Terms of Use & Privacy

1. Your Acceptance
This is an agreement between CooperWorks Tech, a South Carolina corporation (“Wystle”), the owner and operator of www.wystle.com (the “Wystle Site”), the Wystle software, including Wystle Messenger (collectively, including all content provided by Wystle through Wystle Messenger and the Wystle Site, the “Wystle Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND WYSTLE’S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.wystle.com/legal, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

2. Wystle Service
These Terms of Service apply to all users of the Wystle Service. Information provided by our users through the Wystle Service may contain links to third party websites that are not owned or controlled by Wystle. Wystle has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wystle will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Wystle shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. Wystle Access
a. Subject to your compliance with these Terms of Service, Wystle hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Wystle’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

b. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the uService in a manner that sends more request messages to the Wystle servers in a given period of time than a human can reasonably produce in the same period by using a Wystle application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Wystle grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wystle reserves the right to revoke these exceptions either generally or in specific cases. While we don’t disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Wystle clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

4. Intellectual Property Rights
The design of the Wystle Service along with Wystle created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Wystle, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Wystle reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.

5. Termination
Wystle may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms of Service, and any rights and licenses granted hereunder with or without prior notice. Furthermore, if you fail to comply with these Terms of Service, and any rights and licenses granted hereunder, then these Terms of Service, and any rights and licenses afforded to You hereunder shall terminate automatically, without any notice or other action by Wystle. Upon the termination of these Terms of Service, and any rights and licenses granted hereunder, You shall cease all use of Wystle Applications and website and uninstall any Wystle Applications.

6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WYSTLE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WYSTLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WYSTLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WYSTLE SERVICE. WYSTLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WYSTLE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND WYSTLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability
IN NO EVENT SHALL WYSTLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WYSTLE CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WYSTLE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Wystle from its facilities in the United States of America. Wystle makes no representations that the Wystle Service is appropriate or available for use in other locations. Those who access or use the Wystle Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity
You agree to defend, indemnify and hold harmless Wystle, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Wystle Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Wystle Service.

9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Wystle Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Wystle Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Wystle is the developer of the Service, with an address at 1779 Anthony St, Charleston, SC 29405, info at wystle.com.

10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wystle without restriction.

11. General
You agree that: (i) the Wystle Service shall be deemed solely based in South Carolina; and (ii) that you agree to subject to the jurisdiction of South Carolina in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and Wystle that arises in whole or in part from the Wystle Service shall be decided exclusively by a court of competent jurisdiction located in Charleston County, South Carolina. These Terms of Service, together with the Privacy Policy at http://www.wystle.com/legal and any other legal notices published by Wystle, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Wystle concerning the Wystle Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Wystle’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Wystle reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Wystle Service. Your continued use of the Wystle Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WYSTLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WYSTLE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

***Privacy Notice***

CooperWorks Tech (“Wystle”) recognizes that its customers, visitors and users, want to know what’s up with privacy. Wystle provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Wystle Site, Wystle Software and/or the Wystle Service. If you do not agree to our practices, please do not use the Wystle Site, Wystle Software,or Wystle Service.

This Privacy Policy is incorporated into and is subject to the Wystle Terms of Service. Your use of the Wystle Site, Wystle Software and the Wystle Service and any personal information you provide on the Wystle Site or Wystle Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that any Status Submissions or other content posted at the direction or discretion of users of the Wystle Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

What Does This Privacy Policy Cover?
This Privacy Policy is part of Wystle’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by Wystle, including information obtained when you access the Wystle’s Site, use the Wystle Service or any other software provided by Wystle.

This Privacy Policy does not apply to the practices of companies that Wystle does not own or control, or to individuals whom Wystle does not employ or manage, including any of the third parties to which Wystle may disclose user information as set forth in this Privacy Policy.

The Information Wystle Collects
Wystle may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):

User Provided Information: You provide certain Personally Identifiable Information to Wystle when choosing to participate in various uses of the Wystle Service, such as registering as a user or subscribing to email messages.

Cookies Information: When you visit the Wystle Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Wystle uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Wystle Site may not function properly if the ability to accept cookies is disabled.

Log File Information: When you use the Wystle Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Wystle Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps.

The Way Wystle Uses Information
If you submit Personally Identifiable Information to us through the Wystle Site, or Wystle Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Wystle Site and Wystle Service. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Wystle Service or Wystle Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

When Wystle Discloses Information
We do not sell or share your Personally Identifiable Information with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Wystle Service. We may share your Personally Identifiable Information with third-party companies that you choose to message through Wystle. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Wystle Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Wystle also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Wystle believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Wystle Site or our servers, and to protect the rights, property, or personal safety of Wystle, our users or others.

Your Choices
If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Wystle mobile application and discontinue use of the Wystle Service; your continued usage of the Wystle Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. Please contact Wystle via email to support at wystle.com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Third-party Advertisers, Links to Other Sites
We are not fans of advertising. Wystle is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.

Our Commitment To Data Security
Wystle uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Wystle and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Wystle Service is never recommended. Once we receive your transmission of information, Wystle makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Wystle learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Wystle may post a notice on the Wystle Site or through the Wystle Service if a security breach occurs.

Special Note to International Users
The Wystle Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the Wystle Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Wystle Site and Service, which are governed by South Carolina law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by South Carolina law for these purposes.

In the Event of Merger, Sale, or Bankruptcy
In the event that Wystle is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the “effective date” below. Please revisit this page to stay aware of any changes. Your continued use of the Wystle Site and Wystle Service constitutes your agreement to this Privacy Policy and any amendments.

 

Date Last Modified:
This Privacy Notice was last modified July 6th, 2017