Terms of Service

Last updated: 23 May 2023

Introduction

Welcome to Waterhole Pty Ltd ("Waterhole", "we", "our", "us")! These Terms of Service govern your use of our services through this website ("Services").

By signing up for a Waterhole account, or otherwise using our website, you're agreeing to be legally bound by these Terms of Service.

Account Terms

A Waterhole account will let you participate in our community and manage your license purchases. When you create a Waterhole account, you agree to the following:

  • You are 16 years or older or have permission from a parent or legal guardian to use our services.
  • You understand that you are responsible for all use of your Waterhole account. This includes, but is not limited to, purchases, payments, and services associated with your Waterhole account, whether or not you’re aware of what happens. Please keep your access credentials secret.
  • We may remove or suspend your Waterhole account without notice if we suspect that you are using Waterhole Software (“Software”) in breach of the relevant licence agreement or are using our Services in breach of these Terms of Service or in a way that puts us or other users at risk.
  • If you are using your Waterhole account on behalf of a third party (like a client whose community you're building), you are agreeing to these Terms of Service on behalf of yourself, your employer, and the client or other end-user. You promise that you have the authority to agree to these Terms of Service on behalf of these third parties.

Our Intellectual Property

We (or our licensors) own the intellectual property rights to the Services, including the features and functionality, graphics, our website content, data, and the software/code powering the Services.

The word ‘Waterhole’ and the Waterhole logo are our trade marks. You may not use our trade marks without our express written permission.

Limited License

So long as you comply with these terms of service, you may use the Services. In order to download and use the and the Software, you must obtain a separate license. The license agreement applies to your use of the Software.

Service Restrictions

Unless you have been granted prior, written consent from Waterhole, you may not:

  • Copy, modify or create derivative works based on the services.
  • Reverse engineer, disassemble, decompile, or decode the source code of the Services.
  • Bypass or breach any security device or protection used by the Services.
  • Use any automated methods to scrape or copy any software or data through the Services.
  • Change or remove any copyright, trademark or other intellectual property notices.
  • Use the Services in violation of any law or regulation or in any immoral or objectionable manner.
  • Do anything that could impact how others use the Services.

Your Intellectual Property

We do not claim any intellectual property rights over the content you provide to the Service ("User Content"). Your profile and materials uploaded remain yours.

By posting or providing any User Content, you warrant that:

  • You have permission to post/provide the User Content.
  • The User Content does not violate these Terms of Service.
  • The User Content won’t contain any viruses, worms, malware, trojan horses or other harmful or destructive content.

You grant us the right and permission to use your User Content as needed to provide Services to you and to promote your use of our Services.

We don't pre-screen User Content, but we have the right (but not the obligation) in our sole discretion to refuse or remove any User Content.

Promotion of Waterhole Installs

If your site is publicly identifiable as using the Software or the Services, we may use your User Content (ie. your site) to showcase what is possible with Waterhole. This may be a tweet, blog post, or other use. We will never disclose any personal information, code, or customer information if we showcase your Waterhole install.

You can request that we remove any promotional use of your User Content by emailing us at support@waterhole.dev.

Support

Technical support is available via email for active license owners at waterhole.dev/support. Waterhole does not provide phone support. No representations or guarantees are made regarding the response time in which support questions are answered, but we will do our best to respond quickly.

Confidentiality

By accessing and using the Services, you may encounter confidential information owned by Waterhole, like information relating to Waterhole’s technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and personal data ("Confidential Information"), in each case whether or not marked, designated or otherwise identified as "confidential". You promise that you will: (a) not access or use Confidential Information other than as necessary to use the Services; (b) not disclose or permit access to Confidential Information to any third party; and (c) protect the Confidential Information using at least the degree of care you use to protect your own confidential information (not less than a reasonable degree of protection).

Communications

By using the Services, you agree to receive electronic communications from us, whether through the Services or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal notice requirements. All emails and other communications between you and Waterhole may be recorded.

Blocking Certain Users

We reserve the right (in our absolute discretion) to block users from accessing or posting content to the Services by using any technology available, such as blacklisting certain IP addresses or device numbers.

Indemnity

You agree to indemnify and hold harmless Waterhole for any third-party claims, actions or suits, as well as any related expenses, liabilities, damages, settlements or fees arising from your use or misuse of the Services or your breach of these Terms of Service.

Disclaimer

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WATERHOLE DOES NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE.

Limitations Of Liability

YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR CLAIMS, DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE AND ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.

Governing Law

These Terms of Service are governed by the laws of South Australia. You submit to the jurisdiction of South Australian courts in respect of any dispute, action, proceeding or demand arising out of or in connection with these Terms of Service.

Contact Information

If you have questions or concerns about our Terms of Service, please email us at hello@waterhole.dev.