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TIDONIX TERMS OF SERVICE & SYSTEM USAGE AGREEMENT

Document Revision: 1.2.0
Effective Date: October 12, 2026
Last Revised: November 2, 2026
IMPORTANT NOTICE: THIS AGREEMENT GOVERNS YOUR USE OF ALL TIDONIX HARDWARE CONTROLLERS, FIRMWARE, MOBILE APPLICATIONS ("TIDONIX CONTROL"), CLOUD COMMUNICATION CHANNELS, AND WEB DASHBOARD PLATFORMS OPERATED BY TIDONIX LLC. BY CONNECTING HARDWARE, INSTALLING THE APP, OR CREATING AN ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING BINDING ARBITRATION AND A WAIVER OF CLASS ACTION CLAIMS IN SECTION 15. SECTION 8 EXPLAINS, IN PLAIN LANGUAGE, WHAT DATA THE SYSTEM COLLECTS AND HOW WE USE IT.

1. The Tidonix Ecosystem & Parties

This Agreement is entered into by and between you ("User", "Operator", or "Client") and Tidonix LLC ("Tidonix", "we", "us", or "our"), a Texas limited liability company. This Agreement applies uniformly to: (a) physical Tidonix hardware automation units, boards, enclosures, and accessories ("Hardware"); (b) the TidoniX Control mobile application ("Mobile App"); (c) local Bluetooth Low Energy (BLE) and Wi-Fi provisioning utilities; (d) the cloud-hosted device management broker and APIs; and (e) the Tidonix browser-based commercial fleet dashboard ("Web Dashboard").

2. Intended Use, Installation & DIY Assumption of Risk

Tidonix Hardware is a low-voltage supervisory controller powered by external Class 2 supplies. Strict installation and application protocols apply:

3. Alpha/Beta Evaluation Hardware & Pre-Release Software

Tidonix may provide early-access users with pre-release prototype hardware ("Evaluation Units") and beta mobile application software ("Beta Software"). If you are utilizing an Evaluation Unit, the following strict conditions apply:

4. System Limitations: Not a Life-Safety Device & Mandatory Independent Safeties

Although Tidonix LLC meticulously engineers, tests, and quality-controls our hardware and software, no complex electronic system is entirely immune to software bugs, component degradation, unexpected glitches, or hardware design flaws. Unless a specific Tidonix product is explicitly marketed, labeled, and certified in writing by Tidonix LLC as a primary life-safety protection system, it is strictly a supervisory controller and NOT a replacement for primary safety devices or emergency shutoffs.

5. User Infrastructure Duties, Surge Protection & Power Interruptions

The Tidonix System requires a continuous, secure, and stable internet connection and a reliable electrical power source to function properly. Providing and maintaining this secure network, a stable power grid, and adequate electrical surge protection is the 100% sole responsibility of the user.

6. Third-Party Equipment, Required Certifications & EMI Hazards

When orchestrating third-party equipment (such as Variable Speed Pumps, actuators, heaters, or electrolytic salt cells via digital relays or RS-485 interfaces):

7. Third-Party Integrations, External Data (Weather/APIs) & Limited Data Transmission

The Tidonix System integrates with external third-party service providers, cloud infrastructure, and data platforms—including but not limited to cloud computing brokers (e.g., Amazon Web Services / AWS), meteorological and weather data feeds (e.g., the National Weather Service / NOAA and commercial weather APIs), geocoding services (e.g., Google Maps API), voice assistants (e.g., Amazon Alexa), and any other third-party services Tidonix LLC currently uses or may implement in the future, with or without prior notice.

8. Your Data, Privacy & System Records

To run your pool safely, keep the system up to date, and support you, the Tidonix controller, the mobile app, and the web dashboards collect some information and send it to Tidonix's secure cloud servers (currently hosted by Amazon Web Services in the United States). This section explains, in plain language, what that information is and how we handle it. More detail, including how to exercise your privacy rights, is in our Privacy Policy.

9. Commercial Accounts, Billing & Account Deletion

Certain advanced fleet management capabilities, alerts, and multi-tenant reporting features may require paid subscriptions processed via third-party billing providers. Subscriptions renew automatically unless canceled prior to the billing cycle cutoff.

10. Intellectual Property, Cloud Access & Software License

All software, firmware binaries, mobile applications, dashboard code, user interfaces, schematics, and the "TIDONIX" mark, logos, and trade dress are the exclusive intellectual property of Tidonix LLC. You acknowledge and agree that all Tidonix firmware, software, and cloud applications are provided under license, and are not sold to you. Tidonix grants the original purchaser a revocable, non-exclusive, non-transferable license to run the embedded firmware and client applications solely on authorized Tidonix hardware. Reverse engineering, decompiling, extracting firmware, or deploying unauthorized clone hardware against Tidonix cloud infrastructure is strictly prohibited.

11. Independent Service Providers ("Link" Feature)

The Tidonix Platform may provide diagnostic bridging tools enabling pool service companies to access client equipment data.

Tidonix LLC is not an employer, broker, insurer, or guarantor of any third-party pool service contractor. Any agreement, billing dispute, physical property damage, or chemical misapplication caused by an independent contractor is strictly between the User and said provider. You agree to release Tidonix LLC from any legal claims or liabilities arising out of third-party contractor actions.

12. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 2 OF THIS AGREEMENT OR IN A WRITTEN LIMITED WARRANTY ACCOMPANYING THE HARDWARE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TIDONIX HARDWARE, FIRMWARE, MOBILE APPLICATION, AND CLOUD SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIDONIX LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. TIDONIX DOES NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED, SECURE, OR BUG-FREE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TIDONIX LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES—INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, PROPERTY DAMAGE, POOL CRACKING, PLUMBING RUPTURE, CHEMICAL SURFACE ETCHING, WATER LOSS, ELECTRICAL OVERLOAD, OR INJURY—ARISING FROM THE USE OF OR INABILITY TO USE THE SYSTEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF TIDONIX LLC EXCEED THE ACTUAL AMOUNT PAID BY THE USER FOR THE SPECIFIC TIDONIX HARDWARE CONTROLLER UNIT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless Tidonix LLC, its parents, officers, and successors from and against any third-party claims, liabilities, losses, damages, fines, and legal expenses (including reasonable attorney fees) arising from: (a) your use or misuse of the Tidonix Hardware, App, or Dashboard; (b) improper or non-code-compliant electrical installation; (c) your violation of these Terms; or (d) any physical incident occurring on the swimming pool premises.

15. Governing Law, Venue, & Mandatory Arbitration

This Agreement is governed by and construed under the laws of the State of Texas, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to this Agreement or the Tidonix System shall be resolved through confidential, binding arbitration administered by the American Arbitration Association (AAA) in Tarrant County, Texas.

Class Action Waiver: YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING.

16. Force Majeure

Tidonix LLC shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, severe weather, freezing events, natural disasters, power grid failures, internet service provider (ISP) outages, third-party cloud infrastructure outages (e.g., Amazon Web Services), strikes, or governmental actions.

17. Time Limitation on Claims

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE TIDONIX SYSTEM MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. Severability & Entire Agreement

These Terms constitute the entire agreement between you and Tidonix LLC regarding the use of the Tidonix Hardware, Software, and Cloud Services, superseding any prior agreements. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

19. Modifications to Terms of Service

Tidonix LLC reserves the right, at our sole discretion, to modify, amend, or replace this Agreement at any time. While we may elect to notify active users of material changes via email, dashboard alerts, or in-app notifications, we are under no legal obligation to provide advance notice of any modifications.

20. Contact Information

For inquiries regarding these Terms, contact:
Tidonix LLC
Legal & Compliance Department
Email: [email protected]
Website: https://tidonix.com