Legal
Terms and Conditions
Last updated May 8, 2024
These Legal Terms constitute a legally binding agreement between you and Wandrly, Inc., doing business as Wandrly (“Company,” “we,” “us,” or “our”), concerning your access to and use of wandrly.app and related products and services (collectively, the “Services”).
By accessing the Services, you confirm that you have read, understood, and agreed to these Legal Terms. If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
Users who are minors in the jurisdiction where they reside must have the permission and direct supervision of a parent or guardian. If you are a minor, your parent or guardian must read and agree to these Legal Terms before you use the Services.
1. Our Services
Information provided through the Services is not intended for distribution to or use by any person or entity where doing so would violate law or subject us to a registration requirement. People accessing the Services from other locations do so on their own initiative and are responsible for compliance with local laws. The Services are not tailored to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA.
2. Intellectual Property Rights
We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos. The Services and their content are provided for your personal, non-commercial use only. Except as expressly permitted, no part of the Services may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited without our prior written permission.
3. User Representations
By using the Services, you represent and warrant that registration information you submit is true, accurate, current, and complete; you will maintain its accuracy; you have legal capacity and agree to comply with these Legal Terms; you are not a minor in your jurisdiction or have parental permission; you will not access the Services through automated or non-human means; you will not use the Services for illegal or unauthorized purposes; and your use will not violate applicable law.
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We may remove, reclaim, or change a username if we determine that it is inappropriate, obscene, or otherwise objectionable.
5. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make them available. You may not systematically retrieve data, trick or defraud users, circumvent security features, disparage or harm us, harass others, misuse support services, violate laws, upload malicious code, use automated systems to access the Services, impersonate another user, interfere with the Services, reverse engineer software, or use the Services to compete with us or for unauthorized commercial purposes.
6. User Generated Contributions
The Services may allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (“Contributions”). Contributions may be viewable by other users and third-party websites. You represent that your Contributions do not infringe third-party rights, are not false or misleading, are not unsolicited advertising, are not obscene, harassing, defamatory, or unlawful, and otherwise comply with these Legal Terms.
7. Contribution License
By posting Contributions, you grant us a broad, worldwide, unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to host, use, copy, reproduce, disclose, sell, publish, broadcast, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute those Contributions for any purpose and through any media. You retain ownership of your Contributions, and you are responsible for them.
8. Third-Party Websites and Content
The Services may contain links to third-party websites and content. We do not investigate, monitor, or check third-party websites or content for accuracy, appropriateness, or completeness and are not responsible for them. Access and purchases made through third parties are at your own risk and are governed by the third party’s terms and policies.
9. Services Management
We reserve the right, but not the obligation, to monitor the Services for violations, take legal action, restrict access, remove excessive or burdensome content, and otherwise manage the Services to protect our rights and property and facilitate proper functioning.
10. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by it.
11. Term and Termination
These Legal Terms remain in effect while you use the Services. We may deny access, terminate accounts, or delete content at any time and without notice for any reason, including breach of these Legal Terms or applicable law. If your account is terminated, you may not register a new account under your name, a false name, or a third party’s name.
12. Modifications and Interruptions
We may change, modify, or remove Service content at any time without notice and have no obligation to update information. We cannot guarantee the Services will always be available. We may experience technical problems or perform maintenance that causes interruptions, delays, or errors. We are not liable for loss or inconvenience caused by an inability to access or use the Services.
13. Governing Law
These Legal Terms and your use of the Services are governed by the laws of the State of South Dakota, without regard to conflict-of-law principles.
14. Dispute Resolution
To expedite resolution and control costs, the parties agree to attempt to negotiate disputes informally before initiating arbitration. Unresolved disputes will be finally and exclusively resolved by binding arbitration, subject to the exceptions and restrictions described in these Legal Terms. Class-action arbitration and representative claims are not permitted.
15. Corrections
Information on the Services may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct errors and update information at any time without prior notice.
16. Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR LINKED CONTENT AND ASSUME NO LIABILITY FOR ERRORS, PERSONAL INJURY, UNAUTHORIZED ACCESS, INTERRUPTIONS, MALICIOUS CODE, OR LOSS RESULTING FROM CONTENT MADE AVAILABLE THROUGH THE SERVICES.
17. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM USE OF THE SERVICES. OUR TOTAL LIABILITY WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO US DURING THE SIX MONTHS BEFORE THE CAUSE OF ACTION.
18. Indemnification
You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents, partners, and employees harmless from loss, damage, liability, claim, demand, and reasonable legal fees arising from your use of the Services, breach of these Legal Terms, breach of your representations, violation of third-party rights, or harmful acts toward another user.
19. User Data
We maintain certain data you transmit for the purpose of managing Service performance, as well as data relating to your use. Although we perform routine backups, you are solely responsible for data you transmit or that relates to your activity. We have no liability for loss or corruption of such data.
20. Electronic Communications, Transactions, and Signatures
Using the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive communications electronically and agree they satisfy legal writing requirements. You agree to electronic signatures, contracts, orders, records, notices, policies, and transaction records.
21. California Users and Residents
If a complaint is not satisfactorily resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
22. Miscellaneous
These Legal Terms and policies posted through the Services constitute the entire agreement between you and us. Failure to enforce a provision is not a waiver. We may assign our rights and obligations. We are not responsible for events beyond our reasonable control. Unlawful or unenforceable provisions are severable and do not affect remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms.
23. Contact Us
To resolve a complaint or receive more information regarding the Services, contact Wandrly, Inc. at 41 W Highway 14, 1090, Spearfish, SD 57783, United States, or email hello@wandrly.app.