Terms of Service

1. Your Agreement to These Terms

These Terms of Service ("Terms") are a binding agreement between you and Biscayne Water LLC ("Biscayne Water," "we," "us," "our"). They cover your use of the website at biscaynewater.com (the "Site"), our online forms, our text-message communications, and the in-home water testing and installation services we provide. By using the Site or requesting service, you accept these Terms. If you do not agree, please do not use the Site or our services.

2. Use of the Site

You agree to use the Site for lawful purposes and in ways that do not harm Biscayne Water, our customers, or any third party. You will not:

• Attempt to hack, scrape at unreasonable volume, overload, reverse-engineer, or interfere with the Site.
• Impersonate another person or entity.
• Use the Site to send unsolicited messages.
• Submit false or misleading information through our forms.

3. Service Requests and Estimates

When you submit a contact form, schedule a free water test, or call us, you are requesting that we contact you. We will reach out by phone, email, or text using the information you provide, subject to your communication preferences and any opt-out instructions you have provided.

Free in-home water tests and estimates are provided at no charge and with no obligation. Any prices quoted verbally or in our forms are estimates, not binding offers; a written, signed contract is required before any installation work begins. Estimates are typically valid for 30 days.

4. Installations and Service Work

Installation and service work is governed by the written scope of work, statement of warranty, and any signed proposal between you and Biscayne Water (collectively, the "Service Agreement"). In the case of any conflict between these Terms and a Service Agreement, the Service Agreement controls for that work.

You agree to provide reasonable access to the work area, accurate information about your home and plumbing, and any HOA, condo, or landlord approvals required for the work.

5. Warranties

We stand behind our work. Specific warranty terms — including the lifetime warranty on covered equipment — are set out in the Service Agreement and the manufacturer documents we deliver with each system. To the extent allowed by Florida law, all implied warranties beyond what we expressly provide are disclaimed. Nothing in these Terms limits any non-waivable consumer rights you have under applicable law.

6. Payment, Cancellations, and Refunds

Deposits, milestone payments, and final balances are governed by the Service Agreement. Cancellation and refund policies are set out there. Late payments may accrue interest at the lower of 1.5% per month or the maximum rate allowed by Florida law. If we must use a collections service or attorney to recover unpaid amounts, you agree to pay reasonable costs and fees.

7. SMS Messaging Program

7.1 Program Description

Biscayne Water operates two text-message programs for customers who have requested a free water test, received a quote, or engaged our services through biscaynewater.com and have explicitly opted in to receive SMS notifications. Opt-in is collected via checkboxes on our website forms, with consent language displayed at the time of submission.

• Transactional / Informational Program: Sends appointment confirmations, installation reminders, free water test scheduling, quote follow-ups, and customer support messages. These messages are directly related to services you have requested.
• Promotional / Marketing Program: Sends special offers and service promotions related to water filtration. Participation requires separate express written consent via a dedicated opt-in checkbox. We do not send promotional messages to contacts who have only checked the transactional checkbox.

7.2 Opt-In and Consent

• You will only receive text messages if you have explicitly opted in by checking the applicable checkbox on a Biscayne Water form.
• We maintain timestamped records of all opt-in actions, including the consent language shown at the time of submission.
• Consent to receive marketing or promotional text messages is not a condition of purchase.
• You must be 18 years of age or older to participate in our SMS programs.
• We comply with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, and all applicable laws and regulations.

7.3 Cancellation / Opt-Out

• You can cancel SMS messages at any time by replying STOP to any message we send you.
• Upon sending STOP, you will receive a final confirmation message and no further messages will be sent unless you re-opt in.
• All opt-out requests are honored immediately.
• To rejoin, contact us directly and we will resume sending SMS messages to you.

7.4 Help and Support

• Reply HELP to any text message for assistance.
• You may also contact us at info@biscaynewater.com or call (305) 846-7352 during business hours.
• Business hours: Monday–Friday 8:00 AM–7:00 PM, Saturday 9:00 AM–4:00 PM ET.

7.5 Message Frequency and Rates

• Message frequency varies based on your service usage, appointment schedule, and (for promotional messages) active campaigns.
• Standard message and data rates may apply. Contact your wireless provider for details about your plan.
• Carriers are not liable for delayed or undelivered messages.

7.6 Supported Carriers

Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, and most regional carriers.

7.7 SMS Data Protection

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing with SMS aggregators and providers is permitted solely for the purpose of delivering messages you have consented to receive. All other use case categories exclude text messaging originator opt-in data and consent — this information will not be shared with any third parties.

8. Intellectual Property

The Site — including text, graphics, logos, photos, and code — is owned by Biscayne Water or our licensors and is protected by U.S. and international copyright and trademark laws. We grant you a limited, non-exclusive, non-transferable license to view and use the Site for your personal, non-commercial purposes. Do not copy, modify, or republish substantial portions of the Site without our written permission.

9. Disclaimers

The Site is provided "as is" and "as available." We do our best to keep it accurate and online, but we do not guarantee that the Site will be uninterrupted, error-free, or virus-free. Content on the Site — including blog articles, water-quality information, and FAQs — is general educational material, not a substitute for a professional evaluation of your specific water supply.

10. Limitation of Liability

To the fullest extent allowed by Florida law, Biscayne Water and our officers, employees, and contractors are not liable for indirect, incidental, special, consequential, or punitive damages arising out of your use of the Site, including loss of data, loss of profits, or loss of goodwill. Our total aggregate liability for any claim related to the Site is limited to the greater of (a) US $100 or (b) the amounts you have paid us in the prior 12 months. Liability for installation work is governed by the Service Agreement.

11. Indemnification

You agree to indemnify and hold Biscayne Water harmless from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your misuse of the Site or violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The exclusive venue for any dispute that is not first resolved through good-faith negotiation is the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction in those courts. You agree to waive any right to a jury trial to the extent allowed by law. Nothing in this section prevents either party from seeking emergency injunctive relief.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top. Material changes will be highlighted on this page or communicated directly. Your continued use of the Site or our services after the change means you accept the updated Terms.

14. Contact

Questions about these Terms? Reach out:

• Email: info@biscaynewater.com
• Phone: (305) 846-7352
• Mail: Biscayne Water LLC — 1600 Ponce de Leon Blvd, 10th Floor, Coral Gables, FL 33134