Terms of Service

Grow your way!

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. PiQuadic Inc. Inc. (together with our affiliates, “PiQuadic Inc.”, “we”, or “us”) provides a produce-growing experience through the PiQuadic Inc. plant growing devices, plants and related products (the “PiQuadic Inc. Products”), services, subscriptions, content and features related to the PiQuadic Inc. devices, websites (the “PiQuadic Inc. Site(s)”) and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and PiQuadic Inc. controlled social media pages (including on Facebook, Instagram, LinkedIn, and Twitter). To make these Terms easier to read, the PiQuadic Inc. Subscriptions, Sites, and Apps, along with PiQuadic Inc. controlled social media pages, are collectively called the “PiQuadic Inc. Service” or “the Services”. By purchasing a PiQuadic Inc. Product, registering as a member, or by visiting, browsing, or using the PiQuadic Inc. Service in any way, you (”you” or the “user”) accept and agree to be bound by these Terms of Service (“Terms”) which, together with PiQuadic Inc.’s Privacy Policy, Return Policy, Limited Home Use Warranty and Subscription Terms, which are discussed below and incorporated herein, forms a binding agreement between you and PiQuadic Inc..

PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 20). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND PiQuadic Inc. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If you do not wish to be bound by these Terms, you may not purchase a PiQuadic Inc. Product nor access or use the PiQuadic Inc. Service. Certain elements of the PiQuadic Inc. Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the PiQuadic Inc. Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

  1. Who May Use the PiQuadic Inc. Service

Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the PiQuadic Inc. Service. Minors may use the PiQuadic Inc. Service and have access to the PiQuadic Inc. device provided that (a) they and their parent/guardian have signed a PiQuadic Inc. waiver and release; and (b) their parent/guardian is always present. We may, in our sole discretion, refuse to offer the PiQuadic Inc. Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you, and the right to access and use the PiQuadic Inc. Service is revoked where these Terms or use of the PiQuadic Inc. Service is prohibited or conflicts with any applicable law, rule or regulation.  Further, the PiQuadic Inc. Service is offered only for your personal, non-commercial use and not for the use or benefit of any third party.

  1. License to Use the PiQuadic Inc. Service

License. Subject to your compliance with these Terms, PiQuadic Inc. grants you a limited, non-transferable, non-exclusive, revocable license to access and use the PiQuadic Inc. Service for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the PiQuadic Inc. Service. This license is personal to you and may not be assigned or sub-licensed to anyone else.

Restrictions. Except as expressly permitted in writing by an authorized representative of PiQuadic Inc., you will not reproduce, redistribute, sell, create derivative works from, de-compile, reverse engineer, or disassemble the PiQuadic Inc. Service, nor will you take any measures to interfere with or damage the PiQuadic Inc. Service. All rights not expressly granted by PiQuadic Inc. in these Terms are reserved.

  1. Privacy

Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to learn about: What information we may collect about you, What we use that information for, and With whom we share that information.

  1. Subscription Requirements Registration

To enjoy full access to the PiQuadic Inc. Service, you must register as a member of the PiQuadic Inc. Service and enter into a subscription agreement for access to membership perks (a “Subscription”). Your Subscription is governed by the Subscription Terms. You must provide complete and accurate registration information to PiQuadic Inc., complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.

Profile Information and Picture. You may not use someone else’s name or any name, location, or other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable (in PiQuadic Inc.’s sole determination and discretion).

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the PiQuadic Inc. Service. If you become aware of unauthorized access to your account, change your password and notify our Support team immediately.

  1. Subscription Structure and Fees

PiQuadic Inc. will provide information on its subscription requirements on the PiQuadic Inc. Site and/or through the PiQuadic Inc. Service. Features and prices are subject to change.

  1. Sale of Products

PiQuadic Inc. accepts orders for the PiQuadic Inc. Home and other devices and accessories that we may offer through the PiQuadic Inc. Site or Apps. Unfortunately, the availability of products cannot be guaranteed. Please note that product, service, and other information provided is subject to corrections and changes without notice. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles, and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the PiQuadic Inc. Site or to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about PiQuadic Inc. products.

Use of Products and Consumption of Produce at USER’s Risk.  USER ASSUMES SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS OR DAMAGES OF BUYER OR ANY THIRD PARTY ARISING FROM USE OF THE PRODUCTS AND THE PiQuadic Inc. SERVICE AND PLANTS GROWN USING THE PRODUCT.  USER SHALL BE SOLELY RESPONSIBLE FOR, AND PiQuadic Inc. SHALL HAVE NO RESPONSIBILITY FOR (1) PROPERLY DISPOSING OF WASTES, PLANTS, AND OTHER MATERIALS RELATING TO OR ARISING FROM USE OF THE PRODUCTS AND (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM OR ALLEGED TO RESULT FROM THE PRODUCTS OR PiQuadic Inc. SERVICE OR EATING PRODUCE GROWN ON PiQuadic Inc. DEVICES.  (3) FUNGI, ALGAE, SEWAGE, BIOFILM,  NOXIOUS BACTERIA, CYANOBACTERIA, OTHER BIOLOGICAL GROWTH, OR ANY SPORES OR TOXINS FROM SUCH, THAT MAY DEVELOP FROM THE USE OF PiQuadic Inc. PRODUCTS OR SERVICE. USER IS SOLELY RESPONSIBLE FOR ENSURING THAT USER’S USE OF THE PRODUCTS AND PiQuadic Inc. SERVICE COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.

  1. Term and Termination; Account Deletion

Term. These Terms begin on the date you first use the PiQuadic Inc. Service and continue as long as you have an account with us and/or continue to use the PiQuadic Inc. Service. Termination. PiQuadic Inc. may, in PiQuadic Inc.’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if PiQuadic Inc. determines that you have violated these Terms or that your conduct or User Content would tend to damage PiQuadic Inc.’s reputation or goodwill. If PiQuadic Inc. deletes your account, you may not re-register for or use the PiQuadic Inc. Service under any other user name or profile. PiQuadic Inc. may block your access to the PiQuadic Inc. Service to prevent re-registration.

Effect of Termination / Account Deletion. Upon termination of these Terms, all licenses granted by PiQuadic Inc. will be terminated. The following sections survive termination: Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Safety Warnings, Intellectual Property, Arbitration & Class Action Waiver, Governing Law, and all general provisions. In the event of account deletion for any reason, User Content may no longer be available, and PiQuadic Inc. is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all Content or features provided through the PiQuadic Inc. Service. PiQuadic Inc., at its sole discretion, may make available a very limited amount of content or features to non-subscribers from time to time, and any use of that content is governed by these terms.

  1. User Content

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the PiQuadic Inc. Service and (ii) ”User Content” means any content that users (including you) provide to be made available through the PiQuadic Inc. Service. Content includes, without limitation, User Content. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the PiQuadic Inc. Service is at your own risk, and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties, or guarantees with respect to any Content that you access on or through the PiQuadic Inc. Service. As between you and PiQuadic Inc., you represent that you own (or have all rights necessary to grant PiQuadic Inc. the rights below to) all User Content that you submit to the PiQuadic Inc. Service and that PiQuadic Inc. will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant PiQuadic Inc. a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the PiQuadic Inc. Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to PiQuadic Inc. or through the PiQuadic Inc. Service about improving or adding new features or products to the PiQuadic Inc. Service or you otherwise provide feedback or testimonials, you hereby grant to PiQuadic Inc. a worldwide, perpetual, irrevocable non-exclusive, sub-licensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback and testimonials for any purpose, without any notice, compensation or other obligation to you. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on the PiQuadic Inc. Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

  1. Rights and Terms for Apps
    • a) Rights in App Granted. Subject to your compliance with these Terms, PiQuadic Inc. grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sub-license, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. PiQuadic Inc. reserves all rights in and to the App not expressly granted to you under these Terms.
    • b) Accessing the App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that: These Terms are between you and PiQuadic Inc., and not with the App Provider, and PiQuadic Inc. (not the App Provider) is solely responsible for the App. The App Provider has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PiQuadic Inc. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, PiQuadic Inc. will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism-related rules, whether applicable to you personally or to your location or other circumstances. You must also comply with all applicable third-party terms of service when using the App.
  2. General Prohibitions and PiQuadic Inc.’s Enforcement Rights

You agree not to do any of the following: a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances; b) Download and/or install any third party software and/or application on any PiQuadic Inc. hardware that is not expressly permitted by PiQuadic Inc. in writing; c) Use, display, mirror or frame the PiQuadic Inc. Service or any individual element within the PiQuadic Inc. Service, PiQuadic Inc.’s name, any PiQuadic Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PiQuadic Inc.’s express written consent; d) Access, tamper with, or use non-public areas of the PiQuadic Inc. Service, PiQuadic Inc.’s computer systems, or the technical delivery systems of PiQuadic Inc.’s providers; e) Attempt to probe, scan or test the vulnerability of any PiQuadic Inc. system or network or breach any security or authentication measures; f) Avoid, bypass, remove, deactivate, impair, de-scramble or otherwise circumvent any technological measure implemented by PiQuadic Inc. or any of PiQuadic Inc.’s providers or any other third party (including another user) to protect the PiQuadic Inc. Service or Content; g) Attempt to access, scrape or search the PiQuadic Inc. Service or Content or download Content from the PiQuadic Inc. Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by PiQuadic Inc. or other generally available third-party web browsers; h) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; i) Use any meta tags or other hidden text or metadata utilizing a PiQuadic Inc. trademark, logo URL or product name without PiQuadic Inc.’s express written consent; j) Use the PiQuadic Inc. Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by PiQuadic Inc.; k) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the PiQuadic Inc. Service or Content to send altered, deceptive or false source-identifying information; l) Attempt to decipher, de-compile, disassemble or reverse engineer any of the software used to provide the PiQuadic Inc. Service or Content; m) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the PiQuadic Inc. Service; n) Collect or store any personally identifiable information from the PiQuadic Inc. Service from other users of the PiQuadic Inc. Service without their express permission; o) Copy, use, disclose or distribute any information obtained from the PiQuadic Inc. Service, whether directly or through third parties (such as search engines), without PiQuadic Inc.’s express written consent; p) Impersonate or misrepresent your affiliation with any person or entity; q) Violate any applicable law or regulation; or r) Encourage or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the PiQuadic Inc. Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the PiQuadic Inc. Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the PiQuadic Inc. Service and PiQuadic Inc.’s systems. We reserve the right but are not obligated to remove or disable access to any Content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affect the PiQuadic Inc. Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  1. Member Interactions, Dealings with Third Parties

When interacting with other PiQuadic Inc. members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence, or personal or business dealings with any third party found on or through the PiQuadic Inc. Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that PiQuadic Inc. is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

  1. Indemnification

You agree to indemnify, defend, and hold harmless PiQuadic Inc. and its directors, officers, employees, and agents from and against all claims, damages, losses, and costs that arise from or relate to (i) your activities on the PiQuadic Inc. Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.

  1. Third-Party Software and applications

Downloading and/or installing any third-party software and/or applications that are not expressly authorized by PiQuadic Inc. on any PiQuadic Inc. hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and will void any applicable warranty or support commitments by PiQuadic Inc.

  1. Third-Party Links and Content

There may be links on the PiQuadic Inc. Service that let you leave the particular PiQuadic Inc. Service you are accessing in order to access a linked site that is operated by a third party. PiQuadic Inc. neither controls nor endorses any such sites, nor has PiQuadic Inc. reviewed or approved the content that appears on them. PiQuadic Inc. is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, or other materials on or available from any such third-party sites. You acknowledge and agree that PiQuadic Inc. is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.

  1. No Warranties

PiQuadic Inc. reserves the right to modify the PiQuadic Inc. Service, including, but not limited to, updating, adding to, enhancing, modifying, removing, or altering any Content or features of the PiQuadic Inc. Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the PiQuadic Inc. Service. PiQuadic Inc. has no obligation to screen or monitor any Content and does not guarantee that any Content available on the PiQuadic Inc. Service is suitable for all users or that it will continue to be available for any length of time. PiQuadic Inc. provides PiQuadic Inc. Services on an “AS IS” and “AS AVAILABLE” basis. You, therefore, use the PiQuadic Inc. Service at your own risk. Other than as expressly provided in writing by PiQuadic Inc. in connection with your purchase of a PiQuadic Inc. product, to the extent permitted by law, PiQuadic Inc. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, PiQuadic Inc. makes no representations or warranties: That the PiQuadic Inc. Service is or will be permitted in your jurisdiction; That the PiQuadic Inc. Service will be uninterrupted or error-free; Concerning any Content, including User Content; Concerning any third party’s use of User Content that you submit; That the PiQuadic Inc. Service will meet your personal or professional needs; or That PiQuadic Inc. will continue to support any particular feature of the PiQuadic Inc. Service.

Concerning sites and resources outside of the PiQuadic Inc. Service, even if linked to from the PiQuadic Inc. Service. To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE PiQuadic Inc. SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

  1. Limitation of Liability

To the fullest extent permitted by law: (i) PiQuadic Inc. shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the PiQuadic Inc. Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) PiQuadic Inc.’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to PiQuadic Inc. over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of PiQuadic Inc.’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between PiQuadic Inc. and you.

  1. Safety Warnings
  • The PiQuadic Inc. Home Devices and Services are designed for nutritional, educational, and entertainment purposes only in the framework of a family household in an indoor location.
  • The Device should be assembled and used only as directed in the manual and in the Application, including but not limited to the following instructions.  No electrical or electronic part should be opened and/or modified or damaged.  Only the original equipment from the OEM should be used.
  • There should always be enough water in any reservoir for the pump to be completely immersed in water.  If this is not the case, water should be added to cover the pump, and the pump should be stopped manually in the meantime.
  • The Device should be firmly attached to the wall with the two safety straps included in the device at the top of the columns and under the wood board.
  • The Device should be used in a dry location inside the house. Apart from the pump and its cord, no electrical or electronic part of the Device should be in contact with water or any other liquid. If water or any liquid falls on the power supply, the LED lights, or any other electronic/electrical part, the Device should be immediately unplugged and the affected parts replaced.
  • Never put water in the tank in excess of the Max level indicator. Always maintain the integrity of the reservoir and do not damage the reservoir structure in order to avoid any leakage.
  • PiQuadic Inc. declines any responsibility for any water spillage in filling or using the Device and any damage resulting therefrom.
  • The Device should not be used by children without adult supervision. No pet or other animal should be left near the Device without proper supervision.
  • When growing plants, always use potable water and the nutrients provided by PiQuadic Inc.. Do not add, pour, or spray any substance that could become toxic in the reservoir, on the plastic parts, or on the plants.
  • Always ensure a minimum of 15 minutes of watering per day to avoid leaving water in the tank and possible resulting growth of algae or bacteria. Do not leave standing water in your tank if your device is unplugged or turned off or if the watering feature is disabled. Always close all the slots and openings of the Device to avoid light reaching the inside of the Device and again promoting algae growth.
  • Check the water function of your device regularly to ensure proper water flow. If the flow of water is not sufficient, anaerobic conditions can develop. PiQuadic Inc. does not accept any responsibility for any noxious biological growth that might arise from anaerobic conditions.
  • Keep your PiQuadic Inc. Home in a place that is safe, dry, and protected from pests, bugs, and fungi. Clean the various parts of the Device on a regular basis to avoid any proliferation of pests.
  • Do not consume parts of plants that would not be edible or about which you may have doubts or any allergies.
  • If you have any doubt about the quality or the edible nature of a plant or plant thereof, abstain from consuming it and throw it away.
  • The consumption of produce grown on a Device is your own responsibility. PiQuadic Inc. declines any responsibility for the consumption of plants grown on the PiQuadic Inc. Device.
  1. Intellectual Property

You acknowledge that the PiQuadic Inc. Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All PiQuadic Inc.-generated content and content provided to PiQuadic Inc. by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions; further, as between you and PiQuadic Inc., PiQuadic Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of all content in the PiQuadic Inc. Service. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the PiQuadic Inc. Service, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices and are in compliance with these Terms. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the PiQuadic Inc. Service, PiQuadic Inc. hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the PiQuadic Inc. Service for your personal, non-commercial use of the PiQuadic Inc. Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the PiQuadic Inc. Service, including the use of any such content on any other website or networked computer environment, is strictly prohibited. The PiQuadic Inc. name, logos, and affiliated properties, designs, and marks are the exclusive property of PiQuadic Inc. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained in the PiQuadic Inc. Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trade names, trademarks, or other intellectual property without our express prior written consent. Any other trademarks appearing on the PiQuadic Inc. Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the PiQuadic Inc. Service. All rights not expressly granted in these Terms are reserved.

  1. Copyright / DMCA Policy

PiQuadic Inc. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third-party copyright or other intellectual property rights. If properly notified that any materials infringe a third party’s copyright, PiQuadic Inc. will promptly remove such materials from the PiQuadic Inc. Site in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”), the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other jurisdictions. In addition, PiQuadic Inc. may, when appropriate, terminate the accounts of repeat copyright infringers. Filing a DMCA, CDPA, or DEA Notice (or equivalent legal notice) to Remove Copyrighted Content – for Copyright Holders: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information: Your name, address, telephone number, and email address. A description of the copyrighted work that you claim has been infringed. A description of where on the PiQuadic Inc. Site the material that you claim is infringing may be found sufficient for PiQuadic Inc. to locate the material (e.g., the URL). A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Your electronic or physical signature. You may submit this information, or any counter-notice, via: Email, with the subject line “Copyright Notices” to: support-copy@piquadic.com Offline: PiQuadic Inc., 1300 S. Polk St, Suite 295, Dallas, Texas 75224 Attn: Copyright Agent PiQuadic Inc. may disclose any communications concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material. If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information. If you have questions about the legal requirements of a CPDA, DEA, or other applicable copyright notice, you should consult a legal advisor such as a solicitor and obtain professional legal advice and/or representation.

  1. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW. 
    • a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and PiQuadic Inc. agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the PiQuadic Inc. entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that you and PiQuadic Inc. are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
    • b) Exceptions and Opt-out. As limited exceptions to Section 20(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies, and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by regular mail sent to the attention of PiQuadic Inc.’s Legal Department at the PiQuadic Inc. address set out below within thirty (30) days following the date you first agree to these Terms.
    • c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form of Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
    • d) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. PiQuadic Inc. will pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than U.S. $10,000 unless the arbitrator finds your Dispute to be frivolous. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
    • e) Class Action Waiver. YOU AND PiQuadic Inc. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 20 shall be null and void.
    • f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification”, if PiQuadic Inc. changes any of the terms of this Section 20 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or the date of PiQuadic Inc.’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PiQuadic Inc. in accordance with the terms of this Section 20 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
    • g) Severability. With the exception of any of the provisions in Section 20(e) above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
  2. Contracting Entities, Governing Law and Jurisdiction

All users are contracting with PiQuadic Inc. unless otherwise specified in these Terms. These Terms shall be governed by the laws of the State of Texas, United States of America, without regard to principles of conflicts of law. If your contract for the PiQuadic Inc. Service is with another PiQuadic Inc. entity, these terms shall be governed by the laws of the jurisdiction under which that PiQuadic Inc. entity is incorporated, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Subject to the agreements in Section 20 above, (i) if your contract for the PiQuadic Inc. Service is with PiQuadic Inc., exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Texas United States of America, and you consent to the jurisdiction of those courts, and (ii) if your contract for the PiQuadic Inc. Service is with another PiQuadic Inc. entity, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the courts located in the jurisdiction under which that PiQuadic Inc. entity is incorporated, and you consent to the jurisdiction of those courts.

  1. Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by PiQuadic Inc. in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PiQuadic Inc. PiQuadic Inc.’s rights and remedies hereunder are cumulative and not exclusive.

  1. Successors; Assignment; No Third Party Beneficiaries

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without PiQuadic Inc.’s prior written consent. PiQuadic Inc. may assign its rights, obligations, and/or these Terms at any time without notice.

  1. Notices

You consent to receive all communications, including notices, agreements, disclosures, or other information, electronically from PiQuadic Inc. PiQuadic Inc. may communicate by email or by posting to the PiQuadic Inc. Service. For support-related inquiries, you may email Support. For all other notices to PiQuadic Inc., write to the following addresses: U.S. and Canadian Residents: PiQuadic Inc., 1300 S. Polk St, Suite 295, Dallas, TX 75224, USA Attn: Legal Department Nothing in these Terms or otherwise limits PiQuadic Inc.’s right to object to subpoenas, claims, or other demands.

  1. Modification

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the PiQuadic Inc. Site and/or through the PiQuadic Inc. Service. Modifications will be effective on the date that they are posted to the PiQuadic Inc. Site. It’s important that you review the Terms whenever we update them before you use the PiQuadic Inc. Service. If you continue to use the PiQuadic Inc. Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(f) “Effect of Changes on Arbitration,” you may not use the PiQuadic Inc. Service anymore. Because the PiQuadic Inc. Service is evolving over time, we may change or discontinue all or any part of the PiQuadic Inc. Service at any time and without notice, at our sole discretion.

  1. Entire Agreement

These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the PiQuadic Inc. Site from time to time: Privacy Policy, Subscription Terms, and Warranty Return Policy.  In the event of a conflict between any policies posted on the PiQuadic Inc. Service and these Terms, these Terms will be controlled. These Terms represent the entire understanding between PiQuadic Inc. and you regarding the PiQuadic Inc. Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

  1. Force Majeure

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

Mobile Terms of Service – Updated 8/1/2024

The PiQuadic Inc. mobile message service (the “Service”) is operated by PiQuadic Inc. (“PiQuadic Inc.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to PiQuadic Inc.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of PiQuadic Inc. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with PiQuadic Inc. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword command STOP to +1 (469) 730-6288 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other PiQuadic Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you must opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP at +1 (469) 730-6288 or email support@piquadic.com.

We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests you send to a short code or telephone number we have changed, may not be received, and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you must sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.