Terms of Use

1. About these terms

These Terms of Use (the Terms) govern your access to and use of the Watercalcs website and the calculators, tools, and related services available through it (the Service). The Service is provided by Water Software Solutions Ltd, a New Zealand company trading as Watercalcs (we, us, our).

Agreeing to these Terms. By creating an account, subscribing, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.

Who you are. You means the person using the Service. If you use the Service in the course of your work for an employer, client, or other organisation, you confirm that you are authorised to accept these Terms on its behalf, and you means both you and that organisation.

Business and professional use. Paid subscriptions are supplied for business and professional use only. By subscribing, you confirm that you are acquiring the Service for the purposes of a business, trade, or profession, and not for personal, domestic, or household use.

Where a subscription covers more than one person under a single organisation account, clause 14 (Team Plans) applies in addition to the rest of these Terms. Our Privacy Statement explains how we handle personal information.

2. The Service

Watercalcs provides online engineering calculators and related tools for water treatment. Basic calculators are available free of charge. Certain advanced features are available only on a paid subscription (Premium).

The Service is a suite that changes over time. We may add, modify, replace, or withdraw individual calculators, tools, and features at any time. A subscription is to the Service as a whole, and not to any particular calculator, tool, or feature. We do not guarantee that any specific calculator, tool, or feature will remain available, and its withdrawal is not a breach of these Terms.

If a change materially reduces Premium. If we withdraw or change a calculator or feature in a way that materially reduces the Premium functionality available to you during a billing period you have already paid for, you may cancel by contacting us within 30 days of the change, and we will refund the unused portion of that billing period on a pro-rata basis. That refund is your sole remedy for the change.

Experimental and preview features. Some calculators or features may be labelled experimental, beta, or preview. They are provided for evaluation, may change or be withdrawn at any time, and call for particular care in checking their outputs.

Opmate and other services. Opmate, our AI plant assistant, is subject to clause 15 in addition to the rest of these Terms. We may offer other services or features that are subject to further terms; we will present those terms before you first use the service or feature, and they will apply in addition to these Terms.

3. Professional use and your responsibility

The Service is intended for use by suitably qualified and experienced professionals. The calculators produce estimates and indicative results based on the inputs you provide and on published methods and models. They are tools to support your own professional judgement, not a replacement for it. You are responsible for the inputs you enter, for checking the outputs, and for any decisions you make. Please read clause 8 (Limitations of use and disclaimer), which sets out important limitations on the outputs.

4. Accounts

You do not need an account to use the free calculators. To subscribe to Premium you must create an account, and you must be at least 18 years old to do so. You agree to provide accurate information, to keep your login details secure, and to be responsible for activity under your account. Notify us promptly of any unauthorised use.

Accounts are personal to the individual who holds them. Login details must not be shared. Where access is provided through a Team Plan, clause 14 sets out how that access works.

5. Subscriptions, billing, and cancellation

Billing and renewal. Premium is offered on a recurring subscription, billed in advance for the billing period shown at checkout (monthly or annual). Payment is processed by our payment provider, Stripe; we do not store your full card details. By subscribing, you authorise us to charge your payment method, through Stripe, at the start of each billing period. Subscriptions renew automatically at the end of each billing period, for a further period of the same length, until cancelled. Before an annual subscription renews, we will send a reminder to the email address on the account.

Cancelling. You may cancel at any time through your account or by emailing support@watercalcs.com. Cancellation takes effect at the end of the current paid period, and you keep Premium access until then. Unless required by law or expressly provided in these Terms, fees already paid are non-refundable.

Currency. Prices are in New Zealand dollars unless stated otherwise. Where checkout offers payment in another currency, the amount shown at checkout is the amount you will be charged. It includes the exchange rate and any conversion fee applied by our payment provider. Your bank or card issuer may charge its own fees, which are your responsibility. Refunds are made to the original payment method in the currency in which you paid, and we are not responsible for differences caused by exchange-rate movements or third-party fees.

Tax. All prices are stated excluding applicable taxes. Tax is calculated and applied at checkout, or shown on the invoice, according to your location and status, and may include New Zealand GST. If the law of your country requires you to account for tax on the Service yourself (for example, under a reverse-charge rule), that is your responsibility. Fees are payable in full, without set-off or deduction.

Failed and disputed payments. If a payment fails, we or Stripe may retry the charge and will notify you. If payment is not received, we may suspend or end Premium access, and your account will revert to free access. If you believe a charge is wrong, please contact us first so that we can put it right. Where a charge is disputed with a card issuer, we may suspend Premium access until the dispute is resolved.

Changes to pricing. We may change our subscription pricing, and may change or introduce new subscription plans, tiers, or billing periods. We will give you at least 30 days’ notice of any price increase affecting your subscription, by email to the address on your account or by notice within the Service. A price change takes effect from your next renewal after the notice period; it does not change the price of a billing period you have already paid for. If you do not accept the new price, you may cancel before your next renewal, and your subscription will end at the close of your current paid period. Continuing to use Premium after the change takes effect means you accept the new price.

Where the subscription is a Team Plan, notice of a price change will be given to the Organisation’s Administrators and to its billing contact, and takes effect from the Organisation’s next renewal. Where a Team Plan is paid annually in advance, this means the renewal following the notice period, and not the period already paid for.

6. Acceptable use

You agree not to:

• use the Service unlawfully or for any unlawful purpose;
• copy, scrape, harvest, or systematically extract content or data from the Service, or access it by bots, scripts, or other automated means;
• reverse engineer, decompile, or attempt to derive the underlying methods, models, or source code of the Service;
• use the Service, or anything extracted from it, to build a competing product or service or to train a machine-learning model;
• resell, sublicense, or commercially exploit the Service without our prior written permission;
• share login details, or allow the Service to be used by more people than the number of licences held;
• remove, alter, or obscure any disclaimer, limitation notice, or ownership notice in the Service or in a report or export it generates;
• present any output to another person as having been checked, certified, or endorsed by us;
• submit any data or material you are not entitled to submit;
• use the Service where doing so would breach sanctions or export-control laws that apply to you or to us;
• interfere with or disrupt the Service, or attempt to gain unauthorised access to it or its systems; or
• use the Service in any way that could damage, disable, or overburden it.

7. Intellectual property

The Service, including its calculators, methods, models, design, text, report formats, and other content, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own internal and professional purposes in accordance with these Terms. No other rights are granted. Watercalcs and our other names and logos are our trade marks and must not be used without our permission.

Your inputs and results. As between you and us, the data you enter, and the results, reports, and exports generated from it, are yours. You may use them in your professional work, including by sharing them with your employer, clients, and regulators, provided that any disclaimer included in a generated report stays with it. This does not give you any rights in the Service itself.

Feedback. If you send us suggestions or feedback about the Service, we may use them without restriction and without payment to you.

8. Limitations of use and disclaimer

• Estimates only. The calculators and tools produce estimates and indicative results based on the inputs you provide and on published engineering methods, models, and correlations. These models are simplifications of complex, site-specific physical and chemical processes and will not capture every factor relevant to your situation.
• Not professional advice. The outputs do not constitute engineering, regulatory, scientific, legal, or other professional advice, and are not a substitute for the judgement of a suitably qualified and experienced professional who has assessed your specific circumstances.
• Your responsibility to verify. Before relying on or acting on any output, you must independently check the inputs and results, confirm that the method is appropriate for your water, plant, and conditions, and verify the outputs against applicable standards, regulations, and guidance — including, where relevant, the Drinking Water Standards for New Zealand, the Drinking Water Quality Assurance Rules, Taumata Arowai requirements, and applicable AS/NZS standards — together with site-specific data and your own professional judgement.
• Standards and regulations. Many calculators are built around New Zealand standards, rules, and practice, and some refer to the requirements of other countries. Regulatory content reflects our reading of the published requirements when the calculator was last updated. It may not reflect later changes, and it is not endorsed or approved by Taumata Arowai or any other regulator. Wherever you are, you are responsible for identifying and complying with the requirements that apply to you.
• Safety-critical decisions. The Service must not be used as the sole basis for any decision affecting drinking-water safety, public health, regulatory compliance, or the design, operation, or control of a treatment process. Responsibility for compliance with all applicable laws, standards, and consents rests with you.
• Other people. The outputs are for your use. If you give an output to anyone else, you are responsible for making sure they understand that these limitations apply. We accept no responsibility to any other person who relies on an output.
• No warranty. While we take care in developing the Service, we do not warrant that the calculations, models, data, or content are accurate, complete, current, error-free, or fit for any particular purpose. The Service is provided on an as-is and as-available basis. Except as expressly set out in these Terms, and subject to clause 9, all warranties, conditions, and representations, whether express, implied, or statutory, are excluded to the maximum extent permitted by law.

9. Consumer and fair trading law

Rights that cannot be excluded. Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Australian Consumer Law, or any other law, to the extent that the right or remedy cannot lawfully be excluded, restricted, or modified.

Business customers. Where you acquire the Service in trade or for the purposes of a business, you and we agree that:

• the Consumer Guarantees Act 1993 does not apply;
• to the extent permitted by section 5D of the Fair Trading Act 1986, sections 9, 12A, 13, and 14(1) of that Act do not apply; and
• it is fair and reasonable for you and us to be bound by this clause.

A Team Plan is acquired for the purposes of a business. Where an Organisation subscribes to a Team Plan, it acquires and uses the Service for business purposes and the Consumer Guarantees Act 1993 does not apply to that subscription.

Australia. If the Australian Consumer Law applies to your use of the Service, our services come with guarantees that cannot be excluded. Where the Service is not of a kind ordinarily acquired for personal, domestic, or household use or consumption, and to the extent that law allows, our liability for failing to comply with such a guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

10. Limitation of liability

To the maximum extent permitted by law, and subject to clause 9:

• we are not liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, goodwill, or business;
• we are not liable for loss to the extent it results from the inputs or assumptions you provide, from use of the Service in breach of these Terms, or from reliance on an output that has not been verified as clause 8 requires; and
• our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the greater of the amount you paid us for the Service in the twelve months before the event giving rise to the liability, or NZ$100.

How these limits apply. These limits and exclusions apply however the liability arises, whether in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. Where the subscription is a Team Plan, the limit applies once to the Organisation and all of its Members together, by reference to the amount the Organisation paid.

Who is protected. The limits, exclusions, and disclaimers in clauses 8, 9, and 10 also apply for the benefit of our directors, officers, employees, contractors, and licensors, each of whom may rely on and enforce them under Part 2, Subpart 1 of the Contract and Commercial Law Act 2017. These Terms may be changed without their consent.

Time limit for claims. To the extent the law allows, any claim against us must be brought within twelve months after you first became aware, or ought reasonably to have become aware, of the facts giving rise to it.

Nothing in these Terms excludes liability that cannot be excluded by law.

11. Indemnity

You indemnify us, and our directors, officers, employees, and contractors, against any claim brought by another person (including your employer, your client, or a regulator), and against the reasonable costs, losses, and expenses we incur in connection with it, to the extent the claim arises from:

• your use of, or reliance on, the Service or its outputs, including any design, operational, or compliance decision made using them, and your giving of outputs to anyone else;
• any data or material you submit to the Service; or
• your breach of these Terms or of any law.

This indemnity does not apply to the extent the claim results from our fraud, our wilful misconduct, or our breach of these Terms. We will tell you promptly about any claim we intend to rely on this clause for, and will take reasonable steps to limit the costs involved.

Where the subscription is a Team Plan, the Organisation indemnifies us on the same basis in respect of use of the Service under its Team Plan, including use by its Members.

12. Third-party services and links

The Service may rely on or link to third-party services (for example, payment and hosting providers). We are not responsible for third-party services or content, which are governed by their own terms.

13. Changes, suspension, and termination

Changes to these Terms. We may update these Terms from time to time. The current version will be posted on this page with the date it was last updated. Changes apply from the date they are posted and are not retroactive. Where a change materially affects a paid subscriber, we will give at least 30 days’ notice by email or within the Service, and the change will take effect at that subscriber’s next renewal after the notice period. If you do not accept a change, you may cancel before it takes effect. Continued use of the Service after a change takes effect means you accept it.

Suspension and termination by us. We may suspend or terminate your access where you materially or repeatedly breach these Terms, where a payment is overdue, or where we reasonably suspect unlawful, fraudulent, or abusive use or a risk to the security of the Service. Where the problem can be fixed and it is practicable to do so, we will tell you and give you a reasonable opportunity to fix it first. Where the matter is serious or urgent, we may act immediately. Unless the law requires otherwise, no refund is payable where access is terminated under this paragraph.

Termination by you for our breach. If we materially breach these Terms and do not remedy the breach within 30 days after you notify us of it, you may cancel your subscription immediately, and we will refund the unused portion of the fee paid for the current billing period on a pro-rata basis.

Free users. The free calculators are provided at our discretion and without charge. We may change, restrict, or withdraw free access, in whole or in part, at any time and without notice, and we have no liability to free users for doing so.

Discontinuing the Service. We may discontinue the Service, or any part of it, at any time. If we discontinue the Service (or discontinue Premium) while you or your Organisation holds a paid subscription, we will give reasonable notice where practicable, and we will refund the unused portion of the fee paid for the current billing period, calculated on a pro-rata basis from the date access ends. Where a Team Plan has been paid annually in advance, the refund is calculated pro-rata across the remainder of that annual period. That refund is your sole remedy in respect of the discontinuation, and no further compensation is payable. This paragraph does not apply where access is terminated for breach.

Your data when access ends. We do not keep a record of your calculations (see clause 17), so there is nothing for us to retrieve or return when a subscription ends. Site Data held for Opmate is dealt with in clause 15. Files you have saved or exported remain yours. Save anything you wish to keep before your access ends. Where you subscribe to a Team Plan, we also hold the account records described in clause 14.

No guarantee of availability. We do not commit to any level of uptime or continued availability, and the Service is provided on an as-available basis as set out in clause 8.

14. Team Plans

This clause applies where a subscription covers more than one person under a single organisation account (a Team Plan). It applies in addition to the rest of these Terms. Where this clause conflicts with another clause, this clause prevails in respect of Team Plans.

In this clause: Organisation means the legal entity that subscribes to a Team Plan; Administrator means an individual authorised to manage the Organisation’s Team Plan; Member means an individual granted access to the Service under the Organisation’s Team Plan; and Seat means one licence for one named individual.

14.1 Who this agreement is with

Where a Team Plan is purchased, this agreement is between us and the Organisation, and not the individual who completes the purchase. The individual who purchases or requests a Team Plan warrants that they are authorised to enter into this agreement on the Organisation’s behalf and to bind it to these Terms. If you are not authorised to do so, you must not purchase or request a Team Plan.

Members are bound by these Terms in respect of their own use of the Service. The Organisation must make sure its Members are aware of these Terms and comply with them, and it remains responsible for all use of the Service under its Team Plan, including use by its Members.

14.2 Seats

A Seat licenses one named individual. Seats are not concurrent licences, and must not be shared, rotated between individuals, or used by more people than the number of Seats held.

Access is linked to a Member’s email address. A Member must sign in using the exact email address the Administrator has added; access does not apply to any other address.

An Administrator occupies a Seat. An Organisation holding five Seats may therefore grant access to five people in total, including its Administrator.

Where we reasonably suspect that Seats are being shared or that more people are using the Service than the number of Seats held, we may investigate, and may suspend access or require the purchase of additional Seats.

14.3 Administrators and Members

An Administrator may add and remove Members, change the number of Seats, grant and revoke Administrator rights, update the Organisation’s billing contact, and manage the Organisation’s subscription. Actions taken by an Administrator are taken on the Organisation’s behalf and bind it. An Organisation may have more than one Administrator, and at least one Administrator must remain on the account at all times.

What Administrators can see. Administrators can see, for each Member of their Organisation, the Member’s email address, their role, the date they were added, and the date they last used the Service. Administrators cannot see the content of a Member’s calculations, inputs, results, or saved files.

Removing Members. An Administrator may remove a Member’s access at any time. Changes to access, including removals, may take up to one hour to take effect. Where a Member is removed, we retain a record that the Member previously had access so that access can be restored if the Organisation chooses. That record does not include the Member’s calculations, and an Organisation may ask us to delete the record at any time.

14.4 Payment by invoice

Availability. Payment by invoice is available to New Zealand organisations on annual Team Plans, at our discretion. All other subscriptions are paid at the time of purchase.

Approval. A request to pay by invoice is a request only and creates no agreement until we approve it. We may decline a request at our discretion and are not required to give reasons. No charge arises from a request we decline.

Payment terms. Invoices are payable within 30 days of the invoice date unless we agree otherwise in writing. Access begins when we approve the request and is not conditional on payment having been received.

Purchase orders. Where an Organisation supplies a purchase order number, we will include it on the invoice. A purchase order is for the Organisation’s internal reference only. Any terms, conditions, or requirements printed on, attached to, or referenced by a purchase order, order form, or similar document do not apply to this agreement and do not vary these Terms, whether or not we acknowledge or act on that document. These Terms prevail. Where the Organisation’s internal procedures require a purchase order, it is the Organisation’s responsibility to provide a valid one before an invoice is raised, including on each renewal.

Late payment. If an invoice is not paid by its due date, we may suspend or cancel the Organisation’s access. We may, at our discretion, continue to provide access while an invoice remains unpaid. Any such continued access is a concession and not an entitlement, does not waive the amount owed, and may be withdrawn at any time. Amounts remain payable whether or not access is suspended or cancelled. We may charge interest on an overdue amount at 1% per month, calculated daily from the due date until it is paid, and may recover our reasonable costs of collecting it.

14.5 Renewal

Team Plans renew automatically at the end of each billing period, at the then-current price for the number of Seats then held, unless cancelled before the renewal date. Before an annual Team Plan renews, we will send a reminder to the Organisation’s Administrators and billing contact. Where an Organisation is invoiced, we will issue a renewal invoice on the same terms. Where the Organisation’s procedures require a new purchase order for each financial year, the Organisation must provide it before renewal, and we are not responsible for delay or non-payment arising from a purchase order the Organisation has not provided or renewed.

14.6 Changing the number of Seats

Adding Seats. Seats may be added at any time. Additional Seats are charged from the date they are added, pro-rated for the remainder of the current billing period, and are charged or invoiced at that time.

Reducing Seats. Seats may be reduced only to a number equal to or greater than the number of Members holding active access; Members must be removed before the corresponding Seats can be released. A reduction takes effect at the next renewal, which is then charged or invoiced for the reduced number of Seats. We do not refund or credit Seats for the period already paid for. Where an Organisation is invoiced, Seat reductions are arranged by contacting us rather than through the Service, so that the renewal invoice is correct.

14.7 Cancellation and its effect on Members

An Organisation may cancel its Team Plan at any time through the customer portal or by contacting us. Cancellation takes effect at the end of the current billing period. We do not refund unused time on a period already paid for, except where these Terms or the law require otherwise.

On cancellation, or where a Team Plan lapses for non-payment, all Members lose Premium access at the end of the period, and may continue to use the free calculators. We retain the Organisation’s Member list so that access can be restored if the Organisation subscribes again, and the Organisation may ask us to delete that list at any time.

Changes to access arising from cancellation, suspension, or the removal of a Member may take up to one hour to take effect.

15. Opmate

Opmate is our AI assistant for water treatment plant operation. It answers questions, helps diagnose plant problems, runs Watercalcs calculations using a site’s own data, keeps a plant log, and holds a site’s plant profile, control register, documents, and key learnings. This clause applies to Opmate in addition to the rest of these Terms. Where this clause conflicts with another clause, this clause prevails in respect of Opmate.

In this clause: Site means one treatment plant or supply set up in Opmate; Site Data means everything held in Opmate for a Site, including its plant profile, control register, uploaded documents, plant log (with any photos on log entries), conversations, and key learnings; Site Admin means a person the Organisation has authorised to manage a Site; the Opmate team means the people at Watercalcs who work on Opmate; and Organisation has the meaning given in clause 14.

15.1 Subscriptions and Sites

Opmate is supplied per Site to an Organisation, and this agreement is with the Organisation. Clause 14.1 applies: the person who purchases or requests Opmate warrants that they are authorised to bind the Organisation. The price per Site, the billing period, the number of people who may use Opmate at a Site, and whether the subscription also includes Premium access to the calculators on watercalcs.com are as shown at checkout or on the invoice.

Sites may be added at any time and are charged from the date they are added, pro-rated for the remainder of the current billing period. A Site may be removed with effect from the next renewal; we do not refund or credit a Site for a period already paid for. Payment by invoice is available on the basis set out in clause 14.4.

Usage. Opmate relies on AI services that cost us money each time they are used, so each Site subscription includes a reasonable usage allowance, stated at checkout or in the Service. If a Site exceeds its allowance, we may slow or pause Opmate for that Site until the next billing period or until additional usage is purchased, and we will say so in the Service. We may act sooner where use appears automated or abusive.

15.2 Free introductory period

An Organisation may use Opmate free of charge for one Site, of any plant type, for one month. Each Organisation may have one free introductory period. The rest of this clause, including the protections for Site Data, applies during that period in the same way as to a paid Site. At the end of the period, the Organisation may subscribe to keep the Site; otherwise clause 15.7 applies as if the subscription had been cancelled.

15.3 Roles, access, and visibility

The Organisation decides who may use Opmate at each of its Sites and appoints at least one Site Admin per Site. A Site Admin may set up and change the Site’s plant profile and control register, approve key learnings, add and remove users, and manage the Site. Actions taken by a Site Admin are taken on the Organisation’s behalf and bind it.

A plant is a shared workplace, and Opmate is built for shift handover. Everyone the Organisation gives access to a Site can see that Site’s conversations, plant log, plant profile, control register, and approved key learnings, including who had each conversation and who made or confirmed each entry. Each Site sees only its own Site Data. Each person must use their own sign-in or passcode, which must not be shared. The Organisation is responsible for all use of Opmate at its Sites, for keeping access current when people change role or leave, and for making sure its users are aware of and comply with these Terms.

15.4 What Opmate is, and is not

• An assistant, not an authority. Opmate combines an AI language model with our knowledge base, your Site Data, and the Watercalcs calculators. Its answers can be wrong, incomplete, out of date, or based on a misreading of your situation, even when they sound confident. Clause 8 applies to everything Opmate produces. Every action remains a decision made by a person who is authorised and competent to make it.
• Your register and water safety plan govern. Where Opmate quotes your control register, water safety plan, or site documents, it is quoting your own documents. Where Opmate says something different from them, your register and water safety plan apply and the difference is for you to raise through your own review process. Opmate does not change your plan, your critical limits, or your corrective actions.
• Not an emergency service. Opmate does not monitor your plant, does not control any equipment, and does not issue notices, notifications, or decisions to any regulator or the public. Where there is a risk to public health, follow your water safety plan and incident procedures and contact the people and agencies they name. Do not wait for Opmate.
• Set-up is yours to confirm. Opmate can draft a control register and other set-up from documents you upload. Extraction can be wrong or incomplete, and documents can be out of date. A Site Admin must check and confirm the Site’s profile and register before Opmate is used for that Site, and must keep them current. Opmate relies on what has been confirmed.
• Calculations in Opmate. When Opmate runs a calculation, it uses the Watercalcs calculators with inputs taken from your Site Data, your plant log, and the conversation. Opmate shows the inputs and assumptions it used. Logged values can be stale and typed values can be wrong, so check them before acting. Calculations in the chat are for quick operational checks; design work belongs in the full calculator.
• Key learnings. A key learning approved by a Site Admin applies to that Site and can override our knowledge base for that Site. The Organisation is responsible for the learnings it approves.
• Regulatory scope. Opmate’s knowledge of regulatory requirements is built mainly around New Zealand drinking water rules and standards, as described in clause 8, and may lag changes to them.

15.5 Site Data

Ownership and licence. As between the Organisation and us, the Organisation owns its Site Data. The Organisation grants us a licence to host, store, process, index, display, transmit, and create working material from Site Data (such as a drafted register, a drafted key learning, or a search index) for the purpose of providing Opmate to that Site, and to use what the Site chooses to share with us as described in clause 15.6.

Your responsibilities. The Organisation is responsible for the Site Data it and its users provide. It confirms that it has the right to upload its documents and enter its data, that doing so does not breach any confidentiality, security, or privacy obligation it owes to anyone else, and that it has decided for itself what is appropriate to hold in a service hosted outside New Zealand. Enter personal information about individuals only where Opmate calls for it, such as the name of the person making a log entry, and do not upload documents whose main content is personal information.

Plant log. Calculations, notes, and records that Opmate writes to a Site’s plant log are the Site’s operational records. We keep them while the Site uses Opmate, and the Site may export them in full at any time. The plant log does not replace the records the Organisation is required by law to keep, and the Organisation remains responsible for those records and for keeping its own copies.

15.6 How we use Site Data

• We use Site Data to provide Opmate to that Site.
• The plant log and photos are never seen by the Opmate team. The database itself refuses the Opmate team’s access to every plant log table and to the photo tables. Photos are encrypted before they are stored, with a key held outside the database, and location and camera details are removed from photos when they are uploaded.
• Opmate’s own tools cannot show the Opmate team a Site’s plant log, or any conversation the Site has not shared, and the database enforces this. As with any hosted service, the companies that run our database and hosting (Supabase and Railway) could technically reach stored data.
• Our core knowledge base never contains a Site’s data. A Site’s profile, register, documents, and key learnings apply only to that Site.
• Site Data is never used to train AI models, whether ours or anyone else’s. Our AI providers process Site Data only to generate responses, under terms that prohibit them from using it for training.
• We do not disclose Site Data to anyone else except our service providers, as described in our Privacy Statement, or where the law requires us to.

Sharing with the Opmate team is the Site’s choice, and is off to start with. The Organisation’s administrator (or, for a Site that is not part of an Organisation, its Site Admin) chooses one of three settings:

• Off: nothing is shared.
• Rated replies only: when someone rates one of Opmate’s replies with a thumbs up or thumbs down, the conversation up to that reply is shared. When Opmate could not answer a question, the person who asked can press Send to Opmate to share that question. Nothing else is shared.
• All conversations: every conversation from the time this setting is switched on, and every question Opmate could not answer.

A shared conversation carries the Site’s name, so that the Opmate team can check Opmate’s answer against the Site’s set-up, and never anyone’s name. A shared question never carries the Site’s name. The Opmate team uses what is shared to improve Opmate’s diagnostic engine; anything we add to our knowledge base as a result is written generically and does not include your identifiable data. Switching sharing off stops new sharing; anything already shared stays with us. The Site Admin can see each conversation shared, how and when, each question sent, and each time the Opmate team opened a shared conversation (when, which, and who). The Organisation is responsible for making sure it is entitled to share what its chosen setting shares.

15.7 Retention, export, and deletion

The text of a conversation is deleted after two years; the record of what Opmate decided is kept without it. The plant log, its photos, and the rest of a Site’s Site Data are the Site’s own record and are kept while the Site uses Opmate. A Site Admin may export the Site’s data at any time in a common machine-readable format, and may ask us to delete particular items or the whole Site.

When an Organisation stops paying for Opmate, whether its subscription is cancelled or lapses, or a free introductory period ends without a subscription, its Sites become read-only and their Site Data is deleted after 90 days. We email the Organisation twice before that happens. Copies in backups are overwritten in the ordinary course after deletion. We may keep what a Site shared with us under clause 15.6 and records we are required by law to keep.

15.8 Availability and changes

Opmate depends on third-party AI and hosting services. We may change the AI models and providers we use and the way Opmate works, and we will keep the list of providers in our Privacy Statement current. We may suspend Opmate for a Site where its use breaches these Terms, puts the Service or other Sites at risk, or would breach a provider’s acceptable-use requirements. Clause 13 (No guarantee of availability) applies.

16. Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or the Service, are governed by the laws of New Zealand.

Talk to us first. If you have a concern or a dispute, contact us at support@watercalcs.com. You and we will each try in good faith to resolve it within 30 days before starting court proceedings. This does not stop either of us seeking urgent relief from a court, or stop us recovering unpaid fees.

Courts. The courts of New Zealand have exclusive jurisdiction over any dispute or claim, except that we may bring proceedings in the courts of any place where you are located or have assets in order to recover amounts you owe us or to protect our intellectual property. This clause is subject to clause 9.

17. Your data and privacy

How calculations are processed. The calculators run on our servers. The values you enter are sent to our servers, the calculation is carried out, and the results are returned to your browser. We do not save your inputs or results to a database, and we do not keep a record of your calculations. Your working data is held in your browser during your session. Premium subscribers can save their settings and results to a file on their own device and load that file again later. Opmate is different: it keeps Site Data so that it can know a site over time, as described in clause 15.

Logs and error reports. Our servers and service providers keep technical logs and error reports so that we can secure the Service and find and fix faults. These can capture details of a request, which may include some or all of the values submitted, particularly where a calculation fails. Logs and error reports are kept for a limited period.

Processing outside New Zealand. Our servers and service providers are located outside New Zealand. The values you enter are therefore transmitted to, and processed in, other countries.

How we treat your inputs. We use the values you enter, and anything captured in logs or error reports, only to operate, secure, and fix the Service. Clause 15.6 sets out how we use Opmate Site Data, including anything a Site chooses to share with us. We do not disclose them to anyone other than service providers who need them for those purposes, unless the law requires us to.

Your responsibilities. You are responsible for making sure you are entitled to submit the data you enter, including under any confidentiality obligation you owe to your employer or client and any policy they have on processing data outside New Zealand. The calculators are designed for engineering and operational data. Do not enter personal information about any individual unless a calculator specifically asks for it.

Personal information. Our Privacy Statement explains what personal information we collect and how we handle it.

18. General

Transfer. You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign or transfer ours to a purchaser of, or successor to, all or part of our business, and we will tell you if we do.

Entire agreement. These Terms, together with the plan details shown at checkout and any further terms presented under clause 2, are the entire agreement between you and us about the Service, and replace any earlier discussion, statement, or representation. Subject to clause 9, you confirm that you have not relied on any statement that is not set out in these Terms.

Events beyond our control. We are not liable for any failure or delay caused by something beyond our reasonable control, including a failure of a third-party hosting, network, or payment service.

Notices. We may give you notice by email to the address on your account or by notice within the Service. You may give us notice by email to support@watercalcs.com. A notice sent by email is treated as received on the next business day after it is sent.

Where the Service is offered. We operate the Service from New Zealand. We do not represent that it is appropriate or lawful to use in every country, and you are responsible for complying with the laws that apply where you are. We may decline or withdraw service where the law requires us to.

Severability and waiver. If any part of these Terms is found to be unenforceable, that part is to be read down or removed to the extent necessary, and the rest continues to apply. If we do not enforce a right, that is not a waiver of it.

Terms that continue. Clauses 7 to 11 and 15 to 18, and any right that arose before your access ended, continue to apply after your subscription or access ends.

19. Contact

Water Software Solutions Ltd, trading as Watercalcs
NZBN 9429051580636
support@watercalcs.com