Terms of Use

You may use the Service only if you can legally enter into a binding agreement with us and only in compliance with these Terms and applicable law.

If the Service allows or requires you to create an account, you are responsible for the accuracy of the information you provide and for keeping your login credentials confidential. You are responsible for activity that occurs under your account unless the activity results from our failure to use reasonable security measures.

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Service through a web browser for your own lawful purposes.

We and our licensors retain all rights, title, and interest in and to the Service, including software, designs, text, graphics, interfaces, trademarks, logos, and other content, except for rights expressly granted in these Terms.

You may not:

• copy, reproduce, modify, translate, adapt, or create derivative works based on the Service except as allowed by law or expressly permitted by us;
• sell, rent, lease, sublicense, distribute, or otherwise make the Service available to others as a standalone product or competing service;
• attempt to reverse engineer, decompile, disassemble, or discover source code or underlying algorithms, except to the extent such restriction is prohibited by applicable law;
• bypass, disable, or interfere with security, rate limits, access controls, or technical restrictions;
• use scraping, crawling, automated extraction, or bulk collection methods unless we have expressly authorized them;
• use the Service in a way that harms, disrupts, overloads, or impairs the Service or any third-party systems;
• use the Service to violate law, infringe rights, harass others, transmit harmful code, or submit unlawful, misleading, abusive, or harmful content.

The Service may allow you to submit, upload, create, store, or share text, answers, profile information, images, or other materials ("User Content"). You retain ownership of your User Content, subject to the license below.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, transmit, and use your User Content as reasonably necessary to operate, maintain, improve, protect, and provide the Service.

You represent that you have the rights needed to provide your User Content and that your User Content does not violate these Terms, applicable law, or the rights of any third party.

We may remove or restrict access to User Content if we reasonably believe it violates these Terms, creates legal risk, or may harm the Service or other users.

We may update, modify, suspend, restrict, or discontinue any part of the Service at any time. We may also set usage limits, change features, or remove content where needed for operational, security, legal, or business reasons.

We do not guarantee that the Service will be uninterrupted, secure, error-free, or available at any particular time or location.

The Service may include links, integrations, data, content, or functionality provided by third parties. Third-party services and content are controlled by their respective providers and may be subject to separate terms and privacy policies.

We do not control and are not responsible for third-party services, third-party content, or any loss or damage arising from your use of them. You use third-party services and content at your own risk.

Any information made available through the Service, including scores, comparisons, rankings, recommendations, generated content, or other outputs, is provided for general informational and entertainment purposes only. It should not be treated as professional, educational, financial, medical, legal, psychological, or other expert advice.

Our collection and use of information in connection with the Service is described in our Privacy Policy, if one is posted or otherwise provided. By using the Service, you understand that we may process information as described in the Privacy Policy and as reasonably necessary to provide, secure, maintain, analyze, and improve the Service.

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use them without restriction or compensation to you.

Some parts of the Service may be offered for a fee or as a subscription. If paid features are offered, pricing, billing frequency, renewal terms, cancellation methods, and refund rules will be presented at or before purchase.

Unless otherwise stated at the time of purchase, fees are non-refundable except where required by applicable law.

You may stop using the Service at any time.

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe that you have violated these Terms, created risk or potential legal exposure, misused the Service, or caused harm to us, other users, or third parties.

After termination, the provisions of these Terms that by their nature should survive will remain in effect, including provisions about ownership, disclaimers, limitation of liability, indemnity, dispute terms, and general legal terms.

To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis. We disclaim all warranties, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, or uninterrupted operation.

We do not warrant that the Service will meet your requirements, produce any particular result, be compatible with your device or browser, be free from errors or harmful components, or that any defects will be corrected.

No statement, information, or advice, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.

To the maximum extent permitted by applicable law, WhoSmarter and its owners, directors, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for loss of profits, revenue, goodwill, data, content, business opportunity, or business interruption, arising out of or relating to the Service or these Terms, whether based on contract, tort, negligence, strict liability, statute, or any other legal theory, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of: (a) the amount you paid us for the Service during the three months before the event giving rise to the claim; or (b) USD 50.

The limitations in this section apply even if a limited remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability to the extent it cannot be excluded or limited under applicable law, including liability for fraud, intentional misconduct, or any other liability that cannot legally be limited.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless WhoSmarter and its owners, directors, officers, employees, contractors, agents, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

You are responsible for using the Service in compliance with all laws and regulations that apply to you. You may not use the Service if you are legally prohibited from receiving or using it under applicable sanctions, export control, or other laws.

You may not use the Service for any purpose prohibited by applicable law, including the development, design, manufacture, or production of weapons or other unlawful activities.

These Terms and any dispute arising out of or relating to them or the Service will be governed by the laws of Hong Kong SAR, without regard to conflict of law rules.

The courts located in Hong Kong SAR will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, except where applicable consumer protection law requires a different forum or governing law.

If you are a consumer residing in a jurisdiction that gives you mandatory local rights, nothing in these Terms limits those rights.

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify users, such as posting the updated Terms on the website or providing notice through the Service.

The updated Terms will be effective when posted unless a later effective date is stated. Your continued use of the Service after the updated Terms become effective means you accept the updated Terms.

These Terms are the entire agreement between you and us regarding the Service and replace any prior or contemporaneous understandings about the Service.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable where permitted by law.

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, reorganization, sale of assets, or by operation of law.

For questions about these Terms, contact us at: