Legal

Terms of Service

Last updated: January 1, 2026

These Terms of Service (the "Terms") between you and Walling govern your access and use of the Services. Please read these Terms carefully before using them. By accessing or using the Services, you confirm your agreement to be bound by these Terms.

1. Definitions

1.1. The following definitions apply in these Terms:

• "Agreement" means these Terms and any documents referred to herein.
• "Content" means any data, text, graphics, images or other materials uploaded, collected, generated or stored by you through use of the Services.
• "Services" means all features, tools and functionality accessible through our website and related applications.
• "Subscription Fees" means the fees payable by you to Walling for your chosen subscription plan, as updated from time to time in accordance with these Terms.
• "Walling", "we", "our" and "us" means Walling Software Inc., the provider of the Services.
• "you" and "your" means the contracting party who subscribes to use the Services.

1.2. Clause headings shall not affect the interpretation of these Terms. Unless the context otherwise requires, words following "including", "include", or "for example" are illustrative and shall not limit the preceding terms.

2. Acceptance of These Terms

2.1. By subscribing for the Services online or by otherwise using the Services, you agree to be bound by these Terms and all policies incorporated by reference. If you do not agree to all the Terms, do not access or use our Services.

2.2. This Agreement supersedes any prior agreements or arrangements with you regarding the use of the Services.

3. Changes to Terms

3.1. We may change the Services or the terms of our Agreement with you at any time. We shall notify you of any changes. If we reasonably believe a change is material and adversely affects you, we will provide at least 30 days' notice before new terms take effect.

3.2. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorised to use the Services.

4. Access and Use

4.1. Business use: You acknowledge that the Services are intended for business use only. Where an individual subscribes to the Services on your behalf, we are entitled to assume they have all necessary authority to represent you.

4.2. Account security: To access the Service, you are required to set up a user account. You are responsible for all activity that occurs under your account and must maintain the security of your credentials at all times. Notify us immediately if you suspect any unauthorised use of your account.

4.3. Service updates: Walling reserves the right to implement updates or modifications to the Service at any time. Your use of the Service is independent of our commitment to provide any specific functionalities or features.

5. Prohibited Uses and Activities

5.1. You agree that you will not access or use our Services for any illegal, harmful, fraudulent, infringing or offensive purpose, or to interfere with, disrupt or attack our systems. Prohibited activities include:

• Posting or distributing content that is unlawful, harmful, harassing, defamatory, obscene, or promotes illegal activities.
• Infringing upon any intellectual property, privacy or publicity rights of any party.
• Transmitting unsolicited or unauthorised advertising or promotional material, including spam.
• Attempting unauthorised access to any part of the Service or related systems.
• Introducing viruses, malicious software, or engaging in any form of denial-of-service attack.
• Impersonating Walling, a Walling employee, or any other person or entity.
• Using automated means to access or scrape the Service without our express written permission.

5.2. We may suspend or terminate your access to our Services if you engage in any prohibited activity or materially breach these Terms.

6. Your Responsibilities

6.1. Your conduct: You are responsible for your conduct, Content and communications while using our Services. You must comply with all applicable laws.

6.2. Responsibility for Content: You are solely responsible for the legality, appropriateness and accuracy of your Content. You warrant that you have all necessary rights and permissions to use the Content. We are not responsible for verifying or correcting your Content, and may remove any Content that violates these Terms or applicable law.

6.3. Backups: We may back up your Content periodically, but you are primarily responsible for maintaining your own copies. Upon termination, we will make reasonable efforts to delete your Content.

6.4. Logins: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. We recommend using strong passwords and enabling multi-factor authentication where available.

7. Subscriptions and Billing

7.1. Fees: You agree to pay all applicable Subscription Fees in advance for the use of the Services under your chosen subscription plan. We use third-party services for billing and payment processing.

7.2. Billing: You must provide up-to-date, complete and accurate payment details and promptly update them if changed. We may change our billing methods upon 30 days' prior notice.

7.3. Failure to pay: If we have not received payment within 30 days of the due date, we may, without liability to you, disable your access to all or part of the Services while the amount remains unpaid.

7.4. Taxes: All fees exclude applicable taxes, levies, or duties imposed by any relevant authority. It is your responsibility to settle all taxes associated with these Terms, except for taxes based on our net income.

7.5. No refunds: All Subscription Fees charged by Walling are non-refundable. We do not offer refunds or credits for partially used or unused subscription periods.

7.6. Fee changes: Walling may change Subscription Fees at any time. Any fee change will become effective at the end of your current billing period. We will provide at least 30 days' prior notice of any change.

8. Data Protection

8.1. Both parties will comply with all applicable data protection legislation. This clause is in addition to, and does not relieve, remove or replace, either party's obligations under applicable data protection law.

8.2. Where we process your personal data to operate your account, we do so as controller in accordance with our Privacy Policy at walling.com/privacypolicy.

8.3. Where we process any personal data on your behalf when performing our obligations under the Agreement, you are the controller and we are the processor. We shall process such data only on your documented written instructions and ensure that appropriate technical and organisational measures are in place to protect it.

9. Improving the Services and Feedback

9.1. Improving Services: We shall be entitled to use information collated from usage of the Services for the improvement and provision of Services, including to train AI systems used to provide the Services. This clause shall survive the expiry or termination of the Agreement.

9.2. Feedback: By submitting feedback, you acknowledge that such submission is voluntary and without any expectation of compensation. You grant us an irrevocable, non-exclusive, perpetual, royalty-free licence to utilise the feedback without limitation.

10. Intellectual Property Rights

10.1. Licence grant: We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use our Services solely for your internal business purposes. You may not reproduce, modify, reverse-engineer, or create derivative works of the Service without our express written permission.

10.2. Our intellectual property: Other than your Content, all material in the Services — including software, images, text, graphics, logos, and trade marks — is owned by Walling or its licensors. Unauthorised use may violate applicable intellectual property and other laws.

10.3. Content ownership: You retain all ownership, title and interest in and to your Content. The rights you grant to us are limited to those we need to provide and improve our Services.

10.4. Licence to us: You grant us a worldwide, royalty-free licence to use, reproduce, distribute, modify, display and transmit your Content solely to the extent needed to provide and improve our Services.

11. Third Party Services

11.1. The Service may allow you to integrate with or link to third-party services and sites. Such integrations and sites are not under our control, and we are not responsible for their contents or terms.

11.2. We are not responsible for any transmission sent or received from any integrated or linked service. Your use of any third-party service is at your own risk and subject to that service's terms and privacy policies.

12. Disclaimers and Limitations of Liability

12.1. The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, all implied warranties, representations, and conditions of any kind are excluded from these Terms. We do not warrant that the Service will be uninterrupted, secure, or error-free.

12.2. Nothing in these Terms excludes either party's liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

12.3. Subject to clause 12.2, we shall not be liable for any loss of profits, loss of business, loss or corruption of data, or for any special, indirect or consequential loss however arising. Our total aggregate liability arising out of or relating to these Terms is limited to the greater of: (a) the amount paid by you to us in the 12 months preceding the event giving rise to liability, or (b) $100.

13. Indemnification

13.1. You shall defend, indemnify and hold harmless Walling and its officers, directors, employees, and agents from and against any third-party claims, losses, liabilities, damages, expenses and costs arising out of or in connection with: (a) your use of our Services; (b) your Content; (c) your violation of these Terms; or (d) your violation or infringement of any rights of Walling or any third party.

14. Term and Termination

14.1. Term: The Agreement shall commence on the date it is entered into and continue for successive billing periods until either party provides written notice of termination prior to the end of the then-current billing period.

14.2. Termination for breach: Walling may suspend or terminate these Terms with immediate effect by written notice if you materially breach these Terms.

14.3. Effects of termination: Termination does not relieve you of obligations to pay fees or liability for acts prior to termination. Upon termination, we will make reasonable efforts to delete your Content.

14.4. Survival: Clauses relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law shall survive termination.

15. Notices and Contact Information

15.1. Any official communication to either party should be in written form and sent via email. Notices directed to Walling should be sent to legal@walling.io.

15.2. For feedback, technical support, or other communications, please contact us at: support@walling.io

16. Governing Law and Jurisdiction

16.1. These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

16.2. Each party irrevocably agrees that the courts of the State of Delaware shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

17. General Terms

17.1. Waiver: A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

17.2. Severability: If any part of these Terms is deemed invalid or unenforceable, that provision will be removed or restricted to the smallest extent necessary, and the remainder of the Terms shall remain in full effect.

17.3. Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms with notice to you.

17.4. Entire agreement: This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior agreements, promises, and understandings between the parties.

17.5. Service interruptions: Walling cannot guarantee uninterrupted availability of the Services. We shall not be liable for any inconvenience or losses resulting from scheduled or unscheduled downtime.

18. Questions?

Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@walling.io