IMPORTANT NOTICE REGARDING ARBITRATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 15, YOU AGREE THAT DISPUTES BETWEEN YOU AND MORPHO WATER INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

(“Morpho Water,” “we,” “us,” or “our”). These Terms govern your access to and use of morphowater.com, any subdomains, our mobile messaging program, and any related content, features, or services we make available (collectively, the “Services”). By accessing or using the Services in any way — including browsing the site, creating an account, placing an order, subscribing to email or SMS communications, entering a promotion, or posting a review — you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

These Terms and Conditions (“Terms”) are a binding agreement between you and Morpho Water Inc., a Minnesota corporation with its principal place of business at 2937 Bay Street, Wayzata, Minnesota 55391 (“Morpho Water,” “we,” “us,” or “our”). These Terms govern your access to and use of morphowater.com, any subdomains, our mobile messaging program, and any related content, features, or services we make available (collectively, the “Services”).

By accessing or using the Services in any way — including browsing the site, creating an account, placing an order, subscribing to email or SMS communications, entering a promotion, or posting a review — you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

1. Eligibility and Accounts

1.1 Age. You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to create an account or place an order. General browsing of the Services is intended for a general audience and is not directed at children under 13 (or under 16 in the European Economic Area and UK). If we learn we have collected personal information from a child in violation of applicable law, we will delete it. See our Privacy Policy for more detail.

1.2 Authority. By using the Services, you represent that you have the legal capacity to enter into a binding contract and, if using the Services on behalf of an entity, that you are authorized to bind that entity.

1.3 Account Security. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at info@morphowater.com of any unauthorized use. We may suspend or terminate accounts that provide false, inaccurate, or incomplete registration information, or that we reasonably believe pose a security or fraud risk.

2. Products and Orders

2.1 Product Information. We describe our products, including Morpho Water spring water sourced from Costa Rica, as accurately as we can, but we do not warrant that product descriptions, pricing, or other content on the Services is error-free, complete, or current.

2.2 Offer and Acceptance. Listing a product on the Services is an invitation for you to make an offer to purchase, not an offer by us to sell. Your order is an offer to buy, which we may accept or decline in our sole discretion — for example, because of product unavailability, pricing or description errors, suspected fraud, or shipping restrictions. A contract for sale is formed only when we send you an order or shipping confirmation. We will notify you if we decline or must cancel an order after payment is taken, and your sole remedy in that case is a refund of amounts actually paid.

2.3 Pricing. Prices are stated in U.S. Dollars and are subject to change without notice. We reserve the right to correct pricing or other errors, including after an order has been submitted, and to limit quantities per person, household, order, or payment method.

2.4 Payment. You represent that any payment information you provide is accurate and that you are authorized to use the designated payment method. Sales tax, VAT, duties, and shipping charges will be added where applicable and disclosed before you complete checkout.

2.5 Shipping and Risk of Loss. Estimated delivery dates are not guaranteed. Risk of loss and title to products pass to you upon our delivery to the carrier, except where applicable law provides otherwise (see Section 15 for additional rights of EU/UK consumers).

2.6 Returns, Refunds, and Cancellation Rights. Our return and refund policy is available at morphowater.com/returns and is incorporated into these Terms. EU/UK/EEA consumers: you have a statutory right to cancel most orders within 14 days of receipt without giving a reason, as described in Section 15. Consumers in certain U.S. states (including but not limited to California) may have additional cancellation or refund rights under state law that these Terms do not limit.

2.7 Subscriptions and Auto-Renewal

If you enroll in a subscription or “subscribe & save” program, you authorize us to charge your payment method on a recurring basis at the interval and price disclosed to you at signup, until you cancel. Before you enroll, we will clearly and conspicuously disclose the subscription terms, the recurring charge, and how to cancel, consistent with the FTC's “Click-to-Cancel” rule framework and applicable state automatic-renewal laws (including California, New York, and other states with autorenewal statutes). You may cancel at any time through your account settings or by contacting info@morphowater.com; cancellation will be at least as easy as enrollment. Where required by state law, we will provide reminder notices before renewal of any term longer than one month, or before a free trial converts to a paid subscription.

3. Mobile Messaging Program

If you opt in to receive SMS or MMS messages from Morpho Water, that program is governed by our separate Mobile Terms of Service, available at morphowater.com/mobile-terms and incorporated into these Terms by reference.

4. User-Generated Content and Reviews

4.1 License. If you submit reviews, photos, comments, ideas, or other content to the Services (“User Content”), you grant Morpho Water a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, publish, translate, distribute, and display that User Content in any medium, for any purpose, without compensation to you. You represent that you own or control the necessary rights to grant this license and that your User Content does not infringe any third party's rights.

4.2 Honesty and Disclosure. Reviews and testimonials must reflect your genuine experience with the product. If you received a free or discounted product, compensation, or any other material benefit in connection with your review, you must clearly and conspicuously disclose that connection at the start of the review (for example, “I received this product for free in exchange for my honest review”), consistent with the FTC Endorsement Guides (16 C.F.R. Part 255).

4.3 Prohibited Content. You may not post content that is false or misleading; unlawful, defamatory, obscene, or harassing; infringing of a third party's intellectual property or privacy rights; intended to harm minors; or that impersonates any person or entity. We may remove any User Content and suspend accounts of repeat violators, in our discretion, and will cooperate with valid legal process.

4.4 No Confidentiality. We are not obligated to treat any unsolicited ideas or suggestions you send us as confidential, and we may use them without compensating you.

5. Prohibited Uses

You agree not to: (a) use the Services for any unlawful purpose; (b) interfere with or disrupt the Services or other users; (c) use automated means (bots, scrapers, crawlers) to access or extract data from the Services without our prior written consent; (d) use any content from the Services to train machine learning or AI models without our express prior written consent; (e) reverse engineer, decompile, or attempt to derive source code from the Services; (f) frame, mirror, or deep-link the Services without permission; or (g) misrepresent your identity or affiliation.

6. Intellectual Property

The Services and all content on them, other than User Content — including text, graphics, logos, product names, trade dress, and software — are owned by Morpho Water or its licensors and protected by copyright, trademark, and other intellectual property laws. “Morpho Water,” the Morpho Water logo, and related marks are trademarks of Morpho Water Inc. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use, subject to these Terms. No other rights are granted.

7. Third-Party Links and Services

The Services may link to third-party websites or services we do not control. We are not responsible for the content, policies, or practices of any third-party site, and inclusion of a link does not imply our endorsement. Your dealings with any third party are solely between you and that party.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL PRODUCTS, CONTENT, AND INFORMATION PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MORPHO WATER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties, so some of the above limitations may not apply to you. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited or excluded under applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Morpho Water and its affiliates, officers, directors, employees, and agents from any third-party claims, damages, liabilities, and reasonable expenses (including attorneys' fees) arising from: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of a third party.

11. Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others. If you believe content on the Services infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to our copyright agent at stern@bridgeattorneys.com. We will process valid notices consistent with the DMCA and may terminate accounts of repeat infringers.

12. Export Controls and Sanctions

You may not use, export, or re-export the Services in violation of U.S. export control or sanctions laws, including the Export Administration Regulations, or make the Services available to any person or country subject to a U.S. embargo or on a restricted-party list.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms. You may close your account at any time by contacting info@morphowater.com. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

14. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will post the updated Terms with a new “Last Updated” date and, where required by law, provide additional notice (such as email, for material changes affecting your legal rights). Your continued use of the Services after the effective date of an update constitutes acceptance, except that changes to the arbitration provisions in Section 16 will not apply retroactively to a dispute of which we had prior notice.

15. Additional Rights for EU, UK, and EEA Consumers

If you are a consumer located in the European Union, European Economic Area, or United Kingdom, the following additional terms apply and take precedence over any conflicting provision above:

Right of withdrawal. You may cancel an order for physical goods within 14 days of receipt without giving a reason, under the EU Consumer Rights Directive (2011/83/EU) or the equivalent UK regulations. To exercise this right, contact us at info@morphowater.com. You will generally bear the direct cost of returning goods, and we may reduce your refund to reflect any diminished value from handling beyond what is necessary to establish the nature of the goods.
Legal guarantee of conformity. Nothing in these Terms limits your statutory rights regarding defective or non-conforming goods, including any legal guarantee period applicable under the law of your country of residence.
Dispute resolution. EU/UK consumers are not required to use the arbitration process in Section 16 and may instead bring claims before the competent courts of their country of residence, or use the EU's Online Dispute Resolution platform at ec.europa.eu/consumers/odr, or the applicable UK Alternative Dispute Resolution body.
Data protection. Our processing of your personal data as a UK/EU resident is described in our Privacy Policy, which explains your GDPR rights and how to contact our EU/UK representative.

16. Dispute Resolution, Arbitration, and Class Action Waiver (U.S. and other consumers not covered by Section 15)

16.1 Informal Resolution First. Before filing a claim, you agree to contact us at info@morphowater.com or Attn: Bridge Law Group, Ltd., 2900 Washington Avenue North, Minneapolis, Minnesota 55411 and describe the dispute; we will attempt in good faith to resolve it informally for 60 days.

16.2 Agreement to Arbitrate. If we cannot resolve the dispute informally, you and Morpho Water agree that any claim or dispute arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by the American Arbitration Association in Minneapolis, Minnesota under its consumer arbitration rules, rather than in court, except as set out below. The Federal Arbitration Act governs the interpretation and enforcement of this section.

16.3 Class Action and Jury Trial Waiver. YOU AND MORPHO WATER EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. Disputes must be brought in an individual capacity only. If a court finds this class-action waiver unenforceable as to a particular claim or request for relief, that claim or request must be brought in court, and all other claims remain subject to arbitration.

16.4 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to prevent infringement or misuse of intellectual property.

16.5 Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to Bridge Law Group, Ltd., 2900 Washington Avenue North, Minneapolis, Minnesota 55411, with a copy to stern@bridgeattorneys.com, within 30 days of first becoming subject to these Terms, including your name and a clear statement that you wish to opt out of arbitration. If you opt out, neither of us will be bound by the arbitration provisions of this Section 16 for that dispute.

16.6 Costs. For consumer claims, we will pay arbitration filing fees as required by the applicable arbitration provider's consumer rules where your individual claim is for less than $10,000, except where the arbitrator finds the claim frivolous.

16.7 Mass Filings. If 25 or more similar arbitration demands are filed by or with the coordination of the same or coordinated counsel, the parties agree those claims will be administered under the applicable mass-arbitration protocol of the arbitration provider then in effect, which may include staged batching and fee procedures designed to make resolution of large numbers of similar claims more efficient.

17. Governing Law

Except as provided in Section 15 for EU/UK/EEA consumers, these Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles, and, for arbitration matters, by the Federal Arbitration Act. Subject to Section 16, the state and federal courts located in Hennepin County, Minnesota will have exclusive jurisdiction over any dispute not subject to arbitration.

18. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any Mobile Terms or Program-specific terms, are the entire agreement between you and Morpho Water regarding the Services.

Severability. If any provision is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger or sale of assets.

Force Majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control.

Notices. We may provide notices to you by posting on the Services or by email to the address associated with your account.

19. Contact Us

Morpho Water Inc. 2900 Washington Avenue North, Minneapolis, Minnesota 55411 Email: info@morphowater.com EU/UK Representative (if applicable): n.a.

California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by phone at (800) 952-5210.