TERMS OF SERVICE

Last Updated: October 22, 2025

Welcome to Gigglewaters! These Terms of Service (“Terms”) govern your access to and use of the websites located at www.gigglewaters.com, www.ownagigglewaters.com, and all individual Gigglewaters websites linked thereto (collectively, the “Websites”), operated by Gigglewaters and its affiliates and franchisees (“Gigglewaters,” “we,” “us,” or “our”).

Please read these Terms carefully before using the Websites. By accessing or using the Websites, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Websites.

1. ACCEPTANCE OF TERMS

By accessing, browsing, or using the Websites, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and Gigglewaters.

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on the Websites with a new “Last Updated” date. Your continued use of the Websites after such changes constitutes your acceptance of the modified Terms.

2. USE OF THE WEBSITES

2.1 Eligibility

You must be at least 18 years of age to use the Websites. By using the Websites, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Websites for personal, non-commercial purposes. This license does not include any right to:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Websites;
Use any automated system, including “robots,” “spiders,” or “offline readers,” to access the Websites;
Attempt to gain unauthorized access to any portion of the Websites or any systems or networks connected to the Websites;
Use the Websites for any unlawful purpose or in violation of these Terms.

2.3 Account Registration

Certain features of the Websites may require you to register for an account. When registering, you agree to:

Provide accurate, current, and complete information;
Maintain and promptly update your account information;
Maintain the security of your password and account;
Accept all responsibility for all activities that occur under your account;
Immediately notify us of any unauthorized use of your account or any other breach of security.

You are solely responsible for any and all activities conducted through your account. We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

3. PROHIBITED CONDUCT

You agree not to engage in any of the following prohibited activities:

Violating any applicable local, state, national, or international law or regulation;
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
Interfering with or disrupting the Websites or servers or networks connected to the Websites;
Using the Websites to transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
Collecting or storing personal data about other users without their express consent;
Using the Websites in any manner that could disable, overburden, damage, or impair the Websites;
Attempting to interfere with the proper working of the Websites or any activities conducted on the Websites;
Bypassing any measures we may use to prevent or restrict access to the Websites;
Harassing, threatening, stalking, or harming another individual;
Using any information obtained from the Websites to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Our Content

The Websites and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Gigglewaters, 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.

All trademarks, service marks, logos, and trade names displayed on the Websites are the property of Gigglewaters or their respective owners. You may not use any such marks without the prior written permission of Gigglewaters or the respective owner.

4.2 User Content

The Websites may allow you to submit, post, or transmit content, including but not limited to text, photographs, videos, and other materials (“User Content”). You retain all ownership rights in your User Content, but by submitting User Content to the Websites, you grant Gigglewaters a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media.

You represent and warrant that:

You own or control all rights in and to the User Content;
The User Content is accurate and not misleading;
The User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity;
You have obtained all necessary permissions, releases, and licenses for any User Content that includes the name, likeness, voice, or image of any identifiable person.

We reserve the right to remove or refuse to post any User Content for any reason at our sole discretion.

5. FRANCHISE INFORMATION

The Websites may contain information about franchise opportunities with Gigglewaters. This information is provided for general informational purposes only and does not constitute an offer to sell a franchise. An offer to sell a franchise can only be made through a Franchise Disclosure Document (FDD) delivered in accordance with applicable federal and state franchise registration and disclosure laws.

Nothing on the Websites should be construed as an offer to sell a franchise in any jurisdiction where such an offer would be prohibited or restricted by law. We will not offer or sell franchises in states where we are not properly registered or qualified, or where an exemption from registration or qualification is not available or has not been obtained.

6. THIRD-PARTY LINKS AND CONTENT

The Websites may contain links to third-party websites, advertisers, services, or resources (“Third-Party Links”). We provide these links only as a convenience and are not responsible for the content, products, or services available from these websites or resources.

Your use of Third-Party Links is at your own risk. We do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites or resources. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource.

7. DISCLAIMER OF WARRANTIES

THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE.

WE DO NOT WARRANT THAT:

THE WEBSITES WILL MEET YOUR REQUIREMENTS;
THE WEBSITES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS;
ANY ERRORS IN THE WEBSITES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIGGLEWATERS, ITS AFFILIATES, FRANCHISEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Gigglewaters, its affiliates, franchisees, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms;
Your use of the Websites;
Your User Content;
Your violation of any rights of another party, including any other user of the Websites;
Your violation of any applicable laws, rules, or regulations.

10. ARBITRATION AND DISPUTE RESOLUTION

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by individual arbitration conducted in Tampa, Florida under the commercial arbitration rules of the American Arbitration Association.

The parties shall bear equally the cost of the arbitration, except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in an amount to be determined by the arbitrator. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.

YOU AND GIGGLEWATERS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND GIGGLEWATERS EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Notwithstanding the foregoing, Gigglewaters shall be entitled to seek injunctive relief, security, or other equitable remedies from any court of competent jurisdiction.

11. GOVERNING LAW

These Terms and any dispute or claim arising out of or related to these Terms or the Websites shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

12. TERMINATION

We may terminate or suspend your access to the Websites 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 Websites will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be deemed modified to the minimum extent necessary to make such provision valid, legal, and enforceable.

14. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other legal notices published by us on the Websites, constitute the entire agreement between you and Gigglewaters concerning your use of the Websites and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Gigglewaters with respect to the Websites.

15. WAIVER

No waiver by Gigglewaters of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Gigglewaters to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our prior written consent shall be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

17. NOTICES

We may provide notices to you via email or by posting notices on the Websites. You agree that electronic notices satisfy any legal communication requirements, including that such communications be in writing. Any notices to Gigglewaters should be sent to:

Gigglewaters
2451 McMullen Booth Rd. #308
Clearwater, FL 33759
Email: support@gigglewaters.com

18. FORCE MAJEURE

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Email: support@gigglewaters.com
Address: 2451 McMullen Booth Rd. #308, Clearwater, FL 33759