Terms of Service
This agreement is between Wishupon, Inc. ("Fidélité"), the owner and operator of the Wishupon Site (www.wishupon.company), the Fidélité app software (the "Fidélité Service", "Service", or "App"), and you ("you" or "You"), a user of the Service. By using the Service, you acknowledge and agree to these Terms of Service as well as Fidélité's Privacy Policy, available at https://wishupon.app/fidelite/privacy-policy.html, which is incorporated herein by reference. If you do not agree to any of these terms, you may not use the Service.
These Terms of Service apply to all users of the Fidélité Service. Please note that the Fidélité Service may provide links to third-party websites that are not owned or controlled by Fidélité. Fidélité has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Moreover, Fidélité cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Fidélité shall not be liable for any damages, claims, or other liability arising from or related to your use of any third-party website.
1. Fidélité grants you a non-transferable license to download, install, and use the App on your mobile device, subject to your compliance with these Terms of Service. This license is solely for your personal, non-commercial use of the App. You must obtain Fidélité's prior written authorization before duplicating, transferring, copying, or distributing any part of the Service in any medium. Furthermore, you must not attempt to reverse engineer, alter or modify any part of the Service and must otherwise comply with the terms and conditions of these Terms of Service.
2. To access and use the Service, you must provide Fidélité with accurate and complete information, including your loyalty card number. You agree not to use another person's loyalty card number without consent.
3. We reserve the right to modify or remove any elements, features, or functionalities of the App, in whole or in part, at any time and without prior notice.
4. If We determine that you are making illegal or unauthorized use of the App, or your use of the App is in breach of these Terms, We may take any necessary action, including terminating your use of the App without notice and, in the case of illegal use, initiating legal proceedings.
5. We will use reasonable efforts to ensure that the App is available to you at all times. However, we cannot guarantee that the service will be uninterrupted or free of faults.
6. We reserve the right to modify the App or discontinue any aspect or feature of the App without prior notice to you. We reserve the right to temporarily or permanently suspend or disable your access to the App without notice if you violate any of these provisions.
We are not liable for any loss, injury, or damage caused by the use of the App or Content, or any failure, delay, interruption, or non-performance of our obligations under these Terms. The Content is provided by third parties, and we do not guarantee its accuracy or validity. Please verify the applicability and validity of any discounts or promotions before making any purchase.
We are not liable to you for any special, indirect, incidental, or consequential damages, including loss of profits, goodwill, business, or business benefits.
We exclude all representations, warranties, obligations, and liabilities related to the App and the information provided therein to the fullest extent permitted by law.
The App may contain links to third-party websites and companies. We do not endorse the views expressed within them and are not responsible for their availability, suitability, reliability, or content.
You may make a purchase through an App Store(the “Purchase”). Our “Purchase”(Remove Ads) service is available on a one-time purchase. Your “Purchase” is valid for only one user account. We may offer a free trial period for “Purchase”. If you sign up for a free trial, you will be charged the fee when the free trial period ends.
Users in certain regions may be required to pay local taxes, which will be calculated and added to the total cost of a purchase. Payment providers may apply their own commissions and conversion rates to payments in various currencies. This is outside of Wishupon’s control.
If your payment method is declined, you must provide new payment information or your payment will be canceled.
By providing payment information for the one-time purchase(“Remove Ads”), you are agreeing to pay a non-refundable fee and any applicable taxes and service fees.
If you purchased through App Store using your Apple ID, you are subject to App Store’s refund policies. This means when a Purchase is made through App Store, we cannot grant refunds. You will have to contact App Store support. If you purchased Wishupon Plus using Google Play, you will have to visit Google Play to request cancellation.
PLEASE NOTE THAT THE PURCHASE(REMOVE ADS) FEE IS NON-REFUNDABLE AND ALL SALES ARE FINAL.
We reserve the right in the future to charge for use of our services that are currently available free of charge. We may add new features to “Purchase”. Also, we may remove some of the existing features if we are no longer able to provide them for legal or technical reasons. We will provide users with notice of any material change to the terms and conditions applicable to the “Purchase” paid service at least thirty days prior to such change taking effect.
By continuing to use our services after the change takes effect, you accept the new terms. You will have the opportunity to cancel your “Purchase” before the new fee comes into effect.
You are obligated to defend, indemnify, and hold harmless Fidélité, its parent corporation, officers, directors, employees, and agents from all claims, damages, obligations, losses, liabilities, costs, or debt, including attorney's fees, resulting from: (i) your use of and access to the Fidélité Service; (ii) your violation of any provision of these Terms of Service; and (iii) your violation of any third-party right, including but not limited to copyright, property, or privacy rights. This obligation to defend and indemnify will remain in effect beyond these Terms of Service and your use of the Fidélité Service.
These Terms constitute the entire agreement between You and Us and supersede any prior communications or advertising related to the App. You may print and retain a copy of these Terms for reference. These Terms may only be modified with Our prior written consent. We reserve the right to modify or amend these Terms at any time, without notice. Your continued use of the App following such changes constitutes acceptance of the amended Terms.
1. Fidélité grants You a non-exclusive, non-transferable license to download, install and use the App on Your mobile device, subject to Your compliance with these Terms of Service. Your use of the App is for personal, non-commercial use only. You agree not to duplicate, transfer, copy, or distribute any part of the App without Fidélité's prior written consent. You will not attempt to reverse engineer, alter or modify any part of the App, and will comply with all the terms and conditions of these Terms of Service.
2. These Terms and their performance shall be governed by and construed in accordance with the laws of South Korea, and the parties submit to the exclusive jurisdiction of the courts of South Korea.
3. You acknowledge that a demonstrated breach of these Terms by You would irreparably harm Us and that monetary damages would not be adequate compensation. Therefore, You agree that We shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
4. If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will remain valid and enforceable to the extent permitted by applicable law. In such an event, the parties agree to use their best efforts to replace the invalid or unenforceable provision with a provision that achieves the purposes intended under the invalid or unenforceable provision. Any failure by any party to these Terms to enforce any term or condition under these Terms will not be considered a waiver of that party's right to enforce each and every term and condition of these Terms thereafter.
5. Neither party will be responsible for delays resulting from circumstances beyond its reasonable control, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
If You believe that any materials appearing on the App infringe Your copyright, please contact us by emailing bonjour@wsupon.com and provide full details of complaints and the materials to which the complaint relates.
Updated May 17, 2023