WhatDays
Terms and Conditions
This Terms and Conditions has been updated on May 03, 2023
These Terms and Conditions constitute a binding legal agreement between You and KrysWay LLC (Legal address: 3013, Little Mill, The Colony, Texas, taxpayer identification number: 75056-6605, registration number: 0804086422).
By using our software, applications, tools, offline components, and features (hereinafter — the “Services”), provided by “WhatDays” (hereinafter — “We”, or “Us”) on any computer device, laptop, mobile phone, tablet or another device (hereinafter - “Device”), you as a user (hereinafter — “You”, “User”) of the Website https://whatdays.com (hereinafter — “Website”) or Application, confirm that You have read, understand and agree to be bound by these Terms and Conditions (“Terms and Conditions”), Privacy Policy, Cookie Policy, and by any other applicable law.
In order to create Your Personal account You confirm your agreement with these Terms and Conditions by checking the box when registering in our Application “WhatDays”.
1.GENERAL INFORMATION
1.1. These Terms and Conditions contained herein on this webpage shall govern your use of the Website and the Application “WhatDays”.
1.2. You must not use our Services if you have any objection to any of these Terms and Conditions.
1.3. We may update these Terms and Conditions at any time. If we do so, we will announce the change on our website by changing the effective date. Any changes will be binding on you from the moment we announce them.
1.4. Our Privacy Policy and our Cookies Policy[1] are an integral part of these Terms and Conditions. We recommend you to read this information carefully and periodically check its content for any updates.
2.TERMS AND DEFINITIONS
The following terms shall have the following meaning:
2.1. “Website” – our web page that shares a single domain name.
2.2. “Application” – an application that is available to the public for download from marketplaces (App Store, Play Market) or desktop version available for download from other sources.
2.3. “Application Store” — platforms for downloading the Applications (App Store, Play Market etc.).
2.4. “User” – any person or entity having an account allowing access to our Services.
2.5. “Software” – means the software of the used Application or Website as made available on a software as a Service basis and all Software enhancements that are made available from time to time.
2.6. “Subscription Fee” – fee that you pay to use our certain Services.
3.SCOPE OF SERVICES
3.1. We provide Services that allow Users in the Application monitoring holidays, exchanging congratulatory messages, creating reminders, creating horoscopes, toasts for holidays, jokes and so on, not limited to this list.
3.2. You may not use Our Services for any unlawful purpose nor may You violate any applicable law (including, but not limited to copyright laws).
3.3. Availability of certain services available in the Application is dependent on the Subscription plan chosen and paid by the User. Detailed information on Subscription type is available in Our Application.
4.SCOPE OF LICENSE
4.1. We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use Services on your Devices and/or access or use any content that may be available through our Services.
4.2. For the avoidance of doubt, these Terms and Conditions do not convey or solve any right or interest of WhatDays, other than the limited license expressly granted above. Nothing in these Terms and Conditions constitutes an assignment or waiver of our intellectual property rights under any law or jurisdiction.
4.3. This license does not allow You to use the Services on any device that You do not rightfully control. You may not rent, lease, lend, sell, redistribute or sublicense the “WhatDays”. Any attempt to do so is a violation of Our rights as a Licensor. If You breach this restriction, You may be subject to prosecution and damages.
5.WARNING NOTIFICATION
5.1. Information provided through Our Service is for informational and entertainment purposes only. The service is not intended to be a substitute for any professional advice, including but not limited to (a) professional medical or psychiatric advice, diagnosis, or treatment, or (b) professional financial or investment advice or guidance, or (c) professional legal advice. never disregard or delay seeking professional medical advice or other professional advice. Your reliance on the information provided by the Service is solely at Your own election or choice. Any and all decisions that You make that are based in whole or in part upon information provided by the service will be Your sole and exclusive responsibility.
6.INTELLECTUAL PROPERTY
6.1. All intellectual property on the Services which include materials protected by copyright, trademark, or patent laws, is either owned or licensed to Us. All trademarks, service marks, and trade names are owned, registered, and/or licensed by Us. All content that We invented and created by Ourselves (except for Personal Data), including but not limited to, any artwork, graphics, images, website templates and widgets, literary work including Users feedback reviews and comments, source and object code, computer code, applications, audio, music, video and other media, designs, animations, interfaces, the trade dress of our Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, (collectively the “Content”) and any derivations thereof is Our intellectual property. All rights reserved.
6.2. No licenses or rights are granted to You by implication or otherwise, under any intellectual property right controlled or owned by Us or the respective owners (licensors) of any such associated intellectual property, except for the permissions and rights expressly granted in these Terms and Conditions.
7.RULES OF USER CONDUCT
7.1. When using Services, the User agrees not to carry out any conduct that could damage the image, interests, or rights of WhatDays or third parties, nor actions that could damage or render the Service unusable, or that in any other way could prevent the normal operation of the Service. Specifically, the User agrees to:
7.1.1. Make diligent, correct, and lawful use of the Service, respecting the current legislation and, in particular, that relating to intellectual and industrial property.
7.1.2. Periodically review these Terms and Conditions, checking the changes that, where appropriate, “WhatDays” had implemented.
7.1.3. Review the consented communications that, where appropriate, “WhatDays” could send with information about these Terms and Conditions.
7.1.4. Not to use the Service for commercial purposes; for example, collecting information or content to provide other services that may be a competition to “WhatDays”.
7.1.5. Do not modify or try to modify the Service, or take actions aimed at copying or simulating its appearance or functions.
7.1.6. Not to carry out actions that involve the introduction of computer viruses, worms, Trojans, or any other kind of malicious code intended to interrupt, destroy or limit the operation of the Service.
7.1.7. Do not use reverse engineering techniques and/or decipher, decompile or use any other system intended to know the source code of the Service or any element protected by intellectual property regulations.
7.2. Any activity that violates laws for information protection (e.g., hacking, phishing, spamming, etc) is prohibited.
7.3. “WhatDays” user accounts are provided solely for use by the person for whom they were created.
7.4. The posting of materials or information that are illegal, such as obscene materials, unacceptable content on this site, is prohibited. Users will be responsible for any information posted and published on Our Services by them or by anyone using their access rights that violates these Terms and Conditions.
7.5. Any fraudulent activity, including illegal use of someone else's account to access "WhatDays", for personal gain or concern, is prohibited.
7.6. Users cannot use Our Services to violate the security of any User of the system or to gain access to someone else's (internal or external) computer, software or data.
7.7. Any attempts to disrupt or prohibit the operation of Our Services are strictly prohibited.
7.8. Respect legitimate intellectual property rights, do not plagiarize work, and give credit to the originators of ideas.
8.CREATING A PERSONAL ACCOUNT AND LOGIN. DELETING AN ACCOUNT
8.1. There are no age restrictions in our Application, however, if your jurisdiction establishes otherwise (there are age restrictions), then you must adhere to these boundaries.
8.2. In order to access and use our Services, You must first register and create a Personal account via Our Application.
8.3. You need to have a working telephone number for the Personal account. You are responsible for maintaining the confidentiality of Your telephone number credentials.
8.4. To register, you need to enter your phone number in a special section. Next, in order for your Personal account to be activated, you need to confirm the SMS code that will come to your phone number entered earlier.
8.5. User authentication takes place by sending him an SMS to the Device.
8.6. If the User has logged out of the Application, the login is also carried out by phone number.
8.7. A User can delete a Personal account at any time.
8.8. These Terms and Conditions survive the termination of a Personal account.
8.9. We will delete all Your Personal account information, except for the minimum that is needed for complying with and the fulfillment of the accounting obligation to tax authorities as set by applicable laws.
8.10. Please be advised that upon deleting a Personal account, data created within Your Personal account will be not recoverable thereafter even if You, later on, decide to re-subscribe – You have to sign up again and start all over.
8.11. Deleting the Application does not cancel Your subscriptions.
8.12. In order to delete Your Personal Account, You must use this service in the settings section of Your Personal account and confirm your acceptance of the rule that the data will be deleted within 30 days.
8.13. Please note that if You decide to delete Your Personal account, Your money for the subscription to Our Services is not refundable.
9.SUBSCRIPTION PLANS
9.1. After You install the Application and create a Personal account to use it, You can choose the appropriate subscription plan. A subscription plan can also be selected during the use of Our Services. The cost and features of each subscription plan are described in Our Application (App Store, Google Play).
9.2. Depending on a Service We may offer You a 1-month plan, 6-month plan and 1-year plan Subscriptions (hereinafter referred to as “Subscriptions”) or another time-based Subscription as presented in any Subscription offer You may see in the Application.
9.3. In order to purchase the subscription via the Application, payment will be charged to Your credit/debit card through Your Application Store after You choose one of Our Subscriptions and confirm Your purchase.
9.4. Our Subscriptions have different minimum contract terms. All Subscriptions will be automatically renewed for the time period of the selected minimum contract term until either You or We terminate the Subscription. You may however opt out of the automatic renewal of Your subscription at any time by choosing the appropriate settings in the account with Your app store or settings in Your Device.
9.5. You alone can manage Your Subscription. Learn more about managing subscriptions (and how to cancel them) on the Apple Store or Google Play support page.
9.6. We may from time to time make changes to Our subscription options, including recurring subscription fees and will communicate any price changes to You in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use Our subscription after the price change takes effect, You will have accepted the new price. If You don’t agree to a price change, You can reject the change by unsubscribing from the applicable subscription no later than 24 hours before the end of the subscription term.
10.FEES AND PAYMENTS
10.1. The Application is free to download. However, certain features of the Service are offered on a subscription basis for a fee.
10.2. To the maximum extent permitted by applicable laws, We may change subscription fees at any time. We will give You reasonable notice of any such pricing changes by posting the new prices in Our Services. If You do not wish to pay the new fees, You can cancel the applicable subscription prior to the change going into effect.
10.3. By signing up for certain subscriptions, You agree that Your subscription may be automatically renewed. Unless You cancel Your subscription, You authorize Us to charge You for the renewal term. The period of auto-renewal will be the same as Your initial subscription period unless otherwise disclosed to You on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless We notify You of a rate change prior to Your auto-renewal. You may cancel Your subscription in accordance with the cancellation procedures disclosed to You via Application Store. We will not refund fees that may have accrued to Your Personal account and will not prorate fees for a canceled subscription.
10.4. The Service and Your rights to use it expire at the end of the paid period of Your subscription. If You do not pay the fees or charges due, We may make reasonable efforts to notify You and resolve the issue; however, We reserve the right to disable or terminate Your access to the Service (and may do so without notice).
11.PRIVACY
11.1. To use Our Services, You may be asked to provide certain Personal Data. All the matters regarding Your Personal Data are governed by Our Privacy Policy and You give Your Consent to the collection of such information by using the Services; therefore, We recommend You, and You should ensure that You have read the Privacy Policy provisions carefully.
12.ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
12.1. We are not responsible if information made available on Our Services is not accurate, complete or current. Any reliance on the material on Our Services is at Your own risk.
12.2. We reserve the right to modify the contents of Our Services at any time, but We have no obligation to update any information on Our Services. You agree that it is Your responsibility to monitor changes to Our Services. We do Our best to publish any new information about the Website and Services by the Website.
12.3. We may at all times and without prior notice make functional, procedural or technical changes or improvements to the Services. We may, but in no circumstances are obliged to, adjust, add or remove any specific functionality.
13.LINKS
13.1. By using Our Services You are able to follow different links to websites, applications or other products or services operated by other companies (“Third-Party Services”). We do not endorse, monitor, or have any control over these Third-Party Services, which have separate Terms of Use (Conditions) and Privacy policies. We are not responsible for the content or policies of Third-Party Services and You access such Third-Party Services at Your own risk.
14.PUSH-NOTIFICATIONS
14.1. As a part of installing the Application on the User's Device, the Application will request consent to send a “Push Notifications”, which can include alerts, icons, banners and sounds on the end user's mobile Device. If the User decides to allow Push Notifications, the Application will generate Push Notifications on the Device.
14.2. The User can choose to receive messages by email (“Email Notifications”). After that, the User will receive notifications via email.
14.3. The User can opt-out of receiving notifications at any time in the settings of the Application or the operating system of the Device itself.
15.MODIFICATIONS TO THE SERVICES AND SERVICE OUTAGE
15.1. We may from time to time limit access to Our Website, Services and/or Application due to maintenance and updates at Our discretion.
15.2. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Website, Service, Application or content.
15.3. We are not responsible for a service outage caused by a User’s third-party data centers or internet service providers’ (ISP) or a User’s preferred particular ISP’s servers, routers, networks, etc failures or connectivity problems caused thereof.
15.4. You acknowledge that temporary interruptions in the availability of the Services may occur from time to time as normal events.
16.COMMENTS AND FEEDBACK
16.1. You may provide us either directly at [email protected] or via marketplaces (App Store, Play Market) with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, comments and other matters related to our Service.
17.ELIGIBILITY
17.1. You are not authorized to create a Personal account with KrysWays or access or use Services through the Application unless all of the following are true:
17.1.1. You use Our Application and Services at Your sole option, discretion and risk;
17.1.2. You are solely responsible for any applicable taxes or other legal liabilities which may be payable or arise while using Our Services;
17.1.3. You are of legal age, according to Your relevant jurisdiction;
17.1.4. You agree to pay the fees for Our Services. We may change fees from time to time;
17.1.5. You will comply with this Terms and Conditions and all applicable local, state, national and international laws, rules, and regulations;
17.1.6. You can use Our Application if it is permitted under the laws of Your jurisdiction (Country of permanent residence);
18.DISCLAIMER
18.1. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.YOUR USE OF ANY ASPECT OF THE SERVICES IS AT YOUR OWN RISK. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY IN RESPECT OF ANY ACTIVITIES THAT YOU MAY UNDERTAKE THROUGH USING THE SERVICES.
18.2. THE SERVICES MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES, AND WE MAKE NO REPRESENTATION THAT THE FUNCTIONALITY OF THE SERVICES WOULD BE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION.
18.3. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
18.4. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
18.5. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERRORS; (II) SERVER FAILURE OR DATA LOSS; (III) UNAUTHORIZED ACCESS TO THE SERVICES; OR (IV) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES.
19.LIMITATION OF LIABILITY
19.1. To the maximum extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall We, Our affiliates or any of Our or their employees, directors, officers, agents, vendors or suppliers be liable to You or to any third party for any personal injury, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Services including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer or device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages.
19.2. We hereby disclaim any and all liability to You or any third party relating to Your use of the Website, Service and Application.
20.INDEMNITY
20.1. You agree to defend, indemnify, and hold Us harmless including Our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of Our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to:
a) the breach of these Terms and Conditions by You or anyone using Your Device, password or login information;
b) any claim, loss or damage experienced from Your use or attempted use of (or inability to use) the Website or Application;
c) Your violation of any law or regulation;
d) any other matter for which You are responsible under these Terms and Conditions or under law. You agree that Your use of the Services shall be in compliance with all applicable laws, regulations, and guidelines.
20.2. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Services and all negotiations for settlement or compromise. You agree to fully cooperate with Us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by Us.
21.TERMINATION
21.1. These Terms and Conditions are effective until terminated by either You or Us. You may terminate these Terms and Conditions at any time, provided that You discontinue any further use of the Services. If You violate these Terms and Conditions, Our permission to You to use the Website automatically terminates.
21.2. We, however, may, in Our sole discretion, terminate these Terms and Conditions and Your access to Services, at any time and for any reason, without penalty or liability to You or any third party. In the event of Your breach of these Terms and Conditions, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to Us. Upon any termination of the Terms and Conditions by either You or Us, You must promptly uninstall the Software on all of Your Devices and destroy all materials downloaded or otherwise obtained from the Software, all documentation, and all copies of such materials and documentation. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Intellectual Property, Disclaimer, Limitation of Liability, Indemnity, Choice of Law and Dispute Resolution and Severability.
22.CHOICE OF LAW AND DISPUTE RESOLUTION
22.1. These Terms and Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of the State of Texas (United States of America), excluding conflict of law provisions. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be finally settled by courts of the State of Texas.
23.SEVERABILITY
23.1. If any of the provisions of these Terms and Conditions are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
24.ASSIGNABILITY
24.1. You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Our prior written and explicit consent.
24.2. You agree that Our Terms and Conditions, Privacy Policy are between You and Us, in general, may be assigned by Us, in Our sole discretion to any third party.
25.CONTACT US
23.1. Notices relating to these Terms and Conditions may be sent to You by email.
Please submit any notices to Us relating to these Terms and Conditions via email to [email protected].