Terms of Use & Waiver of Liability

1. What the Product is

The Product is a general-purpose cold atomizer. It converts a liquid placed in its vial into a fine airborne mist by mechanical vibration. It is a container and a delivery mechanism — nothing more.

The Product is not a medical device. It is not intended to diagnose, treat, cure, mitigate or prevent any disease or condition. It is not a nebulizer, an inhaler, a therapeutic aerosol generator, a sterilizer, an air purifier or a filtration device, and it must not be used as a substitute for any of those. No statement made by Monarch Hydration, on the Site or elsewhere, has been evaluated by the Food and Drug Administration or by any comparable regulatory authority.

2. There is no heat, and therefore no sterilization

This is the single most important thing to understand about the Product, and you acknowledge that you have read and understood it.

The Product does not boil, heat, distill, filter, purify or otherwise treat the liquid you place in it. Mist is produced by vibration alone. A steam device leaves most dissolved minerals, contaminants, bacteria and other matter behind in the reservoir when it boils; the Product does not.

Consequently, whatever is present in the liquid you load — minerals, additives, botanical constituents, essential oils, preservatives, residues, particulates, bacteria, mould, or any other substance, intended or otherwise — may be carried into the air, onto your skin, onto surfaces, and into the breathing space of you and anyone else nearby. The mist that leaves the Product is a faithful reproduction of the contents of the vial.

You are solely responsible for knowing what is in the liquid you load and for judging whether it is safe to disperse into the air you and others will breathe.

3. You choose the substance. You own the outcome.

Monarch Hydration has no ability to observe, monitor, control, restrict, test, approve or have any knowledge whatsoever of what any user chooses to place in the Product. That choice is made entirely by you, outside our presence and beyond our control.

The Product is a general-purpose instrument in the same sense that a cigarette lighter, a spray bottle, a kettle or a hand tool is a general-purpose instrument. The maker of a lighter supplies a controlled flame; it bears no responsibility for what its owner elects to set alight. Monarch Hydration supplies a means of atomizing a liquid; we bear no responsibility for what you elect to atomize, for the consequences of atomizing it, or for any injury, illness, sensitisation, irritation, allergic or respiratory reaction, chemical exposure, property damage, contamination or loss of any kind arising from it.

To the fullest extent permitted by law, Monarch Hydration accepts no responsibility and no liability of any kind for the outcome of atomizing any substance whatsoever, whether or not that substance appears among the fills we describe on the Site, and whether or not you believed the substance to be safe.

4. Recommended use, and what to keep out of it

We designed the Product around distilled water, hydrosols, and a small number of drops of essential oil in water. We recommend distilled water because it keeps mineral scale off the atomizing element and mineral residue off your skin. These are recommendations, not guarantees of safety — see Section 3.

• Never load flammable or combustible liquids, solvents, fuels, alcohols, or aerosol propellants.

• Never load cleaning products, disinfectants, bleach, pesticides, herbicides, or industrial chemicals.

• Never load prescription or over-the-counter medication, supplements, or any substance intended for inhalation therapy. The Product is not a nebulizer and must never be used as one.

• Never load anything you would not be willing to breathe continuously for the duration of a full vial, in an enclosed room, at close range.

• Do not use undiluted essential oils. Do not exceed a few drops in a vial of water.

• Patch test any hydrosol, oil or blend on a small area of skin, and know your own sensitivities and allergies, before atomizing it near your face or in an enclosed space.

• Do not use the Product on, around or in the breathing space of infants, children, pregnant people, pets or birds, or anyone with asthma, COPD, reactive airway disease, fragrance sensitivity or any other respiratory or dermatological condition, without first consulting a qualified medical or veterinary professional. Birds in particular are acutely sensitive to airborne compounds.

• Do not atomize into the eyes, into an open wound, or directly into the mouth, nose or throat.

• Empty, rinse and dry the vial between different fills, and do not leave liquid standing in the vial, in order to limit microbial growth.

• Keep the Product and its vials out of the reach of children. Do not disassemble, modify or repair the Product, and do not use it if damaged.

5. Assumption of risk

You acknowledge that use of the Product carries inherent and unpredictable risks, including but not limited to: skin irritation, contact dermatitis, sensitisation and allergic reaction; respiratory irritation, coughing, wheezing, bronchospasm and asthma exacerbation; eye irritation; headache, nausea and chemical sensitivity responses; exposure of other people, animals and plants in the vicinity to whatever you atomize; slip hazards, moisture damage, staining, mould growth and damage to surfaces, furnishings, textiles and electronics from airborne moisture and residues; and electrical and battery-related risks common to rechargeable devices.

You knowingly, freely and voluntarily assume all such risks, both known and unknown, whether arising from your own act or omission, from the act or omission of any other person, or from the condition of the Product, and you accept full and sole responsibility for any resulting injury, illness, death, damage or loss.

6. Waiver and release of liability

To the fullest extent permitted by applicable law, you hereby release, waive, discharge and covenant not to sue Monarch Hydration and its owners, officers, members, employees, contractors, agents, suppliers, distributors and successors (together, the "Released Parties") from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs and expenses (including reasonable legal fees) of any kind, whether in contract, tort (including negligence), strict liability, product liability, statute or otherwise, arising out of or in any way connected with:

This waiver is intended to be as broad and inclusive as is permitted by law. If any portion of it is held invalid or unenforceable, the remainder shall continue in full force and effect.

• any substance you or any other person places in, atomizes with, or disperses using the Product;

• the composition, purity, concentration, quality, labelling, storage or provenance of any liquid you use;

• any inhalation of, contact with, or exposure to the mist produced by the Product, by you or by any other person, animal or plant;

• any use of the Product that departs from the recommendations in Section 4;

• any property damage, contamination, corrosion, staining or moisture damage caused by the mist; and

• any use of the Product by anyone to whom you supply, lend, resell or give access to it.

7. Indemnification

You agree to defend, indemnify and hold harmless the Released Parties from and against any claim, demand, proceeding, liability, damage, loss, cost or expense (including reasonable legal fees) brought by any third party — including any household member, guest, tenant, customer, client, employee or animal owner — and arising out of or connected with your use of the Product, the substances you atomize, or your breach of these Terms.

8. Disclaimer of warranties

The Product and the Site are provided "as is" and "as available". To the fullest extent permitted by law, the Released Parties disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

No advice or information, whether oral or written, obtained from Monarch Hydration or through the Site, creates any warranty not expressly stated in these Terms. Specifications described on the Site, including runtime, reflect the current state of the Product and are subject to change and to normal variation in use.

9. Limitation of liability

To the fullest extent permitted by law, in no event shall the Released Parties be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, or business interruption, arising out of or in connection with the Product or these Terms, whether based in contract, tort, strict liability or any other theory, and whether or not the Released Parties have been advised of the possibility of such damages.

To the fullest extent permitted by law, the total aggregate liability of the Released Parties for any and all claims arising out of or connected with the Product or these Terms shall not exceed the amount you actually paid to Monarch Hydration for the Product giving rise to the claim, or, where no amount was paid, zero.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. In those jurisdictions, the exclusions and limitations above apply to the maximum extent permitted, and nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded.

10. Not medical advice

Nothing on the Site or in any material accompanying the Product constitutes medical, veterinary, dermatological, toxicological or other professional advice. Descriptions of hydrosols, essential oils and other fills are general and informational. Consult a qualified professional before using the Product if you are pregnant or nursing, if you have any respiratory, cardiac, dermatological or immune condition, if you are treating a child, or if you keep birds or other sensitive animals in the space.

11. Availability and invitations

The Product is currently offered on an invitation basis. Submitting a request through the Site creates no obligation on Monarch Hydration to supply a Product, to respond, or to hold any unit, and it creates no contract of sale. We may decline any request for any reason or for no reason.

Information you send through the Site is used only to evaluate and respond to your request. We do not sell it. Messages are delivered to us by email through a third-party email provider, and are retained only for as long as they remain useful for that purpose.

12. Lawful use

You are responsible for ensuring that your use of the Product, and the substances you atomize, comply with all applicable laws, regulations, ordinances, tenancy agreements, workplace rules and venue policies in your jurisdiction. Some substances are restricted or prohibited; determining that is your responsibility, not ours.

13. Changes, governing law and severability

We may update these Terms from time to time. The version published on the Site at the time of your use governs that use, and the date of the current version appears at the top of this page.

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Product shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the jurisdiction of those courts.

If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions shall continue in full force. Our failure to enforce any provision is not a waiver of it. These Terms are the entire agreement between you and Monarch Hydration regarding the Product and supersede any prior understanding.

14. Contact

Questions about these Terms can be sent through the request form on the home page of monarchhydration.com.