TERMS OF USE

 

Last update occurred on June 15, 2023

 

We welcome you to Wostess! Wostess is a platform accessible via the web, mobile devices, and apps. These Terms of Use apply between you (“Customer”, “User”, “user”) and the following party:

 

MGC Group Srl with registered office in via Filippo Turati, 8 – 20121 Milan as the manager of the Wostess platform

 

The terms "we", "us", "Company" “Manager "Wostess" refer to MGC Group Srl.

 

1. Acceptance of the Agreement on the Terms of Use.

By navigating and/or creating a Wostess account, using a mobile device, a mobile application, or a computer (collectively, the "Service"), accetti di essere vincolatə dai presenti Termini di Utilizzo, dall'Informativa sulla privacy e dall'Informativa sui cookie, ciascuno dei quali è incorporato per riferimento in questo Accordo, e da eventuali termini comunicati e da te accettati se acquisti le funzioni, i prodotti o i servizi aggiuntivi che offriamo sul Servizio (collettivamente, "Agreement"). If you do not agree to be bound by all the terms of this Agreement, we invite you not to use the Service.

 

From time to time, we may make changes to the Agreement and the Service for various reasons, for example, to reflect changes in legislation or legal obligations, new features, or new business practices. The most recent version of this Agreement will be published on the Service in the Settings section, as well as on the Wostess website, and you should regularly consult the most recent version. The most recent version is the applicable version. If the changes include substantial changes to your rights or your obligations, we will notify you at least 30 days in advance (unless it is impossible to do so under the current law) by reasonable means such as notification through the Service or by email. Your continued use of the Service after the changes have taken effect implies acceptance of the revised Agreement.

 

2. Eligibility.

We remind you that to create, access, and use the Service (or systems associated with it), you must comply with the following points:

 

•          You must be of legal age, or whatever age is considered adult in the respective jurisdiction of the User.

•          have the authority to enter into a binding contract with Wostess,

•          not be a person prohibited from using the Service under US law or any other applicable jurisdiction (for example, not appearing on the list "Specially Designated Nationals" of the US Treasury Department, nor are other similar bans applied to you),

•          comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations

•          never have been convicted of serious crimes or punishable offenses (or crimes of similar gravity), sex-related offenses, or any violent crime and not be obliged to register as a sex offender in specific state, federal, or local registers.

 

3. Your account.

To use Wostess, you can register through the website or the app. To learn more about the information we collect about you and how we use it, please read our Privacy Policy.

 

It is your responsibility to maintain the confidentiality of the login credentials used to register on Wostess, and you are solely responsible for all activities that occur with such credentials. If you believe someone has accessed your account, contact us immediately.

 

4. Changes to the Service and Termination.

Wostess is committed to continuously improving the Service and offering those who use it other useful and interesting features. This means that from time to time, we might add new features or improvements or remove some existing functions, and if these actions don't substantially impact your rights or obligations, we might do so without prior notice. We might even suspend the Service entirely, in which case we will notify you in advance unless there are extenuating circumstances, such as security issues, preventing us from doing so.

 

The easiest way to delete your account is to follow the instructions in the "My Profile" section within the Wostess service. Wostess may delete your account at any time and without notice if it believes you have violated this Agreement. Once the account is deleted, you will not be entitled to any refund for purchases made.

 

After the deletion of your account, this Agreement will be terminated.

 

5. Security: interactions with other people on Wostess

Although Wostess strives to promote a respectful experience for every subscriber, it is not responsible for the conduct of each one within or outside of the Service. You agree to use caution in all interactions with other people on Wostess, especially if you decide to communicate with them outside of the Service or meet them in real life. Additionally, before using the Service, you agree to consult our Safe Dating Tips. You also agree not to provide financial information (for example, bank account or credit card data) or to transfer or send money to other people on Wostess.

 

YOU ARE THE ONLY PERSON RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PEOPLE ON WOSTESS. YOU ARE AWARE THAT WOSTESS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON SUBSCRIBED PERSONS NOR INVESTIGATES THEIR PAST IN OTHER WAYS. WOSTESS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OR COMPATIBILITY OF THE REGISTERED PERSONS.

 

6. Rights that Wostess grants you.

Wostess grants the user a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is solely for the purpose of allowing the user to use and enjoy the benefits of the Service as provided by Wostess and permitted by this Agreement.

 

This license and any permission to access the Service are automatically revoked in the following cases:

 

•          using the Service or any content of the Service for commercial purposes without our written permission;

•          copying, modifying, transmitting, creating derivative works, using or reproducing in any way copyrighted materials, images, trademarks, trade names, service marks, or other intellectual property, proprietary content, or proprietary information accessible through the Service without prior written authorization from Wostess;

•          use any robot, bot, spider, crawler, scraper, site retrieval/search application, proxy, or other device, process, or method, manual or automatic, to access, retrieve, index, or perform "data mining" or in any way reproduce or circumvent the navigation structure or the presentation of the Service or its content;

•          use the Service in any manner that could interfere, disrupt, or adversely affect the Service or servers or networks connected to the Service;

•          upload viruses or other malicious code or otherwise compromise the security of the Service;

•          forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service;

•          perform the "framing" or the "mirroring" of any part of the Service without prior written authorization from Wostess;

•          use meta tags or code or other devices containing references to Wostess or the Service (or any trademark, trade name, service mark, logo, or slogan of Wostess) to direct people to other websites for any reason;

•          modify, adapt, sublicense, translate, sell, decode, decipher, decompile, or disassemble any part of the Service or cause others to do so;

•          use or develop third-party applications that interact with the Service or Content or the information of other community members without our written authorization;

•          use, access, or publish the application programming interface of Wostess without our written authorization;

•          probe, scan, or test the vulnerability of our Service or any system or network;

•          encourage or promote any activity that violates this Agreement.

•          Wostess can investigate and take any legal action available in response to illegal and/or unauthorized uses of the Service, including the deletion of your account.

 

In the case of use through a mobile app, any software we provide can automatically download and install updates or new features. You may be able to change these automatic downloads through your device settings.

 

7. Rights you grant to Wostess

By creating an account, you grant Wostess a right and license valid worldwide, transferable, sublicenseable, and royalty-free to host, store, use, copy, display, reproduce, adapt, review, publish, modify, and distribute the information you post, upload, display, or otherwise make available (collectively, "post") on the Service or transmit to other people on Wostess (collectively, "Contents").

 

Wostess's license to your Content will not be exclusive, but it will be in relation to derivative works created through the use of the Service. For example, Wostess's license for screenshots of the Service that include your Content will be exclusive. Furthermore, to allow Wostess to avoid using your Content outside the Service, you authorize Wostess to act on your behalf regarding illicit uses of your Content extracted from the Service by other people on Wostess or third parties.

 

Our license to your Content is subject to your rights provided by applicable law (for example, laws related to the protection of personal data to the extent that the Content includes personal information defined by such laws) and applies for the limited purpose of managing, developing, providing, and improving the Service, as well as seeking and developing new services. You agree that the Content you post or authorize us to post on the Service may be viewed by our community and by anyone visiting or participating in the Service (for example, people who might receive Contents shared by other people on Wostess).

 

You confirm that all the information you provide when creating your account is accurate and true, and you declare that you have the right to publish the Content on the Service and to grant Wostess the license mentioned above.

 

You understand and agree that we may monitor or review the Content you post within the Service. We may delete, in whole or in part, Content that in our sole judgment violates this Agreement or could harm the reputation of the Service.

 

When you communicate with our customer support team, you agree to behave respectfully and kindly. If we believe that your behavior towards those working in customer support or any other person working at Wostess is, at any time, threatening, harassing, or offensive, we reserve the right to immediately delete your account.

 

In light of the authorization to use the Service that Wostess grants you, you accept that we, our affiliated companies, and our external partners may publish advertisements on the Service. By sending Wostess suggestions or feedback regarding the Service, you agree that Wostess can use and share such feedback for any purpose without providing you any compensation.

 

Wostess may access, store, and disclose information about your account and your Content if required by law, to comply with this Agreement, or if in good faith it believes that such access, storage, or disclosure meets a legitimate interest, such as: complying with legal proceedings; enforce the Agreement; respond to claims that Content violates the rights of third parties; respond to your assistance requests; or protect the rights, property, or personal safety of the Company or any other person.

 

8. Wostess Policies

 

By using the Service, you agree not to:

 

•          use the Service for illegal purposes or those prohibited by this Agreement;

•          use the Service for harmful or malicious purposes;

•          use the Service to harm Wostess;

•          send spam, solicit money, or scam any subscriber;

•          pretend to be another individual or entity or post images of other people without their permission;

•          bully, harass, intimidate, assault, offend, mistreat, or defame other people;

•          request/offer paid sexual services to any subscriber;

•          post Content that violates the rights of third parties, including rights against image abuse, privacy, copyright, trademarks, or other intellectual property or contractual rights;

•          post Content that is hateful, threatening, sexually explicit, or pornographic;

•          post Content that showcases violence or displays gratuitous nudity or graphic violence;

•          post Content that promotes racism, intolerance, hate, or physical harm of any kind against groups or individuals;

•          ask other people on Wostess for passwords for any purpose, or personal identification information for illicit or commercial reasons, or spread other people’s personal information without their permission;

•          use other people’s accounts on Wostess, share an account with other people, or manage multiple accounts;

•          create another account if we have already deleted yours, unless you have our permission.

 

Wostess reserves the right to investigate and/or close the user's account without a refund of any purchases if the user has violated this Agreement, misused the Service, or behaved in a manner Wostess considers inappropriate or illegal (including actions, behaviors, or communications that occur inside or outside the Service). If you break these rules, your permission to use the Service will automatically be revoked.

 

9. Contents from other people on Wostess.

While Wostess reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the one who publishes it, and Wostess cannot guarantee that all Content complies with the Agreement. If you notice Content on the Service that violates this Agreement, please report it to us within the Service itself or through the contact form.

 

10. Credits and Purchases.

Browsing Wostess is free. However, to unlock the chat and communicate with certain users, a payment through credits might be necessary. The credits needed to unlock the chat are displayed on the user's profile. One credit corresponds to 1 Euro. The credits can be purchased by the customer. Before unlocking the chat using credits, the customer can always send a first precompiled free message to check if the other user is interested in the chat and is active on the site.

 

When the other user responds to the free message, their response will always be obscured until the chat is unlocked using CREDITS. From that moment, the conversation has no limits or additional costs. Alternatively, the customer can choose to immediately unlock the chat by paying a cost in credits (if required).

Credits will be automatically refunded if the other user does not log in for 2 days from the moment the message was sent and the chat unlock will be canceled. In this case, any sent message will also be permanently deleted. The customer doesn't have to do anything, and the credits will be made available again in their account. The user can still decide to unlock the chat again by sending a new message.

 

Any credit balance displayed in your account does not represent a real currency balance. Credits are not subject to fees for non-use; however, the license granted to you for the credits will be terminated in accordance with the terms of this Agreement when Wostess stops providing the Service or your account is closed or deleted. Wostess, at its sole discretion, reserves the right to change the purchase and use rates of Credits. Wostess will not be liable to you or any third party for exercising such rights. Credits can only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF CREDITS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Credits to use in the Service is a service that starts immediately upon your acceptance of purchasing such Credits. NOTE THAT WOSTESS IS NOT REQUIRED FOR ANY REASON TO PROVIDE A REFUND REGARDING CREDITS AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED CREDITS AFTER ACCOUNT CLOSURE, REGARDLESS OF WHETHER THIS CLOSURE WAS VOLUNTARY OR NOT.

 

If you choose to make a purchase, you will be asked to confirm your selected payment method (such as a credit card or PayPal). Your "payment method " will be charged the amount specified for the selected services/products and the sales tax or other similar taxes applicable to payments. Furthermore, you authorize Wostess or a third-party account, as the case may be, to make the charge. Any credit card data will never be stored by Wostess.com. The purchase is completed through the external payment platform called "Stripe", which handles the payment phase and stores any credit card data independently of Wostess upon user request, to speed up subsequent purchases.

 

Any objections to payments already made should be addressed to Customer Service. You can also raise objections by contacting your bank or payment service provider, which can provide you with additional information about your rights and applicable terms.

 

11. Disclaimers.

WOSTESS PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE" To the extent permitted by applicable law, WOSTESS provides the service "as is" and "as available" and makes no warranties of any kind, expressed, implied, statutory, or otherwise with respect to the service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. WOSTESS does not represent or warrant that (A) the service will be uninterrupted, secure or error free, (B) any defects or errors in the service will be corrected, or (C) that any information or content obtained by you on or through the service will be accurate.

 

WOSTESS assumes no responsibility for the content that you, other people on WOSTESS, or third parties post, send, or receive through the service. Access to any material downloaded or otherwise obtained using the service is at your own discretion and risk.

 

12. Third party services.

The Service may contain advertisements or promotions offered by third parties and links to other websites or resources. Wostess is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with third parties made available through the service, your relationship with them will be governed by the terms of these third parties. Wostess cannot be held responsible for the terms or actions of these third parties.

 

13. Limitation of liability.

To the maximum extent permitted by applicable law, in no event will WOSTESS, its employees, its affiliated companies, licensees or service providers be liable for indirect, consequential, exemplary, incidental, special, punitive, or greater damages, including, for example, loss of profits, whether incurred directly or indirectly, or loss of data, use, goodwill, or other intangible losses resulting from: (I) your access to, use of, or inability to access or use the service; (II) the conduct or content of other people on WOSTESS or third parties on, through, or following the use of the service; or (III) unauthorized access, use or modification of your content, even if WOSTESS has been informed of the possibility of such damages. In no case will the total liability of WOSTESS to you for all claims related to the service exceed the greater amount of the fee you paid to WOSTESS for the service, if applicable.

 

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations specified in this section may not apply.

 

The user undertakes to indemnify and hold the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees, harmless from any damage, liability, claim or compensation request, including reasonable legal defense fees, advanced by third parties as a result of his/her use of Wostess - and its related functionalities - in a manner not in accordance with these General Conditions and/or violations of the conditions set out therein, and/or failure to comply with the declarations and guarantees set out in these General Conditions and/or the Comments published by him/her on or through the Platforms.

 

14. Applicable legislation.

For subscribers residing in the EU, the European Economic Area, or where our arbitration agreement is prohibited by law, any dispute arising out of or related to this Agreement or the Service will be governed by Italian laws, excluding provisions on conflict of laws. Competent forum in Florence (Italy).

 

 

 

17. Indemnification by you.

You agree, to the extent permitted by current legislation, to indemnify, defend, and hold harmless Wostess, our affiliated companies, as well as every official, responsible, agent, and employee of the same, from any claim, request, claim, damage, loss, cost, liability and expense, including legal fees in any way arising from or related to your access or use of the Service, your Content, or your violation of this Agreement.

 

18. Complete Agreement; Miscellaneous.

This Agreement, which includes the Privacy Policy, the Cookie Policy, Safe Dating Tips, the Community Guidelines, and the Arbitration Procedures (if applicable) and any terms communicated and accepted by you if you purchase the features, products or additional services we offer on the Service, represents the complete agreement between you and Wostess regarding the use of the Service. If a clause of this Agreement is deemed invalid, the remaining part of the Agreement will continue to be valid and effective. The failure to exercise or apply by the Company of any right or clause of this Agreement will not constitute a waiver of that right or clause. You agree that your Wostess account is non-transferable and that all rights you hold on the account and its related content will terminate upon your death. This Agreement does not involve the creation of any employment relationship, agency, partnership, joint venture, fiduciary or other special relationship and you may not make statements on behalf of Wostess or bind the Company in any way.