Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between you and POGO Engineering, pogowash.com, and their parents, subsidiaries, affiliates, licensors, vendors, contractors, successors, and assigns (collectively, "POGO," "we," "us," or "our"). These Terms apply to all visitors, customers, operators, merchants, installers, resellers, technicians, administrators, and end users.

If a quote, invoice, order form, subscription plan, support plan, reseller agreement, or other written agreement separately governs a transaction, that agreement controls to the extent of a direct conflict, but these Terms still apply to any website, firmware, software, or service use not specifically replaced by that separate agreement.

2. Scope of Services

"Services" includes our websites, customer portals, firmware, software, alerts, remote activation tools, reporting, diagnostics, documentation, support materials, parts, accessories, embedded code, hosted content, APIs, and any related products or services we make available now or later, whether paid, free, trial, beta, or discontinued.

Features, functions, content, pricing, hardware revisions, service tiers, integrations, and product availability may change at any time, with or without notice, to the maximum extent permitted by law.

3. Eligibility and Authority

You represent and warrant that you are legally capable of entering into these Terms and, if acting for a company, trust, property owner, car wash, reseller, or other entity, that you have authority to bind that entity. You may not use the Services if doing so would violate applicable law, a sanctions program, or a contractual restriction binding on you.

4. Orders, Pricing, Payment, Taxes

Prices, promotions, product descriptions, lead times, and availability may be corrected or changed at any time. We may reject, limit, delay, cancel, or refund any order for any lawful reason, including suspected fraud, pricing error, stock limits, export restrictions, address issues, compatibility concerns, or payment processor refusal.

You are responsible for all shipping charges, taxes, duties, permits, assessments, processor fees, bank fees, chargebacks, reversals, and similar amounts associated with your purchase or use. All payment obligations are due when stated, are non-offsettable except where required by law, and may be collected through third-party processors.

Unless a written refund policy or warranty expressly says otherwise, all sales, subscriptions, setup services, configuration work, and custom work are final and non-refundable to the maximum extent permitted by law.

5. Accounts and Security

You are responsible for all credentials, passwords, API keys, tokens, local network access, administrator accounts, contact points, and activity that occurs through your accounts, devices, or integrations. You must promptly notify us of unauthorized access, suspected compromise, fraud, tampering, diversion, cloning, abuse, or anomalous device behavior.

We may assume that any instruction originating from your account, email, saved payment method, registered contact, device, or connected environment is authorized by you unless we clearly know otherwise.

6. Equipment, Installation, and Site Risk

You are solely responsible for selecting, purchasing, installing, wiring, mounting, grounding, fusing, configuring, securing, operating, inspecting, cleaning, calibrating, monitoring, and maintaining all equipment and installation environments. This includes enclosures, power sources, wiring, relays, controllers, displays, timers, network gear, sensors, payment readers, vaults, pumps, vacuums, doors, signage, and any connected or adjacent equipment.

You assume all risk arising from improper installation, unsuitable environment, water intrusion, chemicals, corrosion, voltage irregularities, grounding faults, electromagnetic interference, vandalism, theft, lightning, pests, debris, operator error, employee misconduct, customer misuse, inadequate inspection, delayed maintenance, or failure to follow instructions, warnings, or applicable codes.

You are responsible for independently verifying timing behavior, pricing, pulse interpretation, counts, reports, settlements, cash collections, deposits, alert delivery, inventory, and any machine state before relying on them in operation, accounting, customer service, or dispute resolution.

7. Third-Party Systems and Compatibility

The Services may interoperate with or reference third-party hardware, software, networks, carriers, ISPs, banks, card brands, gateways, processors, payment platforms, routers, controllers, or unattended-retail systems, including systems marketed by others such as Dixmor, Cryptopay, Nayax, PayPal, card processors, and similar vendors. Any such interoperability is provided on an "as available" and "as implemented at the time" basis only.

We do not guarantee present or future compatibility, certification, approval, uptime, transaction success, settlement, fraud-screening outcome, fee level, API continuity, firmware continuity, network continuity, or regulatory acceptance for any third-party product or service. Third parties may change, suspend, discontinue, throttle, reject, or impair integrations without notice, and you assume that risk.

8. No Safety-Critical or Emergency Use

The Services are not designed, sold, or warranted as fail-safe, emergency, life-safety, vehicle-protection, environmental-protection, security, fire-suppression, or hazard-isolation systems. Do not rely on the Services to prevent injury, death, property damage, contamination, theft, fraud, flooding, chemical release, customer entrapment, equipment runaway, or any other hazardous condition.

You must implement your own appropriate safeguards, lockouts, emergency shutoffs, alarms, inspections, monitoring, operating procedures, employee training, signage, and site controls.

9. Customer Compliance Obligations

You are solely responsible for compliance with all laws, regulations, codes, permits, inspections, notices, disclosures, card-industry rules, processor rules, network rules, privacy requirements, accessibility requirements, labor obligations, tax rules, AML/KYC obligations, sanctions restrictions, environmental rules, and consumer-protection requirements that apply to your business, property, employees, customers, machines, data, transactions, and jurisdictions.

We do not provide legal, tax, accounting, banking, engineering, safety, or regulatory advice, and no statement by us should be interpreted as such.

10. Updates, Remote Access, and Changes

We may deploy or require updates, patches, configuration changes, revised defaults, security controls, feature changes, compatibility changes, or service migrations at any time. Updates may alter appearance, behavior, settings, timing, integrations, telemetry, or hardware interactions. You are responsible for testing in your own environment before relying on any updated behavior in production.

If remote access, diagnostics, support, or cloud-connected features are enabled, you authorize us and our service providers to access device and service data reasonably necessary to support, secure, operate, improve, or comply with legal obligations for the Services.

11. Acceptable Use

You may not, and may not permit others to:

• use the Services for unlawful, deceptive, fraudulent, abusive, unsafe, or unauthorized purposes;
• bypass security, rate limits, licensing, payment flows, telemetry, or feature restrictions;
• reverse engineer, decompile, scrape, clone, tamper with, or interfere with the Services except where law cannot prohibit it;
• circumvent payment, processor, or settlement controls or attempt to conceal chargebacks, fraud, or prohibited transactions;
• upload malicious code, overload systems, or interfere with another customer, machine, or network;
• misrepresent compatibility, certification, approvals, uptime, safety, or performance to your customers or users.

12. Data, Privacy, and Records

Our handling of personal data is governed by any applicable privacy policy and by law. You remain responsible for obtaining all notices, consents, permissions, and lawful bases needed for the data you collect, send, store, process, or display through your use of the Services.

You are responsible for your own backups, exports, accounting records, tax records, customer receipts, machine logs, settlement reconciliations, chargeback records, and incident evidence. We do not guarantee permanent retention, perfect recordkeeping, or forensic completeness of any data, alert, report, message, or event history.

13. Intellectual Property

The Services and all related technology, code, firmware, layouts, graphics, text, documentation, reports, and branding are owned by POGO or its licensors and are protected by intellectual-property and unfair-competition laws. Except for the limited right to use the Services as expressly allowed, no rights are granted by implication, estoppel, or otherwise.

If you send us suggestions, ideas, bug reports, improvement requests, or feedback, you grant us a perpetual, irrevocable, worldwide, sublicensable, royalty-free right to use them for any lawful purpose without compensation or attribution.

14. Support and Availability

Support, setup help, documentation, training, troubleshooting, and courtesy guidance are provided as available and may be modified, delayed, limited, or discontinued at any time. We do not guarantee response times, resolution times, permanent fixes, field compatibility, or uninterrupted service.

Service availability may be affected by maintenance, outages, processor rules, ISP conditions, cellular coverage, hardware faults, upstream dependencies, fraud controls, third-party changes, force majeure, or planned or emergency interventions.

15. Disclaimer of Warranties

Without limiting the foregoing, we do not warrant that the Services will be uninterrupted, error-free, secure, current, profitable, compatible with every environment, acceptable to any processor or regulator, or free from fraud attempts, tampering, false readings, delayed alerts, duplicate events, missed events, settlement differences, or data loss.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POGO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CUSTOMERS, LOSS OF USE, SERVICE INTERRUPTION, DOWNTIME, DELAY, SECURITY INCIDENT, CHARGEBACK, PROCESSOR HOLD, REGULATORY ISSUE, PROPERTY DAMAGE, VEHICLE DAMAGE, PERSONAL INJURY, OR COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO POGO FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT FIRST GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100) IF NO SUCH PAYMENT WAS MADE.

The foregoing limitations apply whether a claim is based on contract, tort, negligence, strict liability, statute, or any other theory. Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

17. Indemnification

You will defend, indemnify, and hold harmless POGO and its officers, directors, employees, owners, agents, licensors, contractors, and service providers from and against any claims, demands, actions, investigations, damages, liabilities, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use of the Services or your operation of any site, machine, payment flow, or connected equipment;
• your installation, wiring, maintenance, settings, procedures, employees, contractors, or customers;
• your data, content, transactions, marketing, refunds, taxes, or legal compliance obligations;
• your breach of these Terms or any applicable law, code, rule, or third-party agreement;
• any injury, loss, damage, dispute, refund, chargeback, processor claim, or regulatory inquiry connected to your use.

18. Suspension and Termination

We may suspend, limit, disable, refuse, or terminate any account, feature, order, device connection, integration, or service at any time, with or without notice, if we believe there is fraud, nonpayment, abuse, legal risk, security risk, excessive support burden, unsafe operation, processor risk, network misuse, violation of these Terms, or any other business, technical, or legal reason.

Sections that by their nature should survive termination will survive, including payment obligations, disclaimers, liability limits, indemnities, intellectual-property protections, and dispute-related provisions.

19. General Terms

We may revise these Terms by posting updated terms on this page or elsewhere in the Services. Your continued use after an update means you accept the revised Terms. Headings are for convenience only and do not limit interpretation.

You may not assign these Terms without our prior written consent. We may assign them freely. If any provision is held unenforceable, it will be enforced to the maximum extent lawful and the remaining provisions will remain in effect.

These Terms are governed by the law applicable to the POGO contracting entity providing the relevant Service, without regard to conflict-of-law rules, except to the extent mandatory law requires otherwise. Any dispute must be brought only in a forum with competent jurisdiction that has a reasonable connection to that contracting entity or Service relationship, unless applicable law requires a different forum.

These Terms constitute the entire agreement between you and POGO regarding the subject matter they cover, except for any separate signed agreement, invoice terms, or order form that expressly supersedes specific portions of these Terms.