ROWOW LLC TERMS, ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF NEGLIGENCE, AND INDEMNITY AGREEMENT (US ONLY)

Version 02-21/2026

IMPORTANT: READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE.

This Terms, Assumption of Risk, Release of Liability, Waiver of Negligence, and Indemnity Agreement (“Agreement”) is entered into by and between Rowow LLC, a Florida limited liability company (“Seller”), and the purchaser (“Buyer”). Buyer and Seller may be referred to individually as a “Party” and collectively as the “Parties.”

1) Buyer Information

Buyer legal name: Your name on order
Company (if applicable): Your company on order
Email / Phone: Your email/phone number on order
Shipping address (US only): Your shipping address on order
Order number (if applicable): Your order number
Date: Order date

2) Scope

This Agreement applies to any purchase, receipt, possession, shipment, transport, storage, assembly, modification, installation, testing, or use of Seller’s items and services, including but not limited to: ion-exchange membranes (cation/anion), membrane electrolysis cell housings and kits, prototype components, accessories, instructions or content, analytical/XRF services, and consultation services (collectively, the “Products/Services”).

3) US-Only Sales and Shipping

Products/Services are offered for sale and shipment within the United States only. Buyer represents and warrants that Buyer is purchasing for use and delivery within the United States and will not export, re-export, or transfer the Products/Services in violation of any applicable law.

4) Prototype / Research Use Only; Not Consumer-Ready

Buyer acknowledges and agrees that the Products/Services are experimental and/or prototype in nature and are provided for research, development, educational, or industrial evaluation use only. The Products are not certified, listed, approved, or warranted for consumer, household, medical, life-safety, or mission-critical use.

5) Safety Video and Informed Consent

Buyer represents and warrants that, before purchase and before use, Buyer has:

Viewed and understood Seller’s SEM TECH safety video(s) and warnings referenced on Seller’s website and/or Seller’s public channels; https://www.youtube.com/watch?v=H0BoS_z9ntU
Understood that electrochemical processes and feedstocks may involve toxic exposure risks, hazardous gases, corrosives, electrical hazards, heat, and environmental harm if mishandled; and
Has the experience, training, facilities, and safeguards to operate safely (including ventilation, PPE, containment, emergency response, and waste handling, licensing and permits).

https://www.youtube.com/watch?v=H0BoS_z9ntU

6) Buyer Qualifications; Legal Compliance

Buyer represents, warrants, and agrees that Buyer:

Is at least 18 years old and legally competent to enter this Agreement;
Will comply with all applicable federal, state, and local laws, regulations, codes, permits, and safety standards (including those related to hazardous materials, ventilation, electrical safety, fire codes, waste disposal, transportation/shipping, and environmental controls);
Will not use the Products/Services for unlawful purposes and will not operate in a manner that endangers people, property, or the environment.

7) Acknowledgment of Hazards; Assumption of Risk

Buyer understands and acknowledges that electrochemical processes and materials handling can create serious hazards, including but not limited to:

Potential generation or release of hazardous gases (depending on chemistry and conditions),
Exposure to corrosive electrolytes, toxic or heavy-metal-bearing materials, and fine particulates,
Fire, burn, shock, short-circuit, and equipment failure risks,
Leaks, spills, pressure-related events, and contamination,
Shipping/handling hazards for samples and materials.

BUYER VOLUNTARILY, KNOWINGLY, AND EXPRESSLY ASSUMES ALL RISKS of purchase, assembly, modification, installation, possession, transport, storage, handling, testing, and use of the Products/Services, whether known or unknown, foreseeable or unforeseeable.

8) Buyer Sole Responsibility for Design, Assembly, Use, and Safety Controls

Buyer agrees that Buyer is solely responsible for:

Selecting compatible chemistries, materials, and components,
Any assembly steps (including drilling/cutting lids, sealing, installing electrodes, wiring, power supplies, plumbing, and containment),
Any modifications, integrations, operating parameters, and supervision,
Implementing ventilation, gas handling, secondary containment, leak detection, PPE, training, and emergency procedures,
Safe storage, labeling, transport, and disposal of all materials and byproducts,
Ensuring that any leak, failure, misuse, or improper operation cannot cause harm.

Seller does not control Buyer’s setup or environment and therefore cannot guarantee safety or outcomes.

9) No Professional Advice; No Reliance

Any information from Seller (including videos, messages, consultation, documentation, or recommendations) is provided for general informational purposes only and does not constitute engineering, environmental, legal, medical, or regulatory advice. Buyer agrees Buyer will consult qualified professionals as needed and will not rely solely on Seller’s information.

10) XRF / Analytical Services Disclaimer (If Purchased)

If Buyer purchases XRF/analytical services from Seller:

a) Non-certified results; informational use only. Any XRF results are provided “as-is” for informational purposes only and are not a certified, accredited, or official analysis. Results must not be relied upon for regulatory compliance, safety certification, medical, environmental clearance, or other compliance determinations.

b) Element range and Buyer-prioritized targets required. The instrument is capable of analyzing elements from Sodium (Na) through Uranium (U). Buyer must provide an intended list or group of elements to prioritize for analysis and reporting. If Buyer does not provide priorities, Seller may run a standard method and report at Seller’s discretion.

c) Sample acceptance requirements; cup-only limitation. This service is only for samples that fit within the 10 mL sample cup holders. A minimum of 7 mL is recommended for improved accuracy. Buyer represents and warrants that the submitted material is compatible with the sample cup materials (including polypropylene and the thin film used to retain the sample) and will not dissolve, damage, corrode, or weaken the cup or film, or otherwise create a leak/contamination risk.

d) Labeling and hazard information. Buyer must clearly label each sample with a sample ID and provide accurate hazardous material information (including SDS documentation where applicable) and any required declarations. Buyer represents and warrants that all sample descriptions and hazard disclosures are complete and accurate.

e) Shipping responsibility; right to refuse. Buyer is solely responsible for arranging shipment and return of samples and for complying with all applicable laws, regulations, and carrier requirements. Buyer represents and warrants that no hazardous, restricted, prohibited, or illegal materials are submitted or transported. Seller reserves the right to refuse, return, quarantine, or dispose of any sample that appears unsafe, leaking, improperly packaged, inadequately labeled, contaminated, or non-compliant.

f) Sample preparation and retest responsibility. Meaningful results depend heavily on proper sample preparation and sufficient material quantity. Buyer is solely responsible for determining and completing any necessary preparation steps and for ensuring sufficient material is provided. This service is limited to loading the submitted sample and running the measurement; no additional preparation, processing, or laboratory work is included. Any re-runs requested or required due to insufficient quantity, poor preparation, contamination, inhomogeneity, or sample condition are Buyer’s responsibility and may incur additional fees.

g) Method limitations. Buyer acknowledges that XRF has inherent limitations and can produce inaccurate or misleading results depending on material, geometry, surface condition, coatings/plating/oxidation, inhomogeneity, positioning, and other variables. Certain elements may be difficult to distinguish due to spectral overlap (e.g., lead and iridium). If lead is present, any reported iridium reading should be treated as unreliable and disregarded. Results apply only to the tested sample and the specific tested location/area.

h) Sample holding period; disposal fee. Seller will hold samples for seven (7) days after the analysis is completed. If Buyer does not provide a return shipping label within that period, Buyer authorizes Seller to dispose of the sample. Buyer agrees to pay Seller’s then-current disposal fee of $50, or a higher amount if disposal requires additional hazardous materials handling or associated fees (including hazmat surcharges).

i) Limitation of liability and indemnity for services. To the fullest extent permitted by law, Seller disclaims all warranties (express or implied) for analytical services and is not liable for improper shipping, legal or regulatory violations, carrier refusal, loss, theft, delay, damage, contamination, disposal, or any consequences arising from shipment, results, or Buyer’s use/interpretation of results. Seller’s total liability, if any, shall not exceed the amount paid for the specific service giving rise to the claim. Buyer agrees to defend, indemnify, and hold harmless Seller from any claims, liabilities, damages, penalties, costs, or expenses arising from Buyer’s sample contents, packaging, labeling, shipment, misrepresentation, non-compliance, or use of results.

11) NO WARRANTIES; AS-IS / AS-AVAILABLE

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS/SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Seller does not warrant that Products/Services will achieve any particular results, yields, purity, safety profile, or performance.

12) LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELLER (INCLUDING ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THE PRODUCTS/SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS/SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY BUYER TO SELLER FOR THE SPECIFIC PRODUCT/SERVICE GIVING RISE TO THE CLAIM.

13) RELEASE OF LIABILITY AND WAIVER OF NEGLIGENCE

TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, BUYER HEREBY RELEASES, WAIVES, AND FOREVER DISCHARGES SELLER from any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to Buyer’s purchase, possession, assembly, modification, use, misuse, or inability to use the Products/Services, including claims for personal injury, death, property damage, environmental damage, and economic loss.

THIS RELEASE AND WAIVER EXPRESSLY INCLUDES CLAIMS ALLEGING NEGLIGENCE OF SELLER (INCLUDING BUT NOT LIMITED TO ORDINARY NEGLIGENCE), to the maximum extent permitted by Florida law.

THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM SELLER’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT to the extent such claims cannot be waived under applicable law.

14) INDEMNIFICATION (BUYER DEFENDS AND PAYS SELLER’S COSTS)

Buyer agrees to defend, indemnify, and hold harmless Seller from and against any and all claims, demands, suits, penalties, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

Buyer’s purchase, possession, assembly, modification, installation, testing, operation, or use of the Products/Services;
Buyer’s violation of any law, regulation, or third-party right;
Any injury, death, property damage, contamination, spill, release, or environmental harm caused by Buyer’s activities;
Any resale, transfer, or provision of Products to third parties by Buyer;
Any claim brought by a third party (including family members, guests, employees, contractors, or neighbors) arising from Buyer’s use or handling.

15) NO RESALE AS CERTIFIED / NO MISREPRESENTATION

Buyer agrees not to represent the Products/Services as certified, approved, listed, consumer-ready, or safe for any specific purpose. Buyer will not remove warnings or disclaimers and will not resell in a manner that misleads recipients about hazards or safe-use requirements.

16) RETURNS / REFUNDS

Unless otherwise required by law or expressly stated on Seller’s website at time of purchase:

Prototype components and membranes may be non-returnable once shipped/opened due to contamination and handling risks.
Services (XRF/consulting) are non-refundable once performed or scheduled.
Seller may, at its sole discretion, replace items damaged in transit if documented within 3 calendar days of delivery.

17) GOVERNING LAW; VENUE; DISPUTE RESOLUTION (FLORIDA)

This Agreement shall be governed by the laws of the State of Florida, without regard to conflict-of-law rules.

Venue: To the extent a dispute is not subject to arbitration (if applicable), Buyer agrees that exclusive venue and jurisdiction shall be in the state or federal courts located in the county in Florida where Seller’s principal place of business is located, and Buyer waives objections to personal jurisdiction and venue.

Arbitration (only if specified at checkout): If Seller’s website terms in effect at the time of purchase specify arbitration, then disputes shall be resolved by binding arbitration administered by a recognized arbitration provider in Florida, and Buyer waives class actions to the maximum extent permitted by law.

18) SEVERABILITY

If any provision is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.

19) ENTIRE AGREEMENT; UPDATES

This Agreement is the entire agreement between Buyer and Seller regarding the Products/Services and supersedes prior discussions. Seller may update website terms prospectively; however, the version agreed to at checkout governs that Order.

20) ELECTRONIC SIGNATURE; AFFIRMATIVE ASSENT

By clicking “I AGREE,” checking the acknowledgment box, typing Buyer’s name, or completing checkout, Buyer confirms Buyer has read and understood this Agreement and intends to be legally bound. Buyer agrees this constitutes an electronic signature under applicable law, including the Electronic Signatures in Global and National Commerce Act (“E-SIGN”) and the Uniform Electronic Transactions Act (“UETA”) as adopted in Florida.

Seller may maintain electronic records evidencing Buyer’s assent (including checkbox acknowledgments, timestamps, IP address/order logs, and related transaction records), and Buyer agrees such records are admissible to establish Buyer’s agreement to these terms to the fullest extent permitted by law.

21) RISK OF LOSS; DELIVERY; INSPECTION; SHIPPING CLAIMS

a) Products shipped by Seller. Unless otherwise stated in writing by Seller, title and risk of loss for Products pass to Buyer when Seller tenders the shipment to the carrier. Carrier delays, loss, damage, seizure, or refusal are outside Seller’s control.

b) Buyer-shipped materials/samples to Seller. Any materials or samples shipped by Buyer to Seller remain at Buyer’s sole risk until physically received by Seller.

c) Return shipment of samples/items from Seller to Buyer. Upon tender of return shipment to the carrier, risk of loss passes to Buyer. Buyer is responsible for providing the return label, selecting service level, and obtaining insurance if desired.

d) Inspection and claims window. Buyer must inspect all shipments promptly upon receipt. Any claim for shortage, wrong item, or shipping damage must be reported to Seller within 3 calendar days of delivery with supporting documentation (including photos of packaging and labels). Failure to report within this period constitutes acceptance of the shipment as delivered, to the fullest extent permitted by law. Buyer agrees to retain all packaging for carrier inspection if a claim is pursued.

22) CONFIDENTIALITY (ANALYTICAL RESULTS AND BUSINESS INFORMATION)

Seller will use reasonable efforts to keep Buyer’s non-public analytical results and non-public business information confidential and will not disclose such information to third parties except: (i) to Seller’s employees/contractors who have a need to know and are bound by confidentiality obligations; (ii) as required by law, court order, or legal process; (iii) to enforce this Agreement; or (iv) with Buyer’s written consent. Buyer remains responsible for any information Buyer shares publicly.

23) FORCE MAJEURE

Seller shall not be liable for any delay or failure to perform due to events beyond Seller’s reasonable control, including but not limited to acts of God, severe weather, fire, flood, power outages, labor disruptions, supply chain interruptions, carrier delays, government actions, or legal/regulatory changes. In such events, Seller’s performance will be excused for the duration of the event and a reasonable period thereafter.

24) SURVIVAL

Sections that by their nature should survive (including but not limited to §§7–15, §10 (if applicable), §§11–14, §§17–21, and §§22–24) shall survive delivery, completion of services, termination, or expiration of this Agreement.

BUYER ACKNOWLEDGMENT

By completing checkout and/or separately assenting where required, Buyer acknowledges:

I watched and understood the SEM TECH safety video(s) linked/referenced on the website.
I understand these are prototype / research-use components and may be hazardous.
I assume all risks and accept full responsibility for safe handling and lawful use.
I agree to the Release, Waiver of Negligence, and Indemnification provisions above.