Terms of Service

1 Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and WeCr8 Solutions LLC ("Company," "we," "us," or "our") regarding your use of the DAMP Smart Drinkware products, mobile applications, and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2 Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on our website with a new "Last Updated" date
• Sending email notifications to registered users
• Displaying in-app notifications for mobile app users
• Providing 30 days advance notice for material changes affecting your rights

Your continued use of the Services after any changes constitutes acceptance of the new Terms.

3 Description of Services

DAMP Smart Drinkware provides Bluetooth Low Energy (BLE) enabled devices that help prevent drink abandonment through smartphone alerts and geofencing technology. Our Services include:

• DAMP hardware devices (Handle, Silicone Bottom, Cup Sleeve, Baby Bottle Tracker)
• DAMP mobile applications for iOS and Android
• Cloud-based services for device management and analytics
• Customer support and warranty services
• Optional subscription services (DAMP+, DAMP Family)

4 User Accounts

To access certain features of our Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You must be at least 13 years old to create an account. Users under 18 must have parental consent.

5 Acceptable Use Policy

You agree not to use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our Services. Prohibited activities include:

• Reverse engineering, decompiling, or disassembling our hardware or software
• Attempting to gain unauthorized access to our systems or other users' accounts
• Using the Services to transmit viruses, malware, or other harmful code
• Interfering with or disrupting the Services or servers
• Using automated systems to access the Services without permission
• Violating any applicable laws or regulations

6 Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to the collection and use of your information as described in our Privacy Policy, including:

• Device location data for geofencing and alerts
• Usage analytics for service improvement
• Account information for service provision
• Technical data for troubleshooting and support

7 Pre-Order and Refund Policy

7.1 Manufacturing Contingency

Each DAMP product requires a minimum of 500 reservations before manufacturing can begin. We maintain this threshold to ensure:

• Sustainable production costs and quality manufacturing
• Adequate cash reserves for refunds and disputes
• Fulfillment of our commitment to deliver high-quality products
• Financial security through Stripe payment escrow

7.2 Refund Eligibility

You are eligible for a full refund under the following conditions:

• Goal Not Met: If a product does not reach the 500 reservation goal within a reasonable timeframe, full refunds will be automatically issued
• Manufacturing Failure: If we are unable to manufacture or fulfill orders due to circumstances beyond our control
• Pre-Production Window: Within 30 days of your order date AND before production begins (whichever comes first)
• Defective Products: Products that arrive damaged or defective are eligible for refund or replacement

7.3 Refund Processing

Refunds are processed as follows:

• Processing Time: 5-10 business days from approval
• Payment Method: Refunds issued to original payment method
• Notification: Email confirmation sent when refund is processed
• Disputes: Payment disputes handled through Stripe's resolution process

7.4 Realistic Delivery Timeline

We are committed to transparency about delivery expectations:

• Expected Delivery: 90-120 days after the 500 reservation goal is met and production begins
• Manufacturing Setup: 30-45 days for production line setup and initial manufacturing
• Quality Testing: 14-21 days for quality control and testing
• Shipping & Distribution: 30-45 days for international shipping and distribution
• Priority Order: Products that reach the 500 reservation goal first will be manufactured and shipped first

7.5 Potential Delays

Delays may occur due to factors including but not limited to:

• Supply chain disruptions or component shortages
• Quality control issues requiring additional testing or modifications
• Manufacturing challenges or equipment issues
• Shipping delays or customs processing
• Force majeure events (natural disasters, pandemics, etc.)

We will provide regular updates on production progress and notify you immediately of any significant delays.

7.6 Product Development

Products are currently in prototype and development phase. Design, features, and specifications may change during final production to ensure quality and functionality. We reserve the right to make reasonable modifications that improve the product while maintaining its core functionality and value proposition.

7.7 Contact for Refunds

To request a refund or discuss concerns about your order, please contact:

8 Intellectual Property Rights

The Services and all content, features, and functionality are owned by WeCr8 Solutions LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Services for personal, non-commercial purposes in accordance with these Terms.

9 Subscription Services

Our premium subscription services (DAMP+ and DAMP Family) are billed on a recurring basis. By subscribing, you agree to:

• Pay all subscription fees in advance
• Automatic renewal unless cancelled
• No refunds for unused subscription periods
• Price changes with 30 days advance notice

You may cancel your subscription at any time through your account settings or by contacting customer support.

10 Warranties and Disclaimers

DAMP hardware products come with a limited warranty as described in your product documentation. Software and Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind.

11 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WECR8 SOLUTIONS LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12 Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination, your right to use the Services will cease immediately, but these Terms will remain in effect as to both parties regarding any provisions that by their nature should survive termination.

13 Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.