IMPORTANT LEGAL NOTICE
BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE WAKAO APPLICATION ("APP") ON ANY PLATFORM INCLUDING BUT NOT LIMITED TO iOS, ANDROID, WEB, OR ANY OTHER MOBILE OR DESKTOP PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("TERMS") IN THEIR ENTIRETY.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE APP AND DELETE IT FROM ALL YOUR DEVICES.
1. ACCEPTANCE OF TERMS
BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE WAKAO APPLICATION ("APP") ON ANY PLATFORM INCLUDING BUT NOT LIMITED TO iOS, ANDROID, WEB, OR ANY OTHER MOBILE OR DESKTOP PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("TERMS") IN THEIR ENTIRETY.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE APP AND DELETE IT FROM ALL YOUR DEVICES. CONTINUED USE OF THE APP CONSTITUTES ACCEPTANCE OF THESE TERMS AND ANY FUTURE MODIFICATIONS.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Wakao Technologies Inc. ("Company," "we," "us," or "our") governing your use of the Wakao social activity discovery and planning application.
3. COMPLETE DISCLAIMERS AND LIMITATIONS OF LIABILITY
3.1 NO WARRANTIES WHATSOEVER:
THE APP IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE
- WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION
- WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
- WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
- WARRANTIES REGARDING THE COMPATIBILITY OF THE APP WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR NETWORK CONFIGURATION
3.2 COMPLETE LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAKAO TECHNOLOGIES INC., 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 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO:
- DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
- DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE APP
- DAMAGES RESULTING FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APP
- DAMAGES RESULTING FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS
- DAMAGES RESULTING FROM ANY SECURITY BREACHES, DATA LOSS, OR PRIVACY VIOLATIONS
- DAMAGES RESULTING FROM ANY THIRD-PARTY ACTIONS OR OMISSIONS
- DAMAGES RESULTING FROM ANY TECHNICAL FAILURES, SYSTEM CRASHES, OR DATA CORRUPTION
3.3 MAXIMUM LIABILITY:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE APP DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.
3.4 ESSENTIAL PURPOSE:
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. USER RESPONSIBILITIES AND COMPLETE INDEMNIFICATION
4.1 COMPLETE USER RESPONSIBILITY:
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR:
- ALL ACTIONS, CONDUCT, AND BEHAVIOR WHILE USING THE APP
- ALL CONTENT YOU POST, SHARE, TRANSMIT, OR OTHERWISE MAKE AVAILABLE THROUGH THE APP
- ALL INTERACTIONS WITH OTHER USERS OF THE APP
- ALL ACTIVITIES YOU CREATE, JOIN, OR PARTICIPATE IN THROUGH THE APP
- ALL COMMUNICATIONS, MESSAGES, AND INFORMATION EXCHANGED THROUGH THE APP
- MAINTAINING THE SECURITY AND CONFIDENTIALITY OF YOUR ACCOUNT CREDENTIALS
- COMPLYING WITH ALL APPLICABLE LAWS, REGULATIONS, AND THIRD-PARTY TERMS OF SERVICE
- ENSURING YOUR DEVICE MEETS ALL TECHNICAL REQUIREMENTS FOR THE APP
- BACKING UP ANY IMPORTANT DATA OR INFORMATION
- PROTECTING YOURSELF FROM ANY POTENTIAL HARM, INCLUDING BUT NOT LIMITED TO PHYSICAL, EMOTIONAL, OR FINANCIAL HARM
4.2 COMPLETE INDEMNIFICATION:
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WAKAO TECHNOLOGIES INC., 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 USE OF THE APP
- YOUR VIOLATION OF THESE TERMS
- YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS
- YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS
- ANY CONTENT YOU POST, SHARE, OR TRANSMIT THROUGH THE APP
- ANY ACTIVITIES YOU CREATE, JOIN, OR PARTICIPATE IN THROUGH THE APP
- ANY INTERACTIONS WITH OTHER USERS OF THE APP
- ANY CLAIMS BY THIRD PARTIES RELATING TO YOUR USE OF THE APP
- ANY DAMAGES OR INJURIES CAUSED BY YOUR USE OF THE APP
- ANY SECURITY BREACHES OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT
- ANY TECHNICAL ISSUES OR FAILURES YOU EXPERIENCE WHILE USING THE APP
4.3 CONTINUING OBLIGATION:
YOUR INDEMNIFICATION OBLIGATIONS SHALL CONTINUE EVEN AFTER TERMINATION OF YOUR USE OF THE APP AND SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS.
5. CONTENT, CONDUCT, AND COMPLETE DISCLAIMERS
5.1 USER-GENERATED CONTENT DISCLAIMER:
WE EXPLICITLY DISCLAIM ALL RESPONSIBILITY FOR ANY USER-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO:
- PROFILE INFORMATION, PHOTOS, VIDEOS, AND MEDIA
- ACTIVITY DESCRIPTIONS, LOCATIONS, AND DETAILS
- MESSAGES, COMMENTS, AND COMMUNICATIONS
- ANY OTHER CONTENT POSTED, SHARED, OR TRANSMITTED BY USERS
5.2 NO ENDORSEMENT OR VERIFICATION:
WE DO NOT ENDORSE, VERIFY, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR:
- THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY USER-GENERATED CONTENT
- THE SAFETY, LEGALITY, OR APPROPRIATENESS OF ANY ACTIVITIES CREATED OR JOINED THROUGH THE APP
- THE CONDUCT, BEHAVIOR, OR CHARACTER OF ANY USERS OF THE APP
- THE QUALITY, SAFETY, OR LEGALITY OF ANY THIRD-PARTY SERVICES OR LOCATIONS
- THE ACCURACY OF ANY LOCATION INFORMATION, DIRECTIONS, OR MAP DATA
- THE SAFETY OR SUITABILITY OF ANY MEETUP LOCATIONS OR ACTIVITIES
5.3 USER CONTENT RESPONSIBILITY:
YOU ACKNOWLEDGE AND AGREE THAT:
- YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU POST, SHARE, OR TRANSMIT THROUGH THE APP
- YOU REPRESENT AND WARRANT THAT ALL YOUR CONTENT COMPLIES WITH APPLICABLE LAWS AND REGULATIONS
- YOU GRANT US A NON-EXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, AND FULLY SUBLICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND DISPLAY SUCH CONTENT
- YOU WAIVE ANY MORAL RIGHTS OR SIMILAR RIGHTS IN SUCH CONTENT
- YOU UNDERSTAND THAT YOUR CONTENT MAY BE VIEWED BY OTHER USERS AND MAY BE STORED, TRANSMITTED, OR DISPLAYED IN VARIOUS FORMATS
5.4 PROHIBITED CONTENT AND CONDUCT:
YOU AGREE NOT TO POST, SHARE, OR TRANSMIT ANY CONTENT THAT:
- VIOLATES ANY APPLICABLE LAWS OR REGULATIONS
- INFRINGES UPON THE RIGHTS OF OTHERS
- IS DEFAMATORY, ABUSIVE, HARASSING, THREATENING, OR OBSCENE
- CONTAINS VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS
- PROMOTES ILLEGAL ACTIVITIES OR VIOLENCE
- INVADES THE PRIVACY OF OTHERS
- IS SPAM, UNSOLICITED ADVERTISING, OR PROMOTIONAL MATERIAL
- IMPERSONATES ANY PERSON OR ENTITY
- CONTAINS FALSE OR MISLEADING INFORMATION
- COULD CAUSE HARM TO ANY PERSON OR PROPERTY
6. TECHNICAL ISSUES, PLATFORM PROBLEMS, AND COMPLETE DISCLAIMERS
6.1 NO TECHNICAL SUPPORT GUARANTEES:
WE EXPLICITLY DISCLAIM ANY OBLIGATION TO PROVIDE TECHNICAL SUPPORT, MAINTENANCE, OR UPDATES FOR THE APP. THE APP IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES REGARDING:
- FUNCTIONALITY, PERFORMANCE, OR RELIABILITY
- COMPATIBILITY WITH ANY PARTICULAR DEVICE, OPERATING SYSTEM, OR BROWSER
- AVAILABILITY OR UPTIME
- SPEED, RESPONSIVENESS, OR USER EXPERIENCE
- SECURITY OR PROTECTION FROM VIRUSES, MALWARE, OR OTHER THREATS
- DATA INTEGRITY, BACKUP, OR RECOVERY
- INTEROPERABILITY WITH THIRD-PARTY SERVICES OR APPLICATIONS
6.2 PLATFORM-SPECIFIC ISSUES:
YOU ACKNOWLEDGE AND AGREE THAT:
- iOS VERSION: Apple Inc. and its affiliates are not responsible for any technical issues, bugs, crashes, or malfunctions of the iOS version of the App. Apple has no obligation to provide maintenance, support, or updates.
- ANDROID VERSION: Google LLC and its affiliates are not responsible for any technical issues, bugs, crashes, or malfunctions of the Android version of the App. Google has no obligation to provide maintenance, support, or updates.
- WEB VERSION: Browser developers, web hosting providers, and internet service providers are not responsible for any technical issues, bugs, crashes, or malfunctions of the web version of the App. These parties have no obligation to provide maintenance, support, or updates.
6.3 THIRD-PARTY DEPENDENCIES:
THE APP RELIES ON VARIOUS THIRD-PARTY SERVICES, TECHNOLOGIES, AND INFRASTRUCTURE. WE EXPLICITLY DISCLAIM ALL RESPONSIBILITY FOR:
- THE AVAILABILITY, RELIABILITY, OR PERFORMANCE OF ANY THIRD-PARTY SERVICES
- ANY CHANGES, MODIFICATIONS, OR DISCONTINUATION OF THIRD-PARTY SERVICES
- ANY TECHNICAL ISSUES, BUGS, OR FAILURES IN THIRD-PARTY SERVICES
- ANY SECURITY BREACHES OR DATA LOSS IN THIRD-PARTY SERVICES
- ANY COMPATIBILITY ISSUES BETWEEN THE APP AND THIRD-PARTY SERVICES
6.4 DEVICE AND NETWORK ISSUES:
YOU ACKNOWLEDGE AND AGREE THAT:
- YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR DEVICE MEETS ALL TECHNICAL REQUIREMENTS
- YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING A STABLE INTERNET CONNECTION
- WE ARE NOT RESPONSIBLE FOR ANY DEVICE COMPATIBILITY ISSUES
- WE ARE NOT RESPONSIBLE FOR ANY NETWORK CONNECTION PROBLEMS
- WE ARE NOT RESPONSIBLE FOR ANY DEVICE PERFORMANCE ISSUES
- WE ARE NOT RESPONSIBLE FOR ANY DATA USAGE OR STORAGE LIMITATIONS
8. ACTIVITIES, MEETUPS, AND COMPLETE SAFETY DISCLAIMERS
8.1 NO SAFETY GUARANTEES:
WE EXPLICITLY DISCLAIM ALL RESPONSIBILITY FOR:
- THE SAFETY, LEGALITY, OR APPROPRIATENESS OF ANY ACTIVITIES
- THE CONDUCT, BEHAVIOR, OR CHARACTER OF ANY ACTIVITY PARTICIPANTS
- THE SAFETY OR SUITABILITY OF ANY MEETUP LOCATIONS
- THE ACCURACY OF ANY ACTIVITY DESCRIPTIONS OR INFORMATION
- THE COMPLIANCE OF ACTIVITIES WITH APPLICABLE LAWS OR REGULATIONS
- THE PREVENTION OF ANY HARM, INJURY, OR DAMAGE TO PARTICIPANTS
- THE SAFETY OF ANY TRANSPORTATION TO OR FROM ACTIVITIES
- THE SECURITY OF ANY PERSONAL PROPERTY OR VALUABLES
8.2 USER SAFETY RESPONSIBILITY:
YOU ACKNOWLEDGE AND AGREE THAT:
- YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN SAFETY AND WELL-BEING
- YOU ARE SOLELY RESPONSIBLE FOR ASSESSING THE SAFETY OF ANY ACTIVITIES
- YOU ARE SOLELY RESPONSIBLE FOR PROTECTING YOUR PERSONAL PROPERTY
- YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE REGARDING ACTIVITIES
- YOU UNDERSTAND THAT MEETING STRANGERS ONLINE INVOLVES INHERENT RISKS
- YOU ACCEPT ALL RISKS ASSOCIATED WITH PARTICIPATING IN ACTIVITIES
- YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES OF YOUR PARTICIPATION
8.3 ACTIVITY HOST RESPONSIBILITY:
IF YOU CREATE OR HOST ACTIVITIES, YOU ACKNOWLEDGE AND AGREE THAT:
- YOU ARE SOLELY RESPONSIBLE FOR THE SAFETY OF ALL PARTICIPANTS
- YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS
- YOU ARE SOLELY RESPONSIBLE FOR ANY INJURIES OR DAMAGES TO PARTICIPANTS
- YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF ACTIVITY INFORMATION
- YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR ACTIVITIES
- WE HAVE NO INVOLVEMENT IN, OR RESPONSIBILITY FOR, YOUR ACTIVITIES
8.4 NO VERIFICATION OR SCREENING:
WE EXPLICITLY DISCLAIM ALL RESPONSIBILITY FOR:
- VERIFYING THE IDENTITY, BACKGROUND, OR CHARACTER OF ANY USERS
- SCREENING USERS FOR CRIMINAL RECORDS OR DANGEROUS BEHAVIOR
- MONITORING OR SUPERVISING ANY ACTIVITIES OR MEETUPS
- PREVENTING ANY INAPPROPRIATE, DANGEROUS, OR ILLEGAL BEHAVIOR
- ENSURING COMPLIANCE WITH ANY SAFETY STANDARDS OR GUIDELINES
- PROVIDING ANY SAFETY EQUIPMENT, TRAINING, OR SUPERVISION
9. THIRD-PARTY SERVICES, INTEGRATIONS, AND COMPLETE DISCLAIMERS
9.1 NO THIRD-PARTY SERVICE GUARANTEES:
WE EXPLICITLY DISCLAIM ALL RESPONSIBILITY FOR:
- THE AVAILABILITY, RELIABILITY, OR PERFORMANCE OF ANY THIRD-PARTY SERVICES
- THE QUALITY, SAFETY, OR LEGALITY OF ANY THIRD-PARTY SERVICES
- THE COMPLIANCE OF THIRD-PARTY SERVICES WITH APPLICABLE LAWS
- THE SECURITY OR PRIVACY PRACTICES OF THIRD-PARTY SERVICES
- ANY CHANGES, MODIFICATIONS, OR DISCONTINUATION OF THIRD-PARTY SERVICES
- ANY TECHNICAL ISSUES, BUGS, OR FAILURES IN THIRD-PARTY SERVICES
- ANY COMPATIBILITY ISSUES BETWEEN THE APP AND THIRD-PARTY SERVICES
9.2 THIRD-PARTY SERVICE ACKNOWLEDGMENT:
YOU ACKNOWLEDGE AND AGREE THAT:
- THE APP INTEGRATES WITH VARIOUS THIRD-PARTY SERVICES
- THESE THIRD-PARTY SERVICES HAVE THEIR OWN TERMS OF SERVICE AND PRIVACY POLICIES
- YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THIRD-PARTY TERMS
- YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES OF USING THIRD-PARTY SERVICES
- WE HAVE NO CONTROL OVER THIRD-PARTY SERVICES OR THEIR POLICIES
- WE ARE NOT RESPONSIBLE FOR ANY ISSUES ARISING FROM THIRD-PARTY SERVICES
9.3 SPECIFIC THIRD-PARTY SERVICES:
THE APP MAY INTEGRATE WITH, BUT IS NOT LIMITED TO, THE FOLLOWING THIRD-PARTY SERVICES:
- PAYMENT PROCESSORS (STRIPE, PAYPAL, ETC.)
- MAP SERVICES (GOOGLE MAPS, APPLE MAPS, ETC.)
- SOCIAL MEDIA PLATFORMS (FACEBOOK, INSTAGRAM, TWITTER, ETC.)
- CLOUD STORAGE SERVICES (AWS, GOOGLE CLOUD, ETC.)
- ANALYTICS SERVICES (GOOGLE ANALYTICS, FIREBASE, ETC.)
- PUSH NOTIFICATION SERVICES (FIREBASE CLOUD MESSAGING, ETC.)
- LOCATION SERVICES (GOOGLE LOCATION SERVICES, APPLE LOCATION SERVICES, ETC.)
9.4 NO ENDORSEMENT:
MENTION OF ANY THIRD-PARTY SERVICE DOES NOT CONSTITUTE AN ENDORSEMENT, RECOMMENDATION, OR GUARANTEE BY US. WE EXPLICITLY DISCLAIM ALL RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES.
10. ACCOUNT TERMINATION, SUSPENSION, AND COMPLETE DISCLAIMERS
10.1 COMPLETE TERMINATION RIGHTS:
WE RESERVE THE ABSOLUTE RIGHT TO:
- SUSPEND, TERMINATE, OR RESTRICT YOUR ACCESS TO THE APP AT ANY TIME
- DELETE YOUR ACCOUNT AND ALL ASSOCIATED DATA WITHOUT NOTICE
- BLOCK YOUR ACCESS FROM ANY DEVICE OR NETWORK
- REMOVE ANY CONTENT YOU HAVE POSTED OR SHARED
- CANCEL ANY ACTIVITIES YOU HAVE CREATED OR JOINED
- REFUSE TO PROVIDE ANY REFUNDS OR COMPENSATION
- TAKE ANY OTHER ACTION WE DEEM NECESSARY OR APPROPRIATE
10.2 NO NOTICE REQUIREMENT:
WE ARE UNDER NO OBLIGATION TO:
- PROVIDE ADVANCE NOTICE OF ANY ACCOUNT SUSPENSION OR TERMINATION
- EXPLAIN THE REASONS FOR ANY ACCOUNT ACTION
- PROVIDE AN OPPORTUNITY TO APPEAL ANY DECISION
- RESTORE ACCESS TO SUSPENDED OR TERMINATED ACCOUNTS
- COMPENSATE FOR ANY LOSSES RESULTING FROM ACCOUNT ACTIONS
- PROVIDE ANY REFUNDS FOR PAID SERVICES
10.3 USER TERMINATION RIGHTS:
YOU MAY TERMINATE YOUR ACCOUNT AT ANY TIME BY:
- DELETING THE APP FROM YOUR DEVICES
- CONTACTING OUR SUPPORT TEAM
- FOLLOWING ANY ACCOUNT DELETION PROCEDURES WE MAY PROVIDE
10.4 POST-TERMINATION EFFECTS:
UPON TERMINATION OF YOUR ACCOUNT:
- ALL YOUR DATA MAY BE PERMANENTLY DELETED
- ALL YOUR CONTENT MAY BE REMOVED FROM THE APP
- ALL YOUR ACTIVITIES MAY BE CANCELLED
- ALL YOUR COMMUNICATIONS MAY BE LOST
- YOU MAY LOSE ACCESS TO ANY PAID FEATURES OR SERVICES
- WE ARE UNDER NO OBLIGATION TO PROVIDE ANY DATA EXPORT OR BACKUP
10.5 SURVIVING PROVISIONS:
THE FOLLOWING PROVISIONS SHALL SURVIVE ANY TERMINATION OF YOUR ACCOUNT:
- ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY
- ALL INDEMNIFICATION OBLIGATIONS
- ALL INTELLECTUAL PROPERTY RIGHTS AND LICENSES
- ALL GOVERNING LAW AND JURISDICTION PROVISIONS
- ALL ARBITRATION AND DISPUTE RESOLUTION PROVISIONS
11. INTELLECTUAL PROPERTY RIGHTS AND LICENSES
11.1 COMPANY OWNERSHIP:
THE APP AND ALL ASSOCIATED CONTENT, FEATURES, AND FUNCTIONALITY ARE OWNED BY WAKAO TECHNOLOGIES INC. AND ARE PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, AND OTHER INTELLECTUAL PROPERTY LAWS.
11.2 LIMITED LICENSE:
WE GRANT YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO USE THE APP SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE IN ACCORDANCE WITH THESE TERMS.
11.3 LICENSE RESTRICTIONS:
YOU MAY NOT:
- COPY, MODIFY, OR DISTRIBUTE THE APP OR ANY PORTION THEREOF
- REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE THE APP
- CREATE DERIVATIVE WORKS BASED ON THE APP
- REMOVE OR ALTER ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICES
- USE THE APP FOR ANY COMMERCIAL OR BUSINESS PURPOSE
- SUBLICENSE, ASSIGN, OR TRANSFER YOUR LICENSE TO ANY THIRD PARTY
- USE THE APP IN ANY MANNER THAT VIOLATES THESE TERMS OR APPLICABLE LAWS
11.4 USER CONTENT LICENSE:
BY POSTING, SHARING, OR TRANSMITTING CONTENT THROUGH THE APP, YOU GRANT US A NON-EXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, AND FULLY SUBLICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND DISPLAY SUCH CONTENT.
11.5 INTELLECTUAL PROPERTY INFRINGEMENT:
IF YOU BELIEVE THAT ANY CONTENT ON THE APP INFRINGES YOUR INTELLECTUAL PROPERTY RIGHTS, YOU MUST CONTACT US IMMEDIATELY. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT THAT WE BELIEVE MAY INFRINGE UPON THE RIGHTS OF OTHERS.
12. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION
12.1 GOVERNING LAW:
THESE TERMS 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.
12.2 JURISDICTION:
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 THESE TERMS OR YOUR USE OF THE APP.
12.3 DISPUTE RESOLUTION:
ANY DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
12.4 ARBITRATION TERMS:
- ARBITRATION SHALL BE CONDUCTED IN DELAWARE, UNITED STATES
- ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR
- ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE
- THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING
- NO CLASS ACTION LAWSUITS OR CLASS ARBITRATIONS ARE PERMITTED
- YOU WAIVE ANY RIGHT TO A JURY TRIAL
12.5 SMALL CLAIMS COURT:
NOTWITHSTANDING THE ABOVE, EITHER PARTY MAY BRING CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM IS WITHIN THE JURISDICTION OF SUCH COURT.
12.6 EQUITABLE RELIEF:
NOTHING IN THESE TERMS SHALL PREVENT EITHER PARTY FROM SEEKING EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT IRREPARABLE HARM.
13. MISCELLANEOUS PROVISIONS AND COMPLETE DISCLAIMERS
13.1 ENTIRE AGREEMENT:
THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE APP AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, REPRESENTATIONS, WARRANTIES, OR UNDERSTANDINGS.
13.2 SEVERABILITY:
IF ANY PROVISION OF THESE TERMS 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.
13.3 NO WAIVER:
NO FAILURE OR DELAY BY US IN EXERCISING ANY RIGHT, POWER, OR REMEDY UNDER THESE TERMS SHALL CONSTITUTE A WAIVER OF SUCH RIGHT, POWER, OR REMEDY.
13.4 ASSIGNMENT:
YOU MAY NOT ASSIGN, TRANSFER, OR DELEGATE ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER THESE TERMS WITHOUT OUR PRIOR WRITTEN CONSENT. WE MAY ASSIGN, TRANSFER, OR DELEGATE ANY OF OUR RIGHTS OR OBLIGATIONS UNDER THESE TERMS WITHOUT RESTRICTION.
13.5 FORCE MAJEURE:
WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, TERRORISM, RIOTS, FIRE, NATURAL DISASTERS, GOVERNMENT ACTIONS, LABOR DISPUTES, OR TECHNICAL FAILURES.
13.6 NOTICES:
ALL NOTICES REQUIRED OR PERMITTED UNDER THESE TERMS SHALL BE IN WRITING AND SHALL BE DEEMED TO HAVE BEEN GIVEN WHEN DELIVERED PERSONALLY, SENT BY CERTIFIED OR REGISTERED MAIL, OR SENT BY ELECTRONIC MAIL TO THE ADDRESSES PROVIDED BY EACH PARTY.
13.7 SURVIVAL:
THE FOLLOWING PROVISIONS SHALL SURVIVE ANY TERMINATION OF THESE TERMS:
- ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY
- ALL INDEMNIFICATION OBLIGATIONS
- ALL INTELLECTUAL PROPERTY RIGHTS AND LICENSES
- ALL GOVERNING LAW AND JURISDICTION PROVISIONS
- ALL ARBITRATION AND DISPUTE RESOLUTION PROVISIONS
- ALL MISCELLANEOUS PROVISIONS
13.8 HEADINGS:
THE HEADINGS USED IN THESE TERMS ARE FOR CONVENIENCE ONLY AND SHALL NOT AFFECT THE INTERPRETATION OF THESE TERMS.
13.9 NO THIRD-PARTY BENEFICIARIES:
THESE TERMS ARE FOR THE SOLE BENEFIT OF YOU AND US AND SHALL NOT BE CONSTRUED TO CONFER ANY RIGHTS OR REMEDIES UPON ANY THIRD PARTY.
13.10 COMPLETE DISCLAIMER OF WARRANTIES:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
14. CONTACT INFORMATION AND SUPPORT
14.1 PRIMARY CONTACT INFORMATION:
IF YOU HAVE ANY QUESTIONS, CONCERNS, OR DISPUTES REGARDING THESE TERMS OF SERVICE, PLEASE CONTACT US AT:
Wakao Technologies Inc.
- Email: support@wakaoapp.com
- Phone: (888) 323-3243
- Website: wakaoapp.com
- Office Address: 123 Market Street, Delaware, United States
Social Media Support:
- Instagram: @officialwakao
- X (Twitter): @teamwakao
- TikTok: @officialwakao
- YouTube: @officialwakao
14.2 IMPORTANT NOTICE:
CONTACTING US DOES NOT CONSTITUTE A WAIVER OF ANY OF THE DISCLAIMERS, LIMITATIONS, OR PROVISIONS CONTAINED IN THESE TERMS. ALL COMMUNICATIONS ARE SUBJECT TO THESE TERMS IN THEIR ENTIRETY.
14.3 NO LEGAL ADVICE:
WE DO NOT PROVIDE LEGAL ADVICE. IF YOU HAVE LEGAL QUESTIONS REGARDING THESE TERMS, PLEASE CONSULT WITH A QUALIFIED ATTORNEY IN YOUR JURISDICTION.
14.4 ACCEPTANCE ACKNOWLEDGMENT:
BY USING THE WAKAO APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS COMPREHENSIVE TERMS OF SERVICE AGREEMENT.
IMPORTANT LEGAL NOTICE
By continuing to use the Wakao app, you acknowledge that you have read, understood, and agreed to be bound by ALL of the terms and conditions set forth in this comprehensive Terms of Service agreement. This includes all disclaimers, limitations of liability, and indemnification obligations.