Privacy policy
Here we are, FlirtApp OÜ (the “Company,” “us” or “we”) is the creator of WAKA, an app for Gen Z, which helps find friends.At WAKA, we take your privacy very seriously. Our top goal is to create products and services that you can use with confidence, knowing that your information will remain secure. We want you to understand your privacy rights and our obligations as a company. For that reason we're describing our practices in plain language, without legal jargon. This Privacy Policy applies as soon as you start using our products and services.
The company responsible for your information under this Privacy Policy is:
Business name: FlirtApp OÜ
Register code: 16171531
Business address: Ehitajate tee 110 Tallinn Harjumaa 13517
Legal address: Ehitajate tee 110 Mustamäe district, Tallinn Harju county 13517,
hereinafter referred to as WAKA
This Privacy Policy applies to websites, applications, events and other services operated by WAKA. For simplicity, we refer to all of these as our “services” in this Privacy Policy.
It goes without saying, we can’t help you develop meaningful connections without some information about you, such as basic profile details and the types of people you’d like to meet. We also collect information about your use of our services such as access logs, as well as information from third parties, like when you access our services through your social media account or when you upload information from your social media account to complete your profile. If you want additional info, we go into more detail below.
Information you give us.
You choose to give us certain information when using our services. This includes:
When you create an account, you provide us with at least one of the following:
-Telegram nickname
-Discord nickname
-email address
-Address of a blockchain wallet,
as well as some basic details necessary for the service to work, such as your gender and date of birth.Registration of Users is done through a third-party application - Telegram. Telegram is an intermediary between the WAKA service and the Users; therefore, personal data and information provided by the Users is only collected and stored by WAKA. When registering Users with the service, Telegram does not have access to any User data that is transmitted by them directly to WAKA.When you complete your profile, you can share with us additional information, such as details on your bio, interests and other details about you, as well as content such as photos. To add certain content, like pictures, you may allow your browser to access your camera or photo album.
When you subscribe to a paid service or make a purchase directly from us, you provide us or our payment service provider with information, such as your debit or credit card number or other financial information.
When you participate in surveys, focus groups or market studies, you give us your insights into our products and services, responses to our questions and testimonials.
When you choose to participate in our promotions, events or contests, we collect the information that you use to register or enter. Additionally, we can ask you to provide us with a blockchain wallet to payout your reward. If the promotion or event is sponsored or made in partnership with other entities, then WAKA can provide your personal details (e.g. name, email, blockchain wallet address, your occupation etc.)to those entities.
If you contact our customer care team, we collect the information you give us during the interaction.
If you share with us information about other people (for example, if you use contact details of a friend for a given feature), we process this information on your behalf in order to complete your request.
Information we receive from others
In addition to the information you may provide us directly, we receive information about you from others, including:
Members.
Members may provide information about you as they use our services, for instance as they interact with you or if they submit a report involving you.
Social Media.
You may decide to share information with us through your social media account, for instance if you decide to create and log into your WAKA account via your social media or other account (e.g., Telegram, Discord) or to upload onto our services information such as photos from one of your social media accounts.
Affiliates.
WAKA is part of the Bonding DAO family of projects. Bonding DAO considers the safety and security of members a top priority. If you were banned from another Bonding DAO service, your information can be shared with us through a data entry in the blockchain. This allows us to take necessary actions, including closing your account or preventing you from creating an account on our services.
Other Partners
We may receive information about you from our partners where WAKA ads are published on a partner’s service (in which case they may pass along details on a campaign’s success). Where legally allowed, we can also receive information about suspected or convicted bad actors from third parties as part of our efforts to ensure our members’ safety and security.
Information collected when you use our services.
When you use our services, this generates technical data about which features you’ve used, how you’ve used them and the devices you use to access our services. See below for more details:
Usage Information
Using the services generates data about your activity on our services, for instance how you use them (e.g., when you logged in, features you’ve been using, actions taken, information shown to you, referring webpages address and ads that you interacted with) and your interactions with other members (e.g., members you connect and interact with, when you exchange with them, number of messages you send and receive).
Device information.
We collect information from and about the device(s) you use to access our services, including hardware and software information such as IP address, device ID and type, apps settings and characteristics, app crashes, advertising IDs (which are randomly generated numbers that you can reset by going into your device’ settings), identifiers associated with cookies or other technologies that may uniquely identify a device or browser.
Currently, we do not use cookies or similar technologies (e.g., web beacons, pixels, SDKs) to recognize you and/or your device(s).
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) have a “Do Not Track” (“DNT”) feature that tells a website that a user does not want to have his or her online activity tracked. If a website that responds to a DNT signal receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many businesses, including WAKA, do not currently respond to DNT signals.
The main reason we use your information is to deliver and improve our services. Additionally, we use your info to help keep you safe, and to provide you with advertising that may be of interest to you. Read on for a more detailed explanation of the various reasons for which we use your information, together with practical examples.
A. To administer your account and provide our services to you.
-Create and manage your account
-Provide you with customer support and respond to your requests
-Complete your transactions
-Communicate with you about our services
B. To help you connect with other users.
Recommend you other members to meet, based on information you providedShow members’ profiles to one anotherC. To provide new WAKA services to youRegister you and display your profile on new WAKA featuresAdminister your account on these new featuresD. To operate advertising and marketing campaignsAdminister sweepstakes, contests, discounts or other offersPerform and measure the effectiveness of advertising campaigns on our services and marketing campaigns promoting WAKA off our servicesCommunicate with you about products or services that we believe may interest youE. To improve our services and develop new onesAdminister focus groups, market studies and surveysReview interactions with customer care teams to improve our quality of serviceUnderstand how members typically use the services to improve them (for instance, we may decide to change the look and feel or even substantially modify a given feature based on how members react to it)Develop new features and services (for example, we may decide to build a new interests-based feature further to requests received from members).F. To prevent, detect and fight fraud and other illegal or unauthorized activitiesFind and address ongoing, suspected or alleged violations of our Terms of Use, notably through the review of reports and interactions between membersBetter understand and design countermeasures against violations of our Terms of UseRetain data related to violations of our Terms of Use to prevent against recurrencesEnforce or exercise our rights, for example our Terms of UseCommunicate to individuals who submit a report, what we’ve done as a result of their submissionG. To ensure legal complianceComply with legal requirementsAssist law enforcementFor information on how we process personal information through profiling and automated decision-making, please see our FAQ.To process your information as described in this Privacy Policy, we rely on the following legal bases:Provide our service to you: The reason we process your information for purposes A, B and C above is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, make it viewable to other members and recommend other members to you and to otherwise provide our free and paid features to you and other members.Legitimate interests: We process your information for purposes D, E and F above, based on our legitimate interest. For instance, we analyze users’ behavior on our services to continuously improve our offerings, we suggest offers we think might interest you and promote our own services, we process information to help keep our members safe and we process data where necessary to enforce our rights, assist law enforcement and enable us to defend ourselves in the event of a legal action.Comply with applicable laws and regulations: We process your information for purpose G above where it is necessary for us to comply with applicable laws and regulations and evidence our compliance with applicable laws and regulations. For example, we retain traffic data and data about transactions in line with our accounting, tax and other statutory data retention obligations and to be able to respond to valid access requests from law enforcement. We also keep data evidencing consents members give us and decisions they may have taken to opt-out of a given feature or processing.Consent: If you choose to provide us with information that may be considered “special” or “sensitive” in certain jurisdictions, such as your sexual orientation, you’re consenting to our processing of that information in accordance with this Privacy Policy. From time to time, we may ask for your consent to collect specific information such as your precise location or use your information for certain specific reasons. In some cases, you may withdraw your consent by adapting your settings (for instance in relation to the collection of our precise geolocation) or by deleting your content (for instance where you entered information in your profile that may be considered “special” or “sensitive”). In any case, you may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy.
Though WAKA strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, WAKA is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WAKA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. WAKA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.
WAKA grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by WAKA and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:
-use the Service or any content contained in the Service for any commercial purposes without our written consent.
-copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without WAKA’s prior written consent.
-express or imply that any statements you make are endorsed by WAKA.
-use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
-use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
-upload viruses or other malicious code or otherwise compromise the security of the Service.
-forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
-"frame" or "mirror" any part of the Service without WAKA’s prior written authorization.
-use meta tags or code or other devices containing any reference to WAKA or the Service (or any trademark, trade name, service mark, logo or slogan of WAKA) to direct any person to any other website for any purpose.
-modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
-use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent.
-use, access, or publish the WAKA application programming interface without our written consent.
-probe, scan or test the vulnerability of our Service or any system or network.
-encourage or promote any activity that violates this Agreement.
-WAKA may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
By creating an account, you grant to WAKA a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties such as Telegram, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). WAKA's license to your Content shall be non-exclusive, except that WAKA's license shall be exclusive with respect to derivative works created through use of the Service. For example, WAKA would have an exclusive license to screenshots of the Service that include your Content. In addition, so that WAKA can prevent the use of your Content outside of the Service, you authorize WAKA to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other WAKA members).You agree that all information that you submit upon creation of your account, including information submitted from your Telegram account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to WAKA above.You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.In consideration for WAKA allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to WAKA regarding our Service, you agree that WAKA may use and share such feedback for any purpose without compensating you.Please be informed that WAKA may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
By using the Service, you agree that you will not:
-use the Service for any purpose that is illegal or prohibited by this Agreement.
-use the Service for any harmful or nefarious purpose
-use the Service in order to damage WAKA
-spam, solicit money from or defraud any members.
-impersonate any person or entity or post any images of another person without his or her permission.
-bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
-post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
-post any Content that is hate speech, threatening, sexually explicit or pornographic.
-post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
-post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
-solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
-use another member's account, share an account with another member, or maintain more than one account.
-create another account if we have already terminated your account, unless you have our permission.
WAKA reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that WAKA regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
Although WAKA reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and WAKA cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form.
Generally. From time to time, WAKA may offer products and services for purchase ("in app purchases"). If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or your blockchain wallet) will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize WAKA or the third party account, as applicable, to charge you.
If you purchase an auto-recurring periodic subscription through an in-app (web app) purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
Objections to a payment already made should be directed to Customer support if you were billed directly by WAKA or the relevant third party account such as the App Store. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on WAKA or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts.
If you want to change or terminate your subscription, you will need to log in to your WAKA account and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have stopped WAKA Telegram bot. Deleting your account on WAKA or stopping WAKA Telegram bot does not terminate or cancel your subscription; WAKA will retain all funds charged to your Payment Method until you terminate or cancel your subscription on WAKA or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Additional Terms that apply if you pay WAKA directly with your Payment Method.
If you pay WAKA directly, WAKA may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, WAKA may terminate your account immediately in its sole discretion.
You may edit your Payment Method information by visiting WAKA and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Virtual Items.
From time to time, you may be able to purchase or earn a limited, personal, non-transferable (transferable in case of NFT), non-sublicensable, revocable license to use "virtual items", which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, "Virtual Items"). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when WAKA ceases providing the Service or your account is otherwise closed or terminated. WAKA, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. WAKA may manage, regulate, control, modify or eliminate Virtual Items at any time. WAKA shall have no liability to you or any third party in the event that WAKA exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT WAKA IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For subscribers and purchasers of Virtual Items residing in the Republic of Korea – in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase. Please note that this 7-day period commences upon the purchase.
Except as noted above for members resident in the Republic of Korea, purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.
Pricing.
WAKA operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us.If you contact us regarding alleged copyright infringement, please be sure to include the following information:an electronic or physical signature of 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;a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);your contact information, including address, telephone number and email address and the copyright owner’s identity;a written 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; anda 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.WAKA will terminate the accounts of repeat infringers.
WAKA PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WAKA DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.WAKA TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. WAKA is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. WAKA is not responsible or liable for such third parties' terms or actions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WAKA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WAKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WAKA’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO WAKA FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Except for members residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or WAKA elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against WAKA.By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you assert a claim against WAKA outside of small claims court (and WAKA does not request that the claim be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. WAKA does not take part in dispute settlement procedures in front of a consumer arbitration entity for members residing in the EU or European Economic Area.
For members residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless WAKA, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
This Agreement, which includes the Privacy Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and WAKA regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your WAKA account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind WAKA in any manner.
felling lonely? :)
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