Terms and Conditions of Use

Our App Terms and Conditions are crafted to promote a smooth user experience. Explore the full version below.

Terms and Conditions of Use

Last updated: June 23, 2023

1. Binding Agreement

Use of Wüdya Inc.’s (“Wüdya” and also referred to as "us", "we", or "our" as the context may require)) mobile device application (the “App”) constitutes acceptance of the terms and conditions set out below (the “Terms and Conditions”). If you do not want to be bound by these Terms and Conditions do not use the App and uninstall and delete it from your mobile device.

2. Changes

Changes may be made at any time to the App, any text, guidelines, information, pictures, QR barcodes and other barcodes, videos, audio recordings, data, hyperlinks, displays and other content contained within, generated by or associated with the App (the “Content”) and these Terms and Conditions, without prior notice to you. Your continued use of the App constitutes your acceptance to be bound by these Terms and Conditions and any changes thereto.

Wüdya may alter, modify, update, suspend, discontinue, eliminate, cancel and/or terminate any aspect of the App, including the availability of any and all of its features, at any time, in its sole discretion and without notice. Wüdya may also alter, modify, update, remove, delete, annotate or editorialize any Content at any time, in its sole discretion and without notice.

These Terms and Conditions also govern any updates to, or supplements or replacements for, the App, which may also be subject to additional terms that will accompany such updates, supplements or replacements.

3. Obtaining the App

If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

These Terms and Conditions are concluded between you and Wüdya, and not with any App Provider, and that, as between us and the App Provider, Wüdya is solely responsible for the App.
App Providers have no obligation to furnish any maintenance and support services with respect to the App.
App Providers are not responsible for addressing any claims you have or any claims of any third party relating to the App or your installation of the App on your mobile device (also referred to as “possession of the App”) and use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Wüdya will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
App Providers and their respective subsidiaries and affiliates are third party beneficiaries of these Terms and Conditions with respect to your license of the App, and that, upon your acceptance of these Terms and Conditions, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions with respect to your license of the App against you as a third party beneficiary thereof.
You must also comply with all applicable third party terms and conditions when using the App.
You agree to comply with all Canadian, U.S. and foreign export control laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as an export controlled or sanctioned country or an otherwise prohibited country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

4. Account

Use of the App is limited to individuals who have reached the age of majority in the jurisdiction in which they reside and who otherwise have the capacity to enter into binding agreements. If you have not yet reached the age of the majority in the jurisdiction in which you reside, you are not permitted to create an Account or otherwise use the App.

The App and Content may only be used for lawful purposes. YOU MAY NOT USE THE APP IN ANY JURISDICTION WHERE THE FOREGOING IS PROHIBITED BY APPLICABLE LAWS.

Creation of an account (an “Account”) is required if you want to use certain features of the App. To do so, you must disclose your name and certain information about yourself. You may also create an Account through a pre-existing account you have created with Facebook, Google or such other pre-existing third-party accounts as we may choose to support in the future (notification of which will be provided by allowing selection of such pre-existing accounts on the relevant account-creation screen). Your Account will be created by extracting from your Facebook, Google or other pre-existing third-party account certain personal information (such as your e-mail address) that your privacy settings on the applicable account permit us to access. If such privacy settings do not allow extraction of all required information, you will be required to disclose such information yourself. You will also be asked to supplement any information required for creation of an Account which could not otherwise be extracted from your Facebook and/or Google account.

Certain features of the App are limited to users who have created a premium Account and who have paid all associated registration, subscription and/or usage fees (collectively, “Fees”). Wüdya may increase fees from time to time in its sole discretion without prior notice.

You must provide accurate, complete, and up-to-date information for your Account, and you agree to update such information to the extent required to keep it accurate, complete, and up-to-date. Failure to do so may result in suspension or termination of your Account.

We reserve the right to validate your age to ensure that you have reached the age of majority in the jurisdiction in which you reside but we are not required to do so. If we elect to confirm your age but for whatever reason we cannot do so or we cannot do so with a reasonable degree of certainty, your account will be deleted and you will no longer be permitted to use the App.

As part of the delivery of the features and functionality of the App, Wüdya will send you SMS, e-mails, push notifications and other messages and alerts in accordance with the way you have configured your Account and to inform you of changes or problems. It is important therefore that you keep your contact details in your Account up to date.

5. Use of the App

Use of the App is limited to individuals who have reached the age of majority in the jurisdiction in which they reside and who otherwise have the capacity to enter into binding agreements.

Subject to your continued compliance with these Terms and Conditions, Wüdya hereby grants you a license to use the Content for your personal use and to use the App. Any commercial activity through your Account or any commercial use of Content is strictly prohibited. Without limitation to the foregoing, the Content may not be copied, compiled, harvested, distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Wüdya.

You acknowledge that you are responsible for whatever Content you submit through use of the App, and you, not Wüdya, have full responsibility for such Content, including its accuracy, currency, legality, reliability, appropriateness, and non-infringing nature. You are prohibited from posting or transmitting to or from the App any unlawful, illegal, threatening, libelous, defamatory, obscene, infringing, hateful, harassing or otherwise inappropriate Content.

In connection with your use of the App, you acknowledge and agree that you are strictly prohibited from: (i) committing unauthorized intrusions into any part of the App or related systems which are restricted from general access; (ii) circumventing security provisions in order to improperly access the App; (iii) uploading, posting or transmitting through or on the App any viruses or other harmful, disruptive or destructive files; (iv) using the App to seek or provide advice, opinion, diagnosis or assessment in a professional capacity; and (v) utilizing the App in any other manner so as to interrupt or interfere with the access to and/or usage of the App by another party.

You agree to comply with all applicable laws (including, without limitation, all Canadian Federal, provincial, and local laws and regulations) that may apply to the use of the App or interactions and/or transactions initiated through use of the App.

6. Transactions

The creation and maintenance of a premium Account and the procurement of any pay-per-use feature or any other good or service through the App are subject to the transaction terms and conditions which can be accessed here.

Certain paid features of the App require use of prepaid credits (“Wüdya Credits”) which are applied to and exhausted after use of any such paid features. You acknowledge and understand that Wüdya Credits do not constitute any form of currency and rather constitute units of non-refundable prepaid services. Wüdya Credits can only be used for those paid features of the App that specifically state both acceptance of Wüdya Credits and the required amount of Wüdya Credits. Wüdya credits are non-transferable and cannot be converted to cash or any other type of asset. Wüdya credits are extinguished, without refund, credit or compensation of any sort, upon termination of your Account.

7. Termination

Either party may terminate these Terms and Conditions for convenience upon written notice. Without limitation to the foregoing, if at any time we believe that you have breached these Terms and Conditions or the terms of any other agreement with us, or are using the App improperly or illegally, we may terminate, restrict or suspend your access to the App immediately and/or terminate your Account without notice to you. In the event of termination all provisions relating to intellectual property (except for any express or implied licenses granted to you), all indemnification obligations, all disclaimers and all limitation and exclusion of liability provisions will survive any such termination or any termination of the agreement formed by these Terms and Conditions, regardless of the reason for such termination and regardless of whom initiates termination.

8. Personal Information

The App is designed to provide you with a personalized experience and personalized Content that is tailored for you and identify potential companions and provide you with the opportunity to be introduced to such companions and otherwise interact with them. The App is also designed to identify and provide you with third party offers and promotions that are tailored for you. As a result, your use of the App necessarily entails collection of personal information about you and use and disclosure of such personal information. It also entails you receiving personal information about other users of the App.

By using the App, you acknowledge and confirm that you have read Wüdya’s privacy policy available here and that you provide your consent in regard to any and all activities, tasks, practices and undertakings discussed in such privacy policy relating to the collection, use, disclosure, storage, communication, transmission, modification, retention and destruction of your personal information. Please ensure that you have read and understand our privacy policy.

Without limitation to the generality of the foregoing, your provision of registration information and any submissions you make through your use of the App including, without limitation, any functionality such as applications, chat rooms, direct messaging, e-mail, message boards, personal, interest or other group forums, profiles, bulletin boards, and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with Wüdya’s privacy policy.

You acknowledge and understand that the App uses artificial intelligence and other algorithms and automated processes in terms of certain its features including, without limitation, interpersonal matching and making recommendations in terms of interpersonal compatibility. The foregoing may be undertaking through use of your personal information (including, without limitation, your personal characteristics, your stated personal preferences, feedback you provide in terms of other users and previous information and/or recommendations made by the App).

Certain features of the App may allow you to make purchases from Wüdya or from third parties. If you make a purchase from Wüdya through use of the App, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by Wüdya, the third party merchant, and their respective payment processing service provider. Please review our Privacy Policy for how we comply with securing your personal information.

9. Acceptable Use

You agree that you are responsible for your own conduct and any transaction that you conduct in conjunction with your use of the App, and for any consequences thereof. You agree that when using the App and Content, you will not:

defame, demean, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
impersonate or misrepresent your affiliation with another person or entity;
promote or provide instructional information about illegal or harmful activities or substances;
promote or engage in physical harm, violence, or injury against any group or individual;
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, personality rights, or rights of publicity or privacy;
use, display, or recreate the App or any individual element within the App, Wüdya’s name, any Wüdya trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Wüdya’s express written consent;
access and tamper with the services used to provide the features and functionality of the App, Wüdya’s computer systems, or the technical delivery systems of Wüdya’s providers;
attempt to probe, scan, or test the vulnerability of any Wüdya system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, disable, impair, descramble, decrypt or otherwise circumvent any technological measure implemented by Wüdya or any of Wüdya’s providers or any other third party (including another user) to protect the Content or to ensure the proper operation of the features and functionality of the App;
attempt to access or search the Content, or download Content through the use of any technology or means other than those provided by Wüdya (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
extract, scrape, index, copy, or mirror the Content or portions thereof;
use any meta tags or other hidden text or metadata utilizing a Wüdya trademark, logo, URL, or product name without Wüdya’s express written consent;
use the App or Content to send altered, deceptive, or false source-identifying information;
attempt to decipher, decompile, disassemble, or reverse engineer the App, any of the software used to install the App or any Content;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing in regard to Wüdya’s systems and facilities;
take any action that imposes, or may impose, an unreasonable or disproportionately large load on Wüdya’s infrastructure or those of its service providers;
delete, obscure, or in any manner alter any attribution, warning, or link that appears through use of the App or in the Content;
use the App or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms and Conditions, including but not limited to: (a) gathering in the App or promoting through the App goods and/or services for sale outside the App; (b) performing services in the App in exchange for payment outside the App; or (c) sell, resell, rent, or lease the App or your Account;
collect or store any personally identifiable information of users of the App without their express permission or in any manner that is contrary to our Privacy Policy or these Terms and Conditions;
violate any applicable law or regulation;
use the App and/or interact with other users of the App in bad faith or for any improper motive; or
encourage, assist or enable any other individual to do any of the foregoing.

Although Wüdya is not obligated to monitor access to or use of the App or Content or to review or edit any Content, Wüdya has the right to do so for the purpose of providing the features and functionality of the App, to ensure compliance with these Terms and Conditions, and to comply with applicable law or other legal requirements. Wüdya reserves the right, but is not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if Wüdya, in its sole discretion, considers any Content to be objectionable or in violation of these Terms and Conditions. Wüdya has the right to investigate violations of these Terms and Conditions. Wüdya may also consult and cooperate with law enforcement authorities to investigate and/or prosecute users who violate the law.

10. Security

You may not share your Account with anyone. You agree that you shall not disclose your Account password (or any other piece of information chosen by you, or provided to you as part of our security procedures) to anyone and safeguard the foregoing from any unauthorized access or disclosure. You agree not to allow access to and use of any mobile device through which use of which your Account can be accessed through use of stored passwords. You shall notify Wüdya immediately of any unauthorized use of your Account. You are solely responsible for all activities that occur under your Account, whether or not you know about them.

Information collected by Wüdya is stored in a secure manner. However, you acknowledge that there are security and privacy limitations which are beyond the control of Wüdya and that the security, integrity and privacy of any and all information and data and Content exchanged between you and Wüdya through the App cannot be guaranteed.

YOU UNDERSTAND AND AGREE THAT WÜDYA IS NOT RESPONSIBLE OR LIABLE FOR ANY MISUSE OF YOUR CONTENT (INCLUDING, YOUR UGC) OR YOUR PERSONAL INFORMATION BY ANY OTHER USER OF THE APP. ANY SHARING BY YOU OF ANY CONTENT OR PERSONAL INFORMATION WITH ANOTHER USER THROUGH THE APP OR THROUGH ANY OTHER COMMUNICATION METHOD IS AT YOUR SOLE RISK. LIKEWISE, WÜDYA IS NOT REQUIRED TO VALIDATE ANY INFORMATION PROVIDED BY ANY USER, WHETHER AT THE TIME OF THEIR REGISTRATION AS A USER OR AT ANY TIME THEREAFTER, AND WÜDYA IS NOT BE RESPONSIBLE FOR ANY MISSTATEMENT, IMPERSONATION OR ANY OTHER IMPROPER CONDUCT BY ANY OTHER USER. YOU SHOULD THEREFORE BE CAREFUL AND TAKE REASONABLE PRECAUTIONS BEFORE SHARING ANY PERSONAL INFORMATION WITH OTHER USERS OF THE APP AND USE PRUDENCE AND COMMON SENSE IN TERMS OF YOUR COMMUNICATIONS, MEETINGS AND OTHER DEALINGS WITH OTHER USERS OF THE APP.

YOU FURTHER UNDERSTAND AND AGREE THAT ALTHOUGH THE APP MAY PROVIDE INFORMATION ABOUT AND/OR PROMOTE CERTAIN THIRD PARTY EVENTS (EACH, AN “EVENT”), WÜDYA IS NOT REQUIRED TO UNDERTAKE ANY VERIFICATION OF THE ORGANIZERS OR OTHER PARTICIPANTS AT ANY EVENT OR VALIDATE THE INFORMATION THAT IS ASSOCIATED WITH ANY EVENT. YOU SHOULD THEREFORE BE CAREFUL AND TAKE REASONABLE PRECAUTIONS PRIOR TO REGISTERING FOR AND/OR ATTENDING ANY EVENT.

11. Site Monitoring and Enforcement, Suspension, and Termination

Wüdya has the right, without provision of notice to:

Remove or refuse to publish through the App any UGC for any or no reason in our sole discretion.
At all times, take such actions with respect to any UGC deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App. Without limiting the foregoing, Wüdya has the right to fully cooperate with any law enforcement authorities and/or regulator as well as to comply with and give effect to any court order requesting or directing it to disclose the identity or other information of anyone posting any materials through use of the App.
Terminate or suspend your access to all or part of the App and/or its features for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS WÜDYA AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY WÜDYA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER WÜDYA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES AND/OR REGULATORS.

We have no obligation, nor any responsibility to any party to monitor use of the App, and do not and cannot undertake to review Content that you or other users post, publish or otherwise communicate through use of the App. Wüdya cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

12. Disclaimers and Limitation of Liability

As with any mobile application that makes use of a GPS smartphone, the accuracy of the location information captured and used by the App depends on, amongst other things, the quality of the connection between the smartphone and the GPS satellites and the connection with the mobile phone network. These can be affected by environmental factors such as bad weather or the presence of tall buildings and information can be delayed, corrupted or lost. Any geolocation information used or displayed by the App is therefore to be regarded as being a guide to the location of the smartphone at the time of the last update received from it, and subject to error.

We do not warrant that the App (and features and functionality of the App) will be available at all times, as (in addition to the factors mentioned above), it may be down for maintenance or as a result of a bug or other deficiency. Although we will endeavour to fix deficiencies, we provide no guarantee or assurances in this regard. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU OR ANY THIRD PARTY USING THE APP, ARISING FROM THE APP, FROM ANY INFORMATION DISPLAYED AS PART OF USE OF THE APP OR FROM ANY UNAVAILABILITY OF ANY OF THEM. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, ANY TELECOMMUNICATION FEATURE MADE AVAILABLE THROUGH THE APP IS NOT SUPPORTED BY ANY EMERGENCY TELEPHONE SYSTEM (INCLUDING, WITHOUT LIMITATION ANY E-911 SERVICE) AND SHOULD THEREFORE NOT BE RELIED UPON IN TERMS OF ANY EMERGENCY OR CRITICAL COMMUNICATIONS. SUCH FEATURES ARE PROVIDED SOLELY FOR SOCIAL INTERACTIONS WITH OTHER USERS AND FOR NO OTHER PURPOSE.

Use of the App should be avoided when operating a vehicle or in other circumstances requiring the user’s attention, concentration or focus. It is your sole responsibility to consider and decide whether use of the App is prudent in the circumstances. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH ARISING FROM USE OF THE APP IN IMPRUDENT OR INAPPROPRIATE CIRCUMSTANCES.

WHILE CARE HAS BEEN TAKEN IN THE PREPARATION OF THE APP AND THE CONTENT AND IN DEVELOPING ALGORITHMS THAT PROVIDE RECOMMENDATIONS BASED ON THE INFORMATION PRESENTED IN YOUR PROFILE, YOUR PRIOR USE OF THE APP AND YOUR SHARING OF PERSONAL PREFERENCES AND VIEWS THROUGH THE APP, THE APP AND THE CONTENT IS PROVIDED ON AN "AS IS" BASIS AND WÜDYA DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO QUALITY, ACCURACY, COMPLETENESS, LEGALITY, NON-INFRINGEMENT, CURRENCY, RELIABILITY, EFFICACY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED ACCESS TO THE APP, ERROR-FREE OPERATION OF THE APP, THE ABSENCE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS OR CORRUPTED DATA OR INFORMATION ON THE APP.

THE APP ALLOWS YOU TO SHARE INFORMATION AND SOCIALLY INTERACT WITH THIRD PARTIES. WÜDYA DOES NOT ENDORSE, RECOMMEND, GUARANTEE OR PROVIDE ANY ASSURANCE WHATSOEVER WITH RESPECT TO ANY ANY STATEMENT OR COMMUNICATION FROM ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMUNICATIONS OR DEALINGS WITH ANY OTHER USER AND WÜDYA WILL NOT BE LIABLE IN ANY RESPECT IN REGARD TO THE FOREGOING. ALTHOUGH USE OF THE APP IS RESTRICTED TO INDIVIDUALS WHO HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY RESIDE, WÜDYA IS NOT REQUIRED NOT VALIDATE THE AGE PROVIDED BY ITS USERS AND MAKES NO WARRANTY AND PROVIDES NO ASSURANCES THAT USERS OF THE APP HAVE IN FACT REACHED THE AGE OF MAJORITY. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT USERS WITH WHOM YOU INTERACT HAVE REACHED THE AGE OF MAJORITY AND THAT YOUR INTERACTIONS WITH THEM ARE LAWFUL, LEGAL AND OTHERWISE APPROPRIATE. IF YOU SUSPECT THAT A USER OF THE APP HAS NOT REACHED THE AGE OF MAJORITY, YOU MUST IMMEDIATELY REFRAIN FROM ANY FURTHER INTERACTION WITH SUCH USER AND CONTACT WÜDYA IMMEDIATELY TO ADVISE THEM OF YOUR BELIEF AND PROVIDE SUPPORTING FACTS.

WÜDYA, ITS ADVERTISERS, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES RELATED TO OR ARISING FROM THE USE OR INABILITY TO USE THE APP AND/OR THE CONTENT INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REPUTATION, PURE ECONOMIC LOSS, INTRUSION UPON SECLUSION, PAIN AND SUFFERING, INJURY TO DIGNITY, FEELINGS AND SELF-RESPECT, LOSS OF PROFIT, LOSS OF BUSINESS OPPORTUNITY, DEPRECIATION OF GOODWILL, LOSS OF REVENUE, AND NON-MONETARY LOSSES, WHETHER BASED ON BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), AND/OR VIOLATION OF APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

THE CONTENT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY, IS NOT INTENDED TO CONSTITUTE ADVICE, ENDORSEMENTS OR RECOMMENDATIONS, AND SHOULD NOT BE RELIED UPON IN ANY SUCH REGARD. IT IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE INDIVIDUAL(S) INVOLVED AND/OR THE MATTERS ADDRESSED INCLUDING, WITHOUT LIMITATION, ANY EVENT. WÜDYA DOES NOT RECOMMEND OR ENCOURAGE ANY COMMUNICATION, INTERACTION AND/OR DEALING WITH ANY USER OR OTHER PERSON FEATURED, INTRODUCED OR OTHERWISE PRESENTED THROUGH THE APP OR REGISTRATION FOR AND/OR ATTENDANCE TO ANY EVENT. LIKEWISE, WÜDYA DOES NOT RECOMMEND OR ENDORSE THE USE OF ANY THIRD PARTY GOOD OR SERVICE THAT MAY BE SHOWN, FEATURED AND/OR DESCRIBED BY THE APP. ANY INFORMATION CONTAINED IN THE APP SHOULD BE USED ONLY AFTER HAVING BEEN VALIDATED AND VERIFIED. WÜDYA IS NOT RESPONSIBLE OR LIABLE IN TERMS OF ANY INACCURACY IN TERMS OF THE CONTENT, WHETHER PROVIDED BY WÜDYA, ANOTHER USER OR ANY OTHER THIRD PARTY. IT IS YOUR SOLE RESPONSIBILITY TO VERIFY THE ACCURACY, CURRENCY AND COMPLETENESS OF ANY CONTENT AND TO TAKE REASONABLE PRECAUTIONS WHERE THE FOREGOING CANNOT BE UNDERTAKEN WITH CERTAINTY.

ANYONE USING THE APP DOES SO AT HIS OR HER OWN RISK, AND BY USING OR SUBMITTING CONTENT, INTERACTING WITH ANY OTHER USER AND/OR ATTENDING ANY EVENT, AGREES TO INDEMNIFY WÜDYA AND ITS SERVICE PROVIDERS AND CONTENT PROVIDERS FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) AND OTHER LOSSES ARISING FROM SUCH PERSON'S USE OF THE APP, USE OR SUBMISSION OF CONTENT, ATTENDANCE AT (OR FAILURE TO ATTEND) ANY EVENT AND/OR COMMUNICATIONS, INTERACTIONS AND/OR DEALINGS WITH ANY OTHER USER.

13. User Submissions: Grant of Licence

The App may contain Interactive Functions allowing users to submit, post, publish, display, or transmit (collectively, "submit") content, material, and information through use of the App (collectively, "UGC"), including direct messaging and other communications with other users.

None of the UGC you submit through use of the App will be subject to any confidentiality by Wüdya. By submitting any UGC through use of the App, you grant Wüdya and its affiliates and service providers, and each of their respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of operating the App, allowing you and others to use the App and providing you with any other services that you have procured or are otherwise obtaining from us (including both operational, financial, technical and administrative matters relating thereto), and/or incorporate such UGC into any form, medium or technology throughout the world without compensation to you. Handling of any UGC that constitutes your personal information will be subject to our privacy policy which can be accessed here. You further waive any moral rights or other rights of authorship as a condition of submitting any UGC.

By submitting UGC, you declare and warrant that you own or have the necessary rights to submit such UGC and have the right to grant the licence hereof to Wüdya and its affiliates and service providers, and each of their respective licensees, successors, and assigns to the UGC and comply with these Terms and Conditions. You represent and warrant that all UGC comply with applicable laws and regulations and these Terms and Conditions.

You understand and agree that you, not Wüdya nor Wüdya's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are responsible for any UGC you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. Wüdya is not responsible or legally liable to any third party for the content or accuracy of any UGC submitted by you or any other user of the App.

14. Intellectual Property Rights

All feedback, remarks, suggestions, ideas, graphics and other information (other than your personal information) communicated to Wüdya through the App become the exclusive property of Wüdya and Wüdya may make unfettered use of same without compensation to you. Likewise, subject to our compliance with privacy laws, all data collected in regard to any use of the App (including demographic and statistical information compiled in regard to users of the App) are the sole property of Wüdya.

The App and the Content are protected by Canadian, United States and other national copyright, trademark and other intellectual property laws. All rights in the Content that have not been expressly granted in these Terms and Conditions are expressly reserved.

Wüdya and its licensors retain exclusive ownership of all copyright, trademark and all other rights in the App and Content. No portion of the Content may be used or reproduced, other than for personal use, or harvested, scraped, distributed, transmitted or "mirrored" in any form, or by any means, without Wüdya’s prior written consent, which consent may be arbitrarily withheld.

Certain names, words, titles, phrases, logos, icons, graphics or designs used in the App may constitute trade names, and/or registered or unregistered trademarks (collectively, “Trademarks”) of Wüdya or of third parties that are used under license. The display of Trademarks on the App, and those to which it is linked, does not imply the grant of any license to any other party.

Other than as expressly permitted herein or by written agreement of Wüdya, your use or display of any of the Trademarks that appear on the App or that is included in any Content is strictly prohibited.

You shall not decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any software made available to you in regard to the App including, without limitation, any installation software.

15. Linked Applications and Websites

The App may contain links to other applications or websites which are not maintained by Wüdya. Should you access other applications or websites via a link provided through the App or a link embedded in the Content and view content or materials that are not provided by Wüdya, you do so at your sole risk. Links are provided for convenience only and should not be construed as an endorsement or approval by Wüdya. WÜDYA WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF ANY SUCH LINKED APPLICATIONS OR WEBSITES, OR FROM ANY TRANSACTIONS, GOODS OR SERVICES PROCURED IN RELATION TO THE FOREGOING.

The terms of use and privacy policies applicable to such linked applications or websites may be different than those applicable to the App. You should therefore ensure that you have read these prior to accessing any third party application or website.

Wüdya may terminate a link at any time without notice.

16. Third Party Marketplaces and Stores

The App allows you to search and view third party products (and product information) and product offers, and to purchase third party products. Although the App may facilitate the foregoing, you acknowledge and understand that Wüdya has no involvement in regard to such offers or any resulting transaction. Use of any such Content, offers and products, as well as any transactions relating to the foregoing, are at your sole risk. WÜDYA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM ANY THIRD PARTY PRODUCT AND ANY AD, OFFER OR TRANSACTION RELATED TO ANY THIRD PARTY PRODUCT WHICH MAY BE PRESENTED THROUGH OR IN CONJUNCTION WITH YOUR USE OF THE APP.

17. Governing Law and Jurisdiction

These Terms and Conditions and the use of the App and Content are governed by and interpreted in accordance with the laws of the Province of Ontario, and you irrevocably attorn to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada (including, without limitation, provincial and federal courts located in the city of Toronto). Notwithstanding the foregoing, Wüdya may institute proceedings in any jurisdiction where infringement of its intellectual property and/or any misappropriation or misuse of its confidential information and/or trade secrets takes place.

Wüdya controls and operates the App from its offices in Toronto, Ontario, Canada. Wüdya makes no representation that the App and the Content are appropriate or available for use in other jurisdictions. Anyone accessing the App from other jurisdictions assumes sole responsibility for compliance with local laws.

18. Miscellaneous

Wüdya may terminate your use of the App immediately without notice and in its sole judgment and discretion. Upon termination, you must destroy all materials obtained from the App and all related documentation and all copies thereof. You may not access the App after such termination without Wüdya’s prior written approval.

Wüdya's failure to enforce any provision of these Terms and Conditions will not be construed as a waiver of such provision.

These Terms and Conditions shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.

You may not assign your rights or obligations hereunder without Wüdya's prior written consent.

If any part of these Terms and Conditions is unlawful, void, invalid or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Use of the App, may be subject to additional terms and conditions of the provider that makes the App available to you.