Terms and Conditions

Please read these terms carefully before using WOW Backup and Restore.

Acceptance of Terms

By accessing or using WOW Backup and Restore (the "Services") provided by Wowzer Technologies Inc. ("Wowzer", "we", "us"), you agree to be bound by these Terms and Conditions. If you do not agree, you must not use the Services.

These Terms apply to all users including subscribers, trial users, and resellers. This service is intended exclusively for business use and may not be used for personal, household, or consumer purposes.

Definitions

• "Client", "You", and "Your" refers to the person or entity accessing the website or using the Services.
• "The Company", "Ourselves", "We", "Our", and "Us" refers to Wowzer Technologies Inc.
• "Party" or "Parties" refers to both the Client and the Company.
• "Customer Data" means data you upload, connect, or otherwise provide to the Services.
• "Services" means WOW Backup and Restore and any related products and features provided by Wowzer Technologies.

Intellectual Property and License

Unless otherwise stated, Wowzer Technologies Inc. and/or its licensors own all intellectual property rights in the Services and website content.

Permitted Use

You may access and use the Services for your internal business purposes.

Restrictions

You must not republish, sell, rent, sub-license, reproduce, duplicate, copy, or redistribute any content from the Services without explicit written authorisation from Wowzer Technologies.

Service Scope and Limitations

The Services provide automated daily backups of connected accounting platform data (Xero and QuickBooks environments). Service limitations include:

• Backups run on a daily automated schedule.
• The Services do not support hourly or real-time backups.
• The Services are not intended as a long-term archival solution independent of an active subscription.
• Restore services are performed by the Wowzer team and are subject to availability and the restore fee schedule in effect at time of request (except where a restore coupon applies).
• Where AI-assisted features are activated by you, outputs are generated by third-party AI inference and are provided for informational purposes. You are responsible for reviewing and verifying any AI-assisted outputs before acting on them.
• Wowzer Technologies does not provide bookkeeping, accounting, or tax preparation services. The Services are tools for accounting professionals.

Your Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You must ensure that your use of the Services complies with applicable laws and regulations, including data protection laws in your jurisdiction.
• You are responsible for obtaining any necessary consents from your clients to connect their accounting data to the Services.
• You must promptly notify us of any unauthorised access to or use of your account.

Payment and Billing

• Subscription fees are charged in advance on a monthly or annual basis (as selected at signup).
• All fees are non-refundable except as required by applicable law.
• We reserve the right to modify pricing with 30 days' notice to subscribers.
• Failure to pay may result in suspension or termination of the Services.
• Restore fees apply per restore event except where a restore coupon is applied.
• Restore coupons are non-transferable and subject to the terms stated at time of issue.

Disclaimers

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

We do not warrant that:

• The Services will be uninterrupted or error-free.
• Any data loss will be fully recoverable in all circumstances.
• Third-party accounting platforms (Xero, QuickBooks) will maintain API availability or data integrity at all times.

Limitation of Liability

To the maximum extent permitted by applicable law, our total liability to you for any claims arising out of or in connection with these Terms or the Services shall not exceed the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim. More than one claim will not enlarge this overall limit.

You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination

Subject to this section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms.

Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately.

Data Processing Addendum

Definitions

• "Customer Personal Data" refers to any personally identifiable information relating to an individual which we are processing on your behalf as a Processor.
• "Data Legislation" means all applicable laws and regulations relating to the processing of Personal Data and privacy, including: GDPR (EU General Data Protection Regulation 2016/679), UK GDPR and Data Protection Act 2018, Australian Privacy Act 1988 (Cth), New Zealand Privacy Act 2020, Canadian PIPEDA, and applicable US state privacy laws.

Scope, Nature and Purpose

We will process Customer Personal Data for the purposes of providing our Services, including backup and restoration services and, where activated by you, AI-assisted analysis features.

Sub-Processors

We currently use the following sub-processors:

We will notify you of any material changes to our sub-processor arrangements. You may object to the appointment of a new sub-processor within 14 days of notification by terminating your subscription.

Restrictions on Processing

We agree not to process Customer Personal Data except:

• As set out in this Addendum.
• To deliver our Services in accordance with our Terms of Use.
• On your written instructions.
• As required by law.

Staff Confidentiality

We agree that all staff who have access to and/or process Customer Personal Data will be obliged to keep the Customer Personal Data confidential.

Technical and Organisational Measures

We will ensure that appropriate technical and organisational measures are in place to ensure that Customer Personal Data is subject to an appropriate level of security.

International Data Transfers

Where Customer Personal Data is transferred outside the country of origin in connection with AI-assisted features, Wowzer Technologies will ensure that appropriate safeguards are in place, including:

• Australia: compliance with Australian Privacy Principle 8.
• New Zealand: compliance with the Privacy Act 2020 (NZ).
• Canada: compliance with PIPEDA accountability and consent principles.
• United Kingdom: reliance on appropriate transfer mechanisms under UK GDPR Article 46.
• United States: compliance with applicable state privacy law obligations.

Governing Law

These Terms shall be governed by the laws in effect in the Province of British Columbia, Canada, without reference to its conflicts of laws provisions. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this agreement.

Changes to Terms

These Terms are subject to occasional revision. We may notify you by email and/or by prominently posting notice of changes on the Services. Any changes will be effective upon the earlier of 30 calendar days following our dispatch of email notice or 30 calendar days following posting. Continued use of the Services following notice of changes shall indicate your acknowledgement of and agreement to be bound by the revised terms.

Dispute Resolution

Any controversy, claim or dispute arising out of or relating to these Terms shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.'s Arbitration Rules. All arbitration proceedings shall be held in English. Before either party may seek arbitration, the party must first send a written Notice of Dispute describing the nature and basis of the claim and the requested relief.

Contact Information

If you have any questions about these Terms, please contact us at: support@wowzer.tech