Wysr Terms of Service
Effective Date: May 3, 2023
1. Overview.
1.1. Introduction. This Wysr Terms of Service agreement (these “Terms of Service”) is an agreement between you (referred to in these Terms of Service as “you” or “your”) and Wysr, LLC, a Virginia limited liability company (referred to in these Terms of Service as “Wysr, LLC”, “we”, “us”, or “our”). We provide mobile apps and desktop extensions (collectively, the “Wysr Apps”) and a website located at wysrquotes.com (collectively, together with any subdomains of wysrquotes.com, the “Wysr Website”) through which we deliver thoughtfully curated inspirational quotes and messages tailored to the ages of our users. The Wysr Apps, the Wysr Website, and any and all related content and services are collectively referred to as “Wysr”. In these Terms of Service, “User” (or “user”) refers to a person who accesses or uses Wysr, “Person” (or “person”) means any individual, business entity, governmental entity, legal entity, or any legal person, “Affiliate” means any other Person, directly or indirectly controlling, controlled by or under common control with the subject Person, and “Wysr Parties” means Wysr, its Affiliates, and the officers, directors, shareholders, members, managers, employees, attorneys, and agents of any of Wysr or of any of its Affiliates. You agree to read these Terms of Service carefully.
2. Users Under Age 15. Wysr is intended for use only by people who are at least fifteen (15) years old. If you are not at least fifteen (15) years old, you must not access or use Wysr.
3. Privacy Policy. Our Privacy Policy, located at wysrquotes.com/privacy-policy (our “Privacy Policy”), explains how we collect and use your information. You agree to read our Privacy Policy, and you acknowledge and agree that the provisions of our Privacy Policy are made a part of these Terms of Service and are binding upon you and us.
4. Updates to these Terms of Service. As technology changes and as our business grows and develops, we may modify these Terms of Service and our Privacy Policy from time to time. When we modify these Terms of Service, we will give you notice by posting the amended Terms of Service on Wysr Website and, if the changes meaningfully affect your rights or obligations, by e-mail (if you have provided us with your e-mail address as part of your Account Information). The amended Terms of Service will include an effective date, and the amended Terms of Service will be effective on that date. However, any changes to the governing law or venue provisions set forth in Section 12 will not apply to any disputes for which we and you have received actual notice on before such effective date. If you continue to access or use Wysr after the Terms of Service are amended, you agree to be bound by the revised Terms of Service. If you do not agree with the updated Terms of Service, you agree that you will promptly (1) discontinue your use of Wysr, and (2) contact us at info@wysrquotes.com to request that your Wysr Account be closed.
5. Description of Wysr. Wysr provides thoughtfully curated inspirational quotes and messages tailored to each user’s age (based on the user’s year of birth). You acknowledge and agree that Wysr is always evolving and that we may, at any time and without notice to you, add or remove features or functionality of Wysr or modify or discontinue Wysr, in whole or in part. Wysr may contain links to third party websites or advertisements or promotions for third party products and services. We are not responsible for any content, products, or services provided by others. The inclusion of any link to such sites or advertisements or promotions of such products or services does not imply endorsement by any of the Wysr Parties.
6. Registration. In order to access most of the features of Wysr, you must register with us and create an account (a “Wysr Account”) and have an active Wysr Subscription (as defined below). Our registration process currently requires you to complete a signup form (including providing your year of birth) and either (a) provide your e-mail address and select a password, or (b) login using your account with Apple or Google (each, a “Login Provider”). The Login Provider will provide us with certain information about you (or associated with you) from your account with the Login Provider (an “Associated Account”) at the time you create your Wysr Account and on a continuing basis afterward. As used in these Terms of Service, “Account Information” means all information associated with a user’s Wysr Account, including information from an Associated Account that is provided to us by a Login Provider, and any other information that the user provides to us in connection with the user’s Wysr Account.
7. Permission to Use Wysr. Subject to your compliance with these Terms of Service, we grant you permission to access and use Wysr and Wysr Materials (as defined below). The permission for you to use Wysr and Wysr Materials is further conditioned on the following: (a) you will not permit any person to access or use Wysr through your Wysr Account; (b) you will not publish, disclose, or share any of Wysr Materials with any other person except through the sharing features made available as part of the Wysr Apps; (c) you will comply with all of the provisions of these Terms of Service. If you violate these Terms of Service, your permission to use Wysr, Wysr Website, and Wysr Materials will automatically terminate, and you will not be entitled to any refund of payments made to us. Your permission to access and use Wysr is personal, non-exclusive, non-assignable, non-sublicensable, and may be limited or revoked by us at any time. We reserve the right, in our sole discretion, to refuse service, to suspend or terminate your Wysr Account, and/or to require you to purchase a Wysr Subscription in order to continue using some or all of the features of Wysr.
8. Wysr Subscription.
8.1. Generally. In order to access most of the features of Wysr, including our daily quotes, a user must have an active subscription to use Wysr (a “Wysr Subscription”). We may allow you to have a Wysr Subscription on a free trial basis, subject to all of the terms and conditions of these Terms of Service. If you have a current Wysr Subscription, you are granted permission to use the available subscription features of Wysr for the duration of your Wysr Subscription. We may change the price of a Wysr Subscription at any time, but no such price changes will apply to any user’s Wysr Subscription until it is renewed.
8.2. Payment.
8.2.1. Website Purchase. You may purchase a Wysr Subscription for yourself or for any other person using the Wysr Website. If you purchase a Wysr Subscription through the Wysr Website, you acknowledge and agree that you will provide complete and accurate billing contact and payment information as requested by us (your “Payment Information”). We currently use Stripe, Inc. (“Stripe”), a third party payment processor, to process payments for Wysr Subscriptions. Your Payment Information collected through the Wysr Website is transmitted directly to Stripe and is not stored by us. You acknowledge and agree that the processing of payments for Wysr Subscriptions is subject to the Stripe Terms of Service (https://stripe.com/us/terms) and the Stripe Privacy Policy (https://stripe.com/us/privacy) and that we are not responsible for any acts or omissions of Stripe. If you purchase a Wysr Subscription through the Wysr Website, upon completion of such purchase, we will provide you with a Wysr Subscription activation code that you may use yourself or gift to another person.
8.2.2. In-App Purchase. Some of the Wysr Apps may allow you to purchase a Wysr Subscription for yourself as an in-app purchase. Payments for in-app purchases will be processed by Apple or Google (as applicable), will automatically renew at the current price until you cancel the Wysr Subscription, and will be subject to the applicable policies and terms provided by Apple or Google (as applicable).
8.2.3. Taxes. The price we charge for Wysr Subscriptions does not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying any Taxes associated with your purchase of a Wysr Subscription (excluding any taxes assessable against us based on our income, property, and employees).
8.3. Renewal. As a convenience to you, for Wysr Subscriptions purchased through the Wysr Website, we (or Stripe) may send you a reminder notice informing you when your Wysr Subscription is expiring and due for renewal, but we have no obligation to do so.
8.4. Cancellations and Refunds. All purchases of Wysr Subscriptions are final. You may close your Wysr Account at any time, but we will not issue you a refund. We reserve the right to cancel your Wysr Subscription at any time and for any reason, including without limitation for your violation of any provision of these Terms of Service. If we cancel your Wysr Subscription for any reason other than for a violation of these Terms of Service, we will issue you a pro-rata refund for the remaining, unused portion of your Wysr Subscription, which will be your sole and exclusive remedy in the event of such cancellation or termination.
9. Feedback. We encourage you to send us messages, feedback, or data, including, for example, ideas, comments, suggestions, or questions about Wysr or any other product or service (collectively, “Feedback”). You agree not to send us any information or ideas that are sensitive or confidential, and you agree that any Feedback we receive from you will not be considered confidential. You grant us a worldwide, royalty-free, non-exclusive, transferable, sublicensable, perpetual, and irrevocable license to record, use, practice, copy, modify, adapt, create derivative works of, store, host, publish, publicly perform, publicly display, distribute, communicate, and transmit your Feedback in any and all media or distribution methods (now known or later developed), to exercise all Intellectual Property Rights in and to your Feedback. We will be entitled to use the Feedback for any commercial or other purpose whatsoever (including, for example, developing, improving, producing, providing, or marketing products and services) without compensation to you or any other person sending the Feedback, and we will not be under any obligation to tell you if and how we use the Feedback. The provisions of this Section 9 will continue to apply even if you stop using Wysr and will survive the expiration, cancellation, or termination of these Terms of Service.
10. Intellectual Property Rights.
10.1. Generally. You acknowledge and agree that except as otherwise expressly stated in these Terms of Service, Wysr, LLC (or its third-party licensors) own all Intellectual Property Rights in and to Wysr, together with all content and materials displayed, transmitted, performed, included, or provided on or through Wysr, including without limitation all text, titles, photos, graphics, logos, designs, audio and video transmissions and recordings, and other content (collectively, “Wysr Materials”). Except as otherwise expressly provided in these Terms of Service, we retain all rights in and to Wysr and Wysr Materials. As used in these Terms of Service, “Intellectual Property Rights” means intellectual property rights arising from or in respect of the following, whether protected, created or arising under the laws of the United States or any other jurisdiction: (a) fictional business names, trade names, company and corporate names, trademarks and service marks (whether registered or unregistered, including any applications for registration of any of the foregoing), logos, Internet domain names, and trade dress rights, together with the goodwill associated with any of the foregoing (collectively, “Marks”); (b) inventions, patent applications, and patents issued therefrom in the United States and in all other countries, including all continuations, divisionals, continuations-in-part, inventions registrations, re-examinations, registrations, renewals, utility models, reissues and the like corresponding thereto; (c) copyrights and registrations and applications therefor; (d) proprietary and confidential information which constitute trade secrets, such as proprietary and confidential know-how, inventions, discoveries, concepts, ideas, methods, processes, designs, formulae, technical data, drawings, specifications, and data bases in each case excluding any of the foregoing to the extent the rights therein comprise or are protected by copyrights or patents; (e) publicity rights, including without limitation the right to use a person’s name, image, photo, portrait, voice, sound-alike, likeness, and persona for advertising, marketing, promotional, trade, business, and commercial purposes; and (f) moral rights, sui generis database rights, and privacy rights.
10.2. Our Trademarks. The Wysr and the graphics, icons, logos, service names, designs, and layouts associated with Wysr are the trademarks, service marks, or trade dress of Wysr, LLC in the United States and/or other countries. You acknowledge and agree that you will not use any of our Marks (including as part of other marks and/or Internet domain names) in connection with any product or service in any manner that is likely to cause confusion or dilution of our Marks. All other Marks are the property of the respective owners.
11. Disclaimers and Limitation of Liability.
11.1. YOUR USE OF WYSR, THE WYSR MATERIALS, AND ALL CONTENT AND INFORMATION THAT IS PROVIDED OR CAN BE ACCESSED USING WYSR IS AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE WYSR PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO WYSR, THE WYSR MATERIALS, AND ALL CONTENT AND INFORMATION THAT IS PROVIDED OR CAN BE ACCESSED USING WYSR, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NONE OF THE WYSR PARTIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, COMPLETENESS, APPROPRIATENESS, SAFETY, OR AVAILABILITY OF WYSR, THE WYSR MATERIALS, OR ALL CONTENT AND INFORMATION THAT IS PROVIDED OR CAN BE ACCESSED USING WYSR.
11.2. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE WYSR PARTIES WILL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON ARISING OUT OF, RELATED TO, OR ASSOCIATED WITH (A) YOUR USE OF WYSR, (B) THE USE OF WYSR BY ANY OTHER PERSON, OR (C) THE OPERATION OR MALFUNCTION OF WYSR, REGARDLESS OF WHETHER OR NOT THE WYSR PARTIES (OR ANY OTHER PERSONS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF THE WYSR PARTIES TO YOU OR ANY OTHER PERSON FOR ANY REASON AND UPON ANY CAUSE OF ACTION (WHETHER BASED IN TORT, CONTRACT, OR ON ANY LEGAL OR EQUITABLE GROUND OR THEORY OF RECOVERY) ARISING OUT OF OR RELATING TO YOUR USE OF WYSR WILL BE LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR THE TOTAL FEES PAID FOR YOUR WYSR SUBSCRIPTION PURSUANT TO THIS THESE TERMS OF SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING SUCH LIABILITY. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.
11.3. SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION 11. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION MAY NOT APPLY TO YOU.
12. Governing Law and Venue. These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States, without regards to the conflicts of law provisions of any jurisdiction. Without limiting the foregoing provision, the parties agree that the Virginia Uniform Computer Information Transactions Act, Virginia Code §§ 59.1-501.1 et seq. (“UCITA”), is expressly excluded from these Terms of Service and that any and all terms contained in UCITA will have no force and effect on any portion of these Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. If any ambiguity or question of intent or interpretation arises, these Terms of Service will be construed as if drafted jointly by us and you, and no presumptions or burden of proof will arise favoring or disfavoring us or you by virtue of authorship of any of the provisions of these Terms of Service. We retain all rights at law and in equity to enforce the provisions of these Terms of Service in accordance with applicable laws. Any and all claims and disputes arising out of or relating to these Terms of Service will be commenced and maintained only in a state or federal court of competent subject matter jurisdiction situated or located in Albemarle County, Virginia or the City of Charlottesville, Virginia. You and we both consent to the exclusive personal jurisdiction of and venue in any such court (and in any of the appropriate appellate courts therefrom) and irrevocably waive, to the fullest extent permitted by applicable law, any objection (including without limitation any objection based on inconvenient forum) which you or we may now or hereafter have to venue in any such court.
13. Termination. We reserve the right, without any liability to you other than a pro rata refund when required pursuant to Section 8.4 above, to suspend, disable, delete, close, or terminate your Wysr Account and to suspend or terminate your permission to access and use Wysr for violation of these Terms of Service or for any other reason. If you wish to end your relationship with us, you may request the closure of your Wysr Account at any time by contacting us at info@wysrquotes.com. These Terms of Service and all rights and permission granted by us to you will automatically terminate upon the closure, deletion, or termination of your Wysr Account. Any termination, cancellation, or expiration of these Terms of Service notwithstanding (and notwithstanding the closure, deletion, or termination of your Wysr Account or your stopping using Wysr), Sections 10, 11, and 12, and any other provisions which are by their terms intended to survive and continue will so survive and continue.
14. Miscellaneous. Nothing in these Terms of Service will be construed as creating any partnership, joint venture, franchise, employment relationship, or agency relationship in any way between you and any of the Wysr Parties. You will not have apparent or actual authority to bind any of the Wysr Parties to any debt, contract, or other arrangement. Nothing in these Terms of Service is intended, nor will be deemed, to confer any rights or remedies upon any person other than the Wysr Parties and you. The failure of you or us to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of your or our right to do so later. If any provision of these Terms of Service is finally determined to be void, unenforceable, invalid, or otherwise contrary to law or equity, you and we agree to reform these Terms of Service to the extent necessary to cure (or if necessary, delete) such provision, and that the remainder of these Terms of Service that can be given effect without the benefit of such provision will be given effect. These Terms of Service are personal to you. Neither these Terms of Service nor any of your rights or obligations may be sold, transferred, delegated, or assigned by you without our prior written consent, and any attempt to do so without such consent will be void, and no rights will devolve by operation of law or otherwise upon any assignee, receiver, liquidator, trustee, or other person. Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of the parties and their respective successors, assigns, and legal representatives. The descriptive headings in these Terms of Service are inserted for convenience only and do not constitute a part of these Terms of Service. These Terms of Service contain the entire agreement and understanding between you and us with respect to the transactions contemplated hereby, and these Terms of Service supersede and replace any other prior or contemporaneous agreements, terms, or conditions applicable to the subject matter of these Terms of Service.
15. Contacting Us. If you have any questions about Wysr, these Terms of Service, or our Privacy Policy, you may contact us by email at info@wysrquotes.com.
