Terms and Conditions of Use

wüdya is devoted to clear and fair practices, as outlined in our Website Terms and Conditions. Refer to the detailed section below.

Terms and Conditions of Use

Last updated: June 23, 2023

1. Binding Agreement

Access to and use of Wüdya Inc.’s (“Wüdya” and also referred to as "us", "we", or "our" as the context may require)) website located at www.wudya.me (the “Site”) 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 access and/or the Site.

2. Changes

Changes may be made at any time to the Site, any text, guidelines, information, pictures, QR barcodes and other barcodes, videos, audio recordings, data, hyperlinks, displays and other content contained within, displayed by, generated by or associated with the Site (the “Content”) and these Terms and Conditions, without prior notice to you. Your continued use of the Site 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 Site, 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 Site, which may also be subject to additional terms that will accompany such updates, supplements or replacements.

3. Access and Use of the Site

Access to and use of the Site 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. Access to and use of the Site is prohibited in those jurisdictions where the foregoing is contrary to applicable laws.

Subject to your continued compliance with these Terms and Conditions, Wüdya hereby grants you permission to access and use the Site and hereby grants you a license to use the Content for your personal use. Any commercial use of the Site or 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.

4. 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 Site improperly or illegally, we may terminate, restrict or suspend your access to the Site immediately 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.

5. Personal Information

By using the Site, 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 access and use of the Site constitutes your consent to all actions we take with respect to personal information collected or otherwise obtained in conjunction with the foregoing to the extent consistent with Wüdya’s privacy policy.

6. Acceptable Use

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

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;
impersonate or misrepresent your affiliation with another person or entity;
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 Site or any individual element within the Site, 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 Site, 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 Site;
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);
duplicate, copy, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Site;
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 Content to send altered, deceptive, or false source-identifying information;
attempt to decipher, decompile, disassemble, or reverse engineer any feature or function of the Site, any of the software used to access, view, download and/or use the Site 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 Site or in the Content;
use Content for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms and Conditions;
violate any applicable law or regulation;
use the Site 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 Site 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 Site, 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. 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.

7. Security

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 Site cannot be guaranteed.

8. Site Monitoring and Enforcement, Suspension, and Termination

Wüdya has the right, without provision of notice to:

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 Site. 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 Site.
Terminate or suspend your access to all or part of the Site and/or its features for any or no reason, including, without limitation, any violation of these Terms and Conditions.

9. Disclaimers and Limitation of Liability

We do not warrant that the Site (and features and functionality of the Site) 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 SITE, ARISING FROM THE SITE, FROM ANY INFORMATION DISPLAYED AS PART OF USE OF THE SITE OR FROM ANY UNAVAILABILITY OF ANY OF THEM.

ACCESS TO AND USE OF THE SITE AND THE CONTENT ARE 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 SITE, ERROR-FREE OPERATION OF THE SITE, THE ABSENCE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS OR CORRUPTED DATA OR INFORMATION ON THE SITE.

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 SITE 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. WÜDYA DOES NOT RECOMMEND OR ENDORSE THE USE OF ANY THIRD PARTY GOOD OR SERVICE THAT MAY BE SHOWN, FEATURED AND/OR DESCRIBED ON THE SITE. ANY INFORMATION CONTAINED ON THE SITE 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 OR ANY 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 ACCESSING AND USING THE SITE DOES SO AT HIS OR HER OWN RISK AND 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 SITE AND/OR USE OF CONTENT.

10. Intellectual Property Rights

All feedback, remarks, suggestions, ideas, graphics and other information (other than your personal information) communicated to Wüdya through the Site 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 Site (including demographic and statistical information compiled in regard to users of the Site) are the sole property of Wüdya.

The Site 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 Site 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 Site 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 Site, 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 Site 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 Site including, without limitation, any installation software.

11. Linked Applications and Websites

The Site 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 Site 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 Site. 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.

12. Governing Law and Jurisdiction

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

13. Miscellaneous

Wüdya may restrict access to the Site and otherwise terminate your use of the Site immediately without notice and in its sole judgment and discretion. Upon termination, you must destroy all materials obtained from the Site and all related documentation and all copies thereof. You may not access the Site 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 Site, may be subject to additional terms and conditions of the provider that makes the Site available to you.