United States Wristcheck Terms and Conditions

Last updated: Nov 18th, 2024

FOR RESIDENTS OF THE UNITED STATES OF AMERICA: PLEASE READ THESE UNITED STATES WRISTCHECK TERMS AND CONDITIONS CAREFULLY BECAUSE THEY, TOGETHER WITH ANY TERMS AND CONDITIONS INCORPORATED HEREIN (COLLECTIVELY, THE “U.S. TERMS”), ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND WRISTCHECK AMERICAS, INC. (“WRISTCHECK”) AND CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THE U.S. TERMS APPLY TO YOUR USE OF THE “SERVICES”, WHICH MEANS, COLLECTIVELY, WRISTCHECK’S WEBSITE AVAILABLE AT “HTTPS://WRISTCHECK.COM” AND ANY OTHER WEBSITES HOSTED OR OPERATED BY WRISTCHECK WHERE THE U.S. TERMS ARE POSTED (COLLECTIVELY, THE “WEBSITE”) AND THE WRISTCHECK MOBILE APPLICATION DOWNLOADED IN THE UNITES STATES (THE “APP”, AND TOGETHER WITH THE WEBSITE AND ANY OTHER PLATFORM WHERE THE U.S. TERMS ARE POSTED, THE “PLATFORM”), INCLUDING ALL CONTENT (DEFINED BELOW) AND FEATURES, FUNCTIONALITIES, AND SERVICES PROVIDED BY WRISTCHECK THROUGH THE PLATFORM. THE U.S. TERMS CONTAIN A DISPUTE RESOLUTION PROVISION BELOW REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ARBITRATIONS. BY USING THE SERVICES, INCLUDING BY USING OR ACCESSING THE PLATFORM, YOU ARE AUTOMATICALLY AGREEING TO, AND ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD, THE U.S. TERMS. YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR CONTINUED ACCEPTANCE OF THE U.S. TERMS.

If you do not agree to abide by the U.S. Terms, you may not use the Services. Wristcheck grans all rights to use the Services based on the condition that such rights are forfeited if you fail to comply with the U.S. Terms. You must be at least eighteen (18) years old to use the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Wristcheck. If you do not meet this requirement, you may not use the Services.

1. Changes and Updates

2. Proprietary Rights and License Grant

2.1. The title, ownership, and intellectual property rights in and to the Services, and the text, designs, logos, graphics, images, icons, audio, video, information, and other materials made available on or through the Services (collectively, the “Content”), together with all copies of each of the foregoing, will remain in and with Wristcheck, its licensors, and Wristcheck’s and its licensors’ assigns. The Services, together with all elements comprising each of the foregoing, which include, without limitations, the text, designs, logos, graphics, images, icons, audio, and video, as well as the selection, assembly, and arrangement thereof, are protected by intellectual property laws and international treatises. Wristcheck is the owner or licensee of the Services, including all copyrightable materials, trademarks, service marks, trade names, trade dress, and any other intellectual property contained therein. Nothing in the Services, including the Platform and the Content, should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Wristcheck’s or its licensors’ intellectual property without Wristcheck’s or its licensors’ prior express written permission. You are strictly prohibited from using any of the intellectual property contained in the Services except as expressly provided by the U.S. Terms. Wristcheck reserves the right to enforce its intellectual property rights to the fullest extent available under applicable law.

2.2. Subject to the U.S. Terms, Wristcheck grants you a limited, revocable, non-exclusive, and non-transferable license to use the Services solely for your personal, non-commercial use, including to download, install, and use the App on a single mobile device owned or otherwise controlled by you (“Mobile Device”) for your personal, non-commercial use in accordance with any accompanying documentation. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Services is strictly prohibited. Wristcheck does not grant any license or other authorization to any of Wristcheck’s copyrightable materials, trademarks, service marks, trade names, trade dress, or any other intellectual property, by including such intellectual property in the Services. You do not acquire any ownership interest in any part of the Services under the U.S. Terms or any other rights thereto other than to use the Services in accordance with the license granted herein and subject to all terms, conditions, and restrictions under the U.S. Terms.

2.3. You may use the Services only for lawful purposes and in accordance with the U.S. Terms. Without limiting the foregoing, you may not:

Use the Services in any way that violates any applicable federal, state, local, national, or international law or regulation;
Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works of, publish, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, transfer, or otherwise use or exploit the Services, including the Platform and the Content, in any way not specifically permitted by the U.S. Terms or Wristcheck’s prior, express, written consent;
Obscure or modify any copyright, trademark, or any other intellectual property notice on the Services;
Use the Services in any way that infringes, violates, or misappropriates the intellectual property rights or any other intangible rights of any person or entity;
Monitor, gather, copy, or distribute the Services, including the Platform and the Content, by using any robot, “bot”, spider, scraper, crawler, spyware, engine, or any other automatic device, utility, or manual process;
Use the Services for the maintenance, improvement, or development of any software program, including, without limitations, training machine learning or artificial intelligence systems;
Use the Services to send any promotional material, including any junk mail or spam;
Use the Services to impersonate or attempt to impersonate Wristcheck, its employees, another user, or any other person or entity;
Use the Services to transmit, publish, or otherwise display any contents to discriminate against, threaten, slander, or defame Wristcheck or any other person or entity;
Use the Services to engage in any conduct that interferes with anyone’s use or enjoyment of the Services;
Use the Services in any way that could disable, overburden, damage, or impair the Services;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services or any server, computer, or database connected thereto;
Attempt to interfere with the proper working of the Services; or
Use the Services in any other way that is deemed inappropriate by Wristcheck.

3. App and Mobile Device

3.1. Wristcheck may, from time to time in and in its sole discretion, develop and provide updates to the App, which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionalities. You acknowledge that in some instances, updates or new versions may reduce or remove features and functionality in prior versions of the App. You agree that Wristcheck has no obligation to provide any Updates or to continue to provide or enable any particular features or functionalities. Based on your Mobile Device settings, when your Mobile Device is connected to the internet, either: (i) the App will automatically download and install all available Updates (in which case, you hereby authorize such automatic download and installation of the App); or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to the U.S. Terms.

3.2. You must have a compatible Mobile Device to download and use the App. If you access the App using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google LLC (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to the U.S. Terms as to your access to and use of the App on the relevant platform. You agree that these third-party beneficiaries have the right to enforce the U.S. Terms against you to the extent relevant and required under their platform requirements. These third-party beneficiaries are not a party to the U.S. Terms and are not responsible for the provision or support of the App. You acknowledge and agree that your access to and use of the App will be subject to the usage terms set forth in the relevant third-party beneficiary’s terms of service. You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that in no event will Apple or Google be responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.

3.3. Wristcheck reserves the right to limit, in its sole discretion, the provision of the App to any person or geographic area. Any offer of the App is void where prohibited. By offering the App, no distribution or solicitation is made by Wristcheck to any person to use the App in any jurisdictions where the provision of the App is prohibited by law. The App, to the extent subject to the U.S. Terms, is controlled, operated, and administered by Wristcheck and its service providers for residents of the United States of America. Wristcheck makes no representation that the App, to the extent subject to the U.S. Terms, is appropriate or available for use at locations outside of the United States. You may not use or export the App or any content available therein in violation of U.S. export laws and regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the U.S. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

3.4. The App is a “commercial product” consisting of “commercial computer software” and “commercial computer software documentation” as such terms are defined in 48 C.F.R. § 2.101. If you are an agency of the U.S. Government or its contractor, you receive only those rights with respect to the App as are granted to all other users of the App under the U.S. Terms.

4. Account

5. Enforcement and Termination

6. Reliance on Information Posted

7. Collection and Use of Your Information

8. Payment Terms

8.1. Payments.

Payment via the Platform may be made by you to Wristcheck, in its capacity as payment agent for the users who make available any products via the Platform (“Seller User”), (i) via the Platform using services provided by the third parties providing services (including payment gateway services regarding fees payable by and/or to users) (collectively, “Platform Third-Party Service Providers”); or (ii) via other offline channels of payment not via the Platform. If you decide to use the services of the Platform Third-Party Service Providers, you do so entirely at your own risk and subject to the terms and conditions of use for such Platform Third-Party Service Providers.
Your credit card, debit card, or third-party digital wallets (e.g., PayPal, Apple Pay) (“Payment Method”) will be charged by Wristcheck upon confirmation of the (i) purchase of any product or service via or from Wristcheck (“Purchase”), (ii) request to make a Purchase (“Request”) and/or (iii) offer to Purchase products by clicking the “Negotiate” button of the Platform (“Offer”).
You are responsible for paying all applicable taxes, duties, shipping charges and fees. These charges are not included in listed prices and will be added at checkout or assessed separately. In the event any charges are assessed separately, you will receive an invoice that will be due immediately. Late payments will incur a fee of 1.5% per month on the outstanding balance, unless prohibited by applicable law. Accounts overdue by more than 30 days may be suspended.
All payments must be made in United States dollars (USD). Depending on your Payment Method, you may be given the option to pay in your local currency if it is different from the selected currency. Conversion rates and fees may be assessed by third parties that provided you with your Payment Method. Wristcheck has no control over these charges.
Wristcheck will process refunds, if and when applicable, within a reasonable timeframe. Please note that your bank may impose additional fees on the transaction, over which Wristcheck has no control. Please contact the bank that issued your Payment Method for details.
If you suspect an unauthorized or fraudulent charge was made to your Payment Method by Wristcheck, please contact the customer service team of Wristcheck (concierge@wristcheck.com) immediately.
You acknowledge and agree that the Payment Method you are using is your own Payment Method or that you are authorized to complete the Purchase, Request and/or the Offer (as applicable) with such Payment Method and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all Purchases, Requests and/or Offers (as applicable) made under your name or account.
You acknowledge and agree that the payment details you provide to Wristcheck in relation to the Purchase, Request and/or the Offer (as applicable) are fully correct. You also agree to provide correct and accurate e-mail addresses, and/or other contact details to Wristcheck and acknowledge that Wristcheck may use these details to contact you in the event as Wristcheck deems necessary. Wristcheck reserves the right not to accept certain credit cards. Wristcheck may add or remove other Payment Methods at its discretion.
In the event of late payment, invalid cards or insufficient funds, you will be responsible for any liabilities resulting from such situation and shall not be entitled to any refund unless otherwise agreed by Wristcheck. Wristcheck also reserves the right to charge an administrative fee (the amount of which you will be notified of by Wristcheck and which may be updated from time to time) to process any cancellation where it deems appropriate to do so.
You understand and authorize some of your payment made via the Platform may be held on escrow by Wristcheck pending confirmation of the relevant Purchase, Request and/or Offer,
You agree to comply with all rules and regulations applicable to your Payment Method.
You agree that in the event of a dispute between users, Wristcheck may withhold funds and decide which user is entitled to such funds. You agree to be bound by such determination in accordance with Section 8.2 below.
Wristcheck may offer welcoming discounts to new Wrischeck Users who have just registered an Account. The welcoming discount is exclusive to the User who receives the welcoming email detailing the discount amount and instructions on how to apply it. The discount applies only to first-time purchas(es) with Wristcheck and is valid solely for the "Buy Now" function (excluding the "Negotiate" or "Request" functions) on the Platform.
Wristcheck may offer you other promotions in connection with our Services from time to time. Each promotion shall be subject to the specific terms and conditions made available to you via email or on our website and/or mobile application. You may check the Promotion Terms and Conditions for further details. Please contact Wristcheck Customer Care team at concierge@wristcheck.com if you have any questions.
Wristcheck shall have the absolute right to disqualify any Users from any promotion for whatsoever reasons Wristcheck deems fit, including but not limited to, any Users who breach any Terms, engage in illegal, dishonest, or improper conduct during the promotion, or abuse the fair use of the Platform.
In the event of any dispute in relation to a promotion, Wrischeck shall have the final decision.

8.2. Transaction Dispute Resolution.

Dispute Submission: Any dispute arising from a transaction conducted on the Platform must be submitted by the user that makes or intends to make a Purchase, Request, or Offer (“Buyer User”) or Seller User (the "Disputing Party") to Wristcheck within three (3) days of the date the transaction at issue giving rise to the dispute was completed. The dispute submission must be made in writing to concierge@wristcheck.com and include a detailed description of the dispute, the transaction identifier, and any supporting documentation.
Investigation: Upon receipt of a dispute submission, Wristcheck will conduct a reasonable investigation, which may include contacting both the Buyer User and Seller User, requesting additional information, and reviewing transaction records.
Binding Decision: Following completion of Wristcheck’s investigation, Wristcheck will issue a written decision (the "Decision") resolving the dispute. The Decision will be binding on both the Buyer User and Seller User, and each party irrevocably agrees to be bound by the Decision. The Decision may include, but is not limited to, requiring a refund, partial refund, return of goods, replacement of goods, or any other remedy deemed appropriate by Wristcheck.
Compliance with Decision: Both Buyer User and Seller User agree to comply with the Decision immediately following its issuance. Failure to comply may result in suspension or termination of access to the Platform.
Finality of Decision: The Decision will be final and non-appealable, except in cases of demonstrable fraud or gross error by Wristcheck.

8.3. Cancellation. A Buyer User may cancel an order for product(s) as set forth in the Buyer Terms and Conditions.

8.4. Returns and Refunds.

Returns shall be processed in accordance with Wristcheck’s Buyer Terms and Conditions.
Upon receipt and inspection of the returned goods, Wristcheck will issue a refund to the Buyer User's original Payment Method. The refund may be subject to deductions for any damage or missing parts.
Any disputes regarding cancellations, returns, or refunds will be resolved in accordance with Wristcheck’s dispute resolution process, as outlined in Section 8.2 of these Terms.

9. Disclaimer of Warranty, Limitation of Liability, and Indemnification

9.1. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, WRISTCHECK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS OR ERRORS, VIRUS FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT DEFECTS WILL BE CORRECTED, OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE U.S. TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO USE OF THE SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU IN WHOLE OR IN PART, TO THE EXTENT THAT ANY SUCH LEGAL LIMITATION APPLIES TO YOU.

9.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF WRISTCHECK, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, OR AGENTS (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, PUNITIVE, DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY YOU OR THIRD PARTIES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF THE COVERED PARTIES UNDER ANY PROVISION OF THE U.S. TERMS SHALL NOT EXCEED $1,000 USD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND IN SUCH CASE, THE COVERED PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9.3. You agree to release, discharge, indemnify and hold harmless any and all of the Covered Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Services, your breach of any terms or representations contained in the U.S. Terms, or the use by the Covered Parties of any of the rights granted by you.

10. Dispute Resolution

10.1. Except for disputes that qualify for small claims court, all disputes arising out of or relating to the U.S. Terms or any aspect of the relationship between you and Wristcheck (or its suppliers or vendors), whether the dispute is based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved in final, binding arbitration before a neutral arbitrator, instead of in court by a judge or a jury. You agree that Wristcheck and you each waive the right to trial by a jury and that the Federal Arbitration Act and federal arbitration law, not state law, govern the enforceability of this dispute resolution provision. You also agree that any arbitration under the U.S. Terms will take place on an individual basis; class action arbitrations and class actions are not permitted; and you agree to give up the ability to bring or participate in a class action.

10.2. For any and all disputes or claims you have, you must first give Wristcheck an opportunity to resolve your claim by sending a written description of your claim to Wristcheck at this address: Wristcheck Americas, Inc.

concierge@wristcheck.com

10.3. You and Wristcheck each agree to negotiate and resolve your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and Wristcheck are unable to resolve the claim within sixty (60) days after Wristcheck receives your claim description and you have made a good faith effort to resolve your claim directly with Wristcheck during that time. If Wristcheck is unable to resolve your claim within sixty (60) days despite such good faith efforts, then either you or Wristcheck may start an arbitration or small claims court proceeding. You and Wristcheck agree that any dispute as to whether these conditions precedent have been satisfied will be decided in court and not by the arbitrator. Either you or Wristcheck may elect to have an arbitration proceeding initiated by the other party adjudicated in small claims court by giving written notice of that election to the other party.

10.4. Arbitration shall be conducted by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures, including its Minimum Standards for Procedural Fairness for Consumer and Employment/Workplace Arbitrations, and its Supplemental Rules for Mass Arbitration Filings (the “NAM Rules”). The NAM Rules and instructions for how to initiate an arbitration are available from NAM at https://www.namadr.com or 1-800-358-2550. If NAM fails or declines to conduct the arbitration for any reason, you and Wristcheck will mutually select a different arbitration administrator. If you and Wristcheck cannot agree, a court will appoint a different arbitration administrator but will not decide arbitrability or any other aspect of the parties’ dispute (except as outlined above or if either party files a small claims court matter). Payment of arbitration fees will be governed by NAM’s schedule of “Fees for Disputes When One of the Parties is a Consumer”. Notwithstanding the foregoing, if any claim asserted in an arbitration demand is deemed to be frivolous, the defending party shall be entitled to recover its attorneys’ fees and any filing, administration, and arbitrator fees incurred. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis.

10.5. If a court or arbitrator finds in any action between you and Wristcheck that any part of this arbitration agreement and class action waiver is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that you or Wristcheck may assert in that or any other action. If any other provision of this dispute resolution provision is found unenforceable, the other parts of it shall continue to apply. You reserve your ability to bring claims in small claims court to the extent of that court's jurisdiction. The U.S. Terms, all transactions related to the Service and all related matters are governed by the Federal Arbitration Act, applicable federal law and the laws of the state of New York, without regard to any conflict of laws rules.

10.6. Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises.

11. Miscellaneous