Terms & Conditions

AGREEMENT TO OUR LEGAL TERMS

We are Zale Design Group LLC, doing business as Wai Design.

We operate the website www.wheretheartis.store , the mobile application Wai Design, 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 waidesignstore@gmail.com or by mail to:

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Zale Design Group 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 at any time and for any reason.

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.

AGE REQUIREMENT

The Services are intended for users who are at least 13 years of age.

AGE AND MINORS

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or legal guardian to use the Services.

If you are a minor, your parent or guardian must read and agree to these Legal Terms prior to your use of the Services.

We recommend that you print a copy of these Legal Terms for your records.

Our Services
Intellectual Property Rights
User Representations
User Registration
Products
Purchases and Payment
Subscriptions
Refunds Policy
Prohibited Activities
User Generated Contributions
Contribution License
Guidelines for Reviews
Mobile Application License
Social Media
Third-Party Websites and Content
Services Management
Privacy Policy
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
SMS Text Messaging
California Users and Residents
Miscellaneous
Contact Us

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 would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those 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, including the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or similar laws. If your interactions would be subject 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 (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

The Content and Marks are protected by copyright, trademark, and other intellectual property laws and treaties in the United States and throughout the world.

The Content and Marks are provided through the Services on an “AS IS” basis for your personal, non-commercial use only.

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 for your personal, non-commercial use.

Except as expressly permitted, no part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

Requests for permission should be sent to: waidesignstore@gmail.com.

If permission is granted, you must identify us as the owners or licensors and ensure that any copyright or proprietary notices remain visible.

All rights not expressly granted are reserved. Any breach of these Intellectual Property Rights constitutes a material breach and will result in immediate termination of your right to use the Services.

Your Submissions

Before submitting content, please review this section and the Prohibited Activities section carefully.

Submissions include any questions, comments, suggestions, ideas, feedback, or other information you send to us. By submitting such content, you assign all intellectual property rights in the submission to us. We may use and distribute it for any lawful purpose without acknowledgment or compensation.

You are responsible for what you submit and agree that you will not post or transmit content that is illegal, abusive, defamatory, obscene, discriminatory, misleading, or otherwise harmful.

You waive any moral rights to the extent permitted by law and warrant that you have the rights and authority to submit such content.

You agree to indemnify us for any losses resulting from your breach of this section, third-party intellectual property rights, or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete.
You will maintain and promptly update such information.
You have the legal capacity and agree to comply with these Legal Terms.
You are not under the age of 13.
You are not a minor in your jurisdiction, or if you are, you have received parental permission.
You will not access the Services through automated or non-human means.
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable law or regulation.

If any information provided is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your login credentials confidential and are responsible for all activity under your account.

We reserve the right to remove or change usernames that are inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

All products are subject to availability. We reserve the right to discontinue any product at any time without notice. Prices are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

Visa
Mastercard
PayPal

You agree to provide accurate and complete purchase information and to promptly update payment details. All payments are made in U.S. dollars. Sales tax may be added where required.

We reserve the right to refuse or cancel orders, limit quantities, and correct pricing errors.

7. SUBSCRIPTIONS

Billing and Renewal

Subscriptions automatically renew unless canceled. Billing is monthly.

Cancellation

You may cancel at any time through your account. Cancellation takes effect at the end of the current billing period.

Fee Changes

We may change subscription fees with notice as required by law.

8. REFUNDS POLICY

Please review our Refund Policy posted on the Services before making a purchase.

9. PROHIBITED ACTIVITIES

You may not use the Services for any purpose other than their intended use. Unauthorized commercial use is prohibited.

You agree not to, including but not limited to:

Systematically collect data from the Services without permission.
Engage in fraud, harassment, or unlawful activities.
Circumvent security features.
Upload malicious code or interfere with the Services.

Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with the uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the Services.
Engage in any automated use of the system, including scripts, data mining, robots, or similar data gathering and extraction tools.
Delete copyright or other proprietary rights notices from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit material that acts as a passive or active information collection or transmission mechanism, including GIFs, web bugs, cookies, spyware, or similar devices.
Interfere with, disrupt, or create an undue burden on the Services or networks connected to the Services.
Harass, annoy, intimidate, or threaten any employee or agent providing any portion of the Services.
Attempt to bypass measures designed to prevent or restrict access to the Services.
Copy or adapt the Services’ software, including Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any software comprising any part of the Services, except as permitted by law.
Use, launch, develop, or distribute any automated system, including spiders, robots, scrapers, or offline readers, or any unauthorized script or software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames or email addresses for unsolicited email or creating accounts by automated means or under false pretenses.
Use the Services to compete with us or for any revenue-generating or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods or services.

10. USER GENERATED CONTRIBUTIONS

The Services do not require users to submit or post content. However, we may provide opportunities for you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content, including text, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (“Contributions”).

Contributions may be viewable by other users and through third-party websites. When you create or make available any Contributions, you represent and warrant that:

Your Contributions do not infringe any third-party proprietary rights, including copyright, patent, trademark, trade secret, or moral rights.
You own or have the necessary licenses, rights, consents, releases, and permissions to use and authorize the use of your Contributions.
You have written consent from every identifiable individual appearing in your Contributions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, spam, or solicitation.
Your Contributions are not obscene, lewd, violent, harassing, defamatory, or otherwise objectionable.
Your Contributions do not ridicule, intimidate, abuse, or threaten any person or group.
Your Contributions do not promote violence or violate any law or regulation.
Your Contributions do not violate privacy or publicity rights.
Your Contributions do not violate laws related to child protection.
Your Contributions do not include offensive content related to race, nationality, gender, sexual orientation, or disability.
Your Contributions do not otherwise violate these Legal Terms or applicable law.

Any violation of the foregoing may result in termination or suspension of your right to use the Services.

11. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data you provide, including your preferences and settings.

By submitting suggestions or feedback, you agree that we may use and share such feedback for any purpose without compensation.

We do not claim ownership of your Contributions. You retain full ownership and all associated intellectual property rights. You are solely responsible for your Contributions and agree to release us from any liability arising from them.

12. GUIDELINES FOR REVIEWS

We may allow reviews or ratings on the Services. When posting a review, you agree that:

You have firsthand experience with the subject reviewed.
Reviews will not contain offensive, abusive, racist, hateful, or discriminatory language.
Reviews will not reference illegal activity.
You are not affiliated with competitors when posting negative reviews.
You will not make legal conclusions.
You will not post false or misleading statements.
You will not organize campaigns encouraging others to post reviews.

We may accept, reject, or remove reviews at our sole discretion. Reviews do not reflect our opinions and we assume no liability for them.

By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, sublicensable license to reproduce, modify, translate, transmit, display, perform, and distribute the review content.

13. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the App on devices you own or control, strictly in accordance with these Legal Terms.

You may not:

Decompile, reverse engineer, or decrypt the App, except as permitted by law.
Modify or create derivative works from the App.
Violate laws in connection with App use.
Remove proprietary notices.
Use the App for revenue-generating or commercial purposes.
Make the App available for simultaneous use by multiple users.
Use the App to create competing products or services.
Send automated queries or unsolicited commercial email.
Use our proprietary information or intellectual property to develop related products.

Apple and Android Devices

If the App is obtained from Apple App Store or Google Play:

The license is limited to use on devices operating iOS or Android in accordance with App Distributor terms.
We are responsible for maintenance and support as required by law; App Distributors have no such obligation.
In case of App failure, the App Distributor may refund the purchase price, if applicable, and has no further warranty obligations.
You represent that you are not located in an embargoed country or listed on restricted party lists.
You must comply with applicable third-party terms when using the App.
App Distributors are third-party beneficiaries of this license and may enforce its terms.

14. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

Providing your Third-Party Account login information through the Services; or
Allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions governing your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breaching any applicable terms and without obligating us to pay fees or comply with usage limitations imposed by the third-party service provider.

By granting us access to any Third-Party Account, you understand that:

We may access, make available, and store (if applicable) any content you have provided to and stored in your Third-Party Account (“Social Network Content”), including, without limitation, friend lists; and
We may submit to and receive from your Third-Party Account additional information to the extent disclosed when you link your account.

Depending on the Third-Party Accounts you choose and your privacy settings, personally identifiable information you post to your Third-Party Accounts may be available on and through the Services.

If a Third-Party Account or related service becomes unavailable or our access is terminated, Social Network Content may no longer be available through the Services. You may disable the connection between your account and your Third-Party Accounts at any time.

YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH THEM. We do not review Social Network Content for accuracy, legality, or non-infringement and are not responsible for it.

You acknowledge that we may access your email address book and contacts list associated with a Third-Party Account solely to identify contacts who are also registered users. You may deactivate the connection at any time, and we will attempt to delete information obtained through such Third-Party Accounts, except for usernames and profile pictures associated with your account.

15. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites (“Third-Party Websites”) and content belonging to or originating from third parties (“Third-Party Content”).

We do not investigate, monitor, or verify Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness and assume no responsibility for them. Inclusion of any Third-Party Website or Content does not imply endorsement.

If you choose to access Third-Party Websites or use Third-Party Content, you do so at your own risk, and these Legal Terms no longer apply. You should review the applicable terms and privacy policies of such third parties.

Any purchases made through Third-Party Websites are exclusively between you and the third party. We are not responsible for any harm, loss, or damages resulting from Third-Party Content or interactions with Third-Party Websites.

16. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Services for violations of these Legal Terms;
Take appropriate legal action against violators, including reporting to law enforcement;
Refuse, restrict, limit, or disable access to any Contributions;
Remove or disable content that is excessive in size or burdensome to our systems; and
Manage the Services to protect our rights and ensure proper functioning.

17. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

The Services are hosted in the United States and Brazil. If you access the Services from regions with different data protection laws, you consent to the transfer and processing of your data in the United States and Brazil.

We do not knowingly collect or solicit information from children under the age of 13. In accordance with the U.S. Children’s Online Privacy Protection Act (COPPA), if we learn that a child under 13 has provided personal information without verified parental consent, we will promptly delete such information.

PORTFOLIO AND MARKETING CONSENT

By entering into this Agreement, the Client hereby grants Zale Design Group LLC, doing business as Wai Design, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, publish, display, distribute, and publicly present the Client’s project for portfolio, marketing, educational, and promotional purposes.

This authorization includes, without limitation:

Photographs, videos, and other visual records of the project, including images of the property or space before, during, and after the completion of the services;
Descriptions, mockups, renderings, plans, and final deliverables related to the project;
Non-confidential excerpts of written communications, text messages, emails, audio recordings, video recordings, or phone call records exchanged in connection with the project; and
The use of such materials in digital or printed portfolios, websites, social media platforms, presentations, lectures, workshops, case studies, and future demonstrations for prospective or existing clients.

The Client acknowledges and agrees that no compensation, royalties, or additional consideration shall be owed for such use and that the Company may edit, crop, or format the materials, provided that the project is not presented in a misleading or defamatory manner.

The Client further agrees that this consent survives the termination or completion of this Agreement.

Notwithstanding the foregoing, the Company agrees not to disclose sensitive personal information, confidential data, or precise property location details unless expressly authorized in writing by the Client or required by law.

18. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO THE SERVICES FOR ANY REASON, INCLUDING BREACH OF THESE LEGAL TERMS OR APPLICABLE LAW.

We may terminate your use of the Services, delete your account (if applicable), and remove any content you have posted at any time, without warning.

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 pursuing civil, criminal, and injunctive remedies.

19. 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 the Services.

We also reserve the right to modify or discontinue all or part of the Services without notice at any time. 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 that the Services will be available at all times. We may experience hardware, software, or other issues or need to perform maintenance, resulting in interruptions, delays, or errors.

You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain or support the Services or to provide updates, corrections, or releases.

20. 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 Florida, applicable to agreements made and to be fully performed within the State of Florida, without regard to conflict of law principles.

21. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control costs, any dispute, controversy, or claim related to these Legal Terms (“Dispute”) shall first be attempted to be resolved through informal negotiations for at least one hundred eighty (180) days before initiating arbitration.

Informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA Consumer Rules.

Arbitration may be conducted in person, by document submission, by phone, or online. The arbitrator shall issue a written decision and follow applicable law.

Unless otherwise required by law, arbitration shall take place in Lee County, Florida.

The Parties may seek court intervention to compel arbitration, stay proceedings, or confirm, modify, or vacate an arbitration award.

If a Dispute proceeds in court rather than arbitration, it shall be brought exclusively in the state or federal courts located in Lee County, Florida. The Parties consent to personal jurisdiction and waive defenses of lack of jurisdiction or forum non conveniens.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transaction Act (UCITA) do not apply to these Legal Terms.

No Dispute may be brought more than one (1) year after the cause of action arose. If any part of this provision is deemed unenforceable, the Dispute shall be resolved by a court of competent jurisdiction as described above.

Restrictions

Arbitration shall be limited to disputes between the Parties individually. There shall be:

No class arbitration
No class actions
No representative actions on behalf of others

Exceptions to Informal Negotiations and Arbitration

The following Disputes are not subject to arbitration:

Disputes involving intellectual property rights
Claims related to theft, piracy, invasion of privacy, or unauthorized use
Claims seeking injunctive relief

If any portion is found unenforceable, such Dispute shall be resolved in the courts listed above.

22. CORRECTIONS

There may be errors, inaccuracies, or omissions in the Services, including descriptions, pricing, and availability. We reserve the right to correct such issues and update information at any time without prior notice.

23. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE ASSUME NO LIABILITY FOR ERRORS, INACCURACIES, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORIZED ACCESS, SERVICE INTERRUPTIONS, VIRUSES, OR LOSSES RESULTING FROM CONTENT MADE AVAILABLE THROUGH THE SERVICES.

WE DO NOT GUARANTEE OR ENDORSE ANY THIRD-PARTY PRODUCTS OR SERVICES AND ARE NOT RESPONSIBLE FOR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES.

24. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA.

OUR TOTAL LIABILITY SHALL NOT EXCEED $500.00 USD, REGARDLESS OF THE CAUSE OF ACTION.

Some jurisdictions do not allow certain limitations. If applicable, some limitations may not apply to you.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from any claims, damages, losses, liabilities, and expenses arising out of:

Your use of the Services
Breach of these Legal Terms
Breach of representations and warranties
Violation of third-party rights
Harmful conduct toward other users

We reserve the right to assume exclusive defense at your expense. You agree to cooperate fully.

26. USER DATA

We maintain data for service operation purposes. Although backups are performed, you are solely responsible for your data.

We are not liable for loss or corruption of data, and you waive any claims arising from such loss.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You consent to receive electronic communications and agree that electronic records, contracts, and signatures satisfy legal requirements.

You waive any rights requiring original signatures or non-electronic records.

28. SMS TEXT MESSAGING

Program Description

By opting into our SMS program, you consent to receive text messages, which may include appointment reminders, order updates, responses to inquiries, and account alerts.

Opting Out

To stop receiving messages, reply STOP. You will receive confirmation. To rejoin, sign up again.

Message and Data Rates

Message and data rates may apply. Carriers are not responsible for delayed or undelivered messages.

Support

Reply HELP or contact us at waidesignstore@gmail.com.

29. CALIFORNIA USERS AND RESIDENTS

If a complaint is not resolved, you may contact the California Department of Consumer Affairs, Complaint Assistance Unit, at:

1625 North Market Blvd., Suite N 112
Sacramento, California 95834
Phone: (800) 952-5210 or (916) 445-1254

30. MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and us. Failure to enforce any provision is not a waiver.

We may assign our rights at any time. We are not liable for delays beyond our control.

If any provision is unenforceable, the remaining provisions remain valid.

No partnership, joint venture, employment, or agency relationship is created.

You waive defenses based on electronic form or lack of signature.

31. CONTACT US

To resolve complaints or obtain further information, contact us at:

Zale Design Group LLC
Email: waidesignstore@gmail.com