Terms of Use

1. Website Owner

The website is owned and operated by BainUltra Inc.

2. Changes to These Terms

BainUltra may update these Terms of Use from time to time. The updated version will be posted on the website with its effective date. Your continued use of the website after an update means you accept the updated Terms.

3. Website Content

The website is provided for general information, product exploration, inspiration, documentation, and communication with BainUltra. Website content may include descriptions, specifications, dimensions, finishes, installation information, therapy information, technical documents, warranty information, availability information, images, videos, and other materials.

BainUltra works to keep website content accurate and current. However, errors, omissions, delays, display differences, or outdated information may occur. Website content is provided for general guidance only and should not be treated as a final quote, final product specification, installation instruction, professional advice, or warranty commitment unless expressly identified as such by BainUltra in an official document.

Before purchasing, specifying, installing, servicing, or relying on a BainUltra product, review the current official product documentation and consult BainUltra, an authorized BainUltra dealer, or a qualified professional as appropriate.

4. Product Information and Availability

BainUltra may modify products, features, materials, finishes, dimensions, specifications, documentation, packaging, pricing, availability, and website content at any time, subject to applicable law.

Images, colors, finishes, textures, water appearance, installation settings, accessories, and room environments shown on the website may vary from actual products or site conditions. Digital display settings can affect how colors and finishes appear.

Product availability, compatibility, options, pricing, installation requirements, delivery timing, and service availability may vary by region, dealer, distributor, project, or product configuration.

5. Installation, Codes, and Professional Advice

BainUltra products must be selected, handled, installed, connected, serviced, and used in accordance with current official BainUltra documentation and applicable laws, building codes, electrical codes, plumbing codes, safety standards, and professional requirements.

Website content does not replace professional advice. You are responsible for consulting qualified professionals for design, construction, installation, electrical, plumbing, ventilation, accessibility, safety, and code-compliance matters.

BainUltra is not responsible for damage, injury, loss, non-compliance, or performance issues caused by improper selection, handling, installation, use, maintenance, modification, repair, or service, except to the extent required by applicable law or an applicable written warranty.

6. Warranties

Any BainUltra product warranty is governed by the applicable written warranty issued by BainUltra for the product. Website content does not create, expand, or modify any warranty unless BainUltra expressly states that it does so in an official warranty document.

Nothing in these Terms limits rights that cannot be limited under applicable law.

7. Dealer and Professional Network

BainUltra products may be sold, specified, installed, serviced, or supported through authorized dealers, distributors, installers, designers, architects, builders, service partners, or other professionals.

Unless BainUltra expressly states otherwise, these third parties are independent businesses and are not BainUltra's agents, employees, partners, or legal representatives. BainUltra is not responsible for their prices, quotes, representations, advice, services, installation work, contracts, policies, or omissions, except to the extent required by applicable law or an applicable written agreement.

8. Accounts, Access Codes, and Passwords

Some website areas, tools, files, or services may require an account, access code, password, or other credentials. You are responsible for keeping your credentials confidential and for all activity that occurs under them.

You must notify BainUltra promptly if you believe your credentials have been lost, stolen, misused, or accessed without authorization.

BainUltra may suspend or terminate access to restricted areas if BainUltra believes the access is unauthorized, improper, insecure, harmful, or otherwise inconsistent with these Terms.

9. Permitted Use

You may use the website for lawful personal, professional, project, product-selection, support, and business purposes related to BainUltra products and services.

You agree not to:

• Use the website in a way that violates applicable law or these Terms.
• Interfere with the operation, security, integrity, or performance of the website.
• Attempt to gain unauthorized access to the website, systems, accounts, files, or networks.
• Introduce viruses, malware, harmful code, automated scraping, or abusive traffic.
• Copy, reproduce, distribute, modify, sell, license, frame, mirror, scrape, or commercially exploit website content except as expressly permitted by BainUltra.
• Misrepresent your identity, affiliation, project, authority, or purpose.
• Submit false, misleading, unlawful, infringing, harmful, offensive, or inappropriate content.
• Use the website to harm BainUltra, its customers, dealers, employees, partners, systems, reputation, or business.

10. Intellectual Property

The website and its content are owned by BainUltra or its licensors and are protected by copyright, trademark, industrial design, trade dress, and other intellectual property laws.

BainUltra names, logos, product names, designs, images, videos, text, documents, graphics, icons, layouts, and other website materials may not be used without BainUltra's prior written permission, except where the website expressly allows downloading or use for a permitted purpose.

You may download or print product documentation made available on the website for personal, project, specification, installation, support, or dealer-related use, provided you keep all copyright, trademark, and legal notices intact and do not modify the materials unless BainUltra expressly permits it.

No right, title, or interest in BainUltra intellectual property is transferred to you by your use of the website.

11. User Submissions

If you send BainUltra questions, comments, requests, photos, files, project information, feedback, suggestions, ideas, testimonials, or other materials through the website or other channels, you are responsible for the content you submit.

You represent that you have the rights and permissions needed to submit the materials and that the submission does not violate the rights of any person or applicable law.

Unless BainUltra agrees otherwise in writing, you grant BainUltra permission to use submitted materials as reasonably necessary to respond to your request, provide support, administer warranty or service, improve products or services, manage business communications, and protect legal rights.

Please do not submit confidential, proprietary, sensitive, or third-party information unless it is necessary and you have the right to share it.

12. Privacy

BainUltra's handling of personal information is described in the BainUltra Privacy Policy. By using the website or submitting personal information, you acknowledge that BainUltra will handle personal information as described in the Privacy Policy and applicable law.

13. Third-Party Links and Tools

The website may contain links to third-party websites, platforms, social networks, dealers, distributors, service providers, maps, videos, payment tools, analytics tools, or other resources.

Third-party resources are provided for convenience only. BainUltra does not control and is not responsible for third-party content, services, policies, security, availability, accuracy, or practices. Your use of third-party resources is subject to their own terms and policies.

14. Website Availability and Security

BainUltra may modify, suspend, restrict, or discontinue any part of the website at any time. BainUltra does not guarantee that the website will be uninterrupted, error-free, secure, compatible with every device or browser, or free from harmful components.

You are responsible for using appropriate safeguards on your own devices and networks.

15. Disclaimer

To the fullest extent permitted by applicable law, the website and its content are provided "as is" and "as available," without warranties or conditions of any kind, whether express, implied, statutory, or otherwise.

Without limiting the previous sentence, BainUltra does not warrant that the website content will be complete, accurate, current, uninterrupted, secure, error-free, compatible, or suitable for any particular purpose.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the exclusions and limitations apply only to the extent permitted by law.

16. Limitation of Liability

To the fullest extent permitted by applicable law, BainUltra and its directors, officers, employees, agents, representatives, licensors, service providers, dealers, distributors, and partners will not be liable for any indirect, incidental, consequential, special, punitive, exemplary, or similar damages, or for loss of profits, revenue, business, data, goodwill, opportunity, or use, arising from or related to the website or these Terms.

To the fullest extent permitted by applicable law, BainUltra's total liability for any claim arising from or related to the website or these Terms is limited to the amount you paid, if any, to access the website.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

17. Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless BainUltra and its directors, officers, employees, agents, representatives, licensors, service providers, dealers, distributors, and partners from and against claims, liabilities, damages, losses, costs, and expenses arising from or related to:

• Your use or misuse of the website.
• Your breach of these Terms.
• Your violation of applicable law.
• Your submissions or communications.
• Your violation of another person's rights.

18. Suspension and Termination

BainUltra may suspend, restrict, or terminate your access to the website or any restricted area at any time if BainUltra believes you have violated these Terms, created risk, caused harm, acted unlawfully, or used the website in an unauthorized or improper manner.

BainUltra may also remove or restrict content, tools, files, accounts, or access where necessary to protect the website, users, BainUltra, or third parties.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without BainUltra's prior written consent. BainUltra may assign or transfer these Terms in connection with a business transaction, reorganization, sale, merger, acquisition, financing, or other transfer of assets or operations.

20. Governing Law

These Terms are governed by the laws of the Province of Quebec and the laws of Canada applicable in Quebec, without regard to conflict-of-law rules.

Subject to applicable consumer-protection laws and any rights that cannot be waived, any dispute related to the website or these Terms will be submitted to the courts of competent jurisdiction in the Province of Quebec.

21. Contact

For questions about these Terms of Use, contact: