Terms of Service

Last updated: 09/19/2025
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Welcome to Waterfull.ai. These Terms of Service (“Terms”) govern your use of the Waterfull.ai services or website (the “Service”, “we”, “us”, “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you should not use the Service.
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1. Definitions

  • User: Any individual or entity that uses the Service.

  • Account: The account you create to access and use the Service.

  • Credits: Prepaid units purchased by you that allow you to use the Service.

  • Submitted Data: Data you upload, submit, or provide to Waterfull.ai (including names, contact information, or other content).

  • Output Data: Data, information, or content provided to you via the Service in response to Submitted Data, or as part of the Service functionality.

  • Privacy Policy: Waterfull.ai’s policy that explains how we collect, use, store, and share your information.

2. Use of the Service

  • You agree to use the Service only for lawful purposes and in compliance with applicable laws and regulations.

  • You represent that you have the rights, permissions, and authority necessary for submitting any Submitted Data, and that doing so will not infringe any third-party rights.

  • You must not use the Service to violate the rights of others (including privacy and intellectual property rights), or to send unsolicited messages, spam, or any content that is unlawful, harmful, or offensive.

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3. Credits, Billing & Payments

  • Credits: Access to the Service is provided through the purchase of credits. Each use of the Service deducts credits according to our published rate schedule.

  • Purchasing Credits: You may purchase packages of credits through our website or approved partners. All purchases are final and non-refundable, unless required by law.

  • Auto-Top-Up: You may set a credit balance threshold in your account. If your balance falls below this level, your chosen payment method will be automatically charged, and a new package of credits will be added to your account.

  • Payment Methods: You authorise us (or our payment processor) to charge your designated payment method for purchased credits and auto-top-ups. You represent that you are authorised to use the chosen payment method.

  • Price Changes: We may change the price of credit packages from time to time. Any change will be posted on our website and apply to future purchases. If you do not agree with the new pricing, you may stop purchasing credits and discontinue using the Service.

  • No Refunds or Chargebacks: All credit purchases are final. We do not provide refunds, partial refunds, or credits for unused or expired credits. Chargebacks initiated through your payment provider are a violation of these Terms.

  • No Expiration (unless specified): Credits do not expire except where explicitly stated at the time of purchase or required by law.

4. Intellectual Property

  • Waterfull.ai retains all ownership and rights in the Service, including its software, designs, logos, content, and any derivative works.

  • You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

  • You do not acquire any ownership over the Service itself.

5. Data and Privacy

  • Our [Privacy Policy] is incorporated by reference and governs how we collect, use, store, and share your personal data.

  • You retain ownership of your Submitted Data; we use it to provide the Service, improve our offerings, and as described in the Privacy Policy.

  • You represent that any Submitted Data is accurate, lawful, and that you have rights to share it.

6. Data Protection & Compliance

  • Customer Responsibility: You acknowledge and agree that you are solely responsible for ensuring that your collection, submission, and use of Submitted Data complies with all applicable data protection and privacy laws, including but not limited to the EU General Data Protection Regulation (GDPR), the UK GDPR, the California Consumer Privacy Act (CCPA), and similar regulations worldwide.

  • Role of Waterfull.ai: To the extent Waterfull.ai processes personal data on your behalf, we act solely as a “processor” (or equivalent term under applicable law), and you remain the “controller” of such data.

  • No Liability for Customer Violations: You agree to indemnify, defend, and hold harmless Waterfull.ai and its affiliates, officers, directors, and employees from any claims, damages, fines, or penalties arising out of or related to (i) your failure to comply with applicable data protection laws, (ii) your misuse of the Service, or (iii) the Submitted Data you provide.

  • Data Use: We may use aggregated, anonymised, or de-identified data for analytics, product improvement, and benchmarking, provided such data cannot be used to identify you or your customers.

7. Warranties, Disclaimers & Limitations of Liability

  • The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied (e.g., merchantability, fitness for a particular purpose).

  • We do not guarantee continuous, error-free, or secure operation of the Service.

  • To the maximum extent permitted by law, our liability to you for any claim arising out of or relating to the Service is limited to the amount you have paid us in the twelve (12) months before the event giving rise to the claim.

  • We are not responsible for indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or damage to your business).

8. Termination

  • You may stop using the Service at any time. Unused credits will not be refunded.

  • We may suspend or terminate your access to the Service immediately if you breach these Terms, for non-payment, or for misuse of the Service.

  • Upon termination, your license to use the Service ends; we may delete or disable your data per our Data Retention policies.

9. Modifications to Service & Terms

  • We may modify or update the Service (add/remove features, integrations, etc.) at our discretion.

  • We may also update these Terms from time to time. We will attempt to give you reasonable notice for any material changes (e.g. via email or notice on the website).

  • Continued use of the Service after such changes will constitute your agreement to the updated Terms.

10. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of the United States.

  • Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware.

11. General Provisions

  • If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force.

  • These Terms, along with our Privacy Policy and any other agreements you have with us, constitute the entire agreement between you and Waterfull.ai regarding the Service.

  • We will not be liable for failure or delay in performance caused by events beyond our reasonable control (force majeure).

If you have any questions about these Terms, please contact us at hello@waterfull.ai