Terms and Conditions
This agreement (the "Agreement") is a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and Wanderfy, Inc. ("Wanderfy"). This Agreement governs your use of Wanderfy's Products, Software or Services, including any updates and accompanying written documentation provided to you (the "Products, Software or Services").
Accounts, Passwords and Security
You must be a registered user to access the Products, Software or Services using your email addresses and associated passwords. Your email address password does not need to be provided to Wanderfy when you register using an email service that provides an OAUTH authentication service that is supported by Wanderfy, such as Gmail. You are responsible for keeping your passwords associated with your email address and user access secure. You will be solely responsible and liable for any activity that occurs associated with your user. If you lose a password associated with your user, you can reset it with your email service provider.
Acceptable Use and Conduct
You are solely responsible for your conduct and your data related to the Products, Software or Services. You agree to indemnify, defend, and hold harmless Wanderfy and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Products, Software or Services, or your violation of these terms.
The Products, Software or Services are made available to you only for your personal or internal business use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Products, Software or Services, including but not limited to selling or distributing the Products, Software or Services to any third party.
Any unauthorized use of any Wanderfy computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
Consent to collect Non-personal Information, Use of Data
The Products, Software or Services may collect certain non-personally identifiable information that resides on your device, including, without limitation, statistics relating to how often it is used, performance metrics relating to the Products, Software or Services, and configuration settings. This information collected will be sent to Wanderfy and may be used by Wanderfy without restriction.
Changes to the Products, Services or Terms and Conditions
Wanderfy reserves the right at any time to modify, suspend, or discontinue providing the Products, Software or Services or any part thereof in its sole discretion with or without notice.
Wanderfy reserves the right at any time to modify this Agreement and our other policies and agreements in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon use of the Wanderfy Products, Software or Services and effective for all existing users immediately after posting of any amended terms on the Wanderfy.me website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately.
Please review the most current version of this Agreement from time to time, located at (or such successor URL as Wanderfy may provide), so that you will be apprised of any changes. We will also try to provide notifications of any substantive changes to this policy to users in the Wanderfy app experience. Your continued use of Wanderfy will signify your acceptance and consent to all current policies and agreements.
Use of Products or Services
Subject to the terms and conditions of this Agreement, Wanderfy grants you a non-exclusive, non-transferable, non-sublicensable limited and revocable license to use the Products, Software or Services for which you have paid the applicable fees and taxes, and to use the Wanderfy Products, Software or Services for the sole and exclusive purposes of your personal or internal business purposes. Certain third party code may be provided with the Products, Software or Services. The third-party license terms accompanying such code, and not the terms of this Section, will govern your use of such code. Wanderfy reserves all other rights to its Products, Software or Services.
The Products, Software or Services and their structure, organization, source code, and documentation contain valuable trade secrets of Wanderfy and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute any aspect of the Products, Software or Services or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Products, Software or Services, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products, Software or Services, (4) extract portions of the software's files for use in other applications, or (5) remove, obscure, or alter Wanderfy's or any third party's trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Products, Software or Services.
Renewals and Refunds
You agree that Wanderfy shall have the right to automatically and without notice renew your license to continue to use the Products, Software or Services upon expiration of your license period, and that as part of such renewal Wanderfy shall have the right to charge the applicable renewal fees and any applicable taxes to any credit card payment method on file with your account.
You agree that if you elect to not permit Wanderfy the right to automatically renew your license to use the Products, Software or Services or maintain your credit card information on file, then Wanderfy may terminate your license.
You agree that you have seven (7) calendar days from the date that your license was renewed to elect to discontinue your use the Products, Software or Services. If you elect to discontinue your use of the Products, Software or Services within this period, you will be issued a full refund for the amount of your current license renewal. You are responsible for ensuring that Wanderfy has current and accurate records necessary, to renew your license, including without limitation, your credit card payment data.
At no time, will a refund be issued for a Service period of less than one calendar month. Wanderfy does not offer any refunds for purchases of the Products, Software or Services, except as expressly provided in this Agreement.
You acknowledge that Wanderfy or third parties own all right, title and interest in and to the computer source code related to the Products, Software or Services, portions thereof, or software or content provided through or in conjunction with the Products, Software or Services, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Products, Software or Services are reserved, and no implied licenses are granted by Wanderfy.
If you have comments on the Products, Software or Services or ideas on how to improve them, please contact us via any method published on our Wanderfy.me website. Please note that by doing so, you also grant Wanderfy a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Products, Software or Services (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.
Term and Termination
This Agreement is effective upon any use including during a Trial Period of Wanderfy's Products, Software or Services and remains in effect until your account is terminated.
This Agreement automatically terminates if you fail to comply with its terms and conditions. Wanderfy reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, you will discontinue all use of the Products, Software or Services and that your access rights will immediately terminate.
The terms of the Sections entitled Consent to Collect Non-Personal Information; Intellectual Property; Disclaimer of Warranties; Limitation of Liability; Governing Law, Dispute Resolution, and Venue; and Entire Agreement and Assignment will survive expiration or termination.
If this Agreement terminates, other than for your failure to comply, Wanderfy will use commercially reasonable efforts to make your Data available for you by request only for a period of thirty (30) days. Wanderfy has no obligation to provide you with a copy of your Data and may remove and discard any Data.
Disclaimer of Warranties
THE PRODUCTS, SOFTWARE OR SERVICES AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WANDERFY AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS, SOFTWARE AND SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCTS, SOFTWARE OR SERVICES, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCTS, SOFTWARE OR SERVICES, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE PRODUCTS, SOFTWARE OR SERVICES AND SUCH THIRD PARTY SOFTWARE AND SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WANDERFY, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PRODUCTS, SOFTWARE OR SERVICES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WANDERFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF WANDERFY, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO WANDERFY FOR THE PRODUCTS, SOFTWARE OR SERVICES. IF THE PRODUCTS, SOFTWARE OR SERVICES ARE PROVIDED WITHOUT CHARGE, THEN WANDERFY AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS, SOFTWARE OR SERVICES, FROM INABILITY TO USE THE PRODUCTS, SOFTWARE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS, SOFTWARE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE PRODUCTS, SOFTWARE OR SERVICES ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS, SOFTWARE OR SERVICES.
This agreement will be governed by and construed in accordance with the laws of the State of Ontario, Canada without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.