Terms of Service

Effective Date: April 28, 2026
Last Updated: April 28, 2026

1. Acceptance of These Terms

These Terms of Service (“Terms”) govern your access to and use of the public-facing websites, online services, products, and other offerings provided by HYDR8 (“HYDR8,” “we,” “us,” or “our”), including but not limited to:

• The website at https://www.hydr8.us and its public-facing subdomains: shop.hydr8.us, water.hydr8.us, and sustainability.hydr8.us.
• The online shop at shop.hydr8.us.
• The water quality reporting tool at water.hydr8.us.
• The sustainability reporting tool at sustainability.hydr8.us.
• Marketing communications and online content.

These Terms do not govern HYDR8 internal subdomains that are access-restricted to HYDR8 personnel, nor do they govern single-tenant customer portals operated under separate commercial arrangements.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.

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, and “you” refers to that entity.

2. Definitions

• “Services” means the websites, online services, products, and offerings described in Section 1.
• “Service Agreement” means a separately executed written agreement between HYDR8 and a customer for the lease, rental, or subscription of bottleless water filtration equipment, coffee program equipment, or related services.
• “Equipment” means bottleless water dispensers, coffee machines, filtration systems, and related hardware provided by HYDR8 under a Service Agreement.
• “User Content” means any content you submit, post, or upload to the Services, including form submissions, reviews, and communications.
• “Content” means the text, graphics, images, logos, trademarks, software, and other materials available through the Services, excluding User Content.

3. Description of Services

HYDR8 provides:

• Bottleless Water and Coffee Programs: Leased equipment and associated services under signed Service Agreements. Service-specific terms (including pricing, term length, renewal, maintenance, service levels, and early termination) are governed by your signed Service Agreement, not these Terms.
• E-Commerce: Consumer and small-business purchases at shop.hydr8.us.
• Water Quality Reporting Tool: An informational tool at water.hydr8.us that provides water quality reports based on third-party public data sources.
• Sustainability Reporting Tool: A public-facing dashboard at sustainability.hydr8.us that presents HYDR8’s estimated environmental impact metrics and progress toward stated sustainability goals.
• Content and Educational Materials: Blog posts, white papers, videos, and related content about water quality, filtration, and hydration.
• Marketing Communications: Email newsletters, promotional offers, event invitations.

HYDR8 reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

4. Eligibility

You must be at least 18 years old to use the Services. If you are under 18, you may not use the Services. If you are accepting these Terms on behalf of a business or organization, you must have authority to bind that entity.

5. Accounts

Some Services (such as e-commerce purchases at shop.hydr8.us) may require you to create an account. You agree to:

• Provide accurate, current, and complete information.
• Keep your account credentials confidential and not share them with third parties.
• Notify HYDR8 promptly of any unauthorized use of your account.
• Accept responsibility for all activities conducted under your account.

HYDR8 may suspend or terminate your account at any time in accordance with Section 19.

6. Orders, Pricing, and Payment

(a) Product Orders via shop.hydr8.us

Orders placed through shop.hydr8.us are fulfilled through the Shopify platform. By placing an order, you agree to:

• Pay all fees, taxes, shipping charges, and applicable surcharges at checkout.
• The additional merchant terms of Shopify Inc., applicable to e-commerce transactions.

Prices are listed in U.S. dollars unless stated otherwise and are subject to change without notice. HYDR8 reserves the right to correct pricing errors and to refuse or cancel any order, including orders with incorrect pricing, suspected fraud, or insufficient stock.

(b) Service Agreements

Leases, rentals, and subscriptions for Equipment are governed by separately executed Service Agreements, not by these Terms. In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement controls for matters within its scope.

(c) Taxes

You are responsible for all applicable sales, use, and other taxes arising from your transactions with HYDR8, unless HYDR8 is legally required to collect them.

7. Equipment Ownership, Installation, and Return

(a) Ownership

Equipment leased or rented to a customer remains the exclusive property of HYDR8 (or its suppliers, where applicable) at all times. You acquire no ownership interest in Equipment by paying lease or subscription fees. Title to Equipment does not transfer to the customer unless expressly stated in a separate purchase agreement.

(b) Installation and Maintenance

Installation, maintenance, repair, filter changes, and sanitization of leased Equipment are performed by HYDR8’s field service technicians or authorized service partners. You agree to provide reasonable access to the installation site for these activities.

(c) Customer Responsibilities

You agree to:

• Use Equipment in accordance with HYDR8’s instructions.
• Refrain from tampering with, modifying, relocating (without HYDR8’s consent), or allowing unauthorized third parties to service Equipment.
• Notify HYDR8 promptly of any malfunction, damage, or need for service.
• Maintain the premises where Equipment is installed in a condition suitable for its operation.

(d) Return of Equipment

Upon termination of any Service Agreement, you will return Equipment to HYDR8 in the condition it was provided (reasonable wear and tear excepted) or allow HYDR8 to retrieve it. You remain responsible for loss of or damage to Equipment beyond reasonable wear and tear, as set forth in the applicable Service Agreement.

8. Water Quality Reporting Tool (water.hydr8.us)

The water quality tool at water.hydr8.us provides informational summaries of water quality data drawn from public sources, including the U.S. Environmental Protection Agency (EPA) Safe Drinking Water Information System (SDWIS), utility-published Consumer Confidence Reports (CCRs), the California Office of Environmental Health Hazard Assessment (OEHHA), and similar public records.

IMPORTANT NOTICES:

• The tool is for informational purposes only and is not a substitute for official water testing, medical advice, legal advice, or guidance from your water utility.
• HYDR8 does not independently verify third-party source data. Data may be outdated, incomplete, or inaccurate.
• HYDR8 does not guarantee that the water in any location is safe or unsafe based on the tool’s output. You should consult your water utility, conduct your own testing, or consult a qualified professional for any health, safety, or legal determination.

Your use of the tool is at your own risk, subject to the Disclaimer of Warranties in Section 16 and the Limitation of Liability in Section 17.

9. Sustainability Reporting Tool (sustainability.hydr8.us)

The sustainability reporting tool at sustainability.hydr8.us presents HYDR8’s estimated environmental impact metrics, including estimated waste diversion, single-use plastic bottle reduction, and progress toward stated sustainability goals. These metrics are calculated using published industry constants, HYDR8’s internal fleet and transaction data, and documented methodology assumptions.

IMPORTANT NOTICES:

• The figures shown on sustainability.hydr8.us are estimates, not audited figures. They represent HYDR8’s good-faith calculation of approximate environmental impact using stated assumptions and third-party data points that may be updated, revised, or refined over time.
• The figures are intended to communicate HYDR8’s approximate environmental impact and goal progress to customers, partners, and the general public. They are NOT intended for regulatory reporting, investor disclosures, ESG audits, compliance filings, or any other purpose requiring attested or audited data.
• HYDR8 may update methodology, underlying assumptions, source data, or presented figures at any time without prior notice.
• No warranty or representation is made that the figures are precise, current, complete, audited, or suitable for any specific purpose.

Your use of the sustainability reporting tool is at your own risk, subject to the Disclaimer of Warranties in Section 16 and the Limitation of Liability in Section 17.

10. Content, Blog Posts, and Educational Materials

HYDR8 publishes content about water quality, filtration, hydration, and related topics at hydr8.us. This content:

• Is provided for general informational and educational purposes only.
• Is not medical, legal, scientific, or professional advice.
• May reference studies, news coverage, or third-party research that HYDR8 does not independently verify.
• May become outdated.

You should not rely on Content for any decision having health, legal, financial, or business consequences without consulting qualified professionals.

11. Acceptable Use

You agree that you will not:

• Use the Services in any manner that violates applicable law or regulation.
• Upload or transmit viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to the Services, user accounts, or HYDR8 systems.
• Interfere with the proper functioning of the Services (including by denial-of-service attacks, scraping, or automated data collection beyond what is permitted).
• Impersonate any person or entity or misrepresent your affiliation.
• Use the Services to harass, abuse, threaten, or harm any person.
• Reverse-engineer, decompile, or disassemble any software provided through the Services.
• Use the Services to develop a competing product or service.
• Collect or harvest personal information about other users.
• Reproduce, duplicate, copy, sell, or exploit any portion of the Services in a commercial context without our express written permission.

HYDR8 reserves the right to investigate suspected violations and take appropriate action, including suspension or termination of access.

12. Intellectual Property

(a) HYDR8 IP

All Content made available through the Services is the property of HYDR8 or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. HYDR8 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal or internal business purposes, subject to these Terms.

(b) Trademarks

Elimin8™ and Zer0 Waste Pantry™ are trademarks of HYDR8 with trademark applications currently pending before the United States Patent and Trademark Office. HYDR8, CAFFEIN8, ACTIV8, Invigor8 Boost, and other brand names, logos, and designs used by HYDR8 are unregistered common-law trademarks of HYDR8. Other trademarks displayed on the Services are the property of their respective owners. You may not use any HYDR8 trademark, registered or unregistered, without our prior written consent.

(c) Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant HYDR8 a non-exclusive, worldwide, perpetual, royalty-free license to use that feedback for any purpose without obligation to you.

(d) User Content

You retain ownership of any User Content you submit. By submitting User Content, you grant HYDR8 a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the User Content in connection with operating and promoting the Services. You represent that you have all rights necessary to grant this license.

13. Third-Party Services and Links

The Services may contain links to third-party websites, services, or resources. HYDR8 is not responsible for the content, accuracy, privacy practices, or availability of any third-party service. Your use of third-party services is subject to their own terms and policies.

14. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

15. Electronic Communications

By using the Services, you consent to receive communications from HYDR8 electronically, including via email, SMS (if applicable), and through the Services. You agree that all notices, disclosures, and other communications HYDR8 provides to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of marketing emails by clicking the unsubscribe link in any email. Transactional communications related to a Service Agreement or active order cannot be opted out of without terminating the related service.

16. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN A SIGNED SERVICE AGREEMENT, THE SERVICES AND ALL CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HYDR8 DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

HYDR8 DOES NOT WARRANT THAT:

• THE SERVICES WILL MEET YOUR REQUIREMENTS.
• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not allow the exclusion of certain warranties. If these exclusions are prohibited under applicable law, they apply to the maximum extent permitted.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYDR8 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.
• DAMAGES ARISING FROM RELIANCE ON CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING THE WATER QUALITY REPORTING TOOL AND THE SUSTAINABILITY REPORTING TOOL.

IN NO EVENT WILL HYDR8’S TOTAL LIABILITY EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO HYDR8 IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (II) ONE HUNDRED DOLLARS ($100).

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if HYDR8 has been advised of the possibility of such damages. Some jurisdictions do not allow these limitations; in those jurisdictions, liability is limited to the maximum extent permitted.

Nothing in these Terms limits liability that cannot be limited by law (including for gross negligence, willful misconduct, or personal injury caused by HYDR8’s negligence).

18. Indemnification

You agree to indemnify, defend, and hold harmless HYDR8 and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any third-party right, including intellectual property or privacy rights.
• Any User Content you submit.

HYDR8 reserves the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate in asserting available defenses.

19. Termination

HYDR8 may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination:

• Your right to access and use the Services ends.
• Provisions of these Terms that by their nature should survive termination will survive, including Sections 7(d), 12, 14, 16, 17, 18, 20, 22, and 24 through 30.
• Termination of access does not terminate any signed Service Agreement, which is governed by its own terms.

20. Force Majeure

HYDR8 will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil disturbance, labor disputes, governmental actions, utility failures, supply chain disruptions, or failures of third-party service providers.

21. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. You and HYDR8 submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York, for the resolution of any disputes arising out of or related to these Terms or the Services, except as provided in Section 22.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

22. Dispute Resolution

(a) Informal Resolution

Before filing any formal proceeding, you agree to attempt to resolve disputes informally by contacting HYDR8 at info@hydr8.us and providing a written description of the dispute. HYDR8 will attempt to resolve the issue within thirty (30) days.

(b) Formal Proceedings

If informal resolution does not resolve the dispute, either party may bring a formal proceeding in the courts identified in Section 21.

(c) Time Limit

Any claim arising out of or related to these Terms or the Services must be filed within one (1) year after the claim accrues, or it is permanently barred.

23. Modifications to These Terms

HYDR8 may modify these Terms at any time by posting the updated Terms on the Services and updating the “Last Updated” date. Material changes will be communicated through additional notice (such as a banner on the Services or email to registered users). Your continued use of the Services after modifications constitutes acceptance of the updated Terms.

24. Assignment

You may not assign or transfer these Terms or any rights under them without HYDR8’s prior written consent. HYDR8 may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

25. Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

26. Waiver

Failure by HYDR8 to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

27. Entire Agreement

These Terms, together with the Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and HYDR8 regarding the Services and supersede all prior agreements relating to the same subject matter, except as expressly noted.

28. Notices

Notices to HYDR8 must be sent to:

HYDR8
Attn: Legal
329 38th Street, 2nd Floor
Brooklyn, NY 11232
Email: info@hydr8.us

Notices to you may be sent to the email or physical address associated with your account or communications with HYDR8.

29. Relationship of the Parties

Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship between you and HYDR8.

30. Contact

For questions about these Terms:

HYDR8
329 38th Street, 2nd Floor
Brooklyn, NY 11232
Email: info@hydr8.us
Phone: 718-313-0113