Last updated: 24 June 2024
1.
ACCEPTANCE OF TERMS AND CONDITIONS
1.1
These Terms of Service (“Terms”) are a binding contract between you as the user (“User”) of the Services from Wiheads ApS (“Wiheads”).
1.2
The Terms lay down the rules and restrictions that govern your use of Wiheads’ website Wiheads.com; Wishes.app; Wishes.page and Wiheads mobile application “Wishes” (each a “Service” and collectively the “Services”).
1.3
By accepting the terms of use of the Services the User agree to these Terms, and these Terms will remain in effect while the User use the Services.
1.4
By clicking accept on receiving email updates, the User authorizes Wiheads to send emails when updates are made to the Services or if new features or other applications are developed that are deemed interesting to the User.
1.5
Wiheads may offer certain features that the User can subscribe to for an additional fee, unless stated otherwise the fess includes all applicable taxes, levies or duties. Such additional fees are subject to change without prior notice, however the User may at any time cancel the subscription with immediate effect.
1.6
When such additional features are selected, these Terms remain in force, and the term Services shall be understood to include the selected modules.
2.
ABOUT THE PRODUCT
2.1
Wiheads’ Services allows the User to manage a gift registry list, enabling Users to compile items they wish to receive at some point and share these lists with others.
3.
ACCESS AND USER RESTRICTIONS
3.1
The User obtains non-exclusive access to the Services. The User does not acquire the Services or any copy or part thereof. Individual features, services, and add-on modules may have independent conditions applying to them, which must be accepted in addition to these Terms before they can be used.
3.2
When registering for the Services, the Users signs up for the use of the Services via Oauth2 authentication
3.3
User logins are personal and shall not be shared or used by anybody else than the User. Any misuse of the login/the account is the responsibility of the User.
3.4
A User must never use someone else’s account without permission or allow someone else to use their profile.
3.5
A User may not create more than one profile.
3.6
If Wiheads has reasonable suspicion that another individual is using your login information, Wiheads is entitled to cancel your rights and your use of the Services.
3.7
The Services are not intended for use by children under the age of 13 without parental consent. If you are a parent or guardian of a child under 13 years and believe that your child has provided their personal information without your consent, please contact us immediately at email: help@wiheads.com, and Wiheads will delete the information from our system.
3.8
Wiheads reserves the right to suspend any malicious activity immediately in case the malicious usage can impact our other customers negatively or does not comply with these Terms.
3.9
The User shall not (directly or indirectly):
(a) copy or reproduce the Services,
(b) modify, reverse engineer or, disassemble the Services,
(c) except to the limited extent applicable laws specifically prohibit such restriction, decompile, attempt to derive the source code or underlying ideas or algorithms of any part of the Services, attempt to recreate the Services or use the Services for any competitive or benchmark purposes,
(d) create, translate or otherwise prepare derivative works based on the Services,
(e) interfere with or disrupt the integrity or performance of the Services,
(f) attempt to gain unauthorized access to the Services or its related systems or networks or perform unauthorized penetration testing on the Services.
4.
LINKS
4.1
Wiheads does not monitor or control the linked sites and makes no representations about, and are not responsible for, the accuracy, completeness, timeliness, reliability, or availability of any of the content uploaded, displayed, or distributed, or products or services available on these sites. If you choose to access a third-party website, Users do so at their own risk. The presence of a link to a third-party website does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on or available through the third-party website.
4.2
We reserve the right to disable links to or from third-party websites.
4.3
Wiheads is not responsible for the content on websites, apps, or other digital platforms to which the services provide links to.
5.
COMMISSION
5.1
The User acknowledges that Wiheads may, in some cases, receive commission from third parties, including content providers, merchants, advertisers, sponsors, service providers, and licensors, when a click on a link in on a gift registry list which results in a purchase from such third parties.
6.
USER DATA
6.1
All personal data on the Users account is stored or used by Wiheads in accordance with our Privacy Policy, which can be found at https://wiheads.com/privacy-policy and in the mobile application.
6.2
A User shall save for the regulation in the Intellectual Property section, own all right, title and interest in and to the User’s data, as well as any data or code that is based on or derived from the User’s data and provided to the User as part of the Services.
6.3
When the User deletes an account, the data will be permanently deleted by Wiheads in accordance with the General Data Protection Regulation.
6.4
Wiheads shall be entitled to continue to store the data for as long and to the extent necessary for the performance of a contract towards a User or for the performance of a legal obligation, and Wiheads shall be entitled to store the data of the Users after the termination of the contract.
7.
OPERATIONAL STABILITY
7.1
Wiheads strives for the highest possible operational stability but is not liable for any breakdowns or operational disruptions, including for operational disruptions caused by factors beyond Wiheads control. This non-liability includes but is not limited to, power outages, equipment failures, telecommunications connectivity problems, internet connectivity problems, hardware problems, hacker attacks, viruses, or other force majeure.
7.2
In the event of a breakdown or disruption, Wiheads aims to restore normal operation as quickly as possible.
8.
CHANGES TO TERMS
8.1
Wiheads is entitled to continually make changes, maintenance, updates, and improvements to the Services. Wiheads is also entitled to change the composition and structure of the Services and any optional features. Such updates, enhancements, and changes may be made with or without notice as set forth in Clause 8.2 and may affect Services, including data uploaded to or submitted to the Services.
8.2
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Wiheads or by third-party providers, or because of other causes beyond Wiheads reasonable control, but Wiheads shall use reasonable efforts to provide notice in writing or by email of any scheduled service disruption.
9.
INTELLECTUAL PROPERTY RIGHTS
9.1
The Services and data provided from the Services, other than User data, are protected by copyright and other intellectual property rights and belong to or are licensed to Wiheads.
9.2
There is no transfer of Wiheads’ and/or third parties' intellectual property rights to the User, as the User only acquires a right of use.
9.3
Wiheads may use, incorporate into the Services or otherwise exploit any suggestion, feature request, recommendation or other feedback that the User provides related to the Services. Wiheads is entitled to file material on the Services in question for the internal purpose of continued development of Wiheads’ product.
9.4
The User warrants that the data uploaded does not infringe the rights of any third party and does not contain any data that may be offensive or in breach of any relevant legislation or other regulation.
9.5
The User shall notify Wiheads of any actual or potential infringement of Wiheads’ intellectual property rights or unauthorized use of the Service of which the User becomes aware.
9.6
If the User breaches or threatens to breach this Clause 9 Wiheads will have the right to seek injunctive and equitable relief in addition to any other remedies available to it.
10.
ASSIGNMENT
10.1
Wiheads has the right to transfer its rights and obligations under these Terms to affiliated companies or third parties.
10.2
The User is not entitled to transfer their right to the Services, to, any third parties, neither in whole nor in part, nor to grant access to the Service to third parties.
11.
INDEMNIFICATION
11.1
The User shall indemnify Wiheads against any, claims, fines, damages, costs or loss arising from product liability, compliance with laws of the User, third party loss, or third-party liability to the extent arising from the User’s use of the Service, including but not limited to:
(a) the Users’ access to and use of the Services,
(b) the Users’ violation of these Terms,
(c) the infringement of any intellectual property rights in Clause 6 or another right of any person or entity by the User,
(d) the nature and substance of all documents, data, or other content uploaded by a User to the Services.
12.
LIMITATION OF LIABILITY
12.1
IN NO EVENT SHALL WIHEADS BE LIABLE TO THE USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT OR OUT OF CONTRACT, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, AND/OR BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS DUE TO PRODUCT LIABILITY, LOSS DUE TO NEGLIGENCE, INFRINGEMENT, OR THE COST OF SUBSTITUTE SOFTWARE, EVEN IF WIHEADS HAS BEEN ADVISED OF, KNOWS OF, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.
12.2
Wiheads disclaims all warranties, representations, warranties of merchantability and fitness for a particular purpose, and all other terms and conditions, except as set forth in these Terms.
12.3
Wiheads is not responsible for the third-party solutions available and/or integrated with the Service. Wiheads cannot be held responsible for the accuracy, completeness, quality, and reliability of the data, nor for the results obtained through these third-party solutions, nor for the availability, security, or functionality of the third-party solutions.
12.4
The User shall bear the burden of proving that any loss suffered by the User is due to Wiheads’ negligent and liable actions.
12.5
Regardless of the type of loss or the basis for liability, Wiheads’ total liability to the User is limited to an amount, can in no circumstances exceed USD 1,000 per event.
13.
CHANGES TO THE TERMS
13.1
Wiheads is entitled to change the Terms at any time. The applicable version of these Terms will be uploaded to the Services provided by Wiheads. However, the applicable version of these Terms can at any time be obtained by contacting Wiheads' support email as provided in the beginning of these Terms. Wiheads aims to provide reasonable notice of one (1) month of any substantial changes to these Terms by sending an email to the email provided by the User in the creation of an account in the Service. Use of the Service following any change to these Terms constitutes acceptance of such changed terms. It is the User's obligation to keep itself updated with regard to changes to these Terms.
13.2
If the User does not agree with the changes, the User may delete the Users account and consider the Terms terminated. The User may not, in this connection, raise claims for damages or other compensation against Wiheads, as specified in Clause 12.
14.
CHOICE OF LAW, JURISDICTION AND SEVERABILITY
14.1
These Terms shall be governed by the laws of the Kingdom of Denmark.
14.2
Any dispute between the parties arising out of or in connection with these Terms, shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Denmark, with the Municipal Court in Copenhagen as the court of first instance.
14.3
If any term or clause of these Terms is declared void or unenforceable in a particular situation, by a court of proper authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions thereof or the validity or enforceability of the void or unenforceable term or clause in any other situation.