Contents
1. Acceptance of Terms
By accessing or using FacilityH2O ("the Service"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
If you do not agree to these Terms, do not access or use the Service. These Terms constitute a legally binding agreement between you and FacilityH2O (a pending LLC owned by Antoine Riley).
2. Description of Service
FacilityH2O is a cloud-based Software as a Service (SaaS) platform designed for water chemistry compliance tracking in commercial, healthcare, and hospitality environments. The Service enables facilities to log and analyze water chemistry readings, monitor compliance with ASHRAE 188 and The Joint Commission standards, generate alerts for out-of-range values, and produce compliance reports.
⚠️ The Service is intended for facility infrastructure management only. It is not a clinical system and does not interface with patient care systems or electronic health records.
3. Subscription Plans & Billing
| Plan | Price | Highlights |
|---|---|---|
| Starter | $49/month | Up to 3 facilities, 5 users, standard reporting |
| Professional | $149/month | Up to 10 facilities, 25 users, email alerts, advanced reporting |
| Enterprise | $299/month | Unlimited facilities & users, API access, 99% SLA, priority support |
Subscription fees are billed monthly in advance in U.S. dollars. Payment is processed via Stripe. Invoices are delivered electronically to the billing email on file. You are responsible for all applicable taxes.
4. Free Trial
New customers are eligible for a 14-day free trial of the Professional plan. No credit card required. One free trial per organization. Trial accounts are subject to all terms of this Agreement. Upon expiration, select a paid plan to continue; your data is retained for 30 days after trial end.
5. Cancellation & Refund Policy
You may cancel your subscription at any time by providing 30 days' written notice to antoine.riley@facilityh2o.com or via your account settings. Cancellation takes effect at the end of the billing period following the 30-day notice.
Subscription fees are generally non-refundable. Pro-rata refunds are issued at our discretion in cases of documented service outages exceeding SLA thresholds (Enterprise only), or if we terminate your account due to our own material breach.
Upon cancellation, you have 30 days to export your data before permanent deletion.
6. Data Ownership
You own your data. You retain full ownership of all water chemistry data, facility information, readings, reports, and other content you upload or generate through the Service ("Customer Data"). We claim no ownership rights over your data.
By using the Service, you grant us a limited license to store, process, and transmit Customer Data solely as necessary to provide the Service. You may export your data at any time in standard formats (CSV, PDF).
7. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of applicable regulations
- Upload or transmit malicious code, viruses, or harmful content
- Store, transmit, or process Protected Health Information (PHI) as defined under HIPAA
- Reverse engineer, decompile, or attempt to extract the source code of the Service
- Resell, sublicense, or transfer access to the Service without prior written consent
- Attempt to gain unauthorized access to the Service or its infrastructure
- Use the Service in a manner that interferes with its integrity or performance
8. Uptime & Service Levels
We target best-effort availability for Starter and Professional plans. Enterprise plan customers are entitled to a 99% monthly uptime guarantee.
| Monthly Uptime | Service Credit |
|---|---|
| 98–98.99% | 5% of monthly fee |
| 95–97.99% | 10% of monthly fee |
| Below 95% | 25% of monthly fee |
SLA credits must be requested within 30 days of the incident. Excludes scheduled maintenance.
9. Intellectual Property
All software, algorithms, designs, trademarks, and content comprising the Service (excluding Customer Data) are the exclusive intellectual property of Antoine Riley / FacilityH2O. Nothing in these Terms transfers any ownership of our intellectual property to you. "FacilityH2O" and associated logos are trademarks of Antoine Riley.
10. Limitation of Liability
To the maximum extent permitted by law, FacilityH2O shall not be liable for indirect, incidental, special, consequential, or punitive damages. Our total aggregate liability for any claims shall not exceed the greater of the fees paid by you in the three months preceding the claim or $500.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. WATER CHEMISTRY COMPLIANCE IS THE CUSTOMER'S RESPONSIBILITY — THE SERVICE IS A TOOL TO ASSIST, NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT.
12. Indemnification
You agree to indemnify and hold harmless FacilityH2O and its owner from claims, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Service in violation of these Terms, your violation of applicable laws, or any claim that your Customer Data infringes third-party rights.
13. Governing Law
These Terms are governed by the laws of the State of Maryland, without regard to conflict-of-law principles. Disputes shall be resolved in state or federal courts in Maryland.