Terms of service

Spoutwater.com Terms of Service

Welcome to Spoutwater.com (the “Site”), operated by Spout Ventures Inc. (“Spout Ventures Inc.,” “Spout,” “we,” “us,” or “our”). These Spoutwater.com Terms of Service (“Terms”) govern your access to and use of our Site, and your purchase of any Spout products or services (including, but not limited to any subscriptions) through the Site (collectively, the “Services”). By accessing the Site, creating an account, or placing an order, or using the Services you agree to be legally bound by these Terms. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” “yours,” ) and Spout Ventures Inc. concerning your access to the Site and use of the Services. Please read these Terms carefully. You agree by accessing the Site and/or the Services that you have read, understood and agreed to be legally bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES, OR PURCHASE ANY PRODUCTS.

We recommend that you print a copy of these Terms for your records.

Agreement to Terms: You will be required to indicate your acceptance of these Terms (for example, by checking an “I Agree” box at checkout) before completing a purchase. This is to ensure you have read, understand and agree that these Terms form a legally binding agreement between you and Spout. If you have any questions, please contact us at contact@spoutwater.com or at 375 N. La Cienega Blvd., Unit 219, West Hollywood, CA 90048 before ordering or using our Site or Services.

1. Eligibility and Geographic Scope

● Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Site, Services or purchase products. By using our Site, Services and/or placing an order, you represent that you are legally capable of entering into a binding contract and that all information you provide is accurate and truthful. Persons under the age of 18 (or the age of majority in your jurisdiction) are not permitted to use the Site, Services and/or place an order.

● Geographic Scope: Our Site, Services and products are intended for customers in the United States and North America. We currently only ship to addresses within the continental United States (lower 48 states) ( Reserve Your Spout AWG Machine | Spout ). If you access or use the Site from outside North America, you do so on your own initiative and are responsible for compliance with any local laws. We do not guarantee that the Site, Services or any products are available or appropriate outside the United States. Additional fees including, but not limited to shipping fees or import duties may apply for any orders shipped outside the United States, which are your sole responsibility. At this time, we do not ship internationally except possibly to certain locations in North America at our sole discretion on a case-by-case basis (additional fees may apply). We do not ship to P.O. boxes or APO/FPO addresses.

2. Ordering and Acceptance of Orders

● Placing an Order: To purchase a Spout product, add the item(s) to your cart and complete the checkout process. You will be required to provide current, complete, and accurate purchase and account information for all purchases made via our Site, including but not necessarily limited to your shipping address, billing address, phone number, and payment information. By placing an order, you are making an offer to buy the product(s) in your cart for the stated price, under these Terms.
 
● Order Confirmation: After you place an order, we will send you an order confirmation email summarizing the item(s) purchased, order total, and shipping information. This email acknowledges receipt of your order but is not an acceptance of your offer. Spout reserves the right to accept or reject any order in our sole discretion.

● Order Acceptance: A binding contract for sale is formed when we accept your order, which occurs when we charge your payment method and/or ship the product to you. We will send you a shipping confirmation email once your order is on its way, which signifies our acceptance of your order. If we are unable to accept your order (e.g., due to payment issues, inventory availability, or suspected fraud), we will notify you and you will not be charged (or any charge will be refunded).

● Right to Cancel or Refuse Orders: We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to if a product is out of stock, if we suspect a fraudulent or unauthorized transaction, or in the event of obvious errors or inaccuracies in product pricing or information. If your order is cancelled by us after your payment has been processed, we will issue a full refund to your original payment method.

3. Pricing, Payment, and Taxes

● Pricing: All prices on our Site are listed in United States Dollars (USD) unless otherwise noted. Prices do not include applicable taxes or shipping charges (unless we expressly say free shipping for a product or promotion). Any applicable sales tax, VAT, or other taxes will be calculated and added at checkout in accordance with your shipping address and applicable law. We strive to ensure accurate pricing, but if we discover an error in the price of a product you ordered, we will contact you with the correct pricing and you may choose to proceed at the correct price or cancel for a full refund.

● Payment Methods: We accept major credit cards and other payment methods as indicated at checkout. By providing a payment method, you represent that you are authorized to use that method and you authorize us (or our third-party payment processor) to charge the full amount of your order (and any applicable subscription renewal amounts) to that payment method.

● Payment Timing: For one-time product purchases, your payment method will typically be charged when your order is ready to ship (or, for certain products, immediately upon order confirmation). For subscription purchases, charges will occur as described in the Subscription Terms below. All billing and financial information you provide must be truthful, complete and accurate. If your payment method cannot be charged (e.g., card expires or has insufficient funds), we may cancel your order or suspend delivery of products.

● Taxes: You are responsible for any taxes or duties associated with your purchase of products. These will be calculated at checkout where required by law. If we are not required to collect a tax or duty, you may be responsible for paying it to the appropriate authorities. We are not liable for any customs fees or import taxes for orders shipped outside the United States.

4. Shipping, Delivery, and Risk of Loss

 ● Shipping Locations: We currently ship products to addresses in the continental United States (lower 48 states). We offer free domestic shipping on Spout machine orders within the continental U.S. ( Reserve Your Spout AWG Machine | Spout ). For other products (such as filters or accessories), shipping costs will be calculated at checkout ( Air & Water Filter – Spout). At this time, we do not ship internationally except possibly to certain locations in North America at our sole discretion on a case-by-case basis (additional fees may apply). We do not ship to P.O. boxes or APO/FPO addresses.

● Delivery Timeframes: Any shipping or delivery dates provided (for example, an estimated ship date at the time of preorder or purchase) are estimates only, not guarantees. While we strive to meet these estimates, actual delivery times may vary due to product availability, carrier delays, or other factors. Orders placed now for new Spout units may be scheduled for future delivery (e.g., a pre-order with a future ship date); we will keep you updated on any significant changes in the expected timeline.

● Title and Risk of Loss: Title to products and the risk of loss or damage passes to you upon our delivery of the product to the carrier (i.e., when the package is handed off to the shipping carrier) ( Reserve Your Spout AWG Machine | Spout ). This means that during shipping and after delivery, you are responsible for loss or damage. We are not liable for any delays, loss, or damage in transit by the carrier. However, we will try to assist customers in resolving issues with carriers (such as lost or damaged packages) on a case-by-case basis in our sole discretion. It is important that you provide a secure delivery address. If tracking shows an item was delivered but you did not receive it, please contact the carrier and our customer support to investigate.

● Inspection on Delivery: Please inspect your shipment promptly upon arrival. If you receive a product that is damaged or incorrect, notify us immediately (within 5 days of delivery). We may ask for photos or documentation of the damage. We will work with you to arrange a return or exchange for such issues (see Returns and Refunds below). Your rights under our One-Year Warranty for defective products (Section 6) are separate and in addition to your rights regarding any shipping damage.

We strongly encourage you to use a delivery address with secure access. Spout is not responsible for theft or misdelivery confirmed as delivered by the shipping carrier.

5. Order Cancellation and Changes

● Cancelling Before Shipment: If you need to cancel or modify an order, please contact us as soon as possible at our customer support email or phone (Email: contact@spoutwater.com, Phone: +1 (213) 335-2121). We will do our best to accommodate cancellations or changes before your order ships. However, if the order has already been processed or shipped, we may not be able to cancel it. In that case, you may need to wait to receive the item and then initiate a return under our 30-day return policy (see Section 6).

● Company-Initiated Cancellations: We may cancel your order, in our sole discretion, if we suspect fraud or unauthorized activity, if we have reason to believe the order was made in error, or if unforeseen issues occur (e.g., inventory error, pricing error, logistical issue). If we cancel an order in such cases, we will refund any amount already charged. We also reserve the right to limit quantities per order or per customer to prevent abuse of promotions or availability constraints; if such limits affect your order, we will notify you.
   
 ● Pre-Orders: For any pre-order of a Spout product (where you place an order for a product that is not yet ready to ship), you may cancel for a full refund at any time before the product has shipped. If you do not cancel and the product ships, our normal return policy will apply if you decide to return it. We will periodically update you on the status of pre-orders. If a pre-order is significantly delayed, you will have the option to cancel for a refund.

● Changes to Orders: If you need to change your shipping address or other details after placing an order, please contact us promptly at Email: contact@spoutwater.com, Phone: +1 (213) 335-2121. We cannot guarantee changes can be made once an order is in process, but we will attempt to accommodate requests in our sole discretion. You are solely responsible for any additional charges that may result from changes (for example, address changes that incur different shipping costs).

Changes requested after shipping may incur additional shipping or rerouting charges, which are the customer's responsibility.

6. Returns and Refunds (30-Day Money-Back Guarantee)

We want you to be satisfied with your purchase. If for any reason you are not completely happy with a Spout product, you may return it under the terms below:

● 30-Day Return Period: You have 30 calendar days from the date you received the product to initiate a return ( Refund policy – Spout). After 30 days, we will not accept returns for refund, except for warranty service as described in Section 7. The 30-day period starts on the day of delivery to you as confirmed by the carrier’s tracking.

● Return Eligibility: To be eligible for a return and full refund, the item must be in undamaged and unmodified condition and preferably in the original packaging ( Refund policy – Spout). Please include all original parts, accessories, manuals, and any included bonus items. You will also need to provide proof of purchase (such as your order number or receipt) ( Refund policy – Spout). We reserve the right, in our sole discretion, to deny a return or charge a restocking fee if the product is not returned in like-new condition.

● How to Initiate a Return: To start a return, please contact our customer support through our “Contact Us” page or email at contact@spoutwater.com. We will provide return instructions, which may include a Return Merchandise Authorization (RMA) number and the address for return shipment. Do not send the item back without first obtaining return authorization from us.

● Return Shipping: You are responsible for paying the shipping costs for returning your item ( Refund policy – Spout), except in cases of defective product returns covered under warranty or if we agree otherwise in writing. We can provide a prepaid return shipping label for your convenience; however, the cost of that return label (shipping cost) will be deducted from your refund ( Refund policy – Spout). Original shipping charges (if any) are non-refundable. We recommend using a trackable shipping service and purchasing shipping insurance for high-value items, as you are responsible for the product until it reaches us.

● Inspection and Refunds: Once we receive your returned item, we will inspect it and notify you that it was received. We will also inform you of the approval or rejection of the return based on the condition of the item. If approved, we will process your refund to your original payment method. Please note that it may take a certain number of days for the refund to appear on your account, depending on your bank or card issuer’s policies ( Refund policy – Spout). We will endeavor to issue the refund promptly after approval (typically within 5–10 business days).

● Partial Refunds and Restocking Fees: If the returned item is damaged, missing parts, not in the original condition, or past the 30-day window, we reserve the right to refuse the return or to charge a restocking fee or issue a partial refund at our sole discretion. We will communicate with you in such cases. Items marked as final sale or non-returnable (if any) cannot be returned for refund.

● Exchanges: We do not have a formal exchange program. If you wish to exchange a product (for example, for a different model or color), the fastest way is to return the original item for a refund and place a new order for the desired item. You can contact us for assistance or to discuss any special circumstances.

● Defective or Wrong Items: If you received an item that is defective or not what you ordered, please contact us immediately at Email: contact@spoutwater.com, Phone: +1 (213) 335-2121. In such cases, we will cover the return shipping cost and send you a replacement or issue a full refund, at our sole option in our sole discretion. 

This 30-day return policy is separate from and in addition to your rights under our One-Year Limited Warranty for defective products (see below).

Please note: Refunds can only be issued to the original payment method used for the purchase. If that account is closed or no longer available, we will work with you to find an alternative solution. Nothing in this Returns Policy affects your statutory rights. If you have any questions about our return process, please contact us at Email: contact@spoutwater.com, Phone: +1 (213) 335-2121.

7. One-Year Limited Warranty

We stand behind the quality of our Spout atmospheric water generator (“Spout machine”) and related products. All new Spout machines purchased from us come with a One-Year Limited Warranty against defects in materials and workmanship, valid from the date of delivery to you as confirmed by the carrier’s tracking. The following terms apply to our One-Year Limited Warranty:

● Warranty Period: This limited warranty is valid for one (1) year from the date you received your Spout machine as confirmed by the carrier’s tracking (the “Warranty Period”). If a defect covered by this One-Year Limited Warranty occurs within that period, we will repair or replace the product as described below.

● Covered Defects: The One-Year Limited Warranty only covers manufacturing defects or malfunctions in the Spout machine that occur under normal use and maintenance, in accordance with our user manual and guidelines. Examples of covered issues may include failures of the unit’s electrical components, water generation system, or structural defects that are not due to external causes.

● Excluded Issues: This One-Year Limited Warranty does not cover:

○ Normal wear and tear or cosmetic damage (e.g., scratches, dents that do not affect function).
 
 ○ Damage caused by misuse, abuse, neglect, or improper maintenance (for example, not replacing filters as recommended, using incompatible power sources, or using the machine outside of recommended operating conditions).

○ Damage caused by accidents, fires, floods, or other external causes or acts of God.

○ Consumable parts such as filters (air filters and water filters) beyond any DOA (dead on arrival) defects. Filters are expected to be replaced periodically (approximately every 3 months under normal use) and their decreased effectiveness over time is considered normal use, not a defect. However, if a filter included with your new machine is found to be defective upon first use, please contact us at Email: contact@spoutwater.com, Phone: +1 (213) 335-2121 for replacement.

○ Any modifications or repairs done by anyone not authorized by Spout. This includes but is not limited to attempts to open the unit’s sealed components or use of non-Spout parts, which will void this One-Year Limited Warranty.

○ Damage from excessive mineral buildup, use of unapproved power sources, tampering, or extended outdoor use will void this warranty.

● Remedies: If a defect arises during the Warranty Period and you submit a valid claim, Spout will, at its sole option in its sole discretion: (a) repair the product at no charge using new or refurbished replacement parts; (b) replace the product with a new or refurbished unit of the same model (or if that model is no longer available, a comparable model with equal or better features); or (c) if a repair or replacement is not feasible, refund the original purchase price. Any repaired or replaced product will continue to be covered by the warranty for the remaining time of the original Warranty Period or 90 days from the repair/replacement, whichever is longer.

● How to Get Warranty Service: To request warranty service, please contact our customer support at support@spoutwater.com (or the contact method provided on our Site) and provide proof of purchase, the serial number (if applicable), and a description of the issue. We may troubleshoot with you to determine if the issue is covered by the One-Year Limited Warranty. If it is, we will provide instructions for the next steps. This may include but is not limited to shipping the product to us or to an authorized repair center. We will typically provide a prepaid shipping label for valid warranty returns. Please pack the product securely in its original packaging (if possible) or similar protective packaging.

● Costs: If we determine that the issue is covered under the One-Year Limited Warranty, Spout will bear the cost of repair/replacement and shipping the repaired or replacement product back to you. In One-Year Limited Warranty cases, we also cover the cost of shipping the item to us (we will provide a prepaid return label or reimburse your reasonable return shipping cost if we instruct you to arrange shipping). If we determine the problem is not covered (for example, the product is not defective or the damage is from misuse), we will notify you. In such a case, if you still wish to have the product repaired (if possible), we may offer service for a fee or return the product to you unrepaired.

● Limitations: This One-Year Limited Warranty is the exclusive warranty given by Spout. We disclaim all other warranties to the fullest extent permitted by law (see Disclaimers below), although you may have additional rights under certain laws that are not waived. This One-Year Limited Warranty is provided only to the original purchaser of the product and is not transferable.

● State Law Rights: This One-Year Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow limitations on how long an implied warranty lasts, so to the extent such laws apply, the above Warranty Period may not apply to you. Similarly, some states do not allow the exclusion of incidental or consequential damages, so some of the exclusions under Remedies may not apply. In the event of any conflict between this One-Year Limited Warranty and state law rights, the most favorable terms to the consumer will apply.

● No Extended Warranty (Unless Offered): We do not automatically offer any extended warranties beyond the Warranty Period. If we ever provide an option to purchase an extended service plan or warranty, that would be subject to separate terms. For now, once the One-Year Limited Warranty expires, then service or repairs will be charged to you at cost. We will still offer support and parts for purchase as needed.

● Disclaimer for Specific Use: The Spout machine is intended for producing drinking water from air. While we utilize advanced filtration (including but not limited to a NASA-based water filter and UV sterilization) to ensure high water purity, we do not warrant that the water produced will be fit for any particular purpose beyond general consumption. For example, we do not guarantee it is suitable for medical or laboratory use that requires ultra-pure water. Always use the product as directed.

Repairs or replacements are subject to parts availability and current production status. We do not guarantee exact model replacements for discontinued units.

This One-Year Limited Warranty is in addition to any rights you have under any applicable consumer protection laws. 

8. Subscription and Auto-Renewal Terms

We offer subscription services for certain consumable products, such as our air and water filter replacements, to ensure you always have fresh filters. The following terms apply if you enroll in a subscription or membership program (such as a filter subscription plan):

● Subscription Enrollment: When you purchase a subscription (e.g., by selecting a “Subscribe and Save” option for filters or an annual membership program), you agree to sign up for periodic deliveries of the specified product and to be charged on a recurring basis. The details of the subscription – such as the products included, the interval of shipments (e.g., quarterly or semi-annually), and the price per shipment or per period – will be stated at the time you enroll. For example, our annual filter membership provides filter packs every six months ( Annual Membership – Spout), and our standard filter subscription provides a new filter pack approximately every 3 months. The subscription will automatically renew and continue until you cancel or terminated by us.

● Payment and Charges: By enrolling, you authorize Spout to automatically charge your saved payment method for each subscription shipment or period at the then-current subscription rate, without further approval from you on each occurrence (except as required by law). Charges will occur on a recurring basis corresponding to your subscription’s billing cycle. For instance, if you subscribe to a quarterly filter delivery, your card will be charged every three months when the filter pack is about to ship. You will be charged when each subscription order is fulfilled/shipped for that period ( Air & Water Filter – Spout). We will provide email reminders or notifications in advance of upcoming charges and shipments as required by law (especially for annual renewals).

● Clear Disclosure: At checkout and in your order confirmation, we will clearly disclose the terms of the auto-renewal (the amount to be charged and the interval of the charges). By completing the subscription signup, you acknowledge that you are agreeing to recurring payments and that you will be charged continuously until you cancel or terminated by us.

● Subscription Discounts: Subscriptions may include discounted pricing or other benefits (e.g., free shipping or a lower price per filter). These benefits remain in effect only while the subscription is active. If you cancel the subscription and later re-subscribe, pricing or promotions may be subject to change. We reserve the right to change the pricing for subscriptions, but will notify you in advance (see “Changes to Subscription Terms” below).

● Cancellation Policy: You may cancel your subscription at any time to stop future charges and shipments. There is no cancellation fee. You can cancel by logging into your account on our Site (if account management is available) or by contacting our customer support and requesting cancellation. To avoid being charged for the next shipment, you must cancel at least 48 hours before the next renewal charge date (or the specific cutoff time stated in your subscription details). If you cancel after you have been charged for the next shipment, that order may already be processing, and you may receive the products; in that case, you can choose to return the shipment (unopened) under our return policy, or simply keep it and your cancellation will take effect before the following cycle.

● Managing Subscription (Skips/Pause): You may have options to pause or skip a shipment (for example, if you temporarily have excess filters) by contacting us. We’ll do our best to accommodate adjustments. Skipping a shipment may effectively push out your billing date.

● Term and Renewal: Your subscription will continue indefinitely until canceled by you or terminated by us. By subscribing, you are agreeing to ongoing charges. For annual subscription programs, we will send you a reminder notice (via email) at least 30 days before renewal, with instructions on how to cancel, as required by certain laws. If you do not cancel, the annual subscription will renew for another year and your payment method will be charged the annual fee. For quarterly or monthly subscriptions, you will receive an email receipt or notice each time you are charged.

● Changes to Subscription or Price: We reserve the right to adjust subscription pricing or other terms after the initial term at our sole discretion. For example, if the cost of filters increases or we modify the program structure, we will let you know at least 30 days in advance of your next charge. If you do not agree to the new price or terms, you must cancel before the effective date of the change. Continuing to receive the subscription after the change constitutes your agreement to the modified terms.

● Termination by Us: We may terminate or suspend your subscription at our sole discretion. Reasons might include inability to process your payment (e.g., your card expires and you do not update it), the product being discontinued, or other business reasons. If we terminate a subscription, you will only be charged for orders that have already been processed (and we’ll issue any appropriate refunds for pre-paid shipments not delivered). We may also offer to transition you to a comparable subscription if available.

● Automatic Renewal Law Compliance: We strive to comply with all applicable automatic renewal laws (such as California’s Automatic Renewal Law). This means we will ensure the subscription terms are clear and conspicuous, get your affirmative consent to those terms (via the checkbox or similar at checkout), provide confirmation of the terms via email, and make cancellation easy (online or via email). If you have any trouble cancelling or have questions about your recurring charges, please contact us and we will promptly assist.

● Free Trials or Introductory Offers: If we ever offer a free trial or discounted introductory period for a subscription, the details will be provided in the offer terms. After the trial or intro period ends, the subscription will begin at the regular rate, and you will be charged unless you cancel before the trial ends. You are limited to one trial per customer unless stated otherwise.

● Refunds on Subscription Orders: Charges that have already occurred for fulfilled subscription shipments are generally non-refundable (aside from our standard return policy if you decide to return the products). If, for instance, you forgot to cancel and a renewal happened, you can still return the unopened product once received for a refund under the 30-day return policy, or we may, at our sole discretion, issue a refund for a renewal charge if the product has not yet shipped and you contact us immediately. However, we are not obligated to refund subscription charges that were properly processed with your prior consent.

● Questions: If anything in these Subscription Terms is unclear or if you have questions about a recurring charge, you can reach out to our support team. We appreciate that subscriptions require trust, and we want you to feel comfortable that you are in control of your subscription.

By subscribing, you acknowledge and agree to these Subscription Terms. Always remember you can manage or cancel your subscription to stop future charges at any time.

8A. Environmental Use Limitations & Safety Notice
Spout machines use atmospheric water generation (AWG) technology to condense humidity from ambient air and filter it into ultra-pure drinking water. Because water quality may be influenced by air quality, proper operating environments are essential for product safety and performance. 

Acceptable Use Environment

Spout machines are engineered for use in indoor, residential, or office settings with standard air quality conditions. These include:

● Homes and apartments

● Offices or commercial workspaces with HVAC systems

● Retail or hospitality environments that meet general indoor air standards

Spout is not certified for use in environments that contain elevated levels of airborne contaminants or irregular indoor air conditions. Improper use may result in compromised water purity, system malfunction, or potential health risks.

Do Not Use Spout in the Following Environments

Without Additional Testing and Validation:

● Laboratories (especially those using VOCs, solvents, or reactive chemicals)

● Morgues or autopsy facilities (where formaldehyde or biohazards may be present)

● Medical or pharmaceutical production areas

● Manufacturing plants or warehouses with airborne chemicals or industrial dust

● Refineries or chemical processing zones

● Active renovation or construction sites (especially where particulate matter, paint fumes, or adhesives are present)

● Homes or buildings near wildfire zones, smoke-affected areas, or with ongoing mold remediation

● Garages, basements, or utility closets with poor ventilation or off-gassing equipment

● Any environment where ozone generators, high levels of formaldehyde, or combustion devices are used regularly

Your Responsibility as a User

By using the Spout system, you acknowledge that:

● It is your responsibility to operate the product in a clean-air environment suitable for human occupancy and compliant with the above recommendations.

● Any deviation from these environmental standards is done at your own risk, and may affect the purity of the water produced, the longevity of the unit, and your health or safety.

● Spout Ventures Inc. makes no guarantees about water quality outcomes if the unit is used in a high-risk or contaminated environment, in one of the environments stated in the “Do Not Use Spout in the Following Environments Without Additional Testing and Validation” Section above and in an environment with unclean-air environment that is not suitable for human occupancy and not compliant with the above recommendations.

Risk and Liability Notice

Spout Ventures Inc. shall not be held responsible for any health consequences, contamination, system damage, or certification invalidation arising from:

● Use in contaminated or unapproved settings

● Failure to maintain air quality consistent with Spout’s specifications

● Neglect or misuse of the machine in any hazardous or chemically-laden environment

This clause is designed not only for your safety, but to help preserve the integrity of our filtration technology, our certifications, and your long-term satisfaction as a customer.

These restrictions are also noted in the user manual and on device labeling. Use in any prohibited environment immediately voids warranty coverage.

9. User Accounts and Site Use

● Account Creation: You may be allowed or required to create an account on our Site to make purchases or access certain features. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate, current information and update it if it changes. Do not impersonate anyone or choose an inappropriate, obscene, offensive or otherwise objectionable username. We reserve the right to remove, reclaim or change a username if we determine, in our sole discretion, that such username is  inappropriate, obscene, offensive or otherwise objectionable. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, Services or any portion thereof.

● Account Security: You must notify us immediately at contact@spoutwater.com if you suspect any unauthorized use of your account or a security breach. We are not liable for any loss or damage arising from your failure to safeguard your account credentials. We may require additional verification steps before allowing access to your account if suspicious activity is detected.

● Permitted Use: You may use the Site and its content solely for personal, non-commercial purposes (such as learning about our product and making purchases). You agree not to abuse the Site or use it for any illegal or unauthorized purpose. This includes not engaging in any activity that (a) interferes with or disrupts the Site (or the servers and networks connected to the Site), (b) attempts to circumvent security measures, (c) involves using bots, crawlers, scrapers or other automated means to access or extract data from the Site (without our express permission), or (d) attempts to reverse engineer or exploit any portion of the Site’s software.

● Prohibited Conduct: You agree that you will not: (a) upload or transmit any harmful code or malware; attempt to collect personal information of others from the Site without our prior written consent; (b) access the Site through automated or non-human means, whether through a bot, script or otherwise without our prior written consent; (c) harass or harm any other users; (d) use the Site or Services for any illegal or unauthorized purpose; or (e) otherwise engage in any conduct that violates these Terms or any applicable law. We reserve the right to suspend or terminate your access to the Site if you engage in prohibited activities or violate these Terms.

● Third-Party Platforms: Our Site may be hosted on or use services provided by third-party platforms (for example, our store is built on Shopify infrastructure, and payments may be processed by third-party gateways). Your use of those services may be subject to additional terms of the third parties (for instance, Shopify’s terms for customers). We are not responsible for third-party services, but we use them to enhance our Site’s functionality. If any third-party service fails or causes issues, we will work to resolve them, but some issues might be outside our direct control.

10. User-Generated Content (Reviews and Comments)

We may enable users to submit content on our Site, such as product reviews, ratings, comments, testimonials, or other feedback (“User Content”). If you contribute User Content, the following terms apply:

● Responsibility for Content: You are solely responsible for any User Content you submit. You must ensure that your reviews or comments are honest, fact-based (for reviews), and comply with these Terms. You must have the rights to any content you post (including any text, images, or other media) and you must not violate any third-party rights (such as copyright, trademark, privacy, or publicity rights) or any laws by your submission.

● Prohibited Content: You agree not to post any User Content that is defamatory, obscene, harassing, threatening, hateful, or otherwise objectionable or unlawful. This includes but is not limited to content that contains profanity, personal attacks, false or misleading statements, or any content that promotes bigotry or discrimination. Additionally, you must not include any advertising or promotional material in your reviews (no spam or self-promotion), and you must not post any sensitive personal information (whether yours or others’) in a public review.

● Review Guidelines: If you are reviewing a product, you should have actually used or purchased that product. Reviews should be based on your real experience. We may implement verification (such as “Verified Buyer” badges) and reserve the right to remove reviews that we suspect are fake, planted, or unrelated to the actual product performance at our sole discretion.

● License to Spout: By submitting any User Content on our Site, you automatically grant, and you represent and warrant that you have the right to grant, to Spout a worldwide, perpetual, irrevocable, unrestricted, unlimited, transferable, royalty-free, fully-paid, sublicensable license to use, copy, reproduce, modify, sell, resell, publish, broadcast, retitle, archive, store, cache, translate, disclose, distribute, publicly display, publicly perform, reformat, transmit and create derivative works from such content and incorporate into other works (all of which includes, but not limited to your image and voice) for any purpose, commercial, advertising or otherwise. This license allows us to display your review on our Site, use snippets in our marketing materials, social media, or other channels, and generally use your feedback to promote our products or improve our services. For example, we might quote a customer testimonial in an email or ad. We will not, however, use your personal information (like full name or contact details) in a public way without your consent; typically we might attribute a review using your first name or initials. This license will apply to any form, media, or technology now known or hereafter developed. You waive all moral rights in your User Content, and you warrant that moral rights have not otherwise been asserted in your User Content.

● No Compensation: You understand that you will not be paid for posting reviews or comments. Any feedback or suggestions you provide to us are entirely voluntary and you will not receive compensation. We appreciate your input, but you transfer any ownership of ideas or suggestions to us (or grant us a license to use them) such that we can implement them without obligation.

● Monitoring and Moderation: We reserve the right (but not the obligation) to monitor, review, remove, or edit User Content at our sole discretion. We may remove content that violates these Terms or our guidelines, or for any other reason. However, we do not routinely edit reviews for content. If you see another user’s post that you believe violates these Terms or is illegal, please report it to us. We are not responsible for any failure or delay in removing content.

● No Endorsement: User Content does not reflect the opinion of Spout. We do not endorse any opinions expressed in reviews or comments by users. We are not liable for any user postings (including but not limited to your postings). That said, if you believe any content is infringing or defamatory, please notify us and/or follow applicable legal processes (such as sending a DMCA takedown notice for copyright infringement – see below).

● DMCA and Intellectual Property Concerns: If you believe a user’s content infringes your copyright or other intellectual property, you can send us a notice under the Digital Millennium Copyright Act (DMCA). Please include identification of the work claimed to be infringed, the content alleged to be infringing, your contact info, and a statement of good faith belief and authorization (see 17 U.S.C. §512 for specifics). We will respond to legitimate DMCA notices by removing the content and contacting the poster. Repeat infringers’ accounts may be terminated. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in such a notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, then you should consider first contacting an attorney.

● Account Termination: If you repeatedly violate our content rules, we may suspend or terminate your account or ability to post at our sole discretion. For serious violations, which are determined in our sole opinion at our sole discretion, (e.g., posting hate speech or malicious content), we may suspend or terminate your account or ability to post at our sole discretion on the first offense.

By posting any User Content, you represent and warrant that it complies with these Terms and that you have all necessary rights to grant the above licenses. You agree to indemnify Spout for any third-party claims resulting from User Content you provide (see Indemnification below for more detail).

11. Intellectual Property Rights

● Ownership of Site Content: The Site, including all of its content, Services, features, and functionality (for example, text, graphics, logos, icons, images, audio clips, digital downloads, software, and design), is owned by Spout Ventures Inc. or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and unfair competition laws and treaties. All rights not expressly granted to you in these Terms are reserved by Spout and its licensors.

● Trademarks: All trademarks, logos, service marks, and trade names displayed on the Site or on Spout products (including “Spout”, the Spout logo, “Spout Monolith”, etc.) are our property (or the property of other rights holders who have granted us permission to use them). You are not granted any license or right to use any of these trademarks without our express prior written permission. Unauthorized use of our trademarks is prohibited.

● Limited License to You: Spout grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and its content for your personal, non-commercial use only. This means you may view, download (cache) pages from our website for your own personal use and purchase decisions. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site (other than your own User Content) is strictly prohibited without our prior written permission.

● Restrictions: You agree not to:

○ Copy, reproduce, or distribute any part of the Site or its content without authorization.

○ Modify or make derivative works based upon the Site or its content.

○ Reverse engineer, decompile, or disassemble any technology or software obtained from the Site, except as explicitly allowed by law.

○ Remove any proprietary notices or labels on the Site content.

● Feedback: If you send us any feedback, ideas, or suggestions regarding the Site or our products (for example, improvements or feature requests), you agree that we are free to use, disclose, and otherwise exploit that feedback without any restriction or compensation to you. We appreciate feedback but are not obligated to act on it.

● Third-Party Content: If our Site includes links or references to third-party websites or content, those are provided for convenience only. We have no control over third-party sites and accept no responsibility for them. Accessing any third-party website linked from our Site is at your own risk.  You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with third-party websites.

12. Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information through the Site are governed by our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy explains how we collect, use, and share your personal information when you use our Site, Services or purchase products ( Privacy Policy – Spout) ( Privacy Policy – Spout). You must review our Privacy Policy. By using the Site, Services or placing an order, you agree to be legally bound by our Privacy Policy, which is incorporated into these Terms, and you consent to the collection and use of information as outlined in the Privacy Policy.

 

Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
     

 

13. Disclaimers of Warranties

Except for the specific warranties explicitly provided in these Terms (such as the One-Year Limited Warranty in Section 7) or as required by law, the use of our Site, Services and the purchase or use of products is at your own risk. We provide the Site, its content, Services and our products on an “AS IS” and “AS AVAILABLE” basis, without any other warranties of any kind, either express or implied. To the fullest extent permitted under applicable law, Spout (including but not limited to our officers, directors, employees, and agents) disclaims all warranties, express, implied, or statutory, regarding the Site, Services and products, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

In particular, we do not guarantee that:

● The Site will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. 

● The information on the Site (product descriptions, pricing, or other content) and Services is completely accurate, reliable, or up-to-date.  Any reliance on the Site content and content of Services is at your own discretion and risk. If you spot an error, please let us know.

● The products will meet all of your expectations or requirements beyond what is stated. We warrant the product’s quality and functionality as set out in the One-Year Limited Warranty, but we do not promise, for example, that using Spout will result in specific health benefits. Any health or cost-savings claims on our Site or in our Service (such as comparisons of water quality or savings) are for informational purposes only and is not guaranteed outcomes for every user.

● Water/air quality: While our product is designed to produce high-purity water and filter air, we do not warrant that the water generated will be absolutely free of every possible contaminant or that it will suit every particular taste preference. We also don’t warrant that the filtered air will remove every possible allergen or particle in your home. Actual performance can vary with environmental conditions (humidity, air quality) and proper maintenance (like timely filter replacements). Your usage of Spout is at your discretion, and you should follow all safety and use instructions.
 
● Third-Party integrations: If our product or Site interfaces with any third-party services (like a smartphone app or voice assistant, etc.), we make no warranty regarding those third-party services, which you use at your risk and pursuant to their terms.

Some jurisdictions do not allow the exclusion of certain warranties. If you are in a jurisdiction that prohibits the disclaimer of certain warranties, some of the above exclusions may not apply to you. In such cases, to the extent any warranty cannot be disclaimed, it is limited in duration to the minimum period permitted by law.

The above disclaimers apply to the fullest extent permitted by applicable law. No advice or information (oral or written) obtained from Spout or through the Site shall create any warranty not expressly stated in these Terms.

While Spout machines produce filtered water, individual taste preferences and perceived quality may vary. If you suspect health symptoms from water consumption, discontinue use and consult a qualified professional.

14. Limitation of Liability

To the fullest extent permitted by law, in no event shall Spout Ventures Inc. or its directors, officers, employees, affiliates, agents, or suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or any damages for loss of profits, revenue, goodwill, data, or other intangible losses, arising out of or related to your use of the Site, Sevices, your purchase or use of any products, or your inability to use the Site or products. This limitation applies whether such claims are based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

To the extent we are found liable for any direct damages (and only if not prohibited by law), our total liability to you for any claim arising from or related to these Terms or your use of the products or Site is limited to the amount you paid to Spout for the product(s) in question or, if your claim does not relate to a product purchase, $100 USD. We acknowledge that some states do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not fully apply to you. In such states, our liability is limited to the maximum extent permitted by law.

We do not accept liability for water damage to furniture, flooring, or appliances resulting from misuse, failure to properly maintain the unit, or unauthorized modification.

Exceptions: Nothing in these Terms is intended to exclude or limit liability for: death or personal injury caused by our gross negligence or willful misconduct, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. Additionally, any specific consumer rights granted by law (such as certain remedies under warranty laws) are not limited by this section; this section primarily limits remedies beyond those required by law.

By using our Site, Services or purchasing our products, you understand and agree that you are doing so at your own discretion and risk, and that you will be solely responsible for any damage to your property (e.g., your computer system or your home if the product is misused) or loss of data that results from use of the product or Site, except as expressly provided by the One-Year Limited Warranty or required by law.

 

15. Indemnification

You agree to indemnify, defend, and hold harmless Spout Ventures Inc. and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) that arise out of or relate to:

● Your use or misuse of the Site, Services or products,

● Any User Content you submit or actions you take in connection with the Site or Services (e.g., posting of reviews or comments that infringe someone’s rights or violate law),

● Your violation of these Terms or any applicable law or regulation, or

● Your violation of any third-party rights, including intellectual property, confidentiality, or privacy rights.

We reserve the right to handle our legal defense as we see fit, including but not limited to choosing our counsel, and you agree to cooperate with us in the defense of any such claim. This means you will not settle any claim that implicates Spout or these Terms without our prior written consent. We will make reasonable efforts to notify you of any such claim, suit, or proceeding.

This indemnification obligation will survive termination of these Terms and your use of the Site, Services or products. 

16. Dispute Resolution and Arbitration Agreement

Please read this section carefully. It affects your legal rights, including but not limited to your right to file a lawsuit in court. By agreeing to these Terms, you and Spout both agree to resolve any disputes through initial dispute resolution as stated below and then, if not resolved through initial dispute resolution, then in binding arbitration or small claims court on an individual basis, rather than in court.

● Initial Dispute Resolution: Most concerns can be resolved quickly by contacting our customer support team. You agree to try to resolve any dispute informally by contacting us at support@spoutwater.com or via the contact information on our Site before initiating binding arbitration or small claims court unless otherwise stated in these Terms. We will likewise attempt to resolve disputes with you informally. If a dispute cannot be resolved informally within 30 days after notice of the dispute, then either party may proceed to the next step (binding arbitration or small claims court).

● Arbitration Agreement: Except for the exceptions stated below, you and Spout 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 to the use of the Site, Services or purchase/use of the products (collectively, “Disputes”) will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (available on the AAA website) in effect at the time the arbitration is initiated, except as modified by this Section. This means you are waiving your right to a trial by jury or to participate in a class action for such disputes.

● Class Action Waiver: All arbitrations shall be conducted on an individual basis only. You and Spout agree not to participate in a class, collective, consolidated, or representative action. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class-based or representative proceeding. You and Spout agree that each may bring claims against the other only in your or its individual capacity, not as a plaintiff or class member in any purported class or representative proceeding. If this class action waiver is found unenforceable, then the entirety of this Dispute Resolution section shall be null and void (but the rest of the Terms will remain in effect).

● Arbitration Procedures: The binding arbitration shall be conducted by a single, neutral arbitrator. The binding arbitration may be conducted via telephone, written submissions, or in person in the county where you live or another mutually agreed location. The arbitrator will decide the substance of all claims, following the substantive law of the state of California (without regard to its conflict of laws principles) and honor all claims of privilege recognized by law.  The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court with jurisdiction.

● Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse your arbitration filing fee if your claim is for $10,000 or less, unless the arbitrator finds your Dispute frivolous or brought in bad faith. Spout will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines your claims are frivolous or brought for an improper purpose under applicable law.

● Exceptions to Arbitration: Notwithstanding the above, either party may choose to pursue a Dispute in small claims court (if it qualifies) rather than binding arbitration. Also, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent the unauthorized use or abuse of the Site, Services or products. This Section 16 does not prevent you from bringing issues to the attention of federal, state, or local agencies, which can seek relief from us on your behalf if allowed by law.

● Opt-Out Right: You have the right to opt out of this arbitration agreement. If you do not wish to be bound by the arbitration and class-waiver provisions in this section, you must notify us in writing within 30 days of first accepting these Terms (or within 30 days of any material change to this section). You must send your opt-out notice by email to legal@spoutwater.com AND by certified mail to: Spout Ventures Inc., Attn: Legal/Arbitration Opt-Out, 375 N. La Cienega Blvd., Unit 219, West Hollywood, CA 90048. Your notice must include your name, address, the email associated with your account or order, and a clear statement that you want to opt out of this Section 16. If you opt out, neither you nor Spout can require the other to participate in arbitration for disputes, but the rest of these Terms (including the class action waiver, to the extent enforceable in court) will continue to apply.

● Severability: If any portion of this Section 16 is found unenforceable (except for the class action waiver clause which is addressed above), that part shall be severed, and the remaining provisions will remain in force. 

● Survival: This Section 16 will survive the termination of your relationship with Spout.

By agreeing to these Terms, you acknowledge that you have read and understood this Section 16, and are knowingly and voluntarily waiving the right to a trial by jury or to participate in a class action. Spout and the customer waive any right to a jury trial.

17. Governing Law

These Terms and any dispute arising out of or in connection with these Terms or your use of the Site, Services or products (including any non-contractual disputes) shall be governed by and construed in accordance with the laws of the State of California, USA, and applicable federal law (including the Federal Arbitration Act), without giving effect to any conflict of law principles that would cause the laws of another jurisdiction to apply.

If for any reason a Dispute is not subject to binding arbitration or small claims (as provided above), or if Section 16 is found unenforceable or is opted out of, then you and Spout agree that any such proceeding will be brought exclusively in the state or federal courts located in Los Angeles County, California. Both you and Spout consent to the personal jurisdiction of those courts and waive any objections to venue in those courts, although we agree that either party can instead choose to bring a qualifying claim in small claims court in the county of your residence.

 

18. Changes to These Terms

Spout reserves the right to update or modify these Terms from time to time in Spout's sole discretion. If we make material changes, we will post the updated Terms on this page with a new “Last Updated” date and, if the changes significantly affect your rights or obligations, we will take reasonable steps to notify you (for example, by email or a notice on our Site). It is your responsibility to review these Terms periodically.

Any amended Terms will be effective immediately when posted, unless stated otherwise in the Terms. In certain cases, we may ask you to affirmatively accept the revised Terms (for example, by checking a box or clicking “Agree”) to continue using the Site, Services or to complete a purchase. If you do not agree to the revised Terms, you must stop using the Site, Services and not complete any purchases and (if applicable) cancel your account, pending purchases or subscriptions. Continued use of the Site or our Services after the effective date of any changes constitutes your acceptance of the new Terms to the fullest extent permitted by law.

For changes to Section 16, we will provide advance notice and an opportunity to opt out, as described in that section, if you are an existing user.

19. Additional Provisions (Miscellaneous)

● Entire Agreement: These Terms (together with any other policies or terms, such as our Privacy Policy and any additional terms for particular promotions or activities and any other terms and conditions posted on our Site constitute the entire agreement between you and Spout regarding the Site, Services and your purchases, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same subject matter. Any conflicting terms on any purchase order or other communication are void unless expressly agreed in a prior writing by Spout.

● Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. 

● No Waiver: Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. A waiver by us of any provision of these Terms on any one occasion will not constitute a waiver of that provision for any future occasion.

● Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

● No Third-Party Beneficiaries: These Terms are for the benefit of you and Spout (and permitted assigns) only, and except as expressly provided, do not confer any rights or benefits to any third party.

● Relationship of Parties: Nothing in these Terms will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between you and Spout. You and Spout are independent contractors.

● Force Majeure: We are not liable for any failure to perform, or delay in performing, any of our obligations if such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil disturbances, strikes, supply shortages, fires, floods, pandemics, or power outages. In such event, our obligations are suspended for the period of the force majeure event. We will do our best to mitigate the impact and resume performance as soon as feasible after the ending of the force majeure event.

● Communications & Notices Consent: By using our Site, Services or providing your email, you consent to receive electronic communications from us (e.g., emails about your order, newsletters if you subscribed, or legal notices). You agree that any such communications satisfy any legal requirement that communications be in writing. For contractual purposes, you consent to receive communications from us electronically and you agree that all terms and conditions, agreements, notices, disclosures, and other communications we provide electronically to you satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent to electronic communications, please contact support; however, doing so may result in termination of your account or inability to continue using the services, in Spout's sole discretion

● Notice to California Users: Under California Civil Code Section 1789.3, California users of our Site are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210. You may contact Spout Ventures Inc. at contact@spoutwater.com or at 375 N. La Cienega Blvd., Unit 219, West Hollywood, CA 90048.

● Headings: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.

● Language: These Terms are written in the English language. To the extent any translated version conflicts with the English version, the English version controls.

● Miscellaneous: These Legal Terms operate to the fullest extent permissible by law. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

20. Contact Information

If you have any questions about these Terms of Service, the practices of Spout, or your dealings with our Site or with the Services, you can contact us at:

Spout Ventures Inc.
Email: contact@spoutwater.com
Phone: +1 (213) 335-2121 (for sales/support inquiries)
Mail: 9907-S Canoga Ave, Chatsworth CA 91311

By using our Site, our Services or purchasing our products, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for choosing Spout – we appreciate your business and trust, and we are committed to providing you with pure water and excellent service.