PLEASE READ THE TERMS AND CONDITIONS.

BY DOWNLOADING THE WIGGY APP, USING THE WIGGY APP OR CLICKING/CHECKING ON THE ACCEPT/AGREE BOX/BUTTON, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS (INCLUDING, THE TERMS AND CONDITIONS OF THE THIRD PARTY TERMS THAT ARE INCORPORATED INTO THE TERMS BY REFERENCE); (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS AND ALL APPLICABLE LAWS.

 

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE TERMS, WIGGY IS UNWILLING TO GRANT YOU (OR YOUR CHILDREN) THE RIGHT TO USE THE WIGGY APP.

 

THE TERMS CONSTITUTE AN ENFORCEABLE AGREEMENT BY AND BETWEEN YOU AND WIGGY.

 

FOR PURPOSES OF THE TERMS, ” WIGGY “, “US”, “WE” OR “OUR” MEANS AND INCLUDES WIGGY AND ITS INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS. “YOU” MEANS EACH PERSON WHO ACCESSES OR USES THE WIGGY APP (INCLUDING, BUT NOT LIMITED TO YOUR CHILDREN), WHETHER OR NOT SUCH PERSON PERSONALLY INSTALLED THE WIGGY APP. FURTHER, “YOUR CHILDREN” OR “YOUR CHILD” REFERS TO YOUR CHILD, YOUR CHILDREN OR A CHILD OR CHILDREN UNDER YOUR GUARDIANSHIP OR SUPERVISION.

Privacy

Wiggy Privacy Policy

Last Revised: January 20, 2017

This privacy policy (“Policy”) is in reference to the Wiggy™ Mobile App (the “Mobile App”) and the message processing services for Wiggy™ (the “Services”).            This privacy policy explains how personal information is collected, used, and disclosed by Wiggy LLC., in connection with your or your child’s use of Wiggy and the Services. All references to the term “you” or “parent” in this privacy policy shall include legal guardians, and all references to “children” or “child” shall mean children less than 13 years of age. The use of Wiggy™ requires parental consent, and by providing consent, you are certifying that you are the parent for the children who use the Services or an adult approved by a parent to send messages to a child.

We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Policy and, in some cases (such as for material changes), we will provide you with additional notice (such as adding a statement to our web site’s homepage or sending you a notification) and/or obtain your prior verifiable consent.

 

What Information Do We Collect?

Active Collection: When the Mobile App is downloaded, we collect a parental email and password in connection with obtaining parental consent and creating a parent account. Parents may also provide additional information, when they set up Wiggy or through the parent account, such as indicating their child’s name and other conversation options that are used to improve the conversational experience.

Passive Collection: When the Mobile App or Services are being used, some information is also automatically collected. For example, we may automatically collect certain information when you use the Mobile App, such as device model and name, operating system and version, the browser type, mobile network information, preferred language, time zone, and activity on the Mobile App. We may also automatically collect certain logistical information in server logs, including information about how various features of the Mobile App and Services are used and information about the number, frequency and length of each session. On our Site, we may also automatically collect certain information through the use of “cookies.” Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us analyze and improve our Site and Services, and our other products and services, and the experience of our users. If we link cookies to any personally identifying information, we will treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features of the Site or Services.

 

How Do We Use the Personal Information We Collect?

Wiggy LLC uses parental email in order to obtain parental consent for your children’s use of the Services and to create a parent account, which allows you to access the Parental Settings section of the Wiggy app.

Wiggy LLC may also use the parental email and other information parents provide, or that is automatically collected, through the Mobile App or the parent account as follows:

  • To provide and maintain the Services and to send you notifications, confirmations, updates, product announcements and otherwise facilitate your or your children’s use of, and our administration and operation of, the Services;
  • To respond to your communications and requests, provide customer service, notify you about important changes to our Services and our terms and policies and otherwise contact you about your or your children’s use of the Services;
  • To monitor and analyze usage and activities regarding the Site and the Mobile App; and
  • To provide you with news and information about

 

Wiggy LLC, Wiggy, and products, services, events, activities, offers, and promotions we think will be of interest to you (with your consent where prior consent is required by applicable law) unless you opt out of such use.

We may store and process personal information in the United States and other countries.

 

What Information Do We Share With Third Parties?

We will not share the personal information we collect through the Services with third parties, except as described in this Policy. For example, we may share Recordings and other personal information as follows (subject to any applicable COPPA requirements or restrictions):

  • When you give us your consent to do so, including if we collect account related information from you and notify you that the information you provide will be shared in a particular manner and you provide such information;
  • When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to (a) comply with any law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants, or court orders; or (b) protect the rights, property, or safety of Wiggy LLC, our users, our employees, copyright owners, third parties or the public, to enforce or apply this Policy, our Terms of Use, or our other policies or agreements; and
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of the business assets of Wiggy LLC

 

We may also share aggregated or anonymized information that does not constitute personal information. For example, we may share analytics and other aggregate information about users’ activities on our Services that do not contain any personal information with parties we partner with.

Service Providers are not authorized to use any Recordings or other personal information they receive from us for their own purposes (e.g., for purposes not related to providing, maintaining, testing, developing or improving the services and technology being provided to Wiggy LLC).. These Service Providers and other third parties may not use any Recordings, feature extracted data, transcripts or any content contained therein to contact or advertise to children.

 

International Users

Wiggy LLC is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries. If information is shared in accordance with this privacy policy, it may be disclosed to overseas recipients located outside of the European Economic Area, including countries that do not have laws that protect personal information in the same manner as countries within the European Economic Area.

 

What Steps Do We Take To Protect Your Information Online?

We take reasonable measures to protect personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. For example, we use secure, encrypted communications when transferring all personal information over the web. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and there is no method of data transmission that can be guaranteed to protect against any interception or other type of misuse.

 

What Choices Do You Have Regarding the Use of Your Information?

You may choose to permanently delete your Wiggy LLC account. We will delete all personal information connected with your account when you close your account in this manner except that cached copies may exist for a certain period of time after the account is deleted.  Account deletion will be performed at your request, through the Wiggy support website located at support@wiggyapp.com.

Under applicable privacy legislation you may have rights of access to and correction of the personal information held by us. For example, under COPPA, parents have the right to review or have deleted any personal information (including Recordings) collected from their child that are retained by Wiggy LLC and parents may refuse to permit further collection or use of their child’s personal information.  If you wish to stop any further collection or use of your child’s personal information, or delete your email, you must delete your account.

You may “opt out” of receiving marketing or promotional emails from us by following the unsubscribe instructions in those emails. Where required by applicable law, we will get your consent prior to sending you such emails.

 

Questions or Concerns?

If you have any questions about this Policy or any concerns about your

privacy, please contact us at support@wiggyapp.com.

Creating an Account

By creating an account for the Wiggy App, you represent and warrant that you are 13 years of age or older.  If you are under 13 years of age, you are expected to use a parent’s user account.  In consideration of your use of the Wiggy App, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms via the Wiggy App (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Wiggy, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to Wiggy. You are responsible for safeguarding the password that you use to access the Wiggy App. When you register for the Wiggy App, you should use a strong password, including a combination of upper and lower case letters. We suggest that you not use the same password for the Wiggy App that you use for other applications or services.

License

Subject to the terms, conditions and limitations set forth in the Terms, Wiggy grants you a nonexclusive, non-transferable and revocable license to use the Wiggy App on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Wiggy that replace and/or supplement the original Wiggy App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Restrictions

You agree not to do, or authorize or permit any third party to do, any of the following: (i) copy, reproduce or distribute the Wiggy App; (ii) make the Wiggy App available over a network where it could be used by multiple devices at the same time; (iii) sell, license, rent, assign, lease, lend, redistribute or sublicense the Wiggy App; (iv) modify, port, translate, or create derivative works of the Wiggy App; (v) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms of the Wiggy App by any means (except as and only to the extent any of these restrictions are prohibited by applicable law); (vi) submit any automated or recorded requests to the Wiggy App; (vii) use the Wiggy App for commercial use; (viii) use the Wiggy App for purposes of comparison with or benchmarking against products or services made available by third parties; (ix) knowingly take any action that would cause the Wiggy App to be placed in the public domain; and (x) remove, alter or obscure any copyright, trademark or other proprietary rights notice or labels on or in the Wiggy App. If you violate any of the restrictions set forth in the Terms, your right to use the Wiggy App will immediately cease and you may have infringed the copyright and other rights of Wiggy, which may subject you to prosecution and damages. Wiggy reserves all rights not expressly granted in the Terms, and no licenses are granted by Wiggy to you under the Terms, whether by implication, estoppel or otherwise, except as expressly set forth in the Terms.

Consent to Use of Data and Communications

You agree that Wiggy may collect and use technical data, personal information and related information in connection with your use of the Wiggy App including, but not limited to, contact information and technical information about your device, system and the Wiggy App software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Wiggy App and software updates, product support and other services. Please see our Privacy Policy for more information about how Wiggy collects, uses, stores and discloses personal information collected through the Wiggy App. You also consent to our communicating with you about the Wiggy App or in connection with the features, functions and activities contained in the Wiggy App.

Feedback

Any suggestions, comments or other feedback provided by you or your children to us with respect to the Wiggy App and/or our products and services will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

Conduct

You agree that you are solely responsible for your conduct (and the conduct of anyone using your account) with respect to the Wiggy App, and you agree that you will not do any of the following in connection with the Wiggy App:

  • Use the Wiggy App in any manner that could damage, disable, overburden or impair the functioning of the Wiggy App in any manner;
  • Use the Wiggy App for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms;
  • Modify, adapt or hack the Wiggy App; or
  • Infringe upon or violate the rights of Wiggy.
  • Any use of the Wiggy App in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Wiggy App.

Modification of Terms

Wiggy reserves the right to change or modify any of the terms and conditions contained in the Terms, or any policy or guideline of the Wiggy App, at any time and in its sole discretion by posting the changes/modifications via the Wiggy App. Additionally, notice may be provided by sending an email to you or by such other form of notice as determined by Wiggy. Changes/modifications will only become effective at the end of the 30 day period commencing upon the posting of the changes/modifications via the Wiggy App (“Notice Period”). If you disagree with any changes/modifications, please stop using the Wiggy App within the Notice Period. Your use of the Wiggy App after the Notice Period will constitute your acceptance of the changes/modifications. Also, we recommend that you review the Terms whenever you access the Wiggy App and, at least, every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Wiggy App.

Suspension and Termination

Wiggy may suspend and/or terminate your rights with respect to the Wiggy App for any reason or for no reason at all and with or without notice at Wiggy’s sole discretion. Suspension and/or termination may include restricting access to and use of the Wiggy App. If your rights with respect to the Wiggy App are suspended and/or terminated, you agree to make no further use of the Wiggy App during suspension or after termination. Wiggy reserves the right, but does not undertake any duty, to take appropriate legal action including, but not limited to, the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Wiggy App during suspension or after termination, and you agree that Wiggy may recover its reasonable attorney’s fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, the Terms will remain enforceable against you. All of the terms and conditions of the Terms survive any termination of the Terms (except the “License” and “Consent to Use of Data and Communications” sections).

Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE Wiggy APP IS AT YOUR SOLE RISK. THE Wiggy APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Wiggy DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, THE Wiggy APP, THE Wiggy MATERIAL, ANY Wiggy PRODUCTS AND SERVICES, THE RECORDINGS, THIRD PARTY SITES AND THIRD PARTY TRADEMARKS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT Wiggy KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. Wiggy DOES NOT WARRANT THAT: (A) THE FUNCTIONS CONTAINED IN THE Wiggy APP WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE Wiggy APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) ANY DEFECTS IN THE Wiggy APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY Wiggy OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

Indemnification

You agree, at your sole expense, to defend, indemnify and hold us and our licensors, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; or (ii) your violation (or alleged violation) of the Terms or the rights of any third party.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WIGGY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE WIGGY APP, THE WIGGY MATERIAL, ANY WIGGY PRODUCTS OR SERVICES, THE RECORDINGS, THIRD PARTY SITES OR THIRD PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF WIGGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

No Third Party Beneficiaries

Except as otherwise expressly elsewhere in the Terms, there will be no third party beneficiaries to the Terms.

Modifications to the Wiggy App

Wiggy reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Wiggy App and/or any features, information, materials or content on the Wiggy App with or without notice to you. You agree that Wiggy will not be liable to you or any third party for any modification or discontinuance of the Wiggy App or any portion thereof.

Copyright Complaints

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, Wiggy has adopted a policy of terminating, in appropriate circumstances and at Wiggy’s sole discretion, account holders who are deemed to be repeat infringers. Wiggy may also, at its sole discretion, limit access to the Wiggy App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Wiggy will respond to claims of copyright infringement committed using the Wiggy App that are reported to Wiggy’s Designated Copyright Agent, identified in the sample notice below.

 

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

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