1. Acceptance of Terms

By accessing or using Waterlily’s eldercare planning services (the “Services”), you agree to comply with and be bound by these Terms of Service (“Terms”), and our Privacy Policy, and if applicable, the Pilot Agreement, all of which govern your access and use of the Services, all which may both be updated by us from time to time without notice to you. You acknowledge that it is your responsibility to review these Terms and the Privacy Policy periodically to be aware of any modifications.

2. Ownership and Limited License

The Services, including text, graphics, images, and other content, are owned by Waterlily or our licensors and are protected under both United States and foreign laws. You are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for evaluation purposes during the Pilot Period as stated in the PILOT AGREEMENT.

3. Trademarks

The Waterlily name, logos, slogans, and look and feel are trademarks of Waterlily and may not be used without prior written permission.

4. Feedback and Ownership

All feedback provided by you, especially during the Pilot Period, is subject to terms similar to those in the Pilot Agreement, where Waterlily owns all right, title, and interest in the feedback and any related Intellectual Property Rights. Waterlily is free to use, disclose, reproduce, license, and otherwise exploit the feedback as it sees fit.

Feedback provided by you regarding the Services will be treated as nonconfidential. Waterlily may use such Feedback for any purpose without acknowledgment or compensation to you.

5. Personal Information

Waterlily will only process Personal Information as necessary to provide and improve the Services or comply with the law. You warrant that you are authorized to disclose such Personal Information to Waterlily.

6. Restrictions

You are bound by the restrictions outlined in both these Terms and the Pilot Agreement (if applicable). You shall not modify, alter, or create derivative works of the Services, disclose or make available the Services to third parties, or use the Services contrary to the limitations and restrictions outlined herein and in the Pilot Agreement.

You are prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information, software, products or services obtained from the Services, except as expressly permitted hereunder.

7. Disclaimers

The Services are provided “as is” and “as available,” without any warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

8. Limitation of Liability

Waterlily will not be liable for any indirect, consequential, exemplary, incidental, punitive or special damages arising out of or relating to these Terms or the Services.

9. Indemnification

You agree to indemnify, defend, and hold harmless Waterlily from any claims, losses, liabilities, damages, expenses, and costs arising from or related to your use of the Services or violation of these Terms.

10. Dispute Resolution; Binding Arbitration

Disputes arising under these Terms will be resolved by binding arbitration, except for certain types of disputes as identified herein. You and Waterlily waive the right to a jury trial and to participate in a class action or representative proceeding.

11. Governing Law

These Terms and any disputes arising hereunder will be governed by the laws of the State of Nevada, and the state or federal courts located in the County of [insert], Nevada will have exclusive jurisdiction.

12. Modifications to Services

Waterlily reserves the right to modify or terminate the Services at any time, and is not responsible for any loss or harm related to your inability to access or use our Services.

13. Severability

If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

14. Miscellaneous

These Terms constitute the entire agreement between you and Waterlily regarding the use of the Services and supersede all prior agreements or communications. The failure of Waterlily to exercise or enforce any right or provision shall not operate as a waiver.

15. Privacy Policy

Your access to and use of the Services is also governed by Waterlily’s Privacy Policy, last updated on February 15th, 2023. The Privacy Policy describes our practices concerning the information that Waterlily may collect from you, how Waterlily manages and utilizes that information, and the options and rights available to you with respect to your information. By using the Services, you consent to the collection, use, disclosure, and other handling of your information as described in the Privacy Policy, and you acknowledge and agree that your information may be transferred or processed in accordance with the Privacy Policy. You are encouraged to review the Privacy Policy regularly to stay informed of our information practices and the choices available to you.

16. Pilot Agreement and Evaluation Use

If you are accessing the Services during a Pilot Period as defined in the Pilot Agreement, your use is subject to both these Terms and the additional conditions outlined in the Pilot Agreement. The Services are provided for evaluation purposes, and you acknowledge that the Services, during the Pilot Period, are provided “as is” and “as available,” without representations, warranties, covenants, or conditions of any kind.

17. Payment and Fees

If fees are applicable, as outlined in the Pilot Agreement, payments must be made in U.S. Dollars and are subject to late payment interest. Waterlily reserves the right to suspend access to the Services for late or non-payment.

18. Termination and Effects 

The terms of termination, as well as obligations post-termination, are governed by these Terms and supplemented by the Pilot Agreement, where applicable. All rights granted to you under these Terms and the Pilot Agreement will cease immediately upon termination, and obligations regarding feedback and other conditions shall survive termination.

19. General Provisions

These Terms, and where applicable, the Pilot Agreement, constitute the complete agreement relating to the use of the Services. Any assignment or transfer of rights under these Terms without Waterlily’s prior written consent is prohibited. All communications and transactions may be conducted electronically, and notices must be given in writing to be effective.

Conclusion

By using the Services, you agree to be bound by these Terms, including all amendments and updates thereto. If you do not agree to these Terms, you are not authorized to use or access the Services. Ensure to periodically review these Terms to be aware of any updates or changes.

Last Updated

October 10th, 2023

CONTACT US

If you have any questions about this Terms of Service, please contact us at hello@joinwaterlily.com