Terms of Service

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These Terms of Service ("Terms") constitute a legally binding agreement between you and Wagter, Inc. ("Wagter", "we", "us", or "our") governing your access to and use of the Wagter mobile application, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Eligibility and Account Registration

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the Service. By using the Service, you represent and warrant that:

  • You meet the minimum age requirement;
  • You have the legal capacity to enter into these Terms;
  • You will comply with these Terms and all applicable laws;
  • All information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2. Your Content and License Grant

"Content" means any text, graphics, images, music, software, audio, video, information, or other materials that users post, upload, share, or otherwise make available through the Service.

  • Ownership: You retain all ownership rights in your Content. Wagter does not claim ownership of your Content.
  • License to Wagter: By posting Content, you grant Wagter a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with the Service and Wagter's business, including for promoting and redistributing part or all of the Service.
  • Representations: You represent that you own or have the necessary rights to post your Content, that your Content does not violate the rights of any third party, and that you have obtained all necessary consents (including from individuals depicted in your Content).

3. Prohibited Content and Conduct

You agree not to post, upload, or share Content that:

  • Is illegal, fraudulent, deceptive, or promotes illegal activities;
  • Contains hate speech, harassment, bullying, or threats against individuals or groups;
  • Is sexually explicit, pornographic, or contains non-consensual sexual content;
  • Depicts graphic violence, self-harm, or cruelty to animals;
  • Infringes on intellectual property rights, privacy rights, or publicity rights;
  • Contains malware, viruses, or other harmful code;
  • Is spam, unsolicited advertising, or pyramid schemes;
  • Impersonates any person or entity or misrepresents your affiliation.

You also agree not to:

  • Use automated systems (bots, scrapers) to access the Service without authorization;
  • Circumvent any security measures or access restrictions;
  • Interfere with or disrupt the Service or servers;
  • Collect or harvest user data without consent;
  • Sell, resell, or commercially exploit the Service without authorization;
  • Use the Service to stalk, harass, or harm other users.

4. Content Moderation and Enforcement

We reserve the right, but are not obligated, to review, monitor, or remove Content at our sole discretion. We may take the following actions if we believe you have violated these Terms:

  • Remove or disable access to violating Content;
  • Suspend or terminate your account;
  • Limit your ability to post or interact with others;
  • Report illegal activity to law enforcement;
  • Pursue legal action to protect Wagter and our users.

We may use automated tools and human review to detect violations. You may appeal enforcement decisions by contacting appeals@wagters.com.

5. Intellectual Property Rights

The Service and its original content (excluding user Content), features, and functionality are and will remain the exclusive property of Wagter and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by Wagter. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Wagter shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

7. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WAGTER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAGTER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Wagter and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use of the Service, your Content, or your violation of these Terms.

9. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

10. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may do so by following the instructions on the Service or contacting us. All provisions of the Terms which by their nature should survive termination shall survive termination.

12. Contact Information

If you have any questions about these Terms, please contact us:

  • Email: legal@wagters.com
  • Postal: Wagter Legal Department, 123 Tech Street, San Francisco, CA 94105, USA
Note: These Terms of Service are provided for transparency purposes and do not constitute legal advice. If you require jurisdiction-specific terms or have questions about how these Terms apply to you, please consult with a qualified legal professional or contact us directly.