Terms and Conditions - Wand Social Wall Platform

Wand Social Wall Platform — Terms and Conditions

Effective Date: July 8, 2025

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. 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 (for example, you are not on any trade sanctions or denied parties list or located in a country where use of the Service is unlawful).

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 (such as contact details and payment information) up to date. Each User must maintain only one account unless expressly permitted by us in writing. You must not misrepresent your identity or affiliate your account with any other person or organization without proper authorization.

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 at our contact email (provided in Section 14) if you become aware of any unauthorized use of your account or any breach of security. Wand will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

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. You agree to use reasonable efforts to monitor and control the use of your account and ensure that anyone using your account (if you authorize an employee or agent, for example) complies with these Terms. If you are an organization, you are responsible for ensuring that all persons who access the Service through your account are aware of and comply with these Terms. Wand reserves the right to suspend or terminate your account if any activity occurring under your account violates these Terms or any applicable law.

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. All fees are stated in United States Dollars (USD) unless otherwise specified, and are exclusive of any taxes, duties, or similar governmental assessments. You are responsible for paying any such taxes (e.g., VAT) applicable to your use of the Service, based on your billing address and applicable tax laws.

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 (such as a credit card or other accepted payment provider), and you authorize Wand to automatically charge the subscription fee to your provided payment method at the start of each billing cycle. The billing cycle begins on the day you subscribe and recurs on the same day each month. If your payment method is declined or fails for any reason, we will attempt to contact you and may retry billing. If payment remains unsuccessful, we may suspend or restrict your account for non-payment, and you will remain responsible for any unpaid amounts. You must resolve any payment issues promptly to restore service.

3.3 Auto-Renewal and Cancellation: Your subscription will automatically renew at the end of each monthly billing period unless and until you properly cancel your subscription or we terminate it in accordance with these Terms. By default, you consent to the automatic renewal. If you do not wish to renew, you must cancel your subscription before the end of the current billing period to avoid being charged for the next period. You may cancel at any time through your account settings or by contacting our support team. Upon cancellation, your subscription will remain active until the end of the current paid month, and no further billing will occur. 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. In the event of a fee change, we will provide you with reasonable advance notice (for example, by email or through a prominent notice on the Service). Fee changes will take effect at the start of the next billing cycle following the notice period. If you do not agree to a fee change, you may cancel your subscription before the new rate takes effect; otherwise, your continued use of the Service after the effective date of the change will constitute acceptance of the new fees.

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 or any portion of it to or with any third party without our prior written consent. Any attempt to circumvent our fee structure (for example, by sharing one paid account among multiple unaffiliated users or displaying the social wall for third-party commercial use without an appropriate subscription) is a violation of these Terms and may result in additional charges, suspension, or termination of your account.

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 on websites, digital displays, or other interfaces as enabled by the Service. This license is provided solely for your internal business or personal purposes in connection with the Service’s intended functionality, and no ownership rights are conveyed to you. All rights not expressly granted to you are reserved by Wand and its licensors.

4.2 Permitted Use: You may use the Wand platform, including any widgets, embed codes, or software we provide, to create and display a “social wall” that shows aggregated content from your connected social media accounts (e.g., Instagram, Facebook, Twitter) on your own websites or physical digital screens. You may also use our interface and features to moderate content, customize the display, and perform other actions offered by Wand. This permitted use includes the right to temporarily download software or scripts (for example, an embed snippet or API responses) onto your devices for the sole purpose of using the Service as provided by Wand.

4.3 Restrictions on Use: The license granted is subject to the following restrictions and conditions. You agree not to do, or attempt to do, any of the following:

4.4 Monitoring and Suspension: Wand may, at its discretion, monitor your use of the Service to ensure quality, improve our offerings, and verify compliance with these Terms. If we determine that you have violated any provision of these Terms or that your use of the Service poses a security, legal, or operational risk to us or others, we reserve the right to suspend or limit your access while the issue is investigated. Repeated or serious violations may result in termination of your account as described in Section 9. We also reserve the right to modify or discontinue any part of the Service (or the entire Service) as set forth in Section 13, provided that if we discontinue the Service entirely, you may be entitled to a pro-rata refund of any pre-paid fees for the unused portion of your subscription.

5. User-Generated Content Rights and Licenses

5.1 Content Aggregation and Your Ownership: Wand enables you to aggregate and display content from your social media accounts (such as posts, photos, videos, comments, and other materials from Instagram, Facebook, Twitter, etc.) and possibly from specific hashtags or feeds you configure (collectively, “User-Generated Content” or “Content”). 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 do not grant us any ownership of your content; rather, they grant us certain rights to use your content as described below, solely for providing and improving the Service.

5.2 Your License to Wand: By connecting your social media accounts to Wand and allowing us to retrieve content, or by manually submitting any content to the Service, you grant Wand a worldwide, royalty-free, non-exclusive license (with the right to sublicense to our service providers and partners as necessary) to use, reproduce, cache, modify (e.g. reformat or resize), publish, display, perform, and distribute your User-Generated Content solely for the purposes of operating, developing, and providing the Service (including improving and marketing features of the Service related to content display, in a manner that does not publicly reveal personal data without consent). This license enables Wand, for example, to store your content on our servers, format it for display on your social wall or related widgets, and transmit it to end users viewing the wall. We will not use or display your content in any manner outside the intended functionality of the Service without your consent. You represent and warrant that you have all rights and authority necessary to grant this license to Wand for all content you provide or allow us to access.

5.3 Third-Party Content and Consents: You acknowledge that when you use Wand to aggregate content from third-party social platforms, the content may include material owned by others (for example, content posted by your followers or other third-party users on social networks). It is your responsibility to ensure that you have the legal right (under the third-party platform’s terms and under applicable law) to collect and display such third-party content via Wand. Wand is providing the technical means to fetch and display content which you select; Wand does not automatically verify rights to individual pieces of content. By using the Service, you confirm that either (a) you are the creator and owner of all content aggregated in your social wall, or (b) you have obtained all necessary permissions, licenses, or consents from the rightful owners to use and display the content through the Service. You agree that you will not use Wand to aggregate or display any content if doing so violates any third-party rights or any platform’s terms of service. For example, you must adhere to Instagram’s, Facebook’s, and Twitter’s user agreements and policies when you connect those accounts to Wand. If a third-party platform (or its user) revokes your right to use certain content (for instance, by deleting a post or revoking Wand’s access), you agree to promptly remove such content from your social wall.

5.4 Compliance with Platform Terms: By connecting your social media accounts, you authorize Wand to communicate with those accounts on your behalf (using private API access and tokens) in order to retrieve content and perform the Service. You agree to abide by the terms of service of each third-party social media platform you connect to Wand. This includes, for example, Facebook’s Terms of Service, Twitter’s Terms of Service, and Instagram’s Terms of Use. You acknowledge that Wand is not affiliated with these third-party services, and your use of Wand must not violate the rules of those services. If a connected platform’s terms change or if your usage via Wand is flagged by that platform, you are responsible for taking any required actions (such as re-authenticating or ensuring compliance) to continue using Wand’s aggregation features. You can revoke Wand’s access to your third-party accounts at any time through the settings of those third-party services (for example, via Facebook’s or Twitter’s application settings), but doing so will impair or disable related features of the Service.

5.5 Content Guidelines and Warranties: You represent and warrant that all User-Generated Content you aggregate, submit, or display through Wand, and the use of such content by us as contemplated by the Service, will not:

5.6 Moderation and Removal: While Wand is not responsible for pre-screening content, we reserve the right (but do not assume the obligation) to monitor, review, or moderate any User-Generated Content on our platform. Wand may remove, edit, or disable access to any content at any time at our sole discretion, with or without notice, if we believe the content violates these Terms, could subject us or others to liability, or is otherwise objectionable. This can include disabling particular posts from your social wall or suspending your social wall entirely if necessary. Wand is not responsible for any loss of data or content you incur as a result of such removal. You remain solely responsible for the content you choose to display and for keeping backups of any data you wish to retain.

5.7 Data Retention and Deletion: If you delete or remove content from your connected social media accounts, or if you disconnect a social account from Wand, the Service will endeavor to stop retrieving new data from that account and may remove the previously aggregated content from your social wall in due course. However, you acknowledge that caching or technical storage by Wand (and by viewers’ browsers or devices) may not be immediately purged, and removed content might persist in backup copies for a reasonable period. Upon termination of your Wand account (by you or by us), we may permanently delete your aggregated content and settings from our servers, and you will no longer have access to that data. It is your responsibility to export or back up any content or data from the Service prior to termination if you wish to retain it (subject to any rights or restrictions from the original source platforms).

6. Prohibited Activities

In using Wand and the Service, you agree not to engage in any of the following prohibited activities, and not to assist or permit any other person to do so:

7. API Access Terms (Private APIs Only)

Wand may provide you with access to certain application programming interfaces (“APIs”) or developer tools to facilitate integration of the Service with your own systems or to retrieve/update content programmatically. Access to any Wand API is provided on a private, authorized basis only and is not publicly available to all users. The following additional terms apply to any use of our APIs or developer tools:

7.1 API Credentials: In order to use the Wand API, you must have an active Wand account and obtain unique authentication credentials (such as an API key, token, or client ID/secret) from us. These credentials are personal to you (or your organization) and serve to identify and authenticate your API requests. You must keep your API credentials confidential and secure. Do not share, publish, or expose your API keys or other credentials to any unauthorized individuals or on any public platform (including code repositories). You are responsible for all activities performed using your API credentials, whether or not authorized by you. If you suspect that your API keys have been compromised or misused, you must notify us immediately and reset the credentials.

7.2 Permitted API Use: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Wand API solely for purposes of supporting your authorized use of the Service. This means you may use the API to retrieve content from or submit content to your Wand social wall, to integrate Wand’s functionalities into your own website or application, or to otherwise facilitate the display and management of social content as provided by Wand. Your use of the API must comply with all API documentation and usage guidelines provided by Wand (if any), and with these Terms. You may not use the API for any purpose that the base Service itself does not allow (for instance, you cannot use the API to access data or features that you would not be permitted to access through the normal user interface).

7.3 API Usage Restrictions: When accessing the Service via the API, you are subject to all the Prohibited Activities in Section 6 above, as well as the following specific restrictions:

7.4 API Updates and Availability: Wand may from time to time update or modify the API, its endpoints, or required credentials. We will use reasonable efforts to inform you of major changes (such as deprecating an endpoint or changing authentication method) with advance notice. However, we reserve the right to make changes with or without notice, especially if necessary for security or legal compliance. You are responsible for updating your applications to conform to the latest API specifications. Wand does not guarantee that the API will be available at all times or that it will maintain any particular uptime. Access may be suspended temporarily or permanently if needed (for example, to prevent abuse or during system maintenance).

7.5 Revocation of API Access: Because our API is private and provided at our discretion, Wand reserves the right to revoke or limit your API access at any time for any reason. We may do so if we suspect misuse of the API, violation of these Terms, or any behavior that threatens the stability, security, or integrity of our Service or the data of other users. We will generally attempt to notify you of any suspension or revocation of API access, but in urgent cases we may disable access first and notify thereafter. You agree that Wand will not be liable to you for any loss or damages arising from any modification, suspension, or termination of your access to the API.

7.6 Proprietary Rights: The API, including all intellectual property rights therein, is and shall remain the property of Wand and its licensors. Nothing in these Terms or your use of the API grants you any ownership in the API or the underlying software, databases, or data. Any rights not expressly granted in this Section are reserved. If you provide feedback or suggestions regarding the API, we may use such feedback without obligation to you.

8. Intellectual Property

8.1 Ownership of Service and Materials: As between Wand and you, Wand (and/or its affiliates and licensors) owns and retains all right, title, and interest in and to the Service and all content and materials provided by Wand through the Service, including but not limited to the software, technology, algorithms, user interfaces, databases, logos, trademarks, trade names, branding elements, designs, and “look and feel” of the Service, and any and all intellectual property rights therein. This Agreement does not transfer any Wand intellectual property or proprietary rights to you. Your use of the Service does not grant you any ownership or rights in the Service or in any content provided by Wand or other users, except for the limited usage rights expressly set forth in these Terms.

8.2 Trademarks: “Wand” and any associated logos, slogans, or graphics used in connection with the Service are trademarks or service marks of the Company (whether registered or unregistered) in various jurisdictions. Other product and company names that appear on the Service may be trademarks of their respective owners. You are not granted any right or license to use any trademarks of Wand or any third party without the prior written consent of the applicable trademark owner. Specifically, you may not use the Wand name or logo in any manner (for example, in advertising or publicity) without our prior written authorization, except as required for reasonable use of the Service (such as to identify your use of Wand’s service in a factual manner).

8.3 License to Use Feedback: If you elect to provide any feedback, comments, or suggestions for improvement of the Service (for example, bug reports or feature requests) (“Feedback”), you hereby grant Wand a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback in the Service or other products or services without any obligation to you. Wand will not publicly attribute such feedback to you without permission. This provision is intended to allow the Company to improve its offerings and does not obligate Wand to act on any Feedback provided.

8.4 Third-Party Content and Software: The Service may include or interoperate with software, data, or content licensed from third parties. For example, Wand utilizes APIs from social media platforms (Instagram, Facebook, Twitter, etc.) to fetch User-Generated Content. All third-party software or content integrated into the Service remains the property of its respective owners and may be subject to additional license terms imposed by those owners. You agree to abide by all such additional terms. Wand is not responsible for the content or practices of third-party sites or services that it does not own, even if our Service links to or relies on them.

8.5 No Contest: You shall not contest or challenge, or assist any third party in contesting or challenging, the validity, enforceability, ownership, or title of any intellectual property or proprietary rights of Wand, including any patents, trademarks, service marks, or trade secrets. Any goodwill arising from use of Wand’s trademarks or service marks shall inure solely to the benefit of Wand.

8.6 Intellectual Property Protection: You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. This includes any notices on our website, within our application interfaces, or on content delivered through the Service. If you become aware of any infringement or unauthorized use of Wand’s intellectual property, you agree to promptly notify us.

9. Termination and Suspension

9.1 By the Company (Wand): Wand reserves the right to suspend or terminate your access to the Service (in whole or in part), or cancel your account, at any time with or without cause and with or without prior notice, at our sole discretion. This means that we may terminate the agreement embodied by these Terms and your right to use the Service if: (a) you have breached any provision of these Terms or we reasonably suspect that you have breached the Terms or violated applicable law; (b) we are required to do so to comply with a legal requirement or court order; (c) we believe your use of the Service poses a security, stability, or liability risk to us or any other party; (d) you fail to pay the subscription fees or any other amounts due, or (e) we decide to discontinue the Service or a portion thereof (for example, if offering the Service in your region becomes impractical or illegal). In any case of termination by us without cause (e.g. if we discontinue the Service entirely), we will make reasonable efforts to provide a pro-rata refund for any prepaid period that you will not be able to use due to termination. However, if termination or suspension is due to your violation of these Terms or law, no refund will be issued, and we may further pursue any remedies available to us at law or equity.

9.2 By the User (You): You may terminate your account and subscription with Wand at any time if you no longer wish to use the Service. You may do this by using the account cancellation feature (if provided in your account settings) or by contacting Wand support with a request to terminate. Except as otherwise agreed in writing or as required by law, termination by you will be effective at the end of your current billing period after your notice of termination. (For example, if you cancel mid-month, your account may remain active until the end of that paid month and then will not renew.) Upon providing notice of termination, you are still responsible for any fees and charges incurred up to the point of termination. If you simply stop using the Service without explicitly canceling, your account may remain active and continue to incur charges until you formally cancel or until we determine that your account has been abandoned and we decide to terminate it.

9.3 Effect of Termination: Upon any termination of your account, whether initiated by you or by Wand, your right to access or use the Service will immediately cease (or, if a future termination date is specified, on that date). You must cease all use of the Service, and any licenses granted to you under these Terms will immediately end. We may, at our discretion, disable or delete your account and all associated data, content, or information after the effective date of termination. It is your responsibility to export or secure any data or content from the Service prior to termination if you wish to retain it (to the extent such export is permitted by the Service). Wand is not obligated to provide you with a copy of your data or content after termination, and we may delete all such data securely, except to the extent we are required to retain certain information by law or for legitimate business purposes.

9.4 Surviving Provisions: All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation: any obligation to pay outstanding fees, provisions regarding ownership or use of intellectual property, disclaimers of warranty, limitations of liability, indemnification obligations, dispute resolution agreements, and governing law clauses. Termination of your account does not relieve you of any liability or obligation incurred prior to termination (such as liability for payments due or for breaches of the Terms).

9.5 Suspension: In lieu of termination, Wand may elect to temporarily suspend your account or access to certain features of the Service, particularly if an issue can be resolved without full termination. During suspension, you may not have access to your content or the Service functionality. We may maintain your data during suspension and will restore full access once we are satisfied that the cause of suspension has been remedied. However, if you do not resolve the issues leading to suspension within a reasonable time, we may proceed to terminate your account.

9.6 No Liability for Termination: To the maximum extent permitted by law, Wand will not be liable to you or any third party for any costs or damages resulting from our legitimate termination or suspension of your account or access to the Service, provided that we act in accordance with these Terms. It is understood that your sole remedy if you disagree with any modifications to or dissatisfaction with the Service (including any changes to these Terms) is to terminate your use of the Service.

10. Disclaimers and Limitation of Liability

10.1 Disclaimers — “As Is” and “As Available”: The Service (including all content, functionality, software, and materials) is provided by Wand “AS IS” and “AS AVAILABLE,” without any representations or warranties of any kind, either express or implied. Use of the Service is at your own risk. To the fullest extent permitted by applicable law, Wand, on behalf of itself and its affiliates, licensors, and suppliers, expressly disclaims all warranties, express, implied or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, or quality. We do not guarantee that the Service will meet your requirements or expectations, or that it will achieve any intended results. Wand makes no warranty that the Service will be uninterrupted, timely, secure, or error-free, or that any defects or errors will be corrected. We also do not warrant that the information or content obtained through the Service (including any social media content aggregated) is accurate, complete, or reliable. You understand that any content or data obtained or downloaded through the use of the Service is obtained at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from such download or use.

10.2 Third-Party Services Disclaimer: Wand’s Service relies in part on integration with third-party platforms (such as Instagram, Facebook, Twitter, and others) via their APIs and services. We make no guarantee regarding the continued availability or compatibility of those third-party services. You acknowledge that third-party platforms may change their services, APIs, or terms, which can impact Wand’s ability to function as intended. Such changes or limitations imposed by third parties are beyond Wand’s control, and Wand shall not be responsible for any inability to retrieve or display content due to actions of third-party providers (for example, if a social media provider revokes access or experiences outages). Additionally, Wand does not warrant or endorse any content provided via third-party services. Any agreements or interactions you have with third-party services (including connecting your accounts or obtaining content) are solely between you and those providers under their terms.

10.3 Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Wand, its parent company, affiliates, officers, directors, employees, agents, partners, suppliers, or licensors be liable to you or any third party for any indirect, incidental, special, consequential, exemplary or punitive damages whatsoever, including but not limited to damages for lost profits, lost revenue, lost business opportunities, loss of goodwill, loss of data, service interruption, computer damage, or procurement of substitute services, arising out of or in connection with the Service, these Terms, or your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages. This limitation of liability applies whether the claim is based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.

10.4 Cap on Liability: To the extent that liability cannot be completely disclaimed and notwithstanding anything to the contrary in these Terms, the total aggregate liability of Wand and its affiliates, and their respective officers, employees, and agents, for any and all claims arising from or related to the Service or these Terms shall not exceed the amount actually paid by you to Wand for the Service in the twelve (12) months immediately preceding the event giving rise to such claim. If you have not paid Wand any amounts in that period (for example, if you are using a free trial or you bring a claim after your subscription has ended), the sole and exclusive remedy for any liability shall be limited to an amount of USD $100. The existence of multiple claims or suits under or related to these Terms or the Service will not enlarge or extend this limit.

10.5 Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If any exclusion or limitation in this Section 10 is held to be invalid or unenforceable by a competent court, arbitrator, or authority, then such portion shall be interpreted to give maximum effect to its intent as permitted by law, and the remaining exclusions and limitations shall remain in full force and effect. In particular, nothing in these Terms is intended to limit or exclude any liability that cannot be limited or excluded under applicable law (for example, certain statutory liabilities or liabilities for intentional misconduct). However, in such cases, Wand’s liability will be limited to the fullest extent permitted by applicable law.

10.6 No Responsibility for Actions of Others: You acknowledge that Wand is a provider of a platform that displays content largely controlled by users. We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. This includes any disputes you may have with viewers of your social wall, with owners of content that appears on your wall, or with other users of our Service. You agree that we have no obligation to intervene in such disputes.

10.7 Beta Services: From time to time, Wand may offer new features or tools on the Service as “beta” or on a trial basis. Any beta services or features are provided “as is” with no warranties whatsoever and may be even less stable than the main Service. Your use of beta features is entirely at your own risk, and we may discontinue beta features at any time.

11. Indemnity

You agree to indemnify, defend, and hold harmless Wand, its parent company, subsidiaries, and affiliates, and their respective officers, directors, employees, agents, partners, and licensors (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, claims, demands, damages, judgments, awards, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to any third-party claims due to or resulting from:

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). In such cases, you agree to cooperate fully with our defense of the claim. You shall not settle any claim that imposes any obligation or liability on any of the Indemnified Parties without obtaining our prior written consent.

This indemnification provision will survive the termination of your account or these Terms and the termination of the Service. Your indemnification obligations are not capped by the limitation of liability in Section 10.4, to the extent such liabilities arise from third-party claims — meaning you may be responsible for the full amount of damages and liabilities incurred by the Indemnified Parties due to your actions, in addition to any direct liabilities you incur.

12. Governing Law and Dispute Resolution

12.1 Governing Law: Unless otherwise required by the law of your jurisdiction (such as certain consumer protection laws that may apply to you), these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or your use of the Service shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE). This choice of law applies without regard to principles of conflict of laws, meaning that if you reside or use the Service in a different country, and that country’s laws would normally apply its own conflict-of-law rules, the UAE law will still govern to the maximum extent permissible. If you are a consumer located outside the Middle East and your local law provides you with certain mandatory protections or rights, nothing in this Section 12.1 is meant to supersede those protections; in all other cases, UAE law will govern.

12.2 Jurisdiction: You and Wand agree to submit to the exclusive jurisdiction of the courts of the United Arab Emirates for the settlement of any dispute or claim that arises out of or in connection with these Terms or the Service. Unless Wand elects otherwise (for example, to accommodate local legal requirements), the specific venue for any proceedings shall be the courts located in the Emirate of Abu Dhabi, UAE. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts, including any argument that such forum is not convenient. However, nothing in these Terms restricts Wand’s right to seek injunctive or other equitable relief in any court of competent jurisdiction worldwide, including interim relief to halt alleged infringement of intellectual property or misuse of the Service pending formal resolution in the chosen forum.

12.3 Alternative Dispute Resolution: Before filing a formal lawsuit, you agree to first try to resolve the dispute informally by contacting us (per the Contact Information in Section 14) and providing a brief written description of your dispute and your contact information. We similarly agree to attempt to resolve any dispute informally by contacting you at the email address on your account. If a dispute is not resolved within 30 days of the first good-faith notification, either party may proceed to formal legal proceedings. (Nothing in this clause precludes either party from seeking immediate injunctive relief if warranted to prevent imminent harm.)

12.4 Special Provision for UAE Government Laws: You acknowledge that the content standards and online regulations in the UAE and Middle Eastern region can be strict. By using Wand in the Middle East, you agree to comply with any applicable regulations, such as the UAE’s content codes and cybercrime laws, and you acknowledge that these Terms will be interpreted, to the extent possible, in a manner consistent with such local laws and norms. If any provision of these Terms is unlawful or unenforceable under UAE law, the remaining provisions shall remain in full effect and an enforceable provision that most closely matches the intent of the original shall be substituted.

12.5 Time Limits: To the extent permitted by law, any claim or cause of action you have arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or else it will be permanently barred. (This limitations period does not apply to claims by Wand for unpaid fees or misuse of intellectual property, which will be allowed to the maximum extent permitted by law.)

13. Modifications to Terms

13.1 Right to Modify: Wand reserves the right to modify or update these Terms at any time. We may make changes to accommodate new technologies, regulatory requirements, business practices, or for other valid reasons. Whenever we make material changes to these Terms, we will provide you with clear notice as appropriate (for example, by email to the address associated with your account, or by a prominent notice on our website or within the Service interface). The notice will include a summary of the changes and the date on which the new Terms take effect.

13.2 Acceptance of Modified Terms: Your continued use of the Service after updated Terms have become effective will constitute your acceptance of the updated Terms. If you do not agree with any changes to the Terms, you must stop using the Service and (if applicable) cancel your subscription before the date the new Terms become effective. We encourage you to review the Terms periodically to ensure you understand the terms and conditions that apply to your use of the Service. The “Effective Date” at the top of this document will indicate when these Terms were last revised.

13.3 Non-Material Changes: Not all changes will be considered material. Non-material changes (such as minor textual edits, clarifications, or organizational changes) may be made and posted without specific notice to you, and such changes are effective immediately upon posting. It is your responsibility to check the Terms periodically for any updates. However, for any significant substantive changes that affect your rights or obligations, we will take steps to notify you as described above.

13.4 Changes to Service: Separately from changes to these Terms, Wand may also, from time to time, modify, discontinue, or add to the Service itself (for example, adding or removing features, or updating the software). We reserve the right to do so at our discretion. If any such change to the Service requires a change to these Terms, we will handle that via the Terms modification process. If you object to any changes in the Service or features, your only recourse is to cease using the affected Service or feature.

13.5 Transfer and Assignment: (No change to Terms without our consent) — For clarity, while Wand may modify these Terms as stated, you may not modify these Terms or any part thereof without our written agreement. Additionally, you may not assign or transfer your rights or obligations under these Terms to any third party (by operation of law or otherwise) without our prior written consent; any attempted assignment in violation of this provision is void. Wand may freely assign or transfer these Terms (in whole or in part) as part of a merger, acquisition, sale of assets, reorganization, or other transaction involving the Service.

14. Contact Information

If you have any questions, concerns, or comments about these Terms or the Service, or if you need to provide legal notice to Wand, please contact us using the information below:

Privacy Officer — KRDS Software Development Private Limited
2nd Floor, G3 Buildings,
Cross Street, off Lattice Bridge Road,
A.I.B.E.A. Nagar, Bharathi Nagar,
Thiruvanmiyur,
Chennai,
Tamil Nadu 600041, India
Email: contactchennai@krds.com

We will endeavor to respond to inquiries or requests as soon as practicable. Communications regarding disputes or legal matters should be made in writing to the postal address or the legal contact email provided above.

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 for all our users worldwide, with special attention to the cultural and legal expectations of the communities we serve.