Welcome to WaterKicker.com. These Terms of Service ("Terms") govern your access to and use of the WaterKicker website, the audio frequency generation and visualization tools, and all related content, features, and services (collectively, the "Service") provided by WaterKicker ("WaterKicker", "we", "our", or "us"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you and WaterKicker.
WaterKicker provides a web-based utility designed to help users remove water from the speakers of their electronic devices. The Service achieves this by generating and playing low-frequency sound waves through your device's speakers, with the goal of creating vibrations that expel trapped water. The platform includes an interactive water level gauge, frequency controls, a "sweep mode," and a stereo channel test, all intended to create a user-friendly and effective experience. The Service is provided as-is and for informational and experimental purposes only.
Your use of the Service is subject to your compliance with these Terms. You agree to use the Service only for its intended, lawful purpose. You are solely responsible for the volume level at which you play audio through the Service. It is your responsibility to ensure that the volume is at a safe and appropriate level for your hearing health and your device's hardware capabilities. You must not use the Service in any way that could damage your device, cause harm to others, or interfere with the operation of the Service or any other party's use of it. Furthermore, you agree not to use the Service for any unlawful or prohibited purpose, including but not limited to reverse engineering, copying, or distributing any part of the Service.
You acknowledge that the Service is a tool intended to assist in the removal of water from speakers, but its effectiveness can vary based on numerous factors, including the type of device, the amount of water, and the existing condition of the speakers. WaterKicker makes no representation or warranty that the Service will successfully remove water from your device. You accept full responsibility for the use of the Service and any consequences that may arise, including but not limited to hardware damage or hearing loss. We strongly advise starting with a low volume and gradually increasing it while monitoring your device and your own hearing. The Service is designed with a two-minute auto-shutoff feature as a safety measure to prevent overheating; however, it is not a guarantee against all forms of hardware strain.
All content, features, and functionality of the Service, including but not limited to the website design, user interface, text, graphics, software, and the underlying code, are owned by WaterKicker or its licensors and are protected by international copyright, trademark, and other intellectual property laws. The WaterKicker name and logo are trademarks of WaterKicker. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use in accordance with these Terms. You may not modify, reproduce, distribute, create derivative works from, or otherwise exploit any part of the Service without our prior written consent.
Any comments, suggestions, ideas, or other feedback you provide to us regarding the Service ("Feedback") will become the property of WaterKicker. You acknowledge that we may use, reproduce, disclose, and distribute such Feedback for any purpose without restriction and without any obligation to compensate you. You are solely responsible for any content you choose to share through any available channels on or relating to the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WATERKICKER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATERKICKER, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE, OR ONE HUNDRED U.S. DOLLARS ($100) IF NO SUCH PAYMENT WAS MADE.
You agree to indemnify, defend, and hold harmless WaterKicker and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your violation of any third-party rights; or (d) your use of the Service to cause damage to any hardware or other personal property.
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Service at any time, with or without notice, and for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Service will immediately cease. The provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property, warranty disclaimers, indemnity, and limitation of liability, shall survive any such termination.
The Service may contain links to third-party websites or services, including advertisements. These links are provided for your convenience only. We do not control, endorse, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. Your use of such linked sites is at your own risk and is subject to their own terms and policies.
WaterKicker reserves the right to modify or discontinue, temporarily or permanently, the Service or any part thereof, with or without notice. We also reserve the right to update these Terms from time to time. The most current version of these Terms will be posted on this page. Your continued use of the Service after any changes to the Terms constitutes your acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in San Francisco County, California. You agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claims. To the fullest extent permitted by law, you agree to waive any right to a jury trial or to participate in a class action.
These Terms constitute the entire agreement between you and WaterKicker regarding your use of the Service and supersede all prior or contemporaneous communications and agreements. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.