Terms and Conditions
1 Acceptance of Terms.
1.1 Caterra Pty Ltd, trading as HydraWise (referred to here as “HydraWise”) provides its Service (as defined below) to You through its web site located at www.hydrawise.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.
1.2 HydraWise may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.hydrawise.com/terms-and-conditions. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.
2 Description of Service.
The “Service” includes (a) the Site, (b) access to Weather Station content made available via the Site, other tools and services provided through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the HydraWise API (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3 General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for Your HydraWise controller unit. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to HydraWise. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with HydraWise, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.3 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted.
3.4 HydraWise reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.
3.5 You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to HydraWise’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. HydraWise will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.
3.6 The failure of HydraWise to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and HydraWise, even though it is electronic and is not physically signed by You and HydraWise, and it governs Your use of the Service and takes the place of any prior agreements between You and HydraWise.
HydraWise and HydraWise’s various logos used or displayed on the Service are trademarks of HydraWise and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the HydraWise products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
5 Payment and Refunds.
5.1 Trials and Payments. The Service is made available on a pay-as-you-go basis and is charged at the start of each annual subscription term. If Your yearly subscription payment is not successful for any reason (including cancellation) Your account will be suspended and can only be reactivated by submitting Your credit card information. When your account is suspended access to all Content and configuration via the Site is disabled.
5.2 Price Changes. The prices of all HydraWise Services are subject to change upon 30 days notice from us. Such notice may be provided at any time. Price changes will take affect at Your next annual subscription anniversary.
6 Cancellation and Termination.
6.1 HydraWise reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if HydraWise believes that You have violated these TOS. HydraWise will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. HydraWise shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
7 DISCLAIMER OF WARRANTIES.
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND HydraWise EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT HydraWise DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM HydraWise OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
8 LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL HydraWise BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, HydraWise SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
8.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, HydraWise’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
HydraWise may assign or transfer this TOS, in whole or in part, without restriction.
10 Export Compliance.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
11 Governing Law.
These TOS shall be governed by the laws of the State of Victoria, Australia without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Victoria for the purpose of resolving any dispute relating to Your access to or use of the Service.