These Terms of Service (“Terms”) are part of the User Agreement, a legally binding document that governs your use of Walldy (Owned by THEWALLDY LTD.). We recommend reading these Terms of Service (“Terms”) in their entirety, but here are a few key points to remember:
You will see advertising on the platform: In exchange for access to the Services, THEWALLDY and its third-party providers and partners may display advertisements to you.
When you post Content and use the Services in any way, you must comply with this User Agreement and the applicable Law: You are responsible for your use of the Services and your Content. You must comply with this User Agreement, the policies it incorporates, and all applicable laws.
You must respect the acceptable use terms of the Services: You cannot access the Services other than through the publicly available interfaces that we provide. For example, this means that you cannot scrape the Services, try to bypass the technical limitations we impose, or attempt to disrupt the operation of the Services in any way.
We have broad discretion to enforce these Terms: THEWALLDY reserves the right to take action against you if you violate them. We may, for example, delete your Content, limit its visibility, suspend your access to Walldy, or take legal action against you. We may also suspend or terminate your account for other reasons, such as prolonged inactivity, legal risk, or lack of commercial viability.
These Terms incorporate Intellectual Property Licenses: You retain ownership of any Content you post or share as well as the rights to it, and you grant us a broad, royalty-free license to make your Content available to the rest of the world and allow other users to do the same. Conversely, we grant you a license to use the software we provide as part of the Services, such as the Walldy mobile application, solely to enable you to use and enjoy the Services.
Your use of the Services is at your own risk: We provide the Services “AS IS” and “AS AVAILABLE,” and we disclaim all warranties, obligations, and liability to you or others to the extent permitted by law. You may be exposed to shocking or harmful content posted by other users. The Services may change from time to time, and we may at any time limit their availability or that of specific features for you or other users, or end them.
You have recourse, but our liability is limited: You have the right to terminate this agreement at any time by deactivating your account and ceasing to use the Services. Note that we cannot be held liable for certain types of damages, as described in the agreement, and in any case, our total liability will not exceed the greater of €100 EURO or the amount you have paid us, if any, in the past six months for the Services giving rise to the claim. Furthermore, if you believe that your Content has been copied in a way that constitutes copyright infringement, the reporting process is detailed in these terms.
Please also note that these Terms incorporate our Privacy Policy (https://www.walldy.com/privacy-policy.html) and other terms applicable to your use of the Services and your Content. Finally, these terms may vary depending on where you live, but in any case, you must be at least 16 years old to use Walldy.
These Terms of Use ("Terms") govern your access to and use of services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, advertisements, commercial transaction services, referring to these Terms (collectively, the "Services"), as well as the information, texts, links, graphics, photos, sounds, videos, or other elements or combinations of elements uploaded from or to the Services, or appearing on them (collectively referred to as the "Content"). By using the Services, you acknowledge being bound by these Terms.
These Terms constitute an agreement between you and THEWALLDY LIMITED (company number 770425), an Irish company that provides Walldy and the Services, with its registered office located at 51 Bracken Road, Sandyford Business Park, Dublin, Dublin 18 D18 CV18, Ireland. The words "we," "our," and "us" refer to THEWALLDY LIMITED.
We are Walldy, a new social media platform created by THEWALLDY LIMITED (© All rights reserved). Our goal is too build a community where you can share, express and connect. The Platform is operated by Walldy. By using our services, you agree to these Terms and Conditions ("Terms"), our Privacy Policy, and all applicable laws and regulations.
Your access to and use of the Platform is conditioned upon your acceptance of and compliance with the Terms. By accessing or using the Platform, you agree to be bound by these Terms.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide a 30-day notice before any new terms take effect. Continued use of the Platform after such changes shall constitute your consent to the new terms.
You may only use the Services if you agree to enter into a contract binding you to us and if you are not prohibited from receiving such services under the laws of the country or territory to which you are subject. In any case, you must be at least 18 years old to use the Services. If you accept these Terms and use the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the necessary authority to bind that entity to these Terms, in which case the words "you" and "your" as used in these Terms refer to that entity.
You must register for an account to use all features of the Platform. You agree to provide accurate and complete account information and keep this information updated. You are responsible for the security of your account and any activities under your account. You agree to immediately contact us, if you believe your account has been compromised. If you use a password, it must be strong, and we (strongly) recommend that you use that password only for your Walldy account. You agree not to license, sell, lend, or transfer your account.
By accessing our services, you confirm that you’re at least 18 years old and meet the minimum age required by the laws in your country. If you are old enough to access our services in your country, but not old enough to have authority to consent to our terms, your parent or legal guardian must agree to our terms on your behalf. Please ask your parent or legal guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your child (who must meet the minimum age for your country) to use the services, then these terms also apply to you and you’re responsible for your child’s activity on the services.
Our Privacy Policy (https://www.walldy.com/privacy-policy.html) describes how we handle the information you provide to us when using the Services. You acknowledge that by using the Services, you consent to our collection and use of this information (under the terms of the Privacy Policy), including in cases where such information is transferred to the United States, Ireland, and/or other countries for storage, processing, or use by us or our affiliates.
We comply with the General Data Protection Regulation (GDPR), U.S.A and Irish data protection laws in collecting (EU GDPR) , using, and protecting your personal data.
We collect personal data necessary for providing and enhancing the Platform. This includes, but is not limited to, email addresses, usernames, and content you post. Our use of your personal data is described in our Privacy Policy.
Under the GDPR, you have the right to access, correct, delete your personal data, and restrict its processing. You also have the right to data portability and to object to processing in certain circumstances. To exercise these rights, contact us at data-support@walldy.com.
You are responsible for your use of the Services and any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use of or reliance on any Content or materials posted via the Services, or obtained through the Services, is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or information posted via the Services, nor do we endorse any opinions expressed through them. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, to misdirected or misleading messages. All Content is the sole responsibility of the person who originated it. We do not necessarily monitor or control all Content posted via the Services, and we cannot take responsibility for it.
We reserve the right to remove any Content that violates the Terms of Use, such as content constituting copyright or trademark infringement, intellectual property misappropriation, impersonation, unlawful conduct, or harassment. You can report directly to us walldies (post) that violates our Terms of Use directly from our application Walldy. You can also block any user who violates our Terms of Use. (Please report at least one post from this account to help us analyze the blocked account.)
If you believe your Content has been copied in a way that constitutes copyright infringement, please report it by contacting our copyright agent at the following address:
THEWALLDY LIMITED.
Attn: Copyright Agent
51 Bracken Road, Sandyford Business Park,
Dublin, Dublin 18 D18 CV18, Ireland
Email: copyright@walldy.com
You retain your rights to any Content you submit, post, or display on or through the Services. What is yours belongs to you. You are the owner of your Content (which includes your sounds, photos, and embedded videos).
By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (including the right to sublicense) that allows us to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute this Content in any media and by any means of distribution currently known or developed in the future (for clarity, these rights include, for example, those of curation, transformation, and translation). This license allows us to make your Content available to the rest of the world and permits others to do the same. However, if you have chosen through our features to limit the distribution of your Content to a restricted community, we will respect that choice. You also agree that this license includes the right to analyze the text and other information you provide for the purpose of improving the Services. You agree that this license includes the right for us to provide, promote, and enhance the Services and to make the Content submitted on or through the Services available to other companies, organizations, or individuals for the purposes of syndication, broadcasting, distribution, reposting, promotion, or publication of that Content on other media and services, subject to our terms governing the use of that Content. We, along with these other companies, organizations, or individuals, may use the Content you have submitted, posted, transmitted, or otherwise made available via the Services without you being entitled to any compensation for that Content, as it is agreed that your use of the Services constitutes sufficient compensation for the Content and the grant of rights described in this provision.
We have a scalable set of rules governing how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem that respects your rights. You understand that we may modify or adapt your Content when it is distributed, syndicated, published, or broadcast by us or our partners, and/or make changes to your Content to suit different media.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, and permissions, as well as the power and/or authority necessary to grant the rights granted herein for any Content you submit, post, or display on or through the Services. You agree that this Content does not contain elements subject to copyright or other proprietary rights unless you have the necessary permission or you are legally entitled to publish those elements and grant us the license described above.
You may only use the Services if you comply with these Terms and all applicable laws, rules, and regulations. THEWALLDY LIMITED enforces penalties when a user's Content or behavior violates our Rules and policies or is related to sensitive media.
The Services are constantly evolving. As such, they may be modified occasionally at our sole discretion. We may discontinue (temporarily or permanently) providing the Services or any features thereof, to you or generally to users. We also reserve the right to set limits on usage and storage at any time and at our sole discretion. We may also remove or refuse to distribute any Content on the Services, restrict the distribution or visibility of any Content on the service, suspend a user, or terminate their account and reclaim usernames if deemed appropriate, including for the following reasons: (i) the protection of the Services or our users; (ii) compliance with applicable laws or orders from competent authorities; (iii) in the event of a violation of these Terms or our Rules and policies, or infringement of intellectual property or other rights of third parties; (iv) if you or your Content expose us, other users, or any third party to legal or regulatory risks; and/or (v) your prolonged inactivity.
In exchange for the right to access and use the Services that we grant you, you agree that we, along with our service providers and third-party partners, may place advertisements on the Services, or in connection with the display of Content or information from the Services submitted by you or others. We also reserve the right to access, read, retain, and disclose any information we reasonably believe is necessary to: (i) comply with any applicable law or regulation, or any legal process or administrative request; (ii) enforce these Terms, including in connection with investigating possible violations of these Terms; (iii) detect, prevent, or address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the interests, property, or safety of Walldy, THEWALLDY LIMITED, its users, and the public. We do not disclose any data revealing the identity of users to third parties unless permitted by our Privacy Policy.
THEWALLDY LIMITED may offer services or features for which additional terms of use apply. These terms are accessible from our websites and applications dedicated to those services or features. By using or paying for any of these additional services, you must accept the additional terms applicable to those services; those terms will then also be part of our agreement with you. In the event of a conflict between the additional terms and these Terms, the additional terms will prevail as soon as you use the services to which they apply.
If you use paid features of the Services, you agree to the Terms of Paid Services (https://walldy.com/purchaser-terms).
If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content available on the Services, all such actions are strictly prohibited. If you conduct research in the field of security, you must comply with the rules of our Vulnerability Reporting Program (https://hackerone.com/walldy). The requirements outlined in the previous paragraph may not apply to participants in our Vulnerability Reporting Program.
If you use the advertising features of the Services, you agree to our Master Service Agreement (https://walldy.com/ads-terms).
You agree not to misuse the Platform or help anyone else do so. Prohibited actions include, but are not limited to, posting illegal content, infringing others' intellectual property rights, and engaging in abusive or harmful behavior. All sexual content are prohibited too.
You may need to create an account to use the Services. You are responsible for protecting your account; therefore, we encourage you to use a strong password and limit its use to this account. We disclaim any responsibility for loss or damage resulting from your failure to comply with the above.
You can control most communications coming from the Services. We may need to send you certain information, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not have the option to opt out of receiving them. If you have linked your email address/phone number to your account and later change or deactivate that email address/phone number, you must update your account information to ensure that we do not send any messages to the new owner of your old number/email address.
We grant you a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use the software provided to you as part of the Services. This license is solely for the purpose of allowing you to use the Services provided by THEWALLDY LIMITED and to enjoy them in accordance with these Terms.
The Services are protected by copyright and trademark laws, as well as other applicable laws in the United States and other countries. Nothing in these Terms grants you the right to use the name of Walldy and THEWALLDY LIMITED, or any trademarks, logos, domain names, other distinctive attributes, and exclusive rights of THEWALLDY LIMITED. All rights, title, and interest in the Services (excluding Content provided by users) are and will remain our exclusive property and that of our licensors. Any comments or suggestions you may provide regarding Walldy, THEWALLDY LIMITED or the Services are entirely voluntary, and we will be free to use them as we see fit, without any obligation to you.
You also agree not to engage in improper use of the Services, including, for example, not disrupting them or attempting to access them through any method other than the interface and instructions we provide. You agree not to circumvent any technical restrictions of the software provided as part of the Services, nor to engage in any reverse engineering, decompilation, or disassembly of the software, except and only to the extent that applicable law expressly permits. When you access or use the Services, you may not perform any of the following actions: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems used by our service providers; (ii) probe, scan, or test the vulnerability of any system or network, or violate or circumvent any security or authentication measures; (iii) search the Services, access them, or attempt to search or access them by any means (automated or otherwise) other than the interfaces currently available, developed, and provided by us (subject to compliance with applicable terms of use), unless you have been expressly authorized under a separate agreement with us (NOTE: crawling and scraping of the Services, in any form and for any purpose, is expressly prohibited without our prior written consent); (iv) spoof any TCP/IP packet header or any part of the header information of any email or post, or otherwise use the Services to send altered, misleading, or false source identifiers; (v) behave in a manner that violates our Platform Manipulation and Spam Policy or any of our Rules and policies; or (vi) interfere with or disrupt (or attempt to do so) any user's, host's, or network's access to the Services, including, but not limited to, sending viruses, overloading, flooding, spamming, mailbombing, or executing content creation scripts in a manner that disrupts or saturates the Services. Assisting others in violating these Terms or enabling them to do so, including distributing products or services that facilitate or encourage such violations, also constitutes a violation of these Terms.
You can terminate your legal agreement with us at any time by disabling your accounts and ceasing to use the Services. To disable your account, please go to the settings in our Walldy app. If you want to know what happens to your information, please refer to our Privacy Policy.
We may suspend or terminate your account, or cease providing all or part of the Services to you at any time, including if we have reason to believe that: i. you have violated these Terms or our Rules and policies; ii. you create a risk for us or expose us to potential legal action; iii. your account needs to be deleted due to unlawful conduct; iv. your account needs to be deleted for prolonged inactivity; or v. our provision of Services to you is no longer commercially viable. We will make reasonable efforts, depending on the circumstances, to notify you at the email address associated with your account or during your next attempt to log in to your account. In all of the above cases, these Terms will terminate, including, but not limited to, your license to use the Services, except for the sections "Privacy and Data Protection," "Content and Conduct," "Limitation of Liability," and "General Provisions," which will continue to apply, as well as the provisions regarding improper use from the section "Use of the Services" ("Improper Use of the Services"). If you believe your account has been terminated in error, you may appeal by contacting us at support@walldy.com. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.
By using the Services, you agree that the liability of THEWALLDY LIMITED. is limited to the maximum extent permitted in your country of residence, as is the liability of its parent companies, affiliated entities, associated companies, officers, directors, employees, agents, representatives, partners, and licensors.
We may modify these Terms at any time. These modifications will not be retroactive, and our mutual relationship will in any case be governed by the most recent version of these Terms. Except for changes related to new features or made for legal reasons, we will alert you 30 days before any modifications affecting the rights or obligations of any party under these Terms are made, through a notification or an email sent to the address associated with your account, for example. By continuing to access or use the Services after the changes take effect, you agree to be bound by the new Terms.
To the extent permitted by law, you waive the right to participate as a plaintiff or member of a class in any purported class action, collective action, or representative proceeding.
THEWALLDY LIMITED's Terms of Use are written in English but have been translated into many languages. THEWALLDY LIMITED strives to ensure that the translations are as accurate as possible to the original English version. However, in the event of any discrepancies or inconsistencies, the English version of THEWALLDY LIMITED's Terms of Use will prevail. You acknowledge that English is the governing language for the drafting and interpretation of the terms set forth in THEWALLDY LIMITED's Terms of Use.
In the event that any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any provision or right under these Terms shall not be construed as a waiver of that provision or right.
You use and access the Services and Content at your own risk. You understand and agree that the Services are provided to you 'AS IS' and 'AS AVAILABLE.' The 'THEWALLDY Entities' refer to THEWALLDY LIMITED, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the scope of the foregoing and to the fullest extent permitted by applicable law, THEWALLDY ENTITIES DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND COMPLIANCE WITH LAWS. The THEWALLDY Entities do not guarantee or make any representations, and disclaim all liability and responsibility regarding: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other damages that result from your access to or use of the Services or any Content; (iii) the deletion of, or failure to store or transmit, any Content or other communications maintained by the Services; and (iv) the suitability of the Services for your needs or their uninterrupted, secure, and error-free availability. No advice or information, whether oral or written, obtained from THEWALLDY Entities or through the Services, shall create any warranty or representation not expressly stated herein.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THEWALLDY ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PAID SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THEWALLDY ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (100 USD) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH LIABILITY IS ASSERTED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THEWALLDY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We may modify these Terms at any time. Such modifications will not be retroactive, and our relationship will always be governed by the most recent version of these Terms. We will attempt to notify you of significant changes, for example, through a notification or email sent to the address associated with your account. By continuing to access or use the Services after the changes take effect, you agree to be bound by the new Terms. To the extent permitted by law, you also waive the right to participate as a plaintiff or a member of any purported class action, collective action, or representative proceeding.
The laws of the State of Ireland, excluding its conflict of law provisions, will govern these Terms and any disputes arising between you and us. Any disputes relating to these Terms or the Services will be brought exclusively before the state courts located in Ireland, and you agree to submit to personal jurisdiction and waive any objection on grounds of inconvenient forum. To the extent permitted by law, you also waive the right to participate as a plaintiff or member in any purported class action, collective action, or representative proceeding.
If you are a federal, state, or local government entity in the United States using the Services in an official capacity and are legally unable to accept the above clauses regarding governing law, jurisdiction, or venue, then those clauses do not apply to you. For such U.S. federal entities, these Terms and any related actions will be governed by the laws of the United States of America (without reference to conflict of laws), and in the absence of federal law and to the extent permitted by federal law, by the laws of the State of California (excluding its conflict of law provisions).
The Walldy, THEWALLDY LIMITED Terms of Service are written in English, but have been translated into various languages. THEWALLDY LIMITED strives to ensure that translations are as accurate as possible to the original English version. However, in case of any discrepancies or inconsistencies, the English version of the Walldy, THEWALLDY LIMITED Terms of Service will prevail. You acknowledge that English is the reference language for drafting and interpreting the conditions set forth in the Walldy, THEWALLDY LIMITED Terms of Service.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any provision or right under these Terms will not be considered a waiver of such provision or right.
If you have any questions regarding these Terms, feel free to contact us (support@walldy.com).
For any questions about these Terms, please contact us at support@walldy.com
Date of Entry into Force: 29 november 2024
