Terms of Use (Personal) 

1. Basic Information

1.1 By accepting this Wire™ Terms of Use (“ToU”) there is a valid and binding agreement between Wire Swiss GmbH (the “Company,” “we,” “us,” or “our”) and You (“you,” “your,” or “yourself”). This ToU governs your use of the Company’s website at https://wire.com (the “Site”), mobile software applications (the “Mobile App”), desktop application (the “Desktop App”), and web application (the “Web App”) (the Mobile App, Desktop App and Web App are collectively referred to as the “Apps”) that enable you to use the software and services offered by us. Your access and use of the Apps, our Site and of the features, software, products and services provided by the Company through the Apps or the Site (individually and collectively, the “Service”) is subject to the terms and conditions in this ToU.

1.2 You may compile the open source software that we make available from time to time to develop your own mobile, desktop or web application. We refer to that application as an “Independent App”. This ToU does not apply to any Independent App and you are free to utilize and exploit your Independent App in any manner in which you determine and that is permitted by the license under which he source code was published. However, if you desire to cause your Independent App to utilize and connect to our servers for any purposes, then, as a condition to your use of our servers and network infrastructure, your Independent App must comply with and may only be used in accordance with this ToU. Any reference in this ToU to an “App” includes any Independent App that connects to our servers for any purposes.

1.3 You must agree to this ToU in order to use the Apps, the Site and/or the Service. If you use the Apps, the Site and/or the Service, or click to join and/or sign in or agree to this ToU if presented to you in a user interface for the Service, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using the Apps, the Site and/or the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you are minor and are 16 years of age or older, you must have parental consent to create an account or access the Service. If you do not accept this ToU, then you may not use the Apps, the Site and/or the Service. If you are using the Apps, the Site and/or the Service on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to this ToU. If you do not have such authority, then you may not use the Apps, the Site and/or the Service on behalf of your employer and you must discontinue all use of the Apps, the Site and/or the Service immediately.

1.4 THESE TOU ARE GOVERNED BY THE LAWS SET FORTH IN SECTION 15, DEPENDING ON THE TERRITORY IN WHICH YOU USE THE SERVICE. IF YOU ARE IN THE UNITED STATES, YOU AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION AS SET FORTH IN SECTION 16 AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. ToU Updates

The Company may update and amend this ToU at any time and the Company will make the updated ToU available through the Apps and post the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use the Apps, the Site and/or the Service after the updated ToU is made available to you. If at any point you do not agree to any portion of the ToU then in effect, you should immediately stop using the Apps, the Site and/or the Service

3. Provision of the service

You are solely responsible for all data, SMS and mobile carrier charges in connection with the mobile phones on which you have installed the Mobile App. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service or using the Desktop App and/or the Web App. You acknowledge and agree that the Company may make changes to the Apps, the Site and/or the Service at any time without notifying you in advance

4. Discontinuation of service

The Company reserves the right to deny service to any person or entity at the Company’s sole and absolute discretion. You acknowledge and agree that the Company may stop providing the Apps, the Site and/or the Service or restrict your use of the Apps, the Site and/or the Service any time, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of this ToU and/or if the Company suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account.

5. Accounts and Security

5.1 Account. To access the Service, you must have an account. You can create an account by completing the registration process, which requires you to enter personal information, such as your name, phone number or email address. You will also have the option of uploading a profile picture and other information. You agree to submit information that belongs to you for service provisioning of your account. You agree that if you give the Apps permission to access your address book, anonymized phone numbers and emails from the address book will be uploaded to the Service for the purpose of connecting users. On certain platforms, it might be necessary to grant such permission in order to install the Apps, but this permission can be revoked after installation.

5.2 Removing Accounts. We reserve the right to remove inactive accounts. Accounts are considered to be inactive when they haven’t been used for a long period of time (as determined by us in our reasonable discretion).

5.3 Account Disabling by the Company. The Company may at any time disable your account. The Company’s disabling of your account may result in the deletion of certain content on the Service and you may no longer have access to certain content; however, some content, such as your chat conversations with other users, will remain viewable by those users. The Company may choose to disable your account if:

a. The Company determines that you are (a) in breach of or otherwise acting inconsistently with this ToU or (b) engaging in fraudulent or illegal activities or other conduct that may result in liability to the Company;

b. The Company determines it is required by law to disable your account; or

c. The Company decides to stop providing the Service or critical portions of the Service in the country where you reside, use the Apps, access the Site or use the Service or the Company determines that it is no longer in its business interests to continue providing the Service or critical portions of the Service.

5.4 Effect of Account Disabling. Accounts disabled by the Company, including for any type of abuse (including without limitation a violation of this ToU), may not be able to be reactivated. If you voluntarily terminate your account or allow your account to lapse, you may reactivate that account by contacting us through Customer Support. Notwithstanding the disabling or termination of your account, the terms of this ToU will survive and continue to apply to you.

6. Apps Use Requirements

6.1 Installation. To use the Apps, you will be required to install the Mobile App on one or more mobile devices that you own or control and/or install the Desktop App on one or more computers that you own or control and that meet the minimum specifications provided by the Company. The Web App can be used in all supported browsers, no installation is required.

6.2 Updates. The Company may require that you download and install updates to the Apps from time to time. You acknowledge and agree that the Company may update the Apps with or without notifying you and add or remove features or functions to the Apps at any time in its sole discretion. You acknowledge and agree that the Company has no obligation to make the Apps available to you, make any subsequent versions of the Apps available to you or to continue to support the Apps in any way. You acknowledge that your access to the Apps may not be continuous, features may change during your use of the Apps, and the Company may terminate your access to the Apps or stop offering the Apps at any time.

6.3 Agreements You acknowledge that you may only use the Apps in connection with the Service provided through the Apps in accordance with this Agreement. The requirements hereunder and this Agreement may change as the Apps and/or Service evolve.

6.4 Independent Apps. If you desire to cause your Independent App to utilize and connect to our servers for any purposes, then, as a condition to your use of our servers and network infrastructure, your Independent App must comply with and may only be used in accordance with this ToU. Additionally, certain additional restrictions apply to any such App, as follows:

a. You agree not to change the way the Independent App connects and interacts with our servers;

b. You agree not to weaken any of the security features of the Independent App;

c. You agree not to use our servers to store data for purposes other than the intended and original functionality of our source code underlying your Independent App; d. You acknowledge that you are solely responsible for any and all updates to your Independent App. For clarity, if you compile the open source software that we make available from time to time to develop your own mobile, desktop or web application, and do not cause that application to connect to our servers for any purposes, then that Independent App will not be limited under this ToU and this ToU will not apply to that application.

7. License, Restrictions and Conditions of Use

7.1 License for Personal Use. Subject to the terms and conditions of this Agreement and for the sole purpose of using the Service, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non- transferable license to (i) install the Mobile App on one or more mobile devices which are owned by you, are under your control and which meet the Company’s minimum specifications; (ii) install the Desktop App on one or more computers which are owned by you, are under your control and which meet the Company’s minimum specifications; and (iii) view, review and utilize the Apps and any related information provided to you by the Company.

7.2 Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the Site or the Apps. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third-party apps, spiders or web crawlers).

7.3 No Violation of Laws. You agree that you will not, in connection with your use of the Apps, the Site and/or the Service, violate any applicable law, ordinance, rule, regulation or treaty.

7.4 Restrictions. You shall not connect to or use the Apps, the Site and/or the Service in any way that is not expressly permitted by this ToU.

a. You may not: (a) remove any proprietary notices from the Service or any copy of software provided to you by the Company (“Software“); (b) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Apps, the Service or any Software; (c) sell, assign, rent, lease, act as a service bureau, or grant rights in the Apps, the Service or any Software, including, without limitation, through sublicense, to any other person or entity without the prior written consent of the Company; or (d) make any false, misleading or deceptive statement or representation regarding the Company and/or the Apps, the Site or the Service.

b. Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Apps, the Site and/or the Service (or any servers, systems or networks connected to the Apps, the Site and/or the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Apps, the Site and/or the Service or any other person’s or entity’s use of the Apps, the Site and/or the Service (or any servers, systems or networks connected to the Apps, the Site and/or the Service); (ii) attempt to gain unauthorized access to the Apps, the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the Apps, the Site and/or the Service, (iii) charge any person, or receive any compensation for, the use of the Apps, the Site and/or the Service, unless you are specifically authorized to do so in a separate written agreement with the Company; (iv) use the Apps, the Site and/or the Service to (a) develop, generate, transmit or store information that is unlawful or illegal, defamatory, harmful, abusive, hateful, racially or ethnically offensive that encourages conduct that would be considered a criminal offence; or (b) perform any unsolicited commercial communication not permitted by applicable law; or (v) engage in any activity that (a) constitutes harassment or a violation of privacy or threatens other people or groups of people; (b) is harmful to children in any manner; (c) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (d) violates any applicable law, ordinance, rule, regulation or treaty.

c. Without limiting the foregoing, you agree that you will not (i) charge any person, or receive any compensation, for the use of the Service, or (ii) use the Service in any manner not permitted by the licenses granted herein; or (iii) use the Service to conduct any unlawful, prohibited, abnormal or unusual activity as the Company may determine, in the Company’s sole discretion.

d. No licenses, express or implied, are granted under this ToU except as expressly set forth herein. The Company reserves all rights in and to the Apps, the Site and/or the Service that are not expressly granted in this ToU.

7.5 No Data Mining or Harmful Code. You agree that you will not (i) obtain or attempt to obtain any information from the Service, including without limitation email addresses or phone numbers of other account holders or other software data; or (ii) intercept, examine or otherwise observe any communications, conversations or chats between other account holders without the prior consent of those account holders; or (iii) use any type of software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Apps, the Site and/or the Service.

7.6 No Access to Emergency Services. The Service is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). There are important differences between traditional telephone services and the Services. You acknowledge and agree that: (i) the Company is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Services, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) the Service is not a replacement for your primary telephone service.

7.7 Violation of this ToU. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. The Company may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 7 or any other terms of this ToU.

8. Links

8.1 Links from the Service. The Service may contain links to websites operated by other parties. The Company provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of the Company, and the Company is not responsible for the content available on the other websites. Such links do not imply the Company’s endorsement of information or material on any other website and the Company disclaims all liability with regard to your access to and use of such linked websites.

8.2 Links to the Site. Unless otherwise set forth in a written agreement between you and the Company, you must adhere to the Company’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Company’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Company, and (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site. The Company reserves the right to revoke its consent to the link at any time and in its sole discretion.

9. Intellectual Property

9.1 Trademarks. Wire™ and its associated logos are trademarks used under license by Wire Swiss GmbH. All rights reserved. Unless permitted in a separate written agreement with the Company, you do not have the right to use any of the Company’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

9.2. Ownership. You acknowledge and agree that the Company owns all rights, title and interest in and to the Apps, the Site and the Service (but not any Independent App), including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Apps, the Site and the Service are protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that the Company has designated as confidential and you agree not to disclose such information without the Company’s prior written consent.

9.3 Third-Party Software and Services. The Apps and the Service may be incorporated into, and may incorporate, technology, software and services owned and controlled by third-parties. Use of such third-party software or services is subject to the terms and conditions of the applicable third-party license agreements (including, without limitation, terms of use and terms of service agreements posted on third-party websites and privacy policies posted on third-party websites), and you agree to look solely to the applicable third-party and not to the Company to enforce any of your rights in relation thereto.

10. Submitted Content

10.1. Content of Communications. The Company is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service. By using the Service, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. The content of communications may be protected by intellectual property rights, which are owned by third-parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner; (ii) a falsehood or misrepresentation; (iii) unlawful or illegal, defamatory, harmful, abusive, hateful, racially or ethnically offensive that encourages conduct that would be considered a criminal offence; (iv) an advertisement or solicitation of business; or (v) impersonating another person. The Company may in its sole discretion terminate this ToU and disable your account if you use any content that is in breach of these Terms.

10.2 The Company does not claim ownership of any communications or materials you submit or make available through the Apps, the Site and/or the Service (“Submitted Content”) via any function on the Site, the Apps and/or Service which allows you to post, upload, edit, and/or share content. With respect to such Submitted Content, you grant the Company a worldwide, royalty-free, fully paid-up and non-exclusive license to use and transmit such Submitted Content or any part of such Submitted Content solely on the Apps, the Site and/or the Service for the sole purpose of making available and operating the Apps, the Site and/or the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 10.2. You acknowledge and agree that: (i) by using the Apps, the Site and/or Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and the Company has no responsibility to you or any third-party for any Submitted Content that you create, submit, post or publish on the Apps, the Site, and/or Service; and (iii) the Company is not responsible for any Submitted Content that you may have access to through your use of the Apps, the Site and/or Services and all Submitted Content are the responsibility of the person from whom such Submitted Content originated. We reserve the right to disable your account and/or your access to the Apps, the Site and/or Services if you violate this ToU. You acknowledge and agree that (i) the Company has no control over and is not responsible for the use of Submitted Content by a user, including any user that has uploaded such Submitted Content to such user’s personal device; and (ii) the Company may not be able to remove certain Submitted Content that is uploaded onto another user’s device. The Company does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

10.3 You acknowledge that the Submitted Content is your sole responsibility. You are entirely responsible for the Submitted Content and agree, under no circumstance, will the Company be liable in any way for Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service

11. Children

The Apps, the Site and the Service are not directed toward children under 16 years of age nor does the Company knowingly collect information from children under 16 or allow them to create an account or access account features. If you are minor and are 16 years of age or older, you must have parental consent to create an account or access the Service. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.

12. Disclaimer of Warranties

The following section is a disclaimer of our warranties. Please read it carefully.

12.1 You understand and agree that your use of the Apps, the Site and/or the Service is at your sole risk and that the Apps, the Site and/or the Service are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.

12.2 To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.

12.3 The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Apps, the Site and/or the Service.

12.4 The Company does not represent or warrant that (a) you will be able to access or use the Apps, the Site and/or the Service at the times or locations of your choosing; (b) that operation of the Apps, the Site and/or the Service will be uninterrupted, timely, error-free; (c) your use of the Apps, the Site and/or the Service will meet your requirements; (d) defects in the operation of the Apps, the Site and/or the Service will be corrected; or (e) the Apps, the Site and/or the Service is free of viruses or other harmful components.

12.5 You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Site and/or the Service is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

13. Limitation of Liability; Sole and Exclusive Remedy

The following section limits our liability. Please read it carefully.

13.1 To the maximum extent permitted by applicable law, the Company, its affiliates, licensors and business partners (collectively, the “Related Parties”) shall not be liable to you, under any contract, tort (including negligence), strict liability or other legal or equitable theory, for:

a. Any direct, indirect, incidental, consequential, special or exemplary damages, including loss of profits, use, data or goodwill, arising out of or in any way connected with access to or use of the Apps, the Site and/or the Service, even if the Company and/or the Related Parties have been advised or should have been aware of the possibility of any such losses or damages;

b. The cost of procurement of substitute goods, services or technology; or

c. The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the Apps, the Site and/or the Service.

13.2 Without limiting the foregoing, in no case shall the liability of the Company or any of the Related Parties exceed one hundred dollars ($100). Other than in connection with a party’s indemnification obligations hereunder, in no event will either your or your organization’s on the one hand, or Company’s on the other, aggregate liability arising out of or related to this Agreement exceed the total amount paid by you or your organization hereunder in the twelve (12) months preceding the last event giving rise to liability.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its Related Parties shall be limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend and hold the Company and the Related Parties harmless from any and all claims, demands, damages or other losses, including without limitation reasonable attorneys’ fees, resulting from or arising out of (i) your use of the Apps, the Site and/or the Service, (ii) the Submitted Content, (iii) your inability to use the Service, including your inability to contact Emergency Services or any interaction with Emergency Services, or (iv) your breach of this ToU or any other policies that the Company may issue for the Apps, the Site and/or the Service from time to time.

15. Governing Law; Jurisdiction

16. Dispute Resolution; Arbitration

17. General Terms

18. Utilizing Your Computer or Other Devices

19. Privacy Policy

20. Your legal rights as a data subject

21. Questions? Contact Us