Waystones Terms of Service
Effective Date: June 20, 2023
The Agreement is a binding contract between you and SilverLogic LLC (the “Company,” “we,” or “us”), which operates waystones.io and the (the “Site”) and the Waystones mobile applications (the “Applications”). For purposes of this Agreement, the Site and the Applications together shall be the “Services.”
We reserve the right to change, modify, or replace this Agreement at any time. Your continued use of the Services following notification of any changes to these this Agreement shall constitute acceptance of the revised Agreement.
1. Use of the Services
(a) The Services may only be used or accessed by individuals who are at least 18 years of age. You represent that you are at least 18 years of age and possess the capacity to enter into an enforceable binding contract.
(b) The Services do not provide financial advice of any kind. The content provided on the Services is intended solely for educational and informational purposes and is not intended to provide specific financial advice. You agree not to rely on any information contained in the Services as financial advice.
(c) You must create an account (“Account”) to access most features of the Services. You agree that all information you provide to the Services is, and will at all times be, truthful, accurate, and complete. You agree to update your Account information as necessary to keep the information therein truthful, accurate, and complete. The Company may offer enterprise accounts which allow such enterprise users to invite other users as Account holders within the same enterprise account (each, an “Enterprise Account”).
(d) The Company reserves the right to refuse to offer the Services to any person. Your access to the Services may be revoked, limited, or modified at any time and without notice. The Company may terminate or suspend your Account at any time and without notice.
(e) The Company shall not be responsible for the integrity or loss of any data you upload to the Services.
(f) You agree not to use the Services to:
- share Content (as defined below) that is illegal, abusive, untrue, harassing, or inappropriate, as determined solely by the Company;
- misuse or misrepresent the ownership of intellectual property, including (without limitation) copyrights, trademarks or patents;
- perform, or assist in the performance, any act or omission which could be deemed illegal in any jurisdiction;
- disrupt, or attempt to disrupt, the security, connectivity, data, or up-time of the Services; or
- make fraudulent purchases.
(a) All information, data, photographs, videos, audio, text, illustrations, comments, and other content added, created, uploaded, submitted, distributed, or posted to the Services by users in any way (collectively, “Content”), is the sole responsibility of the person who originated such Content. You acknowledge that the Company does not actively monitor or censor Content
(b) Although the Company has no requirement to do so, the Company may, in its sole discretion, edit, modify, remove, delete, or block access to any Content for any reason and without notice.
(c) You represent that all Content provided by you is truthful, accurate, and complete in all ways. By submitting Content through the Services, you grant the Company a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable, and fully transferable license to use, share, and otherwise distribute, and make derivatives of, the Content for any purpose related to the Company’s business. Derivatives may include any medium, including the creation of templates utilizing your Content. This license shall continue indefinitely after termination of your Account.
3. Third Party Linking
(a) There may be links to various third party websites or mobile applications on the Services. The Company has no affiliation with such third parties and you agree to access third party links solely at your own risk. The Company shall in no way be responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such third party link, nor any resulting or related damage. The inclusion of a third party link on the Services does not imply any relationship or endorsement between the Company and the third party.
4. In-App Purchases
(a) You may elect to purchase (“In App Purchase”) certain items, services, or applications designed to enhance the performance of the Services. When you make an In App Purchase, you are doing so through Apple iTunes service and you are agreeing to Apple’s iTunes’ Terms and Conditions.
5. Payments and Billing
(a) Transactions for services offered by the Company may be completed online through the use of third party payment processing services (“Processors”) utilized by the Company. The Company and the Processors may receive updated credit card information from your credit card issuer or bank. Such updated information is provider at the discretion of your credit card issuer. The Company shall in no way be responsible for any breach of security or privacy by any Processor.
(b) Each Account holder agrees to pay the monthly subscription fee described on the Services; provided, however, that Enterprise Account holders may elect to pay for all Accounts underneath such Enterprise Accounts. You agree to pay in full all fees, including recurring fees, indicated on the corresponding signup page on the Services. Pricing is subject to change at any time and without notice, after which you will be billed at the then-current rate. All prices are in United States denominations unless otherwise noted. The Company shall not be responsible for typographical errors found within the Services.
(c) You may cancel your Account at any time through the appropriate option on your account page in the Services. The Company may also terminate your Account at any time and without notice. Upon cancellation, your access to the Account will immediately cease and you will have no further payment obligation to the Company. Any fees paid to date at the time of cancellation shall be non-refundable and all provisions of this Agreement relating to your obligations to the Company other than payment shall continue.
6. NO WARRANTY; LIMITATION OF DAMAGES
(a) The Services and the Content are provided “as-is” with no warranty of any kind, whether express or implied. The information and Content available through the Services may not be accurate and you agree not to rely on any such information as medical advice.
(b) The Company shall in no way be responsible for any losses, liabilities, or damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your use of, reliance on, or interaction with the Services or your relationship with the Company.
(c) Without limiting the generality of this Section 6, in no event shall the Company or its subsidiaries, parents, or affiliates, and its and their officers, agents, partners, and employees (collectively, the “Affiliates”), total liability to you for any cause whatsoever exceed the amount paid by you to the Company.
(a) You agree to defend, indemnify, and hold harmless the Company and its Affiliates from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your use of the Services.
8. Terms Specific to Apple Devices
(a) By accessing the Application on any Apple, Inc. (“Apple”) device, the following additional terms shall apply:
- you and the Company acknowledge that this Agreement is made solely between you and the Company, and not with Apple. Apple is not responsible for the Application or the Content and that Apple has no responsibility to furnish maintenance or support for the Application;
- you will not use the Application on any Apple device that you do not own or control;
- in the event of any failure of the Application to conform to any applicable warranty, Apple’s sole warranty obligation to you will be to refund to you the purchase price (if any) of the Application;
- you acknowledge and agree that the Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- you acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- both you and the Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
9. Additional Terms
(a) This Agreement shall be governed by the laws of Florida without regard for the conflict of laws. You agree that any dispute arising from or relating to this Agreement shall be brought and heard exclusively in the courts of Palm Beach County, Florida. In the event of litigation arising hereunder, the prevailing party shall be entitled to reimbursement by the non-prevailing party for its reasonable attorneys’ fees and costs.
(b) This Agreement represents the complete and final understanding between you and the Company with respect to the Services, including use of the Applications and the Site, and supersedes all prior or contemporaneous communications and proposals, including previous versions of these Terms of Service.
(c) If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited the minimum extent necessary so that the remainder of this Agreement may be enforced to the maximum extent possible.
(d) The failure or delay of either you or the Company to exercise any right under this Agreement shall not be deemed a waiver of such right.
(e) This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction or notice.
(f) Neither you nor the Company shall be liable for any delay or failure to perform hereunder to the extent that such is caused by an event of force majeure which affects performance by hindering, delaying or making considerably more difficult the fulfilment of commitments of the party.