1. Acceptance of Terms
By accessing or using WheelFetti (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms in their entirety, you must not access or use the Service. Continued use of the Service following any modification to the Terms constitutes your acceptance of those modifications.
2. Description of Service
WheelFetti is a real-time collaborative wheel-spinning application that allows users to create randomized selection events, invite participants, and conduct live draws. Features include free-tier access and optional paid subscriptions unlocking additional capabilities. WheelFetti may change, add, remove, suspend, or discontinue parts of the Service at any time, subject to these Terms and applicable law.
3. Limited License and Relationship
Subject to your compliance with these Terms, WheelFetti grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for its intended purpose. You expressly acknowledge and agree that:
- No partnership, joint venture, employment, fiduciary, or agency relationship is created between you and WheelFetti.
- You receive no ownership interest in the Service, software, branding, or related materials.
- Any claim arising out of or related to the Service is subject to Sections 10 and 13 below.
4. Modifications to Plans, Pricing, and Features
WheelFetti reserves the right, at any time and without prior notice, to:
- Change, add, or remove any features or functionality of the Service.
- Modify, introduce, or discontinue any subscription plans or pricing tiers.
- Adjust the features included in any free or paid plan.
- Alter usage limits, event durations, or any other operational parameters.
If you have an active paid subscription and a material change significantly reduces the core functionality you paid for, WheelFetti will make reasonable efforts to notify you. Your continued use of the Service after any such change constitutes acceptance of the modification.
5. Subscriptions, Billing, and Refunds
Certain features of the Service are available only through a paid subscription. By purchasing a subscription, you agree to the following:
- Billing cycles: Subscriptions are billed on the cycle displayed at the time of purchase (e.g., monthly or annually). Charges are processed through the third-party payment provider displayed at checkout.
- Refund window: You may request a full refund within three (3) days of an initial purchase or renewal by contacting WheelFetti through the contact method in Section 15. After that three-day window, fees are non-refundable except where required by law. WheelFetti may decline refund requests involving suspected abuse, fraud, chargebacks, or violations of these Terms.
- Automatic renewal: Subscriptions automatically renew at the end of each billing period. You may cancel at any time; cancellation takes effect at the end of the then-current billing period, and you will retain access until that period ends unless your access is terminated under these Terms or a refund is issued.
- Price changes: WheelFetti may change subscription pricing at any time. Price changes will take effect at the start of your next billing cycle. Continued use of the Service after a price change constitutes acceptance of the new price.
6. User Accounts and Conduct
You are responsible for maintaining the security of your account credentials. You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Attempt to gain unauthorized access to any part of the Service or its related systems.
- Use automated scripts, bots, or other means to abuse, scrape, or overload the Service.
- Transmit spam, malware, or other harmful or disruptive content.
- Resell or sublicense access to the Service without WheelFetti's written consent.
- Reverse-engineer, decompile, or disassemble any portion of the Service.
7. Data, Privacy, and User Responsibility
By using the Service, you acknowledge and agree that:
- The Service stores data you submit (such as event names, participant lists, and spin results) in order to provide its functionality.
- You are solely responsible for the data you enter, including any personal information about third-party participants. You represent that you have obtained all necessary consents to share that information with the Service.
- WheelFetti takes reasonable steps to protect stored data but cannot guarantee absolute security. You use the Service at your own risk.
- WheelFetti may collect usage data (e.g., session information, feature usage) to operate and improve the Service. WheelFetti will not sell your personal data to third parties.
- You may request deletion of your account and associated data by contacting WheelFetti using the contact information in Section 15.
8. Third-Party Services
The Service may rely on third-party providers for payments, hosting, email, analytics, authentication, or other infrastructure. WheelFetti is not responsible for third-party services, outages, policies, fees, chargebacks, payment processor decisions, or actions outside WheelFetti's reasonable control. Your use of third-party services may be subject to additional terms from those providers.
9. Disclaimer of Warranties
Important warranty disclaimer:The Service is provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted access. WheelFetti does not warrant that the Service will be error-free, secure, or continuously available. Your use of the Service is entirely at your own risk.
10. Limitation of Liability
Important liability limitation:To the fullest extent permitted by applicable law, WheelFetti and its related persons, contributors, contractors, service providers, and agents (collectively, the “WheelFetti Parties”) shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service, even if WheelFetti has been advised of the possibility of such damages.
In no event shall WheelFetti's total cumulative liability to you for all claims arising out of or relating to these Terms or the Service exceed the greater of (a) the total fees paid by you to WheelFetti in the twelve (12) months immediately preceding the claim, or (b) fifty U.S. dollars ($50.00).
11. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the WheelFetti Parties from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your events, your submitted data, your violation of these Terms, your violation of law, or your violation of any third-party rights.
12. Termination
WheelFetti reserves the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, at WheelFetti's sole discretion. This includes, without limitation, accounts that WheelFetti reasonably believes violate these Terms or are otherwise harmful to other users, third parties, or the Service itself. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 7, 9, 10, 11, and 13.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law provisions.
Before filing any dispute, you agree to contact WheelFetti and attempt to resolve the matter informally. If the dispute is not resolved within thirty (30) days after notice is received, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring a qualifying individual claim in small claims court.
Class-action waiver: You and WheelFetti agree that disputes will be conducted only on an individual basis and not as a class, collective, consolidated, private attorney general, or representative action. Class arbitrations and class actions are not permitted to the fullest extent permitted by law.
Jury-trial waiver: To the fullest extent permitted by law, you and WheelFetti waive any right to a trial by jury. If any part of this dispute-resolution section is found unenforceable, the remaining provisions shall continue to apply to the maximum extent permitted by law.
14. Changes to These Terms
WheelFetti reserves the right to update or replace these Terms at any time. When changes are made, the effective date at the top of this page will be updated. For material changes, WheelFetti will make reasonable efforts to notify registered users (e.g., via email or an in-app notice). Your continued use of the Service after any changes take effect constitutes your acceptance of the revised Terms.
15. Contact
If you have any questions, concerns, refund requests, or other requests regarding these Terms, please reach out via the WheelFetti Discord server.
