Terms and Conditions

Terms and Conditions (“Terms”)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.osmosyswater.com website and the Osmosys Water Service (the “Service”) operated by Osmosys (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Osmosys cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Osmosys customer support team at subscriptions@www.myOsmosyssubscription.com. If you cancel your subscription, your cancellation will be effective at the end of the current billing period and you will not be billed again. There will be no pro-rata refunds of monthly subscription fees.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Osmosys with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Osmosys to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Osmosys will consider the subscription cancelled and the customer will have to sign up again to re-instate.

Osmosys may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You will be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Osmosys until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Osmosys reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Osmosys, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Osmosys will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Osmosys.

Osmosys has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Osmosys shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Osmosys and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Osmosys, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Osmosys its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Barcelona, Spain, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Privacy Policy

Osmosys (“us”, “we”, or “our”) operates the www.osmosys.eu website and the Osmosys refill sttions (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at www.osmosys.eu

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, postal address (“Personal Information”).

We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.

Log Data

We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

Do Not Track Disclosure

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Business Transaction

If Osmosys is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.

Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

This Privacy Policy is effective as of September 20, 2016 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Terms and Conditions (“Terms”)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.osmosys.eu website and the Osmosys refill stations (the “Service”) operated by Osmosys (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Osmosys cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Osmosys customer support team at hola@osmosys.eu. If you cancel your subscription, your cancellation will be effective at the end of the current billing period and you will not be billed again. There will be no pro-rata refunds of monthly subscription fees.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Osmosys with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Osmosys to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Osmosys will consider the subscription cancelled and the customer will have to sign up again to re-instate.

Osmosys may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You will be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Osmosys until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Osmosys reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Osmosys, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Osmosys will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Osmosys.

Osmosys has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Osmosys shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Osmosys and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Osmosys, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Osmosys its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Barcelona, Spain, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Privacy Policy

Osmosys (“us”, “we”, or “our”) operates the www.osmosys.eu website and the Osmosys refill stations (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at www.osmosys.eu

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, postal address (“Personal Information”).

We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.

Log Data

We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

Do Not Track Disclosure

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Business Transaction

If Osmosys is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.

Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

This Privacy Policy is effective as of January 1st, 2020 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us.

General Terms and Conditions

Osmosys General Terms and Conditions

 

1. Delivery & Acceptance Certificate; Fees

Upon each installation of the Osmosys Osmo Purifier (collectively, “Equipment”), Customer shall execute a Delivery & Acceptance Certificate. The contract will commence thereafter. Customer hereby authorizes any family member or employee of Customer present at the installation of Equipment to execute the Delivery & Acceptance Certificate on behalf of Customer. Customer is responsible for all fees and costs outlined on the Order Confirmation. Unless specified in Special Provisions otherwise, all costs and fees will be due and payable to Osmosys. If Customer is paying by any method other than credit card, Osmosys will invoice Customer for any amounts due and Customer will pay all such amounts in accordance with the terms and conditions of such invoice. If Customer fails to make any payments within twenty (20) days of when any payments are due, Customer will pay a late fee equal to ten percent (10%) of the late payment. Customer is responsible for all taxes related to the Equipment and Agreement.

2. Equipment

a. Delivery; Installation: Subject to Osmo Purifier availability, Osmosys will deliver and install the Equipment on or around the date(s) specified in the Order Confirmation and confirmed with Customer in advance. Any Equipment relocation must be performed by Osmosys or an authorized representative of Osmosys. Customer will use best efforts to ensure the space around the  Equipment in each location at which the Equipment is installed (each, a “Location”) is easily accessible. Customer shall not make any alterations, additions or improvements to the Equipment without prior written consent of Osmosys.

b. Malfunctions: Customer will immediately notify Osmosys upon becoming aware of the failure of any Equipment to perform in accordance with its normal functionality. Osmosys will send an agent to investigate the failure and/or repair/swap the Equipment within a commercially reasonable period following Osmosys’s receipt of notification of the failure. Osmosys will be fully responsible for ensuring the functionality of Customer Osmo Purifier throughout the duration of this agreement without additional charge to the Customer. Notwithstanding the foregoing, if any instances arrive where a service call is required due to a defect unrelated to normal use of the Osmo Purifier or a manufacturing defect, the Customer will not be charged.

c. Access: Upon Osmosys’s request, Customer will make Equipment available and accessible to Osmosys to service, maintain, and otherwise address issues associated with the installation, maintenance, and monitoring of the Equipment, including providing Osmosys with access to Customer facilities and Locations.

d. Internet Connectivity: Osmosys requires an active internet connection to enable full functionality of the Equipment. The Customer agrees to allow the Equipment to access their internet connection and provide the WiFi password when necessary.

3. Ownership and Liability

a. Ownership of Equipment: Osmosys owns and retains all rights, title, and interest in the Equipment. Customer will keep the Equipment free of any and all liens and encumbrances. 

b. Risk of Loss; Insurance: Upon delivery of the Equipment to Customer, Customer shall assume and shall bear the entire risk of loss and damage to the Equipment (other than ordinary wear and tear from proper use and/or defects in the Equipment existing at the time of delivery).

c. Equipment Return: Upon expiration or termination of this Agreement, Customer will release the Equipment to Osmosys at the location at which such Equipment was installed and/or delivered by Osmosys to Customer in the same condition and working order as of the date Customer executed the Delivery & Acceptance Certificate (ordinary wear and tear from proper use excepted). At Osmosys’s request, Customer will grant Osmosys access to the Customer facility or Location to allow Osmosys to remove the Equipment.

4. Master Agreement, Term, Termination, and Renewal

a. Additional Orders: If at any time during the term of this Agreement Customer wishes to order additional units of Equipment, the parties will execute an Additional Order Confirmation. Each Additional Order Confirmation shall be subject to the terms and conditions of this Agreement.

b. Term, Renewal, and Price Protection: This Agreement will take effect as of the date of the last signature date on the Order Confirmation and will remain in effect for the term specified in the Customer Order Form unless terminated earlier in accordance with this Section 4. Thereafter, this Agreement will automatically renew on a month-to-month basis at the same price listed on the Order Confirmation , unless either party notifies the other party in writing at least thirty (30) days prior to the expiration of the then-current term.

c. Termination: Customer may terminate this Agreement with thirty (30) days prior written notice to Osmosys and upon payment, as calculated on the termination date, of all remaining payments, and all sales tax, and fees, if applicable.

5. Use of Customer Social Media Posts

Customer hereby grants to Osmosys the right to use Customer’s social media name and to welcome Customer on social media and to indicate that Customer is a client of Osmosys. If desired by Customer, Customer will provide Osmosys with its reasonable trademark usage guidelines, and Osmosys’s use of such Customer logo will be in accordance with such guidelines. If the Customer does not wish to be tagged in our social media posts, this permission can be revoked at any time by e-mailing a request to hola@osmosyswater.com. Generally, permission will be asked before any social media posts and reposts.

6. Deposit

The Customer pays the security amount indicated in the Order Confirmation as a deposit.

When the Customer has returned the equipment or Osmosys has picked it up, Osmosys will verify that the Equipment is in the same state and conditions it had been when it was installed (excluding ordinary wear and tear from proper use and/or defects in the Equipment existing at the time of delivery) and that the Customer is up to date with the payment of the consideration. Osmosys will deliver to the Customer the Account Closure Document in which the amount of the deposit that will be returned to the Customer will be detailed. Osmosys will transfer to the Customer this amount of the deposit within thirty (30) days following the receipt of the  Account Closure Document signed by the Customer. The transfer will be made to the same account number that the Customer has provided to Osmosys for the Order Confirmation. The amount paid as a deposit will not generate interest of any kind in favor of the Customer. The Customer will lose the right to recover the deposit if he does not return the Account Closure Document signed to Osmosys within a maximum period of six (6) months from the date Osmosys make this document available to the Customer by any means.

7. Miscellaneous

a. Possession and Control of Premises. Customer represents that it is the legal owner or lawful tenant of each Location. Customer represents and warrants there are no restrictions or agreements with any person or entity that would restrict or interfere with the Equipment or its servicing at any Location(s) during the term of this Agreement.

b. Complete Agreement; Survival: This Agreement is the complete agreement of the Parties, and supersede all previous communications, representations or agreement, either oral or written with respect to the subject matter hereof. The terms of Sections 1 (solely with respect to amounts due and payable by Customer prior to expiration or termination of this Agreement), 3 and 7 will survive any termination of expiration of this Agreement.

c. Assignment: Customer may not assign this Agreement, or any rights or obligations hereunder without prior written consent of Osmosys. Osmosys may freely sell, transfer, encumber, or assign all or part of its interests in the Equipment and/or this Agreement, in full or part. Any assignee of Osmosys will have all of Osmosys’s rights and benefits but none of its obligations.

d. Privacy Policy: In order to create this order, the customer has already agreed to the Privacy Policy set forth at https://osmosys.eu/privacy-policy/

e. Limitations of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OR USE ARISING OUT OF THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OSMOSYS’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED TEN THOUSAND EURO (€10,000).

f. WARRANTY DISCLAIMER. THE EQUIPMENT IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OSMOSYS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.

g. Mutual Indemnification: Customer and Supplier shall respectively fully indemnify and hold the other harmless from and against any and all losses, claims, demands, actions, damages, liability, costs, or expenses, including reasonable attorney fees actually incurred, arising from, out of, or in connection with, the acts or omissions of such indemnifying party, and the indemnifying party’s employees, representatives and agents, and the operation of the indemnifying party’s business, in connection with such indemnifying party’s performance of this Agreement. This mutual indemnity shall survive the expiration or earlier termination of the term of this Agreement, regardless of the reason for, manner or method of same.

h. Severability; Amendment: If any part of this Agreement is found to be invalid or

unenforceable, the remainder of the Agreement will remain in full force and effect. This Agreement can be modified only by a written amendment signed by both parties. This Agreement may be executed in counterparts. Fax or electronic versions of Customer or Osmosys signatures will be binding upon each party.

i. Accuracy of Information; Credit Check. Customer represents and warrants that the information provided in the Customer Order Form and in response to any Osmosys requests are true and accurate. Customer hereby authorizes Osmosys to perform any credit check deemed necessary by Osmosys.

j. Resolution: This contract shall be terminated for the general causes established in the Civil Code, the Commercial Code and other regulations of the current Legal System.

1. For the duration of its term or of any of its extensions. 2. For breach of it by any of the parties. 3. For the other causes provided by law. In case of breach by any of the parties of the obligations derived from this contract, the other party may terminate it, without notice or compensation, being sufficient communication of such termination to the opposing party. Notwithstanding the foregoing, any of the parties may resolve the contractual relationship in case of breach by the other of the obligations that correspond to it in accordance with the provisions of this contract, without prejudice to the compensation that, for damages or losses, may correspond.

k. Notifications: The notifications made by the Parties must be made by any reliable means admitted by law to the addresses indicated in the Particular Conditions that accompany the Order Confirmation.

Minimum Service Length

While our service does not have a minimum contract length, if the service is cancelled after the 30-day guarantee period, but before the 12th month, we reserve the right to charge the installation fee of 50€ which is otherwise built into the cost of the service.

Service Calls Unrelated to Our Service

We are committed to providing reliable and high quality water service, and should your machine require service, our technicians will be available to service your machine in the event of any failure related to our hardware. If a technician is dispatched to your location and the issue is unrelated to our machine or service, we reserve the right to charge a service visit fee of 25€.

Liability for Water Damage

Osmosys assumes no liability for damages from water damage arising from the installation of equipment in the customer’s home. Our technicians ensure that installations are completed successfully and verify there are no leaks after the installation is complete. Moving the machine, tampering with the tubes or wires, adding other water systems on the same line, and other disturbances could cause water to leak from the machine, and Osmosys S.L. is not responsible for any damages that may occur as a result of these tamperings.

Liability for Other Equipment Not Ours

Osmosys S.L. shall in no circumstances be responsible for malfunctions of any water or electrical systems that are not installed by our technicians.

No Liability for Viral/Bacterial Infections

Osmosys S.L. installs water filtration systems that are more than 99.9% effective at removing all forms of bacteria, viruses, and other environmental contaminants from water, and our system is constantly monitoring for failure of the filtration elements to ensure safe operation, however, we will not be held liable for viral or bacterial infections, our liability is limited to servicing/replacing the machine.