Acceptance of Terms
- you have not been previously suspended or removed from any of the walawong services;
- you confirm that you are of legal age to form a binding contract with walawong;
- you will comply with these terms and all applicable local, state, national and international laws, rules and regulations; and
- you are not a competitor of walawong and do not intend to use the walawong services for reasons that are in competition with walawong for any reason.
Amendment & Updates
Walawong Services for Customer
- Accessing and Using the Walawong Services.
- Limited Right to Access and Use. Subject to these Terms, Walawong grants to you, a limited, non-assignable, non-transferable, non-sublicensable, and nonexclusive right to access and use the Walawong Services to build a Walawong Enabled Application to provide the Walawong Software and Services to the End Users in accordance with these Terms. You may terminate your use of the Walawong Services at any time.
- Security Breach. You are solely responsible for maintaining the confidentiality of any username, password or other access credential necessary to access the Walawong Services. You should take steps to protect the confidentiality of your access credentials. Please notify Walawong immediately if you become aware of any unauthorized activity, disclosures, loss, theft or other unauthorized use of your access credentials or any other breach of security (collectively, a “Security Breach”). You agree to cooperate with Walawong in any investigation in connection with a Security Breach.
- Subscriptions and Live Connections. After you sign up and create a Customer Account, you will be automatically put into the Sandbox subscription plan. When you are ready to start working with real End User Data through the Walawong Software and the Services (the “Live Connections”), you will go through an activation process to enable Live Connections for your Customer Account. The number of Live Connections that you will be able to access will depend on the subscription plan that you select (as modified from time to time, the “Subscriptions”). The different Subscriptions also provide different services and features, including different levels of support.
- Use Restrictions. Customer shall not, and agrees not to assist or otherwise enable any third party to:
- copy, modify, adapt, translate, create derivative works or improvements or merge copies of any of the Walawong Services, including the documentation
- translate, reverse engineer, de-compile or disassemble any of the Walawong Services, except to the extent that applicable law explicitly prohibits this contractual restriction
- access or use, or permit the access or use of, any of the Walawong Services, or access, transmit, process, or store End User Data, in violation of any international, Federal, state or local laws, statutes, rules, regulations or ordinances or in any manner that would be a breach of contract or agreement with the applicable End User
- not embed any open source, copy left or community source code in any Walawong Enabled Application or the information technology infrastructure through which you provide your services and products to End Users (collectively, the “Customer Systems”), including, but not limited to, any libraries or code licensed under any General Public License, Lesser General Public License or similar license arrangement in any manner that would require disclosure or license of the Walawong Software in source code form, or for the purpose of making derivative works, or otherwise limit or restrict the consideration to be charged for the distribution of such software
- interfere with or disrupt the integrity or performance of any of the Walawong Services or any data contained therein
- install, use, access, display and run any of the Walawong Services except in accordance with the terms of this Agreement and the applicable Order
- except as specifically permitted under the these Terms or to the extent that you have received the specific consent of each relevant End User, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any of the Walawong Services or End User Data to any third party, other than End Users as permitted under these Terms, including for purposes of marketing or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service
- except as specifically provided under these Terms, delete or in any manner alter the copyright, trademark, and other proprietary rights notices of Walawong appearing on any of the Walawong Services or any other Walawong software or products
- access or use any of the Walawong Services or End User Data in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property rights or other rights of any third party, or that violates any applicable law
- use any of the Walawong Services or the End User Data for purposes of: (i) benchmarking or competitive analysis of the Walawong Services; (ii) developing, using or providing a competing Walawong Software or service; or (iii) any other purpose that is to Walawong’s detriment or commercial disadvantage
- use any of the Walawong Services or the End User Data in any manner or for any purpose or application not expressly permitted by these Terms
- collect and store an End User’s credentials and/or End User Data other than as required to access or use the WalawongSoftware or the Services, as authorized by the End User, as permitted by Walawong, and as permitted under applicable law
- access or use any of the Walawong Services or End User Data in a manner that violates any agreement between you and the End User or Walawong.
Customer Payments & Refunds
- Payments. Unless otherwise agreed by Walawong or detailed in an Order, all Fees shall be paid in accordance with the Subscription that you selected by credit or debit card. You authorize Walawong (i) to keep your credit or debit card number on file for future Fees and (ii) to charge your credit or debit card for any such Fees.
- Future Services. In paying any of the Fees, you acknowledge and agree that you are not relying on future availability of any of the Walawong Services.
- Changes in Fees and Payment Methods. Walawong reserves the right at any time to change the Fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on any of the Walawong Services or by notifying you by email.
- Refunds. All fees are non-refundable, non-cancellable and non-creditable unless otherwise required by law or agreed to by walawong in its sole discretion.
- Customer Control and Responsibility. Customer has and will retain sole responsibility for: (i) all End User Data, including its use; (ii) the operation, maintenance and management of the Walawong Enabled Applications and or the Customer Systems and (iii) all access to and use of the Walawong Software and the Services, directly or indirectly by or through the Walawong Enabled Application or the Customer Systems.
- Right to Access and Use. Subject to and conditioned on Customer’s and its authorized users’ compliance with the terms and conditions of these Terms, Walawong grants to Customer and its authorized users a limited, non-exclusive, non-sublicensable, non-transferable right to access and use the Walawong Software and the Services during the term as a component of a Walawong Enabled Application or the Customer Systems to provide the Walawong Software and the Services to End Users.
- Compliance with Laws. Customers shall comply with all applicable international, Federal, state and local laws related to the Walawong Software and the Services and the End User Data, including all privacy and financial laws.
- Applications and Customer Systems. Customer acknowledges that Customer is solely responsible, and that Walawong has no responsibility or liability of any kind, for the content, development, operation, support or maintenance of any Walawong Enabled Application or the Customer Systems. Without limiting the foregoing, Customer will be solely responsible for creating and displaying information and content on, through or within its Walawong Enabled Application and/or the Customer Systems.
- Data Breaches. Customer shall notify Walawong immediately in writing in the event that Customer becomes aware of any material breach of its security safeguards or has reason to believe that any End User Data may have been subject to unauthorized disclosure, access, or use, which notification shall include the following information: (i) the nature of the unauthorized disclosure or use; (ii) confidential information that was disclosed or used; (iii) the identity of the persons or entities who received the unauthorized disclosure or made the unauthorized use; (iv) what corrective action Customer took or will take to prevent further unauthorized disclosures or uses; (v) what Customer did or will do to mitigate any adverse effect of such unauthorized disclosure or use; and (vi) such other information as Walawong may reasonably request.
- End User Data. You must follow best industry practices with respect to the access and use of End User Data including:
- maintaining administrative, technical, and physical safeguards that are designed to ensure the security, privacy, and confidentiality of End User Data
- using best industry practice encryption when storing or transmitting any End User Data
- maintaining reasonable access controls to ensure that only authorized individuals that have a business need have access to any End User Data
- monitoring the Customer Systems for any unauthorized access and patching vulnerabilities in a timely fashion.
- planning for and responding to security incidents.
- storing all End User Data securely and in accordance with all applicable laws.
- taking all reasonable and appropriate steps (at your expense) to protect all End User Data in the event of a failure of Customer’s security safeguards or unauthorized access to any End User Data from or through Customer, including the provision of the appropriate or legally required notices to affected persons and government or regulatory agencies (as applicable)
Customer Service Termination & Suspension
- Termination. You agree that Walawong in its sole discretion, for any or no reason, and without penalty, may terminate your access and use of the Walawong Services or your Customer Account (or any part thereof) that you may have with Walawong and remove and discard all or any part of your account, user profile, at any time. Walawong may also in its sole discretion and at any time prohibit you from accessing and using the Walawong Services or discontinue providing access to the Walawong Services, or any part thereof, with or without notice. You agree that any termination of your ability to access or use the Walawong Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Walawong will not be liable to you or any third party for any such termination. Walawong reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Walawong to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Walawong may have at law or in equity. As provided herein, Walawong does not permit copyright infringing activities on the Walawong Services, and Walawong shall be permitted to terminate access to the Walawong Services. By accepting these terms, you waive and shall hold Walawong harmless from any claims resulting from any action taken by Walawong during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Walawong or law enforcement authorities.
- Suspension. Walawong reserves the right to suspend your access and use of the Walawong Services as it may deem appropriate in response to actual or suspected violations of these Terms if Walawong reasonably concludes that any of the Walawong Services are being used to engage in illegal activity, used outside the scope of the license or causing immediate, material and ongoing harm to Walawong or others. You agree that Walawong shall not be liable to you nor to any third party for any suspension of the Service under such circumstances as described in this Section 8(b).
Limitation of Liability
Governing Law & Dispute Resolution
- Choice of Law. These terms shall be governed in all respects by the laws of Singapore, without regard to its conflict of law provisions. each party irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to any dispute or otherwise in connection with these terms the Walawong services or the provision of the Walawong software and services to end users through a Walawong enabled application.
- Limitation on Time to File Claims. any cause of action or dispute you may have arising out of or relating to these terms, the Walawong services, the provision of the Walawong software and services to end users through a Walawong enabled application or your relationship with Walawong must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or dispute is permanently barred.
Can’t find what you’re looking for?
Contact us firstname.lastname@example.org