1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and AquaMossnest, Inc. ("AquaMossnest," "we," "us," or "our") regarding your use of our website, products, and services (collectively, the "Services").

1.1 Modifications to Terms

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to our website. Material changes will be conspicuously posted on our website or through other reasonable communication methods. Your continued use of the Services after changes constitutes your acceptance of the modified Terms.

1.2 Eligibility

To use our Services, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By using our Services, you represent and warrant that you meet these requirements.

2. Services Overview

AquaMossnest provides smart irrigation solutions including design, installation, maintenance, and related services for residential and commercial properties. Our Services include but are not limited to:

• Smart irrigation system design and installation
• Lawn sprinkler systems
• Rainwater harvesting integration
• Micro-zone mapping
• System maintenance and repairs
• Specialty installations (living walls, moss gardens, etc.)
• Consultation and auditing services

2.1 Service Limitations

Our Services are subject to the following limitations:

• Services are only available in our designated service areas
• Certain Services may require specific site conditions or property features
• Installation may be subject to local permitting and regulatory requirements
• Some Services may have seasonal availability

3. Account Registration

Certain features of our Services may require you to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the confidentiality of your account credentials
• Be responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Orders and Payments

4.1 Pricing

All prices are in U.S. dollars unless otherwise stated. We reserve the right to adjust prices at any time, but price changes will not affect orders already accepted.

4.2 Estimates

Written estimates are valid for 30 days from date of issue. Final costs may vary based on actual site conditions, requested changes, or unforeseen circumstances discovered during installation.

4.3 Payment Terms

Payment terms are as follows unless otherwise agreed in writing:

• 50% deposit required upon contract signing
• 45% due upon commencement of installation
• 5% final payment due upon completion and customer acceptance

Late payments will accrue interest at 1.5% per month or the maximum rate allowed by law.

4.4 Taxes

You are responsible for all sales, use, and other taxes associated with your order unless we are required by law to collect such taxes.

5. Installation and Service Terms

5.1 Site Preparation

Customer is responsible for:

• Providing clear access to all work areas
• Marking or disclosing all underground utilities not located by utility locating services
• Obtaining any necessary permits or approvals from homeowners' associations
• Securing permission for work on shared or common property

5.2 Installation Process

Our standard installation process includes:

• Initial consultation and site assessment
• System design and proposal
• Installation by certified technicians
• System testing and programming
• Customer training
• Follow-up adjustments

5.3 Customer Responsibilities

After installation, Customer agrees to:

• Follow all operation and maintenance instructions provided
• Schedule seasonal maintenance as recommended
• Protect system components from damage during landscaping or construction
• Winterize the system if in cold climate areas

6. Warranties

6.1 Workmanship Warranty

AquaMossnest warrants that all Services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty lasts for one year from completion of Services.

6.2 Manufacturer Warranties

Equipment and materials are covered by the manufacturers' original warranties, which we will assist in enforcing. Warranty periods vary by component but typically range from 1-5 years.

6.3 Warranty Limitations

Our warranties do not cover:

• Damage caused by misuse, neglect, or unauthorized repairs
• Damage from natural disasters, accidents, or vandalism
• Normal wear and tear or cosmetic damage
• Problems caused by improper water pressure or quality
• Changes made to the system by others

7. Limitation of Liability

To the maximum extent permitted by law:

• AquaMossnest's total liability for any claims related to the Services shall not exceed the amount paid by Customer for the specific Services giving rise to the claim
• We shall not be liable for any consequential, incidental, indirect, or special damages
• We are not responsible for damage to property not directly caused by our negligence
• We are not liable for water usage or savings guarantees as these depend on many factors beyond our control

8. Intellectual Property

8.1 Ownership

All intellectual property rights in our designs, systems, and materials remain our exclusive property. Customer receives a limited license to use the installed system for its intended purpose.

8.2 Restrictions

Customer may not:

• Copy, modify, or reverse engineer our systems or designs
• Use our intellectual property for any commercial purpose without authorization
• Remove or alter any proprietary notices

9. Termination

9.1 By Customer

You may terminate Services by providing written notice. Cancellation fees may apply based on work already performed.

9.2 By AquaMossnest

We may terminate Services if:

• You breach these Terms and fail to cure within 30 days of notice
• We determine the Services cannot reasonably be completed
• Required permits or approvals cannot be obtained

10. Dispute Resolution

10.1 Negotiation

Parties agree to attempt to resolve disputes through good faith negotiation before initiating formal proceedings.

10.2 Mediation

If negotiation fails, disputes shall be submitted to mediation with a mutually acceptable mediator before litigation.

10.3 Governing Law

These Terms shall be governed by Oregon law without regard to conflict of law principles.

10.4 Jurisdiction

Any legal actions shall be brought in the state or federal courts of Multnomah County, Oregon.

11. General Provisions

11.1 Entire Agreement

These Terms, together with any written proposals or contracts, constitute the entire agreement between the parties.

11.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions will remain in full effect.

11.3 Waiver

Failure to enforce any right under these Terms does not constitute a waiver of that right.

11.4 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control.

11.5 Assignment

Customer may not assign these Terms without our prior written consent.

11.6 Notices

Notices must be in writing and sent to our corporate address or your account email.

12. Water Conservation Disclaimer

While our systems are designed to reduce water usage, actual savings depend on numerous factors including:

• Current irrigation practices and system efficiency
• Plant types and their water requirements
• Soil conditions and drainage
• Local climate and weather patterns
• Proper system maintenance and operation

AquaMossnest does not guarantee specific water savings or reductions in water bills. Any estimates provided are based on typical results and your actual experience may vary.

13. System Performance

Our irrigation systems are designed to provide efficient water distribution under normal operating conditions. However, system performance may be affected by:

• Water pressure fluctuations
• Water quality issues (sediment, minerals, etc.)
• Physical damage to components
• Changes in landscape or plantings
• Extreme weather conditions

Regular maintenance is required to maintain optimal performance. AquaMossnest is not responsible for plant damage or loss resulting from improper system operation, lack of maintenance, or circumstances beyond our control.

14. Third-Party Products

Our systems may incorporate components manufactured by third parties. While we select reputable suppliers, AquaMossnest is not responsible for defects in third-party products beyond facilitating warranty claims. Compatibility of third-party products with our systems is not guaranteed unless specifically approved by us in writing.

15. Smart Technology

Our smart irrigation controllers rely on various technologies including:

• Internet connectivity for weather data and remote access
• Wireless communication with sensors
• Mobile applications for user control

AquaMossnest is not responsible for:

• Internet service outages or limitations
• Mobile app compatibility with all devices
• Changes in third-party service providers
• Operation of the system when not connected to required services

16. Property Damage

While we take utmost care during installation, AquaMossnest is not responsible for:

• Damage to underground utilities not properly marked or disclosed
• Damage to existing irrigation systems not disclosed prior to installation
• Changes in landscape appearance resulting from necessary installation procedures
• Damage caused by others after installation is complete

17. Service Area Limitations

Our Services are currently available only in designated areas of Oregon and Washington. Service calls outside our standard service area may be subject to additional travel fees. AquaMossnest reserves the right to refuse service in areas where we cannot ensure proper installation or maintenance standards.

18. Changes to Services

AquaMossnest reserves the right to:

• Modify or discontinue any aspect of our Services
• Change product suppliers as needed
• Update system designs and technologies
• Adjust service areas and availability

We will make reasonable efforts to notify customers of changes that may affect existing systems or service agreements.

19. Contact Information

For questions about these Terms or our Services, please contact:

AquaMossnest, Inc.
1234 Greenway Blvd, Suite 200
Portland, OR 97201
Phone: 1-800-555-6789
Email: legal@aquamossnest.com