WasteXAI Terms of Service

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From everyone at Waste Exploration Technologies, thank you for using our product! We build it to help you create more efficient and sustainable operations. To ensure our service runs smoothly for everyone, we need to have some Terms of Service in place.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Waste Exploration Technologies, doing business as WasteXAI.

When we say “Services”, we mean our website, www.wastexai.com, and any product created and maintained by Waste Exploration Technologies, including our waste operations platform, whether delivered within a web browser, desktop application, or mobile application.

When we say “You” or “your”, we are referring to the people or organizations that own an account with our Services.

IMPORTANT: This Agreement contains a mandatory arbitration clause and class action waiver in Section 9 that requires you to resolve disputes with us on an individual basis through arbitration, not by a jury trial or as part of a class action. By accepting these Terms, you are waiving your right to a trial by jury and your right to participate in a class action.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change, we will refresh the date at the top of this page and take appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. ¹These Terms do contain a limitation of our liability.

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If you violate any of the Terms, we may terminate your account. We do our best to deserve your trust by being transparent about how we work and keeping an open door to your feedback.

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1. Account Terms

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1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor authentication for added security.
2. You may not use the Services for any illegal or unauthorized purpose, and you may not permit any of your users to do so, either.
3. You are responsible for all content posted to and activity that occurs under your account, including content and activity of any users in your account.
4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

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2. Payment, Refunds, and Plan Changes

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1. If you are using a free version of one of our Services, it is really free: we do not ask for your credit card and we do not sell your data.
2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment.
3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority. Otherwise, you are responsible for payment of all such taxes, levies, or duties.
5. We process refunds according to a fair refund policy, which we will make available to you.

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3. Cancellation and Termination

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1. You are solely responsible for properly canceling your account. Within our Services, we provide a simple cancellation link. An email or phone request to cancel your account is not considered cancellation. If you need help canceling your account, you can always contact our support team at support@wastexai.com.
2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from our active systems. Within 90 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
3. If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately, and you will not be charged again.
4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account. Termination will result in the deletion of your account and all of its content. We reserve the right to refuse service to anyone for any reason at any time.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee will result in immediate account termination.

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4. Modifications to the Service and Prices

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1. We are committed to the long-term success of our Services. However, we reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
2. Sometimes we change the pricing structure for our products. When we do so, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days' notice and will notify you via the email address on record.

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5. Uptime, Security, and Privacy

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1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We take uptime seriously but do not offer formal service-level agreements.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers and negatively impacts the performance of the Service for other customers. We will attempt to contact the account owner before taking any action.
3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for all data in transit. Please refer to our Privacy Policy for more details.
4. When you use our Services, you entrust us with your data. You agree that we may process your data as described in our Privacy Policy and for no other purpose. We as humans may access your data only for the following reasons:

• To help you with support requests you make. We’ll ask for your express consent before accessing your account.
• To safeguard our platform. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services. We may also access accounts as part of an abuse investigation.
• On the rare occasions when an error occurs. If an automated process fails, we may need to look at a minimum amount of personal data to fix the issue. We aim to fix the root cause to prevent recurrence.
• To the extent required by applicable law. As a US company, we only preserve or share customer data if compelled by a US government authority with a legally binding order.

5. We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, and storage required to run the Services. These are our sub-processors, and you can see a list of them in our Privacy Policy.
6. Under the California Consumer Privacy Act (“CCPA”), we are a “service provider” with respect to your use of the Services. We process any data you share with us only for the purpose you signed up for. We do not retain, use, disclose, or sell any of that information for any other commercial purposes.

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6. Copyright and Content Ownership

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1. All content posted on the Services must comply with U.S. copyright law.
2. We claim no intellectual property rights over the material you provide to the Services. All materials you upload remain yours. You give us a limited license to use your content only in order to provide the Services to you.
3. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
4. You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Services without the express written permission of the Company.

7. Hardware and Sensor Policy

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You acknowledge that the use of our Services requires sensor hardware ("Hardware") that is provided by us. By using our Services, you agree to the following terms regarding this Hardware:

a. Installation and Responsibility for Property: You, the Customer, are solely responsible for the proper installation of all Hardware on your property or equipment (e.g., dumpsters, containers). You acknowledge that installation may require modifications to your property, such as drilling holes. You assume all risk and liability for any damage to your property or equipment resulting from the installation, presence, or removal of the Hardware. You agree to indemnify and hold Waste Exploration Technologies harmless from any third-party claims related to damage caused by Hardware installation on property you do not own.

b. Limited 12-Month Warranty: We provide a twelve (12) month limited warranty for Hardware, covering defects in materials and workmanship under normal use. Our sole obligation under this warranty will be, at our discretion, to replace the defective Hardware. This warranty is void and does not cover damage resulting from: * Accidents, misuse, abuse, or neglect; * Damage occurring during normal business operations, including but not limited to trash collection or container movement; * Unauthorized modification or repair; * Vandalism, theft, or loss.

To make a warranty claim, you must contact our support team and may be required to return the defective Hardware to us.

c. Damaged, Lost, or Stolen Hardware: You are solely responsible for the security and protection of the Hardware. Outside of a valid claim under the Limited 12-Month Warranty, you are responsible for the full replacement cost of any Hardware that is damaged, lost, or stolen. You acknowledge that normal business operations may result in damage to the Hardware, and you assume this risk. We may offer optional protection plans for a separate fee, the terms of which will be provided to you at the time of purchase.

d. No Refunds for Hardware: All fees paid for Hardware, whether at the outset of your Service, for replacements, or as part of a protection plan, are non-refundable.

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8. Beta Services

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Waste Exploration Technologies may make new products or features available to you as "Beta Services," which may be subject to additional terms and conditions. You acknowledge that Beta Services may be unstable and subject to frequent, substantial interruptions and to erroneous output and operation. You agree not to use any Beta Services for any mission-critical or other important functions without taking appropriate precautions to prevent loss or damage resulting from such use.

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9. Features and Bugs

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We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations. We track bugs reported to us and work through priority ones, but we don’t guarantee completely error-free Services.

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10. Dispute Resolution, Governing Law, and Arbitration

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Before filing a formal legal claim, you agree to try to resolve the dispute informally by contacting support@wastexai.com. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days of submission, you or Waste Exploration Technologies may bring a formal proceeding.

Governing Law: This Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. 

Arbitration: Any dispute, claim, or controversy arising out of this Agreement shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted on an individual basis and not in a class, consolidated, or representative action. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Waiver of Jury Trial and Class Action: By entering into this Agreement, you and Waste Exploration Technologies are each waiving the right to a trial by jury and to participate in a class action. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

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11. Liability

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You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services or any provided Hardware; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence), or any other theory of liability.

In other words: choosing to use our Services means you are making a bet on us. If that bet doesn’t work out, that’s on you, not us. We do our best to be as safe a bet as possible through careful management, investment in security and infrastructure, and giving a damn. Thank you for betting on us.

If you have a question about any of these Terms, please contact our support team at support@wastexai.com.