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TERMS OF SERVICE

Last Updated: April 17, 2025

Important: These Terms require all disputes between us to go through binding arbitration instead of government court. By accepting these Terms, you waive any right to have disputes decided (1) by a judge or jury and (2) in class or representative actions. You can opt-out of arbitration for thirty (30) days after you first accept these Terms—see opt-out under Dispute Resolution below.

Introduction
Eligibility and Responsibilities
Other Applicable Terms
Access; Accounts
Pricing, Subscriptions and Payment
Content
Disclaimers, Limits on Liability & Indemnification
Dispute Resolution
Additional Provisions

We summarize some sections to make reading and understanding these Terms easier. The summaries are not part of the Terms, and you should still read each section in its entirety.

Section 1: Introduction

This is a contract between you and us. You can contact us if you have any questions or concerns. If you do not understand or agree to these Terms, don’t use the Services.

The Agreement: By accessing or using our online services and mobile application, you agree to be bound by these Terms of Service (“Terms”) and Our Policies described below (together, the “Agreement”). The Agreement governs your use of any website, mobile application, and other products and services (which we call the “Services”) made available by WDYR INC. (“we”, “us”, “our” and “WOM”).
You must read this Agreement carefully before you accept it. If you do not accept, or cannot understand, anything in the Agreement, stop using the Services immediately.
Updates: These Terms are effective as of the Last Update date above. As the Services change, we may update these Terms by posting a new version and updating the Last Update date.
If we make significant changes, we’ll do our best to notify you. For example, we may email the address in your Account or place a temporary notice on the Services’ homepage. Changes to these Terms do not create a renewed opportunity to opt out of arbitration (if applicable).
But it’s your sole responsibility to review these Terms from time to time to view the current Terms. By using or accessing the Services after the Last Update date, you accept the current Terms. If you do not accept a change to the Terms, stop using the Services immediately.

Contact Us: You may contact us regarding the Services or these Terms at support@nomwithwom.com.

Section 2: Eligibility and Responsibilities

To use the Services, you must be eligible. All use carries responsibility.

In these Terms, “you” and “your” means you as the user of the Services. Unless you meet these requirements, you are not eligible to use the Services:

Age: You must be 13 or older to use the Services, or otherwise of legal age to form a binding contract in your jurisdiction. If you are under the age of majority where you live, but are 13 or older, you are only permitted to use the Services if your parent or guardian accepts these Terms on your behalf prior to use of the Services. By using the Services, you affirm that you are of legal age to enter into this Agreement and to use the Services.

Business use: If you use the Services on behalf of a business, then “you” includes you and that organization or entity, and you represent and warrant that (i) you are authorized to bind the business to these Terms, and (ii) you agree to these Terms on the business’ behalf.

You are responsible for all your activity in connection with the Services. This includes any content you send through the Services and the accuracy of any information you give us so that we can provide the Services to you.

Most importantly, you represent and warrant that you will not use the Services in any way that violates applicable law, Outside Terms or our Policies.

Section 3: Other Applicable Terms

Our policies and certain third-party terms apply to you when using the Services.

Our Policies

These policies and terms also form part of the Agreement between us (collectively, “Our Policies”):

Our Privacy Policy, which governs our use of personal information and explains your rights and choices, such as how to unsubscribe if you subscribe to messages from us.
Our Copyright Infringement Policy.
Our Acceptable Use Policy.
Any other policies or operating rules posted by us on the Services.

We may update any of Our Policies in the same way we update the Terms. Please review them from time to time to ensure that you remain aware of the current versions.

Outside Materials and Terms

The Services may link to, embed, integrate or connect third-party services (“Outside Materials”). Outside Materials may be subject to additional legal terms (“Outside Terms”) made available by their third-party provider.

For example, by accessing or downloading the “WOM: Restaurant Discovery” application (the “App”) from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement (“Apple Terms”). This Agreement governs if there is a conflict with the Apple Terms. Likewise, if you log in using social login (Gmail, Facebook, Apple, etc.), you agree to the applicable Outside Materials’ Outside Terms.
This Agreement does not apply to Outside Materials. We are also not a party to Outside Terms. By using the Services, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the performance and reliability of Outside Materials and any act or omission of any provider of Outside Materials. We do not warrant, endorse or otherwise guarantee the Outside Materials’ integration, interoperation or support with the Services.
If you have any complaints in connection with any Outside Materials or Outside Terms, please contact the third-party provider directly, your state Attorney General or the Federal Trade Commission at www.ftc.gov.

Section 4: Access; Accounts

Access information: Your use of the Services may require you to provide certain personal information, such as contact and payment information (collectively, “Customer Data”), including to register an account on the Services (an “Account”). We process Customer Data in accordance with our Privacy Policy, like all personal information you provide.

You agree to provide us with accurate, complete and updated Customer Data, including for your Account. We may reject or require that you change any Services-specific information, such as your username or password, in our sole discretion. You represent and warrant that your Customer Data, including Account information, is and will remain accurate and complete. You acknowledge and agree that we have no liability for errors and omissions in your Customer Data.
Contact us immediately if you know or suspect that (1) your Account or password has been stolen, misappropriated or otherwise compromised, or (2) any unauthorized use of your Account.
We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements.

Managing your Account: As of the Last Update date, you can manage, update or delete your Account at any time by accessing the App, tapping on the profile icon on the top-right corner of the Find page, then tapping the gear icon on the top-right and selecting ‘Edit profile.’ Follow the instructions to update, manage or delete your Account.
However, if you bought a Subscription or make any other recurring purchase through an External Account, you will need to cancel through your External Account (like the Apple App Store or Google Play) to avoid additional billing.
Suspension and Termination: We reserve the right to suspend, disable, or delete your Account or the Services (or any part of the foregoing) with or without notice, for any or no reason. We may investigate and take any action we deem appropriate if we believe that you have violated these Terms, misused our Services, or behaved in a way that we regard as inappropriate or unlawful, on or off our Services.
Terms Survive: If your access is severed or your Account is deleted or terminated by you or us for any reason, these Terms remain enforceable, and you will not be entitled to any refund for purchases made. Termination will not limit any of our other rights or remedies at law or in equity.
Your information will be maintained and deleted in accordance with our Privacy Policy.

Section 5: Pricing, Subscriptions and Payment

You can buy a Subscription to our paid content through an App Store. Subscriptions automatically renew on a monthly basis until you cancel. Other purchases may only be available from us.

General. Our paid content is available through subscriptions of various durations (“Subscriptions”, and together with any other paid services purchases, “Products”).
Depending on the Product, you may be able to purchase paid Services through your device’s native app store or another third-party provider (collectively, “App Store”). See App Store Purchases for terms that apply to Products bought through an App Store. See Native Purchases for terms that apply when you buy Products from us.

Subscriptions

Duration. Our Subscriptions are continuous. Subscriptions begin the date you first purchase a Subscription and renew on a recurring basis for periods of the same duration as your initial Subscription period until canceled (each, a “Period”). However, we may discontinue your Subscription in our sole discretion at any time.

Pricing changes.We reserve the right to change the cost of our Subscriptions and other Products at any time. Any change will become effective only after the expiration of your current Subscription Period and after we provide you with notice of such change no fewer than fifteen (15) days before the end of the then-current Period.

App Store Purchases

Paid Services may be purchased through an App Store, in which case those purchases must be managed through your External Account.

If you subscribe or buy through an App Store, such as with your Apple ID or Google Play account (your “External Account”), your External Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Account. Some App Stores may charge you sales tax, depending on where you live, which may change from time to time.
If your App Store purchase includes an automatically renewing Subscription, your External Account will continue to be periodically charged for the Subscription until you cancel.
Cancelation: If you do not want your Subscription to renew automatically, or if you want to change or terminate your Subscription, you must log in to your External Account and follow instructions to manage or cancel your Subscription, even if you have otherwise deleted your Account with us or if you have deleted the App from your device.

For example, if you subscribed using your Apple ID, cancelation is handled by Apple, not us. To cancel a purchase made with your Apple ID, open the App Store app on an iOS device, tap on your profile icon, and choose ‘Subscriptions.’ Find your Subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.

Similarly, if you subscribed on Google Play, cancelation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com.

If you cancel a Subscription, you may continue to use the canceled service until the end of your then-current Period. The Subscription will not be renewed when your then-current Period expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Account, we may terminate your Account with us immediately, in our sole discretion. We will retain all funds charged to your External Account until you cancel your Subscription through your External Account.

Native Purchases

We may choose to offer Products for purchase through our App, in which case those purchases must be managed through your Account in the App.

Payments. We accept most payment cards, and any other methods we make available at checkout or purchase. You agree that we may charge all amounts due and owing in connection with your purchases (“Charges”) to the payment mechanism you choose (“Payment Method”) at the time of your Product purchase (including at the beginning of each Subscription Period). All Charges will be accounted for through the Services.

You must complete payment for your Products through our third-party payments provider (“Payment Processor”).

You acknowledge and agree that all information you provide to purchase Products, such as your payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our Payment Processor. You agree to promptly update your Payment Method to allow for timely payment. Changes made to your Payment Method will not affect Charges that we submit to your chosen Payment Method before we could reasonably act on your changes. And you agree that we may use any updated Payment Method information provided by your issuing bank or payment network.

Collection of Charges. We will suspend or cancel your Product purchase if our Payment Processor is unable to process payment using your existing payment information.

If we are unable to collect Charges through your Payment Method, you agree that:

we may, to the extent not prohibited by applicable law, take any other steps we deem necessary to collect such Charges from you, and
you will be responsible for all costs and expenses we incur to collect your Charges, such as collection fees, court costs, and attorneys’ fees. You further agree that we may collect interest at the lesser of 1.5% per month and the highest amount permitted by law on any Charges not paid when due.

You further agree that we may collect interest at the lesser of 1.5% per month and the highest amount permitted by law on any Charges not paid when due.

Taxes. Products may be priced to add or include applicable local taxes (such as sales taxes or VAT), as presented to you at the time of your Product offer.

No Refunds. Except as provided under Refunds below, payments for Products are nonrefundable and there are no credits for partially used Periods.

Product Concerns. You may contact us regarding any in-App purchase.

Other Payment Terms

Billing Communications and Support. Notify us of any billing problems or issues as soon as you become aware of them. We will make every effort to assist you with any billing questions – just contact us. You agree that we may contact you via email or otherwise at any time with information relevant to your use of the Services, including billing communications, regardless of whether you have opted out of receiving marketing communications or notices.

Promotional Codes. We may offer certain promotional, referral, discount, and coupon codes or similar offers (“Promos”) that may be redeemed for discounts on future Products or other features related to the Services, subject to any additional terms that we establish. You agree that Promos: (i) must be used in a lawful manner; (ii) must be used for the intended audience and purpose; (iii) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (iv) may be disabled or have additional conditions applied to them by us at any time for any reason; (v) may only be used pursuant to the specific terms that we establish; (vi) are not valid for cash or other credits or points; (vii) may expire prior to your use; (vii) are not valid on previous purchases.

Free Trials. We may offer you a free trial of certain Subscriptions for a limited period of time. The specific terms of your free trial will be provided at offer registration. At the end of your free trial, the applicable App Store will begin billing your payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges).

Please note that you may not receive a notice from us that your free trial is ending or that the paid portion of your Subscription has begun. See Cancelation above for help with canceling a free trial.
We reserve the right to modify or terminate the availability of free trials at any time, without notice, in our sole discretion

Refunds. Generally, all purchases are final and nonrefundable, and there are no refunds or credits for Products or partially used Periods, except if applicable law in your jurisdiction provides for refunds.

EU and UK consumers only: Under local law, you are entitled to a 14-day refund period. This refund period commences upon your purchase of the paid content. If the last day of this 14-day period lands on a public holiday, Saturday or Sunday, the period will extend to the end of the next business day.

Please contact us if you believe that applicable law in your jurisdiction entitles you to a refund.

Section 6: Content

While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“User Content”); and (iii) content that we provide on and through our Services (“Our Content”).
In this Agreement, “content” includes, without limitation, all text, images, video, audio, or other material on the Services, including information on users’ profiles and in direct messages between users.

Your Content

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Google, Facebook or any other social login (if applicable) (any, a “Social Login”), and that you will update your account information as necessary to ensure its accuracy.
If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

Your Content License to Us

By providing Your Content, you grant us a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, distribute and otherwise make available Your Content. We may use Your Content in whole or in part and in any format or medium for the uses contemplated by this Agreement and any other purpose permitted by this Agreement, subject only to our Privacy Policy and applicable law. Your Content includes any information you authorize us to access from any Social Login or other third-party sources (if applicable).

User Content

You will have access to User Content—but it is not yours, and you may not copy or use User Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services. User Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You do not have any rights in relation to User Content, and, unless expressly authorized by us, you may only use User Content to the extent that your use is consistent with this Agreement, including our Acceptable Use Policy. You may not copy the User Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse User Content.

Our Content

We own all other content on our Services.

Ownership. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
Very limited license to use. You may use the Services and Our Content solely for personal and non-commercial purposes. All rights not specifically granted in the license set forth above shall be reserved and remain always with the WOM. You acquire no rights or licenses in or to the Services or Our Content other than the limited right to utilize the Services in accordance with these Terms of Use.
Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants you, or any third party, any right, title, or interest in or to Our Content, the Services or other intellectual property provided in connection with this Agreement, whether by implication, waiver, estoppel or otherwise.

Section 7: Disclaimers, Limits on Liability & Indemnification

Our Services are provided ‘as is.’ We do not and cannot make any representations about the content or features. Our liability to you, and yours to WOM, is capped. But you indemnify WOM from third-party claims caused by your breach of these Terms.

Warranties

Except as stated elsewhere in these Terms, all of the Services, Products and content are provided “as is” without warranty of any kind. To the fullest extent permitted by law, we disclaim without limitation all warranties, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, including the warranties of merchantability, title, non-infringement of third parties’ intellectual property rights, or fitness for a particular purpose.

Use of the Services and the transmission of messages through the Services is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty that is not expressly stated in these Terms.

These limitations apply only to the extent they are not prohibited by applicable law. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.

Limitations of Liability

Except for the indemnity obligations stated below, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory will either of us be liable to the other with respect to the subject matter of this Agreement for:

Any indirect, special, incidental, or consequential damages of any kind, or
Any aggregate amount in excess of the greater of (1) $100 or (2) the amounts paid or payable by you to us for paid Services in the three-month period preceding the applicable claim

For clarity, this means we will not be liable for: unauthorized access to or loss of Customer Data, Your Content or any other data, loss of information, the cost of procuring alternative goods or services, internet failures, or our failure to provide technical or other support services. These limits apply to all claims, obligations and liabilities relating to this Agreement, even if we, our affiliates, licensors or suppliers are aware of the possibility that you may incur these damages, and even if these limited remedies fail of their essential purpose.

Indemnification

To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless WDYR INC., its affiliates, officers, agents, employees, and partners from and against any and all third-party claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or relating to (i) your use of the Services (including any actions taken using your access to the Services) or (ii) your violation of this Agreement or of law. In the event of such a claim, suit, or action, we will notify you using the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under this Agreement). This obligation will survive any suspension, termination or cessation of your use of the Services.

Section 8: Dispute Resolution

In the event of a dispute, you and WOM will try to resolve it informally first. If we can’t resolve it in 60 days, we agree to arbitrate the claim, instead of going to court. You may opt-out of arbitration within 30 days of agreeing to this Agreement.

You agree to resolve disputes with WOM through binding arbitration, except as described in this Dispute Resolution section (the “Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. Similar disputes may, however, be grouped as a Mass Filing in arbitration. You may opt-out of arbitration under ‘Opt-Out’ below within thirty (30) days of first accepting these Terms.
Covered Disputes. You and WOM agree that any dispute or claim between you and WOM arising out of or relating to this Agreement or the Services (a “Dispute) will be resolved by binding arbitration, rather than in court. A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with WOM. A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Agreement and claims that may arise after its termination. For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide or other multiparty basis.
Exceptions to Arbitration. This Arbitration Clause does not require arbitration of the following types of claims brought by either you or WOM:

small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and
claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.

Informal Dispute Resolution First. . Like you, we want to resolve Disputes without resorting to arbitration. If you have a Dispute with us, before initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to dispute@nomwithwom.com so that we can work together to resolve the Dispute.

A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.
The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.
Likewise, if WOM has a Dispute with you, WOM will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account
If the Dispute is not resolved within sixty (60) calendar days of when either you or WOM submitted a Pre-Arbitration Demand, an arbitration can be brought.

This ‘Informal Dispute Resolution First’ section is a condition precedent to commencing arbitration. The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
This ‘Informal Dispute Resolution First’ section does not apply to claims brought under any Exceptions to Arbitration.
18-Month Filing Deadline. To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Exceptions to Arbitration for claims pertaining to intellectual property rights including trademarks, trade dress, domain names, trade secrets, copyrights and patents), must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Informal Dispute Resolution First at 0 above.
Opt-Out. You may reject this Arbitration Clause and opt out of arbitration by sending an email to opt-out@nomwithwom.com within thirty (30) calendar days of first accepting these Terms. If you have an Account, your opt-out notice must be sent from the email address associated with your Account. No one may opt-out another person. Your notice to opt-out must include your first and last name, address, the email address associated with your Account (if you have an Account), and a clear statement that you decline this Arbitration Clause.
Arbitration Procedure.If, after completing the ‘Informal Dispute Resolution First’ process, either you or WOM wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the WOM address in ‘Informal Dispute Resolution First‘. WOM will send any arbitration demand to the email address associated with your Account or to your counsel, if any. You and WOM agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause. If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.
The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative:

Comprehensive Dispute Resolution Rules and Procedures, and
where applicable, its Mass Filing Supplemental Dispute Resolution Rules and Procedures, in each case as available at https://www.namadr.com/resources/rules-fees-forms.

This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.

If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.

Arbitration hearings will take place through videoconferencing, unless you and WOM agree upon another location in writing. A single arbitrator will be appointed.
Arbitration Costs & Scope.

Costs. Except as provided for in a Mass Filing under ‘Batch Process‘ below, your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules.
Scope. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving WOM and a different individual. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration. However, a court has exclusive authority to rule on the waiver under ‘Class Action Waiver’, including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.

If a request to proceed in small claims court (under ‘Exceptions to Arbitration’), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.

Jury Trial Waiver.You and WOM agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and WOM are instead electing that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified under ‘Exceptions to Arbitration’ above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
Class Action Waiver.You and WOM agree that, except as specified under ‘Batch Process’ below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.

The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.
Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.
Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final nonappealable decision, that the limitations of this Class Action Waiver section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and WOM agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in the ‘Governing Law; Forum‘ section.

Batch Process.To increase the efficiency of administration and resolution of arbitrations, you and WOM agree that if 25 or more arbitration demands of a substantially similar nature, are filed within a 180 day period (“Mass Filing”):

to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batches”), with only one Batch filed, processed, and adjudicated at a time;
to designate one arbitrator for each Batch and accept applicable fees, including any related fee reduction determined by NAM in its discretion;
that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior Batch is filed, processed, and adjudicated;
that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by WOM and the claimants, will only be due after your demand for arbitration is included in a Batch that is properly designated for filing, processing, and adjudication; and
that the Batch Process will continue until each demand (including your demand) is adjudicated or otherwise resolved.

Tolling. Any statutes of limitation, including the requirement to file within eighteen (18) months at ‘18-Month Filing Deadline’ below, will remain tolled while any arbitration demands are held in abeyance. While the Batches are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.
Speed. The parties will work in good faith with the arbitrator to complete each Batch within 120 calendar days of its initial pre-hearing conference. The parties agree that the Batch process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.
If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.
Substantially similar nature. All parties agree that arbitration demands are of a “substantially similar nature” if they relate to the same event or factual scenario, raise the same or similar legal issues and seek similar relief.
Mass Filing Administration. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including the ‘Informal Dispute Resolution First’ section above.

To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. WOM will pay the Administrative Arbitrator’s costs.

This Batch Process provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind. Unless WOM otherwise consents in writing, WOM does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Batch Process section.

Settlement. At least ten (10) calendar days before the date set for the arbitration hearing, you or WOM may serve a written offer of judgment upon the other party to allow judgment on specified terms.

If the offer is not accepted before the earlier of (i) the arbitration hearing or (ii) thirty (30) calendar days after it is made, it will be deemed withdrawn, and cannot serve as evidence in the arbitration.
If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly.

If the receiving party does not accept the written offer and fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.

The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms.
For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

Severability. Except as provided under ‘Class Action Waiver‘ above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

Section 9: Additional Provisions

Feedback. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Feedback”) you send us are our exclusive property. By submitting Feedback, you assign any and all intellectual property rights in the Feedback to us. We may, but are not required to, use the Feedback, including any intellectual property or proprietary rights in that Feedback, for any purpose whatsoever, without any attribution, financial compensation, or reimbursement of any kind to you or any third party.
Governing Law; Forum. These Terms are governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. Subject to the ‘Dispute Resolution’ section, you and we agree to only bring Disputes and any other legal proceeding in the state and federal courts located in Los Angeles, California. You and we consent to the jurisdiction of those courts. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the California Department of Consumer Affairs’ Division of Consumer Services in writing at: Complaint Assistance Unit 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Modifications of Services. We may change or discontinue any aspect, service or feature of the Services at any time, in our sole discretion.
Relationship. You and WOM agree there are no third-party beneficiaries intended under the Agreement. You acknowledge and agree that you are not an employee, agent, partner, or joint venturer of WDYR INC..
Interpretation. If it turns out that a particular term of the Agreement is not enforceable for any reason, this will not affect any other terms. Any words following the terms “including,” “include,” “in particular,” “for example”, “such as” or any similar expression are illustrative, non-exhaustive and do not limit the sense of the words, phrase or description preceding those terms. The word "or" as used in these Terms is not exclusive. The failure of either party to exercise, in any way, any right under these Terms does not waive any further rights the Terms provide.
Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding between the parties as to its subject matter, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to it.
Force Majeure. In no event will we be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing our obligations under the Agreement, to the extent such failure or delay is caused by any circumstances beyond our reasonable control.

Copyright Policy

Last Update. April 17, 2025
This Copyright Policy (this “Policy”) describes WOM’s processes for receiving and responding to copyright infringement notices, sent by rightsholders or their agents, regarding material our users have posted to the WOM platform. This Policy is governed by our Terms of Service (“Terms”) and is designed to comply with the requirements of the notice-and-takedown provisions of the United States’ Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA, we generally remove or disable content that rightsholders claim to be infringing. Capitalized terms used but not defined in this Policy are defined in our Terms..

Caution Advised

The notices described in this Policy are serious legal actions with potentially serious consequences. In particular:

Filing a false copyright notice can be unlawful. Aside from perjury penalties, sending false copyright notices can create legal claims under the DMCA.
Dispute copyright notices with care. Copyright owners can prevent disabled content from being put back onto the platform by initiating legal action.
Information submitted in notices is not private. Your copyright notice will be sent to the other party. We reserve the right to publicly post and share redacted copyright notices for transparency reporting purposes.
Copyright disputes are tracked to help us curtail repeat infringement. Our policies and the DMCA commit us to acting against repeat infringers, and we will terminate the accounts of repeat infringers in certain cases. How you respond to copyright notices informs our repeat infringer evaluation.

Consider seeking professional advice before proceeding with any notice described in this Policy.

Submitting Notices and Our Designated Agent

Although we respond to all copyright notices submitted under this Policy expeditiously, submitting your notice directly to us will help ensure that your notice is compliant with legal requirements and receives the fastest possible response.
To submit a copyright notice to our designated agent, email dmca@nomwithwom.com. Our designated agent can also be reached by mail at 1925 Century Park East, Suite 1700, Los Angeles, CA 90067.

Sending a Copyright Notice

When sending a non-form notice to our designated agent, be sure that it includes all the information required under the DMCA. For your reference, this includes:

A description of the work or works you claim have been infringed
A description of the content on our website you claim to be infringing and the associated URL(s), titles or content identifiers
Your contact information
Your statement confirming a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
Your statement confirming that the information you’ve provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Your signature

On receipt of a notice compliant with the requirements of the DMCA, our practice is to promptly remove or disable the material identified as infringing. Note that copyright notices can be disputed under the terms of this Policy, and that the dispute process may result in replacement of removed or disabled content.

Receiving a Copyright Notice

If something you’ve posted to WOM is the target of a valid copyright notice, we will generally send to the email address (or other contact information) on file in your account a copy of that notice when we remove or disable the allegedly infringing content. To restore the removed or disabled content, you must dispute the notice in accordance with the terms of this Policy. We reserve the right to suspend or terminate access and accounts for anyone who reposts or replaces previously removed content in a manner inconsistent with this Policy.

Disputing a Copyright Notice

You may dispute a copyright notice submitted against your WOM account by emailing dmca@nomwithwom.com. After receiving a dispute notice that meets the requirements of the DMCA, we will send a complete copy of the notice to the complaining party. The rightsholder will then have ten (10) business days to initiate legal action and notify us. If we don’t receive timely notice of legal action from the rightsholder, we will generally replace the material that had been removed or disabled.
When sending a notice to our designated agent, be sure that it includes all the information required under the DMCA. For your reference, this includes:

A description of the content that’s been removed and any associated URL(s) or other identifying information
Your full name and contact information, including your address and phone number
A statement, under penalty of perjury, that you have a good faith belief that the removed content was taken down as a result of mistake or misidentification
A statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if you are outside of the United States, consenting to the jurisdiction of any judicial district in which WOM can be found
A statement that you will accept service of process from the copyright notice sender or their agent at the address you’ve provided
Your signature

This Policy is part of our Terms, and is only one component of how WOM handles copyright and copyright-adjacent issues. Other relevant terms and policies include:
Our Terms, which govern this Policy and address everyday use of WOM.
Our Acceptable Use Policy, which contains additional guidelines and rules about using WOM and WOM content.
If you have any further questions on our various copyright practices, please contact us at dmca@nomwithwom.com.

Acceptable Use Policy

Last Update: April 17, 2025

This Acceptable Use Policy (this “Policy”) supplements our Terms of Service (the “Terms”) by describing prohibited uses of our Services.

Those Terms generally govern your use of the websites and online services operated by WDYR INC. (“WOM”, “we” or “us”). All capitalized terms used but not defined in this Policy are defined in the Terms.

Acceptable Use. While using the Services, you may not:

download, modify, copy, distribute, transmit, display, perform, reproduce, publish, or offer for sale any information obtained from or through the Services;
duplicate, decompile, reverse engineer, disassemble or decode the Services, or attempt to do any of the same;
use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify or affect the Services;
exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services, or attempt to do so;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
use any robot, spider, crawlers or other automatic device, process, software or query to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
use the Services for illegal, harassing, unethical, or disruptive purposes;
violate any applicable law or regulation in connection with your use of the Services; or
access or use the Services in any way not expressly permitted by these Terms.

Updating this Policy. As described in the Terms, we may update this Policy at any time in our sole discretion. If we make substantial changes to this Policy, we will do our best to notify you, by providing notice through the Services, and by updating the Last Update date above. By continuing to access or use the Services after the Last Update date, you accept the current Policy terms. If you do not accept a change to the Policy, you must stop accessing and using the Services immediately. You may contact us regarding the Policy at support@nomwithwom.com.