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WiSP Terms of Service

Last Updated: 3/2/25

These Terms of Service contain important information you should have, and by which you must agree to be bound, when using WiSP’s website, mobile application, or services.

THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WISP USA, INC. OR WISP LTD. ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

WISP USA, Inc., and its subsidiaries and affiliates (collectively “WiSP” or “we,” “us,” and similar pronouns) provides its services through WiSP’s web properties, including get-wisp.com (the “Site”); WiSPer and Console devices (each a “Device”); and WiSP’s mobile application(s) (the “App”), and other WiSP services (together with the Site, the Devices, and the App, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted in the Services from time to time, including, without limitation, the Privacy Policy located here. All such terms are hereby incorporated by reference into these Terms of Service. By agreeing to these Terms of Service, you are also agreeing to the provisions set forth in our Privacy Policy and in other applicable terms.

1. Access and Use of the Services

1.1 Limitations of the Devices, the App, and Services

WiSP is designed to help you and your friends reduce the risks arising from drinking alcoholic and non-alcoholic beverages by detecting harmful, controlled, or otherwise undesirable substances. By using the Services, you acknowledge and agree that the detection capabilities of the Devices, the App, and the Services are limited, and are focused on detecting defined types, compositions, concentrations, and/or combinations of substances. WiSP continues to receive updates to detect newly identified substances. Make sure to check the App regularly for the updated list of detectable substances. We make no guarantee that other substances may be present (or may be present in certain compositions, concentrations, or combinations) that the Devices and the Services are not designed to detect will not be present in, or used to “spike,” a drink that you test. We similarly make no guarantee that the Devices and the Services will be able to identify substances that are below certain concentration thresholds.

A WiSP test result provides information only about the beverage you tested at the time of the test. It does not monitor other substances you may consume, your surroundings, or your overall safety. Nor can WiSP be used to monitor, detect, or diagnose anything in or relating to your body. If you are using the Services to test alcoholic beverages, you should be aware that drinking alcohol always carries inherent risks, and using WiSP does not guarantee safe consumption of alcohol. Like all digital devices, WiSP may not function perfectly in every environment or instance.

Always use common sense and practice safe consumption habits: avoid accepting drinks from strangers, never leave your drink unattended, and rely on trusted friends to help ensure your safety. Please note that these safe consumption habits apply to both alcoholic and non-alcoholic beverages alike.

1.2 No Professional Advice Rendered

You acknowledge that any information offered through the Services or otherwise to you by the Company is intended for informational purposes only, and does not constitute legal, medical, or other professional advice. It is essential that you not make any medical decisions based on information you learned through WiSP’s Services without first consulting with a medical professional. WiSP’s communications with you, whether through the App, the Sites, otherwise through the Services, or through emails or other direct forms of communication, do not create an attorney-client or medical professional-patient relationship in any respect, nor do they represent an expansion of WiSP’s Privacy Policy. You agree that you must evaluate, and bear all risks associated with the use of the Devices, the App, the Site, and the Services, including any reliance on the accuracy, completeness, or usefulness of any information provided through the Devices, the App, the Site, or the Services. Should you choose to use the Services in connection with the consumption of alcoholic beverages, you additionally assume all risks associated with the consumption of alcohol.

1.3 Member Account, Email Address, Password and Security.

It is your responsibility to ensure you are using and providing a valid email address to sign up for the Services. If the email address you provide is incorrect, the Services you request may be interrupted and we will not be responsible for that interruption. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify WiSP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Company will not be liable for any loss or damage arising from your failure to comply with this Section.

1.4 Damaged devices; device functionality

This is important: do not use your WiSPer or Console Device if it is (or if you have reason to suspect that it is) broken, scratched, not properly functioning, or otherwise damaged. The Devices contain sensitive and potentially dangerous hardware. Do not assume that your Devices are functional if you have any doubts or concerns. Misuse of the Devices could cause physical harm. WiSP does not accept, and expressly disclaims, any liability for your use of any Device in violation of these terms.

In addition, you are responsible for ensuring that your Devices are properly charged and have the requisite Bluetooth or WiFi connection to function properly. If the Devices are not connected to Bluetooth or WiFI, certain aspects of the Services may not function properly, i.e., results of tests you have conducted may be accessible only through a Console Device and not through the App. Similarly, your intended use of the Services may require an internet or cellular connection, e.g., to connect with the App on your mobile device, or obtain updates to the App or a Device’s software, and the Services may not function properly, or you may not have access to all of the features of the Services, without cellular or internet service.

1.5 Modifications to Service

WiSP reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that WiSP will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

1.6 Mobile Services

To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.

1.7 Platform Terms

You can access the App through the Testflight Beta Platform for devices that use iOS operating system. By downloading and using the App, you agree to adhere to the Apple Media Services Terms and Conditions (“Apple Terms”), as applicable, and those Apple Terms are incorporated herein by reference. In particular you agree to adhere to any usage restrictions set out in the Apple Terms. If and to the extent that there is any conflict or inconsistency between (a) these Terms of Service and (b) the Apple Terms, these Terms of Service will prevail.

2. Conditions of Use

2.1 User Conduct

You agree to not use the Site, the App, the Devices, or the Services to:

  1. interfere with or disrupt the Services, or the servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  2. violate any applicable local, state, national or international law, or any regulations having the force of law;

  3. collect, store, or disclose the personal information of third-parties, or use that personal information to contact third parties, in each case for any purpose other than the intended purpose of the Services;

  4. employ any Devices, the App, or the Services other than for their intended purpose of detecting the presence of harmful, controlled, or otherwise undesirable substances in beverages;

  5. use the Services to engage in any dishonest, harmful, irresponsible, immoral, undesirable, or unconscionable conduct;

  6. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  7. solicit personal information from anyone under the age of 18;

  8. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  9. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

  10. further or promote any criminal activity or enterprise, or provide instructional information about illegal activities;

  11. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

In addition, you agree not to use the Site, App, Devices, or Services in any jurisdiction that prohibits, via statute, regulation, or otherwise, the use of WiSP’s Devices or other Services. You expressly acknowledge and agree that, by using WiSP’s Services, you represent to WiSP that your use complies with the applicable laws of your jurisdiction.

2.2 Eligibility

If you are under 13 years of age, you are not authorized to use the Service. In addition, if you are under the age of majority in your jurisdiction, you may use the Service only with the approval of your parent or guardian. WiSP’s Services are intended to promote the safe consumption of beverages. WiSP does not condone underage drinking or any unlawful activity involving alcohol.

2.3 Fees

To the extent the Services or any portion thereof are made available for any fee, you will be required to select a payment plan and provide WiSP information regarding your credit card, debit card, or other payment method. You represent and warrant to the Company that such information is true and that you are authorized to use the payment method concerned. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If you purchase a product or service that is sold on a subscription basis, you hereby authorize the Company to bill your payment instrument in advance on a periodic basis, in accordance with the subscription plan you select, until you terminate your account, and you further agree to pay any charges so incurred including but not limited to any charges due at the time of termination. If you dispute any charges you must advise WiSP within sixty (60) days after the date that the Company charges you. We reserve the right to change prices. If WiSP does change prices, we will provide notice of the change via the Services or through an email to you, at our option, before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on WiSP’s net income.

2.4 Special Notice for International Use; Export Controls

Hardware and Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to United States export controls. No Hardware and Software may be downloaded from the Site, App, Devices, or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Hardware and Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

2.5 Commercial Use

Unless WiSP agrees otherwise in writing, the Services are for your personal use only. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. You may not use the Services to injure, compete against, or interfere with the operations of WiSP.

3. Intellectual Property Rights

You acknowledge and agree that the Site, App, Devices, and Services may contain hardware, content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by WiSP, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by WiSP from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy 5 IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology, hardware, and software underlying the Services or distributed in connection therewith (the “Hardware and Software”) are the property of WiSP, our affiliates, our licensors, and our partners. You agree not to copy, modify, disassemble, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Hardware and Software. Any rights not expressly granted herein are reserved by WiSP.

WiSP’s name and logos are trademarks and service marks of WiSP (collectively the “WiSP Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to WiSP. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the WiSP Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the WiSP Trademarks will inure to our exclusive benefit.

If you provide us with reports, comments, suggestions, ideas or other feedback regarding the Services, our business, or other offerings we might wish to consider, whether written or oral (collectively “Feedback”), and whether provided directly or through any third party, you do so without any expectation of compensation or attribution. You likewise grant us a worldwide, irrevocable, perpetual, royalty-free right and license to use the Feedback in any ways in any media now known or later developed, and in any manner that we deem appropriate, including to improve the Products. Feedback is strictly voluntary, we are not required to hold it in confidence, and we may use it without notifying, compensating, or consulting with you in any way.

4. Third Party Websites

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. WiSP has no control over such sites and resources and WiSP is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that WISP will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that WiSP is not liable for any loss or claim that you may have against any such third party.

5. Single-Sign On and Social Networking Services

By integrating single-sign on and social media and social networking services, including those offered by Google, Facebook, or X (“SSO”) into the Services, we make your online experiences easier, richer, and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into the Services via SSO through the websites of their respective providers. As part of such integration, the SSO providers will provide us with access to certain information that you have provided to such SSO providers, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating SSO and the Company’s use, storage and disclosure of information related to you and your use of such services within the Company, see our Privacy Policy, which is located here. However, remember that the manner in which SSO providers use, store and disclose your information is governed solely by the policies of such third parties, and the Company shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

In addition, the Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with SSO. As such, the Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such SSO. The Company enables these features merely as a convenience.

6. Indemnity and Release

You agree to release and indemnify WiSP and its affiliates, and its and their officers, employees, directors and agents, and hold them harmless, from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site, App, Devices, Services, your connection to the Services, your violation of these Terms of Service, or your violation of any applicable laws, statutes, rules or regulations, or rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

7. Disclaimer of Warranties

YOUR USE OF THE SITE, APP, DEVICES, AND SERVICES IS AT YOUR SOLE RISK. THE SITE, APP, DEVICES, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WiSP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WiSP MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DEVICES, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WiSP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WiSP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

9. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

9.1 Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that, except as expressly set forth below, any and all disputes or claims that have arisen or may arise between you and WiSP, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. Notwithstanding the foregoing, (a) you may assert individual claims in small claims court, if your claims qualify, and (b) neither party is obligated to arbitrate individual claims for misuse or unauthorized use of intellectual property (provided, however, that the provisions of Section 9.2 below shall still apply to such claims). Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and WiSP are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act, or, if you do not live in the United States, any corresponding law in your jurisdiction, governs the interpretation and enforcement of this Arbitration Agreement.

9.2 Prohibition of Class and Representative Actions and Non-Individualized Relief:

YOU AND WiSP AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WiSP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

9.3 Pre-Arbitration Dispute Resolution:

WiSP is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at wisp@get-wisp.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by confirmed electronic mail (confirmation not to be unreasonably withheld), a written Notice of Dispute (“Notice”). The Notice to WiSP should be sent to wisp@get-wisp.com (the “Notice Address”) with a subject line that includes “Notice of Dispute”.

The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If WiSP and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or WiSP may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by WiSP or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WiSP is entitled.

9.4 Arbitration Procedures:

Arbitration will be conducted by a neutral arbitrator in accordance with the rules and regulations of JAMS (“JAMS”), including the JAMS Streamlined Arbitration Rules & Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMs, please visit its website, https://www.jamsadr.com/. Information about the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness can be found at https://www.jamsadr.com/consumer-minimum-standards/. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any arbitration hearings will take place in Washington, DC or London, UK, at your election. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, attorneys’ and arbitrator fees will be governed by the JAMS Rules.

9.5 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

9.6 Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Section titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Section above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

9.7 Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, WiSP agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending WiSP written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

10. Termination

You agree that WiSP, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. WiSP may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be affected without prior notice, and acknowledge and agree that WiSP may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that WiSP will not be liable to you or any third party for any termination of your access to the Services.

11. Your Privacy

WiSP respects the privacy of our users. For details see our Privacy Policy, which is incorporated herein by this reference. By using the Services, you consent to our collection and use of personal data as outlined therein.

12. Notice for California Users

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Notice Address.

13. Contact Us

If you have any questions or concerns about the Services, you can contact us via email at wisp@get-wisp.com.

14. General

These Terms of Service, inclusive of WiSP’s Privacy Policy, constitute the entire agreement between you and WiSP and govern your use of the Services, superseding any prior agreements between you and the Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and WiSP agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Washington, DC. The failure of WiSP to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of WiSP, but WiSP may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

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