Terms of Use

1. Terms

1.1 These Terms of Use ("Terms") apply to all access to and use of the Waiver Hog application, website, and related services (collectively, the "Application") on any device capable of accessing a web-based service or software platform ("Device"), by you personally or by any entity or organisation on whose behalf you act (together, "Users").

The Application is operated by Waiver Hog ("Waiver Hog", "we", "us", or "our"). By accessing, registering for, or using the Application, Users confirm that they have read, understood, and agree to be bound by these Terms.

Users may only use the Application in accordance with these Terms. All rights not expressly granted are reserved by Waiver Hog.

2. Amendments

2.1 Waiver Hog may amend or update these Terms from time to time. Where material changes are made, reasonable notice will be provided via the Application or by electronic communication. Continued use of the Application after any amendment constitutes acceptance of the updated Terms.

3. The Application

3.1 In these Terms, "Customer" means a User's actual or prospective customer, participant, or end user. The Application is designed to facilitate digital waivers, participant registration, customer check-ins, and related administrative processes for businesses and organisations (the "Services").

3.2 Subject to these Terms, Waiver Hog grants the User a limited, non-exclusive, non-transferable, revocable licence to access and use the Application for its internal business purposes during the applicable subscription term.

3.3 Waiver Hog may release updates, improvements, or new versions of the Application from time to time. Users may be required to use the most current version to continue accessing the Services. Users must not copy, modify, reverse engineer, decompile, or attempt to extract source code from the Application except to the extent permitted by law.

4. Customer Information and Data

4.1 To provide the Services, Users may collect information from Customers, including personal and identifying information ("Customer Information"). Users are responsible for ensuring that all Customer Information collected is accurate, lawful, and obtained with appropriate consent.

4.2 Users remain the data controller of Customer Information they collect through the Application. Waiver Hog acts as a data processor, using Customer Information solely to provide and improve the Services, comply with legal obligations, and operate the Application.

4.3 Waiver Hog does not sell Customer Information. Any processing, storage, or handling of personal data is governed by Waiver Hog's Privacy Policy, which forms part of these Terms.

4.4 Users are responsible for ensuring that their use of the Application complies with all applicable privacy, data protection, and consumer laws, and indemnify Waiver Hog against claims arising from a User's failure to do so.

5. Cancellation and Termination

5.1 Users may cancel their subscription in accordance with their selected plan and billing cycle. Cancellation requests must be submitted by the account owner.

5.2 Waiver Hog may suspend or terminate access to the Application if a User materially breaches these Terms, fails to pay applicable fees, or uses the Application in an unlawful or prohibited manner.

5.3 Upon termination or expiration of a subscription, User access to the Application will be disabled. Users will be provided a reasonable opportunity to export their data, subject to applicable law and the Privacy Policy.

6. Fees and Billing

6.1 Users agree to pay all applicable fees associated with their subscription plan ("Fees"). Fees are billed in advance on a monthly or annual basis unless otherwise agreed.

6.2 Waiver Hog may update pricing with reasonable prior notice. Fee changes will apply at the start of the next billing period.

6.3 Except where required by law, Fees paid are non-refundable.

7. Taxes

7.1 All Fees are exclusive of applicable taxes. Users are responsible for payment of any taxes, duties, or levies associated with their use of the Application.

8. Availability and Support

8.1 Waiver Hog will use commercially reasonable efforts to ensure the Application is available and functional. However, the Application may occasionally be unavailable due to maintenance, updates, or circumstances beyond Waiver Hog's control.

8.2 Support services, if included in a User's plan, are provided during normal business hours and subject to reasonable usage limits.

9. User Responsibility

9.1 Users are solely responsible for all activity conducted through their account and for maintaining the confidentiality of login credentials.

10. Warranties and Liability

10.1 The Application is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Waiver Hog disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 Waiver Hog shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the use of the Application.

10.3 Nothing in these Terms limits liability that cannot be excluded under applicable law.

11. Prohibited Use

11.1 Users must not use the Application for any unlawful, fraudulent, abusive, or malicious purpose, including attempting to interfere with the security or integrity of the Application.

12. Intellectual Property

12.1 Waiver Hog retains all intellectual property rights in and to the Application. These Terms do not grant Users any ownership rights in the Application or its underlying technology.

13. Branding

13.1 Users may not use Waiver Hog's name, trademarks, or logos without prior written consent, except as required to identify Waiver Hog as the service provider within the Application.

14. Security and Data Retention

14.1 Waiver Hog implements reasonable technical and organisational measures to protect User and Customer Information.

14.2 Users are responsible for securing their own access to the Application.

14.3 During an active subscription, Waiver Hog will retain User waiver records. Upon termination, Users will be provided access to export their data for a limited period, after which data may be securely deleted in accordance with the Privacy Policy.

15. Non-Compliance

15.1 Failure to comply with these Terms may result in suspension or termination of access to the Application without liability to Waiver Hog.

16. Governing Law

16.1 These Terms are governed by the laws of the applicable jurisdiction as determined by Waiver Hog, without regard to conflict of law principles.