Terms & Conditions

1. Eligibility

You must be at least 13 years old to use the Service as a guest.

You must be at least 18 years old to create or operate a merchant account, enter into a subscription, or act on behalf of a business through the Service.

If you use the Service on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

2. The Service

yWaldo is a platform that allows merchants to create and manage promotional deals for products or locations, and allows guests to discover, unlock, and use those deals.

Some deals may require a guest to complete a sharing flow before unlocking the deal. The exact requirements, availability, terms, and redemption rules for any deal may vary.

We may change, suspend, or discontinue any part of the Service at any time.

3. Accounts

You must create an account to use the Service.

You agree to provide accurate, current, and complete information, and to keep your account information updated.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us promptly if you believe your account has been accessed or used without authorization.

We may suspend or terminate accounts that violate these Terms or create risk for the Service or other users.

4. Merchant Accounts and Merchant Responsibilities

If you create or manage a merchant account, you are solely responsible for:

• the business information, locations, logos, images, descriptions, promotions, and other content you publish through the Service;
• ensuring your deals are lawful, accurate, and honored as described;
• ensuring you have all rights, licenses, permissions, and approvals necessary for content you upload and offers you publish;
• complying with all laws, regulations, platform rules, advertising requirements, and consumer protection obligations that apply to your offers, promotions, and business activities.

You may not publish false, misleading, deceptive, unavailable, expired, bait-and-switch, or unlawful deals.

You are solely responsible for taxes, disclosures, fulfillment, limits, exclusions, and redemption conditions associated with your deals, unless we expressly state otherwise in writing.

5. Guest Use of Deals

Guests may browse, unlock, save, and redeem deals subject to these Terms and any deal-specific conditions presented in the Service.

A deal may have conditions such as:

• redemption windows;
• per-user or per-account limits;
• location restrictions;
• inventory or availability limits;
• share-to-unlock or similar requirements;
• subscription-tier restrictions.

Unlocking or viewing a deal does not guarantee that it will remain available, redeemable, or unchanged.

Merchants, not yWaldo, are responsible for the goods, services, pricing, availability, and fulfillment related to merchant offers, except to the extent required by law.

6. Subscriptions, Billing, and Automatic Renewal

Certain features of the Service may require a paid subscription, including merchant subscriptions and guest subscriptions.

By purchasing a subscription, you authorize us and our payment processor to charge the applicable recurring subscription fee, taxes, and any other disclosed charges using your selected payment method.

Unless otherwise stated at the time of purchase:

• subscriptions automatically renew at the end of each billing period;
• your payment method will be charged on a recurring basis until you cancel;
• you may cancel at any time before the next renewal to avoid future charges.

We will present material subscription terms, including price, billing frequency, and cancellation information, at or before checkout.

You may manage or cancel your subscription through Account Settings | Subscriptions | Manage.

If required by applicable law, we will provide an online method for cancellation.

We may change subscription pricing or features upon prior notice as required by law. Price changes will take effect on a future billing cycle after notice.

7. Payments

Payments are processed by third-party payment providers, including Stripe.

You agree to provide valid payment information and authorize the applicable charges.

We do not store full payment card numbers.

Except as required by law or expressly stated by us in writing, fees are non-refundable once charged.

8. Merchant Content License

As between you and yWaldo, you retain ownership of content you upload to the Service.

However, by uploading or submitting any logos, photos, descriptions, business information, location information, promotions, or other content ("Merchant Content"), you grant yWaldo a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify for formatting and display, distribute, publish, publicly display, and otherwise use that Merchant Content as necessary to operate, improve, promote, and provide the Service.

You represent and warrant that:

• you own or control all rights necessary to grant this license;
• your Merchant Content does not infringe, misappropriate, or violate any third-party rights;
• your Merchant Content is accurate and not misleading.

9. Acceptable Use and Prohibited Conduct

You agree not to:

• violate any law, regulation, or third-party right;
• upload infringing, deceptive, defamatory, obscene, hateful, harassing, harmful, or unlawful content;
• impersonate another person or business;
• use another business's name, trademark, logo, or content without authorization;
• create fake offers, misleading promotions, or fraudulent redemptions;
• interfere with or disrupt the Service;
• bypass security, access controls, or rate limits;
• scrape, crawl, copy, or extract data from the Service except as expressly permitted by us;
• use bots or automation to create accounts, unlock deals, redeem offers, or abuse the platform;
• reverse engineer, decompile, or attempt to derive source code from the Service except where prohibited by law;
• use the Service to transmit malware, spam, or malicious code;
• attempt to gain unauthorized access to other accounts or systems;
• use the Service in a way that harms users, merchants, or yWaldo.

We may investigate violations and take any action we reasonably believe is appropriate, including removing content, suspending accounts, canceling subscriptions, or terminating access.

10. Honest Reviews and Feedback

Nothing in these Terms is intended to prohibit or restrict anyone from posting or sharing an honest review, opinion, or experience about a business, its products, or its services where protected by law.

That said, you may not post content that is unlawful, knowingly false, infringing, threatening, or otherwise prohibited by these Terms.

If you provide feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use and exploit that feedback without restriction or compensation to you.

11. Intellectual Property

The Service, including its software, design, text, graphics, interfaces, trademarks, and other content provided by yWaldo, is owned by or licensed to yWaldo and is protected by intellectual property and other laws.

Except for the limited rights expressly granted in these Terms, no rights are granted to you.

You may not use yWaldo's name, logo, trademarks, or branding without our prior written consent.

12. Copyright Complaints / DMCA Policy

If you believe content on the Service infringes your copyright, you may send a copyright complaint to:

DMCA Agent: Emerson Bone
Email: emerson@ywaldo.com

Your notice should include:

• identification of the copyrighted work claimed to have been infringed;
• identification of the material claimed to be infringing and enough information for us to locate it;
• your contact information;
• a statement that you have a good-faith belief the disputed use is not authorized;
• a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner;
• your physical or electronic signature.

We may remove or disable access to allegedly infringing material and may terminate repeat infringers in appropriate circumstances.

13. Repeat Infringer Policy

We adopt and reasonably implement a policy of terminating, in appropriate circumstances, users or merchant accounts that repeatedly infringe or are repeatedly accused in substantiated notices of infringing the intellectual property rights of others.

We reserve the right to define what constitutes a repeat infringer or repeated abuse in light of the available facts and applicable law.

14. Third-Party Services

The Service may integrate with or link to third-party services, including payment processors, social media platforms, analytics providers, authentication providers, hosting providers, and email providers.

We do not control third-party services and are not responsible for their acts, omissions, content, terms, or privacy practices.

Your use of third-party services may be subject to separate terms and privacy policies.

15. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

16. Suspension and Termination

We may suspend, restrict, or terminate your access to the Service, remove content, or cancel your account at any time, with or without notice, if:

• you violate these Terms;
• we suspect fraud, abuse, or unlawful conduct;
• your use creates risk to the Service, users, merchants, or us;
• we are required to do so by law;
• or we decide to discontinue the Service or a portion of it.

You may stop using the Service at any time. Subscription cancellation stops future renewal charges but does not automatically entitle you to a refund for the current billing period unless required by law.

Sections that by their nature should survive termination will survive, including ownership, licenses, payment obligations, disclaimers, limitations of liability, indemnity, dispute provisions, and DMCA-related sections.

17. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YWALDO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• ANY DEAL WILL ALWAYS BE AVAILABLE, VALID, HONORED, OR SUITABLE FOR YOUR NEEDS;
• ANY MERCHANT CONTENT WILL BE ACCURATE OR COMPLETE;
• OR ANY DEFECTS WILL BE CORRECTED.

MERCHANTS ARE SOLELY RESPONSIBLE FOR THEIR OFFERS, PRODUCTS, SERVICES, AND CONTENT.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YWALDO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YWALDO'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO YWALDO THROUGH THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE; OR
• $100 USD.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

19. Indemnification

You agree to defend, indemnify, and hold harmless yWaldo and its officers, directors, employees, affiliates, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use of the Service;
• your content;
• your deals, promotions, products, or services;
• your violation of these Terms;
• your violation of any law or third-party right.

20. Changes to the Service or Terms

We may modify the Service or these Terms from time to time.

If we make material changes, we will provide notice as required by law. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the updated Terms.

21. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except to the extent superseded by applicable federal law.

22. Disputes

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in El Dorado County, California, and you consent to the personal jurisdiction and venue of those courts.

23. Contact Information

If you have questions about these Terms, contact us at:

Email: info@ywaldo.com