WAWIO Terms of Service

These Terms of Service (the “Terms”) constitute a legally binding agreement between Wawio (“Wawio,” “we,” “us,” or “our”) and you (“you,” “Customer,” “Merchant,” or “User”) and govern your access to and use of Wawio’s services, software, websites, portals, hardware offerings, support, and related products (collectively, the “Services”).

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By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

Key things to note

• The Services may include integrations and third-party services; those may have their own terms.

• We may suspend or terminate access if the Services are misused or required for security/compliance reasons.

• The Services are provided “as is” to the maximum extent permitted by law, and liability is limited as described below.

• SMS/texting: We send transactional/work-related messages, not promotional messages, unless you separately opt in.

 

1. Definitions

• “Account” means the Wawio account(s) used to access the Services.

• “Authorized Users” means your employees, contractors, or agents you permit to use the Services under your Account.

• “Content” means text, files, images, configuration data, menus, customer records, transaction logs, or other information submitted to or processed through the Services.

• “Hardware” means devices sold, leased, or provided by Wawio or through Wawio (e.g., POS terminals, printers, payment devices), if applicable.

• “Third-Party Services” means services not owned or controlled by Wawio 

• (accounting platforms, delivery platforms, SMS carriers).

 

2. Acceptance of Terms

By using the Services, you represent that you have read, understand, and agree to these Terms, and that you have authority to bind the business you represent.

If you are using the Services on behalf of a business/entity, you agree these Terms apply to that entity, and “you” includes the entity and its Authorized Users.

 

3. Eligibility and Registration

1. Age & authority. You must be at least 18 years old and able to enter into contracts. If you represent a business, you confirm you have authority to bind it.

2. Accurate information. You agree to provide accurate and current information and keep it updated.

3. Account security. You are responsible for maintaining the confidentiality of login credentials and for all activity under your Account.

 

4. Use of the Services and User Responsibilities

You agree to use the Services only for lawful business purposes and in compliance with all applicable laws and regulations.

Prohibited uses include 

• Misuse, disruption, reverse engineering, unauthorized access, scanning, or interference with the Services.

• Uploading malware or attempting to bypass security controls.

• Using the Services to violate privacy laws, payment network rules, or applicable consumer protection laws.

• Harassment, abusive behavior, or unlawful discrimination through the Services or support channels.

• Infringing intellectual property rights of Wawio or others.

• You are solely responsible for configuring your account, including but not limited to menu items, pricing, tax settings, payment configurations, employee access, and other operational settings. Wawio is not responsible for errors, losses, or liabilities arising from your system setup or configuration choices.

We may investigate suspected violations and may suspend or terminate access.

 

5. Text Messages (SMS) and Communications

5.1 Transactional / operational messages

By providing a phone number, you consent to receive transactional and operational SMS messages related to your use of the Services (e.g., support updates, account notifications, appointment coordination, project/service updates, verification codes).

• Message frequency: Msg frequency varies.

• Message and data rates may apply.

• HELP: Reply HELP for help.

• STOP: Reply STOP to opt out.

5.2 No promotional texting (unless you separately opt in)

We do not send promotional/marketing SMS unless you have separately provided express consent where required by law.

5.3 Mobile information sharing

Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes.

5.4 Opt-out effects

Opting out of SMS may limit certain features (e.g., verification codes or time-sensitive operational updates). You may still receive non-SMS communications (email, in-app, phone) as permitted by law.

 

6. Intellectual Property Rights

1. Wawio IP. The Services, software, designs, logos, trademarks, and documentation are owned by Wawio or its licensors and are protected by intellectual property laws.

2. License to you. Subject to these Terms, Wawio grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business operations during the term of your subscription/engagement.

3. Restrictions. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Services except as allowed by law or expressly permitted in writing by Wawio.

 

7. Content and User-Generated Content

1. Your content. You retain ownership of the Content you submit.

2. Permission to operate Services. You grant Wawio a limited license to host, process, transmit, and display Content only as necessary to provide, maintain, secure, and improve the Services and support you.

3. Responsibility. You are responsible for the legality, accuracy, and integrity of your Content, and for having the right to use it.

4. Removal. We may remove or restrict Content if we reasonably believe it violates these Terms, law, or poses security risk.

 

8. Privacy Policy

Your use of the Services is also subject to our Privacy Policy
The Privacy Policy explains what data we collect, how we use it, and your rights and choices.

 

9. Third-Party Links and Services

The Services may integrate with or link to Third-Party Services. Wawio does not control those services and is not responsible for their availability, security, practices, or content. Your use of Third-Party Services may be subject to their own terms and policies.

 

10. Payment Terms (if applicable)

If you purchase paid Services, subscriptions, Hardware, implementation, or support plans:

1. Fees. Fees, billing frequency, and payment methods will be as stated in your order form, invoice, proposal, or online checkout.

2. Taxes. Taxes may apply and are your responsibility unless otherwise required by law.

3. Late payments. Overdue balances may result in suspension of Services and may accrue late fees/interest to the maximum permitted by law.

4. Refunds. Refunds (if any) are governed by your written agreement, order form, or stated policy: [insert refund/cancellation policy or “No refunds except as required by law.”]

5. Chargebacks / disputes. You agree to cooperate in good faith with any billing disputes and provide documentation reasonably requested.

 

11. Hardware (if applicable)

1. Use and care. You agree to use Hardware as instructed and maintain it in reasonable condition.

2. Warranty. Hardware warranty terms (if any) will be provided separately or in your invoice/order form. Except where prohibited by law, Hardware is otherwise provided “as is.”

3. Replacement/returns. Return windows and RMA rules

4. Connectivity. You are responsible for internet/network requirements unless your agreement states otherwise.

 

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or fully secure, or that any data outputs will be accurate in all cases.

 

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. WAWIO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

2. WAWIO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO WAWIO FOR THE SERVICES IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM

14. Indemnification

You agree to defend, indemnify, and hold harmless Wawio and its owners, officers, employees, and agents from and against claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from:

• your or your Authorized Users’ use or misuse of the Services,

• your Content,

• your violation of these Terms or applicable law,

• your infringement of third-party rights.

 

15. Termination and Suspension

1. By you. You may stop using the Services at any time. If you have a subscription/contract, termination terms may be governed by your order form.

2. By Wawio. We may suspend or terminate access immediately if:

   • required by law, court order, or a regulator,

   • we believe there is fraud, security risk, or misuse,

   • you materially breach these Terms,

   • your account is delinquent beyond applicable grace periods.

3. Effect of termination. Your license ends. You remain responsible for fees incurred up to termination. Data export/deletion will follow the Privacy Policy and any written data retention terms.

 

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, without regard to conflict of law principles, and applicable U.S. federal law.

Venue for disputes will be in the state or federal courts located in Los Angeles County, California.

 

17. Dispute Resolution

Disputes will be resolved in the courts listed above, and each party waives objections to personal jurisdiction and venue.

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18. Amendments and Modifications

We may update these Terms from time to time. If changes materially reduce your rights or increase obligations, we will provide reasonable notice (e.g., email or in-app notice). Continued use after the effective date means you accept the updated Terms.