FROG® Water Care App Terms of Service Effective Date: April 1, 2021
This is a legal agreement between you (“you” or “your”) and King Technology, Inc. (“KTI”, “us”, “we”, or “our”). You should read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the FROG® Water Care mobile application (“Service”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms, which apply to all visitors, users and others who wish to access or use the Service. By accessing and using the Service, you acknowledge that you have read the Terms, that you understand it, and that you agree to be bound legally by the Terms. If you do not agree with all of the Terms, you are not granted permission to access or use the Service and you are instructed to stop use of the Service.
Subject to your continued compliance with the Terms, KTI provides to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service during the term of this agreement on your mobile phone, other mobile computing device, or personal computing device and only for personal purposes. Commercial use of the Service is strictly prohibited. The content layout, formatting, features of and online or remote access processes or privileges for the Service shall be as specified by KTI in its sole discretion. You also acknowledge and agree to the following: (i) KTI has the right to control and direct the means, manner, and method by which the Service are provided; (ii) KTI may, from time to time, engage independent contractors, consultants, or subcontractors to aid KTI in providing the Service or use thereof; and (iii) KTI has the right to provide the Service to others.
Restrictions on Use
All rights not expressly granted under this agreement are hereby reserved to KTI. Accordingly, you are hereby prohibited from using the Service in any manner that is not expressly and unambiguously authorized by the Terms. You therefore may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, reverse engineer, decompile, extract source code, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Service, or any portion of the Service, without KTI’s prior written consent except as expressly and unambiguously authorized herein.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
Each account is for a single user only, unless otherwise expressly agreed upon by KTI. Registration for access to and use of the Service requires access credentials, such as a username and a password, or adherence to other particular access requirements as designated by KTI in its sole discretion from time to time. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer or account. You agree to accept responsibility for all activities or actions that occur under your account or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a user name the name of another person or entity, one that is not lawfully available for use, or, without appropriate authorization, a name or trademark that is subject to any rights of another person or entity other than you. You may not use as a username any name that is offensive, vulgar or obscene.
Data Collection and Use
By installing, accessing, or using the Service, you agree to allow KTI to collect (on behalf of itself and its business partners) certain information regarding your use of the Service (including, without limitation, certain data regarding your mobile device (e.g., type of device, unique device ID), operating software, feature utilization, navigation, and personal information (e.g., name, email, phone, location, pool or hot tub ownership and characteristics, products used, dealers used). In particular, if you elect to use certain location-based features or services, KTI may collect your precise location. You authorize KTI to locate your device and to record, compile, or display your location.
You also agree to receive electronic communications from KTI. These electronic communications may include notices about transactional information and other information concerning or related to the Service or KTI’s other products, solutions, or services. These electronic communications may be MMS or SMS text messages about events, special offers, special discounts, or other information; they may be from a present person; or they may be pre-recorded or auto-dialed. These electronic communications may also directly respond by a voice connection, text, or video to problems the user identifies through features (e.g., diagnose a problem, testing history, additional help) of the Service. These electronic communications are part of your relationship with KTI and you receive them as part of your use of the Service. You therefore hereby agree that any such notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements. Further, you understand and agree that installation of the Service permits the downloading of updates and upgrades, including for the purposes of fixing product defects, enhancing the water care tools, alerting or other functionality, or providing other enhancements to the Service. You will be given notice and an opportunity to accept or refuse any update or upgrade that we provide. Refusal of an update or upgrade may impact performance of the Service.
Short Message Service (“Text Messaging”) Opt-In
- When you opt-in to Text Messaging, we will send you a message to confirm your signup. Message and data rates may apply. You will receive 3 msgs/month. Text “HELP” for help. Text “STOP” to cancel.
- You can cancel this service at any time. Text “STOP” to 52478. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” to 52478. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- Participating Tier 1 carriers: AT&T, Sprint, Boost, Virgin, T-Mobile, MetroPCS, Verizon Wireless
- T-Mobile is not liable for delayed or undelivered messages.
- As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to firstname.lastname@example.org or call at 1-800-222-0169.
This agreement provides only a limited license to access and use the Service in accordance with the terms of this agreement. Accordingly, you hereby agree that KTI transfers no ownership or intellectual property interest or title in and to the Service or any other KTI intellectual property to you or anyone else in connection with your use of the Service. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Service are exclusively owned, controlled, or licensed by KTI or its licensors. Our intellectual property may not be used in connection with any product or service without the prior written consent of KTI.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by KTI. KTI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities or individuals or their websites.
You acknowledge and agree that KTI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.
Term and Termination
This agreement will take effect at the time you click “I ACCEPT,” download the app, and begin using the app. You may uninstall or delete the app at any time by utilizing the available uninstall or delete functionality offered by the applicable operating software or mobile device. However, by uninstalling or deleting the app, you will no longer be able to access the app’s functionality or related services. This agreement will terminate automatically if (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of the Service. Termination will be effective without notice. In addition, KTI may in its sole discretion terminate this agreement upon notice to you for any or no reason. Upon termination of this agreement, any and all right to use the Service shall immediately cease and you must promptly delete or destroy all copies of the Service in your possession or control.
All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify and hold harmless KTI, its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) use and access of the Service by you or any person using your account and password or (b) a breach of these Terms.
Limitation of Liability
In no event shall KTI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from any of the following: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. KTI hereby expressly disclaims all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty under any applicable state law implementation of the Uniform Computer Information Transactions Act.
KTI, its subsidiaries, affiliates, and its licensors do not warrant any of the following: (a) that the Service will function uninterrupted, secure or available at any particular time or location; (b) that any errors or defects will be corrected; (c) that the Service is free of viruses or other harmful components; or (d) that the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law, Limitations and Venue
This agreement has been made in and will be construed and enforced in accordance with the laws of the State of Minnesota as applied to agreements entered into and completely performed in the State of Minnesota. You agree to the personal jurisdiction by and venue in any federal or state court in the State of Minnesota and waive any objection to such jurisdiction or venue and further to a jury trial in any action. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this agreement and is hereby disclaimed. Any claim you might have against KTI must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In any legal proceeding brought by KTI, KTI shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which KTI may be entitled. A printed version of this agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this agreement or contact KTI if you wish to receive a printed copy of this agreement.
Waiver and Severability
KTI’s failure to insist upon strict performance of any of the terms and conditions of this agreement by you will not operate as a waiver of any subsequent default or failure of performance. If any part of this agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this agreement shall continue in effect.
These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to the effective date of any new Terms. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact Customer Service at 1-800-222-0169 (8AM – 5PM CST, Mon. – Fri.).