Terms of Service

1. About Water Operator Hotline

Water Operator Hotline, Inc. ("WOH," "we," "us," or "our") is a Montana corporation providing subscription-based technical assistance, maintenance scheduling, compliance sampling tracking, and operational support services to operators of drinking water systems. Our services are designed to support licensed water system operators in their professional duties and are not a substitute for professional engineering judgment, regulatory compliance programs, or the advice of a licensed professional engineer or attorney.

2. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Subscriber," or "you") and WOH. By using this website (the "Site") or any services, tools, resources, or content made available through it (collectively, the "Services"), you represent that:

• You are at least 18 years of age and have the legal capacity to enter into a binding agreement;
• You are accessing the Services in your professional capacity as a water system operator, water system manager, or similarly qualified individual;
• You have read, understood, and agreed to these Terms; and
• If acting on behalf of an organization, you have the authority to bind that organization to these Terms.

3. Description of Services

WOH provides subscription-based technical assistance, maintenance scheduling, compliance sampling tracking, and operational support to operators of drinking water systems. Services may include, but are not limited to:

• Access to technical hotline support via telephone, video conference, or online chat;
• Maintenance scheduling and tracking tools to assist subscribers in organizing and recording equipment maintenance activities at their water system facilities;
• Compliance sampling scheduling and tracking tools to assist subscribers in managing required water quality sampling deadlines and records;
• Access to a library of operational guidance documents, forms, templates, and reference materials; and
• Other features and content as described at the time of subscription.

The specific features included in your subscription depend upon the service tier selected at enrollment. WOH reserves the right to modify, add, or discontinue features at any time with reasonable notice to current subscribers.

3.1 Technical Assistance Hours

Standard subscriptions include two (2) hours of technical assistance per monthly billing period, delivered via web video conference with a WOH operator. The following terms apply to technical assistance hours:

• Accrual: Unused technical assistance hours carry forward. A subscriber's balance of included subscription hours is capped at four (4) hours; each monthly credit applies only up to that cap, and no additional subscription hours accrue while the balance is at the cap.
• Purchased hours: Additional technical assistance hours may be purchased through the WOH client dashboard. Purchased hours never expire and are not subject to the four (4) hour cap on included subscription hours.
• Scheduling: Technical assistance sessions must be scheduled in advance through the WOH client dashboard. WOH makes reasonable efforts to accommodate scheduling requests within normal business hours but does not guarantee same-day or next-day availability.
• Scope of assistance: Technical assistance sessions are intended to support the subscriber's licensed operator with general operational guidance, troubleshooting, and best-practice discussions. Technical assistance does not constitute the practice of professional engineering, legal advice, or regulatory compliance advice, and does not substitute for the professional judgment of the subscriber's licensed operator. WOH's staff providing technical assistance may hold operator certifications but are acting in a support capacity only and are not assuming the role of operator of the subscriber's water system.
• Connectivity: Hours consumed due to connectivity or technology issues on the subscriber's end will not be restored.

3.2 Maintenance Scheduling and Tracking Services

Where available under a subscriber's service tier, WOH provides access to maintenance scheduling and tracking tools that allow subscribers to organize, schedule, and record equipment maintenance activities at their water system facilities. The following terms apply to all maintenance scheduling and tracking services:

• Organizational tool only: WOH's maintenance scheduling and tracking platform is a recordkeeping and workflow management tool. It is not a maintenance management system that verifies whether maintenance activities are required, adequate, or compliant with any applicable regulatory standard, permit condition, or manufacturer specification. WOH does not independently determine what maintenance is required for any subscriber's equipment.
• Subscriber responsibility for maintenance content: The subscriber's licensed operator is solely responsible for determining what maintenance activities are required for each piece of equipment, establishing appropriate maintenance intervals, confirming that completed maintenance meets applicable standards, and updating the platform to accurately reflect maintenance actually performed. WOH's tools do not replace the professional judgment of the subscriber's licensed operator regarding maintenance requirements.
• No verification of maintenance adequacy: WOH does not verify, inspect, or confirm that any scheduled or recorded maintenance activity was performed correctly, completely, or in compliance with any applicable law, regulation, permit, or equipment manufacturer specification. Entry of maintenance records into the WOH platform does not constitute evidence of regulatory compliance.
• No warranty of regulatory compliance: WOH's maintenance scheduling tools are not a substitute for any operation and maintenance program, asset management plan, or preventive maintenance program required by applicable federal, state, or local regulations. The subscriber remains solely responsible for ensuring that all required maintenance is performed and documented in accordance with applicable regulatory requirements.
• Data accuracy: The subscriber is responsible for the accuracy and completeness of all maintenance records entered into the WOH platform. WOH is not responsible for errors, omissions, or losses resulting from inaccurate or incomplete maintenance records entered by the subscriber.

3.3 Compliance Sampling Scheduling and Tracking Services

Where available under a subscriber's service tier, WOH provides access to compliance sampling scheduling and tracking tools that allow subscribers to organize required water quality sampling deadlines and record sampling activities. The following terms apply to all compliance sampling scheduling and tracking services:

• Organizational tool only: WOH's compliance sampling scheduling and tracking platform is a calendar and recordkeeping tool. It is not a regulatory compliance program and does not constitute legal, engineering, or regulatory advice. WOH does not independently determine what sampling is required for any subscriber's water system.
• Subscriber responsibility for sampling requirements: The subscriber's licensed operator is solely responsible for determining all applicable sampling requirements under the subscriber's operating permit and under federal, state, and local regulations, including without limitation requirements under the Safe Drinking Water Act and applicable state primacy agency rules. The subscriber is responsible for ensuring that all required samples are collected on time, submitted to an approved laboratory, and reported to the applicable regulatory authority in accordance with all applicable requirements.
• No verification of sampling requirements: WOH does not independently verify that the sampling schedules entered in the platform are complete, accurate, or consistent with the subscriber's regulatory obligations. Sampling deadlines and requirements reflected in the WOH platform are based solely on information provided by the subscriber and are not reviewed or confirmed by WOH against the subscriber's permit or applicable regulations.
• No interpretation of results: WOH does not interpret, evaluate, or provide regulatory guidance regarding water quality sampling results. The subscriber's licensed operator and applicable regulatory authority are solely responsible for evaluating sampling results and determining what, if any, corrective action is required.
• Not a substitute for regulatory compliance: WOH's sampling scheduling tools do not relieve the subscriber of any obligation to comply with applicable sampling, reporting, and public notification requirements. A missed sampling deadline reflected in the WOH platform does not constitute WOH's notice of non-compliance, and WOH has no obligation to alert the subscriber, any regulatory agency, or any third party of any missed or overdue sampling requirement.
• Data accuracy: The subscriber is responsible for the accuracy and completeness of all sampling records entered into the WOH platform. WOH is not responsible for errors, omissions, or losses resulting from inaccurate or incomplete sampling records entered by the subscriber.

4. Subscription, Fees, and Payment

4.1 Subscription Plans

Access to WOH Services requires a paid subscription. Subscription tiers, features, and pricing are described on the Site and are subject to change with reasonable notice to current subscribers.

4.2 Automatic Recurring Billing

By enrolling in a WOH subscription, you authorize WOH to charge your credit card or debit card on file for the monthly subscription fee on a recurring basis, beginning on the date of enrollment and continuing on the same calendar day of each subsequent month until the subscription is cancelled. You represent that you are authorized to use the payment method provided and that the information you provide is accurate and complete.

WOH will store your payment card information securely using a PCI-compliant third-party payment processor. By providing your payment information, you authorize WOH and its payment processor to charge the subscription fee each month without requiring additional approval for each charge. You will receive a receipt via email following each successful charge.

If a monthly charge is declined, WOH may retry the charge and may suspend access to Services until payment is received. Failure to maintain a valid payment method on file may result in suspension or termination of your subscription.

4.3 Cancellation and Refunds

Subscribers may cancel their subscription at any time through the WOH client dashboard or by written notice to WOH. Cancellation takes effect at the end of the current billing period. WOH does not provide refunds for partial months or for unused technical assistance hours. Upon cancellation, access to the Services will continue through the end of the paid billing period and will then terminate.

4.4 Fee Changes

WOH reserves the right to change subscription fees at any time with at least thirty (30) days' written notice to current subscribers. Continued use of the Services following a fee change constitutes acceptance of the new fee.

5. Subscriber Responsibilities

5.1 Accurate Information

You agree to provide accurate, complete, and current information during registration and to promptly update your account information as needed. WOH is not responsible for service failures or errors attributable to inaccurate account information.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify WOH immediately of any unauthorized use of your account.

5.3 Compliance with Laws and Regulations

You are solely responsible for ensuring that your water system is operated in compliance with all applicable federal, state, and local laws, regulations, permits, and regulatory requirements. WOH's services are provided to support your compliance efforts and do not relieve you of any regulatory obligation. WOH's technical assistance, maintenance scheduling tools, and compliance sampling tools are not a substitute for compliance with any applicable law or regulation.

5.4 Professional Operator Responsibility

All operational decisions made in connection with your water system, including but not limited to responses to alarm conditions, adjustments to system pressure, chemical dosing, pump operation, maintenance determinations, sampling decisions, and regulatory reporting, are solely the responsibility of your system's licensed water system operator. WOH's guidance and scheduling tools are intended to support, not replace, the professional judgment of a licensed operator.

5.5 WOH Is Not the System Operator

WOH is not the owner, operator, or responsible party for any subscriber's water system. WOH does not hold any water system operating license or permit and does not exercise legal or regulatory operational control over any subscriber's system. The provision of technical assistance, maintenance scheduling tools, and compliance sampling tools by WOH does not make WOH the "operator" of any water system for purposes of any federal, state, or local regulation, including without limitation the Safe Drinking Water Act and any applicable state primacy agency regulations. Operation of the water system, including all decisions regarding system pressure, water quality, pump operation, maintenance, sampling, emergency response, and regulatory compliance, is and remains the exclusive responsibility of the water system owner and its licensed operator.

6. Disclaimer of Warranties

WOH PROVIDES ALL SERVICES, CONTENT, MAINTENANCE SCHEDULING TOOLS, COMPLIANCE SAMPLING TOOLS, AND MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WOH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

• ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
• ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• ANY WARRANTY THAT MAINTENANCE SCHEDULING OR COMPLIANCE SAMPLING TOOLS WILL REFLECT COMPLETE OR ACCURATE REGULATORY REQUIREMENTS APPLICABLE TO YOUR WATER SYSTEM;
• ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REGULATORY OR OPERATIONAL REQUIREMENTS; AND
• ANY WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

TECHNICAL ASSISTANCE PROVIDED THROUGH WOH REFLECTS GENERAL GUIDANCE BASED ON INFORMATION AVAILABLE TO WOH'S STAFF AND DOES NOT CONSTITUTE THE PRACTICE OF PROFESSIONAL ENGINEERING, LEGAL ADVICE, OR REGULATORY ADVICE.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOH, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY;
• PERSONAL INJURY, PROPERTY DAMAGE, OR BODILY HARM;
• REGULATORY FINES, PENALTIES, OR ENFORCEMENT ACTIONS;
• MISSED SAMPLING DEADLINES, FAILED SAMPLES, OR REGULATORY NON-COMPLIANCE ARISING FROM RELIANCE ON WOH'S COMPLIANCE SAMPLING SCHEDULING TOOLS;
• EQUIPMENT FAILURES OR WATER SYSTEM DAMAGE ARISING FROM RELIANCE ON WOH'S MAINTENANCE SCHEDULING TOOLS;
• WATER SUPPLY DISRUPTION OR PUBLIC HEALTH IMPACTS ATTRIBUTABLE TO SYSTEM FAILURES;
• COSTS OF SUBSTITUTE SERVICES; OR
• ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WOH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL WOH'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO WOH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for consequential or incidental damages, so the above limitations may not apply to you in their entirety. In such jurisdictions, WOH's liability will be limited to the maximum extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless WOH and its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of, or reliance on, the Services, including maintenance scheduling tools and compliance sampling tools;
• Any operational decision you make in connection with your water system, whether or not based on WOH guidance;
• Your failure to independently verify sampling requirements or maintenance obligations applicable to your water system;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or regulatory requirement; or
• Your infringement of any third-party rights.

9. No Emergency Service

WOH is not an emergency response service. WOH does not provide 24-hour monitoring, emergency dispatch, or guaranteed response to any condition at your facility. The Services are not a substitute for a properly designed emergency response plan. You are solely responsible for maintaining adequate emergency response capabilities for your water system independent of WOH's services.

10. Intellectual Property

All content, software, technology, data, materials, and other intellectual property available through the WOH Site and Services, including but not limited to the WOH software platform, maintenance scheduling tools, compliance sampling tools, and proprietary processes, are the exclusive property of WOH or its licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, reverse engineer, or create derivative works from any WOH intellectual property without express written permission.

Your subscription grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal operational purposes during the term of your subscription. This license does not include any right to sublicense, sell, or otherwise transfer the Services to any third party.

11. Privacy

WOH's collection and use of personal information is governed by WOH's Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to WOH's data practices as described in the Privacy Policy. Maintenance records, sampling records, equipment records, service call records, uploaded documents, and operational records collected through the WOH platform are used to deliver the Services and are handled in accordance with the Privacy Policy.

Technical assistance calls conducted over Google Meet are automatically recorded for staff training and documentation purposes. The call is recorded and transcribed through Google Workspace, and the transcript is summarized using Google's Gemini AI; the summary is stored in your account. WOH does not store the raw call transcript. This processing is handled in accordance with the Privacy Policy, which you should review for details on the subprocessors involved and how WOH retains your information.

12. Confidentiality

WOH treats subscriber operational data, system configuration information, maintenance records, and sampling records as confidential and will not disclose such information to third parties except: (a) as required by applicable law or regulatory authority; (b) with the subscriber's prior written consent; or (c) to WOH's service providers who are bound by confidentiality obligations. Aggregate, de-identified data may be used by WOH for platform improvement and research purposes.

13. Term and Termination

These Terms are effective upon your first use of the Site or Services and continue until your subscription is terminated. WOH may suspend or terminate your access to the Services immediately and without prior notice if: (a) you breach any provision of these Terms; (b) WOH is required to do so by law; or (c) WOH determines that continued provision of services poses a risk to WOH or to third parties. Upon termination, your right to access the Services immediately ceases. Sections 6, 7, 8, 10, 14, and 15 survive termination.

14. Dispute Resolution

14.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict of laws principles.

14.2 Venue

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts of Silver Bow County, Montana. You consent to the personal jurisdiction and venue of such courts.

14.3 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact WOH in writing describing your dispute and to make a good-faith effort to resolve the matter informally. WOH will respond within thirty (30) days. This informal resolution requirement does not limit WOH's right to seek emergency injunctive or equitable relief.

14.4 Class Action Waiver

YOU AND WOH EACH AGREE THAT ANY CLAIMS AGAINST THE OTHER SHALL BE BROUGHT SOLELY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. NEITHER YOU NOR WOH MAY PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

15. General Provisions

15.1 Entire Agreement

These Terms, together with WOH's Privacy Policy and any subscription confirmation or service agreement, constitute the entire agreement between you and WOH with respect to the Services and supersede all prior agreements, representations, and understandings.

15.2 Amendments

WOH reserves the right to amend these Terms at any time. Amended Terms will be posted on the Site with an updated effective date. Continued use of the Services following posting of amended Terms constitutes acceptance of the amended Terms. If you do not agree to amended Terms, you must cancel your subscription before the effective date of the amendment.

15.3 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

15.4 Waiver

WOH's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of WOH's right to enforce it in the future.

15.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without WOH's prior written consent. WOH may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets without your consent.

15.6 Force Majeure

WOH is not liable for any delay or failure to perform its obligations under these Terms resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, internet service disruptions, government actions, or labor disputes.

16. Contact Information

Questions about these Terms should be directed to Water Operator Hotline, Inc.

Contact us at support@wateroh.com