Agreement
These terms are a contract between you and Merkato LLC, doing business as Wheelhouz (“Wheelhouz”, “we”, “us”). They cover this website and our products: BHQ (bhq.app and the BHQ mobile apps) and Discount Hunt for Shopify (discounthuntapp.com), together the “services”. By using a service you accept these terms. If you use a service on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.
Product-specific terms, where they exist, appear as sections at the end of this document and take precedence for that product.
Accounts
You must provide accurate information when creating an account and keep it current. You are responsible for activity under your account and for keeping credentials confidential. Tell us immediately at hello@wheelhouz.com if you suspect unauthorised access. Accounts are for businesses; you must be at least 18 to open one.
Subscriptions and payment
Paid plans are billed in advance on the cycle shown at sign-up. Prices can change with at least 30 days’ notice; a change applies from your next billing cycle. Fees are non-refundable except where the law says otherwise or these terms say so. You can cancel any time from the product’s settings; the plan stays active until the end of the paid period. Discount Hunt is billed through Shopify’s billing system under Shopify’s terms.
Your data
You own the data you put into a service (“customer data”). You grant us the rights needed to host, process, back up, and display it to provide the service to you. We use customer data only to operate and support the service, as described in our privacy policy. You are responsible for having the rights and consents needed to put customer data into the service, including any consent required from people whose contact details you store or message.
You can export your data at any time while your account is active. After closure we delete it as described in the privacy policy.
Acceptable use
You will not:
- use a service to send unsolicited messages, or to send text messages to anyone who has not opted in;
- upload malware, or try to access accounts, systems, or data that are not yours;
- resell or sublicense a service, or scrape it, or reverse engineer it beyond what law permits;
- use a service for anything unlawful, or in a way that harms other users or third parties;
- impersonate anyone or misrepresent your relationship with Wheelhouz.
We may suspend an account that breaks these rules. We will tell you why and, where the problem can be fixed, give you a chance to fix it.
Text messaging
Some services can send text messages to your users or to people you message through the service. You are responsible for obtaining and recording consent from each recipient in a form that satisfies applicable law and carrier rules, for honouring STOP requests, and for the content of the messages you send. Our messaging policy describes how messaging works in our products.
Our intellectual property
The services, including software, design, and documentation, belong to Wheelhouz or our licensors. These terms give you a limited, non-exclusive, non-transferable right to use them during your subscription. Feedback you give us can be used without obligation to you. Open-source software published by Wheelhouz is licensed under the license in its repository, not under these terms.
Third-party platforms
Discount Hunt runs on Shopify and the BHQ mobile apps are distributed through Apple and Google. Their terms apply to your use of those platforms. We are not responsible for changes those platforms make that affect a service, though we will do our best to adapt.
Availability and support
We aim to keep the services available around the clock and to notify you of planned maintenance. Support is by email during business hours in the United States. We do not guarantee any particular uptime unless a separate written agreement says so.
Disclaimer
The services are provided “as is”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that a service will be uninterrupted or error-free.
Limitation of liability
To the fullest extent permitted by law, Wheelhouz will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from these terms or the services. Our total liability for any claim is limited to the amount you paid us for the service in the 12 months before the claim arose. Some jurisdictions do not allow these limits, in which case they apply to the extent permitted.
Indemnity
You will defend and indemnify Wheelhouz against claims arising from your customer data, your use of a service in breach of these terms, or your violation of law or third-party rights.
Termination
You may close your account at any time. We may terminate or suspend your access for material breach of these terms, for non-payment after notice, or if required by law. On termination your right to use the service ends and the data provisions above apply. Sections that by their nature should survive (data, intellectual property, disclaimer, limitation of liability, indemnity, governing law) survive termination.
Changes
We may update these terms. The effective date at the top changes when we do. For material changes we give account holders at least 30 days’ notice by email or inside the product. Continued use after the effective date is acceptance.
Governing law and disputes
These terms are governed by the laws of the State of Washington and the United States, without regard to conflict-of-law rules. Before filing a claim, each side agrees to try to resolve the dispute by contacting the other in writing and negotiating in good faith for 30 days. Courts located in King County, Washington have exclusive jurisdiction, and each side consents to that venue.
General
These terms, with the privacy policy and messaging policy, are the whole agreement between us for the services. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these terms without our consent; we may assign them in connection with a merger, acquisition, or sale of a product, with notice to you.
Contact
Merkato LLC, doing business as Wheelhouz. hello@wheelhouz.com.