Effective date: January 22, 2023
These Terms of Service (the “Terms”) form an agreement between you and us concerning your use of the Both Wise mobile application and its social networking service (“Both Wise”). TheTerms are the rules you must agree to if you useBoth Wise, otherwise, your use will be deemed a violation of the Terms.
You should read and agree to the Terms in conjunction with other applicable agreements and policies that apply on Both Wise. We strive to reference all of them under these Terms, but you should also check the legal side of the Both Wise app for all applicable agreements and policies.
By using Both Wise, you agree to the terms, conditions, and rules described in the Terms. If you do not agree to these Terms, it’s best that you refrain from using Both Wise.
1. Both Wise; Eligible Individuals
Both Wise is a social networking application that is designed to encourage one-on-one conversations and general interaction between its users. Users can connect, grow their network, and keep them updated through their feeds. Users can also interact with other users via a public message board.
Both Wise is provided for the purposes described above and not for anything else. By using Both Wise, you agree to use it for its intended purposes and any additional features, services, and purposes that may be added to it later.
To comply with applicable laws and make Both Wise safe for all users, we limit our target to individuals who are at least 17 years of age (or the majority age in your location) and can form a binding agreement, such as the Terms.
2. Account Creation and Privacy
To use the services and features on the Both Wise app, you are required to create an account and submit personal information that may be used to identify you, verify you, and create a profile for you. By creating an account and submitting personal information, you represent and warrant that the information you submit is accurate and complete and that you will correct any inaccurate information via your profile settings area when your information changes.
Furthermore, we encourage one account per individual. You understand that you will be violating the Terms if you create multiple accounts on Both Wise. We reserve the right to terminate one or all of your accounts if we discover that you have more than one. You reserve the right to delete your account at any time by using the “Delete My Account” button in the settings area of your account.
We strive to collect only the personal information we need for you to use Both Wise, and we employ certain practices to keep your information safe from unauthorized access and use. The collection, use, and disclosure, and the many rights you have concerning the information we collect when you use Both Wise, are described in our Privacy Policy. Please read it along with the Terms and agree to it.
3. Your Generated Content
“Content” under this section refers to any file, picture, comment, or post a user submits on public portions of Both Wise, including their feeds, message boards, and other users’ posts.
Any content you upload on Both Wise is your property – we do not claim any ownership of it. However, we need your license to upload and host your content on Both Wise. Therefore, by submitting any content on Both Wise, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, transferable, sublicensable license and right to upload, host, display, copy, reproduce, modify, transmit, publish, create derivative works, store, distribute, translate, and make your content available publicly, and use it with respect to Both Wise, including in connection with promoting, advertising, and marketing Both Wise on any platform, social media, or channel (known now or later developed). You also agree that this license may be granted to other users to the extent it does not infringe on your intellectual property rights. You have the right to withdraw this license at any time by deleting the content on Both Wise.
The contents submitted by users on Both Wise are not always screened, reviewed, or monitored for violations of these Terms and Community Guidelines. We do not represent that we endorse any content on Both Wise. Therefore, to the extent applicable law permits, you release us from any losses or liabilities incurred from your reliance on any content posted by another user.
Nevertheless, we strive to make Both Wise safe for all users. We reserve the right to screen, review, and monitor user content for violations of the Terms and Community Guidelines or any other ethical standard before we host them on Both Wise. Specifically, you may not post content that infringes on any third-party intellectual property rights. We also need your help: you should report any content you believe violates any ethical standard, specifically content that goes against our Community Guidelines. We reserve the right to take any action we deem fit over any user content we believe violates the Terms, including deletingthe content and terminating the user account for repeated violations.
4. Other User Content
We do not represent that we endorse any content posted by any user on Both Wise. Contents posted by users are not our views, we merely act as a repository. The contents posted by other users remain their intellectual property rights as you retain the rights to your content. As with the license granted to you over our content (described below), you may only use other users’ content to the extent we or the user permits it.
5. Both Wise Content
The other contents on Both Wise that do not belong to you and other users, (including but not limited to the articles, texts, graphics, photographs, images, audio, videos, design, sounds, look and feel, source codes, logos, artwork, and other property on Both Wise, as well as any software, databases, domain name, trademarks, trade dress, and trade name), are our property and are licensed to us under copyright and other intellectual property rights in the United States and everywhere else.
Subject to your eligibility to use Both Wise and compliance with the Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to access and use the Both Wise content that you have gained proper access to, including downloading any portion, for your personal, non-commercial use.
The license we grant you above does not includethe (i) modification or resale of any content; (ii) copying of any of our description, phrases, pricing, and other marketing content; or (iii) the use of our trademarks with any other product that may cause confusion. We reserve all the rights that are not granted to you under the Terms.
6. Usage Rules
You understand that your use of Both Wise must be in accordance with the Terms and applicable laws.
When using Both Wise, including interacting with other users and submitting content, you must:
(i) comply with all applicable laws and ethics, including without limitation, copyright laws, intellectual property laws, and anti-spam laws when interacting with Both Wise;
When using Both Wise, including interacting with other users and submitting content, you must NOT:
(i) misrepresent your identity or submit any inaccurate information, especially publicly;
We encourage you to report any user actions that go against the provision of the Terms by contacting us at info@bothwise.com or any reporting feature that we may provide. We reserve the right to investigate and take actions, including terminating the user’s account, if we receive a report of the user violating the Terms.
7. Termination
You understand that we reserve the right to suspend, limit, or terminate your account at any time for any reason, including if we believe that your use violates the Terms, any applicable law, or any ethical behavior. You also may terminate your account by deleting your account through your profile area. Upon the termination of your account – either by you or us – the Terms shall terminate, except for any provision under the Terms that by their nature is expected to survive (including without limitation, the dispute resolution, disclaimer, and limitation of liability provisions).
8. App Distributor Terms
If you download the Both Wise app from either the Google or Apple Play Stores (each an “App Distributor”), this section applies to you. By downloading the Both Wise app through an App Distributor, you agree that:
• The Terms are solely between you and us and not with the App Distributor and that we (and not the App Distributor) are responsible for providing the app, including the content on it. If the usage rules in the App Distributor terms of service are stricter than the Terms or conflict with the Terms, the usage rules in the App Distributor terms of service shall prevail.
• The App Distributor has no obligation to offer any maintenance or support services with respect to the Both Wise app. We are responsible for any maintenance and support services with respect to the Both Wise app.
• The App Distributor is not responsible for any warranties, issues, liabilities, and costs applicable to the Both Wise app. If the Both Wise app fails to conform to any warranties, it shall be our responsibility and not the App Distributor.
• We are responsible for any claims you or any third party may have with respect to the Both Wise app, including product liability claims, non-conformance to legal requirements claims, consumer protection or similar legislation claims, or intellectual property claims.
• The App Distributor is a third-party beneficiary of the Terms and that upon you agreeing to the Terms, the App Distributor shall be able to enforce the Terms against you as a third-party beneficiary.
If the Terms conflict with any App Distributor terms of service, the App Distributor terms of service shall prevail.
9. Disclaimer of Services
YOU UNDERSTAND THAT BOTH WISE AND ALL ITS SERVICES, FEATURES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND – WHETHER EXPRESS OR IMPLIED – INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, ACCURACY, RELIABILITY, AND NON—INFRINGEMENT.
• WE DO NOT WARRANT THAT BOTH WISE IS PERFECT, RELIABLE, OR SAFE OR THAT THE MATCHING ALGORITHM WORKS TO YOUR SATISFACTION.
• WE DO NOT REPRESENT THAT YOUR EXPECTATIONS ON BOTH WISE WILL BE MET.
• WE DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION AVAILABLE ON BOTH WISE SHOULD BE RELIED ON OR IS VALID.
• WE DO NOT WARRANT THAT BOTH WISE WILL RUN AT ALL TIMES WITHOUT DOWNTIME OR BE UNINTERRUPTED.
• WE DO NOT REPRESENT THAT WE CONDUCT BACKGROUND CHECKS ON USERS, NOR DO WE ENDORSE ANY USER CONTENT OR THE ADVERTS, LINKS, AND CONTENT FROM THIRD PARTIES.
• WE DO NOT WARRANT THAT BOTH WISE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL SOFTWARE OR PROGRAMS FROM OTHER USERS AND THIRD PARTIES.
• WE DO NOT WARRANT THAT YOUR PERSONAL INFORMATION AND CONTENT ARE SECURE FROM UNAUTHORIZED ACCESS, ALTERATION, OR USE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE THAT WE (AND OUR DIRECTORS, AGENTS, OWNERS, EMPLOYEES, AFFILIATES, AND PARTNERS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES (INCLUDING LOSS OF PROFIT, REVENUE, TIME, INTEGRITY, GOODWILL, OR DATA) THAT MAY ARISE UNDER ANY LEGAL THEORY FROM YOUR USE OF BOTH WISE – EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLE OCCURRENCE OF THE DAMAGE.
NEVERTHELESS, IT IS POSSIBLE THAT APPLICABLE LAW FINDS US LIABLE FOR ANY DAMAGES YOU MAY SUFFER. IF THAT HAPPENS, YOU AGREE THAT OUR TOTAL LIABILITY SHALL NOT EXCEED THE SUM OF $100.
SOME STATES, LOCATIONS, AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR DAMAGES. IF THESE STATES, LOCATIONS, OR JURISDICTIONS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITIES SHALL NOT APPLY TO YOU.
11. Indemnification
The actions you take on when you use Both Wise are your responsibility. Therefore, you hereby agree to defend, indemnify, and hold us (and our directors, agents, owners, employees, affiliates, and partners) harmless from and against any claims, disputes, demands, damages, liabilities, losses, cost, and expenses (including reasonable attorneys’ fees and expenses) arising as a result of or in connection with your (i) use of Both Wise and any of the services, features, and content; (ii) breach or violation of the Terms or any applicable law; (iii) infringement of any third party copyright or intellectual property rights; or (iv) your use of any third-party services.
12. Copyright Infringement Reporting
We are against Both Wise users submitting user content that infringes on a third party’s copyright. We attend to copyright infringement claims in accordance with the Digital Millenium Copyright Act (DMCA). If you are a user or a third party and you believe that a content submitted by a user on Both Wise infringes on your copyright or intellectual property rights, you may send a takedown notice to us using the procedures below, and we will take it down if it qualifies.
Takedown Notice Procedure
Send your takedown notice to us at info@bothwise.com and include the information below:
• Detailed information about the content that is infringed on, including the part of Both Wise it exists on.
• Your contact information that we may respond to (this may include your name, mailingaddress, and/or phone number).
• Include the statement “I declare that I have a good faith belief the alleged infringer was not authorized to use the infringed content” in the takedown notice.
• Include the statement “I declare, under penalty of perjury, that the information I have provided in this takedown notice is accurate and true” in the takedown notice. If you are an agent, include “I declare that I am authorized by the copyright owner to make this takedown notice.”
• A physical or electronic signature of the reporter (this may be the owner of the alleged infringing content or their designated agent).
Counter-notice
If you are a user whose content has been removed due to a copyright infringement notice, you may send a counter-notice if you believe your content was removed by misidentification using the procedures and submitting the information described below:
• Your name and contact information, including your phone number, mailing address, and/or email address.
• The description of the content that we removed due to copyright infringement notice.
• Include the statement “I consent to the jurisdiction of Federal District Court for the judicial district where my address is, or if I am located outside of the United States, for which any judicial district of New York, and I will accept service process from the individual who provided the infringement notification or their authorized agent.”
• Include the statement “I declare, under penalty of perjury, that I have a good faith belief that the content was removed as a result of misidentification or mistake.”
• Your physical or electronic signature.
When we receive your notice, we will contact the person who initiated the infringement notice and give them 10 days to respond. If they do not respond within 10 days, we may, at our discretion, restore the content on Both Wise.
13. Dispute Resolution; Applicable Law
This section applies to any disputes between you and us. You agree that if you have any claims, disputes, or disagreements with us with respect to Both Wise, you shall contact us at info@bothwise.com to try and settle it informallyfor at least 30 days. Then if we are unable to come to an informal resolution, you have the right to pursue a lawsuit.
a. Applicable law and jurisdiction: The Terms and all aspects of Both Wise shall be governed by and construed in accordance with the laws of the State of New York, US, without regard to conflict of law and its provisions. With respect to any disputes not subject to informal resolution or binding arbitration (as set forth below), you agree not to commence or prosecute any action other than in the State and Federal courts located in the State of New York. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such courts.
b. Binding arbitration: If we are unable to agree on an informal resolution for at least 30 days, either of us may elect to have the dispute settled by binding arbitration subject to the terms described herein (excluding the exceptions in sub-section 13(d) below). Any election to arbitrate by either of us shall be binding on the other. The arbitration shall be commenced and conducted in line with the Commercial Arbitration Rules of the American Arbitration Application (AAA), and where appropriate, the AAA’s supplementary procedures for Consumer Related Disputes (AAA Consumer Rules). Both rules may be found on the AAA’s website at www.adr.org. The decision of a dispute being qualified for arbitration shall be determined using the Federal Arbitration Act in a court rather than by an arbitrator. Your arbitration fees and share of the arbitration compensation shall be governed by the AAA Consumer Rules. The arbitration may be conducted through the submission of documents, in person, by phone, or online by mutual agreement. The arbitrator shall pass judgment in writing but need not provide reasons unless either of us requests. If the arbitrator does not follow applicable laws, either you or we may challenge the arbitrator.YOU UNDERSTAND THAT ABSENT THIS ARBITRATION PROVISION, YOU HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
c. Arbitration restrictions: You hereby agree that arbitration shall be limited to the dispute between you and us. To the maximum extent permitted by law: (i) no arbitration shall be joined with another, (ii) no dispute shall be arbitrated on a class-action basis or utilize class-action procedures, and (iii) no dispute shall be brought in a purported representative capacity on behalf of another person or the public.
d. Exceptions: You hereby agree that the following disputes shall not be subject to informal resolution or binding arbitration: (i) any dispute seeking to enforce or protect (or concerning the validity of) any party’s intellectual property rights; (ii) any dispute relating to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (ii) any claim from injunctive relief.
14. Sanctions and Export Policy
Both Wise is provided in the United States. However, certain users may be from other parts of the world. Like most services, Both Wise reacts to sanctions and export controls. You may not download or use Both Wise or re-export it for use in any location that violates any applicable law. By using Both Wise, you represent that you are not located in any country that is a subject of a United States government embargo; or a location that has been designated by the United States government to be a terrorist-supporting county; or a location that is listed under an international organization list of prohibited parties.
15. Third-Party Content
Some parts of Both Wise may contain links, adverts, and content from third-party entities and services. The existence of any of such links, adverts, or content on Both Wise does not represent our endorsement that they are reliable, safe, or credible. We do not represent that we monitor the content and services of such links,adverts, and content, nor are they governed by the Terms. You should review the terms and policies of the respective providers of these links, adverts, and content before you access their services. You hereby release us from any losses, damages, andliabilities that may be associated with any third-party links, adverts, or content that may exist on Both Wise.
16. Entire Agreement
The Terms represent the entire agreement between you and us with respect to your use of Both Wise. The Terms – together with the other referenced agreements and policies – supersede any previous agreements, promises, covenants, and understanding between you and us – whether oral or in writing.
17. Severability
If any portion or provision under the Terms is found to be invalid or unenforceable by any applicable law, such a portion or provision shall be deemed severable from the Terms, and it shall not affect the remaining valid and enforceable portions or provisions.
18. Waiver
If you violate a provision of the Terms and we delay or fail to enforce our right or take an action, it shall not mean that we cannot enforce that right later or on similar violations. No waiver under the Terms shall be valid except where we put it in writing.
19. Force Majeure
If we are unable to provide any portion of Both Wise, or there is a delay as a result of any event outside our reasonable control (including internet breakdown, riots, government intervention, acts of God, etc.), we shall not be held liable for any liabilities or damages the delay or failure may cause you.
20. Assignment
You may not assign, transfer, or license your rightsor account under the Terms to any third party without written approval from us to that effect. We, on the other hand, may assign our duties to third parties.
21. Electronic Communications
When you use Both Wise, as well as when youcontact us via email, you are communicating with us electronically. We also may communicate with you electronically through Both Wise, email notices, and our agreements and policies. By using Both Wise, you consent to electronic communications, and you agree that electronic communications, including via our agreements and policies, satisfy any legal requirement.
22. Modifications
We may revise and modify any clause, section, or provision under the Terms from time to time, and such modifications will be posted on this page. We will make efforts to communicate any modificationsto you via your account or any portion on Both Wise. Nevertheless, you agree to frequently review this page to be kept abreast of any modifications.
23. Contact us
If you have any questions, inquiries, concerns, feedback, review, issues, claims, or reports regarding the Terms or the entire Both Wise services and features, please use the “Contact Us” feature on the Both Wise app or our email address at info@bothwise.com.
24. To deactivate or delete your account, please follow these steps