1. Acceptance of Terms
These Terms and Conditions (the "Terms") constitute a legally binding agreement between you (the "User," "you," or "your") and Wand (the provider of the Wand social wall platform, referred to as "Wand," "Company," "we," or "us"). By creating an account or otherwise accessing or using the Wand service, website, and related software (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms.
Important Notice
If you do not agree to any part of these Terms, you must not use the Service. Using the Service in any manner means you accept these Terms.
If you are using Wand on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.
2. User Eligibility and Account Responsibilities
2.1 Eligibility
The Service is intended for users who are at least 18 years old. By registering an account, you represent that you are 18 years of age or older, and legally capable of entering into binding contracts. If you are at least 13 but under 18 (or the age of legal majority in your jurisdiction), you may only use Wand under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
Individuals under 13 years old are not permitted to use the Service. You also represent that you are not barred from using the Service under any applicable laws.
2.2 Account Registration
To access and use Wand, you must create an account by providing truthful, accurate, and complete information as requested during the sign-up process. You agree to keep your account information up to date. Each User must maintain only one account unless expressly permitted by us in writing.
2.3 Account Security
You are responsible for maintaining the confidentiality and security of your account login credentials. You agree not to share your username, password, API keys, or other access credentials with any unauthorized person. You must notify us immediately if you become aware of any unauthorized use of your account or any breach of security.
2.4 Responsibility for Account Activity
You are fully responsible for all activities that occur under your account, whether or not you authorized them. This includes any content posted, fetched, or displayed through the Service via your account and any charges or fees incurred.
3. Subscription Fees and Payment Terms
3.1 Subscription and Fees
Wand is offered on a subscription basis for a flat fee of USD $100 per month. By subscribing to the Service, you agree to pay the monthly subscription fee and any applicable taxes or charges cited at the time of purchase.
3.2 Billing and Payment
Subscription fees will be billed in advance on a monthly recurring basis. When you sign up, you must provide a valid payment method, and you authorize Wand to automatically charge the subscription fee to your provided payment method at the start of each billing cycle.
3.3 Auto-Renewal and Cancellation
Your subscription will automatically renew at the end of each monthly billing period unless you cancel before the end of the current billing period. You may cancel at any time through your account settings or by contacting our support team.
Refund Policy
We do not provide refunds or credits for partial months, for downgraded service, or for any unused time in your subscription after cancellation, except where required by law. All sales are final on each billing cycle.
3.4 Changes to Fees
Wand reserves the right to modify the subscription fee or introduce new fees for additional services in the future. We will provide you with reasonable advance notice of any fee changes.
3.5 No Fee Sharing or Resale
Your subscription is personal to you or your organization and covers your internal use of the Service only. You may not resell, rent, or share the Service to any third party without our prior written consent.
4. Use of the Service and License Grant
4.1 License Grant
Subject to your compliance with these Terms and your payment of all applicable fees, Wand grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for the purpose of aggregating and displaying social media content.
4.2 Permitted Use
You may use the Wand platform to create and display a "social wall" that shows aggregated content from your connected social media accounts on your own websites or physical digital screens.
4.3 Restrictions on Use
You agree not to do, or attempt to do, any of the following:
- • No Unauthorized Copies: Do not copy, modify, or create derivative works based on the Service
- • No Unauthorized Distribution: Do not distribute or make the Service available to third parties
- • No Reverse Engineering: Do not reverse engineer or decompile any part of the Service
- • Respect Technical Limits: Do not circumvent usage limits or security measures
- • Compliance: Use the Service only in compliance with these Terms and all applicable laws
5. User-Generated Content Rights and Licenses
5.1 Content Aggregation and Your Ownership
You retain any ownership rights that you already hold in the content from your social media accounts. Wand does not claim ownership of your User-Generated Content. These Terms grant us certain rights to use your content solely for providing and improving the Service.
5.2 Your License to Wand
By connecting your social media accounts to Wand, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, cache, modify, publish, display, and distribute your content solely for the purposes of operating and providing the Service.
5.3 Third-Party Content and Consents
It is your responsibility to ensure that you have the legal right to collect and display third-party content via Wand. You must adhere to the terms of service of connected social platforms.
5.4 Compliance with Platform Terms
You agree to abide by the terms of service of each third-party social media platform you connect to Wand, including Facebook's, Twitter's, and Instagram's Terms of Use.
5.5 Content Guidelines and Warranties
You represent and warrant that all content you aggregate will not:
- • Infringe intellectual property or privacy rights
- • Violate laws, regulations, or public morality standards
- • Contain viruses, malware, or harmful code
- • Be offensive, abusive, hateful, or obscene
- • Promote illegal or unethical activities
6. Prohibited Activities
In using Wand and the Service, you agree not to engage in any of the following prohibited activities:
- 6.1 Violating Laws or Rights:
Do not use the Service in any manner that violates applicable laws or infringes the rights of others.
- 6.2 Unauthorized Access:
Do not attempt to gain unauthorized access to the Service or breach security measures.
- 6.3 Misuse of Service:
Do not use the Service for fraudulent, misleading, or deceptive purposes.
- 6.4 Circumvention and Reverse Engineering:
Do not bypass technical protections or reverse engineer the Service.
- 6.5 Unauthorized Commercial Exploitation:
Do not commercialize the Service without authorization.
- 6.6 Private Information:
Do not collect or display private information without consent.
- 6.7 Malicious Activities:
Do not distribute viruses, malware, or use bots to interfere with the Service.
7. API Access Terms (Private APIs Only)
Wand may provide access to certain application programming interfaces ("APIs") to facilitate integration. Access is provided on a private, authorized basis only.
You must keep your API credentials confidential, comply with rate limits, and not use the API in ways that violate these Terms or applicable third-party platform terms.
8. Intellectual Property
Wand and its licensors own all intellectual property rights in the Service, including software, technology, algorithms, user interfaces, databases, logos, and trademarks. This Agreement does not transfer any ownership rights to you.
You may not use Wand trademarks or logos without prior written authorization.
9. Termination and Suspension
Wand reserves the right to suspend or terminate your access to the Service at any time, with or without cause. You may also terminate your account at any time by canceling your subscription.
Upon termination, your right to use the Service ceases immediately. We may delete your data after termination.
10. Disclaimers and Limitation of Liability
Service Provided "As Is"
The Service is provided "AS IS" and "AS AVAILABLE," without any warranties of any kind. Use is at your own risk.
Wand disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free service.
Limitation of Liability: Wand shall not be liable for any indirect, incidental, special, or consequential damages. Our total liability is limited to the amount you paid in the 12 months preceding the claim.
11. Indemnity
You agree to indemnify and hold harmless Wand from any claims, losses, or damages arising from:
- • Your use or misuse of the Service
- • Your breach of these Terms
- • Your violation of any laws or third-party rights
- • Content you provide through the Service
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the United Arab Emirates (UAE). You agree to submit to the exclusive jurisdiction of the courts of the UAE for any disputes arising from these Terms or the Service.
Before filing a lawsuit, you agree to attempt informal resolution by contacting us. Any claims must be filed within one year of arising.
13. Modifications to Terms
Wand reserves the right to modify these Terms at any time. We will notify you of material changes via email or a prominent notice on the Service.
Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you disagree, you must stop using the Service.
14. Data Deletion Requests
If you wish to request the deletion of your data from Facebook or other social media platforms that are connected to your Wand account, you have the right to do so in accordance with applicable data protection laws and the terms of service of those platforms.
14.1 Requesting Data Deletion
To submit a data deletion request for content from Facebook or other social media platforms displayed through the Wand platform, please contact us at the following email address:
14.2 Information Required
When submitting a data deletion request, please include the following information to help us process your request efficiently:
- • Your Wand account email address or username
- • The specific social media platform(s) from which you want data deleted (e.g., Facebook, Instagram, Twitter, etc.)
- • A clear description of the data you wish to have deleted
- • Any additional information that may help us identify and process your request
14.3 Processing Time
We will acknowledge your data deletion request within a reasonable timeframe and process it in accordance with applicable data protection laws. The time required to complete the deletion may vary depending on the nature and scope of the request.
14.4 Platform-Specific Considerations
Please note that data deletion requests may also need to be submitted directly to the respective social media platforms (Facebook, Instagram, Twitter, etc.) in accordance with their terms of service and data protection policies. Wand will assist in removing data from our platform, but you may need to contact the social media platforms directly for complete deletion from their systems.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us:
Privacy Officer — KRDS Software Development Private Limited
Second Floor G3 BuildingNew Door No 4
Bharathi Nagar Cross Street
Off L.B. Road, Thiruvanmiyur
Chennai - 600041
India
Email: wand@krds.fr
Thank you for reading these Terms and Conditions. By using Wand, you agree to abide by these Terms. We value your trust and are committed to providing a secure, compliant, and high-quality social wall service.