Terms of Service
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Bokaq Inc., doing business as W¿LL ("Company," "W¿LL," "we," "our," or "us") governing your access to and use of the W¿LL mobile application and related services (collectively, the "Service").
By creating an account or using the Service, you confirm that you are at least 18 years of age, that you have read and understood these Terms, and that you agree to be bound by them. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 18 years old to use W¿LL. The Service is designed to help users discover nightlife venues, which may include bars, clubs, and establishments that serve alcohol. By using W¿LL, you represent and warrant that:
- You are 18 years of age or older;
- You have the legal capacity to enter into a binding agreement;
- You are not prohibited from using the Service under any applicable law;
- Any information you provide is accurate and truthful.
We reserve the right to terminate accounts of users who misrepresent their age.
3. Your Account
3.1 Account Creation
You must create an account to access most features of W¿LL. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
3.2 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@whatsitlookinglike.com if you suspect unauthorized access to your account. We are not liable for any loss or damage arising from your failure to protect your credentials.
3.3 One Account Per Person
You may not create more than one personal account. Creating multiple accounts to circumvent a ban, manipulate ratings, or game any feature of the Service is prohibited and will result in permanent termination of all associated accounts.
4. User-Generated Content
4.1 Your Content
W¿LL allows you to submit ratings, reviews, photos, venue suggestions, and other content ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant W¿LL a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and adapt your User Content in connection with operating and promoting the Service.
4.2 Content Standards
You agree that you will not submit User Content that:
- Is false, misleading, or defamatory;
- Constitutes a fake, incentivized, or manipulated rating;
- Was not submitted in good faith based on a genuine personal experience;
- Contains hate speech, harassment, threats, or discriminatory content targeting individuals or groups based on race, ethnicity, gender, sexual orientation, religion, disability, or other protected characteristics;
- Is sexually explicit or pornographic;
- Depicts or promotes illegal activity, violence, or self-harm;
- Infringes any copyright, trademark, or other intellectual property rights of a third party;
- Contains spam, advertisements, or solicitation of other users;
- Reveals private information about another person without their consent.
4.3 Rating Integrity
W¿LL uses location data to validate that ratings are submitted from or near the venue being rated. Submitting ratings for venues you have not visited, coordinating with others to boost or suppress ratings, or any other form of rating manipulation is a material breach of these Terms and grounds for immediate account termination.
4.4 Content Moderation
We reserve the right (but have no obligation) to review, moderate, remove, or refuse any User Content at our sole discretion, at any time, without notice, for any reason including violation of these Terms or our Community Guidelines. You may report objectionable content or abusive users from within the app, and we will review reports and take appropriate action, which may include removing content or terminating accounts.
4.5 Photo Retention After Deletion
When you delete your account or request removal of a photo, we remove your photos from the Service and disassociate them from your identity. We may retain de-identified or anonymized copies of photos that have been incorporated into aggregate, historical venue records for quality-assurance and moderation purposes; such copies are not linked to your account or personal information. Our handling of your data is further described in our Privacy Policy.
5. Venue Submissions and Business Claims
5.1 Submitting a Venue
Users may submit new venues for inclusion in W¿LL. By submitting a venue, you represent that the information provided is accurate to the best of your knowledge. W¿LL reviews all venue submissions before they are published and may edit, reject, or modify submissions at our discretion.
5.2 Business Owner Claims
Venue operators may claim ownership of a listed venue. By submitting a business claim, you represent that you are an authorized representative of the venue and that any documentation submitted is genuine. Fraudulent ownership claims are a violation of these Terms and may be reported to relevant authorities.
5.3 Owner Dashboard
Verified venue owners gain access to an Owner Dashboard with engagement analytics and the ability to respond to certain content. Owners may not use the dashboard to manipulate ratings, suppress negative reviews, or contact users without consent. W¿LL may revoke owner status at any time for abuse of these privileges.
6. Prohibited Conduct
In addition to the content standards above, you agree not to:
- Use the Service for any unlawful purpose or in violation of any local, state, national, or international law;
- Attempt to gain unauthorized access to any part of the Service, other users' accounts, or our infrastructure;
- Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the application;
- Use automated scripts, bots, crawlers, or scrapers to access or collect data from the Service;
- Transmit viruses, malware, or any other harmful code;
- Impersonate any person or entity, or falsely claim an affiliation;
- Interfere with or disrupt the integrity or performance of the Service;
- Use the Service to send unsolicited communications to other users;
- Attempt to circumvent any security or rate-limiting features of the Service;
- Use the Service in any manner that could damage, overburden, or impair our servers or networks.
7. Intellectual Property
The W¿LL name, logo, trade dress, and all software, design, text, graphics, and other content created by W¿LL (excluding User Content) are the intellectual property of Bokaq Inc. and are protected by applicable copyright, trademark, and other laws. You may not use, reproduce, modify, or distribute any W¿LL intellectual property without our prior written consent.
8. Push Notifications and Communications
By creating an account, you consent to receive transactional communications from W¿LL, including account verification emails, password reset emails, and important service updates. You may opt into push notifications within the app and disable them at any time in your device settings. We will send marketing or promotional communications only with your separate consent, and you may opt out at any time.
9. Third-Party Services
The Service integrates with or links to third-party services (including Google Maps, venue websites, and social platforms). Your use of those services is governed by their respective terms and privacy policies. W¿LL is not responsible for the content, practices, or availability of any third-party service.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
W¿LL does not warrant that:
- The Service will be available at all times or in all locations;
- Any venue information, ratings, or hours listed in the Service are accurate or current;
- The Service will meet your specific requirements;
- Any errors or defects will be corrected.
Venue information in W¿LL is user-generated and community-sourced. Always verify venue hours, events, and entry requirements directly with the venue before visiting. W¿LL is not responsible for closed venues, changed hours, denied entry, or any experience at a physical venue.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, W¿LL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL W¿LL'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Bokaq Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Service; or (d) your violation of any rights of a third party.
13. Termination
13.1 By You
You may delete your account at any time through the app's Settings screen. Deletion is permanent and will remove your personal data subject to our Privacy Policy and data retention obligations.
13.2 By W¿LL
We may suspend or terminate your account, with or without notice, if we determine in our sole discretion that you have violated these Terms, engaged in fraudulent activity, or for any other reason at our discretion. Upon termination, your right to use the Service immediately ceases. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia, and you consent to personal jurisdiction in those courts.
Informal Resolution: Before filing any formal claim, you agree to contact us at contact@thewilltechnologies.com and attempt to resolve the dispute informally for at least 30 days.
15. Changes to These Terms
We may modify these Terms at any time. When we make material changes, we will provide at least 30 days' notice via push notification or email before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Service and delete your account.
16. Platform-Specific Terms (Apple App Store and Google Play)
These Terms apply to your use of W¿LL however you obtain it. The following additional terms apply when you download W¿LL from the Apple App Store or Google Play. In the event of any conflict between these Terms and the applicable app store's terms, the app store's terms will govern solely with respect to the matters they address.
16.1 Acknowledgment
These Terms are concluded between you and Bokaq Inc. only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Bokaq Inc., not Apple or Google, is solely responsible for W¿LL and its content. The app store providers have no obligation whatsoever to furnish any maintenance or support services for W¿LL.
16.2 Scope of License
The license granted to you for W¿LL is limited to a non-transferable license to use the application on any Apple-branded or Android device that you own or control, as permitted by the Usage Rules set forth in the applicable app store's terms of service.
16.3 Maintenance and Support
Bokaq Inc. is solely responsible for providing any maintenance and support services for W¿LL, as specified in these Terms or as required under applicable law. You acknowledge that neither Apple nor Google has any obligation to furnish any maintenance or support services for W¿LL.
16.4 Warranty
Bokaq Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If W¿LL fails to conform to any applicable warranty, you may notify Apple (for iOS downloads), and Apple will refund any purchase price paid for the application (if any); to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to W¿LL. As between Bokaq Inc. and the app store providers, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Bokaq Inc.
16.5 Product Claims
Bokaq Inc., not Apple or Google, is responsible for addressing any claims by you or any third party relating to W¿LL or your possession and use of it, including: (a) product liability claims; (b) any claim that W¿LL fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
16.6 Intellectual Property Claims
In the event of any third-party claim that W¿LL or your possession and use of it infringes that third party's intellectual property rights, Bokaq Inc., not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
16.7 Legal Compliance
You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
16.8 Third-Party Beneficiary
You acknowledge and agree that Apple and Google, and their respective subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, the applicable app store provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
16.9 Developer Contact
For any questions, complaints, or claims regarding W¿LL, contact us at support@whatsitlookinglike.com.
17. Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bokaq Inc. regarding the Service.
- Severability: If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.
- No Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
- Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.
- Force Majeure: W¿LL is not liable for any delay or failure to perform resulting from causes beyond our reasonable control.
18. Contact Us
For questions about these Terms:
Bokaq Inc. (d/b/a W¿LL)
Email: contact@thewilltechnologies.com
Atlanta, Georgia, United States
For support: support@whatsitlookinglike.com