Terms and Conditions
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS MOBILE APPLICATION OR ORDERING PRODUCTS / SERVICES FROM THIS MOBILE APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this Mobile Application, WIBELY (the "Mobile Application"), Wibely Proprietary Limited (in short, "Wibely") ("Wibely Pty Ltd") offer of products / services for purchase on this Mobile Application, or your purchase of products / services available on this Mobile Application. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
Wibely reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Mobile Application. Wibely will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Mobile Application.
Your use of the Mobile Application following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Wibely encourages you to review this Agreement whenever you visit the Mobile Application to make sure that you understand the terms and conditions governing use of the Mobile Application.
This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Wibely for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Mobile Application.
I. Products / Services
Terms of Offer
This Mobile Application offers for sale certain products / services (the "Products / Services"). By placing an order for Products / Services through this Mobile Application, you agree to the terms set forth in this Agreement.
Customer Solicitation
Unless you notify our third party call center representatives or direct Wibely sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Wibely and its designated in house or third party call team(s).
Opt Out Procedure
We provide 2 easy ways to opt out of from future solicitations:
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: info@wibely.com
Proprietary Rights
Wibely has proprietary rights and trade secrets in the Products / Services. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed and/or any Service rendered by Wibely. Wibely also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Tax
If you purchase any Products / Services, you will be responsible for paying any applicable tax.
II. Mobile Application
Content; Intellectual Property; Third Party Links
In addition to making Products / Services available, this Mobile Application also offers information and marketing materials. This Mobile Application also offers information, both directly and through indirect links to third-party websites.
Wibely does not always create the information offered on this Mobile Application; instead the information may be gathered from other sources. To the extent that Wibely does create the content on this Mobile Application, such content is protected by intellectual property laws of the India, foreign nations, and international bodies.
Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Mobile Application is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Wibely does not endorse the contents on any such third-party websites.
Wibely is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Mobile Application
Wibely is not responsible for any damages resulting from use of this Mobile Application by anyone. You will not use the Mobile Application for illegal purposes. You will:
- Abide by all applicable local, state, national, and international laws and regulations in your use of the Mobile Application (including laws regarding intellectual property)
- Not interfere with or disrupt the use and enjoyment of the Mobile Application by other users
- Not resell material on the Mobile Application
- Not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication
- Not defame, harass, abuse, or disrupt other users of the Mobile Application
License
By using this Mobile Application, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Mobile Application in connection with your normal, noncommercial, use of the Mobile Application. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Wibely or the applicable third party (if third party content is at issue).
Posting
By posting, storing, or transmitting any content on the Mobile Application, you hereby grant Wibely a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
Wibely does not have the ability to control the nature of the user-generated content offered through the Mobile Application. You are solely responsible for your interactions with other users of the Mobile Application and any content you post. Wibely is not liable for any damage or harm resulting from any posts by or interactions between users.
Wibely reserves the right, but has no obligation, to monitor interactions between and among users of the Mobile Application and to remove any content Wibely deems objectionable, in Wibely's sole discretion.
II-A. Direct Messaging Terms of Use ("Wibe Messaging")
The following terms govern your use of the direct messaging feature ("Wibe Messaging") within the Mobile Application:
1. Nature of Service
Wibe Messaging enables direct, private communication between users of the Mobile Application. Messages are transmitted through third-party cloud infrastructure and stored on cloud servers.
2. No End-to-End Encryption
Messages sent through Wibe Messaging are NOT end-to-end encrypted. While we use encryption in transit and at rest, Wibely has the technical capability to access message content for safety, moderation, legal compliance, and service improvement purposes. Do not share highly sensitive information (passwords, financial data, confidential business information) through messaging.
3. Message Content Responsibility
You are solely responsible for the content of all messages you send. By using Wibe Messaging, you agree NOT to:
- Send unsolicited commercial messages, spam, or promotional content
- Harass, threaten, stalk, intimidate, or bully other users
- Send sexually explicit, pornographic, or obscene content
- Send content that is illegal, defamatory, discriminatory, or violates any applicable law
- Share malware, viruses, phishing links, or other malicious content
- Impersonate other users, celebrities, or any person or entity
- Attempt to collect personal information from other users for unauthorized purposes
- Use messaging to circumvent user blocks or account bans
- Coordinate or promote illegal activities
- Share content that infringes intellectual property rights of others
- Send content that exploits minors in any way
4. Privacy by Design - No Media Uploads
Wibe Messaging is intentionally designed without media upload capabilities. You cannot send photos, videos, or files from your device through chat. Instead, you share content by sending "Wibes" - references to entertainment content like movies, music, books, and games. This design protects your privacy by ensuring personal media on your device cannot be accidentally or intentionally shared through messaging.
5. No Privacy from Recipients
Once you send a message, you have no control over what the recipient does with it. Recipients may screenshot, copy, share, or forward your messages to others. Wibely is not responsible for any actions taken by message recipients.
6. Message and Notification Delivery
Wibely does not guarantee the delivery, receipt, or timeliness of any message or push notification. Messages and notifications may be delayed, lost, or undelivered due to technical issues, network problems, device status, or service interruptions. Wibely is not liable for any damages resulting from undelivered or delayed messages or notifications.
7. Read Receipts and Presence
By using Wibe Messaging, you acknowledge that other users may see when you are online, when you were last active, when you are typing, and when you have read their messages (unless you disable these features in settings where available).
8. Content Filtering
We may apply automated content filtering to messages to help reduce profanity and offensive language. These measures are provided on a best-effort basis and are not guaranteed to catch all inappropriate content. This filtering may occasionally affect legitimate content.
9. Message Limits
Message length limits are enforced automatically.
10. Reporting and Moderation
Users may report messages that violate these terms. Reported messages may be reviewed by Wibely staff. We reserve the right to:
- Delete messages or entire conversations that violate our terms
- Restrict or disable messaging features for violating users
- Suspend or terminate accounts for repeated or severe violations
- Report illegal content to appropriate law enforcement authorities
- Cooperate with law enforcement investigations as required by law
11. Blocking Users
You may block other users to prevent them from messaging you. Blocked users will not be notified of the block. Creating new accounts to circumvent blocks is a violation of these terms.
12. Archiving Conversations
You may archive conversations to hide them from your main chat list. This is a local preference and does not affect the other participant.
13. Message Deletion
- "Delete for Me" removes the message from your view only; the other participant may still see it
- "Delete for Everyone" removes the message content for all participants (subject to time limits)
- Deleted messages may persist in backups for up to 90 days
- We cannot guarantee that deleted messages have not already been seen, screenshot, or copied by recipients
14. Account Deletion Effect
When you delete your Wibely account, your profile information is anonymized to "Deleted User" in existing conversations. The other party retains access to the conversation history but will see your messages attributed to "Deleted User" and will not be able to send you new messages.
15. No Liability for User Communications
WIBELY IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR THE CONTENT OF MESSAGES SENT BETWEEN USERS. ANY DISPUTES ARISING FROM USER COMMUNICATIONS ARE SOLELY BETWEEN THE USERS INVOLVED. WIBELY IS NOT A PARTY TO ANY PRIVATE COMMUNICATIONS AND HAS NO OBLIGATION TO MONITOR, MEDIATE, OR RESOLVE DISPUTES.
16. Minors
Users under the age of 16 are not permitted to use Wibe Messaging. Users aged 16-17 should only communicate with people they know and trust in real life.
17. Emergency Services
Wibe Messaging is not a substitute for emergency services. In case of emergency, contact your local emergency services directly.
18. Service Availability
Messaging features may be unavailable due to maintenance, updates, technical issues, or at Wibely's sole discretion. We are not liable for any damages resulting from service unavailability.
19. Shared Content ("Wibes")
When you share entertainment content (movies, shows, music, books, games) through messaging, you are sharing references to third-party content. Wibely does not host this content and is not responsible for its availability, accuracy, or appropriateness.
II-B. AI-Powered Features Terms of Use
The following terms govern your use of AI-powered features within the Mobile Application:
1. Nature of AI Service
Wibely includes AI-powered features including a chat assistant ("Wibely AI") for entertainment discovery, recommendations, and enhanced user experience. AI responses are generated by third-party AI service providers and are not created by Wibely staff.
2. No Guarantees of Accuracy
AI-generated content is provided "AS IS" without any warranties of any kind. We do not guarantee the accuracy, completeness, reliability, or appropriateness of AI responses. AI may produce incorrect, outdated, or misleading information.
3. User Responsibility
You are solely responsible for evaluating and verifying any AI-generated recommendations or information. Do not rely on AI responses for critical, financial, medical, legal, or safety-related decisions.
4. Prohibited Uses of AI Features
You may NOT use AI features to:
- Generate illegal, harmful, defamatory, or inappropriate content
- Attempt to manipulate, deceive, or "jailbreak" the AI system
- Use AI outputs for commercial purposes without express written permission from Wibely
- Impersonate the AI or misrepresent AI-generated content as human-generated
- Extract, reverse engineer, or attempt to discover the underlying AI models or prompts
- Generate content that infringes on intellectual property rights
- Harass, abuse, or harm others using AI-generated content
- Circumvent any safety measures or content filters built into the AI system
5. Data Processing by AI Providers
Your conversations with AI features may be processed by third-party AI service providers. These providers may change as we improve our services.
These providers have their own terms of service and privacy policies. By using AI features, you consent to your data being processed by these providers. Do not share sensitive personal information, passwords, financial details, or confidential information in AI conversations.
6. No Confidentiality
AI conversations are not confidential. Your inputs may be used by AI providers for service improvement purposes subject to their respective privacy policies.
7. AI Availability
AI features may be unavailable, limited, or degraded due to:
- Third-party AI service outages or limitations
- Rate limiting or usage quotas
- Maintenance or updates
- Technical issues
- Wibely's sole discretion
We are not liable for any damages resulting from AI feature unavailability.
8. Changes to AI Services
We may modify, suspend, or discontinue AI features at any time without notice. We may change AI providers, models, or capabilities without prior notification.
9. No Liability for AI Content
WIBELY IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR AI-GENERATED CONTENT. YOU USE AI FEATURES AT YOUR OWN RISK. WIBELY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR RELIANCE ON AI-GENERATED CONTENT.
10. Intellectual Property
AI-generated content may be subject to intellectual property restrictions. You are responsible for ensuring your use of AI outputs does not infringe on third-party rights.
11. Feedback and Improvements
Any feedback you provide about AI features may be used by Wibely to improve our services without compensation to you.
II-C. Group Messaging Terms of Use ("Group Wibes")
The following terms govern your use of the group messaging feature ("Group Wibes") within the Mobile Application. Group messaging is subject to all terms in Section II-A (Direct Messaging) except where specifically noted below. In case of conflict, the terms in this section take precedence for group messaging.
1. Nature of Group Messaging Service
Group Wibes enables group communication between multiple users (up to 10 members per group, maximum 2 groups per user). Groups are created by users and managed by designated group administrators. Messages are transmitted through third-party cloud infrastructure and stored on cloud servers.
2. Group Creation and Membership
- Any user may create a group by selecting mutual friends as members
- Groups require a minimum of 3 members and a maximum of 10 members
- Users may be part of a maximum of 2 groups at any time
- The group creator is automatically designated as the initial group administrator
- By being added to a group, your profile information (name, username, profile photo) becomes visible to all group members
- Group names are limited to 50 characters and group descriptions to 500 characters
3. Group Administrator Role and Responsibilities
- Group administrators ("admins") have additional powers including: adding and removing members, promoting and demoting other admins, changing the group name, description, and avatar, and deleting the group
- Group admins are NOT employees, agents, or representatives of Wibely. Admin actions are the sole responsibility of the admin who takes them
- Admins must exercise their powers in compliance with this Agreement and all applicable laws
- A group must have at least one admin at all times. If the last admin leaves the group, the longest-standing member is automatically promoted to admin
- The group creator has additional rights including the ability to delete the entire group
- Wibely reserves the right to override admin decisions, remove admins, or dissolve groups that violate this Agreement
4. Group Member Data Visibility
- All group members can see each other's profile name, username, and profile photo
- Online status, last seen time, and typing indicators may be visible to group members (subject to your privacy settings)
- Read receipts in groups show which members have read messages
- Group membership changes (joining, leaving, being added or removed) are logged as system messages visible to all group members
- Admin role changes are visible to all group members
5. Group-Specific Prohibited Conduct
In addition to the prohibited conduct listed in Section II-A, you agree NOT to:
- Create groups for the purpose of sharing prohibited, illegal, or harmful content
- Use groups to coordinate harassment, bullying, or abuse of other users
- Abuse admin powers to arbitrarily remove, silence, or discriminate against group members
- Share personal information of others (doxxing) within group conversations. Under Australian law, doxxing is a criminal offence carrying penalties of up to 7 years imprisonment
- Use groups to circumvent individual user blocks or account restrictions
- Add users to groups for the purpose of harassment or spam
6. Group Content Responsibility
- You are solely responsible for messages you send in group conversations
- Group admins are responsible for exercising reasonable moderation within their groups
- Wibely is not responsible for content posted by any group member, including admins
- All group members share responsibility for reporting violations they observe within the group
7. Group Media and Avatars
- Group admins may set a group avatar (profile picture) which is uploaded and stored on our cloud infrastructure
- Group avatars are visible to all group members and may appear in notifications and message previews
- The "no media uploads" design of direct messaging also applies to group messaging — you cannot send photos, videos, or files from your device; you share entertainment content through "Wibes"
8. Leaving and Being Removed from Groups
- You may leave any group at any time without notification to other members beyond a system message
- Admins may remove members from the group
- When you leave or are removed from a group, you will no longer have access to the group conversation
- Messages you sent in the group prior to leaving may still be visible to remaining members
- System messages recording your departure will be visible to group members
9. Account Deletion Effect on Groups
When you delete your Wibely account:
- Your profile information is anonymized to "Deleted User" in all group conversations you were a member of
- Messages you sent in groups will be attributed to "Deleted User" and remain visible to other group members
- If you were the sole admin of a group, the longest-standing member will be automatically promoted to admin
- If you were the group creator, admin rights transfer to the next admin or promoted member
- Other group members will not be able to send you new messages or see your profile information
- Your membership is removed from all groups
10. Group Dissolution
- The group creator or admins may delete the entire group
- When a group is deleted, all messages and group data are permanently removed for all members
- If the last member leaves a group, the group is automatically dissolved
- Wibely reserves the right to dissolve any group that violates this Agreement
11. Reporting and Moderation in Groups
- Any group member may report individual messages or the entire group for violations
- Reports are anonymous — other group members will not be notified of who submitted a report
- Wibely may take action including: removing specific messages, removing members, removing admins, dissolving groups, or suspending/terminating accounts of violating users
12. Group Notifications
- Group activity generates push notifications including new messages, member additions, and system events
- You may mute group notifications per-group without leaving the group
- Notification content may include the group name, sender name, and a message preview
13. No Liability for Group Communications
WIBELY IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR THE CONTENT OF GROUP MESSAGES, GROUP ADMIN DECISIONS, GROUP MANAGEMENT ACTIONS, OR ANY DISPUTES BETWEEN GROUP MEMBERS. YOU PARTICIPATE IN GROUPS AT YOUR OWN RISK. WIBELY IS NOT A PARTY TO GROUP COMMUNICATIONS AND HAS NO OBLIGATION TO MONITOR, MEDIATE, OR RESOLVE GROUP DISPUTES.
14. Minors in Groups
Users under the age of 16 are not permitted to use group messaging. Users aged 16-17 should only join groups with people they know and trust in real life. Group admins must not knowingly add users below the minimum age to groups. If we discover that a minor below the minimum age has been added to a group, we will remove them and may terminate their account.
III. Disclaimer of Warranties
YOUR USE OF THIS MOBILE APPLICATION AND/OR PRODUCTS AND/OR SERVICES ARE AT YOUR SOLE RISK. THE MOBILE APPLICATION AND PRODUCTS AND/OR SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WIBELY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR MOBILE APPLICATION CONTENT, OR ANY RELIANCE UPON OR USE OF THE MOBILE APPLICATION CONTENT OR PRODUCTS AND/OR SERVICES. ("PRODUCTS / SERVICES" INCLUDE TRIAL PRODUCTS / SERVICES.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WIBELY MAKES NO WARRANTY:
- THAT THE INFORMATION PROVIDED ON THIS MOBILE APPLICATION IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS MOBILE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND/OR SERVICES OR THAT DEFECTS IN PRODUCTS AND/OR SERVICES WILL BE CORRECTED.
- REGARDING ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE MOBILE APPLICATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. Limitation of Liability
WIBELY ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE MOBILE APPLICATION CONTENT AND PRODUCTS / SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE MOBILE APPLICATION.
WIBELY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE MOBILE APPLICATION CONTENT OR PRODUCTS / SERVICES
- THE COST OF PROCURING SUBSTITUTE PRODUCTS AND/OR SERVICES AND/OR OR CONTENT
- ANY PRODUCTS PURCHASED OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE MOBILE APPLICATION
- ANY LOST PROFITS YOU ALLEGE
- ANY MESSAGES SENT, RECEIVED, NOT DELIVERED, OR INTERCEPTED THROUGH THE WIBE MESSAGING FEATURE, INCLUDING BOTH DIRECT AND GROUP MESSAGES
- ANY DISPUTES, DAMAGES, OR HARM ARISING FROM COMMUNICATIONS BETWEEN USERS, WHETHER IN DIRECT OR GROUP CONVERSATIONS
- ANY ACTIONS TAKEN BY RECIPIENTS OF YOUR MESSAGES, INCLUDING OTHER GROUP MEMBERS
- ANY LOSS OF DATA, INCLUDING MESSAGE HISTORY AND GROUP DATA
- ANY ACTIONS TAKEN BY GROUP ADMINISTRATORS, INCLUDING MEMBER REMOVAL, GROUP DELETION, OR ADMIN MANAGEMENT DECISIONS
- ANY HARM ARISING FROM YOUR PARTICIPATION IN OR EXCLUSION FROM GROUP CONVERSATIONS
- ANY CONTENT SHARED BY OTHER MEMBERS IN GROUPS YOU PARTICIPATE IN
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. Indemnification
You will release, indemnify, defend and hold harmless Wibely, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:
- This Agreement or the breach of your warranties, representations and obligations under this Agreement
- The Mobile Application content or your use of the Mobile Application content
- The Products / Services or your use of the Products / Services (including Trial Products / Services)
- Any intellectual property or other proprietary right of any person or entity
- Your violation of any provision of this Agreement
- Any information or data you supplied to Wibely
- Any messages or communications you send through Wibe Messaging, including both direct and group messages
- Any claims arising from other users based on your messages or communications in direct or group conversations
- Any harm resulting from your use of the messaging features, including group messaging
- Any actions you take as a group administrator, including adding or removing members, modifying group settings, or managing group content
- Any claims arising from your participation in, creation of, or administration of group conversations
When Wibely is threatened with suit or sued by a third party, Wibely may seek written assurances from you concerning your promise to indemnify Wibely; your failure to provide such assurances may be considered by Wibely to be a material breach of this Agreement.
Wibely will have the right to participate in any defense by you of a third-party claim related to your use of any of the Mobile Application content or Products or Services, with counsel of Wibely choice at its expense. Wibely will reasonably cooperate in any defense by you of a third-party claim at your request and expense.
You will have sole responsibility to defend Wibely against any claim, but you must receive Wibely prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Mobile Application or Products and/or Services.
VI. Privacy
Wibely believes strongly in protecting user privacy and providing you with notice of Wibely's use of data. Please refer to Wibely privacy policy, incorporated by reference herein that is posted on the Mobile Application.
The Privacy Policy includes detailed information about how we collect, use, and protect data associated with Wibe Messaging, including message content, delivery status, presence information, and user interactions.
VII. Agreement to be Bound
By using this Mobile Application or ordering Products and/or Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Mobile Application.
VIII. General
Force Majeure
Wibely will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott, third-party service outages (including but not limited to cloud infrastructure, hosting, or push notification services), internet service provider failures, power outages, or any other event beyond Wibely's reasonable control.
Cessation of Operation
Wibely may at any time, in its sole discretion and without advance notice to you, cease operation of the Mobile Application and distribution of the Products and/or Services.
Entire Agreement
This Agreement comprises the entire agreement between you and Wibely and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver
The failure of Wibely to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction
This Mobile Application originates from Sydney, NSW. This Agreement will be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law principles to the contrary.
Neither you nor Wibely will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of New South Wales.
By using this Mobile Application or ordering Products and/or Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
Waiver of Class Action Rights
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination
Wibely reserves the right to terminate your access to the Mobile Application if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.
Following termination, you will not be permitted to use the Mobile Application and Wibely may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products and/or Services.
If your access to the Mobile Application is terminated, Wibely reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Mobile Application. This Agreement will survive indefinitely unless and until Wibely chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use
Wibely makes no representation that the Mobile Application or Products or Services are appropriate or available for use in locations other than India, Australia and the USA. Users who access the Mobile Application from outside the above locations do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Mobile Application, you agree to first attempt to resolve the dispute informally by contacting us at info@wibely.com with a written description of the dispute. We will attempt to resolve the dispute within 30 days.
If the dispute cannot be resolved informally within 30 days, either party may pursue formal resolution through the courts of New South Wales, Australia as outlined in the Governing Law section above. Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.
Assignment
You may not assign your rights and obligations under this Agreement to anyone. Wibely may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
IX. Messaging-Specific Acknowledgments
By using Wibe Messaging (including both direct and group messaging), you specifically acknowledge and agree that:
- Messages are NOT end-to-end encrypted and Wibely may access message content for safety, legal, and moderation purposes.
- You have no expectation of privacy from message recipients who may screenshot, copy, or share your messages. In group conversations, all group members can see your messages.
- Wibely is not responsible for the content of messages between users or any harm arising from user communications, whether in direct or group conversations.
- Message delivery is not guaranteed and Wibely is not liable for undelivered, delayed, or lost messages.
- Your online status, typing indicators, and read receipts may be visible to other users, including all members of groups you belong to.
- You will not use messaging for any illegal, harmful, harassing, or inappropriate purposes.
- Violations of messaging terms may result in message removal, group removal, account suspension, or termination.
- Deleted messages may persist in backups and may have already been viewed or saved by recipients.
- This service is not intended for users under 16.
- In case of emergency, you will contact local emergency services directly and not rely on this messaging service.
- When you are added to a group, your profile information (name, username, profile photo) becomes visible to all group members.
- Group administrators are not agents of Wibely, and Wibely is not responsible for admin decisions regarding group management.
- When you leave or are removed from a group, messages you previously sent may still be visible to remaining members.
- You may use in-app reporting to report any safety concerns related to messaging.
BY USING THIS MOBILE APPLICATION OR ORDERING PRODUCTS AND/OR SERVICES FROM THIS MOBILE APPLICATION, INCLUDING THE WIBE MESSAGING FEATURE (DIRECT AND GROUP MESSAGING), YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.