Agreement
Wyndo, Inc ("Wyndo") and/or its affiliates and subsidiaries (collectively, "Wyndo" "we" or "us" or "our") offer clients certain software, applications, content, product, and services ("Wyndo Services") which may be branded Wyndo or another brand owned or licensed by Wyndo.
This Terms of Service Agreement (this "Agreement") is a legal agreement between Wyndo and you ("you," "your") governing the Wyndo Services that we may currently or in the future provide or offer. To receive or use any of the Wyndo Services, you must accept all of the terms of this Agreement. If you do not agree with these terms and do not want to be bound by this Agreement, you may not use, access, or order any of the Wyndo Services.
This is a legal agreement. By placing an order for any of the Wyndo Services or by accessing or using any of the Wyndo Services on our websites, or by downloading any of the Wyndo Services, you are accepting and agreeing to this Agreement in its entirety on behalf of yourself and the entity you represent. You represent, covenant and warrant that you have the power, right, authority, and capacity to accept and enter into this Agreement.
This Agreement includes a class action waiver and a waiver of jury trials and requires binding arbitration on an individual basis to resolve disputes.
User Accounts
To utilize any of the Wyndo Services, you will need to create a User Account. During registration you will be asked for both your personal information and information regarding your business. The information that you submit must be complete, accurate and up to date.
If you open a User Account for a legal entity, you represent that you are an authorized representative with the authority to bind the legal entity to this Agreement. We reserve the right to suspend or terminate any User Account that fails to comply with registration requirements or contains information that is untrue, inaccurate, incomplete, or outdated.
You are responsible for all activities that occur under your User Account. We reserve the right to suspend or terminate your User Account and delete all associated data without prior notice if your account has been inactive for at least 180 days.
Services, Fees & Payments
All Wyndo Services are subject to availability. We reserve the right to impose quantity limits, reject orders, and discontinue offerings without prior notice. Prices and Fees are subject to change but will not affect existing orders.
Returns and Refunds. Contact Admin@Wyndoshop.com to request a return or cancellation within thirty (30) days of the order date.
Fees. You agree to pay all Fees in accordance with our then-current pricing. All Fees are nonrefundable except as set forth in this Agreement. Your subscription will automatically renew at our then-current price unless you cancel prior to the Renewal Commencement Date.
Taxes. Fees do not include Taxes unless expressly indicated. "Taxes" means any sales, use, property, value added, or other transactional taxes arising from your use of any Wyndo Services. You are responsible for the payment of such Taxes.
Devices. You are solely responsible for providing compatible connectivity devices and a secure internet connection, and for any third-party fees you incur.
Payment Processing. Wyndo does not directly handle credit card transactions. We may use third-party payment processors, and you agree to be bound by their terms where applicable.
Your Content
You agree that any User Content uploaded or customized is your own or you have explicit permission from the owner. You grant to us a fully paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, and fully sublicensable license to reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, and otherwise use your User Content for the purposes of operating and promoting Wyndo Services.
We reserve the right to edit, modify, or delete User Content and User Data at our discretion within our platform. We take no responsibility for any loss or damage to User Content.
Copyright and Trademark. We respect intellectual property rights. Valid notices of infringement may result in suspension or termination of the relevant User Account.
Security. We utilize policies, procedures, and technical measures to protect your personal information. However, we cannot guarantee that unauthorized access will never occur. You provide personal information at your own risk.
License, Restrictions & Ownership
We grant you a nontransferable, nonexclusive, revocable, limited use license to use and access Wyndo Services solely for your own personal, noncommercial use on any compatible device that you own or control.
You agree not to: license, sell, rent, lease, transfer, or commercially exploit any Wyndo Services; modify, disassemble, reverse compile, or reverse engineer any part of any Wyndo Services; or access any Wyndo Services to build a similar or competitive service.
Wyndo Services are licensed and not sold to you. We own all Intellectual Property Rights in the Wyndo Services. There are no implied licenses granted under this Agreement.
Liability, Warranties & Indemnity
Your use of any Wyndo Service is at your sole risk. The Wyndo Services are provided on an "as is" and "as available" basis, without any guarantee or warranty of any kind, statutory, expressed or implied, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or noninfringement — all of which are expressly disclaimed.
To the maximum extent permitted by applicable law, under no circumstances are we liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for lost profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the Wyndo Services.
Our liability to you for any damages will at all times be limited to the greater of (i) the fees paid by you to us in the preceding twelve (12) months or (ii) fifty U.S. dollars ($50.00).
Indemnity. You will indemnify, defend, and hold us harmless from and against any claims, losses, damages, judgments, penalties, and expenses arising from: (i) breach of your representations or obligations; (ii) your use of Wyndo Services; (iii) your violation of any law; (iv) unauthorized access using your credentials; (v) your violation of any third-party right.
Processing Errors. We are not responsible for any monetary losses while using the Wyndo Services. You are responsible for verifying calculations are correct.
Disputes & Arbitration
If a dispute arises, you agree to contact our support department first. Either party may request arbitration if the dispute cannot be resolved within 60 days.
All unresolved disputes shall be resolved by binding arbitration on an individual basis, conducted through the American Arbitration Association by a single, neutral arbitrator. The arbitration hearing will be held in Orange County, Florida, unless otherwise agreed.
All disputes must be arbitrated or litigated on an individual basis and not on a class basis. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration.
Governing Law. This Agreement shall be governed by the laws of the State of Florida consistent with the Federal Arbitration Act, without regard to conflict of law principles.
Time Limit. Any cause of action must commence within one (1) year after the cause of action accrues. Otherwise, it is permanently barred.
Miscellaneous
Term and Termination. This Agreement commences when you first use Wyndo Services and continues for your subscription term. We may terminate your access without notice for any reason. Upon termination, you have thirty (30) days to extract your User Content and User Data.
Assignment. You may not transfer or assign this Agreement without our written consent. We may assign it without restriction.
Right to Amend. We reserve the right to alter the terms of this Agreement at any time. Continued use after publication of changes constitutes acceptance.
Third-Party Services. Wyndo Services may integrate with third-party services. Once your information is shared with a third-party service, its use is governed by that third party's privacy policy. We are not responsible for any third-party websites, applications, or ads.
Notices. We may post notices on our websites, via email, or in your User Account. You consent to receive communications electronically.
Personal Guarantee. The signer of any Wyndo Agreement unconditionally guarantees performance of the User's obligations and payment of all sums due.
Waiver. Failure to enforce any provision on one occasion is not a waiver on any other occasion.
Consumer Complaints. In accordance with California Civil Code §1,789.3, complaints may be reported to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or (800) 952-5210.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof.
Force Majeure. We are not liable for delays or failures resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargos, fire, floods, accidents, or shortages of transportation, fuel, energy, labor, or materials.
Questions. Contact Customer Support Services or visit the contact information on our website for any questions, complaints, or claims.