Terms and Conditions

TERMS AND CONDITIONS
Last Updated: November 30, 2024
Our Terms and Conditions (hereinafter, "T&C") constitute a legally
binding agreement between <a href="https://werkwallet.com/">Werkwallet</a>
(hereinafter, "Us", "We" or
"Our") and you (hereinafter, "User," "Users," "your," or "yours"). Your
use of our App shall be governed by the following T&C.
If you are a child under
13 years old (or such greater age required in your country or territory for
you to be authorized to register for and use our App without parental
approval), you are allowed to use our App only after your parent or
guardian has red and accepted these T&C for you.
Registration
You agree to provide accurate information regarding your phone number,
email address and any other additional information, whilst registering for
our App. Should any of your details change, you shall immediately adjourn
your data and notify us via email at support@werkwallet.com. You agree to
receive for security reasons text messages and phone calls (from us or our
third-party providers) with codes to register for our App.
Age
You must be at least 13 years old to register for and use our App (or such
greater age required in your country or territory for you to be authorized
to register for and use our App without parental approval) and having red
these T&C with your parent or guardian. In addition to being of the
minimum required age to use our App under applicable law, if you are not
old enough to have authority to agree to our T&C in your country or
territory, your parent or guardian must agree to our T&C on your
behalf. Please ask your parent or guardian to read these T&C with you.
In any case we reserve ourselves the right to suspend and cancel your
account unilaterally and without notice if we have a reasonable doubt that
you do not have the legal minimum age to use our App.
Devices and Software
You may need to provide certain devices, software, and data connections to
use our App, which we otherwise do not supply. In order to use our App, you
consent to manually or automatically download and install updates to our
App You also consent to our sending you notifications via our App from time
to time, as necessary to keep our App functional for you.
You may purchase products from our App and/or subscribe to a subscription
plan. Our App may offers subscription plans, in-App purchases and promotions.
The subscription plan types, names and prices may change occasionally. For
all subscription plans, payment occurs on a pre-pay basis. The amount you
are to pay and the length of your subscription will depend on the
subscription plan you choose.
We reserve the sole right to change pricing without notice or cause and you
are required to keep checking the link above.
Use
You agree to only use our App under the following conditions:
you may only use our App for your own personal, non-commercial purposes
– if you are a company or another business entity whatsoever you are in any
case requested to state so, even if you plan to use our App for
non-commercial purposes;
you may upload data, text, information, screen names, graphics, photos,
profiles, audio and video clips, links (hereinafter, the "Content") on our
App;
you may only use our App in good faith, and in compliance with
Applicable laws.
You agree not to, and you shall not permit others to:
license, sell, rent, lease, transfer, assign, distribute, transmit,
host, outsource, disclose or otherwise commercially exploit our App or make
our App available to any third parties;
copy or use our App for any purpose other than your own personal,
non-commercial purposes;
copy or use our App to facilitate any criminal activity, including but
not limited to hacking;
modify, make derivative works of, disassemble, decrypt, translate,
reverse compile or reverse engineer any part of our App;
abuse, harass, threaten, impersonate or intimidate other Users of our
App;
post nude, partially nude, sexually suggestive photos, or otherwise any
other illegal and/or discriminatory Content on our App;
use our App for any illegal or unauthorized purpose. International
Users agree to comply with all local laws regarding online conduct and
acceptable content;
violate any laws in your and our jurisdiction (including but not
limited to copyright laws) in the use of our App;
transmit any worms or viruses or otherwise any code of a destructive
nature on our App.
You are the solely responsible for any activity that occurs under your
account and for keeping your password secure.
Privacy
All material and services available and/or provided by our App, its
affiliates, employees, licensors or other commercial partners including,
but not limited to: our logo, visual designs or other materials and components
are the property of our App or other parties that have licensed their material or
provided services to us. Such material and services are duly protected by registered and unregistered
copyright, trademarks, trade secrets, design and such other intellectual
property laws as may be applicable in your country, and may not be
duplicated under any circumstances, or used other than for your personal
non-commercial use, or otherwise than described in these Terms and
Conditions or our Privacy Policy.
We care about data privacy and security.
Please review our Privacy Policy at <a href="https://werkwallet.com/privacy-policy-1">https://werkwallet.com/privacy-policy-1</a>
.
By using our App, you agree to be bound
by our Privacy Policy, which is incorporated into these T&C. Please be
advised the Site is hosted in the United States. If you
access the Site from the USA, Canada, EU, Asia, or any other region of the
world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in United States, then
through
your continued use
of the Site,
you are transferring your data to United States, and you
expressly consent to have your data transferred to and processed in
United States.
If you do not agree
with such transfer of data,
you should immediately refrain from using our App and notify us in order to
delete your data. Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children. We only collect
information from children after obtaining prior consent from their parents
or guardians and reserve ourselves the right to suspend or delete your
account if we suspect such consent is not authentic. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act and EU
GDPR Reg. 679/2016 recitals 38 and 58, if we receive actual knowledge that
anyone under the age of 13 has provided personal information to us without
the requisite and verifiable parental consent, we will delete that
information from the App as quickly as is reasonably practical.
Limitation of liability
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL,
SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT
OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR APP, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE
LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR
TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED
DOLLARS ($100) AND 100% OF THE PRICE PAID, IF APPLICABLE. THE FOREGOING
DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR
JURISDICTIONS MAY NOT ALLOW THE DISCRETIONARY EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR
TERMS, IN SUCH CASES, THE LIABILITY OF <a href="https://WERKWALLET.COM/">WERKWALLET</a>
WILL
BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless <a href="https://werkwallet.com/">Werkwallet</a>
from and against all
liabilities,
damages,
losses, and expenses of any kind (including reasonable legal fees and
costs) relating to, arising out of, or in any way in connection with any of
the following: (a) your access to or use of our Services, including
information provided in connection therewith; (b) your breach or alleged
breach of our Terms; or (c) any misrepresentation made by you.
You will cooperate as fully as required by us in the defense or settlement
of any claim.
Dispute resolution
In compliance with the EU-US Privacy Shield Principles and the Swiss-US Privacy Shield Principles,
we commit to resolve complaints about your privacy and our collection or use of your personal information.
European Union, United Kingdom, or Swiss individuals with inquiries or complaints regarding this terms of
service should contact us by email at support@werkwallet.com or by any other
available
method available in the CONTACT US section.
<a href="https://werkwallet.com/">Werkwallet</a>
has further committed to refer unresolved privacy complaints under the EU-US
Privacy
Shield Principles and the Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism,
the BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive timely acknowledgment of
your complaint, or if your complaint is not satisfactorily addressed, please visit
<a href="https://bbbprograms.org/privacy-shield-complaints/">https://bbbprograms.org/privacy-shield-complaints/</a>
for more information and to file a complaint.
This service is provided at no cost to you. Please do not submit GDPR complaints to BBB EU Privacy Shield.
If your EU-US Privacy Shield complaint cannot be resolved through these described channels, under certain
conditions, you may invoke binding arbitration for some residual claims not resolved by other redress
mechanisms.
To learn more, please view the Privacy Shield Annex 1 at
<a href="https://www.privacyshield.gov/article?id=ANNEX-I-introduction">https://www.privacyshield.gov/article?id=ANNEX-I-introduction</a>.
Disclaimer: Warranty
To the extent permitted under Applicable laws, you acknowledge that we
provide the App "as-is" without any warranty of any kind, express or
implied, and to the maximum extent permitted by Applicable law. We disclaim
all warranties, whether express, implied, or statutory, including but not
limited to, warranties of merchantability, fitness for a particular
purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not
guarantee any specific results from the use of our App. We make no warranty
that the App shall be uninterrupted, free of viruses, or other harmful
code, timely, secure or error or bug free.
Amendments
We reserve the sole right to amend, repeal, modify, replace, terminate or
make changes to this T&C, and the App without notice, from time to
time. If we make material changes to this T&C, or the App, we shall –
if possible - notify you by sending you an e-mail at your
primary
email address or in any other way convenient for us., as mentioned in your account details.
Any changes to this
T&C, or App, shall be effective immediately for new users of our App;
otherwise these changes shall be effective upon the earliest of thirty (30)
calendar days following our dispatch of an e-mail notice to you; if you do
not want to agree to such changes, you shall refrain from using the App and
delete your account unless otherwise provided in the aforementioned notice.
You are responsible at all times for updating your Account to provide to us
your most current e-mail address. If the last e-mail address that you have
provided to us is not valid, or for any reason is not capable of delivering
the notice described above, our dispatch of the e-mail containing such
notice shall nonetheless constitute effective notice of the changes.
Continued use of the App following notice of such changes shall indicate
your acknowledgement of, and T&C to be bound by, such changes.
Severability and Disclaimers
Neither the rights nor the obligations arising under this T&C are
assignable by you, and any such attempted assignment or transfer shall be
void and without effect. We reserve the right to freely assign this
T&C.
The United Nations Convention on Contracts for the International Sale of
Goods shall not apply to this T&C. Any notice to you may be provided by
email to the address you have registered with us. We shall have no
responsibility to provide maintenance or support services with respect to
the App.
If any provision of this T&C is unenforceable, such provision shall be
interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions shall
continue in full force and effect.
All waivers by us shall be effective only if in writing, there included
this T&C. Any waiver or failure by <a href="https://werkwallet.com/">Werkwallet</a>
to
enforce any provision of this T&C on one occasion shall not be deemed a
waiver of any other provision or of such provision on any other occasion.
You acknowledge that the App contains valuable trade secrets, trademarks,
copyrights, proprietary information and other intellectual properties of <a href="https://werkwallet.com/">Werkwallet</a>
,
that
any
actual or threatened breach of
any section of this T&C that may constitute irreparable harm to <a href="https://werkwallet.com/">Werkwallet</a>
shall be
liable
to
any and every damages,
including but not limited to, incidental damages, consequential damages,
nominal damages, liquidated damages, punitive damages, monetary or any
special kind of damages permitted by applicable laws, as an appropriate
remedy for such breach. This T&C and the Terms constitute the final,
complete, and exclusive agreement between the parties regarding the App and
supersede all prior or contemporaneous agreements, understandings, and
communication, whether written or oral.
If any provision of these T&C is unenforceable, such provision shall be
interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions shall
continue in full force and effect.
CONTACT US
For any questions or queries regarding this Terms and Conditions, please feel free to contact us:
<a href="mailto:support@werkwallet.com">support@werkwallet.com</a>