Last Updated: May 24, 2025
Welcome to Waysor! These Terms of Service ("Terms") govern your access to and use of the Waysor web application and its related features (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use Waysor.
We may update these Terms from time to time. When we do, we'll post the revised version on this page and update the date at the top. We'll also notify you of any significant changes through the Service, via email, or other reasonable means. Your continued use of Waysor after changes become effective means you accept the new Terms. We recommend you review these Terms regularly to stay informed. If you disagree with any future revisions, you must stop using the Service.
Please read these Terms carefully. They contain important information about your legal rights, including sections on disclaimers and limitations of liability.
You are solely responsible for the content you upload to Waysor ("Your Content"). You agree not to use the Service to:
Waysor respects intellectual property rights. If you believe your copyrighted work has been infringed on Waysor, please send a written notification to our Copyright Agent with the following information:
If your content was removed mistakenly, you may send a counter-notification to our Copyright Agent with specific details as outlined in the Digital Millennium Copyright Act (DMCA). Waysor may, at its discretion, terminate accounts of repeat infringers.
Waysor may integrate with or provide links to third-party services, websites, or resources (e.g., Google for sign-in). Your use of these Third-Party Services is subject to their own terms and privacy policies. Waysor does not control and is not responsible for these Third-Party Services, including their accuracy, availability, or privacy practices. We provide these links for your convenience only and do not endorse them. Any interactions or transactions you have with third parties are solely between you and that third party. Waysor is not liable for any damages or losses arising from your use of or reliance on Third-Party Services.
You agree to defend, indemnify, and hold harmless Waysor, its affiliates, and their respective officers, employees, and agents (collectively, the "Waysor Parties") from any and all losses, damages, expenses (including reasonable attorneys' fees), claims, and liabilities arising from:
Waysor reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. You may not settle any claim against the Waysor Parties without our written consent.
Your use of the Waysor Service is entirely at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Waysor Parties disclaim all warranties of any kind, whether expressed, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The Waysor parties do not warrant that:
You explicitly understand and agree that the Waysor Parties will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for lost profits, including damages for loss of goodwill, use, or data, or other intangible losses (even if the Waysor Parties have been advised of the possibility of such damages). These limitations apply regardless of whether the claim is based on contract, tort, negligence, strict liability, or otherwise, and result from:
IN NO EVENT WILL THE WAYSOR PARTIES' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR THE AMOUNT YOU HAVE PAID TO WAYSOR IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICE.
PLEASE READ THIS SECTION CAREFULLY AS IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.
You and Waysor agree that any and all disputes or claims arising between us, whether related to these Terms, the Service, or any aspect of our relationship, will be resolved exclusively through final and binding arbitration, rather than in court. This "Arbitration Agreement" covers all disputes, except that you may pursue individual claims in small claims court if they qualify. This Agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies, which may seek relief on your behalf if permitted by law. By agreeing to these Terms, you and Waysor are waiving the right to a jury trial or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND WAYSOR AGREE THAT CLAIMS MAY BE BROUGHT AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND WAYSOR AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF FOR THAT PARTY'S INDIVIDUAL CLAIM(S).
Waysor is always interested in resolving disputes amicably. Most concerns can be resolved quickly by contacting our customer support at support@waysor.com. If a resolution isn't reached, a party intending to seek arbitration must first send a written Notice of Dispute ("Notice") via certified mail to the other party. Your Notice to Waysor should be sent to our registered address ("Notice Address"). The Notice must describe the nature and basis of the claim and the specific relief sought. If we don't resolve the dispute within sixty (60) calendar days after the Notice is received, either party may initiate arbitration. Any settlement offers made during this period will not be disclosed to the arbitrator until after they determine the award, if any.
Arbitration will be conducted by a neutral arbitrator following the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. Information about the AAA and its rules can be found at www.adr.org. If there's any conflict between the AAA Rules and this Arbitration Agreement, this Agreement's terms will generally control. The arbitrator must also follow these Terms of Service. All issues, including the scope and enforceability of this Arbitration Agreement, are for the arbitrator to decide. Arbitration proceedings are often simpler than court trials, but the arbitrator can award the same individual damages and relief. Arbitrator decisions are enforceable in court, subject to limited review.
Arbitration hearings will take place in a mutually convenient location, considering travel ability. If we can't agree on a location, AAA will decide. For claims of $10,000 or less, you can choose if the arbitration is conducted solely based on documents, via telephone, or an in-person hearing, as per AAA Rules. For claims over $10,000, the right to a hearing is determined by AAA Rules. The arbitrator will issue a reasoned written decision explaining their findings and conclusions.
Payment of filing, administration, and arbitrator fees ("Arbitration Fees") will follow AAA Rules. To the extent AAA Rules don't specifically allocate fees, you and Waysor will split them equally. However, if you demonstrate to the arbitrator that you are unable to pay your portion of the fees, or if the arbitrator determines it's necessary to prevent the arbitration from being cost-prohibitive, Waysor will pay your portion. Attorneys' fees will be governed by AAA Rules.
All aspects of the arbitration proceeding, including any rulings or awards, will be strictly confidential for the benefit of all parties.
If any part of this Arbitration Agreement (other than the "No Class or Representative Actions" provision) is found to be invalid or unenforceable by a court or arbitrator, the parties agree to replace that provision with a valid and enforceable one that best reflects their original intent, and the rest of this Arbitration Agreement will remain in effect. If the "No Class or Representative Actions" provision is found invalid or unenforceable, then this entire Arbitration Agreement will be null and void, unless it's only invalid for claims seeking public injunctive relief. The remainder of these Terms will continue to apply.
If Waysor makes any future changes to this Arbitration Agreement (excluding changes to the Notice Address) while you are a user, you may reject such changes by sending Waysor written notice to the Notice Address within thirty (30) calendar days of the change. By rejecting a future change, you agree to arbitrate any disputes according to the Arbitration Agreement in effect on the date you first accepted these Terms (or accepted any subsequent changes).
