Please read these Master Platform Terms of Service carefully before using the WaterShield platform.
Effective Date: September 6, 2026
Last Updated: September 6, 2026
Contracting Entity: Core Durability, LLC (an Arizona limited liability company) doing business as WaterShield
Principal Business Address: 4814 E Mabel St., Tucson, AZ 85712, Pima County
Contact Email: legal@watershield.app
THESE MASTER PLATFORM TERMS OF SERVICE ("TERMS") CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (INDIVIDUALLY OR ON BEHALF OF THE ENTITY OR FACILITY YOU REPRESENT, "CUSTOMER," "USER," "YOU," OR "YOUR") AND CORE DURABILITY, LLC (AN ARIZONA LIMITED LIABILITY COMPANY) DOING BUSINESS AS WATERSHIELD ("COMPANY," "WATERSHIELD," "WE," "US," OR "OUR").
BY CLICKING "I AGREE," REGISTERING AN ACCOUNT, ACCESSING OR USING THE WATERSHIELD SOFTWARE-AS-A-SERVICE PLATFORM, MOBILE APPLICATIONS, IOT TELEMETRY APIS, OR SENSOR HARDWARE (COLLECTIVELY, THE "SERVICE"), YOU AFFIRMATIVELY AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, HOSPITAL, DENTAL PRACTICE, OR FACILITY, YOU REPRESENT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND THAT ORGANIZATION.
1.1 Document Ecosystem & DPA Incorporation: Your access to and use of the Service is governed by these Terms, our Master Privacy Policy (/privacy), our Master Data Processing Agreement (DPA) (/dpa), and where applicable, the WaterShield Business Associate Agreement (BAA). The Data Processing Agreement governs the strict parameters, technical and organizational security measures (TOMs), and regulatory roles under which we process facility telemetry, sampling records, and water management compliance data on your behalf. The Data Processing Agreement is explicitly incorporated into these Terms by reference as an integral legal schedule.
1.2 Access and Consideration: You acknowledge that access to the Service is provided subject to your agreement to these Terms and timely payment of applicable subscription fees. If you are accessing the Service during a trial, promotional, or beta period, your consideration includes your provision of operational metrics, system feedback, and telemetry. You hereby grant Core Durability, LLC a perpetual, irrevocable, worldwide, royalty-free license to utilize your inputted and subsequently anonymized facility telemetry, water sampling measurements, and thermodynamic metrics strictly for platform enhancement, diagnostic algorithms, and statistical benchmarking. Core Durability, LLC expressly covenants that such data shall NEVER be sold or used to train public or proprietary foundational Artificial Intelligence (AI) Large Language Models without separate, express written consent.
2.1 Corporate Authority: If you register an account on behalf of a corporation, hospital, surgery center, dental practice, healthcare facility, or municipality, you warrant under penalty of law that you possess full legal authority to bind that entity to these Terms.
2.2 Role-Based Access Control: You are solely responsible for maintaining the confidentiality of administrative credentials, API keys, and multi-factor authentication (MFA) tokens. You must immediately notify Core Durability, LLC of any unauthorized access to or compromise of administrative credentials or session tokens.
3.1 Subscription Fees and Billing: Access to the Service is billed on a recurring monthly or annual subscription basis in accordance with published tier schedules (Free, Watch, Guard, Shield, Fortress). By providing a payment method, you expressly authorize Core Durability, LLC to charge the applicable fees via our PCI-compliant payment processor (Stripe, Inc.) on a recurring basis.
3.2 Renewals, Cancellation, and Retention: Subscriptions automatically renew unless cancelled at least twenty-four (24) hours prior to the renewal date. All fees are non-refundable except as expressly mandated by applicable law. Upon subscription cancellation, you retain read-only access to your account data for thirty (30) days, after which data disposition is governed by Section 6 of the Data Processing Agreement. For active commercial accounts, compliance data retention adheres to industry regulatory standards (minimum 7 years).
4.1 Passive Administrative Data Management Tool: The Service is a cloud-based software application designed to log, store, organize, and visualize water quality parameters and compliance documentation. The Service is a passive administrative data management tool and does not physically interface with, control, adjust, or monitor your facility's physical plumbing systems, water heaters, biocide dosing pumps, cooling towers, dental chair delivery units, or sterile processing washers.
4.2 Disclaimer of Pathogen Eradication: Core Durability, LLC does not guarantee, warrant, or promise that the use of the Service will prevent, eliminate, or control the presence of Legionella pneumophila, Pseudomonas aeruginosa, Nontuberculous Mycobacteria (NTM), heterotrophic waterborne bacteria, or any other waterborne pathogens in your physical water systems. Utilization of the Service does not automatically satisfy statutory compliance with ASHRAE Standard 188, ASHRAE Standard 514, ASSE 12080, CMS QSO-17-30, or local municipal plumbing codes.
4.3 Physical Inspection & Site Execution Requirement: Core Durability, LLC does not conduct physical site surveys, water sample collections, laboratory analyses, or mechanical engineering evaluations. Customer retains absolute and unyielding responsibility for conducting physical inspections, executing water management plans (WMPs), performing timely biocide dosing, maintaining proper temperature limits, and dispatching certified personnel for physical remediation.
5.1 Environmental Safety Demarcation: WaterShield is strictly an environmental water quality management, physical plumbing asset tracking, and microbiological risk compliance platform. The Service is not designed, intended, or certified as an electronic health records (EHR) system.
5.2 Affirmative Prohibition on Patient PHI: Customer explicitly represents, warrants, and covenants that it shall NOT enter, upload, transmit, or store any Protected Health Information (PHI) or electronic Protected Health Information (ePHI), as defined under 45 CFR § 160.103, in any standard free-text field, comment section, equipment nickname, or uploaded file attachment.
5.3 Business Associate Agreement Availability: For healthcare covered entities requiring formal HIPAA assurances, Company provides an automated, self-serve Business Associate Agreement (BAA) execution module in Organization Settings (/dashboard/settings?tab=compliance) for qualifying Healthcare archetypes and Enterprise subscription tiers. In the absence of an executed BAA, Customer assumes total statutory liability for any inadvertent transmission of patient identifiers.
6.1 Water Sampling Data Accuracy Responsibilities: Customer bears sole, affirmative, and exclusive legal responsibility for the physical truthfulness, sampling chain-of-custody, completeness, and accuracy of all water sampling data, temperature measurements, pH levels, disinfectant residual readings, and laboratory test results submitted to or ingested by the Service, whether entered manually, uploaded as electronic files, or transmitted via automated integration.
6.2 System Configuration & Alert Pathways: Customer retains exclusive responsibility for configuring control points, critical limits, notification thresholds, escalation chains, and alert recipient lists. Core Durability, LLC is not liable for missed notifications or unaddressed water quality deviations resulting from user misconfiguration or invalid contact information.
6.3 Mandatory Verification of Laboratory Imports (LIMS, EDD, OCR, LLM): While direct LIMS integrations and Electronic Data Deliverables (EDDs) are the preferred standard for lab data ingestion, any automated Optical Character Recognition (OCR) or Large Language Model (LLM) PDF parsing feature is provided solely as an unsupported convenience tool. Customer has an absolute, affirmative obligation to manually review and verify all OCR-extracted and LLM-parsed parameters against the official, certified physical laboratory Certificate of Analysis (COA) prior to taking operational, corrective, clinical, or public health actions.
6.4 Execution of Corrective Action Plans (CAPAs): Customer is solely responsible for initiating, executing, verifying, and documenting all physical Corrective Actions (CAPAs), flushing procedures, superchlorination, thermal disinfection, operatory shock, and engineering controls in response to system alerts or positive microbiological results.
6.5 Auxiliary Convenience Nature of IoT Hardware Telemetry: Automated IoT telemetry (including LoRaWAN 915 MHz transceivers, temperature sensors, flow meters, and pressure transducers) is provided strictly as an auxiliary monitoring convenience.
6.6 Disclaimer of Wireless & Environmental Failure Modes: Customer acknowledges that IoT communications are vulnerable to physical limitations. Company expressly disclaims all liability for:
6.7 Mandatory Redundant Metrology: Customer maintains an ongoing, non-delegable duty to maintain secondary physical metrology (e.g., NIST-traceable calibrated hand-held thermometers, chemical reagent colorimeters) and conduct routine visual inspections of mechanical gauges.
7.1 Assistive Tool Classification: Optical Character Recognition (OCR), Large Language Model (LLM) document ingestion, and PaddleVision automated bacterial colony counting are preliminary assistive convenience tools. They do NOT constitute medical devices, clinical diagnostic opinions, or accredited laboratory certifications.
7.2 Mandatory Human Clinical & Engineering Verification: Customer explicitly agrees that licensed facility engineers, certified infection preventionists, or dental practitioners MUST visually inspect and manually verify all colony counts, CFU/mL calculations, and laboratory analyte extracts before making any clinical, surgical, disinfection, or equipment operational decisions.
7.3 Zero AI Model Training: In accordance with our DPA, Company guarantees that Customer lab reports, photos, and engineering schematics are NEVER utilized to train public or commercial AI models.
8.1 Learned Intermediary Defense: WaterShield provides algorithmic calculations, automated workflows, and compliance tracking based on user-supplied parameters. The platform CANNOT replace the professional judgment of licensed engineers, certified water treatment specialists, and clinical infection preventionists ("learned intermediaries"). All final operational decisions (including chemical dosing, thermal eradication flushing, operatory shutoffs, and surgical device processing lockouts) remain the sole and exclusive responsibility of Customer's licensed professionals.
8.2 No Eradication Guarantee: Company does NOT guarantee the complete physical eradication or prevention of Legionella pneumophila, heterotrophic waterborne bacteria, nontuberculous mycobacteria, or other waterborne pathogens within Customer's physical water infrastructure.
THIS SECTION SIGNIFICANTLY LIMITS OUR LIABILITY. PLEASE READ CAREFULLY.
9.1 WAIVER OF INDIRECT DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CORE DURABILITY, LLC, ITS AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, LOSS OF REPUTATION, HOSPITAL ACCREDITATION LOSS, OR REGULATORY FINES, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 DIRECT DAMAGES LIABILITY CAP: COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE SHALL BE STRICTLY LIMITED TO THE GREATER OF FIVE HUNDRED U.S. DOLLARS ($500.00) OR THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
9.3 CONFIRMED DATA BREACH "SUPER CAP": NOTWITHSTANDING SECTION 9.2, COMPANY'S MAXIMUM AGGREGATE LIABILITY FOR PROVEN CLAIMS ARISING EXCLUSIVELY FROM A CONFIRMED CUSTOMER DATA BREACH RESULTING DIRECTLY FROM COMPANY'S FAILURE TO MAINTAIN MANDATED TECHNICAL AND ORGANIZATIONAL MEASURES (TOMS) UNDER THE DPA SHALL BE CAPPED AT TWO (2) TIMES (2X) THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER IN THE PRECEDING TWELVE (12) MONTHS.
9.4 GROSS NEGLIGENCE & PUBLIC POLICY EXCLUSIONS: THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 9 APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR DAMAGES RESULTING DIRECTLY FROM CORE DURABILITY, LLC'S GROSS NEGLIGENCE, INTENTIONAL FRAUD, OR WILLFUL MISCONDUCT.
10.1 Customer Indemnification: Customer agrees to defend, indemnify, and hold harmless Core Durability, LLC, its officers, members, directors, and employees from any third-party claims, damages, liabilities, or regulatory enforcement actions arising from: (a) Customer's breach of these Terms or the regulatory schedules; (b) inaccurate or falsified sampling data or laboratory reports submitted to the platform; (c) physical pathogen outbreaks or waterborne illness events occurring at Customer's facility; (d) Customer's failure to execute water management plans or physical corrective actions; or (e) Customer's unauthorized submission of Protected Health Information (PHI).
10.2 Insurance Requirements & Waiver of Subrogation: Customer agrees to maintain Commercial General Liability (CGL) insurance coverage with minimum limits of $1,000,000 per occurrence. Customer agrees to name Core Durability, LLC as an Additional Insured and to obtain a Waiver of Subrogation endorsement in favor of Core Durability, LLC from its insurance carrier preventing subrogation recovery actions against us.
11.1 MANDATORY BINDING COMMERCIAL ARBITRATION: ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE SETTLED BY BINDING COMMERCIAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES.
11.2 EXCLUSIVE SEAT & VENUE: THE EXCLUSIVE SEAT, LEGAL PLACE, AND VENUE OF ARBITRATION SHALL BE TUCSON, PIMA COUNTY, ARIZONA. PROCEEDINGS SHALL BE CONDUCTED IN ENGLISH BEFORE A SINGLE COMMERCIAL ARBITRATOR.
11.3 CLASS ACTION WAIVER: ALL PROCEEDINGS MUST BE CONDUCTED STRICTLY ON AN INDIVIDUAL BASIS. CUSTOMER EXPRESSLY WAIVES ANY RIGHT TO COMMENCE, JOIN, OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE PROCEEDING, OR REPRESENTATIVE ACTION AGAINST CORE DURABILITY, LLC.
These Terms, and all claims arising out of or related hereto, shall be governed by and construed in accordance with the laws of the STATE OF ARIZONA, United States, without giving effect to any choice or conflict of law principles. Subject to Section 11, the state and federal courts located in Pima County, Arizona shall have exclusive jurisdiction over any legal proceedings arising hereunder.
Customer acknowledges that compliance logs, electronic signatures, and Water Management Plans generated by the Service are cryptographically sealed using RFC 8785 JSON Canonicalization Scheme (JCS) and SHA-256 Merkle root event chains. In accordance with 21 CFR Part 11, electronic signatures executed within the platform are legally binding equivalents of handwritten signatures.
Either party may terminate subscription access upon written notice or via account self-service. Upon termination, Customer right of access ceases. Customer data export and permanent deletion shall be executed within thirty (30) days in accordance with Section 6 of the DPA, subject to mandatory seven (7) year regulatory retention schedules for cryptographically sealed compliance audit trails, digital signature manifests, and executed BAAs.
The following operational schedules form integral, binding addenda to these Master Terms of Service across applicable facility verticals:
1. Standards Covered: ANSI/ASHRAE Standard 188-2021, ANSI/ASHRAE Standard 514-2023, CMS Quality, Safety & Oversight Memorandum QSO-17-30, and ASSE 12080.
2. Operational Limits: Customer is responsible for establishing and maintaining physical control limits (hot water storage ≥ 140°F, loop return ≥ 122°F, cold water ≤ 68°F, free chlorine ≥ 0.20 ppm or total chlorine ≥ 0.50 ppm).
3. Stagnation Flushing: Customer retains full operational responsibility for executing distal tap flushing and ASTM B88 hydraulic dead-leg scour velocity protocols (> 2.0 ft/s) in stagnant plumbing runs.
1. Standards Covered: CDC Guidelines for Infection Control in Dental Health-Care Settings, ADA DUWL Standards, and EPA Drinking Water Limits (≤ 500 CFU/mL).
2. Bioburden Limits: Effluent water from dental chair operatories must not exceed 500 CFU/mL of heterotrophic waterborne bacteria.
3. Operatory Isolation: Customer covenants that any dental chair unit exhibiting microbial test results > 500 CFU/mL shall be immediately isolated and removed from patient clinical use until remedial shock and re-testing confirm compliance.
4. Chemical Shock: Customer is responsible for proper chemical disinfection using EPA-registered waterline shock treatments according to manufacturer instructions.
5. In-Office Dip-Paddle Testing: Paddle testers must be incubated at ambient room temperature (20°C–25°C) for 48 to 72 hours prior to colony counting.
1. Standards Covered: ANSI/AAMI ST108:2023 (Water for the processing of medical devices).
2. Water Categorization: Customer must maintain strict operational distinction between:
3. Annex G Equipment Lockouts: Customer acknowledges that automated or administrative lockouts on washer-disinfectors, ultrasonic cleaners, cart washers, and sterilizers during Critical Water or Steam Condensate excursions are vital protective measures; Customer is solely responsible for facility mechanical interlock wiring, sensor calibration, and manual override decisions.
4. Microbiological Clearance & Dual Sign-Off Restoration: Restoration of reprocessing equipment following an excursion lockout strictly mandates verified microbiological clearance (demonstrating three (3) consecutive compliant sampling events) and dual independent electronic sign-offs (Facilities Director / Lead Water Engineer and Infection Preventionist / SPD Director) with anti-self-co-sign validation pursuant to 21 CFR Part 11.
5. Contingency Water: Customer is responsible for maintaining and validating mobile reverse osmosis (RO) trailer hookups, bypass filtration, and emergency bottled water supplies during municipal water advisories.