Effective Date: April 20, 2023

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TERMS OF USE:

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These Terms of Use (“Terms”) govern the access or use by you, an individual, the use of Waly applications, websites, content, products, and services (the “Services”) made available by Waly LLC, a private limited liability company.  Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Waly. If you do not agree to these Terms, you may not access or use the Services.   Waly may immediately terminate these Terms or any Services with respect to you, or, generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.

 

The Services:

 

The Services constitute a technology platform and products that enable users of Waly’s browser extensions for websites and mobile apps provided as part of the Services (each, an “application”) to get recommendations on payment method/s to use when spending online or retail that will maximize credit card rewards based on information collected by us from credit card issuers/providers and other sources.

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• Waly focuses on day-to-day spending and assumes regular card benefits and rewards. 

• Waly assumes that you have activated any quarterly or limited-time rewards. Make sure to activate any offer you receive from your card company. Card companies usually send emails to activate, or you can sign in to your card account to activate. 

• Card rewards are objective in some cases and not provided by card issuers. Waly uses cutting-edge technologies and AI to determine reward % based on many factors, including rewards, benefits, redemption value, statement credits, points to cash, pay by points, and many more.  

• Waly supports only US shopping merchants and US-issued credit cards. All benefits are expressed in US currency.

• Waly currently does not support new card sign-up bonus benefits and individual offers you can add to your card to earn statement credit.

• Some cards have max spending (ex: $1,500) to earn a higher % rate of reward before it defaults to a lower rate.  Waly assumes you are within the max spending limit. 

• Cards that offer customized category selection are set to the card's default category at this time.

 

The Restrictions:

 

You may not: (a) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Waly; (c) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

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Third-Party Services and Content:

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The Services may be made available or accessed in connection with third-party services and content (including advertising) that Waly does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Waly does not endorse such third party services and content and in no event shall Waly be responsible or liable for any products or services of such third party providers.

 

Ownership:

 

Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Waly or Waly’s suppliers.  Neither these Terms

transfers to you or any third party any rights, title, or interest in or to such intellectual property rights.

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The listed merchant(s) and credit card issuers are in no way affiliated with Waly, nor are the listed merchant(s) considered sponsors or co-sponsors of this program. All trademarks are the property of their respective owner(s).

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User Accounts:

 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Waly certain personal information, such as your name, and email address. You agree to maintain accurate, complete, and up-to-date information in your Account.  You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account at all times.

 

Referral Program:

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Waly offers you the opportunity to earn rewards by referring friends to try our Service. Your participation in the Referral Program ("Waly Referral Program" or "Referral Program" or "Program") can earn you rewards to redeem for rewards. We reserve the right to terminate the Program at any time for any reason. The Program is administered by Waly, which may outsource certain elements of administration to third parties (collectively "Administrator"). By participating in the Program, Users agree to use the Program as outlined and are consistent with any other terms we may apply to the Program. If you do not agree to these Terms, you cannot register and participate in the Program. Users also cannot, wherein so doing, they would violate any applicable law or regulations. These Referral Terms are published by Waly. These Terms form a binding agreement for both Referring Users (“you” or “your(s)”) and people who receive our referral invitation. You may not attempt to earn rewards in connection with the Referral Program through fraud, deceit, or artificial or illegal means, including by creating multiple or duplicate accounts, engaging in a bot network, spam, advertising, or any paid promotional channel. We reserve the right, in our sole discretion, to withhold rewards for any reason in connection with the Referral Program with or without cause.

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DISCLAIMER:

 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WALY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WALY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WALY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

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LIMITATION OF LIABILITY:

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WALY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WALY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WALY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WALY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WALY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WALY’S REASONABLE CONTROL.  IN NO EVENT SHALL WALY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIFTY US DOLLARS ($50).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnity:

 

You agree to indemnify and hold WALY and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Waly’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

 

Governing Law and Arbitration:

 

All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in accordance with United States law.  This Arbitration Agreement applies to you and Waly, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

 

Contact:

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If you have questions about our terms of use, you can contact us at support@waly.io

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