These Terms of Service (the “Terms”) govern your access to and use of Warewiser's products and services (the “Services”) operated by Warewiser, Inc. (“Warewiser”). By accessing or using the Services you agree to these Terms.
1. Acceptance
If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. In that case “you” refers to that organization.
2. License
Subject to these Terms and your payment of applicable fees, Warewiser grants you a non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during the subscription term.
3. Accounts
You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized access at security@warewiser.com.
4. Acceptable use
- No reverse engineering, scraping, or circumventing technical limitations.
- No use of the Services to send unsolicited communications or to infringe rights.
- No use that would expose Warewiser or other customers to legal or operational risk.
5. Payment
Fees are billed in advance per the order form. Invoices are due net 30 unless otherwise agreed. Overdue amounts may bear interest at 1.5% per month or the maximum permitted by law.
6. Intellectual property
The Services, including all software, designs and documentation, are and remain the property of Warewiser and its licensors. You retain all rights to data you upload (“Customer Data”); you grant us a limited license to host and process it solely to deliver the Services.
7. Confidentiality
Each party will protect the other's confidential information with the same care it uses for its own (and at least reasonable care).
8. Warranties & disclaimers
We warrant that the Services will materially conform to documentation. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; EACH PARTY'S TOTAL LIABILITY IS CAPPED AT FEES PAID IN THE TWELVE MONTHS PRECEDING THE CLAIM.
10. Termination
Either party may terminate for uncured material breach with 30 days' notice. On termination your access ends; we will make Customer Data available for export for 30 days, then delete it per our Data Processing Agreement.
11. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Exclusive venue is in the state or federal courts located in San Francisco, California.
12. Changes
We may update these Terms. Material changes will be communicated at least 30 days in advance via email or in-product notice.
13. Contact
Warewiser, Inc., 100 Market Street, Suite 400, San Francisco, CA 94103 · legal@warewiser.com