Sponge

Terms of Service

Last updated September 23, 2026

These Terms of Service (“Terms”) are a binding agreement between you and Sponge Hydration LLC, a California limited liability company (“Sponge”, “we”, “us” or “our”). They govern your use of spongehydration.com (the “Site”), the Sponge mobile apps (the “App”), Sponge devices and accessories, including the Sponge Clip, the Sponge Dot, the Sponge Coaster and magnetic adhesive mounts (the “Products”), and any related services (together with the Site and the App, the “Services”).

By visiting the Site, creating an account, downloading or using the App, using a Product, or placing an order, you agree to these Terms. If you do not agree, do not use the Services or buy our Products.

PLEASE READ SECTION 17 CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND SPONGE TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION. YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS, AS SECTION 17 EXPLAINS.

1. Policies that are part of these Terms

The following policies are part of these Terms. If one of them conflicts with these Terms on the subject it covers, that policy controls for that subject.

  • Privacy Policy: how we collect, use and share personal information.
  • Pre-Order Policy: how pre-orders are charged, produced, shipped and canceled.
  • Return Policy: our 30-day money-back guarantee.
  • Warranty Policy: our 1-year limited warranty.

2. Who can use Sponge, and your account

You must be at least 18, or the age of majority where you live, to buy Products or create an account. A person aged 13 to 17 may use the App only with the involvement of a parent or guardian who agrees to these Terms for them and is responsible for their use. The Services are not directed to children under 13, and children under 13 may not create an account.

You agree to give us accurate information, keep your login details secure, and tell us promptly at [email protected] if you believe your account has been used without your permission. You are responsible for everything that happens under your account.

3. Sponge is not medical advice

Sponge is a general wellness product. The Products and the App are designed to help you keep track of how much you drink and to build a habit. They are not medical devices. They have not been cleared or approved by the U.S. Food and Drug Administration, and they are not intended to diagnose, treat, cure, mitigate, monitor or prevent any disease or medical condition.

Nothing in the Services (including any daily goal the App recommends, any reminder or notification, and any article or other content on the Site) is medical advice or a substitute for the advice of a qualified health professional. Talk to your doctor before changing how much you drink, especially if you are pregnant or breastfeeding, are an older adult, or have (or care for someone who has) heart, kidney or liver disease, diabetes, a condition that affects fluid or sodium balance, or any condition for which a clinician has limited fluid intake.

Drinking too much water can be dangerous. Never drink more than is safe for you in order to reach a goal, unlock an app or keep a streak going. If you have symptoms of dehydration or overhydration, seek medical attention. In an emergency, call 911 or your local emergency number. The Services are not an emergency, alert or monitoring service.

YOU ARE SOLELY RESPONSIBLE FOR YOUR HEALTH DECISIONS, AND YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICES AND PRODUCTS AND FROM ANY DECISION YOU MAKE BASED ON THEM.

4. Measurements are estimates

The Products estimate how much you drink from changes in weight and motion. Readings can be inaccurate, incomplete, delayed or missing, for example, if a bottle is set down on an uneven surface, is knocked or moved while it is being weighed, is used with a bottle or mount the Product does not suit, or if the Product loses power or its connection to your phone. We do not promise that any measurement, total, goal, streak or trend is accurate or complete, and you must not rely on one for any medical, safety or other critical purpose.

5. App Lock and features that restrict your phone

App Lock lets you choose apps that stay locked until you reach a goal you set. You decide which apps to lock and what unlocks them, and you use the feature at your own risk.

Do not lock any app you might need for your health or safety, to contact emergency services or other people, to manage a medical condition, to navigate, or for work, school or caregiving. Because intake readings are estimates (Section 4), an app may stay locked even when you have drunk enough.

App Lock depends on permissions and features provided by Apple and Google, which they can change or withdraw at any time. We do not guarantee that App Lock will lock or unlock any app at any particular time, or at all. We are not responsible for anything you miss, lose or cannot do because an app was locked, failed to lock or failed to unlock.

6. Sharing and caregiving features

Where the Services let you share your intake with people you invite, or let you see someone else’s, those features are not a medical alert, remote patient monitoring, fall detection or emergency response service. Shared data and notifications can be delayed, wrong or not delivered at all. Never rely on the Services as the way you check on another person’s health, wellbeing or safety.

Only invite people you want to see your information, and only track or view another person’s information with their permission, or the permission of someone legally entitled to give it for them.

7. Beta and in-development features and products

We may offer features or products that are described as beta, preview, testing, coming soon or in development (for example, Apple Health sync, the shared caregiver view and the Sponge Dot). They are provided “as is”, may not work as described, may change or be discontinued at any time, and may never be released. A pre-order for a product in development is covered by the Pre-Order Policy, including your right to cancel for a full refund before it ships.

8. Orders, pricing and payment

When you place an order you are making an offer to buy. We may refuse, limit or cancel any order, or any part of one, at any time (including after we have charged you), for example because a product is unavailable, we suspect fraud or resale, or there was an error in the price or description. If we cancel, we refund what you paid for the canceled items. We may limit quantities per person, household or order.

Prices are in U.S. dollars and may change at any time. If a price or product description on the Site is wrong, we may cancel the affected order even after confirming it. Shipping charges are shown before you pay, and you are responsible for any applicable sales tax.

Sponge is currently sold as a pre-order. Pre-orders are charged when you order, do not carry a committed delivery date, and may be canceled by you for a full refund at any time before your order ships, as the Pre-Order Policy explains.

Payments are processed by Stripe. By placing an order, you authorize us and Stripe to charge your chosen payment method for the total shown. We do not receive or store your full card details.

Product images and descriptions are for illustration. Colors, finishes and packaging may vary, and an image may be a rendering or placeholder rather than a photograph of the finished product. Promotional codes have no cash value, cannot be combined unless we say so, and may expire or be withdrawn at any time.

If you have a problem with a charge, please contact us first at [email protected] so we can put it right. If you dispute a valid charge with your bank, we may suspend your account and any open orders while the dispute is resolved.

9. Shipping, title and risk of loss

We ship to addresses in the United States only. Any delivery date we give is an estimate, and pre-orders carry no committed date at all. Title to a Product, and the risk of its loss or damage, pass to you when we hand it to the carrier. If a shipment is lost or arrives damaged, contact us within 14 days of the date tracking shows it was delivered (or, if it never arrives, within 14 days of the date it was expected) and we will work with the carrier to resolve it.

10. Returns, refunds and warranty

Your 30-day money-back guarantee is set out in the Return Policy, and your 1-year limited warranty in the Warranty Policy. They are the only guarantees and warranties we give, and they are subject to Section 13.

11. Using the Products safely

  • Follow the setup guide and any instructions and warnings that come with the Product.
  • Products contain magnets. Keep them away from pacemakers, implanted medical devices, credit cards and magnetic storage, and follow the advice of your doctor and your device’s manufacturer about magnets.
  • Products and accessories contain small parts and magnets that can be a choking hazard or cause serious internal injury if swallowed. Keep them away from children and pets. If a magnet or small part is swallowed, get medical help immediately.
  • Products contain a rechargeable battery. Charge only with a suitable USB-C cable and power source. Do not puncture, crush, heat, open or modify a Product, and stop using it if it swells, overheats, leaks or smells. Dispose of it according to local rules for batteries and electronics.
  • Do not submerge a Product in water, put it in a dishwasher, microwave or freezer, or expose it to extreme heat, unless our documentation says it is safe to do so.
  • Make sure your bottle is stable with the Product attached before you set it down. Adhesive mounts can leave residue and can mark or damage some surfaces and finishes, so check the bottle’s care instructions first. We are not responsible for damage to a bottle, its contents or anything nearby.

12. Your license to use the App and the Site

We grant you a limited, personal, revocable, non-exclusive and non-transferable license to use the App and the Site, and the software built into your Product, for your own non-commercial use on devices you own or control. You own the hardware you buy; we and our licensors own the software, firmware and content.

You agree not to:

  • copy, modify, distribute, sell or rent any part of the Services;
  • reverse engineer, decompile or disassemble the App or any Product firmware, except where the law expressly allows it despite this restriction;
  • bypass, disable or interfere with any security, access or usage-limiting feature;
  • use bots, scrapers or other automated means to access the Services;
  • use the Services unlawfully, to harm anyone, or to upload malicious code;
  • buy Products for commercial resale without our written consent; or
  • use the Services to build or benchmark a competing product.

We may update the App and Product software, sometimes automatically, and some features may not work until you install an update. We may change or remove features, and we are not obliged to support any Product, phone or software version indefinitely.

13. Disclaimer of warranties

EXCEPT FOR THE 30-DAY MONEY-BACK GUARANTEE IN OUR RETURN POLICY AND THE 1-YEAR LIMITED WARRANTY IN OUR WARRANTY POLICY, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WHERE THE LAW DOES NOT ALLOW AN IMPLIED WARRANTY ON A PRODUCT TO BE DISCLAIMED, THAT IMPLIED WARRANTY IS LIMITED IN DURATION TO THE ONE-YEAR TERM OF OUR LIMITED WARRANTY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT THEY WILL WORK WITH ANY PARTICULAR BOTTLE, PHONE, OPERATING SYSTEM OR THIRD-PARTY SERVICE, OR THAT YOUR DATA WILL NOT BE LOST.

Some states do not allow limits on how long an implied warranty lasts, or the exclusion of certain damages, so some of the limits in Sections 13 and 14 may not apply to you. This gives you specific legal rights, and you may have other rights that vary from state to state.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPONGE AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE; OR FOR ANY INJURY, ILLNESS OR LOSS ARISING FROM RELIANCE ON ANY MEASUREMENT, GOAL, REMINDER, NOTIFICATION, SHARED DATA OR APP LOCK, IN EACH CASE EVEN IF WE HAVE BEEN TOLD THAT SUCH DAMAGES ARE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE, AND (B) US $50.

These limits apply even if a limited remedy fails of its essential purpose. They are a fundamental part of the bargain between us, and our prices would be higher without them. They do not limit any liability that cannot lawfully be limited (such as liability for fraud, for gross negligence or willful misconduct, or for death or personal injury caused by our negligence where the law does not allow it to be limited) and they do not reduce your rights under the Return Policy or the Warranty Policy.

15. Indemnity

To the fullest extent permitted by law, you will defend, indemnify and hold harmless Sponge and its members, managers, employees, contractors and agents from and against any claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of (a) your misuse of the Services or Products, (b) your breach of these Terms or of any law, (c) any content you submit, or (d) your tracking, viewing or sharing of another person’s information. We may take control of the defense of any such matter, and you will cooperate with us.

16. Reviews, content and feedback

If you submit a review, photo, message or other content, you confirm that it is honest, that it is yours to share, and that you will disclose any connection you have with Sponge (for example, if we gave you a product or you work with us). You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and sublicensable license to use, reproduce, display, format and excerpt it, and to publish it with the first name or description you provide, in connection with the Services and our marketing. We will not change the meaning of a review.

We moderate reviews against consistent standards. We may decline or remove content that is abusive, obscene, off-topic, spam, contains someone’s personal information, infringes anyone’s rights, or comes from someone with an undisclosed connection to Sponge. We do not decline to publish a review because it is negative.

If you send us ideas or feedback, we may use them for any purpose without paying or crediting you.

17. Disputes: informal resolution, arbitration and class-action waiver

THIS SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

(a) Try to resolve it informally first. Before starting an arbitration or court case, you and we each agree to try to resolve any dispute informally for at least 60 days after the other side receives a written notice describing it. Send your notice to [email protected] with “Legal Notice” in the subject line, including your name, contact details, any order number, a description of the dispute and the relief you want. We will send ours to the email address on your account or order. Any time limit for bringing the claim is paused during those 60 days.

(b) Agreement to arbitrate. You and Sponge agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, the Products, any purchase, or our relationship (a “Dispute”) will be resolved by final and binding arbitration on an individual basis, and not in court, except as set out in (c). This includes Disputes about the scope, validity or enforceability of this Section, which the arbitrator will decide, except that a court will decide Disputes about the class-action waiver in (e), the batch procedure in (f), and (g).

(c) Exceptions. Either of us may bring an individual claim in small claims court if it qualifies there and stays there. Either of us may also bring an individual action in court to stop infringement or misuse of intellectual property.

(d) Rules and location. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section (available at adr.org), before a single arbitrator. If the AAA is unavailable, the parties will agree on another administrator, or a court will appoint one. Any hearing will take place in the county where you live, or, if you prefer, by video or on written submissions alone. Fees are governed by the AAA’s rules, which limit what a consumer pays. Each side bears its own attorneys’ fees unless the law or the arbitrator awards otherwise. The Federal Arbitration Act governs this Section, and judgment on the award may be entered in any court with jurisdiction.

(e) CLASS-ACTION AND JURY WAIVER. YOU AND SPONGE EACH AGREE TO BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NEEDED TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM. YOU AND SPONGE EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

(f) Many similar claims. If 25 or more similar demands for arbitration are filed against us by or with the help of the same law firm or group of coordinated firms, they will be administered in batches of up to 25, with one arbitrator deciding each batch, and the remaining demands held until earlier batches are resolved. The AAA’s Mass Arbitration Supplementary Rules will also apply. Time limits for the held claims are paused while they wait.

(g) Public injunctive relief. If a court decides that the law prevents part of (e) from being enforced against a claim for public injunctive relief, that claim will be separated and decided by a court only after the individual arbitration is complete, and the rest of this Section will still apply.

(h) Opting out. You may reject this Section 17 by emailing [email protected], from the email address on your account or order, within 30 days after you first accept these Terms, with the subject line “Arbitration Opt-Out” and your name and mailing address. Opting out does not affect any other part of these Terms.

(i) Changes to this Section. If we change this Section, the change will not apply to a Dispute we already knew about or that you had already notified us of. You may reject a material change by emailing us within 30 days after it takes effect, in which case the version you last accepted continues to apply.

(j) If the waiver fails. If the class-action waiver in (e) is found unenforceable for a Dispute (other than a claim for public injunctive relief), then this entire Section 17 will not apply to that Dispute, and it will be decided in court under Section 18.

18. Governing law and courts

These Terms and any Dispute are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 17. For any Dispute that is not arbitrated, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California.

19. Time limit for claims

To the extent permitted by law, any claim relating to the Services or Products must be brought within one year after it arises. Otherwise it is permanently barred.

20. Third-party services and app stores

The Services rely on third parties, including Stripe for payments, Apple and Google for the App and phone features, and carriers for delivery, and they may link to or work with other services such as Apple Health. Those third parties’ own terms and privacy policies apply to your use of them. We are not responsible for their products, services, availability or content.

If you downloaded the App from Apple’s App Store: these Terms are between you and Sponge, not Apple, and Sponge (not Apple) is responsible for the App and its content. Your license is limited to using the App on Apple-branded products you own or control, as the App Store Terms of Service allow. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple for a refund of the App’s purchase price (the App is free), and, to the maximum extent permitted by law, Apple has no other warranty obligation for it. Apple is not responsible for addressing any claim relating to the App or your use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection or similar laws, nor for investigating, defending, settling or discharging any claim that the App infringes someone’s intellectual property. You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. You must comply with any third-party terms that apply when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you downloaded the App from Google Play, Google Play’s terms also apply, and Google is not responsible for the App.

21. Intellectual property

The Services and Products (including software, firmware, designs, text, graphics, photographs, video and the Sponge and Sponge Hydration names and logos) are owned by Sponge or its licensors and protected by intellectual property laws. Our Products may be covered by patents or pending patent applications. Except for the limited license in Section 12, these Terms give you no right in any of them.

If you believe something on the Services infringes your copyright, email [email protected] with a description of the work, where it appears on the Services, your contact details, a statement that you believe in good faith the use is not authorized, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act for the owner, and your physical or electronic signature.

22. Changes to the Services and to these Terms

We may change, suspend or discontinue any part of the Services at any time, and we will not be liable to you for doing so.

We may update these Terms. We will post the new version here with a new “last updated” date, and for material changes we will also tell you by email or in the App. The new Terms take effect when posted unless we say otherwise, and your continued use of the Services after that means you accept them. Changes do not apply retroactively to an order placed before they took effect, and changes to Section 17 follow Section 17(i).

23. Suspension and termination

We may suspend or end your access to all or part of the Services at any time, with or without notice, including if we reasonably believe you have broken these Terms or the law. You may stop using the Services and ask us to close your account at any time. Sections 3 to 7 and 13 to 24, and any other part of these Terms that by its nature should continue, survive termination.

24. General

These Terms, with the policies in Section 1, are the entire agreement between you and Sponge about the Services and replace any earlier agreement on the same subject. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest will stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign or transfer these Terms without our written consent; we may assign them, including as part of a merger, acquisition or sale of assets. We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, pandemics, supply shortages, carrier delays, internet or power failures and acts of government. You agree that we may give you notices and agreements electronically. Nothing in these Terms creates a partnership, employment or agency relationship. “Including” means “including without limitation”, and headings are for convenience only.

Notice to California residents: under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

25. Contact us

Sponge Hydration LLC: [email protected]. Formal legal notices to us must be sent to that address with “Legal Notice” in the subject line. If you need a postal address for a formal notice, ask and we will provide it.

Questions? Contact us.