Terms of Service

Last updated: March 07, 2025

About These Terms

These Terms of Service ("Terms") govern your use of Wednesday Waffles, a weekly video-sharing application operated by Wednesday Waffles Inc. By using our service, you agree to be bound by these Terms.

Owner:
Wednesday Waffles Inc.
3505-1328 W Pender St
Vancouver, BC V6E 4S9, Canada

Contact: admin@wednesdaywaffles.com

Note: Apple or Google may enforce these terms as third-party beneficiaries if the app was downloaded through their stores.

What the User Should Know at a Glance

The Service/this Application is provided by Wednesday Waffles Inc. at 3505-1328 W Pender St, Vancouver, BC V6E 4S9, Canada
The right to withdraw does not apply to this contract
This Application uses automatic renewal for Product subscriptions. Information about the renewal period and termination is detailed in the relevant section
Usage of this Application and the Service is age restricted: minors under the age of 13 are not permitted

Definitions

"Application" or "Service": The Wednesday Waffles mobile application and related services
"Waffle": A video message created and shared within the Application, with a maximum duration as specified by the Owner
"User": Any individual who accesses or uses the Service
"Content": Any material, including Waffles, text, images, or other data uploaded to the Service
"Digital Product": Content in digital form or service allowing creation/processing of digital data
"Consumer": User qualifying as such under applicable law
"Business User": User not qualifying as Consumer

User Requirements

To use Wednesday Waffles, users must:

Not be located in countries subject to U.S. embargoes
Not be on U.S. government prohibited or restricted party lists
Comply with Child Safety Standards

Account Registration & Requirements

To use Wednesday Waffles, you must:

Register an account with complete and truthful information
Keep your login credentials confidential
Use passwords that meet high strength standards
Be at least 13 years of age (or the minimum age in your jurisdiction)
Use only one account per person (multiple registrations are prohibited)
Not share your account with others without explicit permission
Report suspected security violations immediately

Account Conditions:

Bot-created accounts are prohibited
You remain responsible for all account activity
You can terminate your account at any time by contacting the Owner
We reserve the right to suspend or delete accounts that violate these Terms, without compensation

Content Rights & Ownership

Our Content

Wednesday Waffles Inc. retains all intellectual property rights for platform content, design, trademarks, and software. Users receive a limited license to use the Service for personal, non-commercial purposes with proper attribution.

Your Content (User-Generated Content)

You retain ownership of the content you create (your Waffles). By uploading content, you grant Wednesday Waffles Inc. a non-exclusive, fully paid-up and royalty-free license to process, analyze, adapt, modify, and use such content solely for operating and improving the Service.

Content Removal

We reserve the right to remove content that violates these Terms, infringes on others' rights, or poses risks to service availability. Content removed through App Store will result in the user being barred from using the Service.

Indemnification

Users indemnify the Owner against any claims related to their content.

Acceptable Use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.

The Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities.

Users agree NOT to:

Upload content that is illegal, harmful, or violates others' rights
Pretend to fulfill any possible condition or requirements for accessing the Application and/or using the Services
Conceal their identity or steal someone else's identity
Use the Service to harass, abuse, or harm others
Attempt to access unauthorized parts of the Service
Interfere with the proper functioning of the Service
Engage in any activity that constitutes a violation of the Child Safety Standards

Access to External Resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.

Data Storage Policies

The Owner reserves discretion regarding storage duration and may:

Remove older content after a reasonable period
Implement different policies based on subscription status
Modify storage provisions with reasonable notice to users

SMS Authentication & Communications

By providing your phone number, you consent to receive SMS messages from Wednesday Waffles for:

Account verification
Security alerts
Service notifications

Standard carrier message and data rates may apply. You may opt out of non-essential messages, but this may impact access to certain features.

Liability Limitations

The Owner's liability is excluded, limited and/or reduced to the maximum extent permitted by applicable law. This limitation does not apply to damages involving:

Life, health, or physical integrity
Material breach of contract

Dispute Resolution - Mandatory Bilateral Arbitration

ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION.

Exceptions

Small claims court actions
Injunctive relief for intellectual property protection

Arbitration Details

Administered by JAMS under the Federal Arbitration Act
Arbitration location: User's county of residence
Arbitrator cannot consolidate multiple parties' claims

Fee Structure

If user initiates: User pays $250 initial fee; Owner pays remaining JAMS fees
If Owner initiates: Owner pays all fees

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration. No class actions or class arbitrations are allowed.

Jury Trial Waiver

By agreeing to arbitration, you waive your right to a jury trial.

Opt-Out

Users can reject changes to the arbitration clause within 30 days by written notice.

Intellectual Property

All trademarks, copyrights, patents, and design rights belong exclusively to the Owner or its licensors.

Common Provisions

No Waiver

The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner's express prior written permission.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Changes to These Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions.

Governing Law & Jurisdiction

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of laws principles.

Venue & Jurisdiction: Courts of British Columbia, Canada hold exclusive competence, except for:

European Consumers
Users in UK, Switzerland, Norway, or Iceland

Child Safety Standards

Wednesday Waffles maintains strict policies for preventing child sexual abuse and exploitation. Our Child Safety Standards document outlines these policies in detail and is available at wednesdaywaffles.com/child-safety-standards.

US Users

Surviving Provisions

This Agreement shall continue in effect until it is terminated by either this Application or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

The User's grant of licenses under these Terms shall survive indefinitely;
The User's indemnification obligations shall survive for a period of five years from the date of termination;
The disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

EU Users

Withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification.

Who the Right of Withdrawal Applies To

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawal right under EU rules, to withdraw from contracts entered into online within the specified period applicable to their case, for any reason and without justification.

Exercising the Right of Withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.

Definitions and Legal References

"This Application": The property that enables the provision of the Service.
"Agreement": Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
"Business User": Any User that does not qualify as a Consumer.
"Consumer": Any User qualifying as such under applicable consumer law.
"European (or Europe)": Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
"Owner": Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.
"Product": A good or service available through this Application, such as physical goods, digital files, software, or any other product.
"Service": The service provided by this Application as described in these Terms and on this Application.
"Terms": All provisions applicable to the use of this Application and/or the Service as described in this document.
"User": Indicates any natural person or legal entity using this Application.

Questions?

For questions about these Terms of Service, contact us:

admin@wednesdaywaffles.com