Terms of Service

The Service is operated by WaterWise POS, Cabantian, Davao City, Philippines. You can reach us at [email protected]. These Terms are entered into electronically and are valid and binding under the Electronic Commerce Act of 2000 (Republic Act No. 8792).

• You must be at least 18 years old and able to enter into a binding contract.
• Give accurate information and keep it up to date. Don't impersonate anyone or create accounts by automated means.
• Keep your password private. You are responsible for everything done under your account. Tell us right away if you think someone else has access to it.
• Business owners and team accounts: the owner of a business account can create accounts for team members, choose their roles, and remove them. The owner is responsible for the team's use of the Service and for removing access when someone leaves.

WaterWise POS helps water refilling stations and similar businesses record orders, payments, customers, stock, borrowed containers, expenses, maintenance and deliveries, and see reports. Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own business operations while your account is active.

We improve the Service over time and may add, change or remove features. If we remove a major feature you pay for, we will tell you in advance. Features marked as beta or preview are provided as they are and may change or stop.

Our iPhone, iPad and Android apps are free to download and are part of the Service. These Terms are between you and us only, not Apple or Google. If you downloaded an app from the Apple App Store or Google Play, you also agree to that store's terms, and if they conflict with these Terms, the store's terms apply to your use of the app.

For apps downloaded from the Apple App Store:

• You may use the app on Apple devices you own or control, as allowed by the App Store's Usage Rules.
• We, not Apple, are solely responsible for the app, its content, maintenance and support.
• If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any (the app is free). To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
• We, not Apple, are responsible for any claims about the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
• If anyone claims the app infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging the claim.
• You confirm you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use the app, such as your mobile data plan.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to the app.

• You own your business data: the customers, orders, payments, products and other records you and your team enter ("Customer Data").
• You give us permission to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service and to comply with the law. We don't sell it, use it for advertising, or share it except as described in our Privacy Policy.
• You are responsible for the accuracy and legality of Customer Data, and for having the right to collect and use it, including telling your customers and staff how you use their information.
• You can export reports from the Service (for example as PDF or CSV), and you can ask us for a copy of your business data in a common electronic format at any time while your account exists.

For personal information in Customer Data, you are the personal information controller and we are your personal information processor under the Data Privacy Act of 2012. We will:

• process it only to provide the Service and on your documented instructions (including these Terms);
• make sure the people who can access it are bound to keep it confidential;
• protect it with appropriate organizational, physical and technical security measures;
• use only the service providers listed in our Privacy Policy, under terms that protect the data, and tell you about changes to that list;
• help you respond to requests from the people the data is about, and with your own legal obligations;
• notify you without undue delay, and in any case within the time the law requires, if we become aware of a personal data breach affecting your Customer Data; and
• delete it when you delete your account, except where the law requires us to keep it, and give you the information needed to show compliance.

If you use delivery tracking, the driver's location is shared with your business while a trip is active, including when the app is closed. You must tell your drivers about this before they use it, get any consent the law requires, use the information only for managing deliveries, and comply with applicable labor and privacy laws. Drivers can stop sharing by ending the trip or turning off location access.

Receipts and reports from the Service are for your records and your customers' reference. Unless we expressly say otherwise, the Service is not a BIR-accredited computerized accounting system, and its receipts are not BIR-registered sales invoices or official receipts. You are responsible for your tax, invoicing and bookkeeping obligations. The Service does not give accounting, tax or legal advice.

You agree not to:

• break any law, or use the Service for fraud or any unlawful business;
• collect or use other people's personal information without a lawful basis;
• upload malware, spam, or content that is illegal, harmful or infringes others' rights;
• try to access accounts or data that aren't yours, get around security or plan limits, or test the Service's security without our written permission;
• overload, scrape, copy, reverse engineer, resell or sublicense the Service, or use it to build a competing product; or
• help anyone else do any of these things.

• We work to keep the Service running and secure, but it may sometimes be unavailable, for example during maintenance or because of problems outside our control.
• The mobile apps can keep working without a connection. Changes made offline are saved on the device and sent to our servers when the device reconnects. Changes that were never synced are lost if the device is lost, reset, or the app is deleted before it reconnects, so connect regularly.
• We back up our systems, but you are responsible for keeping any copies of your records that you need, for example by exporting reports.

The Service uses or links to third-party services such as PayMongo for payments, Google and Apple for sign-in and maps, and the Apple App Store and Google Play for the apps. Your use of them is also governed by their own terms and privacy policies. We aren't responsible for third-party services we don't control.

The Service, including its software, design, text, graphics and the WaterWise name and logo, belongs to us or our licensors and is protected by the Intellectual Property Code of the Philippines and other laws. These Terms don't give you any rights in it beyond the right to use the Service. If you send us suggestions or feedback, we may use them freely without paying you.

To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and we don't warrant that the Service will be uninterrupted, error-free or secure, or that calculations, maps, routes or arrival times will be accurate.

Nothing in these Terms limits any rights you have under the Consumer Act of the Philippines (Republic Act No. 7394) or other laws that cannot be waived.

To the maximum extent permitted by law, we and our officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Service or these Terms, even if we were told they were possible.

Our total liability for all claims related to the Service or these Terms is limited to the greater of (a) the amounts you paid us for the Service in the 12 months before the claim, or (b) five thousand Philippine pesos (₱5,000).

These limits don't apply to liability that can't be limited by law, such as liability for fraud, gross negligence or willful misconduct.

You agree to defend and compensate us for third-party claims, losses and reasonable legal costs arising from your Customer Data, your use of the Service in breach of these Terms or the law, or your business's dealings with its customers and staff, except to the extent caused by our own breach, negligence or willful misconduct.

• You can stop using the Service at any time and delete your account in Settings → Security on the web or in the app. What deletion removes is explained in our Privacy Policy. Deletion is permanent, so export anything you want to keep first.
• We may suspend or close an account that seriously or repeatedly breaks these Terms, puts the Service or other users at risk, or where the law requires it. Where reasonable, we will warn you first and give you a chance to fix the problem and to export your data.
• Sections 6, 7, 9 and 13 to 20 continue to apply after these Terms end, as their nature requires.

We may update these Terms. We will post the new version here and update the date at the top. If a change is significant, we will tell you by email or in the app at least 15 days before it takes effect. If you don't agree with a change, you can stop using the Service and delete your account before it takes effect; continuing to use the Service afterwards means you accept the updated Terms.

These Terms are governed by the laws of the Republic of the Philippines. If a dispute arises, please contact us first: we will try to resolve it informally within 30 days. If we can't, the dispute will be decided by the proper courts of the Philippines, without limiting any mandatory consumer protections you have.

• These Terms and our Privacy Policy are the whole agreement between you and us about the Service, unless we have signed a separate written agreement with you.
• If any part of these Terms can't be enforced, the rest still applies.
• Not enforcing a right right away doesn't mean we give it up.
• You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets, and will tell you if we do.
• Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as natural disasters, power or network outages, or government action.
• We may send you notices by email or in the app. You can send notices to us at [email protected].

Questions about these Terms? Email [email protected].