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Terms of Use

Last revised on December 20, 2024

AGREEMENT TO TERMS

Welcome to WooPlus' Terms of Use. We're happy to have you as part of our inclusive and supportive community. By accessing or using the WooPlus mobile application, website (found at wooplus.com), or any related services offered by WooPlus (collectively referred to as the "Services"), you are entering into a binding agreement with WooPlus ("WooPlus", "we," "us," or "our") and agree to comply with these Terms of Use (this "Terms").

Please take a moment to review these Terms, as they outline your rights, responsibilities, and the rules for using our Services. Your access and use of WooPlus also signify your acceptance of our Privacy Policy, Community Guidelines, and Safety Tips, all of which are incorporated into this Terms by reference.

We encourage you to familiarize yourself with these documents to better understand how we prioritize your safety, privacy, and overall experience.

If you do not agree to these Terms or any of our related policies, please refrain from using WooPlus. Your continued use of the Services constitutes your acknowledgment and acceptance of any updates to this Terms or associated policies, so please check back regularly for changes.

Please carefully review the Dispute Resolution provisions in Section 14 below. These provisions govern how disputes between you and WooPlus will be resolved. They include a mandatory informal dispute resolution process, a waiver of class actions and jury trials, a binding arbitration agreement (with limited exceptions),small claims court election, and additional procedures for mass arbitration filings. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURTS.

For users residing in certain regions, such as the European Union or the United Kingdom, additional rights or exceptions may apply under local laws. Please see Section 14 for full details. ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURTS.

Please note that if you subscribe to WooPlus services for a specific term (the "Initial Term"), your subscription will automatically renew for additional periods of the same duration at WooPlus's then-current subscription rate, unless you cancel your subscription in accordance with Section 8 below.

California Subscribers: You have the right to cancel your subscription and request a refund without penalty or obligation at any time prior to midnight of the third business day following the date of your subscription.

  • If you subscribed using an Apple ID, refunds are managed by Apple, not WooPlus. To request a refund, please visit Apple Support.
  • If you subscribed using your Google Play Store account or directly through WooPlus, please contact our Customer Support for assistance.

For additional details on subscription renewals and cancellations, please refer to Section 8 below.

1. ACCOUNT RULES AND ELIGIBILITY

By accessing or using our Services, you must follow the eligibility rules. By creating an account and using the Services, you represent and warrant that:

  • You are at least 18 years old (or the age of majority in your jurisdiction, if it is higher). WooPlus does not permit access to anyone under this age threshold.
  • You are legally permitted to use our services under the laws of your jurisdiction.
  • You are responsible for maintaining the security of your account and ensuring that no unauthorized person has access to your account. In the event an unauthorized person gains access to your account, you must notify WooPlus immediately at support@wooplus.com.
  • You have not been convicted of, or pled no contest to, a felony, a sex crime, or any crime involving violence or similar severity.
  • You are not required to register as a sex offender with any state, federal or local sex offender registry;
  • You are not located in, nor are you a resident of, any jurisdiction subject to U.S. Government embargoes or classified as "terrorist-supporting" by the U.S. Government.
  • You are not listed on any U.S. Government or other similar lists of prohibited or restricted parties.

By using WooPlus, you agree to:

  • Comply with all applicable laws, these Terms, and the WooPlus Community Guidelines.
  • Regularly check for updates to our Terms and policies.
  • Keep your account secure and use the latest version of the app.
  • Use the Services only for lawful and intended purposes. Respect other users, ensuring that your interactions are lawful and free from harassment or harm.

You agree that you will not:

  • Misrepresent your identity, age, or affiliations.
  • Use the Services for illegal, harmful, or abusive purposes, including harassment, fraud, or exploitation.
  • Post or share prohibited content, including hate speech, explicit material, or defamatory remarks.
  • Engage in activities that compromise the security or functionality of the Services.
  • Create a new account if your previous account was suspended or terminated, unless expressly permitted by WooPlus.

If you do not meet any of these criteria or cease to meet them at any point, your authorization to use our Services is automatically revoked. WooPlus reserves the right to terminate or suspend your account without notice.

2. CHANGES TO TERMS OR SERVICES

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. The updated Terms will include the "Effective Date" at the top of the document for your reference.

We encourage you to regularly review these Terms to stay informed about any updates. By continuing to access or use our Services after the changes become effective, you are agreeing to the revised Terms and will be legally bound by them. If you do not agree with the updated Terms, you must immediately stop using the Services.

In addition, WooPlus reserves the right to modify, add, suspend, or discontinue any aspect or feature of the Services, including both free and paid features, at any time without liability or prior notice, except as required by applicable law.

Please note that WooPlus is not liable to you or any third party for changes to these Terms or the Services. Your sole remedy for dissatisfaction with any modifications is to discontinue using WooPlus.

3. PRIVACY

Your privacy is important to us. Please carefully review our Privacy Policy, which details the way we collect, use, and disclose information about you.

By using our Services, you acknowledge that WooPlus may process your data in accordance with our Privacy Policy. We encourage you to read the policy carefully to understand our practices and your rights regarding your information.

4. CONTENT AND CONTENT RIGHTS

For purposes of these Terms:

"Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. When using WooPlus Services, you will encounter three types of content: content you upload or provide ("Your Content"), content provided by other members ("Member Content"), and content provided by WooPlus ("Our Content").

Your Content

Your Content refers to any content that you upload, provide, post, generate, or otherwise made available through the WooPlus Services, including but not limited to text, images, video, audio, and any information shared within your profile, messages, or posts.

By uploading or posting Your Content, you represent and warrant that you have all necessary rights and licenses to do so. By providing Your Content, you grant WooPlus a worldwide, perpetual, royalty-free, non-exclusive, transferable license to use, copy, modify, adapt, distribute, publicly display, and perform Your Content in connection with the operation of the Services. This includes, but is not limited to, marketing, research, and promotional purposes (in anonymized form if for external research). You are solely responsible for the accuracy, legality, and appropriateness of Your Content. You agree to indemnify and hold WooPlus harmless for any claims arising from Your Content.

Your Content must comply with WooPlus' Community Guidelines and should not include prohibited content (e.g., hate speech, explicit material, illegal activities, or personal information like contact or banking details). If you share any personal information, you do so at your own risk.

While WooPlus does not have an obligation to pre-screen Your Content, we reserve the right to monitor, remove, or block access to any content that violates our terms or is deemed inappropriate. WooPlus may also review Your Content to ensure it aligns with our guidelines and safety standards.

Member Content

Member Content refers to any content uploaded, provided, posted, generated or otherwise made available by other users of WooPlus through the Services.

You may only use Member Content for its intended purpose, which is to communicate with and meet other users through the Services. You may not copy, distribute, or use Member Content for commercial purposes, harassment, spamming, or unlawful actions.

You are responsible for reviewing and independently verifying Member Content. WooPlus does not assume liability for the accuracy or content provided by members. We also reserve the right to monitor, review, and remove Member Content as needed to maintain a safe environment for users.

Our Content

Our Content includes all content provided by WooPlus, including but not limited to text, graphics, images, logos, software, trademarks, and other intellectual property, as well as the overall functionality of the Services, including algorithms and databases.

WooPlus retains full ownership of all Our Content, including intellectual property rights, and reserves all rights to the Content that is part of the Services. WooPlus grants you a limited, non-exclusive, non-transferable, revocable license to access and use Our Content solely for personal, non-commercial purposes in connection with your use of the Services.

You may not:

  • Modify, copy, distribute, or create derivative works based on Our Content.
  • Use Our Content for commercial purposes or in ways that exploit the Services outside their intended use.
  • Reverse-engineer, decompile, or extract Our Content, software, or databases for unauthorized use.

Additionally, any submissions made by you (such as feedback, suggestions, or ideas about the Services) are automatically assigned to WooPlus upon receipt. WooPlus owns all rights to these submissions, including any associated intellectual property rights. You agree to grant WooPlus a license to use, modify, and distribute these submissions for any purpose, commercial or otherwise, without compensation.

WooPlus has the right to monitor and review content posted on the Services and to remove any content that violates our policies or that we believe may be harmful to the community.

You agree to indemnify and hold WooPlus harmless from any claims or liabilities arising from Your Content, Member Content, or Submissions, including any infringement of intellectual property rights or violation of laws.

5. RESTRICTIONS AND REPORTING

To maintain a safe, respectful, and inclusive community, WooPlus strictly prohibits the following behaviors and content:

  • Sharing or posting content that may be considered offensive, harassing, abusive, or that could cause psychological distress to others.
  • Content that is obscene, pornographic, violent, or contains nudity, or material that may otherwise offend human dignity.
  • Language or imagery that promotes racism, sexism, hatred, bigotry, or encourages violence and prejudice.
  • Encouraging or facilitating any illegal activities, including terrorism, incitement of racial hatred, or other criminal behavior.
  • Posting content that could lead to self-harm, dangerous challenges, or acts of violent extremism.
  • Disseminating false information, defamatory statements, or content that infringes on someone's reputation.
  • Commercial activities, such as advertisements, promotions, sales, solicitation for sex work, or "sugar daddy/sugar baby" relationships.
  • Sharing spam, malware, or content containing viruses or malicious software.
  • Uploading or using another person's photos, name, contact information, or private details without their consent.
  • Content involving minors, including depictions of unaccompanied minors or any material that could endanger their well-being.
  • Misusing WooPlus services or platform features, including attempting unauthorized access, using automated tools, or disrupting normal operations.
  • Intentionally interfering with other users' experience, such as posting false content, impersonating others, or engaging in fraudulent activities.
  • Disrupt, overburden, of any computer or server used by or in the Services or become involved in any type of attack (including but not limited to distribution of a virus, denial of service attacks) or in any other way attempt to disrupt the Services or any other's use or enjoyment of the Services.
  • Cheat or disrupt the Services in any manner (including but not limited to using cheats, exploits, automation software, bots, hacks, mods or any software designed to modify or interfere with the Services or overall experience). Cheating includes, without limitation, any automated use of the Services or circumventing or modifying any security, technology or device that is part of the Services.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used in the Services.
  • Attempt to gain unauthorized access to the Services, accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the Services' user interface.
  • Or any other way violates our Community Guidelines.

How to Report

If you encounter any of the above issues, you can report them through:

  1. In-App Reporting: Use the "Report" button on the relevant user profile or content to notify our moderation team.
  2. Customer Support: Send a detailed email to support@wooplus.com.

WooPlus reserves the right to take any action, including but not limited to disabling, banning, suspending, or terminating your account, if we believe you have violated this Terms or engaged in conduct deemed inappropriate, unlawful, or unsafe. We may take such actions without notice and are not required to disclose the reason for account suspension or termination. If your account is disabled, banned, or terminated, WooPlus may request additional certification or investigation materials before reactivating your account.

For more details, refer to our Community Guidelines, which outline how WooPlus fosters a positive community environment for everyone.

6. THIRD PARTY CONTENT OR ADVERTISEMENTS

WooPlus may, from time to time, provide advertisements or third-party content within the Services. This may include, but is not limited to, promotional materials, links to third-party websites, or external resources ("Third Party Content").

WooPlus does not endorse, adopt, or make any representations about the Third Party Content or any products or services offered by third parties. Unless expressly stated by WooPlus, WooPlus is not responsible or liable for the accuracy, legality, or completeness of any Third Party Content.

You are encouraged to use any Third Party Content or external links at their own discretion and risk. WooPlus does not monitor or update such content, nor do we guarantee the availability of external websites or the content they provide.

If you interact with any third parties, such as by purchasing products or services through Third Party Content, the terms and conditions of those third parties will apply. WooPlus is not responsible for those third parties' actions or terms, and your use of their services is governed solely by their agreements.

7. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")

At WooPlus, we take copyright infringement seriously and are committed to addressing any claims promptly and in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that any content on the WooPlus Services infringes upon your copyrighted work, you may submit a DMCA Takedown Notice as outlined below. To file a DMCA Takedown Notice, your submission must include the following:

  • Authorized Signature: A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  • Identification of the Copyrighted Work: Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if multiple copyrighted works are covered by a single notification.
  • Identification of the Infringing Material: Identification of the material that is claimed to be infringing or the subject of infringing activity, along with sufficient information to allow WooPlus to locate the material. This could include a URL or specific details to help identify the infringing content.
  • Contact Information: Information reasonably sufficient to permit WooPlus to contact you, such as your address, telephone number, and email address.
  • Good Faith Statement: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • Accuracy Statement: A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

How to Submit a DMCA Takedown Notice: You may send your DMCA Takedown Notice to WooPlus' designated Copyright Agent via email at: op@wooplus.com

Please note that WooPlus reserves the right to remove content that is found to infringe upon copyright and may terminate the accounts of repeat infringers.

8. PURCHASE AND PAYMENT TERMS

Subscriptions and Auto-renewal

From time to time, WooPlus may offer certain services as automatically renewing subscriptions, such as one-week, one-month, or multi-month subscriptions ("Premium Services"). If you purchase an automatically renewing subscription, your subscription will automatically renew at the end of the current period unless you cancel it. The renewal will occur at the then-current price for such subscriptions, unless stated otherwise. To avoid charges for a new subscription period, you must cancel your subscription before the end of the current subscription period. Please note that deleting your account or uninstalling the app does not cancel your subscription.

WooPlus reserves the right to modify the pricing for any Premium Services. If you do not cancel, you agree to be charged at WooPlus's then-current pricing for the subscription.

Cancellation

You can cancel your Premium Services at any time, subject to the terms outlined in this Agreement. If you purchased through an external service (like Apple ID or Google Play), you must cancel via that platform's subscription management system. Cancellations are only effective at the end of the current subscription period.

WooPlus does not manage cancellations made through third-party stores, but you can always contactWooPlus Customer Support for assistance.

Free Trials

From time to time, WooPlus may offer free trials for Premium Services ("Free Trial"). If you sign up for a Free Trial and do not cancel before the trial period ends, your Free Trial will automatically convert into a paid subscription, and your payment method will be charged at the then-current price for the subscription.

Once the Free Trial converts to a paid subscription, your subscription will continue to automatically renew at the end of each period, and your payment method will be charged until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the current trial or subscription period.

Please note that deleting your account or uninstalling the app does not cancel your Free Trial. If you signed up for a Free Trial via the Apple App Store or Google Play Store, you will not be eligible for another Free Trial and will be automatically charged for the subscription when the Free Trial ends.

Virtual Items

From time to time, WooPlus may offer the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual items, such as Diamonds or other in-app features ("Virtual Items").

Virtual Items represent a limited license right governed by this Terms, and, except where prohibited by applicable law, no title or ownership of Virtual Items is being transferred or assigned to you. This Terms does not constitute a sale of any rights in Virtual Items.

Any balance of Virtual Items in your account reflects the extent of your license to use those Virtual Items. This balance does not represent real-world currency or stored value and cannot be redeemed for cash. Virtual Items do not incur fees for non-use. However, the license granted to you for Virtual Items will terminate upon the earlier of: (i) WooPlus ceasing to provide the Services, or (ii) your account being closed or terminated.

WooPlus, at its sole discretion, reserves the right to charge fees for access to or use of Virtual Items, as well as to distribute Virtual Items with or without charge. WooPlus may manage, regulate, control, modify, or eliminate Virtual Items at any time, which may affect the perceived value or functionality of the Virtual Items. WooPlus shall not be liable to you or any third party if it exercises these rights. Virtual Items are non-transferable, and you may not sell, redeem, gift, or transfer Virtual Items to any person or entity. Virtual Items may only be redeemed within the WooPlus Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS THROUGH WOOPLUS SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT WOOPLUS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE COMPENSATION FOR UNUSED VIRTUAL ITEMS IF YOUR ACCOUNT IS CLOSED OR TERMINATED, WHETHER VOLUNTARILY OR INVOLUNTARILY.

About Refunds

General Terms

All purchases are final, and there are no refunds or credits for partially used subscription periods, except where required by local laws. Refund requests must be submitted through the same platform where the subscription was purchased (Apple or Google Play).

Refunds for Purchases via Apple ID

All payments made through Apple are managed entirely by Apple, including refunds. WooPlus cannot process or issue refunds for Apple subscriptions.

To request a refund:

  1. Open iTunes or the App Store.
  2. Click on your Apple ID and select Purchase History.
  3. Locate the transaction and click Report a Problem.
  4. Alternatively, submit a request through Apple Support.

Refunds for Purchases via Google Play

If you purchase using your Google Play account:

  • You are eligible for a full refund within 48 hours of the subscription start date, as per Google Play policies.
  • To request a refund, visit Google Play Account, scroll to Order History, find the transaction, and click Report a Problem.
  • For further details, refer to Google Play Support.

Special Terms for Refunds

Subscribers residing in certain jurisdictions are entitled to additional rights as per local regulations:

  1. United States (Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin)
    1. Right to Cancel: You may cancel your subscription without penalty within three (3) business days from the subscription date.
    2. In the event of death or disability:
      • If you pass away during the subscription period, your estate is entitled to a refund for the unused portion of the subscription.
      • If you become disabled and are unable to use WooPlus, you are eligible for a refund for the unused portion of your subscription.
  2. European Union, European Economic Area, United Kingdom, Switzerland
    1. Subscribers are entitled to a full refund if requested within 14 days of the subscription start date, in accordance with local law.

How to Request a Refund

  • If you subscribed through Apple, contact Apple Support as outlined above.
  • If you subscribed through Google Play, follow the steps in the Google Play section.
  • For assistance, please contact WooPlus Customer Support with your order number and associated transaction details.

9. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

WOOPLUS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION CHECKS ON ITS MEMBERS. WHILE WOOPLUS STRIVES TO CREATE A SAFE AND RESPECTFUL ENVIRONMENT, WE DO NOT GUARANTEE THE CONDUCT, IDENTITY, HEALTH, OR INTENTIONS OF ANY USER. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS AND SHOULD EXERCISE CAUTION AND GOOD JUDGMENT WHEN ENGAGING WITH OTHERS ON OR OFF THE SERVICE.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT WOOPLUS DOES NOT INQUIRE INTO THE BACKGROUND OR VERIFY THE IDENTITY OF ITS MEMBERS, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, OR INTENTIONS OF OTHER USERS. WOOPLUS IS NOT RESPONSIBLE FOR YOUR SAFETY, AND USING THE SERVICE DOES NOT SUBSTITUTE FOR FOLLOWING OUR SAFETY TIPS OR TAKING APPROPRIATE SAFETY PRECAUTIONS.

YOU AGREE THAT ANY COMMUNICATIONS YOU RECEIVE THROUGH WOOPLUS MAY RESULT FROM USERS ENGAGING WITH THE PLATFORM FOR IMPROPER PURPOSES, INCLUDING BUT NOT LIMITED TO FRAUD, HARASSMENT, ABUSE, OR OTHER INAPPROPRIATE BEHAVIOR. YOU SHOULD ALWAYS TAKE REASONABLE STEPS TO PROTECT YOUR SAFETY AND WELL-BEING, ESPECIALLY WHEN INTERACTING WITH OTHERS OUTSIDE OF THE SERVICE OR ARRANGING TO MEET IN PERSON.

IF YOU DO NOT AGREE WITH THIS POLICY OR FEEL UNCOMFORTABLE, PLEASE REFRAIN FROM USING THE SERVICE.

10. DISCLAIMER

THE SERVICES PROVIDED BY WOOPLUS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WOOPLUS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY CONTENT AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR FREE OF VIRUSES OR MALICIOUS PROGRAMMING.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES AND FOR THE CONTENT YOU POST OR TRANSMIT. WOOPLUS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION ON USERS AND MAKES NO REPRESENTATIONS REGARDING THE CONDUCT, INTENTIONS, OR VERACITY OF USERS. BY USING THE SERVICES, YOU ACKNOWLEDGE AND ACCEPT THESE LIMITATIONS.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WOOPLUS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

WOOPLUS SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ARISING OUT OF CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, FIRES, FLOODS, ACCIDENTS, STRIKES, NETWORK FAILURES, OR SHORTAGES OF TRANSPORTATION, ENERGY, OR MATERIALS.

IN NO EVENT SHALL WOOPLUS' AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR ACCESS TO OR USE OF THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

As a condition of using the Services, you release WooPlus (and WooPlus's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more player of the Services.

12. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WOOPLUS, ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, LIABILITIES, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH:

  1. YOUR USE OF THE SERVICES,
  2. ANY CONTENT YOU POST, STORE, OR TRANSMIT THROUGH THE SERVICES,
  3. YOUR VIOLATION OF THESE TERMS OR ANY OTHER WOOPLUS POLICIES,
  4. YOUR VIOLATION OF ANY RIGHTS OF THIRD PARTIES,
  5. ANY CONDUCT OR ACTS RELATED TO YOUR USE OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

THIS INDEMNIFICATION APPLIES WHETHER THE CLAIM IS BASED ON NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LEGAL THEORY.

You release WooPlus, and its affiliates, subsidiaries, shareholders, partners, directors, employees, agents, and service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more members of the Services.

13. SEVERABILITY

IF ANY PROVISION OF THESE TERMS IS FOUND TO BE VOID OR UNENFORCEABLE, THE REMAINDER OF THE TERMS WILL REMAIN IN FULL FORCE AND EFFECT. A COURT HAVING JURISDICTION MAY MODIFY SUCH PROVISION TO MAKE IT ENFORCEABLE AND CONSISTENT WITH THE INTENT OF THE PARTIES.

FAILURE OF WOOPLUS TO ENFORCE ANY PROVISION OF THESE TERMS WILL NOT BE CONSIDERED A WAIVER OF SUCH PROVISION. IN CASE OF CONFLICT BETWEEN THESE TERMS AND ANY OTHER TERMS OR POLICIES, THESE TERMS WILL CONTROL.

14. DISPUTE RESOLUTION

If you are a resident of the European Union (EU), European Economic Area (EEA), United Kingdom (UK), or Switzerland, the arbitration provisions outlined in this Dispute Resolution section may not apply to you, as these jurisdictions are subject to the relevant consumer protection laws that may override or exclude the requirement for arbitration. In such cases, the dispute resolution mechanisms available under local law will apply.

If you are a resident of the European Union, EEA, UK, or Switzerland, you can access the European Commission's Online Dispute Resolution platform for alternative dispute resolution at Online Dispute Resolution | European Commission.

Informal Dispute Resolution Process

At WooPlus, we believe many concerns can be resolved quickly and effectively through open and respectful communication, and we value the opportunity to address your concerns before resorting to outside processes.

If you have a dispute, claim, or concern ("Dispute") arising from or related to your use of WooPlus, these Terms, or our relationship, we encourage you to contact us at support@wooplus.com first. We are committed to working with you in good faith to address and resolve your concerns informally.

Before initiating arbitration or filing a claim in small claims court, you agree to complete the following steps:

  1. Notice of Dispute: You must first provide written notice of the Dispute ("Notice") to WooPlus by sending an email to support@wooplus.com. Your Notice must include the following:
    1. Your full name and contact information (including your email, phone number, and the email address associated with your WooPlus account);
    2. A detailed description of the issue, including all relevant facts and circumstances;
    3. The resolution or relief you are seeking, including any specific damages with calculations if applicable.
  2. WooPlus' Response: Once your Notice is received, WooPlus will review the information and respond promptly, typically within 30 days. If needed, we may request additional information to fully understand your concerns.
  3. Good Faith Negotiation: Both parties agree to engage in good faith negotiations to attempt to resolve the Dispute informally. This may include a phone or video conference with WooPlus's representatives to discuss potential resolutions. You must participate personally in these discussions, even if represented by legal counsel.

If the Dispute is not resolved within 60 days after WooPlus receives your completed Notice, either party may proceed with arbitration or a small claims court action (if applicable).

The statute of limitations and any filing deadlines will be paused during this informal resolution process.

All communications, negotiations, and settlement discussions during the informal resolution process are confidential and cannot be used as evidence in any subsequent proceedings unless required for compliance verification.

Claims involving allegations of sexual assault or harassment in connection with WooPlus are exempt from this informal resolution process.

WAIVER OF CERTAIN RIGHTS

BY AGREEING TO THESE TERMS, TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND WOOPLUS IRREVOCABLY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO FILE A LAWSUIT IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ON INFORMAL DISPUTE RESOLUTION AND SMALL CLAIMS COURT. ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION, AS SET FORTH BELOW.

You and WooPlus agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate or join more than one party's claims and may not otherwise preside over any form of a representative, collective, or class proceeding.

Suppose a court or arbitrator determines that the waiver of class, collective, or representative actions is unenforceable concerning a specific claim or request for relief (such as a claim for public injunctive relief). In that case, only that particular claim or request for relief may proceed in court, and the remainder of the arbitration agreement shall continue to apply. Such claims must be filed in Delaware's state or federal courts.

You agree not to act as a private attorney general or in any other representative capacity, nor to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding filed against WooPlus or related third parties.

This waiver is an integral part of the agreement between you and WooPlus and is non-negotiable. Should any part of this waiver be deemed invalid or unenforceable, all other provisions will remain in full effect and enforceable.

DISPUTE RESOLUTION THROUGH INDIVIDUAL BINDING ARBITRATION OR SMALL CLAIMS COURT

Any dispute, claim, or controversy ("Dispute") arising out of or relating to this Agreement or your use of WooPlus Services, that cannot be resolved informally, shall be resolved exclusively through binding individual arbitration, except as specifically provided otherwise in this Section. By agreeing to these Terms, you and WooPlus agree to resolve any disputes through binding arbitration. You waive your right to a jury trial or to participate in a class action, except where prohibited by applicable law.

Users in jurisdictions where arbitration agreements are restricted (e.g., California, EU member states) may have additional rights, including the ability to opt-out of this arbitration clause by contacting us within 30 days of acceptance.

This agreement and any arbitration conducted pursuant to it are governed by the Federal Arbitration Act (FAA) and applicable federal arbitration law. The FAA will apply to the interpretation, enforcement, and proceedings under this arbitration agreement, regardless of any other choice-of-law provisions in this Agreement.

Notwithstanding the above, either you or WooPlus may elect to resolve individual claims in small claims court, provided such claims fall within the court's jurisdiction. If a request to proceed in small claims court is made before an arbitrator is appointed, the arbitration provider will administratively close the arbitration. If the small claims court determines it lacks jurisdiction, the Dispute shall be resolved through arbitration as outlined in this Section. Decisions in small claims court will not have a preclusive effect on WooPlus or other users in unrelated matters.

Arbitration will be conducted by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, available at www.adr.org. If the AAA is unavailable, the parties may agree to another arbitration provider, or the court will appoint an alternative provider. Arbitration proceedings may be conducted virtually, by phone, or in your county of residence unless otherwise agreed upon by the parties.

To begin arbitration, the initiating party must submit a written request ("Request") to the opposing party, which includes:

  1. Name, contact information, and any relevant account details.
  2. A detailed statement of the claims and the factual basis supporting them.
  3. A description of the relief sought, including a good-faith calculation of the amount in controversy.
  4. Evidence of compliance with the informal dispute resolution process, if applicable.
  5. Confirmation of any required filing fees paid to the arbitration provider.

If represented by legal counsel, the Request must also include the attorney's contact information and signature certifying that the filing complies with applicable ethical standards.

The arbitrator will be a retired judge or an attorney licensed to practice law, selected from the AAA's roster of consumer dispute arbitrators. If the parties cannot agree on an arbitrator within 30 days of initiating arbitration, the AAA will appoint one according to its rules.

The arbitrator will have the exclusive authority to:

  • Resolve all disputes arising under or relating to this Agreement, including questions of enforceability, scope, or interpretation of this arbitration agreement.
  • Grant dispositive motions that may resolve the Dispute entirely or in part.
  • Determine the validity of claims, defenses, and requested remedies under applicable law.

The arbitrator may not consolidate claims from multiple parties or preside over any class or representative action.

The arbitrator's decision shall be final and binding, except as provided under the FAA. A court of competent jurisdiction may enter a judgment on the arbitrator's award. If any portion of this arbitration agreement is deemed unenforceable, the remaining provisions will continue in full effect.

In the event this arbitration agreement is found unenforceable or does not apply, any litigation against WooPlus (excluding small claims court actions) must be brought exclusively in the state or federal courts located in Delaware, and both parties irrevocably consent to the jurisdiction and venue of such courts.

Mass Arbitration Proceedings

If, at any time, 30 or more similar demands for arbitration are asserted against WooPlus or related parties by the same or coordinated counsel or entities, within a period of 60 days or otherwise close in proximity ("Mass Filing"), the additional protocols set forth below shall apply.

If you or WooPlus, or your or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filing section. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement.

The parties shall select ten individual arbitration claims (five per side), designated the "Initial Test Cases," to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance, meaning that filing fees will be paid only for the Initial Test Cases, and neither party shall be required to pay filing fees for the abeyance demands.

Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing ("Global Mediation"). The mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. Suppose the parties are unable to resolve the outstanding claims during the Global Mediation. In that case, the parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Global Mediation.

If a Mass Filing is not resolved by the Bellwether Arbitration and Global Mediation processes described above, the arbitration provider will (1) administer the remaining arbitration demands in batches of 100 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration").

A Court of competent jurisdiction located in a venue allowed under the Terms and Conditions of WooPlus shall have the power to enforce this subsection.

Costs and Fees

Arbitration fees shall be governed by the applicable arbitration provider's rules unless otherwise stated in this agreement. The initiating party is responsible for paying the filing fees, while administrative and arbitrator fees shall be split as per the arbitration provider's rules.

The Arbitrator may reallocate arbitration fees and costs, including attorney fees, under the following circumstances:

  • A determination that either party has breached this agreement.
  • As otherwise permitted by applicable law.

If the Arbitrator determines that a claim or defense is frivolous or brought in bad faith, the claimant may be responsible for reimbursing the respondent for all arbitration-related costs incurred.

Arbitration Award

The Arbitrator's decision will be final and binding between you and WooPlus. However, it will not set a precedent or bind any other arbitration involving different parties.

For disputes involving relief of $5,000 or more, the Arbitrator must issue a reasoned decision in writing, specifying the basis of the award.

The Arbitrator shall decide all claims in accordance with applicable laws and recognized principles of equity while respecting any legally recognized privileges.

The Arbitrator may award costs and attorney fees if allowed by applicable law or the arbitration provider's rules.

Settlement and Offers of Judgment

Before the arbitration hearing or a dispositive motion is granted, either party may submit a written settlement offer. Such offers cannot be disclosed to the Arbitrator until after the final award is issued.

If the final award is less favorable than the respondent's offer, the claimant may be required to pay the respondent's post-offer costs, including attorney fees, unless prohibited by applicable law.

At least 14 days before the arbitration hearing, either party may issue a written offer for judgment. If the opposing party does not accept and fails to secure a more favorable outcome, the opposing party shall bear the offering party's post-offer costs.

Hearing and Confidentiality

Both parties may request a fair evidentiary hearing, conducted either in person or based on written submissions, as agreed. If an oral hearing is requested, both parties must attend personally unless the Arbitrator grants a continuance for good cause.

Upon request, the Arbitrator will issue an order protecting confidential information disclosed during the arbitration, limiting its use to the arbitration process or related enforcement proceedings. Any court filings involving confidential information must be made under seal.

Amendments to the Arbitration Agreement

Notwithstanding any other provision in this Agreement, You and WooPlus agree to the following regarding amendments to this Arbitration Agreement:

If WooPlus makes any material amendment to this Arbitration Agreement in the future, we will notify you of such changes. These changes will not apply to any claims filed in a legal proceeding before the effective date of the amendment.

The amended Arbitration Agreement will apply to all other disputes or claims subject to arbitration that arise between you and WooPlus on or after the effective date of the amendment.

If you do not agree to the amended terms, you may close your WooPlus account within thirty (30) days of receiving notice or the posting of the changes. By doing so, you will not be bound by the amended terms. However, closing your account does not invalidate your agreement to arbitrate disputes arising before the account closure or the effective date of the amendment.

Changes to this Arbitration Agreement do not provide you with a new opportunity to opt-out if you have previously agreed to arbitration and did not validly opt-out within the initial opt-out period.

Opt-Out Option

You, as a user of WooPlus, have the right to opt-out of the arbitration agreement provided in these Terms of Service. This includes both new and existing users who have previously agreed to an arbitration provision in the Terms.

To exercise your right to opt-out of this arbitration agreement, you must send a written notice of your decision to opt-out to the following email address: user@wooplus.com, within 30 days after first becoming subject to this arbitration agreement.

Your notice must include your name, your WooPlus username (if any), the email address and/or phone number used to set up your WooPlus account, and a clear statement that you wish to opt out of this arbitration agreement.

If you opt out of this arbitration agreement, all other parts of the Terms of Service and any other agreements between you and WooPlus will continue to apply to you. Opting out of this arbitration agreement does not affect any other arbitration agreements that you may currently have, or may enter into in the future, with us.

If you opt out of this arbitration agreement, any disputes that have arisen but have not been filed in arbitration before the effective date of your opt-out will be governed by the arbitration agreement in place at the time the dispute arose. Any arbitration demands that have already been filed with an arbitration provider before the effective date of your opt-out and in compliance with a prior version of this arbitration agreement are subject to the terms of that prior version.

Your decision to opt out of the arbitration agreement will not affect your ability to use the WooPlus services, and you will continue to be bound by all other terms and conditions of the Terms of Service.

Updates to WooPlus's Terms do not provide a new opportunity for you to opt out of arbitration if you previously agreed to a prior version of WooPlus's Terms containing an arbitration provision and did not validly opt out of arbitration.

15. TERMINATION

WooPlus reserves the right, in its sole discretion, to terminate or suspend your access to the Services, including your account, without notice, for any reason, including but not limited to a breach of these Terms. This termination may also result in the deletion of your account and all related information and content associated with it. In such cases, WooPlus shall not be liable to you or any third party for any loss or damages arising from the termination.

You may terminate your account at any time by logging into the App and following the guide from [Help & Feedback], or sending your request to support@wooplus.com with the subject "Termination" and your profile information. Please note that terminating your account will not automatically cancel any subscriptions you may have with third-party providers (such as iTunes or Google Play). You must separately manage and cancel any active subscriptions through the relevant platform to avoid further charges.

16. MISCELLANEOUS

In the event of any discrepancy between the English version of these Terms and any translated versions, the English version shall prevail.

If you have any questions, complaints, or claims regarding WooPlus Services, please contact us at support@wooplus.com.