Effective Date: July 28, 2021
These Terms of Use (the "Terms") constitute a legally binding agreement between you and Confyday Inc. ("Confyday," "we," "us," or "our") governing your access to and use of the Wisme mobile application, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
Binding Agreement. By creating an account, accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
Modifications. We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Effective Date" above. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.
Additional Terms. Certain features of the Service may be subject to additional terms, guidelines, or rules that will be posted in connection with such features. All such additional terms are incorporated into these Terms by reference.
Minimum Age. You must be at least 13 years of age to use the Service. If you are between 13 and the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
Authority. You represent and warrant that you have the legal capacity and authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
Account Registration. To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.
Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.
One Account Per Person. You may maintain only one active account. You may not create an account on behalf of another person without their express permission, and you may not transfer your account to another person.
General Features. Wisme is a personal development and lifestyle platform that provides tools and features designed to support self-awareness, goal setting, productivity, and long-term growth. The Service includes, but is not limited to:
Creator and Monetization Features. The Service allows certain users ("Creators") to publish content, engage with followers, and monetize their presence through various mechanisms. Wisme provides the infrastructure and tools to facilitate these activities but does not itself offer, provide, or control the content, products, or services offered by Creators.
AI-Powered Features. The Service incorporates artificial intelligence and machine learning technologies that generate content, provide recommendations, and personalize user experiences. These AI-powered features operate through automated, probabilistic processes and are not deterministic.
Changes to the Service. We reserve the right at any time to modify, suspend, or discontinue the Service or any features thereof, temporarily or permanently, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
No Professional Services. Wisme is a productivity and lifestyle platform. The Service does not provide medical, psychological, therapeutic, mental health, financial, legal, or other professional advice or services. Nothing on the Service is intended as a substitute for professional consultation, diagnosis, or treatment.
Automated Generation. AI-generated content, suggestions, recommendations, and outputs provided through the Service (collectively, "AI Outputs") are created by automated systems using machine learning models. AI Outputs are not reviewed, verified, approved, or endorsed by Confyday or any human being unless expressly stated otherwise.
No Guarantees of Accuracy. AI Outputs may be inaccurate, incomplete, outdated, misleading, biased, inappropriate, or otherwise unreliable. We make no representations or warranties regarding the accuracy, reliability, completeness, currentness, or appropriateness of any AI Output.
No Medical, Psychological, or Professional Advice. AI Outputs do not constitute medical, psychological, therapeutic, mental health, financial, legal, or other professional advice. You should not rely on AI Outputs for any purpose requiring professional expertise. If you require professional advice, you must consult a qualified professional.
User Responsibility. You are solely responsible for evaluating, verifying, and determining the appropriateness of any AI Output before relying on or acting upon it. You assume all risks associated with your use of AI Outputs.
No Liability for AI Outputs. To the maximum extent permitted by law, Confyday disclaims all liability for any harm, loss, or damage arising from or related to your use of, reliance on, or inability to use AI Outputs, including but not limited to any decisions, actions, or omissions based on AI Outputs.
Training and Improvement. Your interactions with AI-powered features, including inputs you provide and outputs you receive, may be used to train, improve, evaluate, and enhance AI systems and the Service generally, subject to our Privacy Policy.
Definition. "User Content" means any content, data, information, text, images, photos, videos, audio, messages, prompts, journal entries, goals, routines, posts, comments, and other materials that you submit, upload, post, transmit, or otherwise make available through the Service, whether privately or publicly.
Ownership. You retain ownership of all intellectual property rights in your User Content, subject to the license granted below.
License Grant. By submitting User Content to the Service, you grant to Confyday and its affiliates, service providers, and successors a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit your User Content in connection with operating, providing, promoting, improving, and developing the Service and our business, including for purposes of training and improving artificial intelligence and machine learning models.
Scope of License. The license granted above includes the right to:
Moral Rights Waiver. To the extent permitted by applicable law, you waive any moral rights or similar rights you may have in your User Content.
Representations and Warranties. You represent and warrant that:
No Obligation to Monitor. We have no obligation to monitor, review, or edit User Content. However, we reserve the right to review, screen, modify, remove, or disable access to any User Content at any time and for any reason, with or without notice.
Responsibility for User Content. You are solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content.
User Interactions. The Service includes social and community features that allow users to interact with one another, including messaging, commenting, sharing content, and participating in community spaces. You acknowledge that such interactions are between users and that Confyday is not a party to or responsible for any such interactions.
No Screening of Users. We do not conduct background checks on users and make no representations regarding the identity, character, intentions, or suitability of any user.
User Conduct. You are solely responsible for your interactions with other users. You agree to exercise caution and good judgment in all interactions. You should not share personal information with other users unless you are comfortable doing so.
Disputes Between Users. If you have a dispute with another user, you release Confyday and its affiliates, officers, directors, employees, agents, and successors from any and all claims, demands, and damages of every kind arising out of or related to such dispute.
Reporting. If you believe another user has violated these Terms or engaged in harmful conduct, you may report such conduct through the Service's reporting mechanisms. We reserve the right, but have no obligation, to investigate and take action in response to reports.
Creator-User Relationships. Creators may offer subscriptions, products, services, donations, fundraisers, and other paid offerings through the Service. Confyday provides tools and infrastructure to facilitate these offerings but is not a party to any transaction, agreement, or relationship between Creators and users.
No Guarantees. We make no guarantees, representations, or warranties regarding Creator content, products, or services, or regarding a Creator's ability to earn revenue, attract an audience, or successfully monetize. Creators are solely responsible for the content, products, and services they offer.
Third-Party Payment Processing. Payments for Creator offerings are processed by third-party payment processors. Your use of payment processing services is subject to the terms and policies of those third parties. We are not responsible for the performance, errors, or failures of third-party payment processors.
Fees and Revenue Sharing. Confyday may charge fees or retain a percentage of revenue generated through Creator monetization features. Applicable fees will be disclosed through the Service or in separate agreements with Creators.
Discretion to Suspend or Remove. We reserve the right to suspend, limit, or remove monetization features or a Creator's access to such features at any time, with or without cause and with or without notice, including for violations of these Terms or applicable law.
Refunds and Disputes. Creators are responsible for managing refunds and resolving disputes with users regarding paid offerings. Confyday has no obligation to mediate or resolve such disputes or to issue refunds.
Taxes. Creators are solely responsible for determining, collecting, reporting, and remitting any taxes applicable to their monetization activities. Confyday does not provide tax advice.
Compliance with Laws. You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service in any way that violates any applicable local, state, national, or international law or regulation.
Prohibited Conduct. You agree not to:
Enforcement. Violations of this Section 8 may result in suspension or termination of your account and access to the Service, and may subject you to civil and criminal liability.
Ownership. The Service and all content, features, functionality, software, text, graphics, logos, images, video, audio, and other materials provided by Confyday (collectively, "Confyday Content") are owned by Confyday or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use.
Restrictions. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Confyday Content, except as expressly permitted by these Terms or with our prior written consent.
Trademarks. "Wisme," "Confyday," and related logos and product names are trademarks of Confyday Inc. You may not use these trademarks without our prior written permission.
Feedback. If you provide feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without compensation or attribution to you.
Copyright Infringement. We respect the intellectual property rights of others and expect users to do the same. If you believe that content on the Service infringes your copyright, please provide our designated copyright agent with the following information:
Copyright Agent Contact:
Confyday Inc.
ATTN: Copyright Agent
Email: info@confyday.com
Repeat Infringers. We will terminate the accounts of users who are repeat infringers in appropriate circumstances.
Third-Party Services. The Service may integrate with or provide access to third-party services, websites, applications, or content. We do not control, endorse, or assume responsibility for any third-party services. Your use of third-party services is at your own risk and subject to the terms and policies of those third parties.
Links. The Service may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of third-party websites and do not warrant and will not have any liability for any third-party materials or websites.
Privacy Policy. Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, disclose, and protect information. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.
Data Security. While we implement reasonable security measures to protect your information, no method of transmission or storage is completely secure. We cannot guarantee the absolute security of your information.
Termination by You. You may terminate your account at any time by following the account deletion procedures available through the Service or by contacting us at info@confyday.com.
Termination or Suspension by Us. We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, including if we believe you have violated these Terms, engaged in prohibited conduct, or pose a risk to other users or the Service.
Effect of Termination. Upon termination:
No Refunds. Except as required by law, we do not provide refunds for any fees paid in connection with the Service upon termination or suspension.
AS-IS Basis. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CONFYDAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
No Warranty of Availability. WE DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No Warranty of Outcomes. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT, INCLUDING IMPROVEMENTS IN PRODUCTIVITY, WELL-BEING, GOAL ACHIEVEMENT, OR PERSONAL DEVELOPMENT.
No Warranty of AI Outputs. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, APPROPRIATENESS, OR USEFULNESS OF ANY AI OUTPUT. AI OUTPUTS ARE AUTOMATED AND UNVERIFIED.
No Warranty of User Content. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, QUALITY, OR LEGALITY OF USER CONTENT OR THE CONDUCT OF USERS.
Jurisdictional Variations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CONFYDAY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO CONFYDAY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Basis of the Bargain. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS IN THESE TERMS REFLECT A REASONABLE ALLOCATION OF RISK AND THAT CONFYDAY WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.
Jurisdictional Variations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Your Indemnification Obligation. You agree to indemnify, defend, and hold harmless Confyday, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
Cooperation. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
Informal Resolution. Before filing a claim, you agree to contact us at info@confyday.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or Confyday may bring a formal proceeding.
Binding Arbitration. Except as provided below, you and Confyday agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in the English language.
Arbitration Location. The arbitration will take place in the county where you reside or in San Francisco, California, at your option.
Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in these Terms. If the value of your claim does not exceed $10,000, Confyday will pay all such fees unless the arbitrator determines your claims are frivolous.
Arbitrator's Authority. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.
Exceptions to Arbitration. Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
CLASS ACTION WAIVER. YOU AND CONFYDAY AGREE THAT ANY ARBITRATION OR COURT PROCEEDING WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND CONFYDAY INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW:
Severability. If any portion of this Section 17 is found to be unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable, this entire arbitration provision (but not the remainder of these Terms) will be void.
Opt-Out. You may opt out of this arbitration agreement by sending written notice to info@confyday.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.
Governing Law. These Terms and any dispute arising out of or related to these Terms or the Service will be governed by the laws of the State of California, without regard to its conflict of law principles.
Venue. To the extent arbitration does not apply or is inapplicable, you agree that any judicial proceeding will be brought exclusively in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.
Entire Agreement. These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Confyday regarding the Service and supersede all prior agreements and understandings.
Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision is void.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Notices. We may provide notices to you via email, posting on the Service, or other reasonable means. You agree that electronic notices satisfy any legal requirement that such communications be in writing. Notices to Confyday must be sent to info@confyday.com.
Export Control. You agree to comply with all applicable export and import control laws and regulations in your use of the Service.
U.S. Government Rights. If you are a U.S. government entity, the Service is a "commercial item" as defined at 48 C.F.R. §2.101, and you acquire only the rights specified in these Terms.
Interpretation. Headings are for convenience only and do not affect interpretation. The words "including" and similar terms are to be construed without limitation.
If you have questions about these Terms, please contact us at:
Confyday Inc.
Email: info@confyday.com
For support inquiries, please contact info@confyday.com.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.