“Waver” is a software application for mobile devices that was engineered by Synelixis Solutions S.A., aimed to create a social network between users who wish to share digital content in order to quickly and easily resolve everyday dilemmas. These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Synelixis Solutions S.A. (“we,” “us” or “our”), concerning your access to and use of our mobile application Waver (the “Application’, “App” or “Waver”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms. You represent or warrant that you have the legal capacity to agree with these Terms and that: (a) you are not under the age of 13, (b) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
These Terms were last updated on April 11 2020 Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Application after the date such revised Terms are posted. The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Subject to your agreement to and compliance with these Terms we grant to you a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the Application SOLELY FOR PERSONAL, NON-COMMERCIAL USE IN ACCORDANCE WITH THESE TERMS.
You agree to use the Application in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Application. In particular:
If you wish to register with the Application, you agree that you will be responsible for keeping your password confidential, as well as you will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
These Terms shall remain in full force and effect while you use the Application. Violation of any of these Terms will result in the termination of your Waver account. WE ARE NOT RESPONSIBLE FOR ANY LOSS, HARM OR DAMAGE RELATED TO YOUR INABILITY TO ACCESS OR USE THE APP BASED ON SUCH TERMINATION. Without limiting any other provision of these terms, we reserve the right, in our sole discretion and without notice or liability, to terminate your account or suspend your access to the App at any time, or deny access to and use of the App (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms se or of any applicable law or regulation. We may terminate your use or participation in the application or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. However, in case your account is terminated in accordance with the aforementioned, YOU ACKNOWLEDGE AND AGREE THAT THE LICENSE GRANTED BY YOU REGARDING USER CONTENT, IS IRREVOCABLE AND WILL THEREFORE CONTINUE AFTER THE EXPIRY OR TERMINATION OF YOUR ACCOUNT. IF YOU OR Waver TERMINATE THE AGREEMENT OR IF Waver SUSPENDS YOUR ACCESS TO THE APP, YOU AGREE THAT Waver SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU. You may terminate your Waver account at any time. This can be done by contacting us sending an email at email@example.com. Cancellation will be effective within 2 working days. This section will apply to the extent permitted by applicable law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, as well as if you want to learn additional details on how to terminate your Waver account, contact us sending us an email at firstname.lastname@example.org
. Unless otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Hellenic Republic, foreign jurisdictions, E.U. legislation and international conventions. The Content and the Marks are provided on the Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Application, YOU ARE GRANTED A LIMITED LICENSE TO ACCESS AND USE THE APPLICATION AND TO DOWNLOAD OR PRINT A COPY OF ANY PORTION OF THE CONTENT TO WHICH YOU HAVE PROPERLY GAINED ACCESS SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.
The Application will invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, as well as provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “User Content”). User Content may be viewable by other users of the Application and through third-party applications or websites. As such, any User Content you transmit may be treated as non-confidential and non-proprietary. When you create or make available any User Content, you thereby represent and warrant that:
By posting your User Content to any part of the Application, or making User Content accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all intellectual property rights in your User Content, and you warrant that intellectual property rights have not otherwise been asserted in your User Content. We do not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. WE ARE NOT LIABLE FOR ANY STATEMENTS OR REPRESENTATIONS IN YOUR USER CONTENT PROVIDED BY YOU IN ANY AREA ON THE APPLICATION. You are solely responsible for your User Content to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content; (2) to re-categorize any User Content to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any User Content at any time and for any reason, without notice. WE HAVE NO OBLIGATION TO MONITOR YOUR USER CONTENT.
We may provide you areas on the Application to leave comments. When posting a comment, you must comply with the following criteria: (1) your comments should not contain offensive profanity, or abusive, racist, offensive, or hate language; (2) your comments should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (3) your comments should not contain references to illegal activity; and (4) you may not post any false or misleading statements. We may accept, reject, or remove comments in our sole discretion. We have absolutely no obligation to screen comments or to delete comments, even if anyone considers comments objectionable or inaccurate. Comments are not endorsed by us. We do not assume liability for any comment or for any claims, liabilities, or losses resulting from any comment. By posting a comment, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to comments.
As part of the functionality of the Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Application. You will have the ability to disable the connection between your account on the Application and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application. You can deactivate the connection between the Application and your Third-Party Account by contacting us as described below, in the Contact Us section or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (collectively, “Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all intellectual property rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Application or relating to any applications you use or install from the Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Application and any services provided on the App or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify us sending us an email at email@example.com A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to the applicable Law you may be held liable for damages if you make material misrepresentations in such a notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.
We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.
WE RESERVE THE RIGHT TO CHANGE, MODIFY, OR REMOVE THE CONTENTS OF THE APPLICATION AT ANY TIME OR FOR ANY REASON AT OUR SOLE DISCRETION WITHOUT NOTICE. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application. We cannot guarantee the application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. YOU AGREE THAT WE HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE, OR INCONVENIENCE CAUSED BY YOUR INABILITY TO ACCESS OR USE THE APPLICATION DURING ANY DOWNTIME OR DISCONTINUANCE OF THE APPLICATION. Nothing in these Terms will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.
These Terms and your use of the Application are governed by and construed in accordance with the laws of the Hellenic Republic. We and you agree to submit to the exclusive jurisdiction of the Courts of Athens concerning any dispute, controversy, or claim of any sort, related to these Terms (“Dispute”) that might arise between you and us. To expedite resolution and control the cost of any Dispute, brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 45 days before the Dispute proceeds in court. Such informal negotiations commence upon written notice from one Party to the other Party.
There may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.
The Application is provided on an AS-IS and AS-AVAILABLE basis. You agree that your use of the Application services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Application and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of the Application’s content or the content of any websites linked to this Application and we will assume no liability or responsibility for any : (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Application, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Application, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Application by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Application. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Application, any hyperlinked website, or any website or mobile Application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Application, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Waver has been advised of the possibility of such damages. Under no circumstances shall Waver be liable to you for any amount.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) use of the App; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Using the Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications by us and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing.
These Terms and any policies or operating rules posted by us concerning the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by Law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Application. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Application or to receive further information regarding the Terms, the use of the Application and your rights as its user and how to exercise those rights, please contact us at:
Synelixis Solutions S.A.
Perissou 157, 14343 Nea Chalkidona
(+30) 210 2511584