Terms of Service

Whaam.com, with all its sub domains and The Whaam Showcase Widget service, will in this document be addressed as Whaam, the Whaam service or the Whaam widget.

1. Rules for using the Whaam service and The Whaam Showcase Widget

2. Pricing, billing, rules and restrictions

You agree to comply with the following account-specific rules.

Whaam Standard (Free) Account

Optional paid services such as Premium and Premium + accounts are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Whaam the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly subscription period as indicated. Upgrade fees are not refundable.

For pricing, plans and features visit widget.whaam.com/plans

3. Impression limit actions

You, as a user of Whaam, will be contacted when impression limit has reached 90% of maximum limit and informed to take action to upgrade account for gaining more impressions. Whaam reserves the right to disable widget if impression limit is reached and no action from you has been done. The widget will when disabled loose the interactivity of the widget and will only show the image you have chosen for the widget and nothing else.

4. Content within service and widget

You hereby agree full responsibility for the content within the widget.

You hereby agree full responsibility for the image you choose to add to the Whaam Widget.

You hereby acknowledge that you solely alone have the full responsibility displaying the links and image submitted to the Whaam widget on your website. The content that is provided in the Whaam system is suggestions and nothing more. The content is user generated.

5. Third Party Content

You acknowledges and agrees that Whaam is not responsible for Third Party Content and makes no representations or warranties regarding Third Party Content. Therefore Whaam does not take responsibility for the content within the widget that is created.

You acknowledge that the Content is owned and/or controlled by Content Owners and is protected by copyright laws and other intellectual property laws globally through international treaties. All such applicable laws will limit your rights with respect to Content. You are required to comply with all applicable laws in Your use of Whaam and the Whaam widget and to respect the applicable Content Owners' rights therein. You agree not to make any use of the Content that would infringe the copyright(s) therein.

6. Placement of widget

You hereby agree that the Whaam widget will conform to the description as provided by You to Whaam during the registration process, and any updates thereof, including the location where End Users may access the Whaam widget (e.g., URL). You further agree to use or offer the Whaam widget solely on sites for which you are authorized to do so and have full responsibility for sharing the content of the widget to social media sites and sharing the widget code and link. If Whaam determines, in its sole discretion, that any information provided by You to Whaam is inaccurate or the Whaam widget is being offered in connection with any web site for which you are not authorized to do so, Whaam reserves the right to immediately disable both Your account and Your access to the Whaam widget. You understands that Whaam may modify or discontinue certain features of the Whaam widget and/or Service in order to improve or replace such functionalities.

7. Updating TOS

Whaam reserves the right, in its sole discretion, to update or modify this TOS at any time. If any such updates or modifications constitute a material change to this TOS, Whaam will provide You with thirty (30) days advance notice. It is solely Your responsibility to review and familiarize Yourself with the updates or modifications. Your use of the Whaam widget following such updates and modifications constitutes Your agreement and acceptance to be bound by the terms and conditions of the TOS as modified. If You do not agree to the TOS as modified Your may terminate this TOS in accordance with the terms herein and stop using Whaam and the Whaam widget.

8. Feedback from users

Any feedback, suggestions, ideas or enhancements ("Feedback") You provide or disclose to Whaam may be used by Whaam and its affiliates for any purpose, and You hereby grant Whaam and its affiliates and successors a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable right to fully exercise and exploit such Feedback (including all related intellectual property rights) and to allow others to do so. Such Feedback may include bug reports, problems or deficiencies encountered by You while using Whaam and the Whaam widget.

9. Customer Support

Whaam offers a complementary email support service and prioritized email support for Premium + accounts. Whaam offers no guarantee, warranty, or service level agreement (“SLA”) with the complementary support. Emailing any of our support email addresses does not indicate or guarantee a response, except priority support as stated above.

11. Liability

Whaam.com shall in no event be liable for any damages whatsoever including, without limitation, indirect, consequential or special damages, such as for loss of revenue, loss of income, or loss of profit, business interruption, or loss of data or loss of information, arising out of the use of or inability to use the information in the site, even if Whaam.com has been advised of the possibility of such damages.

Further, Whaam.com does not warrant the availability, accuracy or completeness of any information, including but not limited to any text, picture, graphics, link or other item that may be contained within this site. Whaam.com may make changes to the content of this site or to any products described herein at any time without notice. Whaam.com makes no commitment to update the information or other materials entered in this site. Whaam.com does hereby exclude any liability whatsoever for their suitability for individual applications. It is the responsibility of the user to adapt recommendations contained herein to the requirements of the individual applications.

You acknowledge that the Whaam widget may not (i) cause, control, encourage, induce, facilitate, promote or advertise activities, products or services that are illegal (including the illegal copying or unauthorized distribution of third party copyrighted material), violent, defamatory or discriminatory; (ii) display or advertise pornography, including sexually explicit images; (iii) sell or advertise products or services for alcohol, tobacco, firearms, gambling, or feminine hygiene products; (iv) endorse any religious cause, political position or political candidate; or (v) engage in any activities that may be deemed objectionable by Content Owners in their sole discretion, including linking to objectionable web sites.

12. Access to APIs

Whaam may provide access to application programming interfaces (“APIs”). You acknowledge and agree that Whaam may, in its sole discretion, limit, throttle, suspend or terminate your access to or usage of APIs, or change any of the API specifications, protocols, or methods of access for any or no reason, and Whaam will bear no liability for such decisions. It’s your responsibility at all times to backup your data and to be prepared to manage your accounts and conduct your business without access to the APIs.

Whaam does not represent or warrant, and specifically disclaims, that any API’s will be available without interruption or without any bugs.