TERMS OF SERVICE
Last updated October 12, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Wayflo LLC (“Company,” “we,” “us,” or “our”), a Wyoming limited liability company, with an address at 28 Geary St STE 650, Suite #697, San Francisco, CA 94108, United States.
We operate the website https://wayflo.com (the "Site" ) , as well as any other related products and services that refer or link to these legal terms (the "Legal Terms" ) (collectively, the "Services" ).
You can contact us by email at legal@wayflo.com or by mail to 28 Geary St STE 650, Suite #697 , San Francisco , CA 94108 , United States .
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ( "you" ), and Wayflo LLC , concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time . We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content" ), as well as the trademarks, service marks, and logos contained therein (the "Marks" ).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for use in operating your business, including creating, hosting, and selling your courses.
Your use of our Services
Subject to your compliance with these Legal Terms, including the " PROHIBITED ACTIVITIES " section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely in connection with your authorized use of the Services, including commercial use to create and sell your courses.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: legal@wayflo.com . If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the " PROHIBITED ACTIVITIES " section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ( "Submissions" ), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ( "Contributions" ). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services .
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): You retain all ownership of your Contributions, including your courses, videos, and other materials. By posting Contributions, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, encode, transcode, stream, display, and deliver your Contributions solely to operate and provide the Services to you and to the students and users you authorize. This license ends when you delete your Contributions or your account, except for reasonable backup copies and content already shared with others. We will not sell your courses or use them in our advertising without your permission.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any and all moral rights to any such Submission
and/or Contribution ; - warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and - warrant and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the " COPYRIGHT INFRINGEMENTS " section below.
By using the Services, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a
minor in the jurisdiction in which you reside ; ( 5) you will not access the Services through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars .
You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services.
Merchant of Record. Wayflo subscriptions and platform fees are sold through our reseller and Merchant of Record, Polar Software Inc. ("Polar"). Polar processes your payment, issues your invoices and receipts, and calculates, collects, and remits applicable sales tax, VAT, GST, or similar taxes on your Wayflo subscription. Your purchase of a Wayflo subscription is also subject to Polar's terms and privacy policy presented at checkout. This applies only to fees you pay to Wayflo; it does not apply to courses you sell to your own students (see the "Contribution License" section below).
Merchant of Record. Wayflo subscriptions and platform fees are sold through our reseller and Merchant of Record, Polar Software Inc. ("Polar"). Polar processes your payment, issues your invoices and receipts, and calculates, collects, and remits applicable sales tax, VAT, GST, or similar taxes on your Wayflo subscription. Your purchase of a Wayflo subscription is also subject to Polar's terms and privacy policy presented at checkout. This applies only to fees you pay to Wayflo; it does not apply to courses you sell to your own students (see the "Contribution License" section below).
6. SUBSCRIPTIONS
Billing and Renewal
Cancellation
14-Day Money-Back Guarantee. If you are not satisfied with a new paid subscription, you may request a full refund within fourteen (14) days of your initial purchase by emailing billing@wayflo.com. Approved refunds are issued to your original payment method through Polar. After 14 days, payments are non-refundable except where required by law.
If you have any questions or are unsatisfied with our Services, please email us at
Fee Changes
7. AFFILIATE PROGRAM
We may offer an affiliate program that pays commissions for referring new paying customers. Participation is by approval, and we may decline, suspend, or end any affiliate's participation at our discretion. Commission rates, cookie and attribution windows, payout thresholds, and holding periods are shown in the affiliate dashboard and may change prospectively.
Tracking and payouts. Referrals are tracked through affiliate links and referral cookies or identifiers. Affiliate accounts, attribution, commissions, and payouts are administered by our affiliate program provider, Uplup Inc. (Rekomi), which acts as Payer of Record. To receive payouts, affiliates must complete identity verification and provide valid tax information (such as a W-9 or W-8 form). Affiliates are responsible for their own taxes. Commissions are not earned on refunded, charged-back, or fraudulent purchases, and we may reverse such commissions.
Affiliate conduct. Affiliates may not refer themselves or their own accounts; bid on "Wayflo" or confusingly similar terms in paid search ads; send spam or unsolicited messages; make false or misleading claims about Wayflo, including income or results claims; or imply they speak for Wayflo. Affiliates must clearly disclose their affiliate relationship as required by law, including the FTC Endorsement Guides. Affiliates are independent parties, not employees, agents, or partners of Wayflo LLC. Violations may result in forfeited commissions and removal from the program.
Meaning of "lifetime" commissions. Where we describe commissions as "lifetime" or "recurring," this means commissions on eligible payments made by a referred customer for as long as (a) that customer's subscription remains active and in good standing without interruption, (b) the affiliate remains an approved participant in good standing, and (c) the affiliate program remains in effect. "Lifetime" refers to the lifetime of the referred customer's continuous subscription, not the lifetime of the affiliate or any fixed period. Commissions end if the referred customer cancels, lapses, or is refunded (a later re-subscription is not a continuation), if the affiliate is removed or leaves the program, or if the program ends. Lifetime commissions are not transferable, are not a guarantee of future income, and do not create any ownership interest in or ongoing right to revenue from any customer. Any promotional rate is honored only as stated in the offer, and we may change commission rates for future payments as described above.
Changes to or termination of the program. We reserve the right to modify, suspend, or terminate the affiliate program, in whole or in part, at any time with or without prior notice. In the event of program termination, valid and undisputed commissions earned prior to termination will be paid out in accordance with standard payout terms and thresholds, and no further commissions will accrue.
Tracking and payouts. Referrals are tracked through affiliate links and referral cookies or identifiers. Affiliate accounts, attribution, commissions, and payouts are administered by our affiliate program provider, Uplup Inc. (Rekomi), which acts as Payer of Record. To receive payouts, affiliates must complete identity verification and provide valid tax information (such as a W-9 or W-8 form). Affiliates are responsible for their own taxes. Commissions are not earned on refunded, charged-back, or fraudulent purchases, and we may reverse such commissions.
Affiliate conduct. Affiliates may not refer themselves or their own accounts; bid on "Wayflo" or confusingly similar terms in paid search ads; send spam or unsolicited messages; make false or misleading claims about Wayflo, including income or results claims; or imply they speak for Wayflo. Affiliates must clearly disclose their affiliate relationship as required by law, including the FTC Endorsement Guides. Affiliates are independent parties, not employees, agents, or partners of Wayflo LLC. Violations may result in forfeited commissions and removal from the program.
Meaning of "lifetime" commissions. Where we describe commissions as "lifetime" or "recurring," this means commissions on eligible payments made by a referred customer for as long as (a) that customer's subscription remains active and in good standing without interruption, (b) the affiliate remains an approved participant in good standing, and (c) the affiliate program remains in effect. "Lifetime" refers to the lifetime of the referred customer's continuous subscription, not the lifetime of the affiliate or any fixed period. Commissions end if the referred customer cancels, lapses, or is refunded (a later re-subscription is not a continuation), if the affiliate is removed or leaves the program, or if the program ends. Lifetime commissions are not transferable, are not a guarantee of future income, and do not create any ownership interest in or ongoing right to revenue from any customer. Any promotional rate is honored only as stated in the offer, and we may change commission rates for future payments as described above.
Changes to or termination of the program. We reserve the right to modify, suspend, or terminate the affiliate program, in whole or in part, at any time with or without prior notice. In the event of program termination, valid and undisputed commissions earned prior to termination will be paid out in accordance with standard payout terms and thresholds, and no further commissions will accrue.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Send spam or unsolicited email. Use the Services' email, notification, announcement, or sequence features to send unsolicited commercial messages, or to email purchased, rented, scraped, or otherwise acquired lists. You must have an active enrollment or customer relationship with, or affirmative consent from, every recipient, honor unsubscribe requests, and comply with applicable email laws (such as CAN-SPAM, CASL, and GDPR/ePrivacy), including providing a valid physical mailing address where required. We may throttle, pause, or suspend your email features or account, without prior notice, if your sending causes bounce or spam-complaint rates above industry norms or puts our sending reputation at risk.
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . - Use the Services as part of any effort to compete with us, or resell, sublicense, or white-label the Services themselves without our prior written permission. (Using the Services to create, market, and sell your own courses is expressly permitted.)
9. PROHIBITED COURSE CONTENT AND COURSE GUIDELINES
Creators are solely responsible for the courses, videos, and other materials they publish or sell through the Services. Courses must be accurate, lawful, and delivered as described. You may not use the Services to create, host, sell, or distribute courses or materials that include:
- Sexually explicit, pornographic, or adult content, or content that sexualizes minors in any way.
- Get-rich-quick schemes, guaranteed income or investment returns, pyramid or multi-level marketing recruitment, or other deceptive financial programs.
- Medical, mental health, legal, or financial advice presented as a substitute for a licensed professional, or unverified claims to diagnose, treat, or cure disease.
- Instructions for making or acquiring weapons, explosives, controlled substances, or hazardous materials, or for engaging in other dangerous or unlawful activities.
- Malware creation, unauthorized access to systems, or other cyberattack techniques intended for misuse. Legitimate, defensive, and ethical security education is permitted.
- Academic dishonesty services, including test-taking, essay-writing, or fake credential or diploma offerings.
- Hate speech, harassment, or content that promotes violence, terrorism, violent extremism, or discrimination based on protected characteristics.
- Content that infringes the intellectual property, privacy, or publicity rights of others, or that you do not have the rights to sell or distribute.
Courses must also comply with the rules and acceptable use policies of our payment processors (including Stripe) and infrastructure providers, as well as all laws applicable to you and your Learners. Courses that make income, health, or performance claims must include accurate disclaimers and must not mislead Learners.
We may, but are not obligated to, review courses. We reserve the right, in our sole discretion and without prior notice or liability, to remove or disable access to any course, suspend payouts or sales, or suspend or terminate any account that we believe violates these guidelines or exposes Wayflo, our providers, or Learners to risk. Fees paid to Wayflo are not refundable when an account is suspended or terminated for violating these guidelines.
10. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
11. CONTRIBUTION LICENSE
By posting your Contributions, you grant us only the limited license described in the "INTELLECTUAL PROPERTY RIGHTS" section above, solely to host, store, process, and deliver your Contributions to operate the Services.
Transactions between creators and their students. If you sell courses or other content to your own students or customers through the Services, those transactions are solely between you and your students. You are responsible for your course content, any promises or representations you make, customer support, and refunds to your students. We act only as the software provider and are not a party to those transactions.
Taxes on your sales. You are solely responsible for determining, collecting, reporting, and remitting any sales tax, VAT, GST, or other transaction taxes that apply to your sales to your students. Wayflo and Polar are not the merchant of record for those sales, which are processed through payment accounts you connect (such as Stripe), and do not calculate, collect, or remit taxes on your behalf.
Backups. While we maintain redundant cloud infrastructure, you are responsible for keeping your own backup copies of your original source video files and other materials.
Transactions between creators and their students. If you sell courses or other content to your own students or customers through the Services, those transactions are solely between you and your students. You are responsible for your course content, any promises or representations you make, customer support, and refunds to your students. We act only as the software provider and are not a party to those transactions.
Taxes on your sales. You are solely responsible for determining, collecting, reporting, and remitting any sales tax, VAT, GST, or other transaction taxes that apply to your sales to your students. Wayflo and Polar are not the merchant of record for those sales, which are processed through payment accounts you connect (such as Stripe), and do not calculate, collect, or remit taxes on your behalf.
Backups. While we maintain redundant cloud infrastructure, you are responsible for keeping your own backup copies of your original source video files and other materials.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
12. AI-POWERED FEATURES
Wayflo offers optional features powered by artificial intelligence and machine learning technologies ("AI Features"), such as automated audio transcription, subtitle generation, video chapter detection, quiz draft generation, and learning analytics. These AI Features may be provided in whole or in part through third-party AI service providers ("AI Service Providers"), including OpenAI, Inc. (including its Whisper speech-to-text model for audio transcription) and Google LLC (Google Gemini).
Input and Output Ownership. As between you and Wayflo, you retain all right, title, and ownership in any videos, audio, prompts, or materials you submit to the AI Features ("Input"). Subject to your compliance with these Legal Terms and applicable law, you own all rights in any text, transcripts, quizzes, chapters, or other materials generated by the AI Features from your Input ("Output"). Wayflo does not claim ownership of your Output.
Accuracy and Creator Review Responsibility. Artificial intelligence and machine learning technologies are probabilistic and rapidly developing. Output may occasionally be incomplete, inaccurate, offensive, out of date, or not suitable for your intended use. You are solely responsible for reviewing, proofreading, editing, and verifying all Output, including transcripts, auto-generated quizzes, and video chapters, before publishing, presenting, or making it available to Learners or third parties. Wayflo does not guarantee the accuracy, completeness, or suitability of any Output.
Disclaimer of Warranties. AI Features and all Output are provided strictly on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, Wayflo disclaims all warranties, express or implied, including warranties of accuracy, non-infringement, merchantability, or fitness for a particular educational or commercial purpose regarding AI Features or Output.
Acceptable Use of AI Features. You agree not to use the AI Features: (a) to generate unlawful, harassing, defamatory, fraudulent, or infringing material; (b) in any manner that violates the published terms, policies, or acceptable use guidelines of our AI Service Providers (including OpenAI's Usage Policies and Google's Generative AI Prohibited Use Policy); (c) to reverse engineer, scrape, or extract underlying models or algorithms; or (d) to represent that AI-generated Output was entirely human-created where disclosure is required by applicable law or professional standards.
No Model Training on Your Content. Wayflo does not use your Input, Output, or Learner data to train or fine-tune public foundation AI models. We contract with our AI Service Providers under commercial terms that prohibit them from using your data to train their models.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
Fair Use and Platform Resources
Our plans are designed for the normal operation of an online course business. To keep the Services fast and reliable for everyone, your use of shared platform resources must remain within reasonable limits for your plan. If your usage significantly exceeds what is typical for your plan, or threatens the stability, security, or cost of the Services, we may take the steps described below. Where commercially practical, we will contact you first and work with you on a solution, such as moving to a plan or arrangement suited to your volume.
Video streaming and bandwidth. Video delivery is intended for your enrolled students viewing your courses. We may limit playback resolution, concurrent streams, or bandwidth, or temporarily restrict delivery, if we detect unusually high or abnormal streaming activity, suspected automated or fraudulent traffic, scraping, hotlinking, or unauthorized redistribution of video.
Email allowances and integrity. Plans that include email features include a monthly sending allowance (currently up to 2,000 transactional course notifications per month on the Creator plan, and up to 5,000 broadcast and sequence emails per month on the Growth plan, in addition to transactional notifications). Sending beyond your allowance may require additional usage fees or a plan change. Email use is also subject to the "Prohibited Activities" section above.
AI transcription and processing. AI-powered features, such as transcription, are provided to support your own course content. We may limit or pause these features if usage appears abusive or unusually repetitive, such as repeatedly uploading, processing, and deleting media to generate transcripts without a genuine course purpose.
Storage and downloads. Storage is provided for course videos and related course materials. The Services may not be used as general file hosting, backup, or a content distribution service. We may restrict the file types that can be uploaded and remove or limit access to files that do not support your courses.
Seats. Team seats are for individual members of your team. Each seat must be used by a single person, and login credentials may not be shared among multiple people.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://wayflo.com/privacy . By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. To the extent Wayflo processes personal data on your behalf as a processor or service provider (for example, data about your Learners), our Data Processing Addendum is incorporated into and forms part of these Legal Terms. Our current subprocessors are listed at wayflo.com/subprocessors. Please be advised the Services are hosted in the United States . If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States , then through your continued use of the Services, you are transferring your data to the United States , and you expressly consent to have your data transferred to and processed in the United States .
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification" ). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California , without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Dispute Resolution
Before starting arbitration, the Party bringing a Dispute must send the other Party a written notice describing the Dispute and the specific relief requested. Written notices to us must be delivered by certified mail (return receipt requested) or nationally recognized overnight courier to:
Wayflo LLC
Attn: Legal Department
28 Geary St STE 650
Suite #697
San Francisco, CA 94108
United States
You may also send a courtesy copy by email to legal@wayflo.com, but an email alone does not satisfy this written notice requirement. The Parties will then try in good faith to resolve the Dispute informally for at least sixty (60) days, including, if either Party requests, an individual phone or video conference. Each claimant must personally participate, though counsel may attend. No arbitration may be filed until this process is complete, and the limitations period is paused during it.
Wayflo LLC
Attn: Legal Department
28 Geary St STE 650
Suite #697
San Francisco, CA 94108
United States
You may also send a courtesy copy by email to legal@wayflo.com, but an email alone does not satisfy this written notice requirement. The Parties will then try in good faith to resolve the Dispute informally for at least sixty (60) days, including, if either Party requests, an individual phone or video conference. Each claimant must personally participate, though counsel may attend. No arbitration may be filed until this process is complete, and the limitations period is paused during it.
Binding Arbitration
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles County , California , and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts . Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Mass arbitration. If twenty-five (25) or more similar Disputes are brought against us by or with the help of the same or coordinated counsel, they will be administered in batches of no more than twenty-five (25) claimants each. Only one batch may be filed and proceed at a time, and the remaining Disputes will not be considered filed, and no fees will be owed on them, until their batch is reached. The limitations period for each Dispute is paused while it waits. Where possible, the same arbitrator will hear each batch. A court may enforce this paragraph, including by staying filings that violate it.
Exceptions to Arbitration
20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Suite #697