Terms and Conditions

Effective as of 18^th November 2021

1. Disclaimer of Warranties and Damages; Limitation of liability

Your use of the website www.wyah.online -in the following referred to as “Our Website”, the app “wyah – create ° tag ° rediscover” – in the following referred to as “Our App”, and the content management system on pi.wyah,online – in the following referred to as “Our CMS” on your computer or mobile device is at your own risk. This service is provided “as is” to the fullest extend permissible by law with regard to the content on this site, wyah ltd., in the following referred to as “Our Company” makes no representations or warranties of any kind whatsoever for

• the accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through our service.
  • That the server that makes this service available is free of viruses or other components that may infect, harm or cause damage to your computer/ mobile device equipment or any other property when you access, browse, download from or otherwise use the service.

Under no circumstances, including but not limited to Our Company’s negligence, shall Our Company be liable for any consequential, direct, incidental, indirect, punitive, or special damages related to

• the use of
  • the inability to use, or
  • errors or omissions in the contents and functions of this service, even if Our Company or an authorized representative thereof has been advised of the possibility of such damages.

• No unlawful or prohibited use (Restricted uses)

As a condition of your use of our service (the app, the content management system and the website), you warrant to Our Company that you will not use the service for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the service in any manner which could damage, disable, overburden or impair the service or interfere with any other party’s use and enjoyment of the service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the service.

• Modifying/Terminating Services (Account termination)

Our Company reserves the right to modify, update or discontinue our Services, or any feature or portions thereof, without prior notice. You agree that we can suspend or terminate your right to access our Service at any time for any reason without notice, obligations or liability to you.

• Your license to use the service, intellectual property

Our Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the services.

As between you and  wyah ltd. you acknowledge that wyah ltd. retains all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the services, the software and application programming interfaces (APIs) comprising the Services.

When you create posts containing media, brand and trademark names that will be publicly visible, you confirm that you own all sufficient rights to use this media, trademarks and brands.

All right, title and interest in and to the services (excluding content provided by users) are and will remain the exclusive property of wyah, or the services is entirely voluntarily and we will be free to use such feedback, comments or suggestions as we see fit and without obligation to you.

• Changes to the Agreements (Modification of the Terms & Conditions)

Occasionally we may make changes to the agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the service, implementing advancements in science and technology, and reasonable technical adjustments to the service, ensuring the operability or the security of the service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g. by displaying a prominent notice or seeking your agreement with the service or by sending you an eMail. In some cases, we will notify you in advance, and your continued use of the service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the service under the new version of the agreements, you may terminate your account by using the functionality in the Content Management System or by contacting us.

• Privacy

We have developed a privacy policy in order to inform you of its practices with respect to the connection, use, disclosure and protection of your information. You can find the privacy policy , which is incorporated into this agreement, on our website. By using our service you agree to the terms of the privacy policy.

• Jurisdiction

• Intellectual property

As between you and  wyah ltd. You acknowledge that wyah ltd. Retains all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the services, the software and application programming interfaces (APIs) comprising the Services and all content therein.

where an account infringes on another parties’ registered trade mark, it may either remove that infringing account or transfer ownership of the account the registered owner of that trade mark.

Payment and product warranties

User content

Users of our CMS may be permitted to submit content for publication. You will be deemed to consent to our guidelines in the Terms and Conditions if you choose to post any content or comments to the wyah cms or website.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the wyah website or CMS.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the wyah website or CMS or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of wyah, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the wyah site or CMS.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the wyah site or CMS o post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the wyah site or CMS or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the wyah site or CMS, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability.

You understand that the technical processing and transmission of the wyah site/ CMS may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Wyah assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the wyah site or CMS.

If you are under 16, you confirm that you have permission of your parent or guardian to submit content.

We will not tolerate racism, sexism, homophobia or other forms of hate-speech, or contributions that could be interpreted as such. We recognise the difference between criticising a particular government, organisation, community or belief and attacking people on the basis of their race, religion, sex, gender, sexual orientation, disability or age.

We will remove any content that may put us in legal jeopardy, such as potentially libellous or defamatory postings, or material posted in potential breach of copyright.