Last Updated: February 11, 2023
Please read this Terms of Use agreement (the “Terms of Use”) carefully. The Wiish mobile application,
the Wiish mobile application (a “Mobile App”) and the services and resources available or enabled via
the Mobile Apps (each a “Service” and collectively, the “Services”), are controlled by Wiish Inc.
(“Wiish”, “we”, or “us”). These Terms of Use, along with all supplemental terms that may be
presented to you for your review and acceptance (collectively, the “Agreement”), govern your access
to and use of the Services. By clicking on the “Sign In” or “Sign Up” button, completing the
registration or login process, downloading or using either of the Mobile Apps, or otherwise accessing
or using any of the Services, you represent that (1) you have read, understand, and agree to be bound
by the Agreement, (2) you are of legal age to form a binding contract with Wiish, and (3) you have the
authority to enter into the Agreement. The term “you” refers to the individual identified during the
registration process. If you do not agree to be bound by the Agreement, you may not access or use
any of the Services.
IF YOU ARE A U.S. RESIDENT, PLEASE BE AWARE THAT SECTION 14 (ARBITRATION AGREEMENT) OF
THE AGREEMENT BELOW CONTAINS PROVISIONS GOVERNING HOW ANY DISPUTES BETWEEN US
WILL BE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL,
WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND
FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY
BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING;
AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW
AND TO have A JURY TRIAL.
THE SERVICES ARE INTENDED FOR PERSONAL USE ONLY, AND ARE NOT INTENDED FOR USE IN A
BUSINESS OR COMMERCIAL CAPACITY AND SUCH USE IS EXPRESSLY PROHIBITED. BY USING THE
SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE DOING SO IN YOUR CAPACITY AS A
CONSUMER. Wiish EXCLUDES ALL LIABILITY FOR BUSINESS OR COMMERCIAL LOSSES RESULTING
FROM YOUR USE OF THE SERVICES.
Please be aware that Section 1.4 (Wiish Communications) of the Agreement below contains your
consent to receive communications from us, including, as applicable, via text, email, and push
notification.
Please note that the Agreement is subject to change by Wiish in its sole discretion at any time. When
changes are made, Wiish will make a copy of the updated Agreement available through the Services
and update the “Last Updated” date at the top of these Terms of Use. If we make any material
changes to the Agreement, we will provide notice of such material changes on the Mobile App. Any
changes to the Agreement will be effective immediately for new users of the Services and will be
effective for existing Registered Users (as defined below) upon the earlier of (a) thirty (30) days after
the “Last Updated” date at the top of these Terms of Use, or (b) your consent to and acceptance of
the updated Agreement if Wiish provides a mechanism for your immediate acceptance in a specified
manner (such as a click-through acceptance), which Wiish may require before further use of the
Services is permitted. If you do not agree to the updated Agreement, you must stop using all Services
upon the effective date of the updated Agreement. Otherwise, your continued use of any of the
Services after the effective date of the updated Agreement constitutes your acceptance of the
updated Agreement. Please regularly check the Mobile App to view the then-current Agreement. You
agree that Wiish’s continued provision of the Services is adequate consideration for the changes in
the updated Agreement.
1.1 Mobile App License
Subject to your compliance with the Agreement, Wiish grants you a limited, non-exclusive, non-
transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile
App on a single mobile device that you own or control and to run such copy of the Mobile App solely
for your own personal purposes. Furthermore, with respect to any Mobile App accessed through or
downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such
App Store Sourced Application (a) on an Apple-branded product that runs iOS or macOS (Apple’s
proprietary operating systems) and (b) as permitted by the “Usage Rules” set forth in the Apple App
Store Terms of Service. Notwithstanding the first sentence in this Section 1.1, with respect to any
Mobile App accessed through or downloaded from the Google Play store (a “Google Play Sourced
Application”), you may have additional license rights with respect to use of such Google Play Sourced
Application on a shared basis within your designated family group.
1.2 Updates
You understand that the Services are evolving. As a result, Wiish may require you to accept updates
to the Services that you have installed on your mobile device. You acknowledge and agree that Wiish
may update the Services with or without notifying you. You may need to update third-party software
from time to time in order to use the Services.
1.3 Certain Restrictions
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not
license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit
any of the Services; (b) you shall not frame or utilize framing techniques to enclose any trademark,
logo, or other parts of the Services (including images, text, page layout or form); (c) you shall not use
any metatags or other “hidden text” using Wiish’s name or trademarks; (d) you shall not modify,
translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or
reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly
prohibited by applicable law; (e) you shall not use any manual or automated software, devices or
other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining
tools or the like) to “scrape” or download data from any web pages contained in the Services (except
that we grant the operators of public search engines revocable permission to use spiders to copy
materials from the Services for the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not caches or archives of such materials); (f)
except as expressly stated herein, no part of the Services may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you
shall not remove or destroy any copyright notices or other proprietary markings contained on or in
the Services. Any future release, update or other addition to the Services shall be subject to the
Agreement. Wiish, its suppliers and service providers reserve all rights not granted in the Agreement.
1.4 Wiish Communications
If you provide us with your mobile telephone number, we may use your phone number to send you
text messages (“SMS Messages”) for authentication and other operational communications
concerning your Account or your use of the Services. You represent that you are the subscriber of the
mobile service at any mobile telephone number you provide to us, or that you are otherwise
authorized by the subscriber to receive SMS Messages from us at such mobile number in accordance
with these Terms of Use. Message and data rates charged by your wireless carrier may apply.
1.5 Privacy
Wiish will collect and use your personal information in accordance with the terms of its Privacy Policy.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no
ownership or other property interest in your Account, and you further acknowledge and agree that all
rights in and to your Account are and shall forever be owned by and inure to the benefit of Wiish.
2.4 Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Services, including but not
limited to, a mobile device that is suitable to connect with and use the Mobile App. You are solely
responsible for any fees, including internet connection or mobile fees, that you incur when accessing
the Services.
You must not use any Output relating to a person for any purpose that could have a legal or
material impact on that person, such as making credit, educational, employment, housing,
insurance, legal, medical, or other important decisions about them.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent
Wiish’s views. If Output references any third party products or services, it doesn’t mean the
third party endorses or is affiliated with Wiish.
3.2 No Obligation to Pre-Screen Content
You acknowledge that Wiish has no obligation to pre-screen User Content, although Wiish reserves
the right in its sole discretion to pre-screen, refuse, or remove any User Content, including where it is
required to do so under applicable law. By entering into the Agreement, you hereby provide your
irrevocable consent to Wiish’s monitoring of Your Content, subject always to Wiish’s Privacy Policy.
You acknowledge and agree that you have no expectation of privacy concerning the transmission of
Your Content, including without limitation chat or text communications which have been reported to
us by another user of the Services as potentially being in violation of the Agreement. In the event that
Wiish pre-screens, refuses, or removes any of Your Content, you acknowledge that Wiish will do so
for Wiish’s benefit, not yours. Without limiting the foregoing, Wiish shall have the right to remove any
of Your Content that violates the Agreement or is otherwise objectionable.
3.3 Storage
Wiish has no obligation to store any of Your Content. Wiish has no responsibility or liability for the
deletion or accuracy of any User Content, including Your Content; the failure to store, transmit or
receive transmission of any User Content; or the security, privacy, storage, or transmission of other
communications originating with or involving use of the Services. Certain Services may enable you to
specify the level at which such Services restrict access to Your Content. You are solely responsible for
choosing the appropriate level of access to Your Content. If you do not so choose, the Services may
default to the most permissive setting. You agree that Wiish may reproduce Your Content posted on
one Mobile App to the other Mobile App. You further agree that Wiish retains the right to create
reasonable limits on Wiish’s use and storage of User Content, including Your Content, such as limits
on file size, storage space, processing capacity, and similar limits as determined by Wiish in its sole
discretion. Wiish retains the discretionary authority to remove content created by users utilizing our
complimentary service offerings thirty (30) days subsequent to its creation. Conversely, subscribers to
Wiish’s premium services shall be exempt from such content deletion post the thirty (30) day period
and shall additionally possess the capability to designate content as “favorites.” In the event a user’s
subscription status transitions from “premium” to the complimentary tier, the user’s account will be
subject to the aforementioned content removal policy applicable to complimentary service users, and
access to the “favorites” feature will be rescinded.
moral rights, documentation, and Wiish software). You agree not to remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices incorporated in or
accompanying any Services.
4.2 Trademarks
Wiish’s name and all related stylizations, graphics, logos, service marks and trade names used on or in
connection with any Services are the trademarks of Wiish and may not be used without permission in
connection with your, or any third-party, products or services. Third party trademarks, service marks
and trade names that may appear on or in the Services are the property of their respective owners.
4.3 Your Content
Wiish does not claim ownership of Your Content. However, when you post or publish Your Content on
or in any Services, you represent that you own or have all necessary rights to post or publish Your
Content on or in the Services.
4.4 License to Your Content
Subject to any applicable Account settings that you select, you grant Wiish a fully paid, royalty-free,
worldwide, transferable, sublicensable, non-exclusive right (including any moral rights) and license to
use, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in
part) for the purposes of operating and providing the Services to you and to our other Registered
Users. You agree that if you post Your Content to one portion of the Services, Wiish may use,
reproduce, modify, adapt, publicly perform, and publicly display such Content to other portions of the
Services. For clarity, Wiish may reproduce and display Your Content posted on one Mobile App on the
other Mobile App. Please remember that other Registered Users may search for, see, use, modify and
reproduce any of Your Content that you submit to any “public” area of the Services. You agree that
you, not Wiish, are responsible for all of Your Content.
4.5 Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to Wiish through
its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Wiish
has no obligations (including without limitation obligations of confidentiality) with respect to such
Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You
hereby grant to Wiish a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive
right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create
derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and
all Feedback, and to sublicense the foregoing rights, in connection with the operation and
maintenance of the Services and/or Wiish’s business.
take any action or (b) make available any Content on or through the Services that: (i) infringes,
misappropriates or otherwise violates any intellectual property right, right of publicity, right of privacy
or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
(iii) constitutes unauthorized or unsolicited advertising, junk or bulk email; (iv) involves commercial
activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes
without Wiish’s prior written consent; (v) impersonates any person or entity, including any employee
or representative of Wiish; (vi) interferes with or attempt to interfere with the proper functioning of
the Services or uses the Services in any way not expressly permitted by the Agreement; (vii) attempts
to engage in or engages in, any potentially harmful acts that are directed against the Services,
including but not limited to violating or attempting to violate any security features of the Services,
introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to
interfere with use of the Services by any other user, host or network, including by means of
overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services; or (viii) violates the
Wiish Community Guidelines.
The Content on the Services is provided for general informational and entertainment purposes only
and should not be construed as advice. We do not warrant the accuracy, completeness, or usefulness
of this information. Content on the Services is not intended to, and does not, constitute spiritual,
legal, medicinal, financial or professional advice, and may not be used for such purposes. Any reliance
you place on such information is strictly at your own risk.
8.2 No Liability for Conduct of Third Parties
YOU ACKNOWLEDGE AND AGREE THAT Wiish PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK
TO HOLD Wiish PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF
EXTERNAL SITES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH
THIRD PARTIES RESTS ENTIRELY WITH YOU.
8.3 Third-Party Materials
As a part of the Services, you may have access to links, content, or materials that are hosted by
another party. You agree that it is impossible for Wiish to monitor such materials and that you access
these materials at your own risk.
8.4 Statutory Rights
SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS AND LIMITATIONS SET OUT ABOVE,
SO SOME OF THEM MAY NOT APPLY TO YOU. YOU MAY BENEFIT FROM ADDITIONAL RIGHTS UNDER
THE MANDATORY LAW OF YOUR COUNTRY OF RESIDENCE; THE AGREEMENT IS NOT INTENDED TO
EXCLUDE OR LIMIT SUCH ADDITIONAL RIGHTS.
EXCEPT FOR Wiish’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN Wiish’S
PRIVACY POLICY, Wiish ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY
OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER
CONTENT) OR USER COMMUNICATIONS.
9.4 Exclusion of Damages
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT have ADDITIONAL RIGHTS.
9.5 Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN Wiish AND YOU.
to investigate such violations. If, as a result of the investigation, Wiish believes that criminal activity
has occurred, Wiish reserves the right to refer the matter to, and to cooperate with, any and all
applicable legal authorities. Wiish is entitled, except to the extent prohibited by applicable law, to
disclose any information or materials on or in the Services, including Your Content, in Wiish’s
possession in connection with your use of the Services, to (i) comply with applicable laws, legal
process, or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your
Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v)
protect the rights, property or personal safety of Wiish, its Registered Users or the public, and all
enforcement or other government officials, as Wiish in its sole discretion believes to be necessary or
appropriate.
the Service. Termination of all Services also includes deletion of all related information, files, and
Content associated with or inside your Account (or any part thereof), including Your Content. Upon
termination of any Service, your right to use such Service will automatically terminate immediately.
You understand that any termination of Services may involve deletion of Your Content associated
therewith from our live databases. Wiish will not have any liability whatsoever to you for any
suspension or termination, including for deletion of Your Content. All provisions of the Agreement
which by their nature should survive, shall survive termination of Services, including without
limitation, ownership provisions, warranty disclaimers, and limitation of liability.
12.5 No Subsequent Registration
If your registration(s) with, or ability to access, the Services or any other Wiish community, is
discontinued by Wiish due to your violation of any portion of the Agreement or for conduct otherwise
inappropriate for the community, then you agree that you shall not attempt to re-register with or
access the Services or any Wiish community through use of a different email address or otherwise. In
the event that you violate the immediately preceding sentence, Wiish reserves the right, in its sole
discretion, to immediately take any or all of the actions set forth herein without any notice or warning
to you.
Agreement as well as claims that may arise after the termination of this Agreement.
14.2 Informal Dispute Resolution
There might be instances when a Dispute arises between you and Wiish. If that occurs, Wiish is
committed to working with you to reach a reasonable resolution. You and Wiish agree that good faith
informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome.
You and Wiish therefore agree that before either party commences arbitration against the other (or
initiates an action in small claims court if a party so elects), we will personally meet and confer
telephonically or via videoconference in a good faith effort to resolve informally any Dispute covered
by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by
counsel, your counsel may participate in the conference, but you will also participate in the
conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an
Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after
the other party receives such Notice, unless an extension is mutually agreed upon by the parties.
Notice to Wiish that you intend to initiate an Informal Dispute Resolution Conference should be sent
by email to support@wiish.net The Notice must include: (1) your name, telephone number, mailing
address, and email address; (2) the name, telephone number, mailing address and email address of
your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference
must be held each time either party initiates a Dispute, even if the same law firm or group of law
firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating
a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties
agree. In the time between a party receiving the Notice and the Informal Dispute Resolution
Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal
communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution
Conference is a condition precedent and requirement that must be fulfilled before commencing
arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties
engage in the Informal Dispute Resolution Conference process required by this section.
14.3 Waiver of Jury Trial
YOU AND Wiish HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT
AND have A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Wiish are instead electing that all
Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in
Section 14.1. There is no judge or jury in arbitration, and court review of an arbitration award is
subject to very limited review.
14.4 Waiver of Class and Other Non-Individualized Relief
YOU AND Wiish AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 14.9, EACH OF US MAY BRING CLAIMS
AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR
COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO have ANY DISPUTE BE BROUGHT,
HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR
MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE
CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to
provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor
shall it, affect the terms and conditions under Section 14.9. Notwithstanding anything to the contrary
in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any
further appeal or recourse, that the limitations of this Section are invalid or unenforceable as to a
particular claim or request for relief (such as a request for public injunctive relief), you and Wiish
agree that that particular claim or request for relief (and only that particular claim or request for
relief) shall be severed from the arbitration and may be litigated in the state or federal courts located
in the state of New York. All other Disputes shall be arbitrated or litigated in small claims court. This
subsection does not prevent you or Wiish from participating in a class-wide settlement of claims.
14.5 Rules and Forum
The Agreement evidences a transaction involving interstate commerce; and notwithstanding any
other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9
U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and
any arbitration proceedings. If the Informal Dispute Resolution Conference described above does not
resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Wiish agree that
either party shall have the right to finally resolve the Dispute through binding arbitration. The
arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with
the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of
this Arbitration Agreement. The AAA Rules are currently available at
https://www.adr.org/sites/default/files/Consumer Rules.pdf.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration
(the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail
address of the party seeking arbitration and the account username (if applicable) as well as the email
address associated with any applicable account; (2) a statement of the legal claims being asserted and
the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith
calculation of the amount in controversy in United States Dollars; (4) a statement certifying
completion of the Informal Dispute Resolution process as described above; and (5) evidence that the
requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s
name, telephone number, mailing address, and email address. Such counsel must also sign the
Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information,
and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not
being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly
increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are
warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing
existing law or for establishing new law; and (3) the factual and damages contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support after a
reasonable opportunity for further investigation or discovery.
Unless you and Wiish otherwise agree, or the Batch Arbitration process discussed in Section 14.9 is
triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules,
the arbitrator may direct a limited and reasonable exchange of information between the parties,
consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the
parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will
be solely as set forth in the applicable AAA Rules.
You and Wiish agree that all materials and documents exchanged during the arbitration proceedings
shall be kept confidential and shall not be shared with anyone except the parties’ attorneys,
accountants, or business advisors, and then subject to the condition that they agree to keep all
materials and documents exchanged during the arbitration proceedings confidential.
14.6 Arbitrator
The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New
York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the
parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request,
then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch
Arbitration process under Section 14.9 is triggered, the AAA will appoint the arbitrator for each batch.
14.7 Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation,
disputes arising out of or related to the interpretation or application of the Arbitration Agreement,
including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any
portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or
relating to Section 14.4, including any claim that all or part of Section 14.4 is unenforceable, illegal,
void or voidable, or that Section 14.4 has been breached, shall be decided by a court of competent
jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 14.9, all Disputes
about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and
not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent
to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and
(4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a
court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be
consolidated with any other matters or joined with any other cases or parties, except as expressly
provided in Section 14.9. The arbitrator shall have the authority to grant motions dispositive of all or
part of any Dispute. The arbitrator shall issue a written award and statement of decision describing
the essential findings and conclusions on which the award is based, including the calculation of any
damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the
arbitration award may be entered in any court having jurisdiction.
14.8 Attorneys’ Fees and Costs
The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that
either the substance of the Dispute or the relief sought in the Request was frivolous or was brought
for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure
11(b)). If you or Wiish need to invoke the authority of a court of competent jurisdiction to compel
arbitration, then the party that obtains an order compelling arbitration in such action shall have the
right to collect from the other party its reasonable costs, necessary disbursements, and reasonable
attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court
action relating to whether either party has satisfied any condition precedent to arbitration, including
the Informal Dispute Resolution Conference, is entitled to recover their reasonable costs, necessary
disbursements, and reasonable attorneys’ fees and costs.
14.9 Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, you and Wiish agree that in
the event that there are fifty (50) or more individual Requests of a substantially similar nature filed
against Wiish by or with the assistance of the same law firm, group of law firms, or organizations,
within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the
arbitration demands in batches of fifty (50) Requests per batch (plus, to the extent there are less than
fifty (50) Requests left over after the batching described above, a final batch consisting of the
remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of
each batch as a single consolidated arbitration with one set of filing and administrative fees due per
side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the
arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to
the same event or factual scenario and raise the same or similar legal issues and seek the same or
similar relief. To the extent the parties disagree on the application of the Batch Arbitration process,
the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to
determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort
to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the
Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes
promptly. The Administrative Arbitrator’s fees shall be paid by Wiish.
You and Wiish agree to cooperate in good faith with the AAA to implement the Batch Arbitration
process including the payment of single filing and administrative fees for batches of Requests, as well
as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of
a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the
adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or
mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any
circumstances, except as expressly set forth in this provision.
14.10 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written
notice of your decision to opt out to: Rocket Corporate Services Inc., at 2140 South DuPont Highway,
Camden, Kent, DE 19934, within thirty (30) days after first becoming subject to this Arbitration
Agreement. Your notice must include your name and address, the email address provided to Wiish (if
applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If
you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to
you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that
you may currently h, or may enter in the future, with us.
14.11 Invalidity, Expiration
Except as provided in Section 14.4, if any part or parts of this Arbitration Agreement are found under
the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect
and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and
effect. You further agree that any Dispute that you have with Wiish as detailed in this Arbitration
Agreement must be initiated via arbitration within the applicable statute of limitation for that claim
or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of
limitation will apply to such arbitration in the same manner as those statutes of limitation would
apply in the applicable court of competent jurisdiction.
14.12 Modification
Notwithstanding any provision in this Agreement to the contrary, we agree that if Wiish makes any
future material change to this Arbitration Agreement, it will notify you. Unless you reject the change
within thirty (30) days of such change become effective by writing to Wiish at Rocket Corporate
Services Inc., at 2140 South DuPont Highway, Camden, Kent, DE 19934, your continued use of the
Services following the posting of changes to this Arbitration Agreement constitutes your acceptance
of any such changes. Changes to this Arbitration Agreement do not provide you with a new
opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this
Agreement and did not validly opt out of arbitration. If you reject any change or update to this
Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising
out of or relating in any way to your access to or use of the Services, any communications you receive,
any products sold or distributed through the Services or this Agreement, the provisions of this
Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent
changes to this Agreement) remain in full force and effect. Wiish will continue to honor any valid opt
outs of the Arbitration Agreement that you made to a prior version of this Agreement.
15.2 Accessing and Downloading the Mobile App from iTunes
The following applies to any App Store Sourced Application accessed through or downloaded from
the Apple App Store:
provided to free users are subject to change without notice. Wiish reserves the right to alter or
change the services provided on our complimentary service at any time.
16.2 Premium – Subscription Service
Billing. If you purchase any Services, you will provide complete and accurate billing information,
including a valid payment method. For paid subscriptions, we will automatically charge your payment
method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable
taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade
your account or suspend your access to our Services until payment is received.
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except
where required by law. These Terms do not override any mandatory local laws regarding your
cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will
give you at least 30 days’ notice and any price increase will take effect on your next renewal so that
you can cancel if you do not agree to the price increase.
in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures,
and other communications that Wiish provides to you electronically satisfy any legal requirement that
such communications would satisfy if it were to be in writing. The foregoing does not affect your
statutory rights, including but not limited to the Electronic Signatures in Global and National
Commerce Act at 15 U.S.C. §7001 et seq.
17.4 Assignment
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted,
delegated or otherwise transferred by you without Wiish’s prior written consent, and any attempted
assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
17.5 Third Party Rights
The Agreement is between you and Wiish, and no other person shall have any rights or obligations
pursuant to the Agreement.
17.6 Force Majeure
Wiish shall not be liable for any delay or failure to perform resulting from causes outside its
reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots,
embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of
transportation facilities, fuel, energy, labor or materials.
17.7 Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Services, please contact us at:
support@wiish.net. We will do our best to address your concerns. If you feel that your concerns have
been addressed incompletely, we invite you to let us know for further investigation.
17.8 Choice of Language
It is the express wish of the parties that the Agreement and all related documents have been drawn
up in English.
17.9 Notice
Where Wiish requires that you provide an email address, you are responsible for providing Wiish with
your most current email address. In the event that the last email address you provided to Wiish is not
valid, or for any reason is not capable of delivering to you any notices required/ permitted by the
Agreement, Wiish’s dispatch of the email containing such notice will nonetheless constitute effective
notice. You may give notice to Wiish at the following address: support@wiish.net
17.10 Waiver
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemeda waiver of any other provision or of such provision on any other occasion.
17.11 Severability
If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a
manner to reflect, as nearly as possible, the original intention of the parties, and the remaining
portions shall remain in full force and effect.
17.12 Export Control
You may not use, export, import, or transfer any Services except as authorized by U.S. law, the laws of
the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but
without limitation, the Services may not be exported or re-exported (a) into any United States
embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the
Services, 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 a “terrorist
supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted
parties. You also will not use the Services for any purpose prohibited by U.S. law, including the
development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
You acknowledge and agree that products, services or technology provided by Wiish are subject to
the export control laws and regulations of the United States. You shall comply with these laws and
regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer
Wiish products, services or technology, either directly or indirectly, to any country in violation of such
laws and regulations.
17.13 Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs
by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by
telephone at (800) 952-5210.
17.14 Entire Agreement.
The Agreement is the final, complete and exclusive agreement of the parties with respect to the
subject matter hereof and supersedes and merges all prior discussions between the parties with
respect to such subject matter.
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