Terms of Service
These User Terms of Service (the "User Terms") govern your access and use of our online workspace productivity tools and platform (the "Services"). Please read them carefully. Even though you are signing onto an existing Productspace, these User Terms apply to you as a user of the Services.
Contents
First Things First
These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms.
If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy.
"We", "our" and "us" currently refers to the applicable Wallow entity in the Contract (defined below).
Customer's Choices and Instructions
You are an Authorized User on a Productspace Controlled by a "Customer"
An organization or other third party that we refer to in these User Terms as "Customer" has invited you to a Productspace (i.e., a unique domain where a group of users may access the Services). If you are joining one of your employer's Productspaces, for example, Customer is your employer.
What This Means for You—and for Us
Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the "Contract") that permitted Customer to create and configure a Productspace so that you and others could join (each invitee granted access to the Services, including you, is an "Authorized User").
When an Authorized User (including you) submits content or information to the Services, such as messages or files ("Customer Data"), you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with many choices and control over that Customer Data.
The Relationship Between You, Customer and Us
AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER'S RESPONSIBILITY TO:
- Inform you and any authorized users of any relevant customer policies and practices and any settings that may impact the processing of customer data
- Obtain any rights, permissions or consents from you and any authorized users that are necessary for the lawful use of customer data and the operation of the services
- Ensure that the transfer and processing of customer data under the contract is lawful
- Respond to and resolve any dispute with you and any authorized user relating to or based on customer data, the services or customer's failure to fulfill these obligations
Wallow makes no representations or warranties of any kind, whether express or implied, to you relating to the services, which are provided to you on an "as is" and "as available" basis.
A Few Ground Rules
You Must be Over the Legal Age
To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen or anyone under the applicable age of majority according to the data protection laws and regulations in your jurisdiction.
You represent that you are over the legal age and are the intended recipient of Customer's invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true.
While You Are Here, You Must Follow the Rules
To help ensure a safe and productive work environment, all Authorized Users must comply with our Acceptable Use Policy and any applicable policies established by Customer. If you see inappropriate behavior or content, please report it to your Primary Owner or employer.
You Are Here At the Pleasure of Customer (and Us)
These User Terms remain effective until Customer's subscription for you expires or terminates, or your access to the Services has been terminated by Customer or us. Please contact Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms or the Acceptable Use Policy.
Limitation of Liability
If we believe that there is a violation of the Contract, User Terms, the Acceptable Use Policy, or any of our other policies that can simply be remedied by Customer's removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene.
IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Unless you are also a Customer, you will have no financial liability to us for a breach of these User Terms. Our maximum aggregate liability to you for any breach of the User Terms is one hundred dollars ($100) in the aggregate.
Application of Consumer Law
Wallow is a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply.
If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term.
Survival
The sections titled "The Relationship Between You, Customer, and Us," "Limitation of Liability," and "Survival," and all of the provisions under the general heading "General Provisions" will survive any termination or expiration of the User Terms.
General Provisions
Email and Wallow Messages
Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Authorized Users through the Services (e.g., a notification). Notices to Wallow should be sent to feedback@wallow.app, except for legal notices, which must be sent to legal@wallow.app.
Privacy Policy
Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.
Modifications
As our business evolves, we may change these User Terms or the Acceptable Use Policy. If we make a material change to the User Terms or the Acceptable Use Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services.
Waiver
No failure or delay by either party in exercising any right under the User Terms will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
Severability
The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.
Assignment
You may not assign any of your rights or delegate your obligations under these User Terms whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld).
Governing Law; Venue; Fees
The User Terms and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
Entire Agreement
The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
Contacting Wallow
Please feel free to contact us if you have any questions about Wallow's User Terms of Service. You may contact us at
or at our mailing address:
Wallow, Inc.
315 W 36th St. 5th floor
New York, NY 10018 USA