Welcome to Walibaat. These
Terms of Service ("Terms") govern your use of Walibaat, whether
you are a registered or non-registered user ("User" or
"You"). It is crucial to read and understand these Terms before using
our service. By accessing and using Walibaat, you signify your agreement
to adhere to the terms outlined herein, any future amendments to these Terms,
and the user guidelines established based on these Terms. If you do not agree
with these terms, please discontinue your use of Walibaat immediately.
· Who
This Applies To
These
Terms apply to all Users of Walibaat, including both current and future
versions. In addition, Supplementary Terms may apply to Users in
certain countries, as noted at the end of this document.
· Acknowledgment
By
using Walibaat, you confirm your acceptance of these Terms. This applies to all
Users, whether registered or not.
· Modifications
We
may update or modify these Terms from time to time. Continuing to use Walibaat
after such changes indicates your acceptance of the updated Terms.
· Discontinuation
If you
do not agree with these Terms, you must immediately discontinue using Walibaat.
·
Supplementary
Terms
Additional
terms may apply to Users in specific countries. Please refer to the end of this
document for details.
CHAPTER 1. Basic Rules
1. What This Covers
These Terms set out
the rights, obligations, and responsibilities of both Walibaat and
You regarding your use of Walibaat on your personal computer or mobile device
(collectively, “Device”). This includes using the Walibaat App downloaded
from the Google Play Store or Apple App Store (“Application Stores”), or
accessing Walibaat Web.
Please note that
these Terms govern your legal relationship with the Company, while your
relationship with the Application Stores is subject to their respective terms
and conditions.
2. Updating Terms
The Company may
update or modify these Terms as necessary, in compliance with applicable laws.
·
Notification of
Changes: Users will be informed at least 7 days before the
effective date of any changes.
·
Unfavorable Changes: If
a change is unfavorable to Users, notification will be provided at
least 30 days in advance.
·
Acceptance: Continued
use of Walibaat after the effective date of a change constitutes acceptance of
the updated Terms.
·
Refunds: If applicable
law requires a refund due to such changes, you are entitled to receive it.
·
Immediate
Effect: Changes that benefit Users or are required by law may take effect
immediately.
3. Other Rules
Matters not explicitly
covered by these Terms will be governed by:
·
Applicable laws and
regulations
·
Walibaat’s Terms of Service
for individual services
·
Company operation policies
and rules
4. How We Notify You
The Company may
contact Users regarding Walibaat by:
·
Posting on the Company’s
website or apps
·
Using the contact
information provided by Users
·
Any other method reasonably
deemed appropriate
Users must update
their information if there are any changes after registration. The Company is
not responsible for any issues or disadvantages arising from outdated or
incorrect information.
1. Who
Owns Walibaat Content
Unless otherwise stated, “Walibaat Content” includes text, images, graphics,
illustrations, designs, icons, photos, and other materials provided to Users.
All rights to the Walibaat App, Walibaat Web, these Terms, Privacy Policy, User
Guidelines, and related materials (collectively, “Company Assets”) belong
solely to Walibaat.
Company Assets are protected under copyright, intellectual property, and other
applicable laws. You agree to respect the confidentiality of trade secrets and
proprietary information.
Any updates, modifications,
or new features of Company Assets remain the sole property of Walibaat and its
licensors. No rights or licenses are implied beyond what is expressly granted.
2. Your
License to Use Walibaat
Walibaat grants you a personal, non-commercial,
non-transferable license to download, install, and use the Walibaat App on your
Device for personal use only. You have no rights to the App’s source code or
Company Assets beyond this license.
If you exceed these rights, Walibaat may revoke your license. In certain cases,
notification may not be possible if prohibited by law or necessary to protect
Users, third parties, or the Company.
3.
License to Access Your Info
By using Walibaat, you grant the Company a free license to access and use your
device’s contact lists, address books, and unique identifiers (IMEI, Device ID,
etc.) according to applicable laws and the Privacy Policy, solely for providing
and improving Walibaat services.
4. Using
Your Content
When you upload video, audio, images, text, branding, or other content
(“Content”) to Walibaat, you grant Walibaat a non-exclusive, worldwide,
royalty-free, sublicensable license to use, store, reproduce, modify, and adapt
it for operating, improving, and promoting the service.
You retain ownership of your content, and it may be viewed by other registered
Users. You can delete your content individually or by deleting your account.
Walibaat may also act to prevent unauthorized use of your content by third
parties.
5. Limits
on Use
·
The Walibaat App license is
limited to personal use.
·
You may not use Company
Assets commercially.
·
You may not copy, modify, distribute,
sublicense, or create derivative works of Company Assets.
·
You may not decompile,
reverse engineer, or attempt to access source code or underlying algorithms.
·
You may not remove or alter
copyright or proprietary notices.
·
You may not circumvent any
digital rights management protections.
1.
Agreeing to Terms
Walibaat offers services to non-registered users (“Basic Service”) and to
registered users who complete sign-up and log in (“Member Service”). Details on
the types of services and how to use them are provided in these Terms, on the
Service, or via separate notices.
By accessing and using
Walibaat, you agree to follow these Terms, any future updates, and the user
guidelines based on these Terms. If you do not agree, please stop using
Walibaat immediately.
2.
Signing Up
You can register for membership following the procedures set by Walibaat.
Registration is complete once the Company accepts your application.
·
You may log in using your
phone number, and optionally link your email.
·
If your account use a phone
number without an email, logging in on different device or reinstalling the app
may result in account deletion as per Chapter 8, Article 1.
·
You must provide true and accurate information. You are
responsible for any issues or legal consequences from false information.
The Company may refuse or
restrict your registration if:
·
The name used is false or
belongs to someone else;
·
Any information is false,
incorrect, or incomplete;
·
You are under 18 years old;
or
·
Other violations of laws,
regulations, or Company rules.
If discovered after
registration, the Company may suspend your account, delete content, or update
incorrect information. Notification will be provided unless prohibited by law
or if immediate action is needed to protect Users, third parties, or Walibaat.
3. Who
Can Use Walibaat
·
Walibaat cannot be used
where prohibited by local laws.
·
The Service is for Users 18 years or older. Use by anyone
under 18 is strictly forbidden.
· By using Walibaat, you confirm that you understand these Terms and
are capable of complying with them.
1. User
Responsibilities
·
You must use Walibaat
following these Terms and the User Guidelines.
·
If you disagree with these
Terms or Guidelines, stop using Walibaat immediately.
2. What
You Cannot Do
You may not use Walibaat or Company Assets to:
·
Break laws or
court/administrative orders.
·
Violate public order,
morality, or others’ rights (including IP, privacy, or reputation).
·
Share harmful, violent,
sexual, discriminatory, or offensive content.
·
Impersonate the Company or
other Users, spread false information, or hack accounts.
·
Spam messages, add users
indiscriminately, or use Walibaat for unauthorized commercial purposes.
·
Support criminal or
anti-social organizations, commit financial crimes, or promote religious
activity.
·
Interfere with Walibaat
systems or use bots/cheats.
·
Record, screenshot, or share
content without consent (unless using built-in features compliant with laws).
·
Share your account or access
Walibaat with someone else’s account.
·
Misuse Company Assets for
commercial gain or exchange access for money/property.
Walibaat may take measures,
including restricting your account, deleting content, or suspending access if
any of these rules are violated.
3.
Stopping Unauthorized Use
The Company may use lawful measures, including technology, IP tracking, or
contacting your carrier, to prevent unauthorized or illegal use.
4.
Protecting Your Info
The Company follows laws to protect your personal information.
5. Your
Feedback
Any feedback you provide to Walibaat becomes the Company’s property. The
Company may use it freely, without compensation or obligation to treat it as
confidential. You acknowledge that submitting feedback does not grant you any
rights to Walibaat or the App.
6.
Transfer of Rights
·
Your account and rights are
personal and cannot be transferred.
· The Company may transfer its rights and obligations, including
user data, to a third party or affiliate, e.g., in a business sale or ownership
change. You agree to such transfer.
1. User
Responsibility
·
You are responsible for your
use of Walibaat, including keeping your account and password secure.
·
The Company may monitor
content for legal compliance and user safety.
2.
Service Changes & Advertisements
·
Walibaat may be updated,
modified, or temporarily suspended for maintenance, security, or legal
compliance.
·
Personalized services and
advertisements may be provided to enhance your experience.
3. Paid
Services & Virtual Goods
·
Walibaat offers
subscriptions, Gems, and Items, which are subject to Company rules, pricing,
and payment platform policies.
·
You are responsible for all
purchases and related payments.
·
Refunds and usage rights
follow applicable law and the policies of the payment provider.
4. Minors
·
Users under 18 (or legal age
in your jurisdiction) require parental or guardian consent to purchase
Products.
1. Using
Others’ Bandwidth and Devices
·
If your Walibaat use relies
on bandwidth controlled by a third party, you must get their permission. The
Company is not responsible for any issues caused by this.
·
You must have legal control
over the device you use to access Walibaat or install the Walibaat App. If you
transfer, sell, or lose control of the device, you must delete the App and
personal information. Any issues from not doing so are your responsibility.
2.
Third-Party Software
·
These Terms also cover any
third-party software or technology built into Walibaat.
3.
Emergency Calls Not Supported
·
Walibaat is not a
traditional telecom service and cannot be used to contact emergency services
like hospitals or law enforcement. It does not replace your primary phone
service.
4.
Third-Party Charges
·
Sending messages to
non-Walibaat users via your device’s SMS service may incur extra fees from your
service provider.
5.
External Websites, Products, and Services
·
Walibaat may include links
or references to third-party websites or services (“Reference Sites”) for your
convenience. The Company is not responsible for their content, legality, or
reliability. Use these sites at your own risk.
·
Any interactions or
transactions with advertisers or other parties via Reference Sites are strictly
between you and the third party.
1.
Termination by You
·
You may terminate your
Walibaat account at any time via Settings > About Walibaat
> Delete Account.
·
If you have an active subscription,
you must cancel it before deleting your account. Any liabilities arising from
failure to do so are your responsibility.
·
On iOS, if your account was
created with a phone number but no linked email, logging in from another device
or reinstalling the app will be treated as account termination.
2.
Restriction or Termination by the Company
·
The Company may restrict or
suspend your account, temporarily or permanently, if it reasonably determines
that:
o
You have violated any
prohibited acts under Chapter 4;
o
Any purchase of products has
been cancelled under Chapter 5;
o
You are under investigation
related to Walibaat use;
o
An unauthorized person uses
your account; or
o
You engage in immoral or
socially inappropriate behavior.
·
The Company will notify you
of any restrictions or suspension unless notification is prohibited by law or
could harm users, third parties, or the Company.
3.
Inactive Accounts
·
Accounts that remain
inactive for a period specified by law, these Terms, or Company policies may be
deleted. If notification is not possible (e.g., no valid email on file),
deletion may occur without notice.
4.
Content Removal
·
You or your authorized
representative may request the removal of content that infringes on your rights
(privacy, reputation, etc.) by providing proof.
·
If the Company cannot
determine whether content violates rights, temporary measures may be applied
for up to 30 days.
·
During this period, the
content uploader may file a complaint to restore the content.
·
The Company may also take
temporary measures on its own if content violates rights or privacy, following
the same procedures.
1.
Indemnification
·
You agree to indemnify,
defend, and hold harmless the Company, its affiliates, officers, employees,
contractors, and partners (collectively, the “Company Parties”) from any
claims, damages, or expenses (including reasonable attorney fees) arising from:
1. Your violation of these Terms or applicable laws;
2. Violation of third-party rights;
3. Unauthorized use of Walibaat or Company assets;
4. Disputes with other users; or
5. Taxes or fees related to your purchases in Walibaat.
·
The Company Parties may
assume exclusive control of any claim at your expense. You may not settle any
claim affecting the Company Parties without prior written consent.
2.
Warranty Disclaimer
·
Walibaat is provided “AS IS” and “AS AVAILABLE”. The Company disclaims all
warranties, express or implied, including but not limited to:
o
Merchantability, fitness for
a particular purpose, accuracy, non-infringement, and reliability.
·
The Company does not
guarantee that Walibaat or the Walibaat App is free from defects, errors,
interruptions, viruses, or other harmful components.
3.
Limitation of Liability
·
Except for damages caused by
the Company’s intentional misconduct or gross negligence, the Company is not
liable for:
o
Any direct, indirect,
incidental, consequential, or punitive damages;
o
Loss of revenue, profits,
business, or data;
o
Damages caused by other
users or third parties, including illegal access, transmission errors,
malicious programs, or defamation.
·
If liability arises for
products purchased due to Company’s gross negligence, it is limited to the
purchase price of the product, verified by evidence provided by you.
4. Basis
of Agreement
·
You acknowledge that the
Company’s provision of Walibaat and its pricing rely on the disclaimers and
limitations of liability stated in this chapter.
5. Waiver
·
The Company’s failure to
enforce any provision of these Terms does not constitute a waiver. Any waiver
is effective only if written and signed by the Company.
1. Entire
Agreement
·
These Terms constitute the
complete agreement between You and the Company regarding Walibaat.
·
If any provision is found
unenforceable, it will be modified only to the extent necessary, without
affecting the remaining provisions, which will remain in full force.
2.
Headings
·
Section headings are for
convenience only and do not affect the interpretation or scope of the Terms.
3.
Injunctive Relief
·
You acknowledge that
violations of these Terms may cause irreparable harm to the Company.
·
The Company may seek
injunctive or equitable relief without posting a bond or surety in case of
breach or anticipated breach.
4.
Interpretation
·
These Terms are originally
drafted in Korean. In case of any discrepancy between the Korean and English
versions, the Korean version prevails.
5.
Governing Law and Jurisdiction
·
These Terms are governed by
the laws of the Republic of Korea.
·
You consent to the exclusive
jurisdiction of the Seoul Central District Court for disputes related to these
Terms.
·
If the laws of Your country
of residence provide otherwise regarding interpretation or jurisdiction, those
laws shall apply.
6.
Contact Information
·
For technical support or
inquiries regarding Walibaat, please contact: filuuynholme@gmail.com
1.
Prohibited Content
You may not post or share Content that:
·
Contains nudity, excessive
violence, offensive material, or links to adult websites.
·
Is false, misleading, or
promotes illegal, abusive, threatening, obscene, defamatory, or libelous
activities.
·
Infringes any copyright,
trademark, contract, privacy, publicity, or other rights of others.
·
Includes photos or videos of
another person without their consent.
·
Constitutes any other
content deemed objectionable by the Company.
2.
Responsibility for Posted Content
·
Walibaat reserves the right
to reject, remove, or refuse to post any Content at its discretion, including
Content that may be offensive, illegal, or infringing the rights of others.
·
Once posted, You are solely
responsible for the Content You share, including any information or material
transmitted to other Users and interactions with them.
3.
Prohibited Activities
·
Engaging in criminal or
tortious acts.
·
Impersonating or attempting
to impersonate other Users, persons, or entities.
SUPPLEMENTARY TERMS
These supplementary terms
(“Supplementary Terms”) apply to users residing in or having nationality of the
European Economic Area (EEA), the United Kingdom, or Switzerland. In case of
any conflict between these Supplementary Terms and the main Terms, these
Supplementary Terms shall prevail. Habitual residence is understood as the
place where the User has the center of life.
For these users, the
Preamble of the Terms is replaced as follows:
These Terms apply to all Users (“You”) using the video communication service
Walibaat, owned and operated by Walibaat LLC (“Company”, “We”). Please read
carefully before using the service. Supplementary Terms may apply to Users in
certain countries in addition to the main Terms.
The Company may update the
Terms and Supplementary Terms if allowed by applicable law and if changes are
reasonable for Users.
·
Users will be notified of
updates, their details, and reasons.
·
Users who do not object
within six (6) weeks will be deemed to accept the changes.
·
Users may object; in this
case, the Company may delete the account and associated data.
·
Explicit consent from Users
may also amend the Terms.
By uploading content
(videos, audio, photos, text, branding, software, or other materials,
collectively “Content”) to Walibaat, Users grant the Company and affiliates a non-exclusive, worldwide, royalty-free license to use, store, reproduce, display,
modify, adapt, and create derivative works for the purpose of providing the
service.
·
Users may revoke this
license by deleting the Content or their account.
·
The Company may act against
infringement by other users or third parties on your behalf.
Users agree that any
feedback submitted to the Company may be used exclusively and globally without compensation. Feedback is not
confidential, and Users have no rights in Walibaat or the app based on
submitted feedback.
If the service contract is
transferred to a third party, the User will be notified at least four (4) weeks in advance and may terminate the
contract effective on the transfer date.
The Company may contact
Users with news or special offers via email or push notifications. Users may
opt out by disabling their account or notifications.
The Company may monitor or
review User content, including video chat screens, via automated or manual
methods to detect violations of law or these Terms, including rights of the
Company, other Users, or third parties.
The Company may reasonably
change subscription service content to improve security, performance, features,
or compliance with law.
·
Users will be notified of
changes and their right to object within six (6) weeks.
·
If no objection is made,
changes are deemed accepted.
·
Users may also consent
explicitly to changes.
·
Penalties for canceling
subscriptions after the period starts do not apply.
·
Mandatory consumer rights,
including revocation rights, are preserved.
·
Minors are defined as users
under 18 years old.
These Supplementary Terms do
not waive any statutory rights of Users.
·
Unlimited liability applies
only for intentional or grossly
negligent acts by
the Company or its representatives.
·
Ordinary negligence
liability is limited to:
o
Injury to life, body, or
health (no limit)
o
Breach of material
contractual duties, limited to foreseeable losses typical for this contract
type.
·
Liability limits also apply
to directors, employees, or agents of the Company.
·
Liability exclusions do not
affect mandatory legal obligations under local law (e.g., German Product
Liability Act).
These Terms and
Supplementary Terms together form the complete agreement. Invalid or
unenforceable provisions do not affect the rest of the Terms.
Chapter 10, Article 4 of the
main Terms does not apply to Users in EEA, UK, or Switzerland.
Consumers (natural persons
acting outside commercial purposes) may exercise withdrawal rights for
purchases of Products within Walibaat in accordance with applicable law.
WITHDRAWAL
AND SUPPLEMENTAL TERMS
You may withdraw from a
contract within 14 days without giving any reason. The
withdrawal period begins on the day the contract is concluded.
To exercise this right,
inform us clearly via email: filuuynholme@gmail.com. You may use
the sample withdrawal form below, but it is not required. To meet the deadline,
sending your notice before the period expires is sufficient.
Upon withdrawal, we will refund all payments, including delivery
costs (except extra costs for non-standard delivery), within 14 days of
receiving your notice. Refunds will be made via the same payment method unless
otherwise agreed.
Exception
for Digital Content: The right to withdraw ends
if:
·
You
consent to begin the digital service before the withdrawal period ends, and
·
You
acknowledge that starting the service will cause you to lose the right of
withdrawal.
·
Contract
Changes: The Company may modify Terms with 7 days notice, or 30 days if
the change is unfavorable. Refunds apply if required by law.
·
Minors: Users under 20 (18 from April 1, 2022) require parental/legal
consent. Purchases without consent may be cancelled unless allowed by law or
with parental permission.
·
Antisocial
Forces: Users linked to criminal or antisocial groups are prohibited.
·
Severability: Invalid provisions under Japanese law do not affect the rest of
the Terms.
·
Users must be 18 or older. Underage users need
parental/legal consent.
·
Minors cannot purchase
Products without consent.
·
Nothing in these Terms
limits liability that cannot be restricted under law.
·
Governing
Law: New York law applies, including arbitration provisions.
·
Eligibility: Users under 18 must have parent/guardian consent. Business
accounts must be authorized.
·
Content
& Licenses:
o
Users grant a perpetual, worldwide, royalty-free license for any Content uploaded to Walibaat.
o
Users may only use other
Users’ information consistent with Walibaat’s purposes.
o
Location-based services may
be restricted if location access is disabled.
·
Products
& Subscriptions:
o
Access or features may
change; advance notice will be given.
o
If subscription value is
materially reduced, users may cancel without liability before the change.
o
Certain Products are non-refundable (e.g., used, stolen, older than 5
years, or terminated accounts).
o
Early subscription
cancellation may incur a termination fee up to 10% of remaining charges, plus
applicable fees.
·
Third-Party
Disputes: Users are responsible for disputes with third parties; the Company
is not liable.
·
Feedback: Users assign all rights in feedback to the Company.
·
Content
Removal & Account Termination:
o
The Company may remove
Content or suspend accounts for legal or policy violations.
o
Walibaat is not a storage service; deactivated accounts
cannot be restored.
o
Content may still be
preserved if required by law or to protect rights and safety.
·
Copyright:
o
The Company respects
intellectual property and may block access or remove infringing Content.
o
DMCA notices can be sent to filuuynholme@gmail.com, including
required information.
Disputes are handled
according to the applicable law of the user’s jurisdiction, including any
arbitration or consumer protection rules as specified in these Terms.
This section supplements the
Terms for Users located in India.
1.
Chapter 4, Article 2 – Additional Prohibited Conduct
The following items are
added to Chapter 4, Article 2:
·
Physical, psychological, or
sexual abuse of children.
·
Any acts that threaten the
unity, integrity, defense, security, or sovereignty of India, endanger public
order, harm friendly relations with other countries, incite the commission of
any cognizable offense, obstruct the investigation of any offense, or insult
any nation.
2.
Chapter 8 – Article 3: Removal of Content
The following article is added:
·
The Company may delete or
block access to any content, in whole or in part, that violates Chapter 4, Article 2 of these Terms.
·
The Company may also remove
or restrict access to content that violates any applicable Indian law, upon
order from a court or notification from the relevant government authority.
·
The Company may retain such
content and related records for at least 180 days or longer if required by law for
investigation purposes for users in India.
·
If content is deleted or
blocked by the Company on its own initiative, the User will be notified of the
action taken and the reason for it. Users may appeal the decision and request
reinstatement of access to their content.