Terms of Service

Overview

At Wedtron our goal is to make weddings and events better, by making them more interactive and participatory. Many parties are celebrations that we host to remember the milestones of our lives. 

By using the Wedtron Service, you acknowledge that you accept these Terms of Service (“Terms”) that describe our commitments to you and also your obligations when using our services. Please read them carefully and reach out to us if you have any questions. 

These terms of service cover the following high level area:

  • What we offer

  • What you and your guests are responsible for

  • Your responsibilities concerning content

  • Cancellation policies

  • Warranties and Guarantees

Acknowledgement: These Terms of Service utilize the Terms that the company Automattic has created and generously made available for others to build on. We have done our best to modify them to be applicable for the services that Wedtron offers. Wedtron is offering these terms to others who would like to use them as a template.

Terms of Service

Updated: August  24, 2021


These Terms govern your access to and use of Wedtron, as well as all content and Wedtron products and services (for example, ecommerce services as outlined below in Section 7 available at or through the website, Wedtron mobile applications, Wedtron telecommunications services (collectively, “Services”). These Terms also apply to those who contract the use of Wedtron Services (“Customer”) and those who use the contracted service as provided by Customer collectively referred to as Guests (“Guests”). These Terms also govern visitors’ access to and use of any Customers that use our Services, such as telecommunication messaging services operated by Wedtron that are operated by our Customers. 

Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Wedtron's Privacy Policy), and procedures that may be published from time to time by Wedtron (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

Who’s Who

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.

What we offer

The primary offering of Wedtron is the Wedtron photo sharing service. Utilizing this service is governed by the following once a payment is made: 


  1. A dedicated mobile phone number that is configured to receive text messages and photo messages. The phone number will be active during the specified time listed in the invoice. Wedtron will reasonably work with the customer to find an available U.S.-based phone number that meets the desired characteristics of the phone number based on availability. Example characteristics include but are not limited to area code, repeating digits, certain digits etc.

  2. An account code that can be used with the “Wedtron Viewer” application which will display the content received on the service phone number. The customer can download the “Wedtron Viewer” from the Apple App Store. 

  3. The use of up to 15 simultaneous operations of the “Wedtron Viewer” application. Wedtron reserves the right to charge an additional $10 USD charge per additional client.  

  4. Within seven days after the specified event date as indicated on the invoice, Wedtron will send a digital archive of collected photos and messages to the purchasing customer via electronic delivery mechanisms. 

    1. The photos and messages received will include the sender’s phone number information. Wedtron will not distribute phone number information to anyone beyond the customer and any legal authorities if legally obligated. 

    2. The resolution and quality of the images will be that which was received from the mobile carrier to deliver the messages. The images may be downsampled by the mobile carrier, and Wedtron recommends reaching out to appropriate guest to receive the native resolution if desired. 

    3. Wedtron will delete photos associated with an event within 60 days after the event is held. 

Customer and Guests Responsibilities

Customer is defined as the one who acquires the service. Guests refers to the Customer’s Guests and associates who are informed to use the Wedtron service. 


The Customer and Guests of the Wedtron service acknowledge the following:


  1. Customer and the Customer’s guests are aware that mobile data communication charges for sending and receiving messages to the Wedtron Service are the responsibility of the Customer and the customer’s guests. Customer is responsible for informing Guests that service charges may apply. The charges are determined and set by customer and customer’s guests telecommunication providers. Standard rates apply, including, but not limited to SMS/MMS and data charges associated with sending and receiving messages A Guest (“Guest”) is defined as any individual that has obtained the phone number for the event and sent a message to that phone number. Wedtron is not responsible for those charges.

  2. Customer acknowledges that they will be responsible for informing Guests that Wedtron will provide a digital copy of submitted photos to the Customer. The images will be at the resolution at which the Guest’s sent photo was received by Wedtron communications partners. Telecommunications providers in the course of sending photo and video messages may reduce or alter the resolution of the image in the process of delivering the message.

  3. Customer acknowledges the ability for Guests to share photos and messages is dependent on telecommunication wireless coverage at the event location. Customer is responsible for purchasing Wedtron photo viewing service with the knowledge that telecommunications coverage is sufficient subject to Wedtron Cancellation policies.  

  4. Customer is responsible for establishing connectivity between devices running the Wedtron Viewer and the internet in order for successful operation of the Wedtron photo viewing service.

  5. Customer is responsible for publishing the preconfigured private phone number with appropriate discretion. Customer acknowledges that widely publishing the service number Wedtron Photo Sharing phone number may lead to receiving unsolicited messages and photos; therefore will share with discretion. 

  6. Customer is responsible for notifying those who submit content to Wedtron of the content responsibilities when submitting including the following; 

    1. Guests who submit content to the service phone number assert they own copyright and/or permission to submit photos and other content to the Wedtron photo sharing service.

    2. Guest grants Wedtron the right to provide ”Customer” of the event a copy of any content submitted to the Wedtron service and their associated phone number information. 

    3. Wedtron has not reviewed, and cannot review, all of the Content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to the services by Customer and Guests or anyone else. Therefore, Wedtron is not responsible for any use or effects of such Content.

      1. Wedtron does not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.

      2. Guest who posts Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.

      3. Wedtron disclaims any responsibility for any harm resulting from anyone’s submission of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. This includes links that are sent as part of a message sent to the service.

      4. Wedtron is not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Cancellation policy

Customer has the right to cancel the Wedtron service up to three (3) days before the specified event date listed on the invoice. Wedtron will provide a refund for the full amount paid minus the cancellation fee listed on the invoice.

Disclaimer of Warranties

Our Services are provided “as is.” Wedtron and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Wedtron, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain applications or services through, our Services at your own discretion and risk.

Intellectual Property

The Agreement does not transfer from Wedtron to you any Wedtron or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Wedtron. Wedtron and all other trademarks, service marks, graphics, and logos used in connection with Wedtron or our Services, are trademarks or registered trademarks of Wedtron or Wedtron licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Wedtron or third party trademarks.

Changes

For various reasons we may need to update these Terms of Service and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Wedtron, or by the posting by Wedtron of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. If you choose to stop using our service as a result of a change to these Terms of Service and your event date has not occurred, you are entitled to request a full refund of your purchase price and are not bound to the terms of the Cancellation that were in effect at time of purchase.  Otherwise, your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your service event code or service  phone number due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Wedtron policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and/or burdens our systems (which is rare and typically only occurs when clear abuse is occurring), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

General Representation and Warranty

You represent and warrant that your use of our Services:

  • Will be in strict accordance with these Terms;

  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);

  • Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;

  • Will not infringe or misappropriate the intellectual property rights of any third party;

  • Will not overburden Automattic’s systems, as determined by us in our sole discretion;

  • Will not disclose sensitive personal information of others;

  • Will not be used to send spam or bulk unsolicited messages;

  • Will not interfere with, disrupt, or attack any service or network; and

  • Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.

Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San MateoFrancisco County, California.

Limitation of Liability

In no event will Wedtron, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Wedtron under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Wedtron shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Wedtron, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.

Miscellaneous

The Agreement constitutes the entire agreement between Wedtron and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.