Terms of Use (EULA)

Last updated: July 26, 2026

These Terms of Use, including this End User License Agreement (the "Terms"), govern your access to and use of the Ally mobile application, website, and related water-care services (collectively, the "Service") provided by Ally by Waiter AI, Inc. ("Ally," "WA.I.TER," "we," "us," or "our"). By downloading, accessing, creating an account, subscribing to, or using the Service, you agree to these Terms.

If you do not agree to these Terms, do not use the Service. If you use the Service on behalf of a company, organization, household, or other entity, you represent that you have authority to bind that party and that "you" includes both you and that party.

Service Overview

Ally helps users manage aquariums, pools, spas, ponds, and related aquatic spaces through recordkeeping, water testing, reminders, weather-aware features, notifications, AI-assisted analysis, subscription features, and support tools. The Service is intended for informational and organizational use only. Ally is not designed for emergency response, life-safety use, regulated public-health compliance, or as the sole system of record for commercial aquatic facility operations.

Relationship to Other Terms

• Privacy Policy: Our Privacy Policy explains how we collect, use, disclose, retain, and protect information. It is incorporated into these Terms by reference.
• App Store terms: If you download or purchase the Service through the App Store, Apple Media Services terms, App Store rules, and Apple subscription management flows also apply.
• Additional terms: Certain beta, partner, business, enterprise, promotional, or experimental features may be subject to additional written terms.

Eligibility and Accounts

• You must be at least 13 years old to use the Service.
• If you are under 18, you may use the Service only with permission from a parent or guardian.
• You agree to provide accurate, current, and complete account information.
• You are responsible for maintaining the confidentiality of your credentials and devices.
• You are responsible for all activity under your account, except to the extent caused by our breach of these Terms or applicable law.
• You must promptly notify us of suspected unauthorized access or account misuse.

License to Use Ally

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the Service for your own lawful water-care management purposes. The Service is licensed, not sold. We and our licensors reserve all rights not expressly granted in these Terms.

For Apple-distributed versions, this license is limited to use on Apple-branded products that you own or control and as permitted by the Apple Media Services terms, including applicable Family Sharing or volume-purchase rules.

Subscriptions and Billing

Plans and Pricing

Ally offers free features and auto-renewing monthly and annual subscription plans. Prices below are U.S. reference prices. The App Store purchase sheet shows the localized renewal price, billing period, and any applicable offer details before you confirm purchase.

• Basic: $9.99 per month or $99.99 per year. Includes 1 water body (pool, spa, aquarium, or pond), 10 test logs per month, AI recommendations, Basic smart scheduling.
• Plus: $14.99 per month or $143.99 per year. Includes 3 water bodies, Unlimited test logs, AI recommendations, Ally remembers your setup, Smart scheduling, Equipment tracking, Custom notifications.
• Gold: $24.99 per month or $250.00 per year. Includes 10 water bodies, Unlimited test logs, AI recommendations, Smart scheduling, Equipment tracking, Multi-system management, AI habit learning, Export water history (PDF/CSV).

Auto-Renewal and Payment

• Payment is charged to your Apple ID at confirmation of purchase.
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
• Your account may be charged for renewal within 24 hours before the end of the current period.
• You can manage or cancel subscriptions in iOS Settings > Apple ID > Subscriptions.
• Deleting your Ally account or uninstalling the app does not automatically cancel an active App Store subscription.
• Subscription access is designed to work across supported devices where the Service is available and your subscription can be verified through the App Store.
• Subscription features may take a short time to activate after purchase, renewal, restore, upgrade, downgrade, refund, chargeback, or provider processing.

Changes, Upgrades, and Availability

• Feature limits, plan names, and included features may change over time, subject to applicable law and App Store rules.
• Upgrades, downgrades, trial conversions, renewal changes, and subscription offers are handled through App Store and subscription-management flows.
• If a subscription cannot be verified, expires, is canceled, is refunded, or payment fails, paid features may be limited, suspended, or returned to a free tier.
• Some features may vary by platform, device, location, language, app version, provider availability, account status, or plan tier.

Plan Limits and Fair Use

Plans may include limits on aquatic spaces, water-test logs, AI chat, photo analysis, reminders, notifications, exports, memory, support level, or other features. We may enforce, adjust, or temporarily reduce limits to protect reliability, prevent abuse, comply with law, or keep the Service available for other users. Attempts to bypass plan limits, usage limits, subscription checks, or rate limits violate these Terms.

Refunds

App Store purchases and refunds are handled by Apple under Apple's policies. We do not receive full payment card information and generally cannot issue App Store refunds directly. If you believe a subscription status is wrong, contact support so we can help investigate account entitlement records we control.

AI, Recommendations, and Water-Care Safety

• Ally is not a substitute for professional aquarium, pool, spa, pond, veterinary, structural, electrical, chemical, environmental, or safety advice.
• You are responsible for testing water, verifying results, reading product labels, following manufacturer directions, and complying with applicable laws and safety rules.
• If you manage a public, commercial, shared, rental, workplace, or regulated water feature, you are responsible for following all applicable health, safety, maintenance, inspection, chemical-handling, signage, and recordkeeping requirements.
• You should independently confirm AI suggestions before dosing chemicals, changing equipment, moving livestock, treating disease, changing water parameters, or acting on weather alerts.
• We do not guarantee the health, survival, behavior, growth, breeding, or safety of fish, corals, invertebrates, plants, animals, people, property, or equipment.
• Weather, location, notification, and reminder features may be delayed, unavailable, or inaccurate and should not be relied on for emergency, life-safety, flooding, electrical, structural, or severe-weather decisions.
• Photo analysis, audio transcription, text-to-speech, and AI chat features may misread inputs or produce incorrect outputs.

User Content

You retain ownership of content you submit to Ally, such as photos, notes, aquatic-space records, water test values, chat messages, feedback, support messages, and related materials ("User Content").

You grant Ally a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, analyze, and create technical derivatives of User Content as reasonably necessary to provide, maintain, secure, support, personalize, and improve the Service. This license ends when your User Content is deleted from active systems, except for backup, legal, security, fraud-prevention, dispute, audit, or provider-retention requirements.

You represent that you have the rights needed to submit User Content and that your User Content does not violate law, infringe rights, expose private information without permission, or include harmful, deceptive, abusive, or malicious material.

Feedback

If you send ideas, suggestions, bug reports, reviews, or other feedback, you grant us the right to use that feedback without restriction or compensation to you, except where prohibited by law.

Referrals, Rewards, Promotions, and Partner Programs

Ally may offer referral codes, rewards, credits, discounts, trials, beta access, partner programs, affiliate programs, or other promotions. These programs may have additional terms, eligibility rules, expiration dates, geographic limits, plan requirements, fraud-prevention checks, and availability limits. We may withhold, reverse, suspend, or modify promotional benefits if we believe there is abuse, self-referral, duplicate accounts, payment reversal, ineligible activity, technical error, or violation of these Terms. Promotions have no cash value unless we state otherwise in writing.

Communications and Notifications

We may send service, account, support, billing, subscription, security, legal, weather, maintenance, chat, and reminder communications through the app, email, push notifications, or other available channels. You can manage many notification settings in Ally or on your device, but some transactional, security, legal, billing, and account messages may still be sent where permitted by law.

Acceptable Use

You agree not to:

• Use the Service for unlawful, harmful, fraudulent, abusive, harassing, or deceptive purposes.
• Upload malicious code, harmful files, or content that violates another person's rights.
• Attempt to access accounts, data, systems, non-public features, credentials, or protected technical materials without authorization.
• Probe, scan, overload, interfere with, disrupt, bypass, or compromise the Service or related systems.
• Reverse engineer, decompile, disassemble, scrape, copy, frame, or extract source code, proprietary content, non-public data, or protected technical materials except where permitted by law.
• Use bots, scrapers, automated tools, or high-volume requests without our prior written permission.
• Misrepresent your identity, affiliation, subscription status, referral activity, or eligibility for offers.
• Use the Service to develop or benchmark a competing product in a way that violates these Terms or applicable law.
• Remove proprietary notices or misuse Ally names, logos, trademarks, product names, or branding.

Service Changes and Availability

We may modify, suspend, limit, replace, or discontinue parts of the Service at any time, including features, limits, plans, providers, integrations, and supported platforms. We will try to provide reasonable notice when required by law or when changes materially affect paid features. We do not guarantee that the Service will be uninterrupted, error-free, secure, or available in every location or on every device.

Account Deletion and Termination

• You may stop using the Service at any time.
• You may delete your Ally account from Settings where available.
• Account deletion removes account records and associated personal data from active Ally application storage, subject to legal, security, fraud-prevention, backup, dispute, audit, provider-retention, and App Store subscription requirements.
• Account deletion does not automatically cancel an active App Store subscription; you must cancel subscriptions through your Apple account.
• We may suspend or terminate access if you violate these Terms, create risk or legal exposure, misuse the Service, fail to pay applicable fees, or if continued access would harm Ally, users, providers, or third parties.
• After termination, provisions that by their nature should survive will survive, including ownership, licenses already granted, disclaimers, limits of liability, indemnity, dispute terms, and payment obligations.

Intellectual Property

Ally, the Service, software, interfaces, designs, text, graphics, logos, icons, workflows, templates, generated system content, documentation, and other materials we provide are owned by Ally by Waiter AI, Inc. or our licensors and are protected by copyright, trademark, trade secret, and other laws. Except for the limited license above, these Terms do not transfer any ownership rights to you.

Third-Party Services and External Content

The Service may rely on or link to third-party services, app stores, subscription managers, operating systems, AI and speech providers, weather and map services, notification providers, diagnostics providers, email providers, or other external services. We are not responsible for third-party services, their content, their availability, or their terms. You must comply with applicable third-party terms when using the Service.

Third-Party AI Assistant Connections

Ally offers an optional ChatGPT app that lets you connect your Ally account to ChatGPT. If you choose to connect, you direct Ally to disclose the results of the authorized read-only tools to OpenAI so that ChatGPT can respond to your requests using your Ally water-care data. OpenAI's terms, policies, and settings for your ChatGPT account or workspace also apply to how that information is handled in ChatGPT.

The current integration is read-only and informational. When ChatGPT makes an authorized request, it can retrieve aquatic-space details, water-test information and trends, care status including alerts and recommendations, and maintenance tasks from your Ally account. It cannot create, edit, or delete Ally records and it cannot control equipment. Any future write capability would require a product change and appropriate updated authorization before it could alter your Ally data.

The connection may change, be interrupted, be rate limited, or be discontinued. Disconnecting Ally from within ChatGPT's app or connector settings stops future tool calls, but it does not retract information already included in a ChatGPT conversation or ChatGPT memory. You are responsible for reviewing AI suggestions, using appropriate testing and safety judgment before acting on any water-care recommendation, and applying the same care standards described in the AI, Recommendations, and Water-Care Safety section above. For a plain-language walkthrough, see Ally for ChatGPT.

Beta, Experimental, and Preview Features

We may offer beta, preview, experimental, or early-access features. These features may be incomplete, unavailable, inaccurate, changed, or discontinued at any time. They are provided for evaluation and feedback unless otherwise stated.

Legal Compliance and Export Controls

You agree to use the Service only where lawful. You represent that you are not located in a country or region subject to a U.S. government embargo or designated by the U.S. government as supporting terrorism, and that you are not listed on any U.S. government prohibited or restricted party list.

Apple-Specific Terms

• These Terms are between you and Ally by Waiter AI, Inc., not Apple.
• Ally, not Apple, is solely responsible for the Service and its content.
• Ally is responsible for maintenance and support for the Service as stated in these Terms or required by applicable law.
• Apple has no obligation to provide maintenance or support for the Service.
• If the Service fails to conform to an applicable warranty that cannot be disclaimed, you may notify Apple, and Apple may refund the purchase price for the app, if any, as required by App Store terms. To the maximum extent permitted by law, Apple has no other warranty obligation for the Service.
• Ally is responsible for addressing claims relating to the Service, including product liability, legal or regulatory claims, and consumer protection or privacy claims, except as otherwise required by law.
• Ally is responsible for investigating, defending, settling, and discharging third-party intellectual property claims relating to the Service.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as third-party beneficiaries.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND QUIET ENJOYMENT.

We do not warrant that the Service, AI outputs, alerts, reminders, weather data, calculations, test interpretations, subscription status, sync, storage, or notifications will be accurate, complete, current, uninterrupted, secure, or error-free.

Limitation of Liability

To the maximum extent permitted by law, Ally will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages; lost profits; lost revenue; lost data; loss of goodwill; substitute services; property damage; aquatic-life loss; personal injury; or business interruption, even if we were advised that such damages were possible.

Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Ally by Waiter AI, Inc. and its officers, directors, employees, contractors, agents, affiliates, and licensors from claims, damages, losses, liabilities, costs, and expenses arising from your User Content, misuse of the Service, violation of these Terms, violation of law, or infringement of another person's rights.

Consumer Rights

Some jurisdictions do not allow certain warranty disclaimers, liability limits, arbitration provisions, class waivers, or exclusions of damages. Nothing in these Terms limits rights you may have under laws that cannot be waived by contract.

Dispute Resolution

Informal Resolution

Before filing a formal claim, you agree to contact us at support@allybywaiterapp.com and attempt to resolve the dispute informally for at least 30 days. This does not prevent either party from seeking urgent injunctive relief where appropriate.

Arbitration and Class Action Waiver

To the extent permitted by law, disputes arising from or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, and you and Ally each waive the right to participate in a class action, class arbitration, private attorney general action, or other representative proceeding. This section does not apply where prohibited by law or to claims that cannot be arbitrated under applicable law.

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules, except where consumer protection law requires another law to apply.

Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms and revise the "Last updated" date. If changes are material, we will provide additional notice where required. Your continued use of the Service after updated Terms become effective means you accept the updated Terms.

Severability and No Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Contact Us

Questions, complaints, support requests, and claims about the Service should be directed to Ally by Waiter AI, Inc. at support@allybywaiterapp.com. Privacy requests should be directed to privacy@allybywaiterapp.com. Legal notices may also be directed to the mailing address listed in our App Store developer account or provided by support upon request.