OpenWater Group
Last Updated: April 9, 2026
These Terms of Service (“Terms”) govern your access to and use of the website located at openwater.group (the “Site”) and any related services operated by OpenWater Group Inc., a Delaware corporation (“OpenWater Group,” “we,” “us,” or “our”).
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
If you are an OpenWater Member: your Membership is governed by the OpenWater Membership Agreement, which incorporates these Terms by reference. If there is a conflict between these Terms and the Membership Agreement, the Membership Agreement controls. Your use of the members-only Platform, participation in Events, and all other aspects of your Membership are governed primarily by the Membership Agreement.
If you are not a Member: these Terms govern your use of the publicly accessible portions of the Site. Certain features, content, and areas of the Site are available only to Members.
The Site is intended for individuals who are at least 18 years old. By using the Site, you represent that you are at least 18 years of age and have the legal capacity to agree to these Terms. If you are under 18, you may not use the Site.
We may update these Terms from time to time. When we do, we will update the “Last Updated” date at the top of this page. Your continued use of the Site after any update constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
Our Privacy Policy at /privacy-policy/ explains how we collect, use, and protect your personal information. The Privacy Policy is incorporated into these Terms. By using the Site, you consent to the data practices described in the Privacy Policy.
All content, materials, features, functionality, design, text, graphics, images, logos, trademarks, service marks, trade dress, software, and other intellectual property on the Site (collectively, “Site Content”) are owned by or licensed to OpenWater Group and are protected by United States and international copyright, trademark, and other intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site Content solely for your personal, non-commercial use. This license does not include the right to:
Copy, reproduce, distribute, publish, display, modify, or create derivative works from any Site Content.
Use any Site Content for commercial purposes without our prior written consent.
Remove, alter, or obscure any copyright, trademark, or other proprietary notice on the Site.
Use any OpenWater trademark, logo, or brand element in any manner without our prior written approval.
Frame, mirror, or use any meta tags or hidden text incorporating OpenWater trademarks or Site Content.
All rights not expressly granted are reserved by OpenWater Group. Any unauthorized use of Site Content is a violation of these Terms and may violate applicable intellectual property laws.
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may not:
Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
Scrape, crawl, harvest, index, or systematically retrieve any data, content, or other material from the Site, whether manually or through automated means (including bots, scripts, spiders, or similar tools).
Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site.
Use the Site to collect, compile, or harvest any personal information, including member names, email addresses, or other contact information.
Use the Site to send unsolicited communications, spam, chain letters, or promotional materials.
Upload, transmit, or distribute viruses, malware, Trojan horses, or any other harmful or disruptive code.
Interfere with, disrupt, or create an undue burden on the Site, its infrastructure, or any networks or services connected to the Site.
Circumvent, disable, or interfere with any security, access control, or technical protection features of the Site.
Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of the Site or any software used to operate the Site.
Copy, adapt, or modify the Site’s software, including any code, scripts, or applications.
Use the Site to compete with OpenWater or to develop a competing product or service.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site.
Use any automated system, including robots, scripts, or offline readers, to access the Site in a manner that sends more requests than a human could reasonably produce in the same time period.
OpenWater Group reserves the right to investigate and take appropriate action against anyone who, in its sole discretion, violates these Terms, including reporting such user to law enforcement authorities, terminating access to the Site, and pursuing any available legal remedies.
Certain features of the Site may require you to create an account or register. If you register, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
If you become a Member, your account and its use are governed by the Membership Agreement. We reserve the right to suspend, disable, or terminate any account at any time, for any reason, in our sole discretion.
If you submit any questions, comments, suggestions, ideas, feedback, or other information to us through the Site (collectively, “Submissions”), you grant OpenWater Group a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from your Submissions for any purpose, without compensation or attribution to you.
You represent that your Submissions do not violate any third party’s rights and do not contain unlawful, defamatory, or otherwise objectionable material. You agree to indemnify OpenWater Group for any claims arising from your Submissions. This indemnity is in addition to any other indemnification obligations you may have under the Membership Agreement.
For Members, content posted on the Platform is governed by the Member Contributions provisions in Section 13 of the Membership Agreement, which controls to the extent it conflicts with this Section 8.
The Site may contain links to third-party websites, services, or content that are not owned or controlled by OpenWater Group. We do not endorse, monitor, or assume responsibility for the content, accuracy, privacy practices, or policies of any third-party website or service. If you access a third-party website from the Site, you do so at your own risk and are subject to that third party’s terms and privacy policy. OpenWater Group has no liability for any loss or damage arising from your use of third-party websites or services.
If you make a purchase through the Site (such as an Event registration or Membership fee), you agree to provide accurate and complete payment information. Payments are processed by third-party payment providers (such as Stripe) and are subject to those providers’ terms and privacy policies. OpenWater Group does not store your full credit card number or sensitive payment details.
All prices are in U.S. dollars unless otherwise stated. We reserve the right to change prices, correct pricing errors, and refuse or cancel any order at any time. Refund policies for Membership fees are set forth in the Membership Agreement. Refund policies for Events are set forth in the applicable Event-specific terms.
All sales are final unless otherwise stated in writing by OpenWater Group or required by applicable law.
We respect the intellectual property rights of others. If you believe that any content on the Site infringes your copyright, please notify us in writing at help@openwater.group with the following information: a description of the copyrighted work you claim has been infringed; the location of the allegedly infringing material on the Site; your contact information; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
We may remove or disable access to allegedly infringing content at our discretion. Repeat infringers may have their access to the Site terminated.
To the maximum extent permitted by law, the Site and all content, features, functionality, and services provided through the Site are provided on an “as is,” “as available,” and “with all faults” basis. OpenWater Group disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, and quiet enjoyment.
OpenWater Group does not warrant that the Site will be uninterrupted, error-free, secure, free of viruses or harmful components, or compatible with your systems or expectations. OpenWater Group does not warrant the accuracy or completeness of any information on the Site. Your use of the Site is at your sole risk.
To the maximum extent permitted by law, OpenWater Group, its affiliates, licensors, officers, directors, employees, contractors, agents, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising from your use of or inability to use the Site, regardless of the theory of liability and even if advised of the possibility of such damages.
OpenWater Group’s total aggregate liability arising from these Terms or your use of the Site will not exceed one hundred U.S. dollars ($100.00). These limitations apply to the fullest extent permitted by law, whether liability arises in contract, tort, negligence, strict liability, or any other theory. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
For Members: the Membership Agreement contains separate limitation of liability provisions that apply to your Membership, Platform use, Events, and other Member activities. Those provisions control to the extent they conflict with this Section 13.
You agree to defend, indemnify, and hold harmless OpenWater Group and its officers, directors, employees, agents, affiliates, and successors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Site; (b) your violation of these Terms; (c) your Submissions; (d) your violation of any third party’s rights; or (e) your violation of applicable law.
OpenWater Group reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will not settle any claim that would impose liability or obligation on OpenWater Group without our prior written consent.
For Members: the Membership Agreement contains broader indemnification provisions that apply to your Membership. Those provisions control to the extent they conflict with this Section 14.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.
Any dispute arising from these Terms or your use of the Site that is not subject to arbitration must be brought exclusively in the state courts in San Mateo County or San Francisco County, California, or in the federal courts serving those counties, as chosen by OpenWater Group. You irrevocably consent to the personal jurisdiction and venue of these courts and waive any objection based on improper venue, inconvenient forum, or forum non conveniens.
For Members: the Membership Agreement contains a binding arbitration provision (Section 20) that applies to disputes arising from your Membership. That provision controls for Member disputes.
For non-Members: before bringing any legal action against OpenWater Group, you agree to first send written notice to us describing the dispute and the relief sought, and to attempt in good faith to resolve the dispute informally for at least 30 days. Send notices to: community@openwater.group.
For Members: disputes are governed by the binding arbitration and dispute resolution provisions in Section 20 of the Membership Agreement, which controls over this Section 16.
We may suspend, restrict, or terminate your access to the Site at any time, for any reason, with or without notice, in our sole discretion. Without limiting the foregoing, we may deny access to any person for any reason, including violation of these Terms, suspected fraud or abuse, or for any other lawful reason.
Upon termination, your right to use the Site ceases immediately. All provisions of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, indemnification, and governing law.
For Members: termination of your Membership is governed by Section 7 of the Membership Agreement, which controls.
By using the Site, you consent to receive electronic communications from OpenWater Group, including by email and through notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted by law and modified or severed only to the minimum extent necessary so the remaining provisions remain in full force.
No failure or delay by OpenWater Group in exercising any right or remedy under these Terms will operate as a waiver of that right or remedy. A waiver of any provision on one occasion does not constitute a waiver of that provision on any other occasion.
OpenWater Group will not be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disasters, pandemics, government actions, war, terrorism, utility or telecommunications failures, cyberattacks, or other force majeure events.
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and OpenWater Group regarding your use of the Site. For Members, the Membership Agreement (together with these Terms and the other policies incorporated by reference) constitutes the entire agreement regarding your Membership. In the event of a conflict between these Terms and the Membership Agreement, the Membership Agreement controls.
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. OpenWater Group may freely assign these Terms without restriction or notice to you, including in connection with a merger, acquisition, or asset sale.
Headings are for convenience and do not affect meaning. “Including” means “including without limitation.” Any ambiguity in these Terms will not be construed against OpenWater Group as the drafter.
If you have questions about these Terms, contact us at:
OpenWater Group Inc.
131 Continental Dr. Suite 305, Newark, DE 19713
Email: help@openwater.group
Web: https://openwater.group
These Terms of Service are a legally binding agreement. By using the Site, you agree to be bound by them.