Aquapio Terms of Use

1. Agreement to These Terms

These Terms of Use (the “Terms”) form a binding agreement between you (“you,” “your,” or “Customer”) and Hitchens Enterprises, LLC, a California limited liability company doing business as Aquapio (“Aquapio,” “we,” “us,” or “our”), governing your access to and use of the Aquapio website at [aquapio.com], the Aquapio customer-relationship-management platform, and all related applications, tools, integrations, and services (collectively, the “Service”).

By creating an account, clicking “I agree” (or a similar button), signing an order form that references these Terms, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not agree, you may not access or use the Service.

Arbitration notice. Section 19 contains a binding individual arbitration provision and a class-action and jury-trial waiver that affect your legal rights. Please read it carefully.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

2. Definitions

“Customer Data” means all data, content, records, contact information, leads, messages, documents, and other materials that you or your Authorized Users submit to, store in, or generate through the Service, including information about your own clients, leads, and contacts (“End Users”).

“Authorized User” means an individual you authorize to use the Service under your account, such as your employees, agents, or contractors.

“End User” means a third party (such as your leads, buyers, sellers, students, or contacts) whose information you process through the Service.

“Third-Party Platforms” means software, infrastructure, and services provided by parties other than Aquapio that the Service is built on or integrates with, including without limitation our underlying software platforms.

3. The Service

Aquapio provides a cloud-based customer-relationship-management (CRM) and business-automation platform designed for the manufactured housing industry. Features may include contact and lead management, sales pipelines, calendars and appointment scheduling, automated workflows, forms and surveys, email and text (SMS) messaging tools, document handling, reporting, and related capabilities.

Platform foundation. The Service is built on and delivered through one or more Third-Party Platforms, including our software partners. Your use of the Service therefore also depends on, and may be subject to, the terms, policies, and operational requirements of those platforms (see Section 11). We may add, change, or remove features at any time.

No affiliate program. Aquapio does not currently offer an affiliate, reseller, or referral-commission program. Any references to such programs from Third-Party Platforms do not apply to your relationship with Aquapio unless we expressly agree in a separate written contract.

4. Eligibility and Accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business use and not for personal, household, or consumer purposes.

You are responsible for: (a) providing accurate, current, and complete registration information; (b) maintaining the confidentiality of your login credentials; (c) all activity that occurs under your account, whether or not authorized by you; and (d) the acts and omissions of your Authorized Users, who are bound by these Terms. Notify us immediately at security@aquapio.com of any suspected unauthorized access or security breach.

5. Fees, Billing, and Auto-Renewal

Fees. You agree to pay all fees for the plan and any add-ons you select, as described at sign-up or in an applicable order form. Unless stated otherwise, fees are quoted and payable in U.S. dollars and are exclusive of taxes.

Billing and payment. You authorize us and our payment processors to charge your designated payment method for all fees as they become due. If a charge fails, we may suspend the Service until payment is received.

Subscriptions and automatic renewal. Subscription plans renew automatically for successive periods (e.g., monthly or annually) at the then-current rate unless you cancel before the renewal date through your account settings or by contacting billing@aquapio.com. Consistent with California's Automatic Renewal Law, we will present renewal terms clearly before purchase and provide cancellation instructions.

Price changes. We may change fees on a prospective basis by giving notice (for example, at least 30 days before a renewal). Continued use after a price change takes effect constitutes acceptance.

Taxes. You are responsible for all applicable sales, use, and similar taxes, excluding taxes on our net income.

Refunds. Except where required by law or expressly stated in writing, fees are non-refundable and there are no refunds or credits for partial periods, unused features, or downgrades.

Usage-based charges. Certain features (such as SMS/text messaging, telephony, email volume, or AI features) may incur per-use charges or pass-through carrier fees set by Third-Party Platforms. You are responsible for those charges.

6. License and Acceptable Use

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your subscription term.

You agree that you will not, and will not permit any Authorized User or End User to:

• Use the Service in violation of any applicable law, regulation, or third-party right, including privacy, anti-spam, telemarketing, intellectual-property, and consumer-protection laws;
• Send unlawful, deceptive, harassing, defamatory, infringing, or unsolicited communications, or transmit malware or harmful code;
• Upload or process data you do not have the right to use, or sensitive data the Service is not designed to handle (e.g., full payment-card data outside our payment processor, government identifiers, or protected health information), unless we have agreed in writing;
• Reverse engineer, decompile, copy, resell, sublicense, rent, or create derivative works from the Service except as permitted by law;
• Probe, scan, or test the vulnerability of the Service, circumvent security or access controls, or use the Service to build a competing product;
• Use automated means to access the Service in a way that exceeds reasonable use, degrades performance, or violates rate limits;
• Use the Service for cryptocurrency mining, high-risk activities, or any purpose prohibited by a Third-Party Platform.

We may investigate suspected violations and may suspend or terminate access for conduct we reasonably believe violates these Terms or exposes us, our users, or a Third-Party Platform to liability.

7. Messaging, SMS/Text, and Email Compliance

Your responsibility. The Service includes tools that let you send SMS/text messages, emails, and other communications to your End Users. You — not Aquapio — are the sender of those communications and are solely responsible for their content and for complying with all applicable laws and carrier requirements, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Telemarketing Sales Rule, state telemarketing and “mini-TCPA” laws, CTIA messaging principles, and carrier 10DLC registration and approval requirements.

In particular, you represent and agree that you will:

• Obtain and maintain all legally required consents (including prior express written consent where required) before sending marketing or automated messages, and keep records of those consents;
• Honor opt-out and unsubscribe requests promptly, including STOP/HELP keyword handling for SMS and a working unsubscribe mechanism for email;
• Accurately identify yourself as the sender, avoid prohibited or restricted message content, and respect quiet-hours and frequency rules;
• Complete any required brand and campaign registration (such as 10DLC) and provide truthful registration information.

You acknowledge that messaging is delivered through Third-Party Platforms and carriers that may filter, throttle, suspend, or reject messages at their discretion, and that Aquapio does not guarantee delivery. You will indemnify Aquapio for claims arising from your communications (see Section 16).

8. Customer Data and Privacy

Ownership. As between you and Aquapio, you own and retain all rights to your Customer Data. You grant Aquapio a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data solely to provide, secure, support, and improve the Service and as otherwise permitted by these Terms and our Privacy Policy.

Your role and ours. For Customer Data that relates to your End Users, you act as the business/controller and Aquapio acts as your service provider/processor. You are responsible for having a lawful basis and appropriate notices and consents for the data you collect and process through the Service.

Privacy documents. Our collection and use of personal information is described in our Privacy Policy and Cookie Policy. If you require a data processing addendum (DPA) for your compliance obligations, contact privacy@aquapio.com.

Aggregated data. We may collect and use de-identified and aggregated data derived from use of the Service for analytics, benchmarking, and improving the Service, provided it does not identify you or any individual.

9. Intellectual Property

The Service, including its software, design, text, graphics, logos, and the “Aquapio” name and marks, is owned by Hitchens Enterprises, LLC or its licensors and is protected by intellectual-property laws. Except for the limited license in Section 6, no rights are granted to you. Third-Party Platform marks and technology remain the property of their respective owners.

Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

10. Confidentiality

Each party may access non-public information of the other (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms, protect it with reasonable care, and not disclose it except to personnel and advisors who need to know and are bound by similar obligations. This section does not apply to information that is public through no fault of the receiving party, independently developed, rightfully received from a third party, or required to be disclosed by law (with notice where permitted).

11. Third-Party Platforms and Integrations

Dependency on Third-Party Platforms. The Service is provided on and through underlying software platforms and may rely on other Third-Party Platforms (for example, payment processors, telephony and SMS carriers, email-delivery providers, calendar and MLS integrations, and AI providers). Your use of the Service is therefore subject to the applicable terms, acceptable-use policies, and code-of-conduct requirements of those platforms to the extent they apply to end users of products built on their platform.

You agree that:

• Third-Party Platforms are not controlled by Aquapio, and their availability, performance, features, and pricing may change or be discontinued by the provider;
• Aquapio is not responsible or liable for the acts, omissions, outages, data practices, or content of any Third-Party Platform;
• Where a Third-Party Platform imposes a restriction or requirement (such as messaging compliance, prohibited-use rules, or registration), that restriction also applies to your use of the Service, and the more restrictive rule controls;
• If a Third-Party Platform suspends, limits, or terminates the underlying service, Aquapio may be required to suspend or modify the affected features, and Aquapio will not be liable for any resulting interruption.

Any separate agreement you enter directly with a Third-Party Platform is between you and that provider. We encourage you to review their terms.

12. Availability, Support, and Modifications

We strive to keep the Service available but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, third-party outages, or events beyond our control. We may modify, suspend, or discontinue all or part of the Service at any time. Support is provided as described on our website or in your plan, through support@aquapio.com.

13. Term, Suspension, and Termination

Term. These Terms apply while you have an account or use the Service and continue for your subscription term and any renewals.

Termination by you. You may cancel your subscription as described in Section 5. Cancellation stops future renewals; it does not entitle you to a refund of prepaid fees except as required by law.

Suspension and termination by us. We may suspend or terminate your access immediately if you breach these Terms, fail to pay, create risk or legal exposure for us or a Third-Party Platform, or if required by a Third-Party Platform or by law.

Effect of termination. Upon termination, your license ends and you must stop using the Service. We will make Customer Data available for export for 30 days, after which we may delete it in the ordinary course, subject to legal retention requirements and backup cycles. Sections that by their nature should survive (including payment obligations, IP, confidentiality, disclaimers, limitations of liability, indemnification, and dispute resolution) survive termination.

14. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Aquapio and its licensors and suppliers disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, or error-free, that data will not be lost, or that messages will be delivered. The Service is not a substitute for legal, financial, real-estate, or other professional advice, and any AI-generated output may be inaccurate and is used at your own risk.

15. Limitation of Liability

To the fullest extent permitted by law, Aquapio and its members, managers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages.

Aquapio's total aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the amounts you paid to Aquapio for the Service in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You will defend, indemnify, and hold harmless Aquapio and Hitchens Enterprises, LLC and their members, managers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data; (b) your communications, including SMS, text, and email campaigns (Section 7); (c) your use of the Service in violation of these Terms or applicable law; (d) your violation of any Third-Party Platform's terms; or (e) your violation of the rights of any End User or third party. We will provide reasonable notice of the claim and may participate in the defense with our own counsel at our expense.

17. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Informal resolution first. Before filing a claim, the parties agree to try to resolve the dispute informally by sending a written notice to the other party describing the dispute. If not resolved within 30 days, either party may proceed to arbitration.

Binding arbitration. Except for the exceptions below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by an AAA arbitration under its applicable rules, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The seat of arbitration will be Los Angeles County, California, or another location the parties agree to, and may be conducted by video or telephone.

Class-action and jury-trial waiver. Disputes will be arbitrated only on an individual basis. You and Aquapio waive any right to a jury trial and any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

Exceptions. Either party may (a) bring an individual claim in small-claims court in Los Angeles County, and (b) seek injunctive or equitable relief in court to protect intellectual-property or confidentiality rights.

18. Governing Law and Venue

These Terms and any dispute not subject to arbitration are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 17, you and Aquapio submit to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, and waive any objection to that venue.

19. General

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of Third-Party Platforms, carriers, internet, or utilities.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Notices. We may give notice by email or by posting in the Service. Legal notices to us must be sent to legal@aquapio.com and to 4401 Atlantic Ave, Ste 200, Long Beach, CA 90807.

Entire agreement; severability; waiver. These Terms (with the Privacy Policy, Cookie Policy, and any order form) are the entire agreement and supersede prior agreements on this subject. If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.

Relationship. The parties are independent contractors. These Terms create no agency, partnership, or joint venture.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-Service notice) before they take effect. The “Last Updated” date above reflects the current version. Your continued use of the Service after changes take effect constitutes acceptance.

21. Contact Us

Hitchens Enterprises, LLC d/b/a Aquapio
4401 Atlantic Ave, Ste 200, Long Beach, California 90807
General: support@aquapio.com | Legal: legal@aquapio.com | Privacy: privacy@aquapio.com
Website: aquapio.com