Last Modified: November 27, 2024
1. Scope of Agreement.
1.1. These terms of service (“Terms of Service”) govern the access and use of the mobile application Wyzr, website www.wyzrfriends.com, and affiliated websites, features,
services, mobile applications, products, software and other services, or any portion thereof (collectively,
the “Service”), owned or controlled by Wyzr Group, LLC, or its affiliated companies (“Wyzr” or
“we” or “our” or “us”). Affiliated companies are entities that control, are controlled by or are under
common control with Wyzr.
1.2. Privacy Policy. For information about how Wyzr collects, uses, and shares your information,
please review our privacy policy (“Privacy Policy”), which can be found at www.wyzrfriends.com/privacy
and is incorporated herein by reference. You agree that by using the Service you consent to the
collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer
of this information to the United States and/or other countries for storage, processing, and use by Wyzr.
1.3. Agreement. These Terms of Service, the Privacy Policy, and any other legal notices published by us
on the Service are, collectively, an agreement (this “Agreement”) between Wyzr Friends and you (“You”
or “your” or “you” or, a “User”), a User of the Service. By accessing or using the Service, you
acknowledge and agree to this Agreement, including, without limitation, these Terms of Service and the
Privacy Policy. If you choose to not agree with any of the terms of this Agreement, including, without
limitation, these Terms of Service or the Privacy Policy, you may not use the Service.
2. Intellectual Property.
2.1. Ownership of Marks and IP. The design, trademarks, service marks, and logos of Wyzr Friends and
the Service (“Wyzr Friends Marks”), are owned by or licensed to Wyzr Friends, subject to copyright and
other intellectual property rights under United States, foreign laws and international conventions. Except
as otherwise indicated, all copyright rights and other intellectual property rights in the Service and its
contents, including any and all Wyzr Friends Marks, content, data, databases, information, text, music,
sound, photos, images, graphics, audio, video, software, code, technology, methods, analyses, studies,
reports, and other intellectual property contained therein (“Wyzr Friends IP”) are owned by or licensed to
Wyzr Friends, and protected by law, including copyright, database, trade secret, and trademark laws of
the United States and all applicable jurisdictions, as well as other applicable state, national, and
international laws and regulations.
2.2. License. During the term of this Agreement, Wyzr Friends grants you a limited, non-exclusive, non-
transferable license to access the Service for your use in accordance with these Terms of Service. Wyzr
Friends reserves all rights not expressly granted in and to the Service. You agree to not engage in the
use, copying, or distribution of any of the Service, or any portion thereof, other than as expressly
permitted.
3. Subscription and In-App Purchase Terms.
3.1. By purchasing Wyzr Friends’ in-app premium services (when offered) you understand:
Payment will be charged to iTunes or Google Play Account at confirmation of purchase
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end
of the current period
Account will be charged for renewal within 24-hours prior to the end of the current period, and
identify the cost of the renewal
Subscriptions may be managed by the User and auto-renewal may be turned off by going to the
User’s Account Settings after purchase
Any unused portion of a free trial period, if offered, will be forfeited when the User purchases a
subscription to that publication, where applicable.
4. Your Account.
4.1. Account Registration. If you choose to register for an account, you must complete the account
registration process by providing us with current, complete, and accurate information as prompted by the
applicable registration form. You agree to register only once using a single account. You agree you
will not (i) register on behalf of another person; (ii) register under the name of another person or under a
fictional name or alias; (iii) choose a username that constitutes or suggests an impersonation of any other
person (real or fictitious) or entity or that you are a representative of an entity when you are not, or that is
offensive; (iv) choose a username for the purposes of deceiving or misleading our users and/or the Wyzr
Friends as to your true identity; or (v) choose a username that incorporates a solicitation.
4.2. Account Information. You are entirely responsible for maintaining the confidentiality of your account
information and password. Furthermore, you are entirely responsible for any and all activities that occur
under your account. You should notify us immediately of any known or suspected unauthorized use of
your username and password or any other breach of security. Wyzr Friends will not be liable for any loss
that you may incur as a result of someone else using your username, password, or account, either with or
without your knowledge. You could be held liable for losses incurred by Wyzr Friends or another party
due to someone else using your username, password, or account. You may not use anyone else’s
account at any time, without the permission of the account holder. Your account is unique to you and may
not be transferred to any third party.
4.3. Account Security. Wyzr Friends cares about the integrity and security of your account information.
However, Wyzr Friends cannot guarantee that unauthorized third parties will never be able to defeat the
Service’s security measures or use any personal information you provide to us for improper purposes.
You acknowledge that you provide your account information at your own risk.
5. The Wyzr Friends Service.
5.1. Eligibility. The Service is targeted to users over 50 and is not intended for users under 18. By using
the Service, you hereby represent that you are at least 18 years old.
5.2. Wyzr Friends is a Technology Platform. You understand that Wyzr Friends acts only as a
technology platform and interface between users and that Wyzr Friends does not itself verify the
qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between Users.
Any opinions or statements expressed by a User are of those of the User alone, and are not to be
attributed to Wyzr Friends. Wyzr Friends cannot and does not assume responsibility for the accuracy,
completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said,
written, posted, displayed or otherwise made available by any User. Please use caution, common sense,
and practice safety when using Wyzr Friends. By using Wyzr Friends, you agree to accept such risks and
that Wyzr Friends (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not
responsible for any and all acts or omissions of Users.
5.3. Background Checks. If you create an account, you represent and warrant that you have never been
convicted of a felony and that you are not required to register as a sex offender with any government
entity. NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND THAT WYZR FRIENDS
CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS
USERS. WYZR FRIENDS ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS
USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS OTHER THAN USER
INITIATED AGE AND ID VERIFICATIONS THROUGH PERSONA. WYZR FRIENDS MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR
COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. WYZR FRIENDS RESERVES THE
RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS
SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC
RECORDS.
5.4. Disputes with Users. If you have a dispute with one or more Users, you release us (and our
affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from
claims, demands and damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes. In entering into this release you
expressly waive any protections (whether statutory or otherwise) that would otherwise limit the
coverage of this release to include only those claims which you may know or suspect to exist in
your favor at the time of agreeing to this release.
5.5. Limitation of Liability Regarding Users. Wyzr Friends is not responsible for the conduct of any
User. As set forth in, and without limiting, Sections 12 and 13 below, in no event shall Wyzr Friends (or
our affiliates and subsidiaries, or our and their respective officers, directors, employees and agents) be
liable, directly or indirectly, for any losses or damages whatsoever, whether direct, indirect, general,
special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or
anyone else in connection with the use of the Service including, without limitation, death, bodily injury,
emotional distress, and/or any other damages resulting from communications or meetings with other
Users or persons you meet through the Service. You agree to take all necessary precautions in all
interactions with other Users, particularly if you decide to communicate off the Service or meet in person,
or if you decide to send money to another User. You understand that Wyzr Friends makes no guarantees,
either express or implied, regarding your interactions with individuals you meet through the Service. You
should not provide your financial information (for example, your credit card or bank account information),
or wire or otherwise send money, to other Users.
5. User Conduct and User Content.
5.1. User Conduct. As a condition of your use of and access to the Service, you agree not to use the
Service for any unlawful purpose or in any way that violates these Terms. Any use of the Service in
violation of these Terms of Service may result in, among other things, termination or suspension of your
account and your ability to use the Service. You may not engage in any of the following prohibited
activities:
(a) Copying, distributing, or disclosing any part of the Service in any medium, including without limitation
by any automated or non-automated “scraping”; collecting or harvesting any personally identifiable
information, including account names, from the Service; altering, modifying or creating derivative works of
the Service, or any portion thereof;
(b) Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to
access the Service; accessing any content or features of the Service through any technology or means
other than those provided or authorized by the Service;
(c) Transmitting spam, chain letters, or other unsolicited email; using the Service for any commercial
solicitation purpose or political campaigning;
(d) Attempting to interfere with, compromise the system integrity or security, or decipher any
transmissions to or from the servers running the Service; uploading invalid data, viruses, worms, or other
software agents through the Service; bypassing the measures we may use to prevent or restrict access to
the Service, including without limitation features that prevent or restrict use or copying of any content or
features or enforce limitations on use of the Service or the content or features therein;
(e) Taking any action that imposes, or may impose at our sole discretion an unreasonable or
disproportionately large load on Service infrastructure; interfering with the proper working of the Service;
(f) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity,
conducting fraud, hiding or attempting to hide your identity; or
(g) Disrupting the normal flow of dialogue, causes a screen to “scroll” faster than other Users are able to
type, or otherwise negatively affects other Users’ ability to engage in real time exchanges.
(h) The Service is for personal use only. Users may not use the Service or any content contained in the
Service (including, but not limited to, content of other users, designs, text, graphics, images, video,
information, logos, software, audio files and computer code) in connection with any commercial
endeavors, such as (i) advertising or soliciting any User to buy or sell any products or services not offered
by Wyzr Friends or (ii) soliciting others to attend parties or other social functions, or networking, for
commercial purposes. Users of the Service may not use any information obtained from the Service to
contact, advertise to, solicit, or sell to any other User without his or her prior explicit consent.
Organizations, companies, and/or businesses may not use the Service or the Service for any purpose
except with Wyzr Friends’ express consent (such as for promoted profiles or other advertisements), which
Wyzr Friends may provide or deny in its sole discretion. Wyzr Friends may investigate and take any
available legal action in response to illegal and/or unauthorized uses of the Service, including collecting
usernames and/or email addresses of users by electronic or other means for the purpose of sending
unsolicited email and unauthorized framing of or linking to the Service.
5.2. User Content. As a User with a registered account, you may be able to submit content to the
Service, including software code, videos, photos, images, audio, text, information (including, without
limitation, Personally Identifiable Information), User comments, and any other content (collectively, “User
Content”). You shall be solely responsible for your own User Content and the consequences of
submitting and publishing your User Content on the Service. You further agree that you will not submit to
the Service any User Content or other material that is contrary to these Terms of Service or contrary to
applicable local, national, and international laws and regulations.
5.3. Representations. You affirm, represent, and warrant that you own or have the necessary licenses,
rights, consents, and permissions to publish User Content you submit. You further agree that User
Content you submit to the Service will not contain third party copyrighted material, or material that is
subject to other third party proprietary rights, unless you have permission from the rightful owner of the
material or you are otherwise legally entitled to post the material and to grant us all of the license rights
granted herein. We do not permit copyright infringing activities and infringement of intellectual property
rights on the Service, and we will remove all User Content if properly notified that such User Content
infringes on another’s intellectual property rights. We reserve the right to remove User Content without
prior notice. By using the Service, you expressly agree not to use, reproduce, modify, adapt, edit,
translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create
derivative works from or otherwise publish throughout the world, in any media, now known or hereafter
devised, on or through the Service any of the following:
(a) User Content that would constitute, encourage or provide instructions for a criminal offense, violate
the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national
or international law, including, without limitation, the regulations of the U.S. Securities and Exchange
Commission;
(b) User Content that is indecent, profane (including masked profanity where symbols, initials, intentional
misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive,
inflammatory, untrue, misleading, illegal, invasive of privacy or publicity rights, libelous, slanderous or
defamatory. We do not tolerate users harassing, threatening or embarrassing other users, including
harassment or denigration based on age, gender, race, religion, national origin, sexual orientation or
disability, marital status or veteran status, or the stalking of other users;
(c) User Content that contains any confidential or proprietary information of any person or entity, or that
otherwise violates the legal rights of any person or entity. You may not include in any User Content either
any email addresses or telephone numbers of any person or entity, including your own. You may not use
a false email address, impersonate any person or entity (including any other User), or otherwise mislead
as to the origin of your User Content;
(d) User Content that is unrelated to the topic or context in which such Content is posted, or that, in the
sole judgment of Wyzr Friends, contravenes the above, is otherwise objectionable or inappropriate, or
which restricts or inhibits any other person from using or enjoying the Service, or which may expose Wyzr
Friends or its affiliates or its users to any harm or liability of any type.
5.4. Rights and License. You retain all of your ownership rights in your User Content. However, by
submitting User Content to the Service, you hereby grant Wyzr Friends a worldwide, non-exclusive,
royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform the User Content in connection with the Service and Wyzr Friends’ (and its
successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all
of the Service (and derivative works thereof) in any media formats and through any media channels
(including for advertising or other commercial use). If we publish your User Content or authorize or license
others to do so, your User Content may be edited for length, format, clarity or for any other reason either
before or after it is published. You also hereby grant each User of the Service a non-exclusive license to
access your User Content through the Service, and to use, reproduce, distribute, display and perform
such User Content as permitted through the functionality of the Service and under these Terms of
Service. The above licenses granted by you in User Content you submit to the Service terminate within a
commercially reasonable time after you remove your User Content from the Service. You understand and
agree, however, that we may retain, but not display, distribute, or perform, server copies of your User
Content that have been removed. The above licenses granted by you in User comments you submit are
perpetual and irrevocable.
5.5. Community Services. Wyzr Friends provides a number of means by which you may communicate
with other users and with us, including various communication and personalization tools and services that
are part of our Wyzr Friends community (the “Community Services”). The Community Services may
include Chat, Carpool and Friend Blast, in which you or other users may post content, messages,
materials or other items on the Service. All of your communications made to or through these other
means or our Community Services, as well as any attachments to those communications or otherwise
submitted to us (such as documents, photographs and videos) are included in the definition of “User
Content,” and are subject to the terms for User Content as set forth above. You are solely responsible for
your use of such Community Services and use them at your own risk. No action should be taken based
upon any of the information contained in the Community Services. You should seek independent
professional advice from a person who is licensed and/or knowledgeable in the applicable area before
acting upon any opinion, advice, or information contained on the Service. All statements, information and
other User Content submitted by users are solely the opinions of users, and not of Wyzr Friends. You are
responsible for all usage and activity in the Community Services through your username and password,
including use of your username and password by any third party. You are responsible for all usage and
activity in the Community Services through your username and password, including use of your
username and password by any third party. You should be aware that disclosure in the Community
Services of your full name, street address or other personal information raises safety concerns and may
result in solicitations from third parties or unwanted communications. We disclaim any responsibility or
liability arising from your disclosure of such personal information, or any other information, in the
Community Services.
5.6. User Content Disclaimers. We do not endorse any User Content submitted to the Service by any
User or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly
disclaim any and all liability in connection with User Content. Wyzr Friends takes no responsibility and
assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any
loss or damage thereto or in connection therewith, nor is Wyzr Friends liable for any mistakes,
inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or
profanity you may encounter. As a provider of interactive services, Wyzr Friends is not liable for any
statements, representations or User Content provided by its users. Although Wyzr Friends has no
obligation to screen, edit or monitor any of the User Content posted to or distributed through the Service,
Wyzr Friends reserves the right, and has absolute discretion, to remove, screen or edit without notice any
User Content posted or stored on the Service at any time and for any reason and without liability to you or
any third party, and you are solely responsible for creating backup copies of and replacing any User
Content you post or store on the Service at your sole cost and expense. However, we also reserve the
right in our sole discretion to display any User Content that is submitted to us (or to decline to remove any
User Content), even if it violates this Agreement. Since not all of the areas of the Service are monitored
on a “real time” basis, you may see User Content that violates this Agreement before we do. Please
report such items to connect@wyzrfriends.com.
6. Copyright Policy.
6.1. Copyright Agent. Wyzr Friends respects the intellectual property rights of others and expects users
of the Service to do the same. We will respond to notices of alleged copyright infringement that comply
with applicable law and are properly provided to our designated copyright agent (“Copyright Agent”). Our
designated Copyright Agent to receive notifications of claimed infringement is:
Wyzr Group, LLC
ATTN: Copyright Agent
1001 Genter St.
La Jolla, CA 92037
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications should be directed to connect@wyzrfriends.com.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice
may not be valid.
6.2. Claims of Infringement. If you are a copyright owner or an agent thereof and believe that any
Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative list of such works
at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled and information reasonably sufficient
to permit the service provider to locate the material;
Information reasonably sufficient to permit Wyzr Friends to contact you, such as an address,
telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you
are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6.3. Counter-Notice. If you believe that your content that was removed (or to which access was disabled)
is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent,
or pursuant to the law, to post and use the material in your content, you may send a counter-notice
containing the following information to our Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result
of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the
arbitration provision of this Agreement, and a statement that you will accept service of notice from
the person who provided notification of the alleged infringement;
If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to
the original complaining party informing that person that he or she may replace the removed content
or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a
court order against the content provider, or User, the removed content may be replaced, or access
to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice,
at our sole discretion.
7. Third Parties.
7.1. Third Party Links. The Service may contain links to third-party advertisers, websites or services.
You acknowledge and agree that Wyzr Friends is not responsible or liable for: (i) the availability or
accuracy of such advertisements, websites or services, or (ii) the content, products, or resources on or
available from such advertisers, websites or services. Links to such advertisers, websites or services do
not imply any endorsement by Wyzr Friends of those websites or services. You acknowledge sole
responsibility for and assume all risk arising from your use of any such websites or services.
7.2. Third Party Content. Through the Service, you will have the ability to access and/or use content
provided by third parties. Wyzr Friends cannot guarantee that such third party content will be free of
material you may find objectionable or otherwise. Wyzr Friends disclaims any responsibility or liability
related to your access or use of any third party content.
7.3. Third Party Promotions. Some third parties may promote sweepstakes, competitions, promotions,
and other similar opportunities on the Service (“Third Party Promotions”). Wyzr Friends is not the
sponsor or promoter of these Third Party Promotions and does not bear any responsibility or liability for
the actions or inactions of any third parties who organize, administer or are otherwise involved in any of
promotion of these Third Party Promotions. If you wish to participate in any of these Third Party
Promotions, you are responsible for reading and ensuring that you understand the applicable rules and
any eligibility requirements and are lawfully able to participate in such Third Party Promotions in your
jurisdiction.
7.4. Social Media Networks. The Service may include features that connect to third party social media
networks (“Social Media Networks”) and allow you to share or like content or services with your friends
or other users of the Social Media Networks, or you may be able to connect your User account with your
Social Media Networks’ accounts. To learn more about how your information may be shared with Social
Media Networks or how your Social Media Networks’ account information may be shared with us, please
read our Privacy Policy and the privacy policy or settings of the relevant Social Media Networks.
7.5. Third Party Listings. We do not warrant and shall not be liable for the quality of any third party
products, services, information, or other material obtained by you through the Service.
7.6. Errors, Inaccuracies and Omissions. Occasionally there may be information in the Service that
contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information if any information in the Service or on any
related website is inaccurate at any time without prior notice. We undertake no obligation to update,
amend or clarify information in the Service or on any related website, including without limitation, except
as required by law. No specified update or refresh date applied in the Service or on any related website,
should be taken to indicate that all information in the Service or on any related website has been modified
or updated.
8. Fees, Payments and Changes.
8.1. Fees. Wyzr Friends reserves the right at any time to charge fees for access to the Service, or any
portion thereof. However, in no event will you be charged for access to the Service unless we obtain your
prior agreement to pay such charges. You may cancel your account at any time. You agree to pay all
charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when
such charges are incurred, including all shipping and handling charges. In addition, you remain
responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such
taxes, if any, are not our responsibility. Refunds and exchanges shall be subject to our refund and
exchange policies, in the applicable additional terms, as may be made available by us and updated by us
from time to time.
8.2. Payments. If products, subscriptions, software, or services are made available for purchase through
the Service and you wish to purchase such products, subscriptions, software, or services, you may be
asked by us or our designee (or, if such product, subscriptions, software, or services are being made
available by a third party provider, by such third party provider) to supply certain information relevant to
your purchase, including, without limitation, credit card number, expiration date, billing address and
shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO
USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR
USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. You acknowledge that any
such information will be treated by us in accordance with our Privacy Policy. You grant us the right to
provide such information to third parties in order to facilitate the completion of transactions initiated by you
or on your behalf through the Service. Verification of information may be required prior to acceptance of
any order through the Service.
8.3. Changes. We reserve the right, with or without prior notice, to: change descriptions or references to
products, subscriptions, software or services; limit the available quantity of any products, subscriptions,
software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other
similar promotions (collectively, the “Rewards Program”); and/or refuse to provide any User of the Service
with any products, subscriptions, software or services. We may modify the Rewards Program, any points,
or the terms that govern their usage, at our sole discretion, and such modifications may make the
Rewards Program points more or less common, valuable, subscriptions:
8.4 Subscription Terms
—1 month of Wyzr Plus @ 9.99
— 6 months of Wyzr Plus @ 39.99
– 12 months of Wyzr Plus @ 69.99
Prices are in US Dollars. Payment will be charged to iTunes or Google Play Account at confirmation of
purchase.
– The subscription will auto-renew.
– Payment will be charged to iTunes or Google Play Account at confirmation of purchase.
– Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of
the current period.
– Account will be charged for renewal within 24-hours prior to the end of the current period, and identify
the cost of the renewal.
– Subscriptions can be managed by the User and auto-renewal can be turned off by going to the User’s
‘Account Settings’ after the purchase.
– After a User has purchased the Wyzr+/Premium subscription and amount is deducted, the subscription
cannot be cancelled before it expires, but the Wyzr+/Premium access will be valid until the subscription
has expired or has been cancelled.
9. Mobile Services and Applications.
9.1. “Mobile Services” means certain software and services that are available via a mobile device,
including (i) the ability to upload data to the Service via a mobile device, (ii) the ability to use the Service
from a mobile device, and (iii) the ability to access certain features through an application downloaded
and installed on a mobile device.
9.2. Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your
wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading,
installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all
Mobile Services may work with all carriers or devices.
9.3. Notifications and Messages. By using the Mobile Services, you agree that we may communicate
with you regarding Wyzr Friends and other entities by SMS, MMS, text message or other electronic
means to your mobile device for the purpose of providing the applicable service and that certain
information about your usage of the Mobile Services may be communicated to us. In the event you
change or deactivate your mobile telephone number, you agree to promptly update your Wyzr Friends
account information to ensure that your messages are not sent to the person that acquires your old
number. In the event that you fail to comply with the obligation to promptly update your Wyzr Friends
account information when changing or deactivating your mobile telephone number, you accept full
responsibility for any of your messages, which may not be delivered or may be sent to the person that
acquires your old number.
9.4. License. Subject to your compliance with this Agreement, Wyzr Friends grants you a limited non-
exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of
the Wyzr Friends mobile application (“Application”) on a mobile device that you own or control and to run
such copy of the Application solely to access the Service for your own personal non-commercial
purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple
App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application
(i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted
by the “Usage Rules” set forth in the Apple App Store Terms of Service.
9.5. App Stores. You acknowledge and agree that the availability of the Application and the Service is
dependent on the third party from whom you received the Application license, e.g., the Apple or Android
app stores (“App Store”). You acknowledge that this Agreement is between you and Wyzr Friends and
not with the App Store. Wyzr Friends, not the App Store, is solely responsible for the Service and
Application, the content thereof, maintenance, support services, and warranty therefor, and addressing
any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement).
You agree to pay all fees (if any) charged by the App Store in connection with the Application or Service.
You agree to comply with, and your license to use the Application is conditioned upon your compliance
with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using
the Application and the Service. You acknowledge that the App Store (and its subsidiaries) are third party
beneficiaries of these Terms and will have the right to enforce them.
9.6. Accessing and Download the Application from the Apple App Store and Google Play Store
(collectively, “App Store”). The following applies to any Application accessed through or downloaded
from the App Store:
You acknowledge and agree that (i) this Agreement is concluded between you and Wyzr Friends
only, and not Apple or Google, and (ii) Wyzr Friends, not Apple or Google, is solely responsible for
the App Store Sourced Application and content thereof. Your use of the App Store Sourced
Application must comply with the App Store Terms of Service.
You acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any
maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable
warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for
the App Store Sourced Application to you and to the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced
Application. As between Wyzr Friends and Apple or Google, any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any warranty will be the sole
responsibility of Wyzr Friends.
You and Wyzr Friends acknowledge that, as between Wyzr Friends and Apple or Google, Apple or
Google is not responsible for addressing any claims you have or any claims of any third party
relating to the App Store Sourced Application or your possession and use of the App Store Sourced
Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store
Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation.
You and Wyzr Friends acknowledge that, in the event of any third party claim that the App Store
Sourced Application or your possession and use of that App Store Sourced Application infringes
that third party’s intellectual property rights, as between Wyzr Friends and Apple or Google, Wyzr
Friends, not Apple, will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and Wyzr Friends acknowledge and agree that Apple and Google, and Apple’s and Google’s
subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store
Sourced Application, and that, upon your acceptance of these Terms and conditions of these
Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these
Terms as related to your license of the App Store Sourced Application against you as a third party
beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third party
terms of agreement when using the App Store Sourced Application.
10. Disclosures. In order to cooperate with legitimate governmental requests, subpoenas or court
orders, to protect Wyzr Friends’ systems and users, or to ensure the integrity and operation of Wyzr
Friends’ business and systems, Wyzr Friends may access and disclose any information it considers
necessary or appropriate, including, without limitation, account information (i.e. name, email
address, etc.), IP addressing and traffic information, usage history, and posted User Content. Wyzr
Friends’ right to disclose any such information, as applicable, shall be pursuant to the terms of Wyzr
Friends’ Privacy Policy. Please see Wyzr Friends’ Privacy Policy for the terms of our personal
information collection and use practices with respect to the Service.
11. Termination, Suspension, and Restrictions, and Survival of Terms.
11.1. Termination, Suspension, and Restrictions. Wyzr Friends may terminate or suspend your access
to or ability to use the Service immediately, without prior notice or liability, for any reason or no reason,
including breach of this Agreement. In particular, Wyzr Friends may immediately terminate or suspend
accounts that have been flagged for repeat copyright infringement. Upon termination of your access to or
ability to use the Service, your right to use or access the Service will immediately cease. Wyzr Friends
may change, restrict access to, suspend, or discontinue any aspect of the Service at any time, including
availability of any feature, database, or content. Wyzr Friends may also impose limits on certain features
and services or restrict your access to all or parts of the Service without notice or liability.
11.2. Survival of Terms. This Agreement’s terms and conditions that by their nature should survive
termination shall survive termination, including, without limitation, ownership provisions, warranty
disclaimers, and limitations of liability. Termination of your access to and use of the Service shall not
relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise
may have to Wyzr Friends or any third party.
12. General Disclaimers. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE (INCLUDING,
WITHOUT LIMITATION, MOBILE SERVICES), IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WYZR FRIENDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WYZR FRIENDS DOES NOT WARRANT THAT THE SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SERVICE OR THE SERVERS
THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL
COMPONENTS. WYZR FRIENDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR DATA ON THE
SERVICE, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY OR
OTHERWISE. WYZR FRIENDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCTS, OR SERVICES ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED
IN ANY OTHER ADVERTISING, AND WYZR FRIENDS WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-
PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF
PRODUCTS OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Having a big sale, on-site celebrity, or other event? Be sure to announce it so everybody knows and gets excited about it.
13. Limitations of Liability. IN NO EVENT SHALL WYZR FRIENDS, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, MOBILE SERVICES), OR
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR DATA, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY
THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY
CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT WYZR FRIENDS IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT WYZR FRIENDS SHALL NOT BE LIABLE FOR USER
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. IN NO EVENT WILL WYZR FRIENDS’S TOTAL AGGREGATE LIABILITY
TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO USE THE
SERVICE DURING THE PRIOR SIX (6) MONTHS.
14. Indemnification. To the extent permitted by applicable law, you agree to defend, indemnify and
hold harmless Wyzr Friends, its parent corporation, officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service
(including, without limitation, Mobile Services); (ii) your violation of any term of this Agreement; (iii)
your violation of any third party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that your User Content caused damage to a User or third party. Wyzr Friends
may assume the exclusive defense and control of any matter for which users have agreed to
indemnify Wyzr Friends and you agree to assist and cooperate with Wyzr Friends in the defense or
settlement of any such matters. This defense and indemnification obligation will survive the
termination of this Agreement and your use of the Service.
15. Dispute Resolution.
15.1. Mandatory Arbitration. For any dispute you have with Wyzr Friends, you agree to first contact
Wyzr Friends and attempt to resolve the dispute informally. If Wyzr Friends has not been able to resolve
the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding
claims for injunctive or other equitable relief) arising out of or in connection with or relating to this
Agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial
Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the
AAA, except as provided herein. The arbitration will be conducted in the County of Los Angeles, State of
California, in the United States. Each party will be responsible for paying any AAA filing, administrative
and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs
of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any
judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This arbitration agreement survives the termination of this Agreement between you and Wyzr Friends.
15.2. Waivers of Class Action and Trial by Jury. You and Wyzr Friends both waive any right to
participate in any class action involving disputes between us, and you and Wyzr Friends are each waiving
the right to a trial by jury. All claims must be brought in the parties’ individual capacity, and not as a
plaintiff or class member in any purported class or representative proceeding, and, unless we agree
otherwise, the arbitrator may not consolidate more than one person’s claims. This class action waiver is
an essential part of our arbitration agreement and may not be severed. If for any reason this class action
waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the waiver of
the right to trial by jury set forth in this Section will remain in full force and effect.
15.3. Other Remedies. Notwithstanding the foregoing, either party may bring an individual action in small
claims court. Nothing in this Section precludes you from bringing issues to the attention of federal, state
or local agencies. Nothing in this Section shall prevent either party from seeking injunctive or other
equitable relief from the courts for matters related to data security, intellectual property or unauthorized
access to the Service.
15.4. Time Limitations. YOU AND WYZR FRIENDS AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
16. Notice for California Users. Under California Civil Code Section 1789.3, California users of the
online services are entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by
telephone at (916) 445-1254 or (800) 952-5210.
17. Users From Other Jurisdictions. By accessing or using the Service, or submitting information, you
acknowledge that you accept the practices and policies outlined in this Agreement and consent to
having your data transferred to and processed in the United States. If you do not agree to the terms
of this Agreement, please do not use the Service. The Service is controlled and operated by Wyzr
Friends from the United States. We do not represent or warrant that the Service, or any part thereof,
is appropriate or available for use in any particular jurisdiction. Those who choose to access the
Service, do so on their own initiative and at their own risk, and are responsible for complying with all
local laws, rules and regulations. You also are subject to United States export controls in connection
with your use of the Service and are responsible for any violations of such controls, including,
without limitation, any United States embargoes or other federal rules and regulations restricting
exports. We may limit the availability of the Service, in whole or in part, to any person, geographic
area or jurisdiction that we choose, at any time and in our sole discretion.
18. General. This Agreement shall be governed by the internal substantive laws of the State of
California, without respect to its conflict of laws principles. This Agreement, including, without
limitation, these Terms of Service, together with the Privacy Policy and any other legal notices
published by us on the Service, shall constitute the entire agreement between you and Wyzr
Friends concerning the Service. If any provision of this Agreement is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of
this Agreement shall be deemed a further or continuing waiver of such term or any other term, and
Wyzr Friends’ failure to assert any right or provision under this Agreement shall not constitute a
waiver of such right or provision. We reserve the right to amend this Agreement, including, without
limitation, these Terms of Service and the Privacy Policy, at any time and without notice, and it is
your responsibility to review this Agreement, including, without limitation, these Terms of Service
and the Privacy Policy for any changes. This Agreement, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by Wyzr Friends
without restriction. Your use of the Service following any amendment of this Agreement will signify
your assent to and acceptance of its revised terms.
19. Contact Information. If you have any questions, feedback or to report a violation regarding these
Terms of Service, you may email us at info@wyzrfriends.com.
Copyright © 2023 Wyzr Group, LLC - All Rights Reserved.