Terms of Services
SOFTAREX TECHNOLOGIES INC
WAITO reserves the right to make changes or updates with respect to the Content or the format thereof at any time without notice. WAITO also reserves the right to terminate or restrict your access to the Website, Application and Services or any portion thereof for any reason whatsoever at its sole discretion.
Please note that your login, number, name and profile picture may be publicly available to other users and some search engines may index your name and profile photo.
You expressly acknowledge and agree that in order to provide the Services, WAITO may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Services. When providing your mobile phone number, you must provide an accurate and complete number in order to access various WAITO’s Services. You hereby give your express consent to WAITO to access your contact list and/or address book for mobile phone numbers in order to provide and use the Services.
The following rules govern the security of your Account:
a. You shall not share the Account with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;
b. In the event you become aware of or reasonably suspect any breach of security of your Account, you must immediately notify WAITO;
c. You are solely responsible for all uses of your Account, including “in-app” purchases, whether or not they authorized by you; and
d. You are solely responsible for any unauthorized use of your Account.
The following restrictions and conditions apply to the use of the Website, Application or Service and creating and maintaining your Account:
- You shall not create an Account or access the Website if you are under the age of 13;
- You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Website by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;
- Unless otherwise agreed to by WAITO in writing, you can not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party; and
- You shall not use your Account to engage in any illegal conduct.
You may also access the Website, Application, and Services by logging in using an authorized third party social network account, such as a Facebook or LinkedIn account. By doing so, you authorize WAITO to collect your personal profile and activity information from that third party social network (e.g., Facebook ® LinkedIn®, Instagram® and others).
Please note that if, for example, you opt to use your Facebook account to login to our Website and/or Application and use our Services or interact with other user of the Service, WAITO is able to access all of your data in connection with your Facebook account, including, without limitation your friends list, pictures you posted or those posted of you on Facebook, businesses and stories you “liked,” places you visited, etc. This information you provide is used for such purposes as allowing you to set up your Account to interact with other users through the Services, improving the content of the Services, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from WAITO or third party vendors.
Use of the Website, Application and Services
You agree not to access (or attempt to access) the Services by any means other than those provided by WAITO or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website, Application or Services (or the servers and networks which are connected to the Website, Application or Services).
Further, you agree:
- not to disrupt or interfere with any other user’s enjoyment of the Website, Application or Services or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website, Application or Services any viruses or other harmful, disruptive, or destructive files;
- not to access or attempt to access any Content, which you are not authorized to access under the terms herein; and
- not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Application Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website, Application or Services or any affiliated or linked sites.
Additional Terms for Application: If you download the WAITO Application from any application store or distribution platform (like the Apple App Store or Google Play) where the Application is made available (each, an “Application Provider”), then you acknowledge and agree that:
- The Application Provider has no obligation to furnish any maintenance and support services with respect to the Application.
- In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider will refund the purchase price for the Application to you (if applicable) and to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WAITO.
- The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You agree to comply with all applicable laws and regulations.
Information and Materials Provided By You
When you provide User Submission via our Services, you hereby grant to WAITO a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully sub licensable and transferable license under any and all intellectual property rights that you own or control to publish, reproduce, distribute, perform, display, adapt, modify and prepare derivative words of, and otherwise use your User Submission in connection with our Services. We will not pay you or otherwise compensate you for any User Submission you provide to WAITO.
You can remove the User Submission that you posted by specifically deleting it. In certain instances, however, some User Submission (such as posts or comments you make) may not be completely removed on the Service and copies of your User Submission may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Submission on the Service.
Terms and Termination.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WAITO WEBSITE, APPLICATION OR SERVICES IN ANY WAY.
Links to Other Sites; Third Party Materials and Transactions
The Website, Application and Services may include links to other Websites and/or third party products or materials and that are not under WAITO’s control (collectively, “Third Party Materials”). Waito shall not be responsible in any way for such Third Party Materials. WAITO provides such links only for the convenience of the users of the Website, Application and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by WAITO of the content, products and/ or services of such Third Party Materials.
You acknowledge and agree that the Services provided through this Website and/or Application, among other things may enable you to make purchases and obtain third party products and services (each a “Transaction”). You further acknowledge and agree that WAITO is not responsible for the quality or any other aspect of services of any third party or other user and shall not have any liability or responsibility to you or any other third person with regard to products or services obtained through WAITO’s Services. You acknowledge and agree that any dispute regarding the Transaction shall be between You and that third party or another user, and not against WAITO.
Copyright, trademark and all other proprietary rights in the Website, Application, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with WAITO and/or its licensors. Unless otherwise specifically provided herein or authorized by WAITO in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, Application or Services, other than in conjunction with the Services offered by WAITO through the Website and/or Application.
WAITO hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website and/or Application are the properties of their respective owners. WAITO disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WAITO HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, APPLICATION, SERVICES OR THE CONTENT. WAITO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE APPLICATION, WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. WAITO DOES NOT WARRANT THAT THE APPLICATION, WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS APPLICATION OR WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY WAITO ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by WAITO in writing, contractors, agents, dealers or distributors of WAITO or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
You understand and agree that by using the Website, Application and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, Application and Services at your own risk.
IN NO EVENT SHALL WAITO OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, APPLICATION OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, APPLICATION OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE AND/OR APPLICATION THAT ARE DELAYED OR INTERRUPTED, EVEN IF WAITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST WAITO PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, APPLICATION AND SERVICES MUST BE COMMENCED AND NOTIFIED TO WAITO IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
Notice and Procedure for Making Claims of Copyright Infringement
It is WAITO policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WAITO Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying WAITO and its affiliates that your copyrighted material has been infringed.)
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website, Application or Service;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
WAITO Copyright Agent for notice of claims of copyright infringement on the Website, Application and/or Service can be reached as follows:
Attention: WAITO Copyright Agent
Address: 901, N.Pitt str, Alexandria, Virginia, 22314, Suite 170
E-mail: [email protected]
Unlawful or Prohibited Use
Ending Your Relationship with Waito
You are solely responsible for cancelling your User Account, which you may do by emailing WAITO at: [email protected] .
If the Website, Application and/or Services are not available for any period or any time, WAITO shall not be liable. WAITO gives no warranties as to the accessibility, performance, or availability of the Website, Application or Services. Temporary suspension of access to the Website, Application and/or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. WAITO reserves the right to suspend the operation of the Website, Application or Services. You agree that neither WAITO nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the Services and products on the Website and/or Application.
Waito will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of WAITO.
Agreement to Deal Electronically
All transactions with or through the Website, Application or Services may, at WAITO’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website, Application or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
WAITO does not bear any responsibility nor assumes any risks if by any reason a product or a service made available through the Websites breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2020 SOFTAREX TECHNOLOGIES INC. All rights reserved. The Website and Application and accompanying services and documentation are the copyrighted property of SOFTAREX TECHNOLOGIES INC., and protected by copyright laws and international intellectual property treaties.