Terms and Conditions

License Grant

WETCHEX INC. grants a limited, non-exclusive, non-transferable, revocable license to install and use the Software solely for the Licensee's internal business operations. The Software is licensed and not sold.

Licensed Software

The Software includes executable and object code, databases, documentation, tutorials, updates, upgrades, patches, activation keys, user manuals, and all related intellectual property.

Authorized Installations

The Software may be installed only as permitted by the applicable license. Separate licenses may be required for separate legal entities, affiliates, or business locations.

Activation

The Software may require online activation and license verification. WETCHEX may disable unauthorized activations and issue replacement activation credentials upon verification of ownership.

Restrictions

The Licensee shall not reverse engineer, decompile, disassemble, modify, create derivative works, remove proprietary notices, circumvent activation mechanisms, sublicense, rent, lease, sell, assign, distribute, or otherwise transfer the Software without prior written consent.

Ownership

All copyrights, patents, trademarks, trade secrets, algorithms, documentation, source code, object code, and derivative works remain the exclusive property of WETCHEX INC.

Updates and Maintenance

Updates and maintenance releases are governed by this Agreement and are provided only when included within an applicable maintenance or support program.

Technical Support

Technical support is provided only if separately purchased or otherwise agreed in writing.

Privacy and Technical Data

The Software may collect activation, diagnostic, licensing, and technical information necessary to operate the Software. Such information is handled in accordance with the company's Privacy Policy.

Third-Party Components

Third-party or open-source components remain governed by their respective licenses.

Confidentiality

The Software contains confidential and proprietary information. The Licensee shall protect such information from unauthorized disclosure.

Export Compliance

The Licensee agrees to comply with all applicable U.S. export control and sanctions laws.

Warranty Disclaimer

The Software is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, including merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation.

Limitation of Liability

To the maximum extent permitted by law, WETCHEX shall not be liable for indirect, consequential, incidental, special, exemplary, or punitive damages. Aggregate direct liability shall not exceed the license fees paid during the twelve months preceding the claim, where permitted by law.

Indemnification

The Licensee shall indemnify and hold WETCHEX harmless from claims arising from misuse of the Software or violation of this Agreement.

Term and Termination

The license continues until terminated. Upon termination, the Licensee shall cease use, uninstall the Software, and destroy all copies. Ownership, confidentiality, warranty, limitation of liability, and dispute resolution provisions survive termination.

Audit Rights

Upon reasonable notice, WETCHEX may verify compliance with the licensing terms.

Force Majeure

Neither party shall be liable for delays caused by events beyond its reasonable control.

Governing Law and Venue

This Agreement is governed by Florida law. Exclusive jurisdiction and venue lie in the state courts of Lee County, Florida, and the United States District Court for the Middle District of Florida.

Assignment

The Licensee may not assign this Agreement without written consent. WETCHEX may assign the Agreement in connection with mergers, acquisitions, or asset sales.

Entire Agreement

This Agreement constitutes the entire agreement between the parties. Amendments must be in writing and signed by an authorized representative of WETCHEX.

Cloud Services and Software as a Service (SaaS)

If the Software includes or utilizes cloud-based services, hosted applications, remote servers, application programming interfaces (APIs), online databases, or other internet-accessible functionality (collectively, the "Online Services"), the following additional terms shall apply.

Subject to the terms of this Agreement, WETCHEX INC. grants Licensee a limited, non-exclusive, non-transferable right to access and use the Online Services solely in connection with the licensed Software and solely for Licensee's internal business operations.

Licensee acknowledges that certain features of the Software require internet connectivity and communication with servers maintained by or on behalf of WETCHEX INC. Licensee is solely responsible for maintaining adequate internet access and any associated telecommunications charges.

Although WETCHEX INC. will use commercially reasonable efforts to maintain the availability of the Online Services, uninterrupted availability is not guaranteed. The Online Services may be unavailable due to scheduled maintenance, emergency maintenance, equipment failures, security events, internet disruptions, or other circumstances beyond WETCHEX INC.'s reasonable control.

WETCHEX INC. may periodically modify, update, enhance, repair, or temporarily suspend portions of the Online Services for maintenance or operational purposes. Such maintenance may occur without prior notice when reasonably necessary to preserve system integrity or security.

Licensee is responsible for maintaining the confidentiality of all usernames, passwords, authentication credentials, and account information associated with the Online Services. Licensee shall promptly notify WETCHEX INC. of any unauthorized access or suspected compromise of its account credentials.

Except for the Software and WETCHEX intellectual property, Licensee retains ownership of business records, inspection records, work orders, photographs, videos, customer information, maintenance records, and other data uploaded by Licensee ("Customer Data").

Licensee grants WETCHEX INC. a limited license to host, process, transmit, store, back up, and display Customer Data solely as necessary to provide the Software and Online Services.

WETCHEX INC. will employ commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data from unauthorized access, disclosure, alteration, or destruction. No security system is completely secure, and WETCHEX INC. does not guarantee absolute protection against cybersecurity incidents.

Although WETCHEX INC. may perform routine backups of hosted information, Licensee remains solely responsible for maintaining independent backup copies of any information that Licensee considers important.

WETCHEX INC. may suspend access to the Online Services immediately upon notice if:

• (a) Licensee violates this Agreement;
• (b) continued access threatens the security or integrity of the Online Services;
• (c) Licensee fails to pay applicable subscription or maintenance fees; or
• (d) suspension is required by law or governmental authority.

WETCHEX INC. reserves the right to discontinue any Online Service upon reasonable advance notice. To the extent reasonably practicable, WETCHEX INC. will provide Licensee an opportunity to retrieve Customer Data before discontinuing the affected service.

Artificial Intelligence Features

The Software may include artificial intelligence ("AI"), machine learning, predictive analytics, image recognition, recommendation engines, automated decision-support tools, or similar computational technologies ("AI Features").

All AI-generated outputs, recommendations, predictions, classifications, analyses, maintenance recommendations, inspection suggestions, scheduling recommendations, anomaly detections, water usage estimates, and similar outputs are provided solely as advisory information.

Licensee remains solely responsible for reviewing, verifying, approving, modifying, or rejecting any AI-generated output before relying upon or implementing it.

AI Features are intended to assist users and are not intended to replace professional judgment, engineering analysis, regulatory compliance determinations, maintenance decisions, safety inspections, legal advice, or other professional decision-making.

Because AI systems rely upon statistical models and available data, AI-generated outputs may contain inaccuracies, omissions, incorrect assumptions, incomplete information, or recommendations that are unsuitable for particular circumstances. WETCHEX INC. does not warrant the accuracy, completeness, reliability, or fitness of any AI-generated output.

To the extent permitted by applicable law and WETCHEX's Privacy Policy, technical information, anonymized operational data, system performance metrics, and diagnostic information generated through use of the AI Features may be used to improve the Software, develop new features, train machine learning models, enhance prediction accuracy, improve anomaly detection, and optimize system performance.

Personally identifiable information or confidential customer information will not be intentionally used for model training except as authorized by Licensee or permitted by applicable law.

Licensee is solely responsible for all decisions, actions, inspections, repairs, maintenance activities, compliance determinations, scheduling decisions, and business operations based upon information generated by the AI Features.

Licensee shall independently verify any AI-generated recommendation before implementing actions that could affect safety, regulatory compliance, property, equipment, or customer operations.

WETCHEX INC. does not guarantee that the AI Features will detect every equipment failure, leak, irrigation issue, maintenance requirement, regulatory concern, anomaly, or operational deficiency. AI-generated outputs should be considered one source of information among other available operational data.

WETCHEX INC. may modify, retrain, update, replace, or discontinue AI models and algorithms from time to time in order to improve system performance, accuracy, functionality, security, or compliance. Such modifications shall not constitute a breach of this Agreement.

Contact Us

If you have questions about these Terms and Conditions, reach us at:

support@wetchex.ai