Thank you for using willu. willu is owned and operated by
Inc. To contact us please go to
"How To Contact Us."
willu is a messaging service that enables you to have a conversation ("Conversation") identified by and routed through a unique hashtag ("Hashtag"). Our "Customer" or the "Hashtag Owner" purchases the right use one or more Hashtags to communicate with "Followers" via our mobile App or SMS short code, "WILLU" or 94558("Number"). A Follower selects one or more Conversations through our App or the Follower's SMS service. Each Conversation is linked through the Hashtag. The Customer and Follower don't know and can't see each other's cell phone numbers and willu will not disclose those numbers to either party.
You indicate your agreement to these Terms by clicking on a button indicating your acceptance of these Terms; applying for a Hashtag; responding to a text message asking you to opt-in to Conversation by sending us a verification code; or using our Services. If you will be using our Services on behalf of an organization, the terms "you" and "your" will refer to that organization. Please be aware that willu's App and SMS services are only supported within the USA.
These Terms apply to all users of our Services. If you do not agree to any of these Terms, you may not use our Services.
If you are receiving text messages through our Services: The messages are periodic and recurring. Text STOP to the Hashtag to stop receiving messages; Text HELP to the Hashtag or email email@example.com for help; Message & Data Rates may apply.
A minor under the age of 13 or not able to form a binding contract. If you are under 13 years old or do not have the power to form a contract with willu, you may not use our Services. Services
Barred by law. You may not use our Services if you are prohibited by any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving our Services, or are on the U.S. Department of Commerce's Denied Persons List or Entity List, or the U.S. Treasury Department's list of Specially Designated Nationals, you may not use our Services.
A competitor. You may not use our Services, without our prior written consent, if you are affiliated with a competitor of willu, as determined by willu, in our sole discretion.
A robot or using a program. All access to and use of our Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of our Services is strictly prohibited. Notwithstanding the foregoing, and solely with respect to a single sign on exception, willu grants the operators of public search engines permission to use spiders to index materials from the site for the sole purpose of creating publicly available searchable indices of the materials. willu reserves the right to revoke these exceptions either generally or in specific cases. You may not collect or harvest any personally identifiable information, including User Profile names, from our Services.
Not located in the United States. You may not use our Services if you are not located in the United States.
Messaging and Data Rates May Apply. As the Hashtag owner, you will incur fees for and are responsible for all outgoing and incoming messages to the hashtag via SMS. In app messages are free of charge. Whether you are a Follower or Hashtag Owner, your wireless service provider's messaging and data rates apply to your SMS text messages. All text message charges are billed by and payable to your wireless service provider according to the provider's terms of service. Before sending a text message or opting-in to our Services by choosing to follow a Hashtag, please check with your wireless service provider to determine how and when you will be charged. Once you choose to follow a Hashtag you will receive periodic, recurring messages from the Hashtag Owner. You are responsible for paying all such fees, and for any other hardware, service or other costs charged by your wireless service provider plus any applicable taxes.
Hashtag Owner Product Rates & Fees. We charge ninety nine cent (99¢) per day for each Hashtag ("Hashtag Fee") and $.01 cents for all incoming and outcoming SMS messages to the Hashtag Owner. This is in addition to any message and data rates that apply per your wireless service provider charges.
Hashtag Owner Payment. All payments are made by credit card and processed by our third-party payment processor. We bill Hashtag Owners per Hashtag, once a week, post usage, beginning seven (7) days after you "publish" your Hashtag ("Billing Dates"). You authorize us to charge your credit card on the Billing Dates, without any advance notice, through the "Termination Date" or until you "Archive" (as hereinafter defined) your Hashtag. If your payment is declined or otherwise fails to process for any reason, our Services will be suspended and your Hashtag will be locked for a period of thirty (30) days. If you fail to update your payment information or provide another valid form of payment within thirty (30) days, you will be deemed to forfeit and terminate your right and license to use our Services and your Hashtag(s), and all messages and Follower activities will be deleted. Upon termination, we reserve the right to re-issue your Hashtag to another user without notice to you. In addition, during the locked period pending termination, all Followers and potential Followers will be able to interact with your Hashtag via SMS and the App, and you will be billed through the Termination Date for all incoming and outgoing SMS messages.
Archiving and Deactivation. If you are a Hashtag Owner, you may archive your Hashtag to stop the billing cycle by selecting the "Archive" option in the App. Your Hashtag will be automatically deactivated seven (7) days after the date you Archive it ("Deactivation Date"). You may reactivate and un-archive your Hashtag at any time prior to the Deactivation Date.
Billing Upon Termination or Deactivation. We will stop charging you the Hashtag Fee(s) on the date you Archive your Hashtag and prorate the Hashtag Fee(s) for the last week of Service. However, you will be billed through the Deactivate Date for all outgoing and incoming SMS messages to the Hashtag. If you are a Follower and you no longer wish to receive text messages from us, text "STOP" to the Hashtag or deactivate the follow heart in the App.
Refunds. Your payments to us are not refundable.
Taxes. Unless otherwise stated, you are responsible for any sales or use taxes or duties associated with the sale of our Services (collectively, "Taxes"). You will pay willu for our Services without any reduction for Taxes. If willu is obliged to collect or pay Taxes, any such Taxes will be payable by you, unless you provide willu with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to willu, you must provide willu with an official tax receipt or other appropriate documentation to support such payments. You may email your certificate of tax-exempt status, or other tax information to us at firstname.lastname@example.org.
Authority, Copyright and Trademark. You are solely responsible for your Content and the consequences of uploading, submitting and publishing your Content with respect to our Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your Content and that you are not infringing upon another person or entity's proprietary rights. willu does not permit copyright infringing activities and infringement of intellectual property rights on our Services, and willu will remove all Content if properly notified that such Content infringes on another's intellectual property rights. To notify us of a copyright violation, please see here. To notify us of a trademark violation, please email us at trademark email@example.com. willu reserves the right to remove Content without prior notice for any reason whatsoever.
License. You retain the ownership rights in your Content. However, by submitting such Content to willu, you hereby grant willu a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, the Content in connection with our Services and willu's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of our Services (and derivative works thereof) in any media formats and through any media channels.
Illegal. Violates applicable local, national, and international laws and regulations.
Infringe. Infringes upon another person or entity's copyright or intellectual property rights.
Offensive, libelous, harmful. Offensive, threatening, libelous, defamatory, pornographic, obscene, harmful, abusive, harassing, tortuous, defamatory, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by willu's, in willu's sole discretion.
No endorsement. willu does not endorse any Content submitted by any user, third party or other licensor, or any opinion, recommendation, or advice expressed therein, and willu expressly disclaims any and all liability in connection with such Content. Any use or reliance on Content posted via our Services is at your own risk.
No pre-screening. willu does not control the Content of Conversations. willu does not review or pre-screen Conversations or other Content uploaded or posted to our Services by users. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. If you believe that someone is posting content that violates these Terms, you should email us at firstname.lastname@example.org.
Reproduce or resell. Reproduce, duplicate, copy, sell, resell or exploit access to our Services, including, but not limited to the HTML or any visual design elements without the express written consent of willu.
Tamper. Modify, reverse engineer, decompile, adapt or otherwise tamper with our Services or modify another website so as to falsely imply that it is associated with our Services, willu, or any other software or service provided by willu.
Interfere. Interfere with, disrupt or attempt to interfere or disrupt our Services, our domains, websites, servers, networks, services or other equipment connected to our Services.
Send spam. Use our Services to upload, post, host, or transmit unsolicited bulk e-mail "Spam" or otherwise violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction).
CTIA and MMA. Use our Services in any manner that violates carrier, marketing, advertising or short code industry standards or guidelines, including but not limited to, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, and any other accepted industry associations (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction).
Harass. Use our Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted SMS or text messages.
Harvest information. Harvest or otherwise collect personal information about others, including but not limited to, "Protected Health Information" as defined by the Health Insurance Portability and Accountability Act of 1996, that is not willfully and legally disclosed by such persons, including email addresses or phone numbers.
Install malware. Use our Services to upload, post, host, or transmit viruses, self-replicating computer programs "Worms" or any code of a destructive or malicious nature.
Harm minors. Violate any child protection laws or regulations or otherwise harm minors in any way.
Impersonate. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Violate the law. Intentionally or unintentionally violate any applicable local, state, national or international law.
Promote terrorism. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
Store certain data. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in these Terms.
No disabling security features. Disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Services or the Content therein.
Trademarks. The Services and Content, trademarks, service marks and logos ("Marks") on our Services, are owned by or licensed to willu, and are subject to trademark and other intellectual property rights under the law.
Intended use only. You may access the willu website for your informational use solely as intended through the provided functionality of our Services and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of the willu website, its Content, or our Services for any other purposes without the prior written consent of willu or the respective licensors of the Content. willu and its licensors reserve all rights not expressly granted in and to our Services.
Keep your User Profile secure. If you have been issued User Profile by willu in connection with your use of our Services, you are responsible for safeguarding your User Profile and any credentials or devices used to access our Services, including any verification code sent to you. You, and not willu, are responsible for any activity occurring through your User Profile or device, whether or not you authorized that activity. If you become aware of any unauthorized access to your User Profile or device, you must notify willu immediately.
Keep your details accurate. When you register for an User Profile, you must provide data about yourself, including but not limited to, your email address, and, where applicable, your contact details and payment details ("Registration Data"). You must keep your Registration Data current, complete and accurate. If you provide Registration Date that is untrue, inaccurate, not current or incomplete, or if willu has reason to believe that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your User Profile.
Misuse. If you misuse our Services or otherwise do not comply with these Terms, willu, in its sole discretion, has the right to suspend a Conversation, delete Content, and terminate our Services and your User Profile at any time, without prior notice to you, and pursue any other remedy legally available to it. willu reserves the sole and exclusive right to decide whether or not you are in compliance with these Terms.
If requested by law enforcement, court order or other judicial process;
If willu makes a material alteration or modification to a willu application/API;
If an unexpected technical or security issue arises;
If you engage in fraudulent or illegal activities, whether or not those activities are related to your use of willu; or
For any reason, if willu, in its sole discretion, believes it to be in willu's interest to do so.
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY.
As is. To the maximum extent permitted by law, our Services are provided entirely "as is," without any warranty whatsoever, and all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby expressly disclaimed, and you hereby waive all such warranties. We will not be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your network operator.
No warranty. No advice or information, whether oral or written, obtained by you from willu or through or from the willu applications shall create any warranty not expressly stated in these Terms.
Limitation of liability. In no event shall willu, our officers, directors, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to you or any party for any direct, consequential, incidental, special or other indirect (including without limitation, cost of cover) damages, loss or injury arising out of or in connection with these Terms, our Services or any services, content or other materials provided or available hereunder, or use of any other links or linked websites, even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arise in contract, tort (including without limitation negligence), strict liability or other legal basis.
Damages. The term "damages" includes, without limitation, attorneys' fees, lost profits, physical and/or personal injury, business interruption, and loss of programs or other data on you information handling system. You agree and acknowledge the economic terms of these Terms fairly and equitably reflect the foregoing allocation of risk and such allocation of risk is a material inducement for us to make our Services website and other content and materials available to you.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United States District Court for the District of Columbia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, willu may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at willu's sole discretion.
Copyright agent. Notifications to our copyright agent may be emailed to email@example.com or Copyright Agent [address]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to willu customer service at firstname.lastname@example.org. If you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Changes to Services. We regularly update our Services. willu may add, alter, or remove functionality or features from our Services at any time without prior notice. willu may also limit, suspend, or discontinue our Services at our discretion. willu may remove Content from our Services at any time in its sole discretion, although willu will endeavor to notify you before it does so if it materially impacts you and if practicable under the circumstances.
Changes to Terms. willu may change these Terms at any time and for any reason, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Changes will be effective the day they are posted here. If you do not want to agree to any changes made to these Terms, you must immediately discontinue using our Services, because by continuing to use our Services you indicate your agreement to be bound by the updated terms.
No Class Action. You give up your right to participate as a class representative or member for any claim you may have against willu, including any right to class arbitration or any consolidation of individual arbitrations or to bring or participate in a class action as set forth in any state statute.
No Jury Trial. You expressly waive your right to a jury trial.
Arbitrator's Decision Final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Section is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 17 of these Terms shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Injunctive Relief. Notwithstanding the terms of this Section 16, if you violate or threaten to violate willu's intellectual property rights, willu may seek injunctive or other appropriate relief in any court in the District of Columbia, and you consent to exclusive jurisdiction and venue in such courts.
Customer Specific Terms. If you are a United States Federal Government Agency, or different type of government entity in the United States, we have provided you with separate terms that apply to you.
Other Countries. The data we collect is stored on servers located in the U.S. If you are located outside the U.S. you are not authorized to use our Services. For more information email us at email@example.com.
Language. These terms were prepared and are written in English. To the extent any translated version conflicts with the English version, the English version controls, except to the extent prohibited by any applicable law.
Content. As used herein, the term "Content" shall include text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials whether submitted as part of a Hashtag, Conversation, or otherwise. This Content may be created by us, you or a third party.
Transmission of Data. willu may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our Services. The technical processing and transmission of data associated with our Services, including Content, may be transmitted unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
Severability and Waiver. willu's failure to exercise or enforce any of these Terms shall not constitute a waiver of the Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, such court should endeavor to give full effect to the parties' intentions as reflected in these Terms, and the remainder of these Terms remain in full effect. The failure of willu to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
Entire Agreement. These Terms constitute the entire agreement between you and willu and govern your use of our Services, superseding any prior agreements between you and willu (including, but not limited to, any prior versions of the Terms).
No Assignment. You may not assign your rights or delegate your duties under this license to access our Services without the prior written consent of willu.
Indemnification. You agree to indemnify and defend willu and our subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney's fees and costs, made by any third party due to or arising out of your use of our Services.
Persons other than individuals. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
Advertising and Placement. We reserve the right to place advertisements and promotions on our website and our Services and to determine the placement or order of visible Hashtags on our website.
|251 18th Street South|
|Arlington, VA 22202|