Terms of Service

Last updated: July 17, 2026

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1. Who we are & acceptance of these Terms

These Terms of Service (the "Terms") are a binding legal agreement between you and POSIBLEX LLC, a New Mexico limited liability company doing business as Aguacero ("Aguacero," "we," "us," or "our"). They govern your access to and use of tryaguacero.com and any related pages, content, products, subscriptions, and services (together, the "Services").

By accessing the Services, creating an account, or placing an order, you agree to these Terms and to our Privacy Policy, Shipping Policy, Refund & Return Policy, and Subscription & Auto-Renewal Terms, each of which is incorporated here by reference. If you do not agree, please do not use the Services or place an order.

Please read Section 16 (Dispute Resolution & Binding Arbitration) carefully. It requires disputes to be resolved by individual arbitration, waives your right to a jury trial and to participate in class actions, and gives you a 30-day right to opt out.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services or place an order. By using the Services, you represent that you meet these requirements and that any information you provide is true. We do not knowingly sell to, or collect information from, anyone under 18.

3. Your account & accurate information

You may check out as a guest, or create an account to manage orders, subscriptions, and payment details. If you create an account, you agree to provide accurate, current, and complete information, to keep it up to date, and to keep your login credentials confidential. You are responsible for all activity under your account. Please notify us at support@tryaguacero.com if you suspect unauthorized use. We may suspend or close accounts that contain false information or that are used to violate these Terms.

4. Products, pricing & availability

We offer the ZERO Filtered Showerhead, Replacement Filters, the Initial Filter (included with your showerhead), the DiatoMAT Bath Mat, Aguacero Care, the Annual Filter Set, and related products (each, a "Product").

• Availability. All Products are offered subject to availability. We may add, change, limit, or discontinue any Product at any time without liability to you.
• Descriptions & images. We work hard to describe and photograph Products accurately, but we do not warrant that descriptions, colors, dimensions, or other content are error-free. Actual colors and finishes may vary depending on your screen and manufacturing lots.
• Pricing. Prices are shown in U.S. dollars and may change at any time. Taxes and shipping (where applicable) are calculated and shown at checkout.
• Pricing errors. Despite our efforts, a Product may occasionally be mispriced or contain a typographical error. We reserve the right to correct any error and to cancel or refuse any order placed at an incorrect price, even after the order is confirmed. If your order is cancelled and you have already paid, we will refund the amount charged.

5. Orders & our acceptance

Your order is an offer to buy a Product. An order confirmation email acknowledges that we received your order — it does not mean we have accepted it. A contract is formed only when we ship the Product (or, for a subscription item, when the applicable order is processed).

We may accept, decline, limit, or cancel any order for any lawful reason, including suspected fraud, resale, product or quantity limits, or errors in price or availability. If we cancel an order you have paid for, we will refund the charge.

6. Payment

Payments are processed securely through Shopify Payments and its supported processors. By submitting an order, you:

• authorize us (and our payment processor) to charge your chosen payment method for the total amount, including Product price, applicable taxes, and shipping; and
• represent that you are authorized to use the payment method you provide.

We do not store your full payment card number on our own systems; card data is handled by our PCI-compliant payment processor. If a charge is declined or reversed, we may cancel or suspend the related order or subscription.

7. Subscriptions & auto-renewal

Some Products — including the Initial Filter and Replacement Filters — are offered on a subscription basis powered by Recharge. In short:

• Your first Initial Filter is included free with your showerhead; the subscription then renews every 90 days at the price shown to you at checkout (currently $34).
• You will be charged automatically on each renewal date using your payment method on file until you cancel.
• You can cancel, pause, skip, or modify your subscription anytime from your customer account — no penalty and no fees.

Full details — including renewal timing, how to manage or cancel, and consumer auto-renewal disclosures required by law — are in our Subscription & Auto-Renewal Terms, which govern all subscriptions and are incorporated into these Terms. By starting a subscription, you consent to recurring charges as described there.

8. Shipping, title & risk of loss

Shipping methods, estimated delivery times, and any fees are described in our Shipping Policy. Delivery estimates are not guarantees. Unless we state otherwise in writing, title and risk of loss pass to you upon our delivery of the Product to the carrier. Claims for items damaged in transit are handled as described in the Shipping Policy and Refund & Return Policy.

9. Returns, refunds & warranty

We stand behind our Products.

• 60-day money-back guarantee. If you are not satisfied, return an eligible Product within 60 days for a full refund — and we cover return shipping.
• 1-year limited warranty. The ZERO Filtered Showerhead is covered by a 1-year limited warranty against manufacturing defects in materials and workmanship. This warranty does not cover normal wear, filter consumption, misuse, accidental damage, unauthorized modification, or improper installation.

The complete process, conditions, exclusions, and how to start a return or warranty claim are set out in our Refund & Return Policy, which is incorporated into these Terms. Nothing in these Terms limits any non-waivable rights you may have under applicable consumer-protection law.

10. Promotions & discount codes

From time to time we may offer promotions, discount codes, bundles, or gifts. Unless we state otherwise, each promotion: is for a limited time; cannot be combined with other offers; applies only to eligible Products; has no cash value; is void where prohibited; and may be modified or ended by us at any time. Discount codes are for personal, non-commercial use, must be used as intended, and may not be sold, copied, or exploited. We may cancel orders or void discounts obtained through error, fraud, or abuse.

11. Reviews & user content

If you submit a review, photo, comment, testimonial, or other content ("User Content"), you keep whatever ownership you have, but you grant Aguacero a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, adapt, publish, translate, distribute, and display that User Content across our marketing, website, and social channels, with attribution as we reasonably choose.

You represent that your User Content is your own (or you have permission to submit it), is truthful and based on genuine experience, and does not violate any law or third-party right. Do not post content that is false, misleading, defamatory, infringing, obscene, or that impersonates anyone. We may edit, refuse, or remove any User Content at our discretion, but we are not obligated to monitor it and are not responsible for User Content submitted by others.

12. Intellectual property

The Services and everything in them — including the Aguacero and ZERO names, the DiatoMAT and Aguacero Care marks, our logos, "Water first," product designs, text, graphics, photos, video, and copy — are owned by or licensed to POSIBLEX LLC and are protected by trademark, copyright, and other laws.

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to view and use the Services for your own non-commercial shopping. You may not copy, reproduce, scrape, harvest, data-mine, frame, resell, or create derivative works from any part of the Services, or use our marks, without our prior written permission. All rights not expressly granted are reserved.

13. Prohibited uses

You agree not to:

• use the Services for any unlawful, fraudulent, or harmful purpose;
• scrape, crawl, data-mine, or use bots or automated means to access the Services or collect data, except for search-engine indexing we permit;
• interfere with, overload, or disrupt the Services, or attempt to gain unauthorized access to any system or account;
• introduce viruses, malware, or malicious code;
• infringe our or anyone else's intellectual-property or privacy rights;
• resell Products without authorization, or circumvent quantity, region, or promotion limits;
• impersonate anyone or misrepresent your affiliation; or
• use the Services in violation of any applicable U.S. law, export control, or sanctions regulation.

We may investigate and take any lawful action for violations, including suspending access and cancelling orders.

14. Third-party links & services

The Services may link to or rely on third-party sites and services (for example, Shopify, Recharge, payment processors, carriers, and review platforms). Their terms and privacy practices govern your use of them. We do not control and are not responsible for third-party content, products, or practices, and linking does not imply endorsement.

15. Disclaimers

No health or medical claims. Aguacero Products are water-purifying showerheads, filters, and related accessories intended to improve the feel of your skin and hair. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or health condition. We make no medical, health, or therapeutic claims. Individual results vary and depend on factors including your water, skin, hair, and routine.

"As is." Except for the express warranties stated in Section 9 and our Refund & Return Policy, and to the fullest extent permitted by law, the Services and Products are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory — including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free.

Some jurisdictions do not allow certain warranty exclusions, so some of these may not apply to you.

16. Limitation of liability

To the fullest extent permitted by law:

• Aguacero, POSIBLEX LLC, and our officers, members, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services or Products, even if advised of the possibility.
• Our total aggregate liability for any claim arising out of or relating to these Terms, the Services, or a Product will not exceed the amount you actually paid to us for the Product(s) giving rise to the claim during the twelve (12) months before the event that caused the liability.

These limits apply regardless of the legal theory and are a fundamental basis of our agreement. Some jurisdictions do not allow certain limitations, so some may not apply to you; nothing here limits liability that cannot be limited by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless Aguacero, POSIBLEX LLC, and our officers, members, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your misuse of the Services or Products; (b) your violation of these Terms or any law; (c) your User Content; or (d) your infringement of any third-party right.

18. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

18.1 Informal resolution first

Most concerns can be resolved quickly. Before starting arbitration, you agree to first contact us at legal@tryaguacero.com with a written description of your dispute and the relief you seek, and to give us 60 days to resolve it informally. If we cannot resolve it within that period, either party may begin arbitration.

18.2 Agreement to arbitrate

You and Aguacero agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any Product — whether based in contract, tort, statute, or otherwise — will be resolved by final and binding individual arbitration, and not in court, except as stated in Section 18.5.

18.3 Arbitration rules & venue

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (available at adr.org). The arbitration will be governed by the Federal Arbitration Act. It will take place in New Mexico, or by video/telephone, or based on written submissions, at your election where the AAA Rules allow. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

18.4 Individual basis — class-action & jury waivers

You and Aguacero agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. You and Aguacero each waive any right to a jury trial. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall be severed and brought in court, while all other claims proceed in arbitration.

18.5 Small-claims carve-out

Either party may bring an individual claim in small-claims court in a court of competent jurisdiction if the claim qualifies and stays in that court on an individual basis. Nothing in this Section prevents either party from seeking injunctive or equitable relief in court to protect intellectual-property rights.

18.6 30-day right to opt out

You may opt out of this arbitration agreement by emailing legal@tryaguacero.com within 30 days of first accepting these Terms (or of your first purchase, whichever is earlier), with the subject line "Arbitration Opt-Out" and your name, the email/order associated with your account, and a clear statement that you opt out. Opting out will not affect any other part of these Terms and will not affect your use of the Services.

18.7 Governing law & severability

These Terms and any dispute are governed by the laws of the State of New Mexico and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to the arbitration agreement above, the exclusive venue for any permitted court action lies in the state or federal courts located in New Mexico, and you consent to their jurisdiction. If any portion of this Section 18 (other than the class-action waiver, which is governed by Section 18.4) is found unenforceable, the remainder of this Section will remain in effect.

19. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, where required by law or where changes are material, provide additional notice. Changes are effective when posted (or on the effective date we state). Your continued use of the Services or placement of a new order after changes take effect means you accept the updated Terms. Changes do not apply retroactively to a dispute of which we had notice before the change.

20. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full force and effect.

21. Entire agreement; assignment; miscellaneous

These Terms, together with the policies incorporated by reference, are the entire agreement between you and Aguacero regarding the Services and supersede any prior agreements. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Headings are for convenience only.

22. Contact us

Aguacero — POSIBLEX LLC 412 W 7th St, Ste 810 Clovis, NM 88101, USA

• Legal: legal@tryaguacero.com
• Support: support@tryaguacero.com
• General: hello@tryaguacero.com
• Website: tryaguacero.com