These Terms of Service (âTermsâ) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the âServicesâ) provided by A Wiper (âWiperâ or âweâ). By clicking your consent (e.g. âContinue,â âSign-in,â or âSign-up,â) or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.Our Privacy Policy explains how we collect and use your information while our Community policies outline your responsibilities when using our Services. By using our Services, youâre agreeing to be bound by these Terms and our Community policies. Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you.If you have any questions about these Terms or our Services, please contact us at [email protected].
Youâre responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by othersâ intellectual property rights. Please donât copy, upload, download, or share content unless you have the right to do so.Your use of the Services must comply with ourCommunity policies.You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.If youâre accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that youâre authorized to do so, and in that case the words âyouâ or âyourâ in these Terms include that other person or entity.If you use the Services to access, collect, or use personal information about other Wiper users (âPersonal Informationâ), you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information, where the term âsellâ has the meaning given to it under applicable laws.For Personal Information you provide to us (e.g. as a Newsletter Editor), you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that Wiper's use of such Personal Information in accordance with the purposes for which you provided us the Personal Information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the EU and other countries, where you may not have the same rights and protections as you do under local law.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Wiper, and our officers, directors, agents, partners and employees (individually and collectively, the âWiper Partiesâ) from and against any losses, liabilities, claims, demands, damages, expenses or costs (âClaimsâ) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Wiper Parties of any third-party Claims, cooperate with Wiper Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneysâ fees). You also agree that the Wiper Parties will have control of the defense or settlement, at Wiperâs sole option, of any third-party Claims.
Wiper aims to give you great Services but there are some things we canât guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided âas isâ and âas availableâ without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Wiper doesnât represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from Wiper or through the Services will create any warranty or representation not expressly made in this paragraph. Wiper may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, âThird-Party Contentâ). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations donât allow the disclaimers in this paragraph and so they might not apply to you.
Youâre free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.
We donât exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Wiper or the other Wiper Parties in providing the Services. In countries where the following types of exclusions arenât allowed, weâre responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesnât affect consumer rights that canât be waived or limited by any contract or agreement.In countries where exclusions or limitations of liability are allowed, Wiper and Wiper Parties wonât be liable for:(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Wiper or the other Wiper Parties have been advised of the possibility of such damages.(b) Other than for the types of liability we canât limit by law (as described in this section), we limit the total liability of Wiper and the other Wiper Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 EUR or the amount paid by you to use our Services.
We want to address your concerns without needing a formal legal case. Before filing a claim against Wiper, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at [email protected]. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and © set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we canât resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Wiper and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.(a) No Representative Actions. You and Wiper agree that any dispute arising out of or related to these Terms or our Services is personal to you and Wiper and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.(b) Arbitration of Disputes. Except for small claims disputes in which you or Wiper seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or Wiper seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Wiper waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, âDisputesâ) resolved in court.(c) You and Wiper agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the âFAAâ), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individualâs claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Flok, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality doesnât apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Wiper will not have the right to assert the claim.(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email of your request to [email protected] order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the next section regarding âGoverning Law and Venue.â(h) If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the partiesâ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
These Terms and any dispute that arises between you and Wiper will be governed by EU law except for its conflict of law principles. Any dispute between the parties thatâs not subject to arbitration or canât be heard in small claims court will be resolved in the state or federal courts of Germany, respectively, sitting in Munich.Some countries have laws that require agreements to be governed by the local laws of the consumerâs country. This paragraph doesnât override those laws.
We may make changes to these Terms from time to time. If we make changes, weâll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you donât agree to the amended Terms, you must stop using our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Wiperâs failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the terms and policies listed in the Other Terms and Policies that May Apply to You Section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word âincludingâ will be interpreted to mean âincluding without limitation.â Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.