Terms of Service
Last Updated: November 5, 2025
1. Acceptance of Terms
These terms of use are entered into by and between You and AquaEdge LLC ("Company," "we," or "us"). The following terms and conditions govern your access to and use of aquaedge.co, including any content, functionality, and services offered on or through aquaedge.co (the "Platform"), including our AI-powered learning assistant Phil and related features, whether as a guest or a registered user.
By using the Platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.
This Platform is offered and available to users who are 13 years of age or older. Users under 18 should have parental or guardian consent before using our Services. By using this Platform, you represent and warrant that you meet these eligibility requirements. If you are a parent or guardian allowing a minor to use our Services, you agree to be bound by these Terms and are responsible for the minor's use of the Platform.
2. Description of Services
AquaEdge provides an AI-powered learning platform that includes:
- Phil, an AI learning assistant providing voice-based tutoring and support
- Focus monitoring using camera-based face tracking technology
- Study session tracking and analytics
- Learning management tools including subjects/selections and session history
- AI-powered chat and content generation for educational purposes
- Session summaries and progress tracking
Our Services use artificial intelligence, including integration with third-party AI providers, to deliver personalized learning experiences. AI-generated content should be used as a supplement to, not a replacement for, traditional learning methods and professional instruction.
3. Account Security and Access
We reserve the right to withdraw or amend the Platform, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.
You are responsible for:
- Making all arrangements necessary for you to have access to the Platform
- Ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them
- Ensuring all registration information is correct, current, and complete
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Obtaining necessary device permissions (camera, microphone) for features to function properly
4. Camera and Microphone Usage
Our focus monitoring feature uses your device's camera to track your attention during study sessions. Our voice tutoring feature uses your device's microphone to enable conversation with Phil. By using these features:
- You grant us permission to access and use your camera and microphone
- You acknowledge that camera data is processed locally and used to generate focus scores
- You understand that voice recordings are transcribed and stored as part of your session history
- You agree that voice data may be processed by third-party AI providers (including OpenAI)
- You can disable these features at any time in your device or browser settings
Camera and microphone access is optional but required for certain features to function. We do not share raw video or audio recordings with third parties, though we may share transcriptions and analytics data.
5. Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
- Modify copies of any materials from the Platform
- Delete or alter any copyright, trademark, or other proprietary rights notices
- Use the Platform for unauthorized commercial purposes
- Reverse engineer or attempt to extract source code from our Services
- Transfer any rights granted to you under these Terms
6. AI-Generated Content and Accuracy
Phil and our AI features generate responses and content using artificial intelligence technology. You acknowledge and agree that:
- AI-generated content may contain errors, inaccuracies, or outdated information
- You should independently verify important information provided by AI features
- AI content is for educational assistance only and not a substitute for professional instruction
- We do not guarantee the accuracy, completeness, or usefulness of AI-generated content
- You are solely responsible for how you use AI-generated information in your studies
Do not rely solely on AI-generated content for critical decisions, assessments, or submissions. Always consult with qualified instructors, educators, or subject matter experts when needed.
7. Changes to Terms
We reserve the right to modify these Terms at any time at our sole discretion. Changes become effective immediately upon posting to our website. Your continued use of the Services following any changes constitutes acceptance of those changes. We may, but are not obligated to, notify you of material changes via email or through our Services. It is your responsibility to review these Terms periodically.
8. Account Terms
You are responsible for:
- Maintaining accurate account information
- Ensuring the security of your account credentials
- All activities occurring under your account
- Proper use of the Services in accordance with these Terms
- Compliance with all applicable laws and regulations
- Respecting academic integrity policies when using AI assistance
We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms or suspected fraudulent, abusive, or illegal activities.
9. Payment Terms
By subscribing to our Services:
- You agree to pay all fees according to your selected plan ($92/month for Plus or custom token-based pricing for Pro)
- All payments are processed securely through our authorized payment providers
- EdgeAI tokens are included with Plus plans and purchased separately for Pro plans
- You may cancel your subscription at any time
- We reserve the right to modify pricing with 30 days notice
- Failure to maintain valid payment information or pay fees may result in service suspension
We maintain a strict no-refund policy. However, refund requests may be considered on a case-by-case basis by contacting our support team.
10. Service Availability and Modifications
Regarding our service availability:
- We do not guarantee uninterrupted or error-free service
- We may modify, suspend, or discontinue any part of our Services at any time
- We reserve the right to change features, requirements, or rules without notice
- Service interruptions may occur for maintenance, updates, or factors beyond our control
- We are not liable for any service interruptions, errors, or data loss
11. Data Usage and Privacy
By using our Services, you agree to our data handling practices as described in our Privacy Policy. You acknowledge and agree that:
- We collect study session data, focus scores, and learning analytics
- We store voice transcriptions and AI chat history
- We process camera data locally to generate focus metrics
- We may use aggregated, anonymized data to improve our Services
- We share data with third-party AI providers (including OpenAI) to deliver Services
- We implement reasonable security measures but cannot guarantee absolute security
Voice and Session Data: Our Services store voice transcriptions and session data to provide learning history and progress tracking. Voice data is transcribed using third-party AI services. While we implement security measures to protect your data, we cannot guarantee absolute security. See our Privacy Policy for complete details.
12. Intellectual Property
All rights, title, and interest in the Services, including all intellectual property rights, remain with AquaEdge. You receive only a limited, non-exclusive, non-transferable license to use the Services as intended for personal educational use. You may not copy, modify, distribute, sell, or lease any part of our Services or included software.
13. Limitation of Liability
To the maximum extent permitted by law:
- AquaEdge shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability shall not exceed the amount paid by you for the Services in the past 12 months
- We are not liable for any loss of data, session history, learning records, or any other information
- We do not guarantee any specific outcomes, results, or achievements of any kind, including but not limited to academic performance, test scores, grades, learning improvements, or educational success
- You are solely responsible for how you use AI-generated content and for compliance with your school's academic integrity policies
- You agree to indemnify and hold us harmless against any claims arising from your use of the Services, including but not limited to claims related to academic dishonesty, misuse of AI assistance, or any results or outcomes from using the Services
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of accuracy, reliability, or fitness for educational purposes.
14. Term and Termination
These Terms remain in effect while you use our Services. We reserve the right to terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease, and we may delete your account data in accordance with our Privacy Policy.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of South Carolina, and you consent to the personal jurisdiction of such courts.
16. Contact Information
For questions about these Terms or our Services, please contact us at support@aquaedge.co