PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING, OR USING THE WAKAO APPLICATION ("APP").
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU EXPRESSLY ACKNOWLEDGE THAT:
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE APP AND MUST IMMEDIATELY DELETE IT FROM ALL YOUR DEVICES.
This End User License Agreement ("Agreement" or "EULA") is entered into between:
1.1 "App" means the Wakao mobile application, web application, and any related software, including but not limited to all versions, updates, upgrades, modifications, enhancements, and derivative works thereof, available on iOS, Android, web, and any other platform.
1.2 "Content" means all text, graphics, images, music, software, audio, video, information, data, files, materials, and other content available through the App, including User-Generated Content and Company Content.
1.3 "User-Generated Content" means any content posted, uploaded, shared, transmitted, or otherwise made available by you or other users through the App, including but not limited to profile information, photos, videos, messages, activity descriptions, location data, and communications.
1.4 "Company Content" means all content owned by or licensed to the Company, including but not limited to the App itself, trademarks, logos, designs, code, and proprietary information.
1.5 "Services" means all services provided through the App, including but not limited to activity discovery, social networking, messaging, location services, payment processing, and subscription services.
1.6 "Subscription" means any paid subscription service provided through the App, including Premium and VIP tiers.
1.7 "Device" means any smartphone, tablet, computer, or other electronic device on which you install or access the App.
1.8 "Account" means the user account you create to access and use the App.
1.9 "Intellectual Property" means all intellectual property rights, including but not limited to copyrights, trademarks, service marks, trade secrets, patents, designs, and proprietary information.
Subject to your compliance with all terms and conditions of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
This license is granted only for the duration of this Agreement and may be terminated by the Company at any time, with or without cause, with or without notice.
YOU MAY NOT AND YOU AGREE NOT TO:
The Company reserves all rights not expressly granted to you in this Agreement. No license, right, or interest in any trademark, service mark, trade name, or other proprietary right of the Company is granted to you under this Agreement.
To use certain features of the App, you must create an Account by providing accurate, current, and complete information. You agree to:
You are solely responsible for:
The Company is not liable for any loss or damage arising from your failure to maintain the security of your Account.
You may terminate your Account at any time by:
Upon termination, all your data, Content, and access to the App may be permanently deleted, and the Company is under no obligation to retain or provide you with any data.
The App offers the following subscription tiers:
Basic (Free):
Premium:
VIP:
By subscribing to any paid tier, you agree to:
Payments are processed through third-party payment processors (e.g., Apple App Store, Google Play Store, Stripe, PayPal). You agree to comply with all terms and conditions of the applicable payment processor, provide accurate and complete payment information, authorize the Company and payment processors to charge your payment method, and accept that the Company is not responsible for payment processor fees, failures, or disputes.
Unless cancelled, subscriptions automatically renew at the end of each billing period. You authorize the Company to charge your payment method for the renewal period. You may cancel your subscription at any time through:
Cancellation must occur at least 24 hours before the renewal date to prevent the next billing cycle.
If offered, free trials are subject to:
ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE, except:
Refund requests must be submitted to support@wakaoapp.com within the applicable time period with detailed justification.
The Company reserves the right to modify subscription prices at any time. Price changes will:
Your continued use of the subscription after price changes constitutes acceptance of the new prices.
You may cancel your subscription at any time. Upon cancellation:
The Company reserves the right to suspend or terminate your subscription immediately, without notice or refund, if:
You retain ownership of any intellectual property rights in User-Generated Content that you post, upload, or transmit through the App.
By posting, uploading, sharing, or transmitting User-Generated Content through the App, you grant the Company and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to:
This license survives termination of your Account and this Agreement.
You represent and warrant that:
You agree not to post, upload, share, or transmit any User-Generated Content that:
The Company reserves the right, but not the obligation, to:
The Company is not liable for any failure to monitor, edit, or remove User-Generated Content.
The App, Services, and all Company Content are owned by the Company or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
All trademarks, service marks, logos, and trade names displayed in the App are the property of the Company or their respective owners. You may not use any Company trademarks without prior written consent.
You acknowledge that:
If you provide feedback, suggestions, or ideas about the App, you grant the Company an unlimited, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without obligation to you.
Your use of the App is also governed by the Company's Privacy Policy, which is incorporated into this Agreement by reference. By using the App, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
The App collects and processes personal information, including but not limited to:
While the Company implements reasonable security measures, you acknowledge that:
The App may integrate with third-party services that collect and process your data. The Company is not responsible for the privacy practices of third-party services. You are encouraged to review their privacy policies.
Your data may be transferred to and processed in countries other than your country of residence. By using the App, you consent to such transfers.
You agree not to:
The App facilitates the creation and discovery of social activities. By participating in activities:
If you create or host activities:
The App uses location services to provide relevant activities and features. By using location services:
THE COMPANY PROVIDES NO SAFETY GUARANTEES. You acknowledge that:
THE APP IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DEVELOPERS, CONTRACTORS, LICENSORS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP BE LIABLE FOR:
IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, some exclusions and limitations may not apply to you.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, directors, officers, employees, agents, developers, contractors, licensors, suppliers, and any other party involved in creating, producing, or delivering the App from and against any and all claims, demands, actions, suits, proceedings, judgments, orders, decrees, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
Your indemnification obligations shall survive termination of this Agreement and your use of the App.
The Company may suspend, terminate, or restrict your access to the App at any time, with or without cause, with or without notice, including but not limited to:
You may terminate this Agreement by:
Upon termination:
The following provisions shall survive termination:
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Delaware, United States, for any disputes arising out of or relating to this Agreement or your use of the App.
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), INCLUDING:
Notwithstanding the above, either party may bring claims in small claims court if the claim is within the jurisdiction of such court.
Nothing in this Agreement shall prevent either party from seeking equitable relief (including injunctive relief) in a court of competent jurisdiction to prevent irreparable harm.
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Company regarding your use of the App and supersedes all prior or contemporaneous agreements, representations, warranties, or understandings.
The Company reserves the right to modify this Agreement at any time. Material changes will be communicated to you through:
Your continued use of the App after modifications constitutes acceptance of the modified Agreement.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by applicable law.
No failure or delay by the Company in exercising any right, power, or remedy under this Agreement shall constitute a waiver of such right, power, or remedy.
You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights or obligations under this Agreement without restriction.
The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, natural disasters, government actions, labor disputes, or technical failures.
All notices required or permitted under this Agreement shall be in writing and shall be deemed given when:
The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
This Agreement is for the sole benefit of you and the Company and shall not be construed to confer any rights or remedies upon any third party.
iOS Platform:
Android Platform:
If you have any questions, concerns, or disputes regarding this Agreement, please contact:
IMPORTANT NOTICE: Contacting the Company does not constitute a waiver of any disclaimers, limitations, or provisions contained in this Agreement. All communications are subject to this Agreement in its entirety.
NO LEGAL ADVICE: The Company does not provide legal advice. If you have legal questions regarding this Agreement, please consult with a qualified attorney in your jurisdiction.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE WAKAO APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL USE OF THE APP AND DELETE IT FROM ALL YOUR DEVICES.