Thank you for using willu.
Willu is a private messaging platform that enables you to have a conversation ("Conversation") identified by and routed through a unique hashtag ("Hashtag"). The "Customer" or "Hashtag Owner" can purchase the right to use the Hashtag and communicate with "Followers" via our mobile App or SMS using willu's short code, " or 94558 ("Number"). Each Conversation is separately 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 to accept 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.
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.
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.
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 account 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.
Standard Messaging and Data Rates May Apply. Whether you are a Follower or Hashtag Owner, your wireless service provider's standard messaging 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, please check with your wireless service provider to determine how and when you will be charged. 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 $0.99 per day for each Hashtag to the Hashtag Owner.
Hashtag Owner Payment. All payments are made by credit card and processed by our third-party payment processor, Stripe. We bill Hashtag Owners per Hashtag, in advance, on a monthly basis beginning on the date you enter the verification code that we provide to you upon successful completion of the sign-up process [link]. You authorize us to charge your credit card each month on the same day of the month as your Initial Payment ("Payment Day") without any advance notice until your "Cancel Date" which shall be thirty (30) days' after the date you provide written notice of cancellation. If your payment is declined or otherwise fails to process for any reason, your account will be suspended for ten (10) days. If you fail to update your payment information or provide another valid form of payment within ten (10) days, you will forfeit your Hashtag(s) and your account will be cancelled.
Cancellation. If you are a user and you wish to delete your account, you can do so by logging in at willu.com and accessing the user profile.
No Refunds. Except for charges we make to your credit card during a "Trial Period," your payments to us are not refundable or prorated.
Trial Period. From time to time we may offer a "Trial Period" during which you may try owning a hashtag for no charge. If you wish to stop owning a hashtag, before you incur charges you can do so by logging in at willu.com and deleting your hashtag.
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 and Copyright. You shall be 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 email@example.com. Willu reserves the right to remove Content without prior notice.
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. Contrary to 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".
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. 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.
Any use of our Services using an API, including use of an API through a third-party product that accesses and uses our Services, is governed by these Terms;
Willu shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if willu has been advised of the possibility of such damages), resulting from any use of an API or third-party Services that access and use our Services via an API;
Excessive use of our Services using an API may result in temporary or permanent suspension of access to our Services via an API. Willu, in its sole discretion, will determine excessive use of our Services via an API, and will make a reasonable attempt to warn Authorized User prior to suspension; and
Willu reserves the right at any time to modify or discontinue, temporarily or permanently, access and use of our Services via an API, with or without notice.
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 password secure. If you have been issued an account by willu in connection with your use of our Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not willu, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you must notify willu immediately. Accounts may not be shared and may only be used by one individual per account.
Keep your details accurate. When you register for an account, 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 account.
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, or terminate our Services or your account 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 an 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 a mistake or a misidentification of the Content; and
Your name, address, telephone number, and email 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. 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 the 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.
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