Terms of Service

Updated October 04, 2023.

Wyrr Inc. (“Wyrr,” “we”, or “us”) welcomes you.


This page explains the terms by which you may use the services we provide to you on our website at https://www.wyrr.app (“the Site”) and on our mobile application (“the App”) (the Site, the App, the banking, the financial services, and the non-financial services are collectively referred to as “Services”). By accessing or using our Services, you signify that you have read, understood, and agree to be bound by Wyrr’s Terms of Service. You agree that we may collect, store, use, and disclose your personal and company information as described in Wyrr’s Privacy Policy. In addition, by submitting your application to obtain an account with us (“Account”), you signify that you have read, understood, and agree to be bound by Wyrr’s Terms of Service. Also, you agree to receive all notices and communications from us electronically. Wyrr reserves the right to make unilateral modifications to these terms and will provide information by posting an updated version to our Legal page at https://www.wyrr.app. “You” or “Company” refers to the individual or entity applying for or having opened an Account to use the Services. For the Company, you represent and warrant that you are an authorized representative of the Company with authority to enter into this Agreement on behalf of the Company (“Administrator”) and that you agree to this Agreement on behalf of the Company.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND ALL THE PROVISIONS. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Use of Services

Eligibility

To use Wyrr’s Services, you must meet the following criteria. By agreeing to this Agreement, you represent and warrant to us that:

(i) You are a legal resident of Canada;
(ii) For a company account, your company is a legal entity formed and registered in Canada;
(iii) You are at least eighteen (18) years old and can enter into a binding contract under applicable law to access or use the Services.
(iv) You have not previously been suspended, removed, or deactivated from the Services;
(v) Your registration and your use of the Services comply with any and all applicable local, state, national, and international laws and regulations;
(vi) For a personal account, any use of or access to the Services by another person is prohibited and in violation of this Agreement.
(vii) For a company account, any use of or access to the Services by any individual who is not your employee, contractor, agent, or other individual permitted to use your Account on your behalf ("User") is prohibited and in violation of this Agreement.

Scope of the Services

Wyrr Account gives you access to Wyrr’s Services. We may establish and maintain other functionalities from time to time and at our sole discretion.

Applying for an Account

  • Account Creation: To use the Services for personal purposes (“Personal Account”), you must create an account (“Account”) with Wyrr by providing personal information; to use the Services for business purposes (“Business Account”), you must create an account (“Account”) with Wyrr by providing personal and company information. You agree that the information you provide to Wyrr during registration and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date consistently. You are required to create a password for your Account. You agree not to disclose your password to anyone else, and you also agree you will be solely responsible for any activities or actions on your Account, whether it was authorized by you or not.  Please contact our help@wyrr.app immediately of any unauthorized use of your password or Account.  Wyrr is not liable for any loss or damage from your failure to comply with these requirements.

  • Identity Verification: You hereby authorize Wyrr to make any necessary inquiries to validate and authenticate your identity and Account information. We provide your information to third-party services for this Identity Verification. This may include requesting more information, documentation, and action by you to confirm ownership of identity documents, mobile phone numbers, email, and other instruments.

Account Management & Security

If Company, you are required to appoint one or more Administrators to manage your Account. An Administrator can add, remove, and manage other Users and Administrators;  create and manage additional Banking Accounts (“Sub-accounts”); request and manage Cards for Users; view transactions and download reports; connect other accounts and third-party services; update information and manage Account Settings. You:

  1. are responsible for the actions or failure to act by the Administrators, Users, and anyone who assesses your Account with their credentials;
  2. are responsible for any activity on your Account. You must choose a “strong” password (see recommendations National Institute of Standards and Technology (NIST)) and keep your Account password secure. 
  3. must contact Wyrr immediately at help@wyrr.app of any breach of security and unauthorized use of your Account. Wyrr will not be responsible for any losses caused by the unauthorized use of your Account. We may suspend all access to your Account if your Account is breached.

Prohibitions

By Using Wyrr’s Services, you agree that you will not:

  1. Breach this Agreement or any other agreement between you and Wyrr, or violate Wyrr’s policy;
  2. use the Account or the Services for any purpose that is illegal or violates any statute, ordinance, or regulation, or prohibited by this Agreement; 
  3. give false, misleading, and inaccurate information;
  4. attempt to gain unauthorized access to any user’s Account;
  5. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. use the Account or the Services for the benefit of an individual, organization, or country identified on Canada’s  Office of Superintendent of Financial Institutions Designated Persons Listing.
  7. for company, use the Account or Services for any third parties unaffiliated with Company;
  8. modify or attempt to modify or in any way tamper with, circumvent, disable, damage, or otherwise interfere with the Services;
  9. modify, interfere, tamper with, disable, damage, circumvent, or attempt to interrupt the operation of the Services through a virus, adware, spyware, worms, malicious codes, software, routine, or device; or access or attempt to access any Wyrr IP, data, files, or passwords related to the Services through hacking, password or data mining, or other means;
  10. do anything that imposes or may impose (in our sole discretion) a significant load on our technical infrastructure;
  11. disassemble, decompile, reverse engineer, or attempt to discover the source code of the Services or any part thereof (including any Application); 
  12. circumvent, compromise or defeat any security measures implemented in the Services;
  13. access or use the Services in a way that may infringe upon any third party's intellectual property or other rights, including, without limitation, trademark, copyright, privacy, or publicity rights; 
  14. copy, distribute, transfer, sell or license all or part of the Services;
  15. use the Services to access, copy, transfer, retransmit or transcode information, Wyrr’s logos, marks, names or designs, or any other content in violation of any law or third party rights;

Wyrr’s Services

International Remittance & Foreign Exchange

Wyrr is in the business of remitting money from one person or entity to another from one country to another. The transaction may involve one type of currency to another. For example, collecting CAD from a customer in Canada and delivering NGN to a recipient in Nigeria as instructed by the customer.

Collections

To facilitate the business of remitting money and foreign exchange, we collect payments from our customers through Interac, facilitated by a payment service provider. Customers receive will complete an Interac transfer from their bank account to Wyrr at wyrr@wyrr.app or through a link with a reference number.

Payouts

Once we have confirmed receipt of the amount from the customer, we will deliver the equivalent amount to the customer's appointed recipient. The delivery amount is calculated based on the exchange rate advised on our website or mobile application, net of any fees.

Fees, Exchange Rate & Discounts

Fees

Wyrr will charge variable fees calculated at rates between 2% and 10% of the notional amount.

Exchange Rate

Delivery amounts will be calculated at exchange rates that will be updated on our website and mobile application. Exchange rates will be updated daily and customers will be available to customers every time.

Discounts

At our sole discretion, we may apply discounts to fees and exchange rates.

Proprietary Rights

Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. Wyrr reserves all rights not expressly granted herein in the Services and the Wyrr IP (as defined below). Wyrr may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content available on the Site (the “Wyrr IP”), and all Intellectual Property Rights related thereto, are the exclusive property of Wyrr and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, perform, publish, adapt, edit or create derivative works from any Wyrr IP. Use of the Wyrr IP for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Feedback

We may invite you, or you may choose to submit comments or ideas about the Services, including how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and will not place Wyrr under any fiduciary or other obligation, and that we are free to use your Feedback without any additional compensation to you, or to disclose your Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Wyrr does not waive any rights to use similar or related ideas previously known to Wyrr, developed by its employees, or obtained from sources other than you.

Copyright Complaint

If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Email: legal@wyrr.app
The notification must be a written communication that includes the following, in line with the Digital Millennium Copyright Act:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.

Site Data & Privacy

You understand and agree that by using the Services, you consent to the collection, use, and disclosure of Personal Information or Company Information and aggregate data we collect from your use of the Services (“Site Data”) as outlined in our Privacy Policy, and to have Personal Information or Company Information, and Site Data collected, used, transferred to and processed in the United States, United Kingdom, and Canada. You grant us a worldwide, irrevocable license to use, modify, distribute, copy, and create derivative works from Site Data for the purposes identified in this Agreement. Wyrr uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information or Company Information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use Personal Information and Company Information for improper purposes. You acknowledge that you provide Personal Information or Company Information at your own risk. Your use of the Account and other financial services is subject to the privacy policies of our Banking Services Provider.

Third-Party Links & Information

The Services may contain links to third-party materials not owned or controlled by Wyrr. Wyrr does not endorse or assume any responsibility for any such third-party services, information, materials, products, or Services. If you access a third-party website, application, or service from the Services, you do so at your own risk, and you understand that this Agreement and Wyrr’s Privacy Policy do not apply to your use of such third party services. You expressly relieve Wyrr from any and all liability arising from your use of any third-party websites, applications, services, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties), are solely between you and such advertisers. You agree that Wyrr shall not be responsible for any loss or damage relating to your dealings with such advertisers.

Indemnification

You agree to defend, indemnify and hold harmless Wyrr and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, our Payment Services Provider, and other third-party service providers, from and against any and all third-party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of, related to, or resulting from: (a) your use of and access to the Services, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) your intentional misconduct; or (f) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

No Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYRR OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WYRR ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE INFORMATION PROVIDED TO YOU THROUGH THE SERVICES IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

WYRR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WYRR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WYRR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL WYRR BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WYRR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WYRR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WYRR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Limitation of Liability of Unauthorized Transfers

(a) Conditions for liability: you may be held liable, within the limitations described in paragraph (b) of this section, for an unauthorized electronic fund transfer involving your  account (please read more on 10- INITIAL DISCLOSURES).
(b) Limitations on amount of liability: your liability for an unauthorized electronic fund transfer or a series of related unauthorized transfers shall be determined as follows: Timely notice is given: If you notify us within two business days after learning of the loss or theft of the access device, your liability shall not exceed the lesser of $50 or the dollar amount of unauthorized transfers that occurred before notice to us. Timely notice not given: If the consumer fails to notify the financial institution within two business days after learning of the loss or theft of the access device, the consumer's liability shall not exceed the lesser of $500 or the sum of: $50 or the dollar amount of unauthorized transfers that occur within the two business days, whichever is less; and The dollar amount of unauthorized transfers that occur after the close of two business days and before noticing us, provided that we establish that these transfers would not have occurred if you notified us within the two-day period. Periodic statement, timely notice not given: you must report an unauthorized electronic fund transfer that appears on a periodic statement within 60 days of receiving the statement to avoid liability for subsequent transfers. If you fail to do so, your liability shall not exceed the amount of the unauthorized transfers that occur after the close of the 60 days and before notice to the institution, and we establish that would not have occurred had you notified us within the 60-day period. When an access device is involved in the unauthorized transfer, you may be liable for other amounts as applicable. Extension of time limits: If your delay in notifying the financial institution was due to extenuating circumstances, we should extend the times specified above to a reasonable period.  Notice to Wyrr: Notice to us is given when you take steps reasonably necessary to provide the institution with the pertinent information, whether or not a particular employee or agent of the institution receives the information. You may notify us by telephone, or by email. Written notice is given when you mail the notice or deliver it for transmission to the institution by any other usual means. Notice may be considered constructively given when the institution becomes aware of circumstances leading to the reasonable belief that an unauthorized transfer to or from the consumer's account has been or may be made. Liability under state law or agreement: If state law or an agreement between you and Wyrr imposes less liability than this section, your liability shall not exceed the amount imposed under the state law or agreement.

Initial Disclosures

(a) Timing of disclosures: Wyrr shall make the disclosures required by this section when you contract for an electronic fund transfer service or before the first electronic fund transfer involving your account. (b) Content of disclosures: we hereby provide the following disclosures, as applicable: Liability of consumer: A summary of your liability, under 10- LIMITATION OF LIABILITY OF UNAUTHORIZED TRANSFERS or under state or other applicable law or agreement, for unauthorized electronic fund transfers. Support contact: Send an email to help@wyrr.app when you believe an unauthorized electronic fund transfer has been or may be made. Business days: We are available from 9 am to 5 pm ET from Monday to Friday, except on public holidays. Types of transfers; limitations: you may make the following transfers- ACH, domestic wire transfer, international wire transfer, and global transfer. Fees: See the fee schedule at https://www.wyrr.app/legal/fees  Documentation: Wyrr shall make a receipt available to you when you initiate an electronic fund transfer on the platform.

TERM & TERMINATION

This Agreement is effective when you submit your application to us and continues until terminated by either you or us, third-party payment processor agreements or as otherwise set forth in this Agreement. You may terminate this Agreement by paying all amounts you owe, if any, and providing notice to us; except that you will still be responsible for any charges, fees, fines, and other losses caused by your action or inaction prior to terminating this Agreement. We may terminate this Agreement, or suspend your Account for any reason, by providing you notice, or we may terminate this Agreement immediately in the event you breach or violate any of the terms of this Agreement, as determined in the sole discretion of Wyrr.

Governing Law, Arbitration, and Class Action/Jury Trial Waiver

Governing Law

You agree that: (i) the Services shall be deemed solely based in Canada; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Canada. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. You agree to submit to the personal jurisdiction of the federal and state courts located in Canada for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that the federal or local courts located in Canada are the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration provision below is found to be unenforceable.

Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WYRR. For any claim, dispute, or controversy with Wyrr (a "Claim"), you agree to first contact us at legal@wyrr.app and attempt to resolve the dispute with us informally. In the unlikely event that Wyrr has not been able to resolve a dispute it has with you after sixty (60) days, such dispute will be finally and exclusively resolved by binding arbitration. Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal. The arbitration shall be commenced and conducted by JAMS according to its current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the Canadian county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Claim immediately after the commencement of the arbitration. Nothing in this Section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights. Proceedings and information related to them will be maintained as confidential, including the nature and details of the Claim, evidence produced, testimony given, and the outcome of the Claim, unless such information was already in the public domain or was independently obtained. You and Wyrr, and all witnesses, advisors, and arbitrators will only share such information as necessary to prepare for or conduct arbitration or other legal proceedings, or enforcement of the outcome unless additional disclosure is required by law.

Class Action Waiver

For all persons and entities, regardless of whether they have obtained an account or used the services for personal, commercial, or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Wyrr are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

Communication

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receive communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number, about any product or services offered by Wyrr. This consent applies to each telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from Wyrr and that you may decline to provide or revoke your consent at any time by emailing legal@wyrr.app or by any other method that reasonably ensures we receive your revocation. By providing us with a telephone number, you agree that Wyrr may record any telephone conversation with you (or any another individual) during any telephone call to or from that number for training purposes, whether or not the call was initiated by you, and whether or Wyrr disclosed the fact that the call was recorded during the call.

General

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Wyrr without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

You consent to us providing notices to you under this Agreement electronically and understand that this consent has the same legal effect as a physical signature. We will provide notices to you electronically through your Account and via text or SMS to the phone numbers provided to us by you. If you sign up to receive certain Wyrr notifications or information via text or SMS, you may incur additional charges from your wireless provider for these notices. You agree that you are solely responsible for any such charges. Notices affecting the terms of this Agreement will be sent to you and are considered received 24 hours after they are sent. You understand that you may not use the Services unless you consent to receive notices from us electronically. You may only withdraw consent to receive notices electronically by closing your Account. Notices may include alerts about the Services, your Account, and your Account and may provide you the ability to respond with information about Account transactions or your Account. You may disable notification preferences to limit the use of certain Service features or to decrease financial risks to yourself. You must maintain a regularly updated web browser, and computer and mobile device operating systems to receive notices correctly. You will be responsible for all costs imposed by internet or mobile service providers for sending or receiving notices electronically. Contact us immediately at help@wyrr.app  if you have trouble receiving notices from us.

Entire Agreement/Severability

This Agreement, with any amendments and any additional agreements you may enter into with Wyrr in connection with the Services, shall constitute the entire agreement between you and Wyrr concerning your Account and the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Wyrr’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Legal Orders

We may respond to and comply with any subpoenas, warrants, liens, or any other legal order we receive related to your use of the Services. We are not responsible for any losses you incur due to our response to such legal order. We may hold funds or provide information as required by the issuer of the legal order or take any other actions we believe are required of us under legal orders. Where permitted, we will provide you reasonable notice that we have received such an order.

Relationship

No joint venture, partnership, employment, or agency relationship exists between you and Wyrr as a result of this Agreement or your use of the Site or Services.

Survival

Any and all provisions of this Agreement reasonably giving rise to continued obligations of the parties will survive termination of this Agreement.