Terms and Conditions

Terms and Condition of Use Agreement

Welcome to the Wiingr Terms and Conditions of Use ("Terms"). These Terms constitute a legally binding contract between you and Wiingr (as defined further below). It is important for both parties to understand their respective rights and obligations before using the Wiingr application. We kindly ask that you take a few moments to carefully review these Terms prior to accessing or using the App. By accessing, viewing, or using the App, you acknowledge and agree to be legally bound by these Terms. Additionally, we encourage you to review our Community Guidelines and Privacy Policy for further information regarding your use of the App.
Kindly note that if you choose to subscribe to our services for an initial term (referred to as the "Initial Term"), your subscription will automatically renew for additional periods of the same duration as the Initial Term. This renewal will occur at Wiingr's then-current fee for such services unless you opt to cancel your subscription in accordance with the process outlined in Section 5 below.
Please take note that Section 13 of these Terms includes provisions outlining the resolution of claims between you and Wiingr Group. This section specifically contains an arbitration agreement, which, with limited exceptions, mandates that disputes between us be resolved through binding arbitration. You have the option to opt out of this arbitration agreement as outlined in Section 13 below. If you choose not to opt out of the arbitration agreement in accordance with Section 13: (1) you will only be able to pursue claims and seek relief against us on an individual basis; and (2) you are forfeiting your right to seek relief in a court of law and to have a jury trial for your claims.
Attention California subscribers: You have the option to cancel your subscription and request a refund at any time before midnight of the third business day following the date of your subscription. If you subscribed using your Apple ID, please note that refunds are managed by Apple, not Wiingr. To request a refund, please visit Apple Support. For subscribers who used their Google Play Store account or subscribed directly through Wiingr, please reach out to our customer support team for assistance with refund requests.

1. RULES
Prior to accessing the App, you are required to register for an account ("Account"). To create an Account, you must:

be at least 18 years old, or meet the age of majority required by the laws of your home country, if that age exceeds 18, in order to legally enter into a contract.
be legally permitted to use the App according to the laws of your home country.

Please be advised that we actively monitor for underage use, and we reserve the right to terminate, suspend, or request verification of your Account if we suspect you may be underage. Account creation is possible through manual registration. For further details regarding the information we collect and how it is utilized, please refer to our Privacy Policy. Unfortunately, sharing your Account with others without permission or using another person's Account is strictly prohibited. You retain the option to delete your Account at any time by accessing the 'Settings' page while logged in and selecting the 'Delete account' link. While your Account will be promptly deleted, it may take some time for Your Content to be completely removed from the App. Rest assured, your profile information will be handled in accordance with our Privacy Policy. We maintain the right, at our sole discretion, to terminate or suspend any Account, restrict access to the App, or utilize various means to enforce the Terms, including blocking specific IP addresses. For EU residents, we will notify you when action is taken against your Account or Your Content, unless such notification is prohibited by law enforcement agencies. For all other users, we reserve the right to take such action without prior notice. Additionally, unless otherwise prohibited by mandatory laws in your country of residence, we reserve the right to terminate or suspend your Account without notice for various reasons, including but not limited to violations of these Terms, inappropriate conduct on the App, inappropriate conduct with other users (including offline conduct), or improper conduct on apps operated by our affiliates. If your Account is terminated or suspended, you acknowledge that you will not receive a refund for any paid services or features for which you have already been charged. Should you believe that a mistake has been made regarding action taken on your Account or Your Content, you may appeal using the processes outlined within the app or by contacting us through our contact form. EU residents have additional rights under the Digital Services Act, including access to third-party out-of-court dispute settlement processes, remedies from EU member state courts, and the ability to lodge complaints with local EU regulatory authorities. Lastly, please refrain from accessing, tampering with, or utilizing non-public areas of the App or our systems. Certain portions of the App may only be accessible after registering for an Account.

2. CONTENT Prohibited Content on Wiingr: Our Community Guidelines are an integral part of these Terms and serve to define the acceptable content and conduct on our platform. By using Wiingr, you agree to adhere to our Community Guidelines, which may be updated periodically. While we encourage users to express themselves freely on Wiingr, certain restrictions are necessary to maintain a positive and safe environment. Prohibited content includes, but is not limited to, the following:

Content that promotes or incites illegal activity.
Defamatory or libelous material.
Content that infringes upon third-party rights, including intellectual property and privacy rights.
Unauthorized sharing of another person's image or likeness.
Content containing offensive language or imagery likely to cause harm or discomfort to others.
Obscene, pornographic, or violent material that undermines human dignity.
Abusive, discriminatory, or hateful content promoting racism, sexism, or bigotry.
Commercial activities such as sales, competitions, advertising, or links to external websites.
Unsolicited or spam-like content.
Impersonation or deceptive behavior, including scams or fraudulent activity.
Content containing malicious code designed to disrupt or damage software, hardware, or networks, or any other material that violates our Community Guidelines in any way.

Your Content: You acknowledge that Your Content must adhere to our Community Guidelines, which are subject to periodic updates. As the creator of Your Content, you are solely responsible and liable for its compliance. You agree to indemnify, defend, release, and hold us harmless from any claims arising in connection with Your Content. Your Content is a reflection of you, and therefore, you are advised to exercise caution in its creation and dissemination. Personal contact or banking information, such as names, addresses, phone numbers, email addresses, URLs, or financial details, should not be displayed on your profile page or shared with other users. Any disclosure of personal information is at your own risk, and we encourage you to exercise the same discretion online as you would offline. By uploading Your Content on Wiingr, you affirm that you possess all necessary rights and licenses to do so. You grant us a non-exclusive, royalty-free, perpetual, worldwide license to use Your Content in various ways, including editing, copying, modifying, distributing, and making it available to the public. This license may be assigned or sub-licensed to our affiliates and successors without further approval from you. We are not obligated to store Your Content indefinitely, so it is advisable to keep backups if it holds significance to you. To prevent unauthorized use of Your Content by third parties, you authorize us to take action on your behalf, including sending takedown notices under applicable laws, such as the DMCA, if Your Content is used without consent outside of Wiingr.

Member Content: Member Content shared on Wiingr belongs to the users who posted it and is stored on our servers. It is displayed via the App at the direction of the user providing the Member Content. You do not possess any rights regarding other users' Member Content, and you may only use their personal information to the extent that it aligns with Wiingr's purpose of facilitating social connections. Utilizing other users' information for commercial purposes, spamming, harassment, stalking, or making unlawful threats is strictly prohibited. We retain the right to terminate your Account if you misuse other users' information. Member Content is subject to the terms and conditions outlined in Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint regarding Member Content, please refer to the Digital Millennium Copyright Act section below for further guidance.

Our Content: You might be curious about the ownership of the remaining Content on Wiingr. Well, it belongs to us! This includes any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property featured on Wiingr, as well as the Wiingr software and database(s). These assets are either owned, controlled, or licensed by us and are safeguarded by copyright, trademark, data, database rights, and/or other intellectual property laws. The rights, title, and interest in and to Our Content remain with us at all times. However, we grant you a non-exclusive, limited, personal, non-transferable, and revocable license to access and utilize Our Content. This license is granted without the right to sublicense and is subject to the following conditions:

You are prohibited from utilizing, selling, modifying, or distributing Our Content except as allowed by the functionality of the App.
Our name shall not be used in metatags, keywords, and/or hidden text.
Derivative works shall not be created from Our Content, nor shall Our Content be scraped, disabled, decompiled, analyzed, or commercially exploited, whether in whole or in part.
Our Content must be used for lawful purposes only.

We retain all other rights. While we are not obligated to pre-screen Your Content or any Member Content, there may be occasions where intervention is necessary to ensure the safety of our members. Therefore, we reserve the right to review, pre-screen, refuse, and/or remove any Member Content and Your Content, including content exchanged between users in direct messages, as outlined in these Terms. We employ matching algorithms to predict your compatibility with other users and recommend potential matches. Further details regarding our use of recommender systems and the primary parameters utilized are available in our Privacy Policy.

3. RESTRICTIONS
You agree to:

Adhere to all relevant laws, encompassing privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws, and regulatory obligations.
Provide your authentic name and accurate age when setting up your Wiingr account and on your profile.
Utilize the services in a safe, inclusive, and respectful manner, consistently abiding by our Community Guidelines.

You agree not to:

Behave unlawfully or disrespectfully, including acts of dishonesty, abuse, or discrimination.
Falsify your identity, age, current or past positions, qualifications, or affiliations with any individual or entity.
Disclose information without proper consent.
Engage in stalking or harassment of any App user.
Utilize the App in a deceptive, inauthentic, or manipulative manner, such as participating in scams, spamming, creating inauthentic profiles, or conducting commercial/promotional activities.
Submit appeals, reports, notices, or complaints that are clearly baseless.
Develop, support, or use software, scripts, robots, or other means to scrape data from Wiingr or its services, or to copy profiles and other data from the services.

We take user behavior seriously within the Wiingr community. Should you encounter any abuse or wish to raise a complaint regarding Member Content, please contact us with details of the incident. Alternatively, you can report a user directly from their profile or chat by selecting the 'Block & Report' option. We retain the right to investigate any potential violations of these Terms, user rights, or third-party rights. In our sole discretion, we may immediately revoke a user's access to the App without prior notice, as outlined in Section 1 above, and/or remove any improper, infringing, or unauthorized Member Content submitted to the App. It's important to note that we do not monitor or control user actions, therefore, you are solely responsible for your interactions with other App users.

YOU UNDERSTAND THAT WIINGR GROUP DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WIINGR GROUP ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. WIINGR GROUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. WIINGR GROUP RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.

You agree to release Wiingr Group and its successors from any claims, demands, losses, damages, rights, and actions arising from your interactions with other users of the App. This includes personal injuries, death, and property damage, whether directly or indirectly caused. If you are a California resident, you waive California Civil Code Section 1542, which states that a general release does not extend to unknown claims. However, this release does not apply to claims arising from unconscionable commercial practices, fraud, deception, or misrepresentation by Wiingr Group. Scraping or replicating any part of the App without prior consent is expressly prohibited, except through our published interfaces or a separate agreement.

4. PRIVACY
To learn about how Wiingr Group collects, uses, and shares your personal data, please refer to our Privacy Policy. By using Wiingr, you agree that we may use your data as outlined in our Privacy Policy.

5. PAYMENT TERMS
In general, Wiingr may provide products and services for purchase within the app ("In-App Purchase"). If you decide to make an In-App Purchase, you acknowledge and accept that additional terms, presented to you during the purchase process, may apply, and these additional terms are considered part of this agreement.

Subscriptions and Automatic Renewal: Wiingr may provide certain services as automatically renewing subscriptions, such as a one-week, one-month, or three-month subscription ("Premium Services"). IF YOU SUBSCRIBE TO AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH PERIOD UNLESS YOU CANCEL IT. YOU WILL BE CHARGED AT WIINGR'S CURRENT PRICE FOR SUCH SUBSCRIPTION UNLESS YOU CANCEL. To avoid being charged for a new subscription period, you must cancel before the current subscription period ends. Deleting your account or removing the app from your device does not cancel your subscription. If there are changes in the pricing of the Premium Services you've subscribed to, you'll be notified and given an opportunity to cancel. If you don't cancel your subscription after Wiingr changes the prices, you agree to be charged at the updated pricing.

Canceling Subscriptions: If you subscribed directly through Wiingr, you can cancel or modify your payment method in the payment settings section of your profile. If you subscribed through a third-party store like the Apple App Store or Google Play Store, you'll need to access your account with that store and follow their instructions to cancel or change your subscription. Upon cancellation, you can continue to use your subscription until the end of the current billing period. However, please note that (i) you won't be eligible for a prorated refund unless specified in the "Refunds" section below, (ii) your subscription won't renew after the current period ends, and (iii) you'll lose access to Premium Services or In-App Purchases associated with your subscription.

As our services can be accessed without a subscription, canceling your subscription won't delete your profile from our platform. If you want to completely close your account, you need to follow the termination process outlined in Section 15.

Wiingr Group operates globally, and our pricing is influenced by various factors. We often provide promotional rates, which may differ based on factors like region, subscription duration, bundle size, and more. Additionally, we regularly experiment with new features and payment methods. Wiingr Group reserves the right, without prior notice, to limit the availability of any product, feature, or service, to impose conditions on promotions, to restrict transactions, and to refuse service to any user.

Free Trials: If you enroll in a free trial and do not cancel, your trial may transition into a paid subscription, with your Payment Method charged at the current subscription price. Once your trial becomes a paid subscription, it will automatically renew at the end of each period, with your Payment Method charged, until cancellation. To avoid charges for a new subscription period, you must cancel before the current period ends. Deleting your account or app does not cancel your free trial. If you've previously signed up for a free trial through the Apple Store or Google Play Store, you won't qualify for another free trial and will be automatically enrolled in a subscription as outlined here.

Refunds: In general, all purchase charges are nonrefundable, and there are no refunds or credits for partially used periods.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the following terms apply:

YOU, THE BUYER, MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED (EXCLUDING SUNDAYS AND HOLIDAYS). IN THE EVENT THAT YOU DIE BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DEATH. IN THE EVENT THAT YOU BECOME DISABLED (SUCH THAT YOU ARE UNABLE TO USE WIINGR) BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOU SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DISABILITY BY PROVIDING THE COMPANY NOTICE IN THE SAME MANNER AS YOU REQUEST A REFUND AS DESCRIBED BELOW.

To request a refund: Eligible subscribers must also submit a refund request. If you subscribed using your Apple ID, refunds are managed by Apple, not Wiingr. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” locate the transaction, and click “Report Problem”. Alternatively, you can submit a request through Apple Support.

For all other purchases: Reach out to customer support with your order number. You can locate the order number in the order confirmation email. If you purchased from the Google Play Store, you can find it by logging in to Google Wallet.

Taxes:The payments outlined in this Section 5 do not cover any Sales Tax that might be applicable to the Premium Services provided under these Terms. If Wiingr determines that it's legally obligated to collect Sales Tax from you for these Terms, it will do so in addition to the payments specified in this Section 5. If any Premium Services or payments for such services under these Terms are subject to Sales Tax in any jurisdiction, and you haven't submitted the required Sales Tax to Wiingr, you'll be responsible for paying that Sales Tax along with any associated penalties or interest to the relevant tax authority. In this context, "Sales Tax" refers to any sales or use tax and any other tax assessed based on sales proceeds, equivalent to a sales tax where the applicable taxing jurisdiction doesn't otherwise impose a sales or use tax.

6. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may send you emails, text messages, push notifications, alerts, and other messages related to the App and Wiingr services, such as updates, offers, products, events, and promotions. Upon downloading the App, you'll be prompted to accept or deny push notifications/alerts. If you decline, you won't receive any. If you accept, they'll be sent automatically. To stop receiving push notifications/alerts, adjust your notification settings on your mobile device. For other types of messaging, like emails or texts, you can unsubscribe by following the instructions in those communications or by emailing us at info.wiingr@gmail.com.
The App may offer location-based content, products, services, and materials. To provide these, it uses your device's GPS, Bluetooth, or other location-tracking software. If you disable these features, you won't access location-specific content. For details on how the App handles your information, please review the Privacy Policy.

7. DISCLAIMER
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, WE PROVIDE THE MINIMUM WARRANTY REQUIRED BY THAT LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
IN ADDITION, WE DO NOT WARRANT THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT YOUR USE OF THEM WILL MEET YOUR EXPECTATIONS. WE DO NOT GUARANTEE THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PART THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. WIINGR GROUP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS, AND THUS, WE CANNOT BE HELD RESPONSIBLE FOR THEIR CONDUCT.

8. LMITATION OF LIABILITY
NEITHER WE NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT, OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY, OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS, AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

9. INDEMNITY
All actions and information you contribute on Wiingr are your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, along with our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless from and against any claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) incurred by us due to:

Negligence, omissions, or wilful misconduct on your part
Your use of the app
Content uploaded or submitted by you
Breach of these terms
Violation of any law or rights of any third party

We reserve the sole right to settle, compromise, and pay any claims or causes of action brought against us without seeking your prior consent. If requested, you agree to cooperate fully and reasonably with us in the defense of any such claim.
You are not obligated to indemnify Wiingr Group for any unconscionable commercial practice, fraud, deception, false promise, misrepresentation, or concealment of material facts related to the App.

10. THIRD PARTY APP STORE
If you download the App from a Third Party Store, the following additional terms and conditions apply to you. If there's a conflict between the terms and conditions in this section and the rest of these Terms, the stricter or conflicting terms in this section apply, but only regarding the App and the Third Party Store. You acknowledge and agree that:

These Terms are between you and the Wiingr Group, not the providers of the Third Party Store. The Wiingr Group is solely responsible for the App and its content, not the Third Party Store providers. If these Terms have usage rules for the App that conflict with or are less restrictive than the applicable terms of service of the Third Party Store where you got the App, the stricter or conflicting term of the Third Party Store will prevail and apply.
The Third Party Store provider is not obligated to offer any maintenance or support services for the App. Any product warranties, whether express or implied by law, are solely the responsibility of the Wiingr Group unless effectively disclaimed. The Third Party Store provider bears no warranty obligations for the App, and any claims, losses, liabilities, damages, costs, or expenses due to any failure to meet a warranty are the sole responsibility of the Wiingr Group.
The Wiingr Group, rather than the Third Party Store provider, is accountable for handling any claims that you or a third party may have concerning the App or your ownership and/or usage of the App. These claims include, but are not limited to: (i) product liability claims; (ii) assertions that the App does not adhere to any relevant legal or regulatory standards; (iii) complaints arising from consumer protection or similar laws; and/or (iv) allegations of intellectual property infringement.
The Third Party Store provider and its subsidiaries are acknowledged as third-party beneficiaries of these Terms. Upon your acceptance of these Terms, the Third Party Store provider, from whom you acquired the App, will possess the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

If there's a conflict between the terms and conditions of a Third Party Store or mobile carrier and these Terms, the Third Party Store's or mobile carrier's terms and conditions will take precedence. We bear no responsibility and hold no liability for any goods or services obtained through a Third Party Store or mobile carrier. We recommend conducting any necessary investigation before engaging in any online transactions with these third parties.

11. DISPUTE RESOLUTION
Please carefully review the following arbitration agreement in this section ("Arbitration Agreement"). Unless you choose to opt out as described in Section 13(10) below, this Arbitration Agreement mandates that you and Wiingr Group resolve disputes through binding arbitration instead of in court, and it restricts how we can seek remedies from each other.

1. WHEN DOES THIS ARBITRATION AGREEMENT APPLY? This Arbitration Agreement covers any disputes or claims of any nature whatsoever (whether based on contract, tort, statute, regulation, ordinance, fraud, misrepresentation, or any other legal or equitable theory) between you and the Wiingr Group arising from or related to the Terms, previous versions of the Terms, your use of our App, or any other aspect of your association with Wiingr. This includes claims or disputes that arise (but are not actually submitted for arbitration) before the effective date of these Terms. By entering into these Terms, you and Wiingr Group agree that such disputes or claims will be resolved through binding arbitration instead of in court, except that (i) you or Wiingr may pursue individual claims in small claims court if they qualify; and (ii) you or Wiingr may seek equitable relief in court for the infringement or misuse of intellectual property rights.

2. NOTICE OF DISPUTE AND INFORMAL RESOLUTION: Before initiating arbitration, you and Wiingr Group must first notify each other in writing of the dispute at least 60 days beforehand. The notice to Wiingr Group must be sent by letter to our registered agent: CT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801. It should include your name, current email address, mailing address, and telephone number, as well as the name, email address, and telephone number associated with your Wiingr account (if different from your current information). Additionally, describe the nature of the claim and the specific relief sought. You and Wiingr agree to engage in good faith discussions, via teleconference or videoconference, to attempt to informally resolve any covered claim or dispute. If either party is represented by counsel, they may participate in this process. Offers of judgment may be provided during this phase. All communications and offers made during the informal resolution process are confidential and not admissible in any subsequent proceeding, except for evidence that is otherwise admissible or discoverable. The informal dispute resolution conference must occur within 60 days of receiving the written notice, unless both parties agree to an extension. If the dispute remains unresolved after this conference, the claimant may then commence arbitration as per this Agreement. Completion of this informal resolution process is a prerequisite for filing any arbitration demand. Failure to comply constitutes a breach of this Agreement, and no arbitration demand shall be valid unless the written notice is provided, and good faith discussions are conducted. Any statute of limitations will be paused while the parties engage in the informal dispute resolution process outlined in this section.

3. HOW DO YOU START THE ARBITRATION PROCESS? If the dispute remains unresolved after the 60-day informal resolution period, either party may proceed to initiate arbitration. To begin the arbitration process, you or Wiingr Group must send a notice of the claim by certified mail, along with an individualized arbitration demand. The demand must include the name of the claiming party (either you or Wiingr Group), the mailing address, the email address or phone number associated with your Wiingr account (if applicable), and a detailed description of the dispute and the relief sought. Notice to Wiingr Group should be sent to our registered agent: CT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801.

4. WHAT ARE THE RULES OF ARBITRATION? The Federal Arbitration Act ("FAA") governs this Arbitration Agreement and applies to its interpretation and enforcement. In the event that the FAA does not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, Texas law will apply, as outlined in Section 17 of the Terms. The applicable arbitration provider depends on your place of residence. If you reside in California, arbitration will be administered by ADR Services, Inc. under its most current arbitration rules and procedures, available at [link]. If you reside outside of California, arbitration will be administered by National Arbitration and Mediation under its most current Comprehensive Dispute Resolution Rules and Procedures, available at [link], or under its most current Supplemental Rules for Mass Arbitrations, as applicable, available at [link]. If the designated arbitration provider is unable to arbitrate due to an inability to administer the arbitration(s) consistent with the terms of this Arbitration Agreement, including those described in Section 13(8) (Mass Filings), the parties will select an alternative arbitral forum. If the parties cannot agree on an appropriate alternative arbitration provider, they will request a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5, who can administer the arbitration(s) consistent with the terms of this Arbitration Agreement. This Arbitration Agreement supersedes conflicting rules of the arbitration provider. The party initiating arbitration must pay all filing fees. Each party's responsibility for other administrative and arbitrator costs will be determined according to the applicable arbitration provider's rules, unless the arbitrator deems the claims frivolous. If a claim is deemed frivolous, the claimant must reimburse the respondent for its portion of the administrative, hearing, and/or other fees incurred due to the frivolous claim. You may be eligible for a waiver of certain arbitration costs under the applicable arbitration provider's rules or other applicable law. If you qualify for proceeding in forma pauperis in federal court, Texas state court, or the courts of your state of residence, are unable to obtain a waiver from the arbitration provider of any required filing fees, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Wiingr Group will cover the filing fees on your behalf.

5. WHAT CAN THE ARBITRATOR DECIDE? The arbitrator holds exclusive authority to resolve any and all threshold arbitrability issues, including the applicability, enforceability, or unconscionability of this Arbitration Agreement. However, courts retain exclusive authority to determine (i) the severance of any provision of this Arbitration Agreement and the consequences thereof, (ii) the enforceability of any or all mass arbitration procedures outlined in Section 13(8), (iii) compliance with conditions precedent to arbitration, and (iv) the availability of an arbitration provider to hear the arbitration(s) under Section 13(4). The arbitrator may grant motions dispositive of all or part of any claim. They are also empowered to award monetary damages and provide any non-monetary remedy or relief available under applicable law, the rules of the arbitral forum, and the Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision outlining the essential findings and conclusions on which the award is based, including any awarded damages calculation. The arbitrator possesses the same authority to grant relief as a judge in a court of law. Their award is final and binding on both you and us. Pursuant to Section 17 of the Terms, any original action to compel arbitration under Section 4 of the FAA (or analogous state law) must be filed in a State or Federal Court located in Travis County, Texas.

6. NO JURY TRIALS. By opting for arbitration, YOU AND WIINGR BOTH AGREE TO FORGO YOUR RIGHTS TO A JURY TRIAL. Instead, you and Wiingr Group are choosing to settle all claims and disputes through arbitration as outlined in this Arbitration Agreement, except as noted in Section 13(1) above. An arbitrator has the authority to grant the same damages and relief as a court and is bound by this Agreement as a court would be. However, arbitration does not involve a judge or jury, and judicial review of an arbitration award is severely limited.

7. ONE AT A TIME. All disputes covered by this Arbitration Agreement MUST BE HANDLED INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE PROCEEDING, AND BOTH YOU AND WIINGR GROUP RENOUNCE YOUR RIGHTS TO PARTICIPATE IN CLASS ACTIONS OR ANY OTHER FORM OF GROUP LITIGATION. However, this does not prohibit the use of bellwether arbitrations, global mediation, or batch arbitrations as outlined in Section 13(8) below, nor does it prevent the application of the arbitration provider’s fee schedules for mass arbitrations, if applicable. Only remedies available in an individual lawsuit are permitted, and claims from multiple customers or users cannot be arbitrated or combined with those of others, except as detailed in Section 13(8) below, nor does it prevent the application of the arbitration provider’s fee schedules for mass arbitrations, if applicable. The arbitration proceedings cannot be combined with other cases or parties, except as specified in Section 13(8) below, nor does it prevent the application of the arbitration provider’s fee schedules for mass arbitrations, if applicable. For mass arbitrations with ADR Services, Inc., both you and Wiingr Group agree to adhere to its mass arbitration fee schedule, available at [link]. For mass arbitrations with National Arbitration and Mediation, both you and Wiingr Group agree to abide by its mass arbitration fee schedule, available at [link]. For mass arbitrations with any other arbitration provider, you agree to adhere to its mass arbitration fee schedule. If the arbitrator does not have a fee schedule for mass filings, then the claims must proceed in court. If a decision is made that applicable law prohibits enforcement of any of the limitations in this subsection regarding a specific claim, then that claim must be separated from the arbitration and brought to the State or Federal Courts located in Travis County, Texas. All other claims will be arbitrated. This subsection does not prevent you or Wiingr from participating in a settlement of claims on a class-wide basis.

8. Mass Filings. If, at any time, 30 or more similar arbitration demands are brought against Wiingr or related parties by the same or coordinated legal representatives or entities, or if Wiingr Group brings 30 or more similar arbitration demands or counterclaims against similarly-situated parties, within a 60-day period or in close proximity ("Mass Filing"), the following additional procedures shall apply:

Acknowledgment of Mass Filing protocols. If you or Wiingr Group, or your or our legal representatives, file an arbitration demand that falls within the definition of Mass Filing mentioned above, both parties agree that the arbitration demand shall be subject to the additional protocols outlined in this Mass Filings subsection. In case of disagreement regarding whether a series of filings constitutes a Mass Filing, the arbitration provider shall resolve the dispute. Both parties also recognize that the resolution of the dispute may be delayed, and any relevant statute of limitations shall be paused from the time of the arbitration demand filing until the conclusion of the bellwether proceedings.
Bellwether Arbitrations. Bellwether proceedings, where multiple disputes with similar claims against the same or related parties are involved, are encouraged by courts and arbitration administrators. The parties shall select ten individual arbitration claims (five per side), known as the "Initial Test Cases," to proceed to arbitration. Only the Initial Test Cases shall be submitted to the arbitrator, while all other claims shall be put on hold. This implies that filing fees will be paid only for the Initial Test Cases; for all other arbitration demands in a Mass Filing, the filing fees will be deferred, and neither You nor Wiingr will be obligated to pay such fees. If, as per this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, those demands shall be put on hold by the arbitration provider until the Initial Test Cases are resolved. Unless the claims are settled in advance or the schedule is extended, the arbitrators will issue a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
Global Mediation. After the resolution of the Initial Test Cases, the parties agree to participate in a global mediation of all the remaining individual arbitration claims constituting the Mass Filing ("Global Mediation"). Any filing costs associated with the non-Initial Test Cases will be deferred until the conclusion of the Initial Test Cases and subsequent Global Mediation. If the Parties fail to resolve the outstanding claims during the Global Mediation, they may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notification of the opt-out must be provided in writing within 60 days of the conclusion of the Global Mediation. In the absence of an opt-out notice, the arbitrations may proceed and be administered by the arbitration provider as per the Batch Arbitration provision below and the arbitrator's fee schedule for mass filings, unless the parties agree otherwise in writing. Both parties also acknowledge that any relevant statute of limitations shall be paused during the global mediation process.
Batch Arbitration. If a Mass Filing is not resolved by the Bellwether Arbitration and Global Mediation processes, the arbitration provider will (1) administer the remaining arbitration demands in batches of 100 demands per batch; (2) appoint one arbitrator for each batch; and (3) conduct each batch as a single consolidated arbitration with one set of filing and administrative fees per side per batch, one procedural calendar, one hearing (if any) in a location determined by the arbitrator, and one final award ("Batch Arbitration"). If the arbitration provider does not administer the Batch Arbitration with one set of filing and administrative fees per side per batch, then the arbitration provider's mass arbitration fee schedule shall apply.
Enforcement of Subsection. A Court of competent jurisdiction in a venue permitted under Section 17 of the Terms and Conditions shall have the authority to enforce this subsection.

9. Offer of Judgment. At least 14 days prior to the arbitration hearing date, either party may present a written offer to the other party, proposing judgment on specific terms. If the offer made by one party is rejected by the other party and the rejecting party fails to obtain a more favorable award, they shall not be entitled to recover any post-offer costs they would otherwise be eligible for and must cover the offering party's costs from the time of the offer.
10. Opt-Out. Updates to Wiingr’s Terms do not offer a new chance for opting out of arbitration if you previously agreed to an earlier version of Wiingr’s Terms containing an arbitration clause and didn't properly opt out of arbitration at that time.

Previous or existing users who previously agreed to arbitration can reject this updated Arbitration Agreement by following the opt-out method below. However, such users will still be bound by the most recent prior version of the Arbitration Agreement and will otherwise be bound by these Terms. Users who do not opt out of this updated Arbitration Agreement will be bound by it, applying to all disputes between such users and Wiingr, including those arising before the effective date of these Terms (but not yet filed in arbitration). Arbitration demands already filed with an arbitration provider before the effective date of this Arbitration Agreement and in compliance with a prior version are subject to the terms of the prior version.
New users who create a Wiingr account for the first time on or after July 24, 2023, have the option to opt out of this Arbitration Agreement.
To opt out of this Arbitration Agreement, you can send a written notice of your decision to opt out to: info.wiingr@gmail.com, within 31 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, your Wiingr username (if any), the email address and/or phone number you used to set up your Wiingr account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you choose to opt out, all other parts of the Terms and any other agreements between you and Wiingr will still apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements you currently have, or may enter into in the future, with us.

11. Severability. Unless otherwise stated in subsection 13(7), if any part or parts of this Arbitration Agreement are deemed invalid or unenforceable under the law, such specific part or parts shall be deemed null and void, and shall be severed from the agreement. The remainder of the Arbitration Agreement shall remain in full force and effect. If a court determines that any provision in the above Arbitration Agreement is invalid or unenforceable because it would impede the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be separated from arbitration and may be adjudicated in court. All other disputes subject to arbitration according to the terms of the Arbitration Agreement shall be resolved through arbitration as outlined in the agreement.
12. Survival of Agreement. The provisions outlined in this Arbitration Agreement will persist even after the termination of your association with Wiingr.

12. USE OF THIRD PARTY INTEGRATIONS
By utilizing the Snap Lenses feature or any other AR capabilities offered by Snap akin to Snap Lenses, you agree to abide by the Snap Inc. Terms of Service, which encompass an arbitration clause along with a waiver of the right to engage in class-action lawsuits or class-wide arbitration. If you disagree with being bound by the Snap Inc. Terms of Service, it is advisable not to utilize the AR camera features provided by Snap within our App.

13. TERMINATION AND REMEDIES
These Terms become effective upon your acceptance (as detailed in the preamble) and remain in effect until terminated in accordance with the provisions herein. You have the option to delete your Account at any time by accessing the App, navigating to the "Settings" tab (identified by the gear icon), and following the provided instructions to terminate your account. It's important to note that upon deleting your Account, any active subscription will persist until the conclusion of the current subscription period for which applicable fees have been settled, and you will not be eligible for a refund unless otherwise stipulated in Section 5. Furthermore, besides deleting your account, you must also manage or cancel any recurring subscriptions procured via a Third Party Store (such as iTunes or Google Play) to prevent further charges.

In the event that Wiingr Group, at its sole discretion, determines that you have violated any aspect of these Terms, engaged in misuse of the App, or demonstrated behavior that Wiingr Group deems inappropriate or unlawful (whether within or outside the App), Wiingr Group reserves the right to take the following actions: (a) issue a warning via email (sent to any email addresses you have provided to Wiingr Group) notifying you of the violation of the Terms; (b) remove your User Content; (c) suspend or terminate your Account; (d) cancel your subscription(s) without providing a refund; (e) notify and/or cooperate fully with law enforcement authorities for further action regarding your User Content; and/or (f) pursue any other actions deemed appropriate by Wiingr Group. You acknowledge that all terminations for cause will be at the sole discretion of Wiingr Group, and Wiingr Group shall not be held liable to you or any third party for the termination of your Account.

Termination of these Terms or your Account entails the revocation of access to your Account, along with all associated information and content contained within it. Should your account be terminated, whether by you or by Wiingr Group, for any reason, certain provisions of these Terms will continue to remain in effect even after termination. These include, but are not limited to, the Arbitration Agreement, ownership provisions, warranty disclaimers, and limitation of liability. The handling and deletion of your information will be carried out in accordance with our Privacy Policy.

14. MISCELLANEOUS
Before you start using Wiingr, there are a few additional points we need to cover.

These Terms, subject to occasional updates, represent the complete agreement between you and the Wiingr Group. They override any prior agreements, whether written or verbal, between us, except for the Privacy Policy. This provision does not affect liability in cases of fraudulent misrepresentation.

The Wiingr Group has taken reasonable measures to ensure the accuracy, availability, and currency of the information on Wiingr, presenting it "as is" and "as available." However, the Wiingr Group does not provide any express or implied warranty or representation regarding the information on Wiingr. Your use of Wiingr and its materials is at your own risk. The Wiingr Group shall not be held liable for any loss resulting from data transmission, usage, or inaccurate Member Content.

You are responsible for ensuring that any material obtained from Wiingr is free of viruses or other harmful components. Wiingr may not be uninterrupted or error-free, and defects may not always be corrected. The Wiingr Group does not guarantee that Wiingr or its server are free from viruses, bugs, spyware, Trojan horses, or similar malicious software. The Wiingr Group is not liable for any damage to your computer hardware, software, or other equipment, including damage resulting from security breaches, viruses, bugs, tampering, fraud, errors, interruptions, defects, delays, or other technical malfunctions. Communications between you and Wiingr Group may occur electronically, whether through the App, email, or posted notices within the App. For contractual purposes, you consent to receive communications from Wiingr Group electronically and agree that all terms, agreements, notices, disclosures, and other communications provided by Wiingr Group electronically satisfy any legal requirement that such communications be in writing. This consent does not affect your statutory rights, including those under the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.

As Wiingr evolves, we may need to update these Terms, so we reserve the right to modify, amend, or change them at any time ("Change"). If we make any Changes, we will post them on this page and indicate the Effective Date of the updates at the bottom of the Terms. In some cases, we may also notify you of Changes via email. Occasionally, we may ask for your agreement to the Changes, but we will inform you accordingly. It's important to check this page regularly for any updates—we aim to keep our users well informed. Your continued use of Wiingr after any Change constitutes your acceptance of the Change, and you will be legally bound by the new updated Terms. If you do not agree with any Changes to the Terms, please discontinue your use of Wiingr immediately.

If, for any reason, any provision of the Terms is declared illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, that specific provision shall be severed and deleted from the Terms. The remainder of the Terms shall remain in full force and effect, continuing to be binding and enforceable. No failure or delay in exercising any right, power, or privilege under the Terms shall constitute a waiver of such right or acceptance of any variation of the Terms. Additionally, any single or partial exercise of a right, power, or privilege by either party shall not preclude any further exercise of that right or the exercise of any other right, power, or privilege.
You confirm and assure that:

You are not situated in a country subject to a U.S. Government embargo or labeled by the U.S. Government as a "terrorist supporting" nation.
You are not included on any U.S. Government roster of banned or restricted entities.

By using the App, you acknowledge and agree that Wiingr operates as a global service with servers located in various countries, including the United States. If you reside in a jurisdiction with data protection regulations, the protection of your personal data may not meet the standards of your home country. By providing your personal information, upgrading services, or using Wiingr's applications, you consent to the transfer, storage, and processing of your data in these locations. Furthermore, the App may contain links to third-party websites or resources, for which you understand and accept that we assume no responsibility or liability.

the availability or accuracy of such websites or resources
the content, products, or services on or available from such websites or resources

Links to such websites or resources do not imply endorsement. You accept full responsibility for and assume all risks associated with your use of any such websites or resources. Framing, in-line linking, or any other methods of association with the App are strictly prohibited without obtaining our prior written approval. These Terms, along with any rights and licenses granted herein, cannot be transferred or assigned by you, but may be assigned by us without any limitations. In the event of any inconsistency between this English language version and any translated copies of the Terms, the English version shall prevail. If you have any inquiries, complaints, or claims regarding the App, please contact us at info.wiingr@gmail.com.