Terms of Use

Last Updated: November 23, 2024

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1. General Provisions

1.1. Definition of Parties

1.1.1. These Terms of Use (hereinafter referred to as the "Terms") govern the relationship between The Good App FZCO (hereinafter referred to as the "Company") and an individual (hereinafter referred to as the "User") who uses the mobile application Wispl (hereinafter referred to as the "Application").

1.2. Acceptance of the Terms

1.2.1. By using the Application, the User fully and unconditionally agrees to the terms of these Terms of Use.

1.2.2. If the User does not agree with the terms herein, they must immediately cease using the Application.

1.3. Changes to the Terms

1.3.1. The Company reserves the right to amend these Terms at any time without prior notice to the User.

1.3.2. The new version of the Terms comes into effect from the moment it is published in the Application or on the website wispl.app/termsofuse.

1.4. Age Restrictions

1.4.1. The Application is intended for individuals who are at least 17 years old.

1.4.2. Upon registration, the User confirms their age. If false information is provided, the Company has the right to delete the Account without notice.

1.4.3. The User is responsible for the accuracy of the age information they provide.

1.4.4. If you are under 17 years old, you are not permitted to use the Application, create an Account, or provide any personal data to the Company.

 

2. Terms and Definitions

2.1. Application — the Wispl software designed for mobile devices, providing users with the ability to create and fulfill wishes, interact with other users, and share moments.

2.2. User — an individual who is at least 17 years old, has accepted the terms of these Terms, and uses the Application.

2.3. Account — the User's account created during registration in the Application.

2.4. Content — any materials, including text, photos, videos, audio, graphics, and other information posted by the User in the Application.

2.5. Paid Services — additional features and content provided on a paid basis, such as the subscription Wispl Member (1 month).

 

3. Registration and Account

3.1. Registration

3.1.1. To access the functionality of the Application, the User must complete the registration process by providing accurate and up-to-date information.

3.1.2. Registration is carried out using an Apple ID or Google Account.

3.2. User Requirements

3.2.1. The User confirms that they are at least 17 years old.

3.2.2. The User agrees to provide accurate and up-to-date information during registration and when using the Application.

3.2.3. By registering and using the Application, the User agrees that their personal data will be processed by the Company in accordance with the Privacy Policy.

3.2.4. The Privacy Policy is available at: https://www.wispl.app/privacypolicy.

3.2.5. If the User does not agree with the terms of personal data processing, they must cease using the Application.

3.2.6. The User may withdraw their consent to the processing of personal data at any time by deleting their Account or contacting the Company using the contact details provided in the Privacy Policy.

3.2.7. Withdrawal of consent may result in the inability to use the Application.

3.2.8. The Company may transfer the User's personal data to third parties in cases and under conditions specified in the Privacy Policy, including but not limited to service providers, partners, and government authorities in accordance with the law.

3.3. Account Security

3.3.1. The User is responsible for the security of their account credentials and agrees not to disclose them to third parties.

3.3.2. In case of unauthorized access to the Account or loss of credentials, the User must immediately notify the Company via email: amir@wispl.app.

3.3.3. The Company will take reasonable measures to restore Account security after receiving notification from the User.

3.4. User Information

3.4.1. Upon registration, the User agrees to provide accurate and up-to-date information, including date of birth, first name, last name, and nickname.

3.4.2. Information provided by the User during registration, such as date of birth, first name, last name, and nickname, cannot be changed through the Application interface after the Account is created.

3.4.3. If it is necessary to change this information (e.g., due to an error or name change), the User may contact the Company's support service via email: amir@wispl.app. The Company will review the request and may make changes after conducting the necessary verification.

 

4. License to Use the Application

4.1. Granting of License

4.1.1. The Company grants the User a non-exclusive, non-transferable, revocable license to use the Application in accordance with the terms of these Terms.

4.2. Usage Restrictions

4.2.1. The User is prohibited from:

• 4.2.1.1. Copying, modifying, distributing, or creating derivative works based on the Application.

• 4.2.1.2. Decompiling, disassembling, or otherwise attempting to obtain the source code of the Application.

• 4.2.1.3. Using the Application for commercial purposes without prior written consent from the Company.

4.3. Use of Location Data

4.3.1. The Application may collect and process the User's location data to provide location-based features and services (e.g., displaying wishes and events near the User).

4.3.2. Collection of location data is carried out using standard functions of iOS and Android operating systems, as well as Firebase services.

4.3.3. Collection and use of location data is only conducted with the explicit consent of the User. The User may disable access to location data at any time through their device settings or the Application.

4.3.4. Location data is processed and stored in accordance with our Privacy Policy (https://www.wispl.app/privacypolicy).

 

5. Rights to User Content

5.1. Ownership Rights

5.1.1. The User retains all rights to the Content they post in the Application.

5.2. License to the Company

5.2.1. By posting Content in the Application, the User grants the Company a non-exclusive, royalty-free, worldwide, perpetual license with the right to sublicense to use, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, publicly perform, and display such Content within the scope of providing the Application's services, its promotion, and development.

5.2.2. The Company has the right to modify, adapt, publish, distribute, and otherwise use the User's Content within the scope of providing the Application's services and its marketing without additional consent from the User and without payment of any compensation.

5.3. User Warranties and Responsibility

5.3.1. The User warrants that they possess all necessary rights to the Content they post and that its posting does not infringe upon the rights of third parties.

5.3.2. The User is solely responsible for all Content they post in the Application and any consequences of its publication.

 

6. Community Rules and Principles

6.1. User Obligations

6.1.1. The User agrees to adhere to the following rules when using the Application:

• Respect and Tolerance: Insults, humiliation, threats, discrimination, profanity, and other forms of disrespectful behavior are prohibited.

• No Spam: Spam, advertising, and unwanted content are prohibited.

• No Begging: Posting requests for financial assistance or other forms of solicitation is prohibited.

• Legal Compliance: Content involving or implying illegal activities, including sexual services, sale of weapons, drugs, alcohol, etc., is prohibited.

• Prohibition of Sexual Content: Pornographic materials or solicitations for sexual activities are prohibited.

• Ban on Violence and Dangerous Organizations: Content promoting violence or supporting dangerous organizations is prohibited.

• Prohibition of False Information: Dissemination of false or fake information is prohibited.

• Ban on Fraud and Deception: Any forms of fraud and deception are prohibited.

• No Bullying and Harassment: Harassment or aggressive behavior towards other users is prohibited.

• Prohibition of Intellectual Property Violations: Infringement of copyrights and other intellectual property rights is prohibited.

6.2. Consequences of Violations

6.2.1. Any violation of the above rules may result in the removal of Content, temporary or permanent blocking of the Account.

6.2.2. In cases of serious violations or suspicions of illegal activities by the User, the Company reserves the right to forward relevant information to competent government authorities in accordance with applicable law.

6.3. Prohibition of Unauthorized Access and Automated Actions

6.3.1. The User is prohibited from using any automated means (including bots, scripts, scrapers) to access the Application, collect data, or otherwise interact with the Application without prior written consent from the Company.

6.3.2. The User is prohibited from taking actions aimed at bypassing or interfering with security measures, access restrictions, or other technical protective means of the Application.

 

7. Moderation and Responsibility

7.1. Company Rights

7.1.1. The Company has the right, but not the obligation, to moderate Content posted by Users.

7.2. Enforcement Measures

7.2.1. In case of the User violating the terms of these Terms or applicable law, the Company may:

• 7.2.1.1. Remove or block prohibited Content.

• 7.2.1.2. Restrict the User's access to the Application temporarily or permanently.

• 7.2.1.3. Forward information about the violation to competent authorities in accordance with the law.

7.2.2. In case of Account blocking due to violation of the terms of these Terms or applicable law, the User is not entitled to a refund for Paid Services, including the remaining subscription period.

7.3. User Responsibility

7.3.1. The User is personally responsible for the Content they post and their actions within the Application.

7.4. Disclaimer of Liability

7.4.1. The Company is not responsible for the actions of Users, including posting unlawful Content or engaging in other actions that violate the law or the rights of third parties.

7.4.2. The Company is not liable for any damage or losses resulting from interactions between Users or from using the Application improperly.

7.5. Procedure for Reporting Violations

7.5.1. If a User or rights holder believes that Content posted in the Application infringes upon their rights or the terms of these Terms, they may report it to the Company via email: amir@wispl.app.

7.5.2. The Company will review the complaint and take necessary measures, including removing or blocking the Content upon confirmation of the violation.

7.5.3. The Company reserves the right to remove or block Content without prior notice to the User in case of violation of the Terms or legal requirements.

7.5.4. The Company agrees to review the User's complaint or report within thirty (30) calendar days from the date of receipt.

7.5.5. If additional time is required to review the complaint or report, the Company will notify the User of the extended review period and indicate the expected completion date.

7.6. Third-Party Content

7.6.1. The User understands and agrees that while using the Application, they may encounter Content that is inaccurate, offensive, obscene, or otherwise objectionable.

7.6.2. The Company is not responsible for such Content posted by other Users and is not liable for any losses or damages resulting from interactions with such Content.

 

8. Application Updates and Changes

8.1. Updates

8.1.1. The Company may periodically release updates, patches, and new versions of the Application.

8.2. Changes to Functionality

8.2.1. The Company reserves the right to modify or discontinue providing the Application or its functionality at any time without prior notice.

8.3. Modification or Discontinuation of Services

8.3.1. The Company reserves the right to modify, suspend, or terminate the provision of the Application or any part of it at any time without prior notice.

8.3.2. The Company is not liable to the User or third parties for any modification, suspension, or discontinuation of the Application or its functionality.

8.4. Automatic Updates

8.4.1. The Application may automatically download and install updates, patches, and new versions to improve functionality and security.

8.4.2. The User agrees that the Company may provide such updates without additional notice or obtaining additional consent, and that the User will automatically receive and install them.

 

9. Disclaimer of Warranties

9.1. Provision "As Is"

9.1.1. The Application is provided "as is" without any explicit or implied warranties.

9.2. No Warranties

9.2.1. The Company does not guarantee that the Application will meet the User's requirements or operate uninterrupted and error-free.

9.3. Disclaimer of Accuracy and Reliability Warranties

9.3.1. The Company does not guarantee the accuracy, completeness, timeliness, or reliability of any Content or services provided through the Application.

9.3.2. The User understands and agrees that using the Application is at their own risk.

 

10. Limitation of Liability

10.1. Disclaimer of Liability

10.1.1. The Company is not liable for:

• 10.1.1.1. Any indirect, incidental, special, punitive, or consequential damages.

• 10.1.1.2. Damages resulting from the use or inability to use the Application.

• 10.1.1.3. The content and accuracy of Content posted by Users.

• 10.1.1.4. Loss of data, profits, revenues, business reputation, or other intangible losses arising from the use or inability to use the Application.

• 10.1.1.5. Any actions or content of third parties, including other Users.

10.2. Maximum Liability

10.2.1. The maximum aggregate liability of the Company to the User is limited to the amount equal to the cost of Paid Services paid by the User over the last 12 months, to the extent permitted by applicable law.

10.3. Indemnification

10.3.1. The User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• 10.3.1.1. The User's violation of the terms of these Terms;

• 10.3.1.2. The User's infringement of third-party rights, including intellectual property rights or privacy rights;

• 10.3.1.3. Any actions or omissions by the User in connection with the use of the Application.

10.4. Exceptions

10.4.1. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, the Company's liability is limited to the maximum extent permitted by applicable law.

 

11. Dispute Resolution

11.1. Dispute Resolution Procedure

11.1.1. All disputes arising from or in connection with these Terms shall be resolved through negotiations between the parties.

11.2. Legal Proceedings

11.2.1. If an agreement is not reached, the dispute shall be submitted to a competent court at the Company's place of registration in accordance with the laws of the UAE.

11.3. Mandatory Arbitration and Waiver of Class Actions

11.3.1. All disputes, disagreements, or claims arising from or in connection with these Terms shall be resolved through mandatory arbitration in accordance with the Rules of the Dubai International Arbitration Centre (DIAC).

11.3.2. The place of arbitration is Dubai, United Arab Emirates.

11.3.3. The language of the arbitration proceedings is English.

11.3.4. The parties waive the right to participate in any class actions or collective proceedings against each other.

 

12. Applicable Law

12.1. Choice of Law

12.1.1. These Terms are governed by and construed in accordance with the laws of the United Arab Emirates.

12.2. International Users

12.2.1. The Company does not guarantee that the Application is available or appropriate for use in other countries. Users accessing the Application from outside the UAE do so on their own initiative and are responsible for complying with local laws.

 

13. Links to Third-Party Resources

13.1. Disclaimer

13.1.1. The Application may contain links to third-party websites or services not owned or controlled by the Company.

13.1.2. The Company is not responsible for the content, privacy policies, or practices of any third-party websites or services.

13.2. Third-Party Services and Integrations

13.2.1. The Application may contain links or integrations with third-party services that are not owned or controlled by the Company.

13.2.2. The Company is not responsible for the content, privacy policies, or practices of third-party websites or services. The User acknowledges and agrees that the Company is not liable for any damage or loss arising from the use of or reliance on such content, goods, or services available on or through any such websites or services.

 

14. Changes to the Terms

14.1. Right to Change

14.1.1. The Company has the right to make changes to these Terms. The updated version of the Terms will be published in the Application or on the website wispl.app indicating the date of the last update.

14.2. Notification of Changes

14.2.1. The updated version of the Terms will be published on this page. Continued use of the Application after changes have been made constitutes the User's agreement to the updated terms.

14.3. Consent to Changes

14.3.1. Continued use of the Application after changes have been made to these Terms or the Application signifies the User's acceptance of the updated terms and changes.

 

15. Termination

15.1. Termination by the User

15.1.1. The User has the right to cease using the Application at any time by deleting their Account.

15.2. Termination by the Company

15.2.1. The Company has the right to terminate the User's access to the Application in case of violation of the terms of these Terms or applicable law.

15.2.2. In case of Account blocking due to violation of the Terms, funds for the remaining subscription period are not refunded unless otherwise provided by law or the platform's terms.

 

16. Force Majeure Circumstances

16.1. Release from Liability

16.1.1. The Company is not liable for delays or failures in the Application's operation caused by force majeure circumstances, including but not limited to natural disasters, wars, terrorist acts, civil unrest, actions of governmental authorities, etc.

 

17. Language of the Terms and Interpretation

17.1. Language Priority

17.1.1. These Terms may be translated into other languages for user convenience. In case of discrepancies between versions in different languages, the version in English shall prevail.

 

18. Support and Feedback

18.1. Contact Information

18.1.1. If you have any questions or suggestions regarding these Terms or the operation of the Application, please contact us:

• Email: amir@wispl.app

• Mailing Address: The Good App FZCO, Dubai Silicon Oasis, DDP, Building A1, Dubai, United Arab Emirates.

• Website: wispl.app

18.2. Feedback and Suggestions

18.2.1. Any feedback, suggestions, ideas, or other materials provided by the User to the Company in connection with the Application ("Feedback") are non-confidential and may be used by the Company without limitation.

18.2.2. The User grants the Company a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback for any purpose, including improving and promoting the Application.

 

19. Enforcement and Sanctions

19.1. Enforcement Measures

19.1.1. In case of the User violating the terms of these Terms, the Company has the right to apply the following measures:

• 19.1.1.1. Warning: Send a notice to the User about the violation.

• 19.1.1.2. Blocking: Temporary or permanent blocking of the Account.

• 19.1.1.3. Content Removal: Remove prohibited or rule-violating Content.

• 19.1.1.4. Legal Actions: Contact competent authorities to take measures in accordance with the law.

 

20. Advertising and Marketing

20.1. Display of Advertising

20.1.1. The Application may display advertisements and marketing materials.

20.1.2. The User agrees that the Company has the right to place such information without additional notice.

 

21. Paid Services and Subscriptions

21.1. Provision of Paid Services

21.1.1. The Application offers access to additional features and content through a paid subscription ("Paid Services"), such as the subscription Wispl Member (1 month).

21.2. Payment Terms

21.2.1. Payment Methods: Payment for Paid Services is made through payment systems App Store or Google Play.

21.2.2. Payment Processing: All payments are processed by the respective platform. We do not collect or store your payment details.

21.3. Subscription and Automatic Renewal

21.3.1. Automatic Renewal: The subscription automatically renews at the end of each paid period unless you cancel it in advance.

21.3.2. Subscription Cancellation: You can cancel the subscription at any time through your account settings in the App Store or Google Play. Cancellation will take effect after the current paid period ends.

21.3.3. Trial Period: If a free trial period is provided, it will automatically convert into a paid subscription upon completion unless you cancel it in advance.

21.4. Refund Policy

21.4.1. No Refunds: All payments for Paid Services are final and non-refundable unless otherwise provided by law or the terms of the App Store or Google Play platforms.

21.4.2. Refund Requests: If you have questions about refunds, please contact the support of the respective platform.

21.5. Account Blocking and Paid Services

21.5.1. Blocking for Violation: In case you violate the terms of these Terms or the law, we have the right to block your Account regardless of whether you have an active subscription.

21.5.2. Refunds upon Blocking: In case of Account blocking due to violation of the Terms, funds for the remaining subscription period are not refunded unless otherwise provided by law or the platform's terms.

21.6. Changes in Prices and Terms

21.6.1. Notification of Changes: We reserve the right to change prices and terms of providing Paid Services. We will notify you of any changes in advance.

21.6.2. Right to Refuse: If you do not agree with the new terms, you can cancel your subscription before the changes take effect.

21.7. Taxes and Fees

21.7.1. Tax Responsibility: You are responsible for paying all applicable taxes and fees related to the purchase of Paid Services.

21.8. Limitation of Liability in Payments

21.8.1. Third Parties: We are not responsible for errors or delays in payment processing caused by payment systems or other third parties.

 

22. Notifications

22.1. Methods of Notification

22.1.1. All notifications between the Company and the User are carried out through:

• Email: To the address provided by the User during registration (if provided).

• Application: By displaying messages or notifications within the Application.

22.2. Consent to Electronic Communications

22.2.1. By using the Application, the User agrees to receive electronic communications from the Company, including notifications, agreements, legal disclosures, and other communications.

22.2.2. The User acknowledges that such electronic communications satisfy any legal requirements for written communications and have the same legal force as documents on paper.

 

23. Export Control

23.1. Compliance with Laws

23.1.1. The User agrees to comply with all applicable export control laws and sanctions.

23.1.2. The Application cannot be used in jurisdictions where its use is prohibited by law.

23.1.3. The User agrees not to use or provide access to the Application in jurisdictions subject to sanctions, embargoes, or other export restrictions imposed by the UAE, USA, EU, or other applicable authorities.

 

24. Privacy Policy

24.1. Acceptance of the Privacy Policy

24.1.1. By using the Application, the User agrees to the terms of our Privacy Policy, which is an integral part of these Terms.

24.1.2. The Privacy Policy is available at: https://www.wispl.app/privacypolicy.

 

25. Final Provisions

25.1. Severability

25.1.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

25.2. Waiver of Rights

25.2.1. Failure or delay by the Company in exercising any right or provision of these Terms does not constitute a waiver of such right or provision and does not affect the ability of the Company to enforce it in the future.

25.3. Assignment of Rights

25.3.1. The Company has the right to transfer or assign its rights and obligations under these Terms without the User's consent.

25.3.2. The User does not have the right to transfer or assign their rights and obligations under these Terms without the prior written consent of the Company.