Terms and Conditions

IMPORTANT - READ CAREFULLY:

This agreement ("Terms") is a legally binding agreement between you and All American Atlas LLC, covering your use of our website located at wickednailapp.com ("Website") and the Wicked App ("App"), together "Services". We will refer to ourselves in this Agreement as "we", "our", "us" or "Wicked".

You must read these Terms carefully before accessing or using the Services.

Your use of the Services is conditional on your acceptance of these Terms. By using or continuing to use the Services, you agree to be bound by these Terms. If you do not agree to all these Terms, then do not use the Services.

Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

1. Accounts

1.1 Account Creation

In order to use certain features of the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are 18 years of age or older. You may delete your Account at any time, for any reason, by following the instructions on the Services. We may suspend or terminate your Account in accordance with Section 8.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the Services

2.1 Permission to Use

Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited right to access and use the Services solely for your own personal, non-commercial use.

2.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein or as permitted by functionality in the Services, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.

2.3 Modification

We reserve the right, at any time, to modify the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification of the Services or any part thereof.

2.4 No Support or Maintenance

You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Services.

2.5 Ownership

Excluding any User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by us or our suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. We reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2.6 Feedback

If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

3. User Content

3.1 User Content

"User Content" means any and all information and content that a user submits to, or uses with, the Services (e.g., photos of hands, nail designs, saved nail inspiration, user profile content). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or any law. We are not obligated to backup any User Content, and your User Content may be deleted by us at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2 License

You hereby grant (and you represent and warrant that you have the right to grant) to us and our affiliates an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, for the purposes of including your User Content in the Services, improving or modifying the Services (including AI features), and marketing or promoting the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy

The following terms constitute our "Acceptable Use Policy":

You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services; (v) attempt to gain unauthorized access to the Services; (vi) harass or interfere with any other user's use and enjoyment of the Services; or (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to the Services.

3.4 Enforcement

We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

4. Indemnification

You agree to indemnify and hold us (and our affiliates, officers, employees, and agents) harmless, including costs and reasonable legal and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. Third-Party Links & Ads; Other Users

5.1 Third-Party Links & Ads

The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.

5.2 Other Users

Each user of the Service is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, safety or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that we are not responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.

5.3 Nail Design Content

Nail designs, inspiration images, and AI try-on results on the Services are provided for general inspiration and visualization purposes only. Without limiting anything else herein, we do not review, screen or check content before it is posted, so there may be some inappropriate or inaccurate content. We make no statements, whether express or implied, about the accuracy, quality, or fitness for purpose of any nail designs, AI-generated try-on results, or user-submitted content. Any reliance on such content is at your own risk.

6. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such cases, our liability is limited to the extent permitted by applicable law.

7. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR USE OR FAILED USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY ($50) US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Term and Termination

8.1 Breach

Either party may terminate these Terms with immediate effect by giving written notice to the other party if the other party breaches these Terms.

8.2 Cancellation

You may terminate these Terms or cancel your subscription at any time and without cause by using the online account management features where you subscribed. You will not be entitled to a refund of prepaid fees.

8.3 After Termination

Upon termination of these Terms or at the end of your subscription, your right to access the Services ceases. For example, without limitation, your Account will be closed and any benefits for a subscription to the Services will cease. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6, Section 3 and Sections 4 through 10.

9. Amendments

9.1 Amendment by Us

We may amend this Agreement at any time in our sole discretion. We will notify you of any such amendments by e-mail or online posting or when you next use the Service. We will notify you or publish such amendments on our website at least 10 days before the change is in force.

9.2 Non-agreement

If you do not agree to such amendments, then you must stop using the Services; if you continue using the Service after the date on which any such amendments come into force, you will be deemed to have agreed to such amendments.

9.3 Refund

If the amendment is unfavourable to you, then you may terminate this Agreement before the amendment comes into effect and you will receive a pro rata refund of any prepaid fees for the period after such amendments come into effect.

10. General

10.1 Dispute Resolution

All issues and questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be referred to and finally determined by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The place of arbitration shall be New York, New York. The language to be used in the arbitral proceedings shall be English. The prevailing party in any dispute resolution process is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.

10.2 Waiver of Jury Trial

YOU AND WICKED HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY ISSUE TRIABLE BY A JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT NOW OR HEREAFTER EXISTS WITH REGARD TO THESE TERMS, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION WITH THESE TERMS. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY YOU AND WICKED AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY MAY OTHERWISE ACCRUE.

10.3 Waiver of Class or Other Non-Individualized Relief

YOU AND WICKED AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

10.4 Electronic Communications

The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we post notices on the Services or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.

10.5 Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms.

10.6 Copyright/Trademark Information

All trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. WICKED is our trademark.

10.7 Privacy Policy

Any personal information collected by us through the Services, or otherwise collected by or on behalf of us, will be dealt with in accordance with our Privacy Policy. Our privacy policy can be found at wickednailapp.com/privacy. You agree to our Privacy Policy, which is incorporated herein. When you agree to the terms of our Privacy Policy, you consent to the collection, use, storage and disclosure of your personal information as described in our Privacy Policy.

10.8 Contact Information

To contact us, please email us at: support@wickednailapp.com