Terms and Conditions - WaterBucket

WATERBUCKET TERMS OF USE

Version 1.3 — Effective Date: August 20, 2025

Welcome to Waterbucket!

These Terms of Use (“Terms”) govern your access to and use of the Waterbucket online image and video design application, including any related software, documentation, and services (collectively, the “Services”). By accessing or using the Services, you (“you” or “Customer”) agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not have such authority or do not agree with these Terms, you may not use the Services.

1. Services and Support

1.1 Services Description: Waterbucket provides an online platform that allows you to create and design high-quality images and videos for use in product catalogs and digital advertising.

1.2 Access and Use: Subject to these Terms, Waterbucket grants you a non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and platform policies.

1.3 Support: Waterbucket will provide reasonable technical support services to help you use the Services effectively. Support may be provided through online documentation, email, or other channels as determined by Waterbucket.

1.4 Business Use Only: The Services are intended for use solely by businesses and professional users. By using the Services, you represent and warrant that you are accessing the Services for business purposes and not for personal, household, or consumer use.

2. User Responsibilities and Restrictions

2.1 Account Security: You are responsible for maintaining the confidentiality of your account login credentials and for all activities under your account.

2.2 Acceptable Use: You agree not to use the Services in any unlawful or unauthorized way, or to violate the rights of any third party.

2.3 Prohibited Activities: You may not:

Reverse engineer, copy, or attempt to derive source code from the Services.
Circumvent security measures
Access portions of the Services without authorization.
Interfere with or disrupt the performance of the Services.
Use automated scraping or bots without Waterbucket’s written consent.

2.4 Indemnification: You agree to indemnify, defend, and hold harmless Better Cheaper Now LTD d/b/a Iron Pulley and Waterbucket, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to:

Your breach of these Terms.
Your violation of applicable law or platform policies (including BNPL provider policies and advertising regulations in your jurisdiction).
Your use of or reliance on any content generated or distributed through the Services (including AI-generated content).
Any allegation that your User Content or use of the Services infringes the rights of a third party.

3. Content and Intellectual Property

3.1 User Content: You retain ownership of the content you create using the Services. You grant Waterbucket a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for purposes of providing, improving, and promoting the Services.

3.2 Waterbucket IP: All rights, title, and interest in the Services, including software, design tools, and templates, are owned by or licensed to Waterbucket.

3.3 Copyright Compliance: You represent and warrant that your User Content does not infringe third-party intellectual property rights.

3.4 Dynamic Content and System Dependencies: Dynamic creative campaigns depend on continuous availability of accurate feed data from Customer systems and the availability of cloud-based third-party systems. In the event of an interruption, the most recent values may continue to serve until updates resume. Waterbucket will use its best efforts to maintain feed-dependent systems, monitor feed health, and re-establish connections as quickly as possible. However, uninterrupted service cannot be guaranteed, and Waterbucket is not responsible for data staleness, errors, schema changes, platform disapprovals, or third-party outages.

3.5 AI-Generated Content Disclaimer: The Services may generate or modify content using artificial intelligence or automated processes. Waterbucket does not represent or warrant ownership or intellectual property rights in such content. If you use any content produced by or through Waterbucket—whether based on your uploads or generated by the Services—you assume all responsibility for compliance with applicable laws, regulations, and platform policies. Waterbucket disclaims all liability for intellectual property disputes, copyright or trademark claims, or platform enforcement actions arising from such use.

4. Fees and Payment

4.1 Fees: You agree to pay fees for the Services as described on the Waterbucket website or in your Service Agreement.

4.2 Payment Terms: Payment is due in advance per your subscription plan.

4.3 Late Payments: Overdue payments may incur a fee of 1.5% per month or the maximum allowed by law. Waterbucket may suspend access for non-payment.

4.4 Taxes: You are responsible for all taxes associated with your use of the Services (excluding Waterbucket’s net income taxes).

5. Term and Termination

5.1 Term: These Terms remain in effect until terminated.

5.2 Termination by Waterbucket: Waterbucket may suspend or terminate Services at any time, with or without cause.

5.3 Termination by You: You may terminate at any time by written notice.

5.4 Effect of Termination: Upon termination, your license ends, access is revoked, and accrued fees remain payable. Sections 2.4, 3, 4, 5.4, 6, 7, 8, and 9 survive.

6. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS.” WATERBUCKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WATERBUCKET DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WATERBUCKET SHALL HAVE NO LIABILITY FOR (i) ANY USE OF BNPL PRICES OR FAILURE TO COMPLY WITH BNPL PROVIDER POLICIES OR LOCAL LAWS, (ii) ANY CONTENT GENERATED, MODIFIED, OR DISTRIBUTED THROUGH THE SERVICES (INCLUDING AI-GENERATED CONTENT), (iii) PLATFORM ERRORS, OUTAGES, OR POLICY ENFORCEMENT ACTIONS, OR (iv) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

WATERBUCKET’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS EXPRESSLY LIMITED TO THE LESSER OF: FIVE HUNDRED DOLLARS ($500) OR THE FEES PAID BY YOU TO WATERBUCKET FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Dispute Resolution

Any dispute will be resolved by binding arbitration in Columbus, Ohio under AAA rules. English shall be the language of arbitration.

9. General Provisions

9.1 Entire Agreement: These Terms are the complete agreement.

9.2 Governing Law: Ohio law governs.

9.3 Waiver: No waiver is effective unless in writing.

9.4 Severability: If a provision is invalid, the rest remain in effect.

9.5 Notices: Notices to Waterbucket: 1383 Hempwood Drive, Columbus, OH 43229. Notices to you: via your account information.

9.6 Assignment: You may not assign without consent; Waterbucket may assign freely.

9.6 Binding Effect: By accessing or using the Services, you acknowledge and agree that these Terms are binding on you and your organization.

10. Results Guarantee

If you’re dissatisfied, you may request a refund of Fees paid for the Service itself within thirty (30) days of service start. This guarantee does not cover advertising/media costs or third-party fees.

11. Privacy Policy

Waterbucket’s Privacy Policy, available at waterbucket.app/privacy-policy, describes how we collect and use your information.

WATERBUCKET TERMS OF USE

Version 2.0, Effective Date: February 22, 2025

Welcome to Waterbucket!

1. Services and Support

1.1 Services Description: Waterbucket provides an online platform that allows you to create and design high-quality images and videos for use in product catalogs and digital advertising. The Services include access to our proprietary design tools, templates, and features, as well as any associated software and documentation.

1.2 Access and Use: Subject to these Terms, Waterbucket grants you a non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You may not use the Services for any illegal or unauthorized purpose. You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations.

2. User Responsibilities and Restrictions

2.1 Account Security: You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to immediately notify Waterbucket of any unauthorized use of your account or any other breach of security.

2.2 Acceptable Use: You agree to use the Services only for lawful purposes and in a manner that does not violate the rights of any third party. You may not use the Services:

To create, transmit, or store any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
To interfere with or disrupt the Services or servers or networks connected to the Services.
To violate any applicable local, state, national, or international law or regulation.

2.3 Prohibited Activities: You are expressly prohibited from:

Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Software underlying the Services.
Circumventing Security: Attempting to circumvent any security measures implemented by Waterbucket to protect the Services or user data.
Unauthorized Access: Accessing or attempting to access any portion of the Services to which you are not authorized to access.
Interference: Interfering with or disrupting the integrity or performance of the Services or the data contained therein.
Scraping or Automated Access: Using any automated means (e.g., bots, scrapers) to access or collect data from the Services without Waterbucket’s express written consent.

2.4 Indemnification: You agree to indemnify and hold harmless Waterbucket, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Services.

3. Content and Intellectual Property

3.1 Content Ownership: You retain ownership of the content you create using the Services (“User Content”). However, you grant Waterbucket a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content for the purpose of providing and improving the Services, as well as for marketing and promotional purposes.

3.2 Waterbucket Intellectual Property: The Services and all intellectual property rights therein, including but not limited to copyrights, trademarks, patents, and trade secrets, are owned by or licensed to Waterbucket. You may not use Waterbucket’s intellectual property for any purpose other than as expressly permitted in these Terms.

3.3 Copyright Compliance: You represent and warrant that your User Content does not infringe the copyrights or other intellectual property rights of any third party. You agree to comply with all applicable copyright laws and regulations when using the Services.

4. Fees and Payment

4.1 Fees: You agree to pay the fees for the Services as described on the Waterbucket website or in your Services Agreement (“Fees”). Fees are subject to change upon notice from Waterbucket. All Fees are quoted and payable in U.S. dollars.

4.2 Payment Terms: Payment for the Services is due in advance on a monthly or annual basis, as specified in your chosen subscription plan. You authorize Waterbucket to charge your designated payment method for the Fees.

4.3 Late Payments: Late payments may be subject to a late payment fee of 1.5% per month or the maximum amount permitted by law, whichever is lower. Waterbucket may suspend your access to the Services for non-payment.

4.4 Taxes: You are responsible for all applicable sales, use, value-added, and other taxes associated with your use of the Services, excluding taxes based on Waterbucket’s net income.

5. Term and Termination

5.1 Term: These Terms will commence on the date you first access or use the Services and will remain in effect until terminated as provided herein.

5.2 Termination by Waterbucket: Waterbucket may terminate these Terms or suspend your access to the Services at any time for any reason, with or without notice. Without limiting the foregoing, Waterbucket may terminate these Terms immediately if you:

Fail to pay any Fees when due.
Breach any material provision of these Terms.
Use the Services in a manner that violates applicable law or infringes the rights of any third party.

5.3 Termination by You: You may terminate these Terms at any time by providing written notice to Waterbucket.

5.4 Effect of Termination: Upon termination of these Terms:

Your license to use the Services will terminate.
You will no longer have access to your User Content stored on the Services.
You will remain liable for all Fees accrued up to the next billing cycle date after the termination.
The following sections will survive termination: 2.4 (Indemnification), 3 (Content and Intellectual Property), 4 (Fees and Payment), 5.4 (Effect of Termination), 6 (Warranty Disclaimer), 7 (Limitation of Liability), 8 (Dispute Resolution), and 9 (General Provisions).

6. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WATERBUCKET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WATERBUCKET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WATERBUCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL WATERBUCKET’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE LESSER OF $1,200 OR THE AMOUNT OF FEES PAID BY YOU TO WATERBUCKET DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

8. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services will be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be held in Columbus, Ohio, and the language of the arbitration will be English.

9. General Provisions

9.1 Entire Agreement: These Terms constitute the entire agreement between you and Waterbucket with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

9.2 Governing Law: These Terms will be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.

9.3 Waiver: No waiver of any provision of these Terms will be effective unless in writing and signed by Waterbucket.

9.4 Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.

9.5 Notices: All notices and other communications hereunder will be in writing and will be deemed to have been duly given when delivered personally, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

If to Waterbucket:

Waterbucket, Inc. 1383 Hempwood Drive, Columbus OH 43229

If to you:

At the address provided by you in your account information.

9.6 Assignment: You may not assign or transfer these Terms, in whole or in part, without Waterbucket’s prior written consent. Waterbucket may assign these Terms without restriction.

10. Results Guarantee

Waterbucket offers a results guarantee for its Services. If you’re dissatisfied for any reason you can request a refund. This guarantee is limited to a refund of the Fees paid for the Service itself, for a maximum of thirty (30) days from the start of service.

This guarantee does not cover any advertising fees, media buying costs, or other expenses incurred outside of the direct Fees paid to Waterbucket for the use of the Service.

To receive your refund please reach out to [email protected]

11. Privacy Policy

Waterbucket’s Privacy Policy, available at waterbucket.app/privacy-policy, describes how we collect, use, and protect your personal information. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]