Last updated: 08/04/2022
1. Introduction Welcome to WAMessager Inc (“Company”, “we”, “our”, “us”)! As you have
just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the
following pages. It will take you approximately
20 minutes. These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web
pages located at https://wamessager.com operated by WAMessager Inc Our Privacy Policy also
governs your use of our Service and explains
how we collect, safeguard and disclose information that results from your use of our web pages.
Please read it here [●]. Your agreement with us includes these Terms and our Privacy
Policy (“Agreements”). You acknowledge that you
have read and understood Agreements, and agree to be bound of them. If you do not agree with (or
cannot comply with) Agreements, then you may not use the Service, but please let us know by
emailing at [●] so we can try to find
a solution. These Terms apply to all visitors, users and others who wish to access or use
Service. Thank you for being responsible.
2. Communications By creating an Account on our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may send. However, you
may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or by emailing at.
3. Purchases If you wish to purchase any product or service made available through
Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase
including, without limitation, your credit
card number, the expiration date of your credit card, your billing address, and your shipping
information. You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection
with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the
completion of Purchases. By submitting
your information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at
any time for reasons including but not limited to:
product or service availability, errors in the description or price of the product or service,
error in your order or other reasons. We reserve the right to refuse or cancel your order if
fraud or an unauthorized or illegal transaction
is suspected.
4. Contests, Sweepstakes and Promotions Any contests, sweepstakes or other promotions
(collectively, “Promotions”) made available through Service may be governed by rules that are
separate from these Terms of Service. If
you participate in any Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will
apply.
5. Subscriptions Some parts of Service are billed on a subscription basis
(“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing
Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact
same conditions unless you cancel it or WAMessager Inc cancels it. You may cancel your
Subscription renewal either through your online
account management page or by contacting WAMessager Inc customer support team. A valid payment
method, including credit card, is required to process the payment for your subscription. You
shall provide WAMessager Inc with accurate
and complete billing information including full name, address, state, zip code, telephone
number, and a valid payment method information. By submitting such payment information, you
automatically authorize WAMessager Inc to charge
all Subscription fees incurred through your account to any such payment instruments. Should
automatic billing fail to occur for any reason, WAMessager Inc will issue an electronic invoice
indicating that you must proceed manually,
within a certain deadline date, with the full payment corresponding to the billing period as
indicated on the invoice.
6. Free Trial WAMessager Inc may, at its sole discretion, offer a Subscription with a
free trial for a limited period of time (“Free Trial”). You may be required to enter your
billing information in order to sign up for
Free Trial. If you do enter your billing information when signing up for Free Trial, you will
not be charged by WAMessager Inc until Free Trial has expired. On the last day of Free Trial
period, unless you cancelled your Subscription,
you will be automatically charged the applicable Subscription fees for the type of Subscription
you have selected. At any time and without notice, WAMessager Inc reserves the right to (i)
modify Terms of Service of Free Trial offer,
or (ii) cancel such Free Trial offer.
7. Fee Changes WAMessager Inc, in its sole discretion and at any time, may modify
Subscription fees for the Subscriptions. Any Subscription fee change will become effective at
the end of the then- current Billing Cycle.
3 WAMessager Inc will provide you with a reasonable prior notice of any change in Subscription
fees to give you an opportunity to terminate your Subscription before such change becomes
effective. Your continued use of Service after
Subscription fee change comes into effect constitutes your agreement to pay the modified
Subscription fee amount.
8. Refunds Except when required by law, paid Subscription fees are non-refundable.
9. Content Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material (“Content”). You are
responsible for Content that you post on or
through Service, including its legality, reliability, and appropriateness. By posting Content on
or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you
have the right to use it and the
right to grant us the rights and license as provided in these Terms, and (ii) that the posting
of your Content on or through Service does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other
rights of any person or entity. We reserve the right to terminate the account of anyone found to
be infringing on a copyright. You retain any and all of your rights to any Content you submit,
post or display on or through Service
and you are responsible for protecting those rights. We take no responsibility and assume no
liability for Content you or any third party posts on or through Service. However, by posting
Content using Service you grant us the right
and license to use, modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through Service. You agree that this license includes the right for us to make
your Content available to other users
of Service, who may also use your Content subject to these Terms. WAMessager Inc has the right
but not the obligation to monitor and edit all Content provided by users. In addition, Content
found on or through this Service are
the property of WAMessager Inc or used with permission. You may not distribute, modify,
transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for
commercial purposes or for personal gain, without
express advance written permission from us.
10. Prohibited Uses You may use Service only for lawful purposes and in accordance with
Terms. You agree not to use Service: (a) In any way that violates any applicable national or
international law or regulation. (b) For
the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content or otherwise. (c) To transmit, or procure the sending of,
any advertising or promotional material,
including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. 4 (d) To
impersonate or attempt to impersonate Company, a Company employee, another user, or any other
person or entity. (e) In any way that
infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or
harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or
activity. (f) To engage in any other conduct that
restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may
harm or offend Company or users of Service or expose them to liability. Additionally, you agree
not to: (a) Use Service in any manner
that could disable, overburden, damage, or impair Service or interfere with any other party’s
use of Service, including their ability to engage in real time activities through Service. (b)
Use any robot, spider, or other automatic
device, process, or means to access Service for any purpose, including monitoring or copying any
of the material on Service. (c) Use any manual process to monitor or copy any of the material on
Service or for any other unauthorized
purpose without our prior written consent. (d) Use any device, software, or routine that
interferes with the proper working of Service. (e) Introduce any viruses, trojan horses, worms,
logic bombs, or other material which is malicious
or technologically harmful. (f) Attempt to gain unauthorized access to, interfere with, damage,
or disrupt any parts of Service, the server on which Service is stored, or any server, computer,
or database connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack. (h)
Take any action that may damage or falsify Company rating. (i) Otherwise attempt to interfere
with the proper working of Service.
11. Analytics We may use third-party Service Providers to monitor and analyze the use of
our Service. Google Analytics Google Analytics is a web analytics service offered by Google that
tracks and reports website traffic.
Google uses the data collected to track and monitor the use of our Service. This data is shared
with other Google services. Google may use the collected data to contextualise and personalise
the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms
web page: https://policies.google.com/privacy?hl=en 5 We also encourage you to review the
Google's policy for safeguarding your
data: https://support.google.com/analytics/answer/6004245. Firebase Firebase is analytics
service provided by Google Inc. You may opt-out of certain Firebase features through your mobile
device settings, such as your device advertising
settings or by following the instructions provided by Google in their Privacy Policy:
https://policies.google.com/privacy?hl=en For more information on what type of information
Firebase collects, please visit the Google Privacy
Terms web page: https://policies.google.com/privacy?hl=en Fathom Analytics Fathom Analytics is
analytics service provided by Conva Ventures Inc. You can find their Privacy Policy here:
https://usefathom.com/privacy/ Piwik / Matomo
Piwik or Matomo is a web analytics service. You can visit their Privacy Policy page here:
https://matomo.org/privacy-policy Clicky Clicky is a web analytics service. Read the Privacy
Policy for Clicky here: https://clicky.com/terms
Cloudflare analytics Cloudflare analytics is a web analytics service operated by Cloudflare Inc.
Read the Privacy Policy here: https://www.cloudflare.com/privacypolicy/ Statcounter Statcounter
is a web traffic analysis tool. You
can read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/ Flurry
Analytics Flurry Analytics service is provided by Yahoo! Inc. You can opt-out from Flurry
Analytics service to prevent Flurry Analytics
from using and sharing your information by visiting the Flurry's Opt-out page:
https://dev.flurry.com/secure/optOut.do For more information on the privacy practices and
policies of Yahoo!, please visit their Privacy Policy
page: https://policies.yahoo.com/us/en/yahoo/privacy/policy/index.htm Mixpanel Mixpanel is
provided by Mixpanel Inc. You can prevent Mixpanel from using your information for analytics
purposes by opting-out. To opt-out of Mixpanel
service, please visit this page: https://mixpanel.com/optout/ For more information on what type
of information Mixpanel collects, please visit the Terms of Use page of Mixpanel:
https://mixpanel.com/terms/ 6 Unity Analytics Unity
Analytics is provided by Unity Technologies. For more information on what type of information
Unity Analytics collects, please visit their Privacy Policy page:
hhttps://unity3d.com/legal/privacy-policy Yodo1 Yodo1 is a service
provided by Yodo1, Ltd. For more information on what type of information Yodo1 collects, please
visit their Privacy Policy page: https://www.yodo1.com/privacy Weblate For more information on
what type of information Weblate collects,
please visit their Privacy Policy page: https://weblate.org/en/terms/
12. No Use By Minors Service is intended only for access and use by individuals at least
eighteen (18) years old. By accessing or using any of Company, you warrant and represent that
you are at least eighteen (18) years
of age and with the full authority, right, and capacity to enter into this agreement and abide
by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old,
you are prohibited from both the access
and usage of Service.
13. Accounts When you create an account with us, you guarantee that you are above the
age of 18, and that the information you provide us is accurate, complete, and current at all
times. Inaccurate, incomplete, or obsolete
information may result in the immediate termination of your account on Service. You are
responsible for maintaining the confidentiality of your account and password, including but not
limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all activities or
actions that occur under your account and/or password, whether your password is with our Service
or a third-party service. You must notify
us immediately upon becoming aware of any breach of security or unauthorized use of your
account. You may not use as a username the name of another person or entity or that is not
lawfully available for use, a name or trademark
that is subject to any rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive, vulgar or obscene. We
reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole discretion.
14. Intellectual Property Service and its original content (excluding Content provided
by users), features and functionality are and will remain the exclusive property of WAMessager
Inc and its licensors. Service is protected
by copyright, trademark, and other laws of the United States. Our 7 trademarks and trade dress
may not be used in connection with any product or service without the prior written consent
of WAMessager Inc.
15. Copyright Policy We respect the intellectual property rights of others. It is our
policy to respond to any claim that Content posted on Service infringes on the copyright or
other intellectual property rights (“Infringement”)
of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you
believe that the copyrighted work has been copied in a way that constitutes copyright
infringement, please submit your claim via email
to [●], with the subject line: “Copyright Infringement” and include in your claim a detailed
description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for
Copyright Infringement Claims” You may
be held accountable for damages (including costs and attorneys' fees) for misrepresentation
or bad-faith claims on the infringement of any Content found on and/or through Service on your
copyright.
16. DMCA Notice and Procedure for Copyright Infringement Claims You may submit a
notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright
Agent with the following information in writing
(see 17 U.S.C 512(c)(3) for further detail): (a) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright's interest; (b) a
description of the copyrighted work that you claim
has been infringed, including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work; (c) identification of the URL or
other specific location on Service where the material
that you claim is infringing is located; (d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent,
or the law; (f) a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf. You can contact
our Copyright Agent via email at [●]
17. Error Reporting and Feedback You may provide us either directly at [●] or via third
party sites and tools with information and feedback concerning errors, suggestions for
improvements, ideas, problems, complaints, and
other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall
not retain, acquire or assert any intellectual property right or other right, title or interest
in or to the Feedback; (ii) Company
may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential
information or 8 proprietary information from you or any third party; and (iv) Company is not
under any obligation of confidentiality
with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not
possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge,
sub- licensable, unlimited and perpetual right to use (including copy, modify, create derivative
works, publish, distribute and commercialize) Feedback in any manner and for any purpose. The
third party sites and tools mentioned
above include the following: Bugsnag Bugsnag is a platform for monitoring and logging stability
of applications provided by Bugsnag Inc. Please read their Privacy Policy here:
https://docs.bugsnag.com/legal/privacy- policy/
18. Links To Other Web Sites Our Service may contain links to third party web sites or
services that are not owned or controlled by WAMessager Inc WAMessager Inc has no control over,
and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or services. We do not
warrant the offerings of any of these entities/individuals or their websites. YOU ACKNOWLEDGE
AND AGREE THAT WAMESSAGER INC SHALL NOT BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE
CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES
AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY
WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES
OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
19. Disclaimer Of Warranty THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS
AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THEIR SERVICES,
OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF
THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED
WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING,
NEITHER COMPANY NOR ANYONE ASSOCIATED
WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT
DEFECTS WILL BE CORRECTED, THAT THE SERVICES
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS. 9 COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE. THE FOREGOING DOES
NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation Of Liability EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT
ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF
ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS
LIABILITY FOUND ON THE PART OF COMPANY,
IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO
CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
21. Termination We may terminate or suspend your account and bar access to Service
immediately, without prior notice or liability, under our sole discretion, for any reason
whatsoever and without limitation, including but
not limited to a breach of Terms. If you wish to terminate your account, you may simply
discontinue using Service. All provisions of Terms which by their nature should survive
termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
22. Governing Law These Terms shall be governed and construed in accordance with the
laws of State of California without regard to its conflict of law provisions. Our failure to
enforce any right or provision of these Terms
will not be considered a waiver of those rights. 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 Service and supersede and replace any prior agreements we
might have had between us regarding Service.
23. Changes To Service 10 We reserve the right to withdraw or amend our Service, and any
service or material we provide via Service, in our sole discretion without notice. We will not
be liable if for any reason all or
any part of Service is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of Service, or the entire Service, to users, including registered
users.
24. Amendments To Terms We may amend Terms at any time by posting the amended terms on
this site. It is your responsibility to review these Terms periodically. Your continued use of
the Platform following the posting of
revised Terms means that you accept and agree to the changes. You are expected to check this
page frequently so you are aware of any changes, as they are binding on you. By continuing to
access or use our Service after any revisions
become effective, you agree to be bound by the revised terms. If you do not agree to the new
terms, you are no longer authorized to use Service.
25. Waiver And Severability No waiver by Company of any term or condition set forth in
Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of
any other term or condition, and any failure
of Company to assert a right or provision under Terms shall not constitute a waiver of such
right or provision. If any provision of Terms is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to the minimum
extent such that the remaining provisions of Terms will continue in full force and effect.
26. Acknowledgement BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us Please send your feedback, comments, requests for technical support: By
email: [●].