Terms of Service
Effective Date: May 16, 2024
1. Acceptance of Terms
By downloading or using The Wendy App ("App") by The Wendy App Inc., you agree to be bound by these Terms of Use ("Terms" or “Agreement”). We offer the App to you (referred to as “you” or “user”) and your children, as applicable, under the Terms of Use described below. If you do not agree to these Terms, do not use the App.
We reserve the right to change these terms at any time. A revised version of these Terms of Use will be published and available via the App and on the App Store page for this App. You are responsible for regularly reviewing these Terms of Use. If you continue to access and use the App after any changes, it means you accept and will abide by the changes.
2. Description of the App
The Wendy App uses generative AI to create personalized children's content. The App is currently in beta and may contain bugs or errors. We do not guarantee the accuracy, reliability, or completeness of any content generated by the App.
3. Generative AI and Content Accuracy
The App utilizes generative AI technology to create content. While we aim to provide enjoyable and educational content, the AI may produce content that is not accurate or may contain fictional elements that are unintended. Parents or Caregivers should review the content for accuracy and appropriateness.
4. Eligibility
You must be at least 6 years old to use the App and have verified parental consent if you are under 13. By using the App, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.
5. User Accounts
To access certain features of the App, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and all activities under your account.
6. User Information
During the course of your use of the App, you may be asked to provide certain personalized information to us (such information referred to herein as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
7. Use of the App
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the App in any way that violates any applicable federal, state, local, or international law or regulation
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the App
- Impersonate or attempt to impersonate The Wendy App, a The Wendy App employee, another user, or any other person or entity
- Use the App to exploit, harm, or attempt to exploit or harm minors in any way
8. Collection of Children's Information
We only collect information from children under 13 years of age with verifiable parental consent. This information may include the child's name, age or birthdate, and preferences and interests for story personalization. Parents can review, delete, and manage their child's information by contacting us at privacy@trywendy.com
9. Intellectual Property
All content, features, and functionality, including text, graphics, logos, and images, of the App are the exclusive property of The Wendy App and are protected by copyright, trademark, and other intellectual property laws.
10. Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the App do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent contact:
legal@trywendy.com
5215 N Ravenswood Suite 307 Chicago, IL 60640
11. Use of App Content
You are allowed to access and view the content of the app only for your personal, non-commercial use on a single phone or other internet-compatible device in order to use the app. You must not remove or alter any copyright or other legal notices from the app or any app content. Unless we have given you express permission or the law otherwise permits, you may not modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell or make any other use of any of the app content. Any use of the app content other than as explicitly permitted in this paragraph is unauthorized and may violate copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries.
12. Termination
We may terminate or suspend your account and access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the App, us, or third parties.
13. Disclaimer of Warranties
The app is provided on an "AS IS" and "AS AVAILABLE" basis. We do not make any representations or warranties of any kind, express or implied, regarding the operation of the app or the information, content, or materials included in the App. This includes, but is not limited to, the accuracy or reliability of AI-generated content.
We operate and manage the App from offices in the United States of America. We cannot guarantee that the App content is suitable or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you decide to access the app, you do so at your own risk and are responsible for complying with all applicable laws and regulations.
The app provides general information only, and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided by the app. We do not guarantee the accuracy, timeliness, correctness, completeness, performance, or fitness for a particular purpose of the app or any of the app content. We are not liable for any errors, omissions, or inaccurate app content.
14. Limitation of Liability
To the fullest extent permitted by law, we will not be liable for any damages of any kind arising from the use of the App or from any information, content, or materials included on the App, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Illinois. without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Chicago, Illinois in all disputes arising out of or relating to your use of the App. Notwithstanding the foregoing, we shall have the right to bring action against users of the App in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located:
(i) to seek injunctive relief against such user,
(ii) to obtain a judgment against such visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or
(iii) to enforce a judgment obtained against such a user in an Illinois court.
16. Changes to Terms
We may revise these Terms from time to time by posting the updated Terms on this page. Your continued use of the App after such changes will constitute your acceptance of the new Terms.
17. Miscellaneous
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the App, including our Privacy Policy; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall prevail.
You agree that we have the right to assign any of our rights, transfer, subcontract, or delegate any of our obligations under this Agreement. This Agreement is personal to you, and you may not transfer or assign it to a third party.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire Agreement with respect to the App and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the App. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
18. Reservation of Rights
Any rights not expressly granted in this Agreement are reserved to Wendy App Inc.
19. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@trywendy.com