These terms are the agreement between you and Wendkom, LLC for your
use of iShalom and wendkom.com. They are written to be read, so
please read them — particularly clauses 12 and 13, which limit what
we are responsible for.
The agreement
By creating an account, or by using iShalom or wendkom.com, you
agree to these terms. If you do not agree, do not use the service.
"We", "us" and "Wendkom" mean Wendkom, LLC, a Washington limited
liability company, UBI 606 295 898, of 522 W Riverside Ave #10688,
Spokane, WA 99201, United States. "You" means the person using the
service. "iShalom" means our messaging and calling application on
all platforms.
Our Privacy Policy forms part of this
agreement and explains how we handle your information.
What we provide
iShalom lets you exchange messages, make voice and video calls, and
send attachments, on phones and in a web browser. We provide it on
a reasonable-efforts basis. We do not guarantee that it will be
available without interruption, that messages will always be
delivered, or that a call will always connect.
iShalom is not an emergency service. It cannot be
used to contact emergency services, and it will not work without a
working internet connection. Always keep another way to call for
help.
Who may use it
You must be at least 13 years old to use iShalom. If you are in
the European Economic Area or the United Kingdom, you must be at
least 16. Where the law where you live sets a higher minimum age
than either of those for using a service like this without a
parent's permission, that higher age applies to you. By using
iShalom you confirm that you meet whichever applies to you.
You may not use iShalom if you are barred from doing so under the
sanctions or export-control laws that apply to us, or if we have
previously terminated your account.
If you use iShalom on behalf of an organisation, you confirm you
are authorised to bind that organisation to these terms.
Your account
Give us accurate information when you register, and keep it
current. Keep your password to yourself; you are responsible for
what happens under your account. Tell us promptly at
support@wendkom.com if you
think someone else has got into it.
You can close your account at any time from inside the app. What
happens to your data when you do is set out in the
Privacy Policy.
Acceptable use
Do not use iShalom to:
- break the law, or help anyone else to;
- harass, threaten, stalk, defame or impersonate anyone;
- send unsolicited bulk messages, chain messages or spam;
- share material that sexually exploits or endangers a child — we report this to the authorities without exception;
- share malware, phishing links, or anything designed to damage a device or deceive someone into giving up credentials;
- infringe someone else's copyright, trademark, privacy or other rights;
- probe, scan, overload or attempt to gain unauthorised access to the service or to another person's account;
- scrape, crawl or extract data from the service by automated means, or build a competing service from it;
- reverse engineer, decompile or circumvent any security or rate-limiting measure, except to the extent the law expressly permits it.
Our right to suspend or terminate exists
to enforce this clause, and we use it.
Your content
Your messages, photos, files and other content remain yours. We
claim no ownership of them.
You give us a limited licence to host, store, transmit, reproduce
and display your content solely so that we can operate the service
and deliver it to the people you send it to — including making
technical copies, adjusting formats, and generating thumbnails. The
licence lasts only as long as we hold the content, and ends when
you delete it or close your account, subject to backup rotation.
We will not use your content to advertise to you or to train any
model.
You are responsible for what you send, and you confirm you have the
rights to send it.
Moderation
We may remove content or restrict an account where we believe
clause 5 has been broken, or where the law requires it. We are not
obliged to monitor content, and where a message is end-to-end
encrypted we cannot read it — so moderation depends substantially
on reports from people using the service.
Copyright complaints
If you believe content on iShalom infringes your copyright, send a
notice with the detail required by 17 U.S.C. § 512(c)(3) to
legal@wendkom.com. We
respond to valid notices and counter-notices, and we may terminate
accounts that repeatedly infringe.
No money transmission
iShalom does not transmit money, hold funds, or provide any
payment, remittance or money-transfer service. If that ever
changes, it will be under separate terms presented to you before
you use such a feature.
Fees
iShalom is currently free to use. If we introduce paid features we
will tell you the price and the terms before you are charged, and
you will not be charged for anything you have not agreed to. Your
mobile carrier may charge you for data; that is between you and
them.
Our intellectual property
The service, its software, design and the names "Wendkom" and
"iShalom", together with our logos, are owned by Wendkom, LLC and
protected by intellectual property law. These terms give you a
personal, revocable, non-exclusive, non-transferable licence to use
iShalom as it is intended to be used. They give you no right to our
trademarks, and no right to copy, modify or redistribute the
software.
Feedback is welcome, and if you send us a suggestion we may act on
it freely and without obligation to you.
App stores and third parties
If you obtained iShalom from the Apple App Store or Google Play,
your use is also subject to that store's terms. Apple and Google
are not parties to this agreement, have no obligation to provide
support for iShalom, and are not responsible for it. Where Apple's
rules require it, Apple and its subsidiaries are third-party
beneficiaries of this agreement and may enforce it against you.
The service relies on networks, operating systems and push
notification services we do not control. We are not responsible for
their failures.
Suspension and termination
You may stop using iShalom and delete your account at any time.
We may suspend or terminate your access, with notice where it is
practical to give it, if you break these terms, if your use puts
the service or other people at risk, or if we are required to by
law. Where the breach is serious — in particular anything in clause
5 involving a child, or a credible threat to someone — we may act
immediately and without notice.
We may also discontinue iShalom entirely. If we do, we will give
reasonable notice and a means of exporting your data where we can.
Clauses 6, 9, 12, 13, 14, 16 and 17 survive termination.
No warranties
The service is provided "as is" and "as available". To the fullest
extent the law allows, we disclaim all warranties, express or
implied, including any implied warranty of merchantability, fitness
for a particular purpose, and non-infringement. We do not warrant
that the service will be uninterrupted, secure or error-free, that
messages or calls will be delivered or connected, or that any data
will be preserved.
Some places do not allow these exclusions. Where that is so, this
clause applies only as far as the law permits, and nothing here
limits rights you have as a consumer that cannot be limited.
Limitation of liability
To the fullest extent the law allows, Wendkom, LLC and the people
who work for it will not be liable for any indirect, incidental,
special, consequential or punitive loss, nor for lost profits,
lost revenue, lost data, or loss of goodwill, arising out of your
use of the service — whether in contract, tort or otherwise, and
whether or not we were warned the loss was possible.
Our total liability for all claims relating to the service is
limited to the greater of the amount you paid us in the twelve
months before the claim arose, or one hundred United States
dollars ($100).
Nothing in this clause excludes liability for death or personal
injury caused by negligence, for fraud or fraudulent
misrepresentation, or for anything else that cannot lawfully be
excluded.
Indemnity
If a third party brings a claim against us because of something you
did on iShalom — content you sent, rights you infringed, or a
breach of these terms — you agree to defend and indemnify us
against that claim and the reasonable costs of dealing with it. We
may take over the defence of any such claim, and you agree to
co-operate if we do. This clause does not apply where the law does
not permit it.
Changes to the service and these terms
We will keep developing iShalom, and features may be added, changed
or removed.
We may update these terms. If a change materially affects your
rights, we will give you at least 30 days' notice in the app or by
email before it takes effect. Continuing to use iShalom after that
means you accept the change; if you do not, close your account. We
will not apply a change retroactively to a dispute that has already
arisen.
Governing law and disputes
These terms are governed by the laws of the State of Washington,
United States, without regard to its conflict-of-laws rules. The
state and federal courts located in Spokane County, Washington have
exclusive jurisdiction, and you and we each consent to that venue.
If you are a consumer resident in the United Kingdom, the European
Economic Area, or another place whose law gives you the right to
bring proceedings in your own courts, nothing in this clause takes
that right away.
Before filing anything, please write to
legal@wendkom.com. Most
disputes are a misunderstanding and can be resolved in an email.
General
These terms, together with the Privacy Policy, are the entire
agreement between you and us about the service. If any part is held
unenforceable, the rest stands. If we do not enforce something
straight away, we have not given up the right to enforce it later.
You may not transfer your rights under this agreement; we may
transfer ours as part of a reorganisation or sale of the business.
Nothing here makes either of us the other's agent or partner.