;
- marketing performance;
- sales performance;
- third-party platforms;
- customer conduct;
- market conditions;
- business failure;
- financial loss;
- reliance upon educational information;
- or risks expressly assumed under this Agreement.
This release does not apply to liability that applicable law expressly prohibits a party from waiving.
78. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR:
- INDIRECT DAMAGES;
- INCIDENTAL DAMAGES;
- SPECIAL DAMAGES;
- EXEMPLARY DAMAGES;
- PUNITIVE DAMAGES;
- CONSEQUENTIAL DAMAGES;
- LOST PROFITS;
- LOST REVENUE;
- LOST BUSINESS;
- LOST CUSTOMERS;
- LOST LEADS;
- LOST DATA;
- LOST OPPORTUNITY;
- LOSS OF GOODWILL;
- BUSINESS INTERRUPTION;
- CUSTOMER REFUNDS;
- ADVERTISING EXPENSES;
- SOFTWARE EXPENSES;
- THIRD-PARTY FEES;
- FINANCING LOSSES;
- OR COSTS OF SUBSTITUTE SERVICES.
This limitation applies regardless of legal theory and even where Company was advised of the possibility of such damages.
79. MAXIMUM AGGREGATE LIABILITY
To the maximum extent permitted by applicable law, Company's aggregate liability arising from or related to a paid Service shall not exceed the amount User actually paid Company for the specific Service giving rise to the claim during the three months immediately preceding the event giving rise to the claim.
For a free Service, Company's maximum aggregate liability shall not exceed $100.00.
Where applicable law prohibits a particular limitation, the limitation shall apply to the maximum extent legally permitted.
80. USER INDEMNIFICATION
User shall defend, indemnify, and hold harmless the Released Parties from and against claims, demands, proceedings, investigations, losses, damages, liabilities, settlements, judgments, fines, penalties, costs, and reasonable attorneys' fees arising from or relating to:
- User's breach of this Agreement;
- User's business;
- User's products;
- User's services;
- claims by User's customers;
- User's advertising;
- User's marketing;
- User's business representations;
- User Materials;
- intellectual-property infringement by User;
- unauthorized use of Company Content;
- unauthorized distribution of Company Content;
- User's telemarketing;
- User's telephone calls;
- User's prerecorded calls;
- User's artificial-voice calls;
- User's SMS messages;
- User's emails;
- User's privacy practices;
- User's customer data;
- User's lead data;
- User's regulatory violations;
- User's licensing violations;
- User's financing practices;
- User's product claims;
- User's employees;
- User's contractors;
- User's Authorized Users; or
- User's violation of applicable law.
Company may assume control over the defense of a matter subject to indemnification.
User may not settle a claim that imposes liability, admission, obligation, or restriction upon a Released Party without Company's prior written consent.
81. SUSPENSION
Company may immediately suspend access where Company reasonably believes:
- payment is delinquent;
- an account is being shared;
- intellectual property is being misused;
- User is scraping Company systems;
- User is threatening security;
- User initiated an improper chargeback;
- User violated law;
- User created material risk for Company;
- or User materially breached this Agreement.
Suspension does not create a refund right.
82. TERMINATION
Company may terminate User's account or access for material breach.
Following termination:
- restricted access ends;
- licenses may terminate;
- unauthorized use must cease;
- unpaid amounts remain payable;
- confidentiality obligations survive;
- intellectual-property obligations survive;
- indemnification obligations survive;
- dispute-resolution provisions survive;
- and all provisions that logically should survive remain enforceable.
83. COMPANY DISCRETION TO REFUSE SERVICE
Subject to applicable law, Company may refuse future business or access to Services where Company determines that continued business presents:
- fraud risk;
- payment risk;
- security risk;
- intellectual-property risk;
- regulatory risk;
- reputational risk;
- harassment risk;
- or operational risk.
84. USER-GENERATED CONTENT
Where WaterCheatCode provides:
- communities;
- comments;
- discussion areas;
- groups;
- live calls;
- coaching areas;
- or other interactive features,
User is responsible for content User submits.
User shall not submit:
- unlawful content;
- infringing content;
- deceptive advertising;
- malicious code;
- spam;
- confidential third-party information;
- harassment;
- threats;
- or information User lacks authority to disclose.
Company may moderate or remove content.
85. COMMUNITY INFORMATION IS NOT NECESSARILY CONFIDENTIAL
User should not disclose confidential information in any community area accessible to other users.
Unless expressly stated otherwise, Company does not promise that information voluntarily posted to a user community will remain confidential from other authorized community participants.
86. FEEDBACK
If User provides:
- suggestions;
- feature ideas;
- recommendations;
- improvements;
- concepts;
- comments;
- or feedback
regarding Company or the Services, Company may use that feedback without restriction or compensation.
To the extent ownership rights arise in feedback, User assigns those rights to Company to the maximum extent permitted by law.
87. TESTIMONIALS PROVIDED BY USER
If User voluntarily provides Company with a testimonial, case study, review, photograph, video testimonial, success story, or similar promotional material and authorizes its promotional use, User grants Company the rights described in the applicable authorization.
Company will not fabricate User endorsements.
88. LIVE SESSION RECORDINGS
Certain:
- coaching sessions;
- webinars;
- group meetings;
- demonstrations;
- training sessions;
- or live events
may be recorded.
Company will provide notice or obtain consent where required by applicable law.
By remaining in a session after receiving legally sufficient recording notice, User consents to recording to the extent permitted by applicable law.
89. PRIVACY POLICY
Company's collection, use, and handling of personal information are also governed by the applicable WaterCheatCode Privacy Policy.
The Privacy Policy is incorporated into this Agreement by reference.
90. ELECTRONIC COMMUNICATIONS
User consents to receive transactional electronic communications relating to:
- account activity;
- purchases;
- subscription billing;
- security;
- service changes;
- policy notices;
- invoices;
- disputes;
- and legally required notices where electronic delivery is permitted.
Marketing communications remain subject to applicable law and any legally required separate consent.
91. ELECTRONIC SIGNATURE
User agrees to conduct transactions electronically.
User agrees that any of the following may constitute User's electronic signature and manifestation of assent:
- checking a box;
- clicking “I Agree”;
- clicking an acceptance button;
- electronically signing;
- submitting an Order after being presented with these Terms;
- or another electronic acceptance mechanism clearly designated by Company.
To the maximum extent permitted by law, electronic acceptance has the same force and effect as a handwritten signature.
92. AGREEMENT VERSIONING
Each version of this Agreement may contain:
- an effective date;
- version number;
- revision date;
- or other version identifier.
Company may retain historical versions.
A new version does not overwrite the historical version that User previously accepted.
93. ACCOUNT-LEVEL ACCEPTANCE RECORD
Company may create and maintain an electronic acceptance record associated with User's account.
The record may include:
- acceptance ID;
- User ID;
- account ID;
- legal name;
- account name;
- company name;
- email address;
- telephone number where applicable;
- Agreement version;
- effective date;
- acceptance date;
- acceptance time;
- UTC timestamp;
- time zone;
- IP address;
- user-agent information;
- device information;
- browser information;
- session identifier;
- acceptance method;
- URL where acceptance occurred;
- exact acceptance language shown to User;
- Order number;
- product;
- Course;
- subscription;
- transaction reference;
- renewal information;
- cancellation information;
- digital document fingerprint;
- cryptographic hash;
- and subsequent reacceptance history.
94. ADMINISTRATIVE ACCESS TO ACCEPTANCE RECORDS
Company may maintain acceptance records within internal administrative systems accessible to authorized administrators and Super Administrators.
The acceptance record may be tied directly to User's account.
Authorized Company personnel may use those records for:
- contract administration;
- compliance;
- account support;
- audit;
- security;
- fraud prevention;
- payment disputes;
- chargeback responses;
- litigation;
- arbitration;
- intellectual-property enforcement;
- and other legitimate business or legal purposes.
95. RETENTION OF THE EXACT AGREEMENT ACCEPTED
Company may retain an exact reproducible copy of the version of this Agreement presented to User at the time of acceptance.
Company may use methods including:
- archived HTML;
- PDF snapshots;
- database records;
- version-controlled files;
- document fingerprints;
- and cryptographic hashes.
Historical agreement versions should not be overwritten solely because Company later updates its Terms.
96. ACCEPTANCE RECORDS AS EVIDENCE
To the maximum extent permitted by applicable law, Company's properly maintained electronic records may be presented as evidence of:
- User's assent;
- transaction authorization;
- Course access;
- content delivery;
- downloads;
- subscription authorization;
- cancellation;
- billing;
- and other account activity.
Nothing in this provision prevents User from presenting legally admissible contrary evidence.
97. REACCEPTANCE OF MATERIAL CHANGES
Company may require User to affirmatively accept a revised Agreement before:
- logging in;
- accessing restricted content;
- making another purchase;
- renewing certain Services;
- or continuing to use material features.
Company may maintain separate acceptance records for every accepted version.
98. CHANGES TO THIS AGREEMENT
Company may modify this Agreement prospectively.
For material changes, Company may provide notice through:
- the Website;
- User's dashboard;
- email;
- account notification;
- or an affirmative reacceptance process.
Where legally required, Company will obtain additional consent before material changes become binding.
99. THIRD-PARTY SERVICES
Company may link to or integrate with third-party products and services.
Use of third-party products may be subject to separate third-party terms.
Company does not control and is not responsible for third-party:
- terms;
- privacy practices;
- security;
- availability;
- pricing;
- performance;
- or continued operation.
100. NO PARTNERSHIP OR JOINT VENTURE
This Agreement does not create:
- a partnership;
- joint venture;
- fiduciary relationship;
- franchise;
- distributorship;
- employment relationship;
- agency;
- or authority for User to bind Company.
101. NO FIDUCIARY DUTY
Company is not User's fiduciary.
Company does not assume fiduciary duties concerning:
- User's business;
- advertising budget;
- profitability;
- finances;
- customers;
- leads;
- investments;
- or business decisions.
102. FORCE MAJEURE
Company shall not be liable for delay, interruption, or nonperformance caused by circumstances beyond Company's reasonable control.
Such circumstances may include:
- internet outages;
- telecommunications outages;
- power outages;
- cyberattacks;
- platform outages;
- cloud-provider failures;
- labor disputes;
- fires;
- floods;
- hurricanes;
- severe weather;
- natural disasters;
- epidemics;
- pandemics;
- war;
- terrorism;
- civil unrest;
- governmental orders;
- legal changes;
- regulatory changes;
- third-party vendor failures;
- API failures;
- advertising-platform changes;
- and infrastructure failures.
103. INFORMAL DISPUTE NOTICE
Before commencing arbitration or permitted litigation, the complaining party shall provide written notice describing:
- the nature of the dispute;
- relevant facts;
- requested relief; and
- contact information.
The parties shall attempt in good faith to resolve the dispute for at least thirty days after receipt of notice.
This requirement does not prevent Company from seeking immediate equitable relief where reasonably necessary to stop intellectual-property infringement, security threats, or disclosure of Confidential Information.
104. BINDING INDIVIDUAL ARBITRATION
Except for matters expressly excluded below, any dispute, claim, or controversy arising out of or relating to:
- this Agreement;
- formation;
- interpretation;
- enforceability;
- breach;
- the Services;
- Company Content;
- purchases;
- subscriptions;
- advertising;
- payments;
- refunds;
- chargebacks;
- termination;
- representations;
- or the relationship between User and Company
shall be resolved by final and binding individual arbitration.
The Federal Arbitration Act governs this arbitration provision.
105. ARBITRATION ADMINISTRATION
Arbitration shall be administered by the American Arbitration Association unless the parties agree otherwise.
Where legally applicable:
- AAA Consumer Arbitration Rules shall apply where required; and
- otherwise the appropriate AAA commercial rules shall apply.
The arbitration shall be heard by one arbitrator.
106. REMOTE ARBITRATION
Arbitration may be conducted remotely through:
- videoconference;
- telephone;
- written submissions;
- or another reasonable remote procedure
unless the arbitrator determines an in-person proceeding is necessary.
Unless law or applicable arbitration rules require otherwise, an in-person proceeding shall occur in Richland County, South Carolina.
107. ARBITRATOR AUTHORITY
The arbitrator may award relief available under applicable law and this Agreement, but only for the individual claimant and only to the extent necessary to resolve that individual's claim.
Judgment upon an arbitration award may be entered in any court possessing jurisdiction.
108. CLASS-ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, USER AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS.
NEITHER PARTY MAY BRING OR PARTICIPATE IN A:
- CLASS ACTION;
- CLASS ARBITRATION;
- COLLECTIVE ACTION;
- REPRESENTATIVE ACTION;
- CONSOLIDATED ACTION ON BEHALF OF UNRELATED PARTIES;
- OR SIMILAR PROCEEDING.
109. NO CONSOLIDATION OF UNRELATED CLAIMS
The arbitrator may not consolidate claims of unrelated WaterCheatCode users without written consent of all parties whose claims would be consolidated, except where applicable law expressly requires otherwise.
110. JURY-TRIAL WAIVER
FOR ANY DISPUTE THAT IS PROPERLY PERMITTED TO PROCEED IN COURT:
USER AND COMPANY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
111. SMALL CLAIMS COURT
Either party may bring an individual claim in small-claims court if:
- the claim qualifies;
- the court has jurisdiction;
- and the matter remains individual.
112. INTELLECTUAL PROPERTY INJUNCTIONS
Notwithstanding arbitration requirements, Company may seek temporary, preliminary, permanent, or emergency equitable relief in a court of competent jurisdiction to prevent or stop:
- copyright infringement;
- trademark infringement;
- trade-secret misappropriation;
- scraping;
- account theft;
- unauthorized access;
- unauthorized distribution;
- unauthorized resale;
- circumvention;
- or disclosure of Confidential Information.
Seeking equitable relief does not waive arbitration of remaining arbitrable claims.
113. GOVERNING LAW
Except where superseded by applicable federal law, this Agreement shall be governed by the laws of the State of South Carolina, without regard to conflict-of-laws principles.
114. COURT VENUE
For disputes properly permitted to proceed in court rather than arbitration, the parties consent to the jurisdiction of the applicable state or federal courts located in or serving Richland County, South Carolina, unless applicable law requires otherwise.
115. CONTRACTUAL LIMITATION PERIOD
To the maximum extent permitted by law, any claim by User arising from or relating to this Agreement or the Services must be commenced within one year after the claim accrued.
Any claim not commenced within that period is permanently barred to the extent legally permitted.
If applicable law requires a longer non-waivable period, the legally required period shall apply.
116. ASSIGNMENT BY USER
User may not:
- assign;
- sublicense;
- delegate;
- sell;
- transfer;
- or otherwise convey
this Agreement, User's account, Course access, or rights under this Agreement without Company's prior written consent.
An unauthorized assignment is void to the maximum extent permitted by law.
117. ASSIGNMENT BY COMPANY
Company may assign this Agreement, in whole or part, to:
- an affiliate;
- successor;
- purchaser;
- acquiring company;
- financing party;
- reorganized entity;
- or another entity acquiring all or substantially all of the relevant business or assets.
User consents to such assignment.
118. NO WAIVER
Company's failure to enforce a provision on one occasion does not waive Company's right to enforce that provision later.
A waiver must be expressly made in writing by an authorized Company representative.
119. SEVERABILITY
If a provision of this Agreement is found invalid or unenforceable, the remaining provisions remain effective.
The invalid or unenforceable provision shall, where legally permitted, be enforced to the maximum lawful extent.
120. REFORMATION
Where legally permitted, a court or arbitrator may modify an unenforceable provision only to the minimum degree reasonably necessary to make it enforceable while preserving its intended commercial purpose.
121. ENTIRE AGREEMENT
This Agreement, applicable Orders, and policies expressly incorporated by reference constitute the entire agreement between User and Company concerning the applicable Services.
User acknowledges that User has not relied upon oral statements inconsistent with the written agreement.
122. NO ORAL MODIFICATION
No:
- salesperson;
- employee;
- contractor;
- coach;
- instructor;
- consultant;
- affiliate;
- or other representative
may orally modify this Agreement.
Any Company modification specific to User must be in a writing authorized by Company.
123. ORDER OF PRECEDENCE
If applicable documents conflict, the following priority applies:
- a separately signed written agreement expressly modifying this Agreement;
- a specific Order or statement of work;
- this Agreement;
- incorporated policies.
However, an Order shall not override provisions concerning:
- intellectual property;
- confidentiality;
- prohibited use;
- no refunds;
- chargebacks;
- warranty disclaimers;
- limitation of liability;
- indemnification;
- electronic acceptance;
- or dispute resolution
unless the Order specifically identifies the affected provision and expressly states that the provision is being modified.
124. NO RELIANCE ON OUTSIDE STATEMENTS
User acknowledges that User is not relying upon a statement, promise, projection, representation, guarantee, or assurance not contained in the applicable written agreement.
This includes alleged promises concerning:
- number of leads;
- revenue;
- earnings;
- profitability;
- sales;
- financing;
- advertising performance;
- return on investment;
- market exclusivity;
- territory exclusivity;
- or business results.
125. THIRD-PARTY BENEFICIARIES
The Released Parties are intended third-party beneficiaries of provisions protecting them, including:
- releases;
- limitations of liability;
- indemnification;
- confidentiality;
- intellectual-property protections;
- and dispute-resolution protections.
Except for those persons, no other person is intended as a third-party beneficiary.
126. INTERPRETATION
Headings are for convenience and do not limit substantive provisions.
“Include” and “including” mean “including without limitation.”
Singular terms include plural terms where appropriate.
To the extent legally permitted, no provision shall automatically be interpreted against a party solely because that party drafted the provision.
127. NOTICES
Company may provide notices to User through:
- User's registered email;
- User's account;
- Website notice;
- electronic notification;
- or another reasonable method.
Legal notices to Company shall be sent through the legal contact method identified by Company on WaterCheatCode.com unless Company designates another address or method.
128. SURVIVAL
The following provisions survive cancellation, expiration, account closure, or termination:
- intellectual-property ownership;
- use restrictions;
- confidentiality;
- payment obligations;
- no-refund provisions;
- chargeback obligations;
- collections;
- warranty disclaimers;
- assumption of risk;
- releases;
- limitation of liability;
- indemnification;
- enforcement remedies;
- electronic records;
- arbitration;
- class-action waiver;
- jury waiver;
- governing law;
- and any other provision that by its nature should survive.
129. COMPLETE USER ACKNOWLEDGMENT
BY ACCEPTING THIS AGREEMENT, USER EXPRESSLY ACKNOWLEDGES THAT USER:
- HAS BEEN PROVIDED AN OPPORTUNITY TO READ THE AGREEMENT;
- UNDERSTANDS THAT THE AGREEMENT IS LEGALLY BINDING;
- UNDERSTANDS THAT COMPANY RETAINS OWNERSHIP OF COMPANY CONTENT;
- UNDERSTANDS THAT COURSE CONTENT MAY NOT BE COPIED;
- UNDERSTANDS THAT COURSE CONTENT MAY NOT BE SHARED;
- UNDERSTANDS THAT COURSE CONTENT MAY NOT BE RESOLD;
- UNDERSTANDS THAT AD CREATIVES MAY NOT BE RESOLD;
- UNDERSTANDS THAT COMPANY MATERIAL MAY NOT BE WHITE-LABELED;
- UNDERSTANDS THAT COMPANY MATERIAL MAY NOT BE USED TO CREATE A COMPETING COURSE;
- UNDERSTANDS THE RESTRICTIONS ON ARTIFICIAL-INTELLIGENCE USE;
- UNDERSTANDS THAT ACCOUNT SHARING IS PROHIBITED;
- UNDERSTANDS THAT COMPANY DOES NOT GUARANTEE RESULTS;
- UNDERSTANDS THAT ADVERTISING AND BUSINESS ACTIVITY INVOLVE RISK;
- UNDERSTANDS THAT ALL SALES ARE FINAL;
- UNDERSTANDS THAT THERE ARE NO REFUNDS EXCEPT WHERE REQUIRED BY LAW;
- UNDERSTANDS THAT SUBSCRIPTION CHARGES ALREADY INCURRED ARE NONREFUNDABLE;
- UNDERSTANDS THAT CANCELLATION STOPS FUTURE RENEWALS ONLY;
- AGREES NOT TO INITIATE AN IMPROPER CHARGEBACK;
- UNDERSTANDS THAT AN IMPROPER CHARGEBACK MAY RESULT IN TERMINATION AND COLLECTION;
- AGREES TO THE RELEASE AND HOLD-HARMLESS PROVISIONS;
- AGREES TO THE LIMITATION OF LIABILITY;
- AGREES TO USER'S INDEMNIFICATION OBLIGATIONS;
- AGREES TO ELECTRONIC CONTRACTING;
- AGREES THAT COMPANY MAY MAINTAIN ACCOUNT-LEVEL ACCEPTANCE RECORDS;
- AGREES TO BINDING INDIVIDUAL ARBITRATION;
- AGREES TO THE CLASS-ACTION WAIVER;
- AGREES TO THE JURY-TRIAL WAIVER; AND
- VOLUNTARILY ACCEPTS THIS AGREEMENT.
130. REQUIRED GENERAL CHECKOUT ACCEPTANCE
For purchases subject to this Agreement, Company may require an unchecked acceptance box stating substantially:
“I have read and agree to the WaterCheatCode Terms of Service. I understand that ALL SALES ARE FINAL and that there are NO REFUNDS, PARTIAL REFUNDS, PRORATED REFUNDS, OR CREDITS except where required by law. I understand that results are not guaranteed, that WaterCheatCode content is protected intellectual property and may not be copied, shared, reproduced, resold, or redistributed, and I agree to the arbitration and class-action-waiver provisions contained in the Terms.”
131. REQUIRED RECURRING SUBSCRIPTION ACCEPTANCE
For recurring purchases, Company may require an additional unchecked authorization stating substantially:
“I authorize Aquonyx LLC to charge the payment method I provide in the amount disclosed at checkout every applicable billing period until I cancel. I understand that my subscription automatically renews, cancellation stops future renewal charges, and amounts already charged are nonrefundable except where required by law.”
132. REQUIRED PAYMENT AND CHARGEBACK ACKNOWLEDGMENT
Company may also require an acknowledgment stating substantially:
“I authorize this purchase. I understand that all sales are final. I agree not to initiate a chargeback or payment reversal for a valid authorized charge as a substitute for requesting a refund, including because of dissatisfaction, non-use, failure to achieve desired business results, or cancellation after a renewal charge has occurred. This does not waive rights that applicable law does not permit me to waive concerning an actually unauthorized transaction.”
133. CONTACT
Questions regarding this Agreement should be submitted using the applicable legal or support contact information published on:
WaterCheatCode.com
134. CONTRACTING PARTY
The contracting party is:
Aquonyx LLC
Operating WaterCheatCode.com
ACCEPTANCE
Terms Version: WCC-TOS-2026-08-22-v1.0
Effective Date: August 22, 2026
BY ELECTRONICALLY ACCEPTING THESE TERMS, USER REPRESENTS THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, HAS HAD AN OPPORTUNITY TO REVIEW IT BEFORE ACCEPTANCE, AND AGREES TO BE LEGALLY BOUND BY IT.