Legal
Privacy Policy & Terms of Service
Last updated: April 2026
Privacy Policy
Information We Collect
When you use TheWaterTest.com, we collect information you provide directly, including your name, email address, shipping address, payment information, and any test results, photos, or location data you upload after running your at-home kit.
How We Use Your Information
We use your information to: (1) process and fulfill your kit order, (2) deliver results and updates, (3) provide customer support, (4) publish anonymized contamination data on The Water Map and related research outputs, and (5) send occasional service-related communications. We do not sell personal contact information to third parties for marketing purposes.
Personal Contact Information
Your name, email, shipping address, and payment details are kept confidential and are never displayed publicly. When we publish test data, personally identifying details are stripped and locations are generalized (typically to the neighborhood or zip-code level).
Data Security
We implement industry-standard security measures to protect your personal information. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.
Cookies & Analytics
We use basic analytics to understand how visitors use our website. You may disable cookies in your browser settings, though this may affect site functionality.
Terms of Service
Service Description
TheWaterTest.com sells an at-home microplastics testing kit. You collect and process your own water sample using the supplied materials (digestion solution, Nile Red stain, filter membranes, blue LED light) and interpret the results visually. We do NOT test for bacteria, lead, chemicals, pH, or other water quality factors. This is a microplastic visualization service only.
Independent Research Project
TheWaterTest.com operates as an independent research project, not a certified or accredited laboratory. We are not ISO-certified, EPA-certified, or accredited by any governmental or third-party laboratory accreditation body. Our kit methodology is adapted from peer-reviewed research protocols (UCLA Ozcan Lab, Leonard et al., 2022) but has not been independently validated or certified. Results are for informational and educational purposes only and should not be relied upon for regulatory compliance, legal proceedings, or official water quality assessments. If you require certified laboratory testing, please contact an accredited environmental testing laboratory.
Service Availability
Kits currently ship within the United States. Pricing, features, and availability are subject to change without notice.
Nile Red Fluorescence Staining — Methodology Limitations
Our kit uses Nile Red fluorescence staining, a well-established screening technique in peer-reviewed environmental science literature. However, it is critical to understand that this method has inherent and significant limitations:
- Screening test, not definitive identification. Nile Red is a lipophilic fluorescent dye that binds to hydrophobic surfaces. While synthetic polymers fluoresce brightly, other non-plastic materials can also fluoresce, including certain organic compounds, lipids, waxes, chitin, biofilms, and some mineral particles. Particle counts may therefore include false positives — particles that fluoresce but are not actually plastic.
- No polymer-level identification. The kit does NOT perform FTIR (Fourier Transform Infrared Spectroscopy), Raman spectroscopy, pyrolysis-GC/MS, or any other spectroscopic technique that can confirm the chemical composition of individual particles. It cannot tell you whether a particle is polyethylene, polypropylene, PET, nylon, or any other specific polymer. It can only indicate that particles exhibited fluorescence consistent with synthetic materials.
- Variable false positive rates. Published literature reports that Nile Red staining can produce false positive rates ranging from approximately 5% to 30% depending on sample matrix, staining protocol, and particle types present. Results should be interpreted with this margin of error in mind.
- Size detection limits. The kit's visual inspection has a practical lower detection limit of roughly 10 microns. Nanoplastics and very small microplastics will not be resolved or counted. Particle counts likely underrepresent the total number of synthetic particles present in your sample.
- User-run, manual counting. You run the test and count particles yourself from visual inspection under the included blue LED. Different users may produce different counts for the same sample. This is a consumer screening tool, not a validated laboratory instrument.
- Single time-point snapshot. A single sample represents only that specific moment. Water quality fluctuates based on time of day, water pressure, recent pipe disturbances, seasonal factors, and upstream conditions. A single test cannot characterize your overall water quality.
- Sample handling. You are responsible for following the included instructions. Contamination introduced during collection, digestion, or filtration may affect results. We cannot control for user error.
In summary: results indicate the presence of particles exhibiting fluorescence characteristics consistent with microplastics. They are NOT a definitive chemical identification of plastic. If you require confirmatory polymer identification, engage a laboratory offering FTIR or Raman spectroscopic analysis, which typically costs $500–$1,200+ per sample.
Not Medical Advice
THIS SERVICE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Our kit and any results derived from it do NOT constitute medical advice, diagnosis, or treatment recommendations. We do not provide health assessments or medical guidance. Always consult qualified healthcare professionals for health-related decisions.
Limitation of Liability
To the maximum extent permitted by law, TheWaterTest.com and its owners, operators, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, health outcomes, or other intangible losses, arising from: (a) your use of or inability to use our kit or services; (b) any decisions made based on test results; (c) any third-party claims; or (d) any other matter relating to our services.
No Guarantees or Warranties
Our kit and services are provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee that our service will meet your specific requirements or expectations. Test results represent the condition of the specific sample tested at the time of testing and may not reflect water quality at other times or from other sources.
No Safety Determination
We do NOT determine whether your water is “safe” or “unsafe” to drink. The kit visualizes particles. We make no recommendations about whether you should drink your water, change your filter, or take any other action. Any decisions you make based on your results are solely your responsibility.
Regulatory Disclaimer
No federal government standard currently exists for “safe” levels of microplastics in drinking water. Our methodology is based on peer-reviewed research protocols but is not a certified regulatory test. Results should not be interpreted as compliance or non-compliance with any regulatory standard.
Relative Ranking Methodology
When results are categorized as “Lower,” “Moderate,” or “Higher” concentration, these labels represent relative comparisons within our own sample database only. A “Higher” reading means the sample contained more particles than most other samples we have processed — it does NOT mean the water is unsafe, dangerous, or violates any health standard. A “Lower” reading means fewer particles relative to our database — it does NOT mean the water is safe, clean, or recommended for drinking. These are statistical rankings, not health assessments.
Assumption of Risk & Informed Consent
By purchasing and using our kit, you acknowledge and agree that:
- You have read and understand the Nile Red Fluorescence Staining — Methodology Limitations section above and accept that results are a screening indication, not a definitive identification.
- You will NOT rely on results as the sole basis for any health, medical, legal, financial, or safety decision.
- You understand that particle counts may include false positives (non-plastic particles that fluoresce) and may miss very small particles (false negatives).
- You assume all risk associated with decisions made based on your test results.
- You will not hold TheWaterTest.com, XOXO Capital LLC, or any of their agents liable for any harm, loss, or damage arising from your use of or reliance on the kit or its results.
If you do not agree to these terms, do not use our service. Your use of the kit constitutes acceptance of all terms on this page.
Branded Products & Third-Party Claims
Sample Verification: We do not verify the source, authenticity, or chain of custody of any sample. We cannot confirm that a sample labeled “Brand X” actually came from that product, was stored properly, or was not contaminated before testing.
Single Sample Limitation: Results represent ONLY the specific sample tested at the time of analysis. A single sample does NOT represent an entire product line, brand, manufacturer, retailer, or batch. Water quality varies by production date, storage conditions, distribution chain, and countless other factors.
Prohibited Uses: You may NOT use results from our kit to: (a) make public claims that a brand or product is “contaminated,” “unsafe,” or “dangerous”; (b) disparage, defame, or damage the reputation of any third party; (c) pursue legal action against any manufacturer, distributor, or retailer; or (d) publish results attributed to a specific brand without clearly stating the limitations above.
Your Liability: If you misuse your results and a third party (brand, manufacturer, etc.) brings legal action, YOU are solely responsible. You agree to indemnify us against any claims, damages, legal fees, or losses arising from your misrepresentation or misuse of kit results.
Refunds & Money-Back Guarantee
We offer a 100% money-back guarantee. Contact us within 30 days of receiving your kit if you are unsatisfied for any reason. Refunds do not constitute an admission of any deficiency in our methodology or results.
Indemnification
You agree to indemnify and hold harmless TheWaterTest.com and its owners, operators, employees, and affiliates from any claims, damages, or expenses arising from your use of our kit or services or violation of these terms.
Data Rights, License & Attribution
Grant of Rights to TheWaterTest.com: By submitting, uploading, or otherwise providing test results, particle counts, photos, images, filter photographs, location information, commentary, or any other data to TheWaterTest.com (collectively, “User Data”), you grant TheWaterTest.com and its operating entity, XOXO Capital LLC, a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, translate, create derivative works from, publish, display, distribute, sell, commercialize, and otherwise exploit the User Data in any medium and for any purpose, including without limitation: research, publication, mapping, aggregation, advertising, marketing, editorial, product development, AI model training, and commercial licensing to third parties. You waive any moral rights in the User Data to the extent permitted by law.
Representations: You represent and warrant that (a) you own or have the necessary rights to grant the license above, (b) the User Data does not violate anyone else's rights, and (c) the information you provide is accurate to the best of your knowledge. You remain responsible for your User Data.
Our Proprietary Data: All data published by TheWaterTest.com — including but not limited to our public maps, neighborhood pages, aggregated statistics, individual result pages, charts, data visualizations, and any datasets or APIs we make available (collectively, “Site Data”) — is our proprietary property. Site Data incorporates User Data licensed to us as described above, along with our own processing, analysis, curation, and presentation. Site Data is protected by copyright, database rights, and other applicable intellectual property laws.
Third-Party Access Restrictions: Any third party — including research partners, academic collaborators, journalists, commercial licensees, and any visitor who downloads, copies, scrapes, or otherwise accesses Site Data — is a “Third-Party User” and is bound by the following restrictions. Third-Party Users may access Site Data ONLY if they comply with ALL of the following:
- Source Citation: You must clearly cite TheWaterTest.com as the data source in any publication, presentation, article, research paper, website, or other medium in which the data appears.
- Website Link: You must include a visible, clickable hyperlink to https://www.thewatertest.com (or the specific page where the data appears) in any digital publication. For print publications, include the full URL in the citation.
- Attribution Format: Attribution must appear immediately adjacent to or within the same context as the data usage. Example: “Data source: TheWaterTest.com [https://www.thewatertest.com]”.
- Written Permission for Bulk Use: Any bulk download, systematic harvesting, API-style access, commercial use, or inclusion of Site Data in a derivative database, product, report, or dataset requires prior written permission from TheWaterTest.com. Contact us before doing any of these.
Prohibited Uses by Third-Party Users: Without our explicit prior written permission, Third-Party Users may NOT:
- Republish, redistribute, or display Site Data without proper attribution and linking as described above
- Scrape, crawl, bulk-download, or create derivative databases from Site Data
- Use Site Data for commercial purposes, including selling data compilations, creating paid reports, or building commercial products
- Use Site Data to train, fine-tune, evaluate, or benchmark machine learning or AI models
- Present Site Data as their own original research or findings
- Misrepresent, manipulate, or alter Site Data in any way that changes its meaning or context
- Remove, obscure, or modify any copyright notices, attribution, or metadata associated with Site Data
- Sublicense Site Data to any further party
Research & Partner Access: Academic researchers, journalists, educators, and research partners may reference Site Data for non-commercial research, reporting, and educational purposes, provided they comply with all attribution requirements and prohibited-uses restrictions above. Any partnership arrangement, data-sharing agreement, or memorandum of understanding does NOT automatically grant partners the right to redistribute, sublicense, or commercialize Site Data. Partner rights are limited to what is expressly granted in a signed written agreement with TheWaterTest.com.
Enforcement & Detection: Our dataset is uniquely structured and tagged in ways that make unauthorized use detectable. We actively monitor for unauthorized use, republication, and plagiarism of our data.
Violations & Legal Action: Unauthorized use of Site Data constitutes copyright infringement, breach of these Terms, and misappropriation of proprietary information. We reserve the right to:
- Issue formal takedown notices (DMCA or equivalent)
- Pursue legal action for damages, including statutory damages for willful copyright infringement
- Seek injunctive relief to prevent continued unauthorized use
- Recover attorney fees and costs associated with enforcement
For large-scale data use, API access, commercial licensing, or partnership arrangements, contact us through the support chat before using any Site Data.
Dispute Resolution & Arbitration
Any dispute arising from your use of TheWaterTest.com, our kit, or our services will be resolved through binding arbitration in Los Angeles County, California, rather than in court, except that either party may bring an individual claim in small claims court. You agree that any dispute will be handled individually and not as part of a class action or group proceeding.
These terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
Changes to Terms
We reserve the right to modify these terms at any time. Continued use of our services after changes constitutes acceptance of the updated terms.
Operating Entity
TheWaterTest.com is operated by XOXO Capital, LLC, a Delaware limited liability company.
Questions?
If you have any questions about our privacy policy or terms of service, use the support chat in the bottom right corner.