Terms of Service
1. Introduction
Thank you for visiting the mWater Site and, if applicable, choosing to download and/or install our App. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to both documents in order to be permitted to use our Service.
2. Definitions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“App” refers to our mobile software application;
“Service” refers to the services that we provide, including our App and our Site;
“Site” refers to our website and all subdomains; www.mWater.co, portal.mWater.co, etc.;
“Platform” refers to any combination of our Apps, Services, or Sites;
“User” refers to anyone who uses our Service, including users of our App, general visitors to our Site, and you;
“mWater” refers to our organization, mWater Foundation, Inc.; our Site; our App; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the phrase is used;
“You” refers to you, the person who is entering into this Agreement with mWater.
3. What Our Service Does
The mWater Platform is a cloud-based data collection, management, analysis, and visualization platform for monitoring water, sanitation, and hygiene (WASH) services. Users can design and deploy surveys through a web-based portal and map sites or fill out surveys using mobile devices or personal computers. Sites and other types of data can be tracked over multiple visits to monitor changes over time. Although the Platform is designed to support WASH data, it can also be used as a general survey and data analysis system for any other type of data.
mWater follows an open access business model. Anyone can use the free features included in the Platform, without a relationship with mWater. Large organizations apply their own software budgets as investments in technology the world needs. Investor-level organizations pay mWater to develop new features they need, customized implementations, dashboards, training and support. In turn, mWater is able to offer these features to the public for free, encouraging more people to monitor water, sanitation, and hygiene services with mobile data collection tools.
4. Eligibility
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, mWater, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
You must be at least 13 years of age in accordance with the Children’s Online Privacy Protection Act. If you live in a jurisdiction other than the United States and your jurisdiction has a higher minimum age to use our Site or Service without parental consent, then you must be at least that age.
You must provide us with personal information and other information that we deem necessary to provide you with our Service.
5. Rules of Use
You must not:
Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of mWater.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the mWater Site, App, Service, or its Users’ computers.
Do anything else which could bring mWater into disrepute or violate the rights of any person.
6. Data Ownership and Sale
We recognize and respect that all data collected through our platform is your property. We commit to the following:
Ownership: All data generated, collected, or processed through our platform remains exclusively yours.
No Sale Policy: We will never sell your data to any third parties. Your data is used solely for delivering and improving the services we provide to you.
Unlimited Downloads and Exports: You have the right to download and export your data in various formats at any time, without restriction.
Right to Data Removal: You may request the deletion of your personal data from our systems at any time, and we will comply with such requests promptly.
By choosing our platform, you trust us with your data. We honor this trust by ensuring your data is managed with integrity and transparency.
7. Limited License
You agree that you are being provided with a limited license to download and install our App and Site. You must not attempt to reverse engineer, distribute, or otherwise tamper with or copy our App or Site. mWater may revoke this license to you at any time at which point you agree that you shall remove our App and any of its derivative data from any devices under your possession or control. mWater shall not be liable to you for any loss in the event of such a revocation.
8. Third Party Charges
The use of our App may result in third party charges including, but not limited to, data charges assessed by your mobile phone provider. You agree that mWater is not liable to you for any third party charges incurred by you as the result of your use of our Service, and you are hereby advised to review your contract with your mobile phone provider to ensure that you do not incur any unexpected third party charges.
9. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
10. Trademarks
“mWater,” and associated logos are marks used by us, mWater, to uniquely identify our Site, App, Service, and business. You agree not to use these marks or the marks of any of our partners, sponsors, or services providers, including, but not limited to, mWater, anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.
11. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
12. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF MWATER OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
13. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
14. Choice of Law
This Agreement shall be governed by the laws in force in the state of New York, United States of America, without regard to conflict-of-laws principles. The offer and acceptance of this contract are deemed to have occurred in the State of New York, United States of America.
15. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of New York, United States of America. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Commercial Claims Court of the State of New York, United States of America (“Commercial Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Commercial Claims Court, you agree not to bring the other claims against us and to instead proceed within the Commercial Claims Court. If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Commercial Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Commercial Claims Court. You agree that if a dispute is eligible to be heard in Commercial Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Commercial Claims Court. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
17. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, mWater shall have the sole right to elect which provision remains in force.
18. Non-Waiver
mWater reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
19. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
20. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
21. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time you use our Service and your continued use of our Service shall constitute your acceptance of any such amendments.
22. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about mWater must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s current contact information, please send a request to us at info@mwater.co.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: May 8, 2024
