Terms & Conditions

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. Use of the Services
    The Services, and the information and content available on them, are protected by applicable
    intellectual property laws. Unless subject to a separate license between you and Wiish, your right to
    use any and all Services is subject to the Agreement.
    What You Can Do. Subject to your compliance with these Terms, you may access and use our
    Services. In using our Services, you must comply with all applicable laws as well as our Sharing &
    Publication Policy, Usage Policies, and any other documentation, guidelines, or policies we make
    available to you.
    What You Cannot Do. You may not use our Services for any illegal, harmful, or abusive activity. For
    example, you may not:
     Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
     Modify, copy, lease, sell or distribute any of our Services.
     Attempt to or assist anyone to reverse engineer, decompile or discover the source code or
    underlying components of our Services, including our models, algorithms, or systems (except
    to the extent this restriction is prohibited by applicable law).
     Automatically or programmatically extract data or Output (defined below).
     Represent that Output was human-generated when it was not.
     Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or
    bypass any protective measures or safety mitigations we put on our Services.
     Use Output to develop models that compete with Wiish.
    Corporate Domains. If you create an account using an email address owned by an organization (for
    example, your employer), that account may be added to the organization’s business account with us,
    in which case we will provide notice to you so that you can help facilitate the transfer of your account
    (unless your organization has already provided notice to you that it may monitor and control your
    account). Once your account is transferred, the organization’s administrator will be able to control
    your account, including being able to access Content (defined below) and restrict or remove your
    access to the account.
    Third Party Services. Our services may include third party software, products, or services, (“Third
    Party Services”) and some parts of our Services, like our browse feature, may include output from
    those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their
    own terms, and we are not responsible for them.
    Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.


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.

  1. Registration
    2.1 Registering Your Account
    In order to access certain features of the Services, you may be required to become a Registered User.
    For purposes of the Agreement, a “Registered User” is a user who has registered an account with
    Wiish through the Services (“Account”). In order to register for an Account, you must provide (a) a
    valid email address which has been verified by Wiish, (b) your date of birth (c) gender identity (d)
    name. Please note that your Account may be used to access all of the Services, including the Wiish
    Mobile App.
    2.2 Registration Data
    In registering an Account, you agree to (a) provide true, accurate, current and complete information
    about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and
    promptly update the Registration Data to keep it true, accurate, current and complete. You represent
    that you are (i) at least eighteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not
    a person barred from using the Services under the laws of the United States, your place of residence
    or any other applicable jurisdiction. You are responsible for all activities that occur under your
    Account. You agree that you shall monitor your Account to restrict use by any other persons,
    including minors, and you will accept full responsibility for any such unauthorized use. You may not
    share your Account login or password with anyone, and you agree to (y) notify Wiish immediately of
    any unauthorized use of your password or any other breach of security; and (z) exit from your
    Account at the end of each session. If you provide any information that is untrue, inaccurate, not
    current or incomplete, or Wiish has reasonable grounds to suspect that any information you provide
    is untrue, inaccurate, not current or incomplete, Wiish has the right to suspend or terminate your
    Account and refuse any and all current or future use of the Services (or any portion thereof). You
    agree not to create an Account using a false identity or information, or on behalf of someone other
    than yourself. You agree that you shall not have more than one Account at any given time and that
    Wiish may merge any duplicate Accounts you may have created through different portions of the
    Services, including any associated data or Content (as defined below). You agree that if you have
    previously created an Account for one portion of the Services, Wiish may use your Registration Data
    to grant access to other portions of the Services. You agree not to create an Account or use the
    Services if you have been previously removed by Wiish, or if you have been previously banned from
    any of the Services.
    2.3 Your Account

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.

  1. Responsibility for Content
    3.1 Types of Content

    You acknowledge that all any information, data, text, software, photographs, graphics, messages, tags
    and other materials accessible through the Services (collectively, “Content”) is the sole responsibility
    of the party from whom such Content originated. This means that you, and not Wiish, are entirely
    responsible for all Content that you upload, post, transmit or otherwise make available through the
    Services (“Your Content”), and that you and other Registered Users of the Services, and not Wiish, are
    similarly responsible for all Content that you and they make available through the Services (“User
    Content”).
    Your Content. You may provide input to the Services (“Input”), and receive output from the Services
    based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for
    Content, including ensuring that it does not violate any applicable law or these Terms. You represent
    and warrant that you have all rights, licenses, and permissions needed to provide Input to our
    Services.
    Similarity of Content. Due to the nature of our Services and artificial intelligence generally, output
    may not be unique and other users may receive similar output from our Services. Our assignment
    above does not extend to other users’ output or any Third Party Output.
    Our Use of Content. We may use Content to provide, maintain, develop, and improve our Services,
    comply with applicable law, enforce our terms and policies, and keep our Services safe.
    Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are
    constantly working to improve our Services to make them more accurate, reliable, safe, and
    beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some
    situations, result in Output that does not accurately reflect real people, places, or facts.
    When you use our Services you understand and agree:
     Output may not always be accurate. You should not rely on Output from our Services as a sole
    source of truth or factual information, or as a substitute for professional advice.
     You must evaluate Output for accuracy and appropriateness for your use case, including using
    human review as appropriate, before using or sharing Output from 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.

  1. Ownership
    4.1 Services
    Except with respect to Your Content and other User Content, you agree that Wiish and its suppliers
    own all rights, title and interest in the Services (including but not limited to, any computer code,
    themes, objects, concepts, artwork, animations, sounds, audiovisual effects, methods of operation,

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.

  1. User Conduct
    As a condition of use, you agree not to use any of the Services for any purpose that is prohibited by
    this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a)

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.

  1. Interactions With Other Users
    6.1 The Services Are a Public Forum
    The Services offer public forums and other interactive communications. Please be aware that these
    features are public or may be subject to public access. You acknowledge that public forums offered on
    the Services are for public and not private communications. You are responsible for any Content you
    post and the consequences of posting such Content, as well as your interactions with third parties
    through our Services. Your use of or reliance on User Content is at your own risk, and we are not
    responsible for it. We reserve the right to remove without notice any Content for any reason, but we
    have no obligation to delete Content that you may find objectionable or offensive. Information and
    opinions expressed in public forums or other interactive communications by others are not
    necessarily ours. Wiish does not approve, endorse, or make any representations or warranties with
    respect to User Content.
    6.2 Anonymity
    You may not post the full name, personal or biographical information, address, phone number, social
    media handle, photograph, or any other personally identifiable information about yourself or anyone
    else on the Services.
    6.3 User Responsibility
    You are solely responsible for your interactions with other Registered Users and any other parties
    with whom you interact; provided, however, that Wiish reserves the right, but has no obligation, to
    intercede in such disputes. Such dealings are solely between you and such third parties. Please use
    respect when you interact with others through our Services. We urge you to be cautious about these
    interactions. You agree that Wiish will not be responsible for any liability incurred as the result of such
    interactions. You use all User Content and interact with other Registered Users at your own risk.
    6.4 No Professional Advice

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.

  1. Indemnification
    To the fullest extent permitted by applicable law, you agree to indemnify and hold Wiish, its parents,
    subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Wiish
    Party” and collectively, the “Wiish Parties”) harmless from any losses, costs, liabilities and expenses
    (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your
    Content; (b) your use of any Service in violation of the Agreement; (c) your violation of any rights of
    another party, including any Registered Users; or (d) your violation of any applicable laws, rules or
    regulations. Wiish reserves the right, at its own cost, to assume the exclusive defense and control of
    any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate
    with Wiish in asserting any available defenses. This provision does not require you to indemnify any of
    the Wiish Parties for any unconscionable commercial practice by such party or for such party’s fraud,
    deception, false promise, misrepresentation or concealment, or suppression or omission of any
    material fact in connection with any Services provided hereunder. You agree that the provisions in
    this Section 7 will survive any termination of your Account, the Agreement, and/or your access to the
    Services.
  2. Disclaimer of Warranties and Conditions
    8.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
    APPLICABLE LAW AND WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS, YOUR USE OF THE
    SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
    AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
    Wiish EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND,
    WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
    CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
    INFRINGEMENT ARISING FROM USE OF THE SERVICES.
  3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Wiish MAKES NO WARRANTY,
    REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2)
    YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE
    RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Wiish OR
    THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  5. FROM TIME TO TIME, Wiish MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS
    USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL
    PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED
    AT Wiish’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH
    FEATURES OR TOOLS.

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.

  1. Limitation of Liability
    9.1 Disclaimer of Certain Damages
    YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN
    NO EVENT SHALL Wiish PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT,
    INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF
    PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR
    SERVICES, IN EACH CASE WHETHER OR NOT Wiish HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
    DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS,
    INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY.
    THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A Wiish PARTY FOR (i)
    DEATH OR PERSONAL INJURY CAUSED BY A Wiish PARTY’S NEGLIGENCE; (ii) A Wiish PARTY’S FRAUD
    OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY WHICH IT IS NOT LAWFUL TO
    EXCLUDE.
    9.2 Cap on Liability
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Wiish PARTIES WILL NOT BE LIABLE TO YOU
    FOR MORE THAN ONE HUNDRED U.S. DOLLARS ($100); OR THE REMEDY OR PENALTY IMPOSED BY
    THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT
    APPLY TO LIABILITY OF A Wiish PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A Wiish
    PARTY’S GROSS NEGLIGENCE; (ii) A Wiish PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR
    (iii) ANY OTHER LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE.
    9.3 User Content

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.

  1. Procedure for Making Claims of Copyright Infringement
    It is Wiish’s policy to terminate membership privileges of any Registered User who repeatedly
    infringes copyright upon prompt notification to Wiish by the copyright owner or the copyright
    owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied
    and posted on the Services in a way that constitutes copyright infringement, please provide our
    Copyright Agent with the following information: (a) an electronic or physical signature of the person
    authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted
    work that you claim has been infringed; (c) a description of the location on the Services of the
    material that you claim is infringing; (d) your address, telephone number and email address; (e) a
    written statement by you that you have a good faith belief that the disputed use is not authorized by
    the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury,
    that the above information in your notice is accurate and that you are the copyright owner or
    authorized to act on the copyright owner’s behalf. Contact information for Wiish’s Copyright Agent
    for notice of claims of copyright infringement is as follows:
    support@wiish.net
  2. Monitoring and Enforcement
    Wiish reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in
    our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or
    appropriate in our sole discretion, including if we believe that such Content violates the Agreement,
    infringes any intellectual property right or other right of any person or entity, threatens the personal
    safety of users of the Services or the public, or could create liability for Wiish; (c) take appropriate
    legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized
    use of the Services; and/or (d) terminate or suspend your access to all or part of the Services for any
    or no reason, including without limitation, any violation of this Agreement.
    If Wiish becomes aware of any possible violations by you of the Agreement, Wiish reserves the right

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.

  1. Term and Termination
    12.1 Term
    The Agreement commences on the date when you accept them (as described in the preamble above)
    and remain in full force and effect while you use the Services, unless terminated earlier in accordance
    with the Agreement.
    Termination. You are free to stop using our Services at any time. We reserve the right to suspend or
    terminate your access to our Services or delete your account if we determine:
     You breached these Terms or our Privacy Policy.
     We must do so to comply with the law.
     Your use of our Services could cause risk or harm to Wiish, our users, or anyone else.
     We also may terminate your account if it has been inactive for over a year and you do not
    have a paid account. If we do, we will provide you with advance notice.
    Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal
    with us by contacting our Support team at support@wiish.net.
    12.2 Termination of Services by Wiish
    Wiish has the right to, immediately and without notice, suspend or terminate any Services provided
    to you. You agree that all terminations for cause shall be made in Wiish’s sole discretion and that
    Wiish shall not be liable to you or any third party for any termination of your Account.
    12.3 Termination of Services by You
    If you want to terminate the Services provided by Wiish, you may do so by (a) notifying Wiish at any
    time and (b) closing your Account for all of the Services that you use. Your notice should be sent to
    Wiish’s email address set forth below.
    12.4 Effect of Termination
    Termination of any Service includes removal of access to such Service and barring of further use of

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.

  1. International Users
    The Services can be accessed from countries around the world and may contain references to Services
    and Content that are not available in your country. These references do not imply that Wiish intends
    to announce such Services or Content in your country. The Services are controlled and offered by
    Wiish from its facilities in the United States of America. Wiish makes no representations that the
    Services are appropriate or available for use in other locations. Those who access or use the Services
    from other countries do so at their own volition and are responsible for compliance with local law.
  2. Arbitration Agreement (U.S. Residents Only)
    If you reside in the U.S., please read this Section 14 (sometimes referred to herein as this “Arbitration
    Agreement”) carefully. It is part of your contract with Wiish and affects your rights. It contains
    procedures for MANDATORY BINDING ARBITRATION.
    14.1 Applicability of Arbitration Agreement
    Subject to the terms of this Arbitration Agreement, you and Wiish agree that any dispute, claim,
    disagreements arising out of or relating in any way to your access to or use of the Services, any
    communications you receive from Wiish, or the Agreement and prior versions of the Agreement,
    including claims and disputes that arose between us before the effective date of the Agreement
    (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you
    and Wiish may assert claims or seek relief in small claims court if such claims qualify and remain in
    small claims court; and (2) you or Wiish may seek equitable relief in court for infringement or other
    misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets,
    copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include
    disputes that arose or involve facts occurring before the existence of this or any prior versions of the

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.

  1. Third-Party Distribution Channels
    15.1 App Stores
    You acknowledge and agree that the availability of the Mobile App and the Services is dependent on
    the third party from whom you received the Mobile App license, e.g., the Apple App Store or Google
    Play (each, an “App Store”). You acknowledge that the Agreement is between you and Wiish and not
    with the App Store. Wiish, not the App Store, is solely responsible for the Services, including the
    Mobile App, the content thereof, maintenance, support services, and warranty therefor, and
    addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property
    infringement). In order to use the Mobile App, you must have access to a wireless network, and you
    agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the
    App Store in connection with the Services, including the Mobile App. You agree to comply with, and
    your license to use the Mobile App is conditioned upon your compliance with all terms of agreement
    imposed by the applicable App Store when using any Service, including the Mobile App. You
    acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.


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:

  1. You acknowledge and agree that (i) the Agreement is concluded between you and Wiish only,
    and not Apple, and (ii) Wiish, not Apple, is solely responsible for the App Store Sourced Application
    and content thereof. Your use of the App Store Sourced Application must comply with the App Store
    Terms of Service.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and
    support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable
    warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced
    Application to you and to the maximum extent permitted by applicable law, Apple will have no other
    warranty obligation whatsoever with respect to the App Store Sourced Application. As between Wiish
    and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure
    to conform to any warranty will be the sole responsibility of Wiish.
  4. You and Wiish acknowledge that, as between Wiish and Apple, Apple is not responsible for
    addressing any claims you have or any claims of any third party relating to the App Store Sourced
    Application or your possession and use of the App Store Sourced Application, including, but not
    limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to
    conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
    protection or similar legislation.
  5. You and Wiish acknowledge that, in the event of any third-party claim that the App Store
    Sourced Application or your possession and use of that App Store Sourced Application infringes that
    third party’s intellectual property rights, as between Wiish and Apple, Wiish, not Apple, will be solely
    responsible for the investigation, defense, settlement and discharge of any such intellectual property
    infringement claim to the extent required by the Agreement.
  6. You and Wiish acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party
    beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and
    that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right
    (and will be deemed to have accepted the right) to enforce the Agreement as related to your license
    of the App Store Sourced Application against you as a third-party beneficiary thereof.
  7. Without limiting any other terms of the Agreement, you must comply with all applicable third-
    party terms of agreement when using the App Store Sourced Application.
  8. Premium Services
    16.1 Free – Complimentary Service
    Ads. The free service provided by Wiish is subsidized by ads from our partners. You agree to not
    obstruct, circumvent, or otherwise interfere with the ads placed within the platform. In such events,
    Wiish reserves the right to immediately terminate any user not following these terms.
    Restrictions. Not all services available to “premium” users are available to free users. The services

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.

  1. General Provisions
    17.1 Governing Law
    Any dispute, claim or request for relief relating in any way to your use of the services will be governed
    and interpreted by and under the laws of the state of New York, consistent with the Federal
    Arbitration Act, without giving effect to any principles that provide for the application of the law of
    any other jurisdiction. The United Nations Convention on Contracts for the International Sale of
    Goods is expressly excluded from this Agreement. However, if you reside in a member state of the
    European Economic Area or in the United Kingdom, you may benefit from additional rights afforded
    to you by mandatory provisions of the laws of your country of residence, and nothing in the
    Agreement will affect the application or enforceability of these additional rights.
    17.2 Venue
    To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you
    and Wiish agree that all claims and disputes arising out of or relating to the Agreement will be
    litigated exclusively in the state or federal courts located in New York City, New York. However, if you
    reside in a member state of the European Economic Area or in the United Kingdom, you may bring a
    claim to enforce your mandatory consumer rights in a court of your country of residence.
    17.3 Electronic Communications
    The communications between you and Wiish may take place via electronic means, whether you visit
    the Services or send Wiish emails, or whether Wiish posts notices on the Services or communicates
    with you via email. For contractual purposes, you (a) consent to receive communications from Wiish

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.