Terms of Service
IMPORTANT — READ CAREFULLY: BY CHECKING THE “I ACCEPT THE TERMS OF SERVICE” CHECKBOX OR BY UTILIZING THE WATU SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
By using the watu.wpengine.com or watuhq.com web sites (“Service”), all services of Carousel Apps Ltd, (“watu”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Violation of any of the terms below will result in the termination of your Account. While watu prohibits such conduct and Content on the Service, you understand and agree that watu cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
- You are responsible for maintaining the security of your account and password. watu cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- For the first 30 calendar days after You register (the “Trial Period”), watu will provide You the Service without charge, for an unlimited number of “Users” (user names defined by You, associated with specific humans with electronic mail addresses and passwords, who may access Your Account). You may, but are under no obligation to, provide a credit card number and related credit card information during registration or during the Trial Period. Credit cards are the only payment mechanism watu will accept for payment of a monthly subscription fee (“Subscription Fee”) for the Service and other usage fees (“Usage Fees”).
- You may, through a mechanism watu provides as part of Your Account, define Users (Managers). You may define Users as “Suspended Users” (Users without permission to access Your Account) and “Active Users” (Users with permission to log in to Your Account using a password).
- The cost of a Subscription Fee is specified for each given calendar month as defined according to local time in London, UK (“Month”), for each Active User in Your Account. The number of Active Users for purposes of calculating the cost of Your Subscription Fee shall be the highest simultaneous number of Active Users in Your Account during the previous month.
- In addition to a Subscription Fee, watu may charge for other Usage Fees, including but not limited to SMS messages sent, Payslips generation, Automated Staffer Payments, and others.
- Upon the expiration of Your Trial Period, watu will end customer access to the Service unless watu has received credit card payment information.
- Upon the expiration of Your Trial Period, we will request Your credit card information to add to Your Registration Data. Your credit card will be charged on the first day of the subsequent Month for your use of the Service from the end of Your Trial Period until the charge date. If You sign up for Your Account on a day other than the first day of a Month, or if You terminate the Service in the middle of a Month, the Monthly Fee for that Month of service will be pro-rated in accordance with the number of complete days during that Month when You could have used the Service, irrespective of whether You actually used the Service or not.
- As long as Your Account remains active and in good standing, You will be charged the Monthly Fee even if You never use the service. You may, however, cancel Your Account at any time.
- The credit card that You provide as part of the Registration Data will be automatically and immediately billed on the first Day of each Month. You agree that watu may charge to Your credit card all amounts due and owing for Your Account on that monthly basis or upon cancellation. watu will contact You via electronic mail to alert You upon each charge. You agree that in the event watu is unable to collect the fees owed to watu for Your Account through Your Subscription Fee, watu may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by watu in connection with such collection activity, including collection fees, court costs and attorneys’ fees.
- watu will provide Support, including any upgrades that watu releases for watu or the Service, for Your Account at no additional cost.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
- All of your Content may be immediately deleted from the Service upon cancellation. This information may not be recovered once your account is cancelled.
- If you choose to leave Watu at any time, we will only charge you for the days used in the final month. We offer no refunds.
- watu, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other watu service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. watu reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- watu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Watu Site (watuhq.com) or the Service itself.
- watu shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with both UK and U.S. copyright law. Please review our copyright compliance policy
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- watu does not pre-screen Content, but watu and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- Any feedback or requests relative to functionality received by watu from our customers can be used to change or create features that will be available to all users. Information provided by our customers relative to specific fields required on Staffer and Management interfaces, will be treated as confidential and exclusive to the customer.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email or through our support platform provided on the Watu site (watu.wpengine.com).
- You understand that watu uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, watu, or any other watu service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by watu.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any watu customer, employee, member, or officer will result in immediate account termination.
- 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; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by watu) of other watu customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- watu does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that watu shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if watu has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of watu to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and watu and govern your use of the Service, superceding any prior agreements between you and watu (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at watu.wpengine.com.