Terms of Service

    Last updated: January 28, 2026

    Effective date: January 28, 2026

    These Terms of Service ("Terms") govern your access to and use of WeMix Concrete's website, mobile application, and services. Please read these Terms carefully before using our Services.

    By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.

    Acceptance of Terms

    By accessing or using WeMix Concrete's website, mobile application, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

    These Terms constitute a legally binding agreement between you and WeMix Concrete ("WeMix," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services after any modifications constitutes acceptance of the updated Terms.

    Eligibility and Account Registration

    To use our Services, you must:

    • Be at least 18 years of age

    • Have the legal capacity to enter into binding agreements

    • Provide accurate, current, and complete information during registration

    • Maintain and promptly update your account information

    • Maintain the security of your account credentials

    • Accept responsibility for all activities that occur under your account

    You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

    Use License and Restrictions

    Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or commercial use.

    You agree NOT to:

    • Use the Services for any illegal purpose or in violation of any laws

    • Copy, modify, distribute, sell, or lease any part of our Services

    • Reverse engineer or attempt to extract the source code of our Services

    • Interfere with or disrupt the Services or servers connected to the Services

    • Use automated systems (bots, scrapers) to access the Services without permission

    • Impersonate any person or entity or misrepresent your affiliation

    • Transmit any viruses, malware, or other harmful code

    • Violate any applicable local, state, national, or international law

    Payment Terms

    Payment for services is due as specified during the ordering process. We accept various payment methods, including credit cards, debit cards, and other payment methods as specified.

    By providing payment information, you represent and warrant that:

    • You are authorized to use the payment method

    • The payment information you provide is accurate

    • You will pay all charges incurred in connection with your use of the Services

    All prices are in U.S. dollars unless otherwise stated. Prices are subject to change without notice. We reserve the right to refuse or cancel any order at our sole discretion.

    Refunds are subject to our refund policy, which may be updated from time to time. Refund requests must be submitted within the timeframe specified in our refund policy.

    Service Availability and Modifications

    WeMix services are available in select geographic areas. We reserve the right to:

    • Modify or discontinue the Services (or any part thereof) at any time with or without notice

    • Restrict access to certain features or geographic areas

    • Update service terms, conditions, and pricing

    • Suspend or terminate accounts that violate these Terms

    • Refuse service to anyone for any reason at any time

    We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

    User Content and Conduct

    You are solely responsible for any content, information, or materials you submit, post, or transmit through the Services ("User Content"). You retain ownership of your User Content but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content in connection with providing the Services.

    You agree that your User Content will not:

    • Violate any third-party rights, including intellectual property, privacy, or publicity rights

    • Be defamatory, libelous, obscene, or offensive

    • Contain false, misleading, or fraudulent information

    • Violate any applicable laws or regulations

    We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.

    Prohibited Uses

    You may not use our Services:

    • In any way that violates any applicable federal, state, local, or international law or regulation

    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent

    • To impersonate or attempt to impersonate WeMix, a WeMix employee, another user, or any other person or entity

    • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful

    • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services

    Disclaimer of Warranties

    THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEMIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

    • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
    • Warranties that the Services will be uninterrupted, timely, secure, or error-free
    • Warranties regarding the accuracy, reliability, or quality of the Services
    • Warranties that defects will be corrected

    Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEMIX, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

    IN NO EVENT SHALL WEMIX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO WEMIX IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

    Indemnification

    You agree to defend, indemnify, and hold harmless WeMix, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms.

    Intellectual Property Rights

    The Services and their original content, features, and functionality are and will remain the exclusive property of WeMix and its licensors. The Services are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. All other trademarks, service marks, and trade names are the property of their respective owners.

    Termination

    We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

    If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

    Governing Law and Dispute Resolution

    These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

    Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction. The arbitration shall take place in San Francisco, California.

    You agree to waive any right to a jury trial and to participate in a class-action lawsuit or class-wide arbitration.

    Severability and Waiver

    If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If we waive any of our rights in a particular instance, it does not mean we waive those rights generally or in the future.

    Changes to Terms

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

    Contact Information

    If you have any questions about these Terms of Service, please contact us:

    WeMix Concrete
    Email: legal@wemix.com
    Address: Berkeley HQ, 1433 Eastshore Hwy, Berkeley, CA 94710
    Phone: +1 (415) 725-0157

    Questions About Our Terms?

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