Wah! SMARTDEALS - Customer Terms of Service

Effective date: October 7, 2026

These Terms of Service ("Terms") govern your access to and use of the Wah! SMARTDEALS platform and related websites, mobile applications, and services (collectively, the "Platform") provided by WahSmartDeals LLC ("Wah!", "we", "us", "our"). The Customer Privacy Policy, Cookie Policy, and Disclaimer are incorporated by reference. The Account Deletion Policy and Family and Age Suitability Policy, Text Messaging Terms, Community and Review Guidelines, Points and Rewards, Refunds and Cancellations, and the Copyright Notice are also incorporated by reference to the extent applicable to your use of the Platform.

You accept these Terms by affirmatively indicating your agreement - for example, by checking an "I agree" box or tapping to accept - when you create an account or complete onboarding, and by continuing to use the Platform (subject to Section 25 for material changes). PLEASE READ SECTION 20 (ARBITRATION AGREEMENT AND CLASS ACTION WAIVER) CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, WAIVES CLASS ACTIONS, AND LIMITS HOW YOU MAY SEEK RELIEF, UNLESS YOU OPT OUT AS DESCRIBED THERE.

1. Platform role and no agency

Wah! provides a technology marketplace connecting customers and independent vendors. Wah! is not the seller, service provider, employer, agent, insurer, or guarantor of any vendor. Vendors are solely responsible for service quality, legality, pricing, taxes, licensing, insurance, and fulfilment.

Any "verified," "trusted," "preferred," or similar designation applied to a vendor reflects only a limited, point-in-time administrative review of vendor-submitted information (such as identity or registration documents). It is not a background check, inspection, audit, certification, or endorsement, and it is not a representation, guarantee, or warranty of any vendor's safety, quality, food handling, licensing currency, insurance, or compliance with law. You may not rely on any such designation as assurance of any outcome. Verification status may be inaccurate, change, or be removed at any time.

Deal availability is community-scoped and subject to administrative approval, inventory or coupon capacity limits, and vendor wallet or platform status. Wah! does not guarantee that any deal will remain available, unchanged, or redeemable for any particular duration.

2. Eligibility, registration, and account security

(a) Eligibility and age. You must be at least eighteen (18) years old, or the age of majority in your jurisdiction if higher, to register and use the Platform as a customer. The Platform does not currently check your age automatically; the 18 or older requirement is a condition of these Terms, and by registering you confirm that you meet it. The Platform is not directed to minors, and we do not knowingly permit anyone under 18 to create an account. We do not knowingly collect personal information from children under 13, consistent with applicable law (including the U.S. Children's Online Privacy Protection Act). A parent or legal guardian who is at least 18 may allow members of their household to benefit from the Platform through the guardian's account, in which case the guardian accepts these Terms and is responsible for all activity under that account. See our Family and Age Suitability Policy.

(b) Accurate information. You represent that all registration and profile information you provide is accurate, current, and complete, and you agree to update it as necessary. Giving true details is your responsibility. If you claim a Sponsor deal, your details are shared with the business as described in Sections 4(h) and 13, so you must not use false details or another person's details.

(c) One phone, one role. Each mobile telephone number may be associated with only one Wah! account and only one account role - customer or vendor. You may not register or maintain both a customer account and a vendor account using the same phone number.

(d) Account security. You are responsible for maintaining control of the device and phone number associated with your account and for all activity conducted through your account, except to the extent caused solely by Wah!'s gross negligence or willful misconduct. You must notify Wah! promptly of any suspected unauthorized access. You may not share your account credentials or allow unauthorized third-party access, except for supervised household use by minors as described in the Family and Age Suitability Policy.

(e) Authentication. Access to the Platform is secured through one-time passcodes sent by SMS and session tokens. You may instead sign in with Google or Apple. If you do, you must still verify a phone number, Google or Apple supplies your name, email address and profile picture (Apple may supply a private relay email address), and your use of that sign-in is also subject to Google's or Apple's own terms. A human check (Cloudflare Turnstile, or a built-in alternative) runs at sign-up and when you claim a Sponsor deal. Optional biometric login on supported devices unlocks a locally stored session credential on your device and does not constitute a separate authentication factor maintained by Wah! on its servers.

(f) Record of acceptance. When you accept these Terms and the Privacy Policy, Wah! records the time, your IP address and your device or browser string.

3. Communities, eligibility, and deal visibility

(a) Community membership. Access to many deals depends on membership in one or more communities created and administered by Wah!. Choosing a neighbourhood community at registration is optional. You may additionally join non-neighbourhood communities by entering a valid invite code when permitted by the Platform, and you may belong to multiple communities at the same time.

(b) Visibility. You will generally see deals targeted to communities of which you are a member. Wah! may apply additional eligibility, capacity, anti-abuse, or policy gates.

(c) Leaving and removal. You cannot remove yourself from a community through the Platform. Only Wah! administrators may remove you from a community, including at the request of a community contact. If you are removed, you cannot rejoin by yourself, although Wah! staff may add you back. Changing your neighbourhood is always a request to Wah! staff: you may have one open request at a time, there is a 30-day wait between requests, and you can only move to a neighbourhood inside your own ZIP code.

(d) Changes. Wah! may modify community structure, membership rules, invite codes, visibility, or targeting at any time to protect users, vendors, or platform integrity, subject to applicable law.

4. Deals, coupons, and redemption

(a) General. Deal types, coupon states, expiry rules, scheduling, cancellation, no-show handling, and redemption procedures are governed by these Terms, in-app disclosures, and the rules displayed at the time you claim or redeem an offer. Coupons are identified by a scannable code and may include an alphanumeric backup code for manual entry.

(b) Transferability. Unless expressly stated for a particular deal type, coupons are personal to the account holder that generated them and may not be sold, transferred, or assigned. Where a deal so provides, you may obtain a limited number of coupons per deal as disclosed in-app. You cannot hold a live coupon on two live deals of the same business unless that business allows multiple locations.

(c) Cancellation by customer. Retail coupons cannot be cancelled in the app. You can cancel a Sponsor or Treat coupon in the app, up to two (2) cancellations per deal. A coupon you cancel once can be taken again; after the second cancellation you cannot take that deal again. Cancelling never earns a strike. A cancelled Sponsor coupon does not reopen the deal's spot to other members.

(d) Expiry and modification. Each coupon is valid only for the redemption window disclosed when you claim it, which may be shorter than the overall deal period. For a walk-in Sponsor deal the coupon length is set per deal (3, 7, 14 or 30 days). A by-appointment Sponsor coupon lasts 30 days from the claim, and the business may extend it once, to at most 60 days from the claim. A Treat coupon lasts until the event ends. Apart from that single extension, expiry is automatic and final: an expired coupon cannot be extended or reinstated. An expired Sponsor coupon never reopens the spot to other members, while an expired Treat coupon can be taken again. For retail deals, the underlying coupon capacity may be re-offered to other members. Redeemed coupons cannot be reused. Wah! is not responsible for a vendor's refusal or inability to honor a coupon, nor for deals that are modified, paused, withdrawn, sold out, or expired before redemption.

(e) Platform correction. Wah! may cancel, correct, or revoke erroneous, mispriced, fraudulent, or policy-violating offers or coupons without liability, except as required by law.

(f) Cascade events. If a deal or vendor is deactivated, or your account is removed or deleted, unredeemed coupons may be cancelled in accordance with published policies. Suspending your account does not by itself delete your points or coupons. Wah! is not liable for resulting inconvenience except as required by law.

(g) Waitlists and reminders. When a Sponsor deal is full or has no paid leads left, you may join an ordered waitlist. When the business buys more leads, waiting members are told in the order they joined, and the business has 48 hours to buy leads for its waitlist before the offer closes. For a deal that is not yet live you may ask to be reminded when it goes live, and you may request that a new community be created. Joining a waitlist, asking for a reminder or submitting such a request creates no reservation, priority, entitlement, or guarantee that any coupon, deal, or community will become available to you, and Wah! does not guarantee the timing, delivery, or receipt of any waitlist or availability notification.

(h) Claiming a Sponsor deal and your consent. Sponsor deals are free to you. To claim one you verify your phone number, answer a short survey, choose a visit date and time inside the business's open hours (walk-in deals only), complete the human check, and then agree and claim. Before the coupon is issued you agree to this statement (version 2026-10e), shown with the business's name: "I agree to the Wah! Terms of Service and Privacy Policy. I authorize Wah! to share my contact details and survey answers with the business, and I authorize the business to contact me by phone, text or email about this offer and future promotions. My consent is not a condition of any purchase. Message frequency varies, and message and data rates may apply. I can opt out at any time by replying STOP or using the unsubscribe link. The business may feature my feedback in its social media. I may be invited to follow the business and share a Google review. This is not tied to any reward." For each claim Wah! stores the version, the text, the time, your IP address and your device string. The details the business receives are listed in Section 13. A Sponsor deal is the business's own brand promotion, and the claim screen says so. At your visit the app may invite you to follow the business on social media and to leave a Google review. Both are optional, they are not tied to any reward, and neither affects your coupon, your visit or your points.

(i) Strikes and read-only status. For walk-in Sponsor deals only, a coupon that expires unredeemed earns a strike. Strike 1 is a warning. Strike 2 removes up to 100 points. Strike 3 makes your Sponsor account read-only: you cannot claim new Sponsor coupons, but you keep your existing coupons and points and can still browse. By-appointment coupons, Treat coupons and cancellations earn no strike. Strike notices cannot be muted, and there is no self-service way to clear strikes; contact support.

(j) By-appointment Sponsor coupons. For a by-appointment deal the business, not you, sets your appointment time inside Wah!. The coupon lasts 30 days from the claim, and the business may extend it once, to at most 60 days from the claim. We send reminders before the appointment and before the coupon expires, and when a time is set or changed we email a calendar invitation to you (if your account has a real email address) and to the business. The business's copy of the invitation carries your name. A by-appointment coupon that expires unused earns no strike.

(k) Treat deals. A Treat is a free, one-time community event that Wah! pays for. You pay nothing and give nothing: the business sees only a shortened name such as "First L." and none of your contact details. A Treat coupon lasts until the event ends, and a Treat earns no Wah Rewards points. Wah! pays the business for scanned Treat coupons by invoice, outside the app, after the Treat has ended.

5. Payments and merchant responsibility

Sponsor and Treat deals are free to you. You pay nothing to Wah! or to the business to claim or use a Sponsor or Treat coupon. For a Sponsor deal the business pays Wah! a fee for each lead, and for a Treat Wah! pays the business. Retail deals are no longer created, but older retail records exist, and for those the payment was made directly between customer and vendor (including cash). Wah! is not the merchant of record for vendor sales unless explicitly stated in writing for a specific transaction.

Because vendors sell directly to you, Wah! does not hold, escrow, collect, or process customer payments for vendor sales, and Wah! is not a party to the payment transaction between you and the vendor. Any payment, pricing, receipt, tax, refund, or chargeback matter relating to a vendor sale is between you and the vendor.

Deal-type payment flows. Payment depends on the deal type and in-app disclosures. Members do not pay through the Platform: Wah! does not process customer card payments, and its payment processor (Stripe) is used only by businesses. For an older retail deal, payment was due to the vendor in cash or other direct payment at redemption. Tax, if displayed, is determined and collected by the vendor unless otherwise stated.

6. Refunds, chargebacks, and disputes

Unless required by law or expressly promised by Wah! in writing, refunds and service disputes are between customer and vendor under the deal terms. Wah! does not guarantee mediation outcomes and is not a party to payment disputes, chargebacks, or refunds between you and a vendor. Wah! may provide coupon records, redemption logs, or support communications to assist resolution but has no obligation to issue refunds or credits, except for Wah!-administered promotional balances expressly governed by these Terms or as required by law. Disputes regarding vendor goods, services, quality, or off-platform arrangements are solely between you and the vendor.

7. Food safety, assumption of risk, and vendor responsibility

Vendors are independent businesses solely responsible for the preparation, handling, storage, quality, safety, packaging, labeling, ingredients, allergen disclosure, and legal compliance of the goods and services they offer, including all food and beverage items. Wah! does not prepare, inspect, test, or control any vendor goods or services and does not verify vendors' compliance with health, safety, food-handling, licensing, or other laws.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT YOU ASSUME ALL RISKS ASSOCIATED WITH PURCHASING, RECEIVING, CONSUMING, OR USING A VENDOR'S GOODS AND SERVICES, INCLUDING RISKS OF FOOD ALLERGENS, FOODBORNE ILLNESS, CROSS-CONTAMINATION, PERSONAL INJURY, PROPERTY DAMAGE, AND UNSATISFACTORY QUALITY. Any allergy, dietary, medical, or safety concern must be raised directly with the vendor before purchase. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE WAH! AND ITS OFFICERS, AFFILIATES, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES ARISING OUT OF OR RELATING TO A VENDOR'S GOODS OR SERVICES, INCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS, OR WRONGFUL CONDUCT BY A VENDOR. Nothing in this Section limits any non-waivable rights or remedies under applicable law, including where a release of personal injury claims is prohibited.

8. Reviews, reputation, and rewards

(a) Eligibility. Reviews and rewards (currently Wah Rewards points) may be offered only after eligible redemption or other criteria stated in-app. You may submit only one review per eligible coupon unless otherwise permitted. You can write a review for 30 days after your coupon was scanned. For a Sponsor deal this does not depend on whether the deal is still live or paused.

(b) Incentivized reviews. Where rewards are offered for reviews, the review screen states the reward (for example "Give a review and earn points" and "Submit and Earn 100 Points"), and you must comply with applicable disclosure requirements. You agree not to submit false, misleading, duplicate, or manipulated reviews.

(c) External review sites. After you submit an in-app review, the Platform may invite you to also share your experience on an external review site (such as Google). Posting an external review is entirely optional and is never compensated: rewards, including Wah Rewards points, are earned solely for the eligible in-app review and do not depend on whether you post externally. Your use of any external review site is governed by that site's own terms and policies, and you are solely responsible for complying with them and with any disclosure obligations that apply to you. If you tap Continue to go to the external site, the review text is copied to your clipboard and Wah! records that you went, which the business can see.

(d) Promotional photos. You may attach one photograph to a review. Wah! stores and shows the photograph only if you tick the photo consent in-app, which allows Wah! to use the photograph for promotional purposes. Without that consent you may not attach a photograph.

(e) License. You retain ownership of your content but grant Wah! a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting), display, distribute, and otherwise use your reviews and permitted media in connection with operating, improving, and promoting the Platform. You represent and warrant that your content is truthful, lawful, non-defamatory, and does not infringe third-party rights. For a Sponsor deal you also grant the business a non-exclusive license to use your in-app feedback about that visit (your rating, your note and the display name shown as "First L.") in its social media and promotions, as set out in the statement you agree to when you claim. Wah! does not endorse user content and may rely on applicable safe harbors, including Section 230 of the Communications Decency Act.

(f) Moderation and reversal. Wah! may remove, hide, or flag content that violates policy or law, and may withhold, reverse, or cancel rewards in cases of fraud, abuse, manipulation, duplicate activity, or policy violation, subject to applicable law. A business may reply to a review and may flag it, but it cannot take a review down itself: a flagged review stays visible until Wah! staff decide to keep, remove or edit it. If Wah! deactivates a business, that business's reviews are hidden, and they are restored if the business is reactivated.

(g) Editing and public display. You cannot delete a review. A 4 or 5 star review cannot be edited. For a 1 to 3 star review you can edit the wording until the deal's expiry, and you can raise the star rating once but never lower it. Retail reviews cannot be edited. Reviews on a published deal are public: anyone, whether signed in or not, can read your review text, star rating, photographs, the display name shown as "First L.", your profile picture, and the business's reply. If you tick "share with my community" on a 5 star Sponsor review that has text, your name and quote are sent to community members. If your account is deleted, your reviews are hidden and your name, comment and photographs are cleared, as described in the Account Deletion Policy. Do not include personal, sensitive, or confidential information in a review.

(h) Wah Rewards points. "Wah Rewards" is a loyalty program, not cashback, currency, or stored value. You earn points (currently 100 points) for an eligible in-app review of a redeemed retail or Sponsor offer. A review of a Treat earns no points. Points are a promotional loyalty reward with no cash value, are not legal tender or a bank deposit, and cannot be exchanged for or withdrawn as cash. Points do not expire. Wah! may modify, suspend, or discontinue the program prospectively, and may withhold or reverse points for fraud, abuse, duplicate activity, or policy violation, subject to applicable law.

(i) Redeeming points. Points are redeemable for a third-party merchandise gift card once your balance reaches the threshold disclosed in-app (currently 500 points for a US$10 gift card). Any in-app value shown alongside a points balance is a convenience display only and does not create a debt, account balance, or cash entitlement. The threshold, the reward, and the value attributed to points are set by Wah!, are disclosed in-app, and may change prospectively. Gift cards are issued by the third-party merchant and are subject to that merchant's own terms; Wah! is not the issuer and does not guarantee the availability, continuation, or value of any particular reward, and may substitute a reward of comparable value. Wah! may require reasonable verification before issuing a reward, and may decline to issue where the underlying visits or reviews are ineligible, duplicated, or obtained in breach of these terms. Gift card requests may be closed at times. Wah! staff approve or deny each request, points are deducted only when a request is approved, and the gift card code is sent to you by email.

(j) AI Assist. The review screen offers an optional AI Assist feature that runs only when you start it. When you do, the rating, the deal name, the business name and any text you have typed are sent to Anthropic (Claude) to draft wording for you. Your name is not sent.

9. Wallet and balances

Wallet balances, credits, cashback, points, and similar values are promotional or operational units as defined in-app. They have no cash value, are not legal tender, a bank deposit, stored value, or money transmission, cannot be withdrawn, and are not redeemable for cash except where required by law. As disclosed in-app, credits may be subject to minimum balances, per-transaction limits, eligible deal-type restrictions, and the availability of checkout redemption features, which may not be enabled. Wah! may correct erroneous credits/debits, adjust balances to prevent abuse or technical error, forfeit unused balances upon account closure or deletion as described in the Account Deletion Policy, and modify, suspend, or discontinue any balance program prospectively, subject to applicable law. Promotional credits do not currently expire; Wah! may introduce or change an expiration period prospectively, subject to applicable law and in-app disclosure.

10. Communications consent (SMS/text, calls, push, and email)

By providing your phone number or email address, you consent to receive account, security, transactional, and service messages from or on behalf of Wah! by SMS/text, push notification, and email. Authentication and security messages, including one-time passcodes sent via SMS through our verification provider, are transactional and not marketing messages; you may not be able to opt out of them while you maintain an account. Push notifications rely on a device token collected as described in the Privacy Policy. We do not verify every email address, and you are responsible for the accuracy of the contact details you provide. You can turn off push and email notifications in the app, in total or by category, and set quiet hours, except for notices that cannot be muted (such as strike notices and coupon-expiring notices). Apart from login codes, the only text message Wah! sends you is a notice if staff suspend your account.

Some of Wah!'s emails and deal alerts (such as a new deal in your community, a watchlist deal, or a "remind me when it's live" notice) are on by default, and you can mute them with the Email or New deals switches in your settings. Where required by law, marketing messages sent by text or by autodialed or prerecorded call are sent only with your prior express written consent, and such consent is not a condition of using the Platform or of any purchase. This applies to Wah!'s own marketing. When you claim a free Sponsor deal, sharing your name, phone number, email, address and answers with the business, so that it may contact you about the offer and its future promotions, is part of getting that deal and is agreed to in a separate step before the coupon is issued (see Section 4(h)). To stop a business's messages, reply STOP to the business or use its unsubscribe link. You may also email admin@wahsmartdeals.com, in which case Wah! will pass your request to the business by hand. Wah! cannot itself stop a business's texts or emails, and the business is responsible for honouring your opt-out. You may stop Wah!'s own marketing messages at any time by adjusting in-app notification settings or by contacting us at contact@wahsmartdeals.com. Message and data rates may apply.

11. Communications and conduct

The Platform includes platform support messaging between you and Wah! administrators. Chat in the Platform is with Wah! support only; there is no messaging between you and a vendor. You agree not to use any communication channel or feature to: harass, abuse, or harm others; impersonate any person; submit false or incentivized reviews or otherwise commit coupon, review, or rewards fraud; create multiple or fake accounts or circumvent cancellation, eligibility, or fee rules; arrange off-platform transactions in violation of deal rules; transmit sensitive payment credentials; scrape or reverse-engineer the Platform; bypass safety controls; or use the Platform for any unlawful purpose. Wah! may moderate or remove content and communications that violate policy or law, and support and certain other communications may be retained as described in the Privacy Policy.

12. Guest access and public browsing

Portions of the Platform, including certain deal listings, may be viewable without an account. Deal share links generate publicly accessible pages: deal content and vendor information may appear on those pages (reviews are not shown on them) and be viewed by anyone with the link. Claiming coupons, accessing wallet or community features, submitting reviews, or using support messaging requires registration and acceptance of these Terms.

13. Vendor access to customer information

To fulfil a deal, vendors may receive customer information, and what they receive depends on the deal type. Sponsor: when you agree and claim, the business receives your full name, phone number, email address, street address (apartment, city, state and ZIP), community, your survey answers and your visit time, and it can download them as a file. Wah! staff may also email lead details to the business. Wah!'s own survey questions (such as interests and job interest) stay with Wah! and are not shown to the business. Treat: the business sees only a shortened name such as "First L." and none of your contact details. Retail (older deals): to validate and record a redemption the vendor sees the name associated with the coupon, plus aggregate redemption and revenue data, and does not receive your contact details. Business reports and exports other than the lead list do not include member personal details, as described in the Privacy Policy. Vendors are independent recipients of the information they receive and are responsible for their own use of it, subject to their agreements with Wah! and applicable law. A business is expected to use your details only to deliver and follow up on the offer and for lawful marketing consistent with your consent, to honour opt-outs, and to keep your details secure. If you delete your account, the business sees anonymised values in Wah!, but any copy it already downloaded or was sent stays with it.

14. Third-party services

The Platform integrates third-party services (including hosting, authentication, payment, messaging, mapping, email, push notification, automated-verification, AI drafting (Anthropic, only when you use AI Assist), and app-store services). Wah! is not responsible for third-party downtime, errors, policy changes, or data practices governed by third-party terms. The third-party providers we use are described in the Privacy Policy, and your use of those services is subject to their respective terms and privacy policies.

15. Suspension, restriction, and termination

Wah! may suspend, restrict, pause, or terminate your account or access at any time for fraud risk, policy breach, abuse of coupons or rewards, harmful conduct, legal compliance, security incidents, payment abuse, or operational reasons, with or without prior notice where permitted by law. Upon suspension or removal, you may lose access to coupons, communities, wallet balances, and other features as described in-app and in the Account Deletion Policy. Suspension on its own does not delete your points or coupons. We may preserve, retain, and anonymize evidence and records as required by law and as described in the Privacy Policy.

16. Account deletion

You may request deletion of your account through the in-app process described in the Account Deletion Policy. Deletion involves review by Wah! staff, your confirmation, a 30-day grace period during which you must tap "Keep my account" in the app to cancel (signing in alone does not cancel it), cancellation of open coupons, forfeiture of points and promotional balances, and the anonymization of personal information. Some records are kept as described in that policy and in the Privacy Policy, and you may ask about them by emailing admin@wahsmartdeals.com.

17. Intellectual property

Wah! and related names, logos, software, workflows, and content are protected intellectual property. You receive a limited, revocable, non-exclusive license to use the Platform for personal lawful use only.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." WAH! DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED AVAILABILITY. WAH! DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, LEGALITY, OR ABILITY OF ANY VENDOR OR THE GOODS OR SERVICES THEY PROVIDE, AND THE ENTIRE RISK ARISING OUT OF YOUR DEALINGS WITH ANY VENDOR REMAINS SOLELY WITH YOU.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAH! SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR PERSONAL INJURY, EMOTIONAL DISTRESS, OR LOSS OF DATA, PROFITS, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE PLATFORM, THESE TERMS, OR ANY VENDOR'S GOODS OR SERVICES. WAH!'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) AMOUNTS (IF ANY) PAID BY YOU TO WAH! IN THE THREE (3) MONTHS PRECEDING THE EVENT; OR (B) US$100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. Nothing in this Section limits any non-waivable rights or remedies under applicable law.

20. Arbitration agreement and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND WAH! TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF.

(a) Informal resolution first. Before starting arbitration, you and Wah! agree to try to resolve the dispute informally. You must send a written Notice of Dispute to admin@wahsmartdeals.com describing the claim and the relief sought. You and Wah! will attempt in good faith to resolve the dispute for sixty (60) days after the notice. This step is a precondition to starting arbitration.

(b) Agreement to arbitrate. If the dispute is not resolved, you and Wah! agree that any dispute, claim, or controversy arising out of or relating to the Platform or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section. As exceptions, either party may bring an individual claim in small claims court, and either party may seek injunctive or other relief in court for actual or threatened infringement or misuse of intellectual property.

(c) Hearing and fees. Unless you and Wah! agree otherwise, any arbitration hearing will be conducted by videoconference or telephone, or, if an in-person hearing is required, in the county of your residence or in Texas. Arbitration fees are governed by the AAA Consumer Arbitration Rules and applicable law.

(d) Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether a claim is arbitrable, except that a court decides the enforceability of the class action waiver in paragraph (e).

(e) Class action waiver. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. NO CLASS, COLLECTIVE, MASS, CONSOLIDATED, OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE PERMITTED, AND THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF CONSOLIDATED OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and proceed in court, while all remaining claims continue in arbitration.

(f) Mass-filing / batch arbitration. If twenty-five (25) or more similar demands for arbitration are filed by or with the coordination of the same or coordinated counsel, the demands will be administered in staged batches of up to fifty (50) at a time, with a small number of bellwether cases resolved first and arbitration fees assessed on a per-batch rather than per-case basis. The parties will cooperate with the administrator and any process-arbitrator or special master appointed to oversee batching. This provision is intended to ensure the efficient and fair resolution of mass filings.

(g) Opt-out. You may opt out of this arbitration agreement within thirty (30) days after you first accept these Terms by sending written notice to admin@wahsmartdeals.com, and if you wish by certified mail to the address in Section 26, including your full name, the phone number or email associated with your account, and a clear statement that you intend to opt out of arbitration. Opting out will not affect any other part of these Terms. If you do not opt out within 30 days, you agree to be bound by this Section.

(h) Survival. This Section survives termination of your account and of these Terms.

21. Governing law and venue

WahSmartDeals LLC is a limited liability company organized under the laws of the State of Texas. These Terms are governed by Texas law, without regard to conflict-of-law rules, except where mandatory consumer laws require application of your local law. For any dispute not subject to arbitration, venue is exclusively in state or federal courts in Texas, and you consent to personal jurisdiction there. Notwithstanding the foregoing, if you are a consumer residing in a jurisdiction that mandates local consumer-protection or non-waivable remedies, those mandatory provisions apply to the extent required.

22. Indemnity

You agree to defend, indemnify, and hold harmless Wah! and its officers, affiliates, and service providers from claims, losses, and expenses arising from your misuse of the Platform, breach of these Terms, violations of law, content you submit, or disputes with vendors or other users.

23. Force majeure

Wah! is not liable for delay or failure to perform caused by events beyond its reasonable control, including outages, telecom/internet failures, payment processor interruptions, acts of government, natural disasters, labor disruptions, cyberattacks, or force majeure events.

24. Electronic records and signatures

You consent to receive agreements, policies, disclosures, and notices electronically, and you agree that your electronic acceptance constitutes your signature and is enforceable to the extent permitted by applicable law, including the U.S. ESIGN Act and the Uniform Electronic Transactions Act.

25. Changes, assignment, and severability

We may revise these Terms by posting an updated version with a new effective date. For non-material changes, continued use of the Platform after the effective date constitutes acceptance to the extent permitted by law. For material changes - including changes to Section 20 (Arbitration Agreement and Class Action Waiver) - we will provide reasonable advance notice (such as by in-app prompt, email, or notification) and, where appropriate, request your renewed affirmative acceptance before those changes apply to you. If you do not agree to a material change after notice, your remedy is to stop using the Platform and request account deletion in accordance with the Account Deletion Policy. Wah! may assign these Terms in connection with a merger, acquisition, restructuring, or asset sale. If any provision is unenforceable, the remaining provisions remain in full force.

26. Contact and legal notices

WahSmartDeals LLC
13235 Affirmed Avenue
Frisco, TX 75035
United States
Legal, arbitration, and opt-out notices: admin@wahsmartdeals.com
General support: contact@wahsmartdeals.com