Terms and Conditions

TERMS AND CONDITIONS OF SERVICE

AC DRAIN WIZ LLC

Effective Date: January 01, 2026

Last Updated: January 01, 2026

---

1. AGREEMENT TO TERMS

These Terms and Conditions of Service ("Agreement") constitute a legally binding contract between you ("User," "you," or "your") and AC Drain Wiz LLC, a Florida limited liability company ("Company," "we," "us," or "our"). By accessing or using the AC Drain Wiz website, mobile applications, sensor monitoring services, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety.

If you are entering into this Agreement on behalf of a business, company, or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, and the terms "User," "you," "contractor," or "your" shall refer to such entity.

**IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES.**

---

2. ELIGIBILITY

To access or use the Services, you must:

(a) Be at least eighteen (18) years of age;

(b) Have the legal capacity to enter into a binding contract;

(d) Provide accurate, current, and complete information during registration and maintain the accuracy of such information.

---

3. DESCRIPTION OF SERVICES

AC Drain Wiz LLC provides a web-based monitoring platform and related services designed to facilitate drain monitoring through sensor technology, contractor management, client management, and service coordination. The Services may include, but are not limited to:

(a) Water level monitoring via connected sensors;

(b) Battery status monitoring of installed sensors;

(d) Service call coordination and tracking;

(e) Contractor account management;

(f) Data reporting and analytics.

---

4. USER ACCOUNTS

4.1 Account Registration

To access certain features of the Services, you must create an account. You agree to:

(a) Provide accurate, truthful, and complete registration information;

(b) Maintain and promptly update your account information;

(d) Accept responsibility for all activities that occur under your account;

(e) Notify us immediately of any unauthorized use of your account.

### 4.2 Account Types

The Services accommodate multiple user types, including but not limited to contractors and end clients. Additional terms specific to your user type may apply and are incorporated herein by reference.

### 4.3 Account Termination

We reserve the right to suspend, disable, or terminate your account at any time, with or without cause, and with or without notice, at our sole discretion.

If we do terminate your account for any reason, we retain the right to market other AC contractors to clients that have installed Company sensors for their continued servicing. User does not retain any rights to clientele lists upon termination of service and/or affliation with Company.

---

5. USER TYPES AND SPECIFIC TERMS

5.1 Contractors

Contractors utilizing the Services acknowledge and agree to the following:

(a) **Performance Standards:** Company reserves the absolute and unconditional right to discontinue business affiliation with any contractor at any time, for any reason or no reason, if Company determines, in its sole and exclusive discretion, that such contractor is not meeting Company's standards of service, professionalism, responsiveness, or quality.

(b) **Client Marketing Rights Upon Termination:** In the event that the business relationship between Company and a contractor is terminated or discontinued for any reason whatsoever—whether initiated by Company, by the contractor, by mutual agreement, or by operation of law—Company expressly retains the right to market, advertise, promote, and offer alternative contractor options to all clients associated with the terminated contractor's account. This right survives termination of this Agreement indefinitely.

(c) **No Exclusivity:** This Agreement does not establish an exclusive relationship between Company and any contractor. Company may engage with competing contractors in the same geographic area or market unless agreed upon by both parties in writing.

### 5.2 End Clients

End clients (property owners, tenants, or their authorized representatives) utilizing the Services acknowledge and agree that:

(a) The Services are provided for informational and monitoring purposes only;

(b) Sensor data and alerts do not constitute professional advice or guarantee prevention of any damage or loss;

(c) End clients are responsible for taking appropriate action in response to any alerts or data provided through the Services.

---

6. DATA RIGHTS AND OWNERSHIP

6.1 Company Data Rights

**BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND GRANT TO COMPANY THE FOLLOWING DATA RIGHTS:**

(a) **Comprehensive Data License:** Company shall own and retain all rights, title, and interest in and to all data collected, generated, transmitted, stored, or processed through the Services, including but not limited to: sensor data, water level readings, battery status information, user-submitted information, account data, usage data, metadata, analytics, and any other data entered into or collected by the website, applications, sensors, or related systems (collectively, "Platform Data").

(b) **Unrestricted Use:** Company may use, copy, modify, aggregate, analyze, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise exploit all Platform Data for any purpose whatsoever, in any form, medium, or technology now known or hereafter developed, without restriction, limitation, attribution, or compensation to you.

(c) **Perpetual Rights:** The rights granted to Company under this Section 6 are perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable, and shall survive termination of this Agreement.

(d) **No Expectation of Privacy in Data:** You acknowledge that you have no expectation of privacy, confidentiality, or proprietary interest in Platform Data, except as expressly set forth in our Privacy Policy with respect to personally identifiable information.

(e) **Aggregated and De-Identified Data:** Company may create aggregated, anonymized, or de-identified data derived from Platform Data and use such data for any commercial or non-commercial purpose without restriction.

### 6.2 User Content

You retain ownership of any original content you submit that constitutes copyrightable creative works (such as photographs or written descriptions), subject to the license granted in Section 6.1.

---

7. DISCLAIMER OF WARRANTIES

7.1 "As Is" and "As Available"

**THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SENSOR DATA, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.**

7.2 No Warranty

**TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:**

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

(b) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;

(c) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

(d) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY SENSOR DATA, CONTENT, OR INFORMATION PROVIDED THROUGH THE SERVICES;

(e) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

### 7.3 No Guarantees

**COMPANY MAKES NO GUARANTEES REGARDING:**

(a) Service availability, uptime, or reliability;

(b) The accuracy, precision, or timeliness of sensor readings or alerts;

(d) The performance, qualifications, or conduct of any contractor; or

(e) Any particular outcome or result from use of the Services.

---

## 8. LIMITATION OF LIABILITY AND RELEASE

### 8.1 Complete Release of Liability

**BY USING THE SERVICES, YOU EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY RELEASE, WAIVE, AND DISCHARGE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:**

(a) Water damage, flooding, moisture damage, mold, mildew, or any related property damage;

(b) Personal injury, bodily harm, or death;

(d) Sensor malfunction, inaccuracy, delayed readings, failed alerts, or failure to detect water or other conditions;

(e) Any action taken or not taken in reliance on sensor data, alerts, or information provided through the Services;

(f) The acts, omissions, negligence, or misconduct of any contractor;

(g) Service interruptions, outages, or unavailability;

(h) Data loss, corruption, or unauthorized access;

(i) Any decisions made based on information obtained through the Services; and

(j) Any other damages of any kind arising from or related to the Services.

### 8.2 Scope of Release

**THIS RELEASE APPLIES REGARDLESS OF:**

(a) Whether the sensor data accurately reflected actual conditions;

(b) Whether the sensor data failed to accurately reflect actual conditions;

(d) Whether the Services functioned as intended;

(e) The cause of any damage, loss, or injury;

(f) Any alleged negligence, gross negligence, or willful misconduct of Released Parties;

(g) Whether such claims arise under contract, tort, strict liability, or any other legal theory.

### 8.3 Limitation of Damages

**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR:**

(a) Any indirect, incidental, special, consequential, punitive, or exemplary damages;

(b) Loss of profits, revenue, data, goodwill, or other intangible losses;

(d) The cost of procurement of substitute services;

(e) Any damages exceeding the greater of (i) the amounts paid by you to Company in the twelve (12) months preceding the claim, or (ii) one hundred dollars ($100.00).

### 8.4 Essential Basis

**YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, RELEASES, AND LIMITATIONS SET FORTH IN THIS AGREEMENT ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND THAT COMPANY WOULD NOT PROVIDE THE SERVICES ABSENT SUCH LIMITATIONS.**

---

9. INDEMNIFICATION

9.1 Indemnification Obligation

You agree to indemnify, defend, and hold harmless Company and its officers, directors, members, managers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

(a) Your use of or access to the Services;

(b) Your violation of this Agreement;

(d) Your violation of any third-party rights, including intellectual property rights or privacy rights;

(e) Any content or data you submit, post, or transmit through the Services;

(f) Any property damage, personal injury, or other harm resulting from your actions or omissions;

(g) Any dispute between you and any contractor or other user;

(h) Any claim that your use of the Services caused damage to a third party.

9.2 Defense and Settlement

Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Company's defense of such claims. You shall not settle any claim without Company's prior written consent.

---

10. ARBITRATION AND DISPUTE RESOLUTION

10.1 Mandatory Binding Arbitration

**PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.**

You and Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or your relationship with Company (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may assert claims in small claims court if the claims qualify.

### 10.2 Arbitration Rules and Procedures

(a) **Administering Body:** Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Mediation Procedures then in effect, as modified by this Agreement.

(b) **Location:** Arbitration shall take place in the State of Florida, in the county where Company's principal place of business is located, unless the parties mutually agree otherwise.

(c) **Arbitrator:** The arbitration shall be conducted by a single neutral arbitrator selected in accordance with AAA rules.

(d) **Authority:** The arbitrator shall have exclusive authority to resolve all Disputes, including the arbitrability of any claim, and shall have authority to grant any remedy that would otherwise be available in court.

(e) **Discovery:** Discovery shall be limited as provided by the AAA rules.

(f) **Award:** The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

**YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.**

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative, class, or collective proceeding.

10.4 Waiver of Jury Trial

**BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY.**

10.5 Costs and Fees

Each party shall bear its own costs and attorneys' fees in any arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

10.6 Opt-Out Right

You may opt out of this arbitration provision by sending written notice of your decision to opt out to Company at the address provided below within thirty (30) days of first accepting this Agreement. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration.

10.7 Survival

This arbitration provision shall survive termination of this Agreement.

---

11. GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Subject to Section 10 (Arbitration), any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Florida, and the parties hereby consent to personal jurisdiction and venue therein.

---

12. TERMINATION

12.1 Termination by You

You may terminate your account and this Agreement at any time by contacting us or using account termination features within the Services.

12.2 Termination by Company

Company may terminate or suspend your access to the Services, in whole or in part, at any time, with or without cause, with or without notice, and without liability to you.

12.3 Effect of Termination

Upon termination:

(a) Your right to access and use the Services shall immediately cease;

(b) Company shall retain all Platform Data in accordance with Section 6 and our Privacy Policy;

(d) All provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to Sections 6, 7, 8, 9, 10, 11, and 14.

---

13. MODIFICATIONS TO AGREEMENT

Company reserves the right to modify, amend, or update this Agreement at any time. We will notify you of material changes by posting the updated Agreement on our website and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the modified Agreement. It is your responsibility to review this Agreement periodically.

---

14. GENERAL PROVISIONS

14.1 Entire Agreement

This Agreement, together with our Privacy Policy and any other legal notices or policies published by Company on the Services, constitutes the entire agreement between you and Company regarding the Services and supersedes all prior agreements and understandings, whether written or oral.

14.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

14.3 Waiver

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Company's failure to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right to enforce it at a later time.

14.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under this Agreement without Company's prior written consent. Company may assign this Agreement in whole or in part without restriction.

14.5 No Third-Party Beneficiaries

This Agreement does not confer any rights, remedies, or benefits upon any third party.

14.6 Force Majeure

Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.7 Notices

Any notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, return receipt requested, to the address provided in your account or to Company's registered address.

14.8 Headings

Section headings are for convenience only and shall not affect the interpretation of this Agreement.

14.9 Construction

This Agreement shall not be construed against the drafter. The terms "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation."

---

15. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us via mail at:

**AC Drain Wiz LLC**

301 Lake Ave, Lake Worth Beach, FL 33460

---

16. ACKNOWLEDGMENT

**BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:**

(a) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT IN ITS ENTIRETY;

(b) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN;

(d) YOU UNDERSTAND THAT THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER;

(e) YOU UNDERSTAND AND ACCEPT THE RELEASE OF LIABILITY SET FORTH IN SECTION 8; AND

(f) YOU CONSENT TO COMPANY'S USE OF PLATFORM DATA AS DESCRIBED IN SECTION 6.

---