Terms of Use

Last modified 04/05/2021

This Terms of Use covers Waffle Labs, Inc (“Waffle”, “us”, “we” or “our”) owned and operated websites (“Site”, “Sites”), including https://trywaffle.com, the Waffle Mobile App (“App” and collectively with the Sites, the “Waffle Products”) and any services offered (the “Services”).

Your access and use of the Waffle Products is subject to these Terms of Use and the Privacy Policy (“Agreement”). By accessing and using the Waffle Products, you understand and agree to these Terms of Use and the Privacy Policy. Unless otherwise defined herein, capitalized terms shall have the meaning assigned to such terms in the Privacy Policy.

If you have any questions regarding the Terms of Use or the Privacy Policy, please contact us at
founders@waffle-labs.com.

1. Insurance Agent

1.1 Waffle, with offices located at 43 West 23rdStreet, New York, New York10010, USA is a licensed insurance producer and not an insurer. Waffle operates through Waffle Labs Inc (National Producer Number: 19499260).

1.2 Any insurance offered to you is provided by one of our partners (the “Partners”). Waffle receives compensation based on the premiums of the insurance policies it sells.

1.3 The terms and conditions of any insurance product offered are provided by the Partners. This includes the refund and cancellation polices.

1.4 The Services are only available to the residents of the U.S.A.

2. Waffle Product Uses and Conduct

2.1 The Waffle Products are intended for your personal use. You are solely responsible for your use and access to the Waffle Products and you will use and access the Waffle Products for lawful purposes only. You will not collect or store personal information or data associated with other users of the Waffle Products.

2.2 If you submit content to the Waffle Products, you will not submit illegal, profane, or otherwise injurious to Waffle.

2.3 You will not access or use the Waffle Products to infringe on any patent, trademark, trade secret, copyright, or other proprietary right of any party. You will not access or use the Waffle Products in a way that could damage, disrupt, or limit the functionality of the Waffle Products or otherwise interfere or cause damage to Waffle or the Waffle Products. You will not access or use the Waffle Products to attempt to or to obtain unauthorized access to the Waffle Products, computer systems and networks associated with the Waffle Products, or data or other information of any third party by any means. You will not access or use the Waffle Products to breach the security of, compromise or otherwise gain access to secured, protected or inaccessible areas of the Waffle Products.

2.4 You will not impersonate any other person or entity, including our employees or representatives.

3. User Accounts

3.1 In order to use most aspects of the Services, you must register for and maintain a user account(“Account”). Account registration requires you to submit certain personal information, such as your name, email address, street address, and/or mobile phone number, etc. You agree to provide and maintain accurate, complete, and up-to-date information in your Account.

3.2 You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times, and do not allow any unauthorized access to your phone, other devices or personal information. We are not liable for any loss that you may suffer through the use of your password by others.

3.3 You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to Waffle. You hereby authorize Waffle, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information.

4. Limitation of Liability Warranty Disclaimer and Indemnity

4.1 You understand and acknowledge that we cannot promise or guarantee specific results from using the Waffle Products.

4.2 Waffle does not warrant the Waffle Products or services made available on the Waffle Products for any purpose. Waffle expressly disclaims all implied warranties. Without limiting the foregoing, we make no warranty that the Waffle Products or its content or services will meet your requirements, be uninterrupted, timely or error-free.

4.3 Waffle cannot and does not guarantee the validity, accuracy, timeliness, completeness, results, of the Waffle Products or its content or services.

4.4 Waffle is not responsible for any damage or loss that may result from a third-party’s interception of the content or services made available to you on the Waffle Products. The Waffle Products could include technical or other mistakes, inaccuracies or typographical errors. Waffle may make changes to the content and services at the Waffle Products at any time without notice. The use of the services or the downloading or other acquisition or any Waffle Products content is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

4.5 Waffle will not have any liability or responsibility of any kind whatsoever for any damage or loss in the event of or in connection with any of the following: any failure or interruption of the Waffle Products; any error, act or omission in the technical content and operation of the Waffle Products; any error in the Waffle Products content; any service made available on the Waffle Products.

4.6 California Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.

4.7 Indemnification. You hereby agree to indemnify, defend, and hold harmless Waffle from and against any and all claims, losses, expenses, liabilities, damages or demands(including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Waffle Products, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; and (iv) your information and content that you submit or transmit through the Waffle Products. Waffle reserves the right ,at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Waffle.

5. Intellectual Property

5.1 The Waffle Products and all its content is protected by all intellectual property and/or other proprietary rights available within the United States. All rights, title and interests in the Waffle Products and its content (including any information, communications, software, published works, photos, video, graphics, music, sound, or other material that can be viewed by users on the Waffle Products and is owned by Waffle) is the sole and exclusive property of Waffle except as stated otherwise.

5.2 All custom graphics, icons, logos and service names on the Waffle Products are registered trademarks, trademarks or service marks of Waffle or their respective third-party owners. Nothing in these Terms of Use grants you any right to use any mark.

5.3 Any unauthorized use of the Waffle Products content violates our intellectual property interests and could result in criminal or civil penalties.

6. Third Party Practices

6.1 This Waffle Products may contain or provide links to other websites or services that are not maintained by us. Unless otherwise stated, we make no warranties or representations regarding these websites or the products and services offered on them. We do not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of the other sites, as their practices may differ from ours.

7. Termination of Use

7.1 You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Waffle Products with or without notice and for any reason. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

8. Will We Change This Terms of Use?

8.1 Each time you use the Waffle Products or Services the current version of the Terms of Use will apply.

8.2 When you use the Waffle Products, you should check the date of this Terms of Use (which appears at the top of the Terms of Use) and review any changes since the last version. Our business changes frequently and the Terms of Use is subject to change from time to time. Unless stated otherwise, our current Terms of Use applies to all information that we have about you.

9. How Do You Contact Us?

9.1 To contact us with your questions or comments regarding this Terms of Use or the Privacy Policy, please email us at founders@waffle-labs.com.

9.2 All communications or material sent by you to us will be treated as non-confidential and non-proprietary information to us, unless as stated otherwise in our Privacy Policy.

10. Governing Law

10.1 This Policy is governed by the laws of the State of New York, U.S.A. without giving effect to any principles of conflict of law.

11. Additional Terms

11.1 If you have downloaded any software, including any version of any App provided by us, from the Apple Application Store, the following additional terms apply to such software:

11.2 You agree and acknowledge that Apple is not responsible for the software and its content. In addition, your use of such software downloaded from such location is limited to a non-transferable license to use the software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch)("iOS Devices") or Mac OS X ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the software.

11.3 Apple has no warranty obligation with respect to the software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this Agreement is the responsibility of Waffle. Please notethat Waffle has disclaimed all warranties to the extent permitted (see Section3 “Limitation of Liability, Warranty Disclaimer and Indemnity” above).

11.4 Apple is not responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

11.5 Apple is not responsible for any third-party infringement claims that the software or your possession and use of the Software infringe a third party's intellectual property rights.

11.6 Third Party Beneficiary: Waffle and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to any such Software.