Terms of Use

Site and Mobile App Content - General Information, Not an Offer

The information contained in the Services, including any links to other websites, is intended to provide our customers with general information regarding insurance. The Services are provided for information purposes only and do not constitute an offer to sell or a solicitation of an offer to buy any referenced insurance product. The information provided on the Services is for personal, non-commercial use. Reference to an insurance product included anywhere in the Services is not a recommendation to buy, sell, or hold that, or any other insurance product. We do not represent that the insurance products described on the Services are suitable for any specific client. You are advised not to rely on any information contained on the Services in the process of making a fully informed insurance decision.

Not Legal or Tax Advice

We are not providing specific insurance advice to any individual viewing the content of the Services. The information on the Services is not intended, and should not be construed, as legal or tax advice.

Accessing Your Account(s)/Security

Certain parts of the Services may be protected by passwords or require a login. For authentication purposes, certain features on the Services may require you to answer a designated security question. You agree to provide true, accurate, and complete information as prompted by the Services' registration processes and agree to regularly update this information to maintain its completeness and accuracy. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on the Services, or to any other protected Services information, through any means not intentionally made available to you.

You are responsible for maintaining the confidentiality of any account information, usernames, logins, passwords, and security questions and answers that you use to access any page or feature of the Services, and for logging off of your account and any protected areas of the Services. You are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain reasonable security measures.

If you become aware of any suspicious or unauthorized conduct concerning your policies, accounts, usernames, logins, passwords, security questions, and answers, or of any other breach of security, you agree to contact us immediately. We will not be liable for any loss or damage arising from your failure to comply with the above conditions.

Granting Access to Information about Your Policies and Accounts

You may use the Services to authorize another Wysh customer to see information about your policies and accounts when that other client logs into the Services using his own log-in credentials (such person is referred to as "authorized viewer").

If you grant such access, you understand and agree that the authorized viewer is not authorized to make or request any changes in connection with your policies and accounts, including without limitation, to enter into or request any transaction on any of your policies or accounts or to add, delete, or change any of your profile information or policy or account options. You understand and agree that once you have authorized access to information about your policy(s) and/or account(s) as referenced above, such access by the authorized viewer will continue without further notice to you until you revoke such authorization electronically on the Services. You understand that the authorized viewer may cause your information to be re-disclosed. You understand that you can revoke this authorization at any time. You acknowledge that the authority you have granted to the authorized viewer shall remain in effect until we receive notice of revocation of your authorization and we have had a reasonable amount of time to act upon such notice.

You hereby agree to indemnify and hold Wysh Life and Health Insurance Company and its subsidiaries and affiliates, and their officers, directors, trustees, policy owners, attorneys, insurers, independent contractors, principals, agents, financial representatives, servants, representatives, employees, subsidiaries, affiliates and partners, together with their predecessors and successors in interest, assigns and heirs, harmless from any liability and/or damages resulting from providing to any authorized viewer any information as selected and authorized by you.

Electronic Transmission

Our Electronic Delivery and Signature Disclosure and Consent applies to your use of the Services, which is hereby incorporated into these Terms of Use by reference.

Warranty Disclaimer

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING THE SITE AND THE MOBILE APP) IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WYSH AND OTHER PROVIDERS OF MATERIALS ON THIS SITE DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA LOSS, NONINFRINGEMENT, OR THE ACCURACY, COMPLETENESS, RELIABILITY, QUALITY, TIMELINESS, OR CONTENT OF THE SERVICES. WYSH AND OTHER PROVIDERS OF MATERIALS ON THE SERVICES DO NOT WARRANT THAT THE SERVICES ARE SECURE, WILL MEET YOUR REQUIREMENTS, OR ARE FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION.

FURTHER, WYSH AND OTHER PROVIDERS OF MATERIALS ON THE SERVICES EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES.

RELIANCE ON ANY DATA OR OTHER INFORMATION OBTAINED FROM THE SERVICES IS STRICTLY AT YOUR OWN RISK.  YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT: (I) YOUR USE OF THE SERVICES DOES NOT RELIEVE YOU OF RESPONSIBILITY FOR COMPLIANCE WITH APPLICABLE LAWS, RULES AND REGULATIONS WHILE USING THE SERVICES; (II) YOU WILL NEITHER INQUIRE NOR RELY UPON COMPANY OR THE SERVICES FOR ANY TAX, LEGAL OR OTHER PROFESSIONAL OR EXPERT ADVICE OF ANY KIND; AND (III) YOU ARE FULLY AND SOLELY RESPONSIBLE FOR: (A) SELECTION OF ADEQUATE AND APPROPRIATE SERVICES AND INFORMATION TO SATISFY YOUR BUSINESS NEEDS AND ACHIEVE YOUR INTENDED RESULTS; (B) USE OF THE SERVICES AND INFORMATION OBTAINED THROUGH THE SERVICES; (C) ALL CONTENT, RESULTS, AND OTHER INFORMATION OBTAINED FROM THE SERVICES; (D) SELECTING, OBTAINING AND MAINTAINING ALL HARDWARE, SOFTWARE, COMPUTER CAPACITY, INTERNET SERVICE, PROGRAM AND SYSTEM RESOURCES AND OTHER EQUIPMENT AND UTILITIES NEEDED FOR ACCESS TO AND USE OF THE SERVICES, AND FOR ALL COSTS ASSOCIATED THEREWITH; AND (E) SELECTION, USE OF, AND RESULTS OBTAINED FROM ANY OTHER PROGRAMS, APPLICATIONS, COMPUTER EQUIPMENT OR SERVICES USED WITH THE SERVICES.

No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of other services or sites to which these screens link, and we do not take any responsibility therefor. A link from this Site to another service or site outside of this Site or Mobile App is not an endorsement of the service or site, its content, or its sponsoring organization, and your use of other services or sites is subject to the terms of use of those services or sites.

Limitation of Liability and Indemnity

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WYSH, ITS SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, AGENTS, AFFILIATES, ACCOUNT PROVIDERS, OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF ANY USE OR INABILITY TO USE THE SERVICES (INCLUDING THE SITE AND THE MOBILE APP) OR ANY PORTION THEREOF, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE TYPE OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. WYSH, ITS SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, AGENTS, AFFILIATES, ACCOUNT PROVIDERS, OR AFFILIATES DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE OR THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION AND UNDER ALL THEORIES), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID TO FOR THE USE OF THE SERVICES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. YOU AGREE TO INDEMNIFY AND HOLD WYSH AND THEIR OFFICERS, DIRECTORS, TRUSTEES, POLICY OWNERS, ATTORNEYS, INSURERS, INDEPENDENT CONTRACTORS, PRINCIPALS, AGENTS, FINANCIAL REPRESENTATIVES, SERVANTS, REPRESENTATIVES, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND PARTNERS, TOGETHER WITH THEIR PREDECESSORS AND SUCCESSORS IN INTEREST, ASSIGNS AND HEIRS (COLLECTIVELY REFERRED TO AS "WYSH INDEMNITIES"), HARMLESS FROM ANY AND ALL DEMANDS, CLAIMS, LIABILITY OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, MADE AGAINST ANY OF THE WYSH INDEMNITIES DUE TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR BREACH OF THESE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANYONE (HEREINAFTER COLLECTIVELY REFERRED TO AS "CLAIMS"). WYSH RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS. YOU AGREE TO REASONABLY COOPERATE AS REQUESTED BY WYSH IN THE DEFENSE OF ANY CLAIMS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Copyright Information, Site Ownership, and Restrictions on Use

The material provided on the Services, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without our prior written permission, except that you may download, display, or print the materials on any single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of copyright(s) and other proprietary rights. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of the material providers.

All non-Wysh trademarks, service marks, trade names, product names, company names or logos mentioned or shown on the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trademark, service mark, trade name, product name, company name, logo, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation thereof.

Jurisdiction/Applicable Law

These Terms of Use are entered into in Milwaukee, Wisconsin, and shall be governed by the laws of the State of Wisconsin and the federal laws of the United States of America, without regard to conflicts of law principles. For all disputes arising out of or related to the Service, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Wisconsin.

Minors' Use of Services Prohibited

The Services are directed at adults. By registering for the Services, you represent that you are 18 years of age or older. No one under age 18 is allowed to use, or provide any personal information through, the Services.

Privacy

Our privacy policies apply to your use of the Services, and those policies are incorporated into these Terms of Use by reference. To view our privacy policies (collectively, “Privacy Policy”), please click on the respective links below.

Wysh's Online Privacy Statement, which discloses the privacy practices for this website, is available via the link below: https://www.wysh.com/l/online-privacy

Wysh’s Customer Privacy Notice is available via the link below: https://www.wysh.com/l/privacy-notice

Modification and Termination

We reserve the right to modify these Terms of Use, modify the information contained on the Services, or modify the availability of any features or functionality of the Site at any time, without notice or liability. Any such modifications will be effective immediately upon posting to the Site, and you are responsible for checking the Services periodically for modifications to these Terms of Use, the Site, or the Mobile App. The rights granted to you by these Terms of Use terminate immediately upon any violation by you of the Terms of Use. We further reserve the right, in our sole discretion, to temporarily or permanently discontinue your electronic access to your account and use of the Site or Mobile App at any time, without notice or liability. We will not be liable to you or any third party for any termination of your access to or use of this Site or the Mobile App.

Severability

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

Entity Identification

Wysh is a registered trademark of Wysh Life and Health Insurance Company. Wysh is the marketing name for Wysh Life and Health Insurance Company, Milwaukee, WI (life and health insurance), customer service 1-844-WYSH-HLP (1-844-997-4457).

The products and services referenced are offered and sold only by appropriately appointed and licensed entities and representatives of such entities. For general information, please visit us at https://www.wysh.com.

Savings+ Feature

The following terms and conditions also apply to your use of the Savings+ feature of the Services.  

Description of Savings+

Savings+ is a program portal to an FDIC-insured savings account with a third-party financial institution – nbkc bank. Any balances you hold with nbkc bank, including but not limited to those balances held in Savings+ are added together and are insured up to $250,000 per depositor through nbkc bank, Member FDIC. If you have funds jointly owned, these funds would be separately insured for up to $250,000 for each joint account owner. Nbkc bank utilizes a deposit network service, which means that at any given time, all, none, or a portion of the funds in your Betterment Checking accounts may be placed into and held beneficially in your name at other depository institutions which are insured by the Federal Deposit Insurance Corporation (FDIC). For a complete list of other depository institutions where funds may be placed, please visit https://www.cambr.com/bank-list. Balances moved to network banks are eligible for FDIC insurance once the funds arrive at a network bank. To learn more about pass-through deposit insurance applicable to your account, please see the Account Documentation. Additional information on FDIC insurance can be found at https://www.fdic.gov/resources/deposit-insurance/. To use Savings+, you will open an account with nbkc bank. By opening the account, you agree that you have accepted nbkc bank’s Consumer Deposit Account Agreement and privacy policy and understand and agree that those agreements are incorporated into these Terms of Use by reference. You authorize us to share your identity and account data in accordance with our Privacy Policy, and that you are responsible for the accuracy and completeness of the information you provide. You understand and agree that you will access and manage your nbkc bank account through our Services.

Linked Accounts Feature

The following terms and conditions also apply to your use of the Linked Accounts feature of the Services.

Description of the Linked Accounts Feature

The Linked Accounts feature of the Services is a personal information management service ("Linked Accounts Service") offered at no cost that enables you to view information about your Wysh insurance policies, along with information about your policies and accounts held at other financial institutions. Wysh may retain one or more independent service providers ("Service Provider") to provide the Linked Accounts Service or any portion of the Linked Accounts Service.

If you have linked accounts held at other financial institutions to your Wysh online account using the Linked Accounts Service, they are not held by Wysh nor are they reflected on the books and records of Wysh. The values shown for such accounts have been obtained from another financial institution and have not been audited or verified. Questions or instructions regarding those accounts should be directed to the financial institutions at which they are held.

Provide Accurate Information

You agree to provide true, accurate, current, and complete information about yourself and your policies and accounts maintained at other financial institutions and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on this Site or the Mobile App, or to any other protected Site or Mobile App information, through any means not intentionally made available to you.

Proprietary Rights

You are permitted to use content delivered to you through the Linked Accounts Service only on the Linked Accounts Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the Linked Accounts Service.

Content You Provide

You are licensing to Company and its Service Provider any information, data, passwords, user names, PINS, personally identifiable information, materials or other content (collectively “Content”) you provide through or to the Linked Accounts Service. You authorize us or our Service Provider to use any Content you provide through or to the Linked Accounts Service or that we or our Service Provider retrieve on your behalf for purposes of providing the Linked Accounts Service, to offer products or services, and for other permissible Wysh business purposes. Except as otherwise provided herein, we or our Service Provider may store, use, change, or display such Content or create new content using such Content. By submitting Content, you agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Company and Service Provider may use the Content for the purposes set out above.

Power of Attorney

By using the Linked Accounts Service, you authorize Company and Service Provider to access information at third party sites on your behalf. For all purposes hereof, you hereby grant Company and Service Provider a limited power of attorney, and you hereby appoint Company and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, COMPANY AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Linked Accounts Service is not endorsed or sponsored by any third-party account providers accessible through the Linked Accounts Service.

Non-Wysh Site Access and Accounts

With respect to any third party sites we may enable you to access through the Linked Accounts Service or with respect to any non-Wysh accounts you include in the Linked Accounts Service, you agree to the following:

• You are responsible for all fees charged by the third party in connection with any non-Wysh accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this Terms of Use does not amend any of those terms and conditions. If you have a dispute or question about a non-Wysh product or account, you agree to direct it to the appropriate institution.
• Any links to third party sites that we may provide are for your convenience only, and Wysh does not sponsor or endorse those sites. Any third-party services, which you may be able to access through the Linked Accounts Service, are services of the listed institutions. We have no responsibility for any transactions and inquiries you initiate at third party sites. The third-party sites you select are solely responsible for their service to you. We are not liable for any damages or costs of any type arising out of or in any way connected with your use of the services of such third-party sites.

Privacy

Wysh will protect and share your information as described in the Wysh Customer Privacy Notice.

• For your security, when you provide login credentials for non-Wysh accounts, this login information is encrypted and is not readable by Wysh or its Service Provider.
• Non-Wysh account information may be used by Wysh to provide the Linked Accounts Service, to offer products and services, for marketing and for other permissible business purposes.
• You can delete a non-Wysh account from the Linked Accounts Service at any time. Such deletion will not affect information or content retrieved prior to that deletion.

User Conduct

You agree not to use the Linked Accounts Service or the content or information delivered through the Linked Accounts Service in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Linked Accounts Service to impersonate another person or entity; (b) violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (c) create liability for Wysh or cause us to lose the services of our Service Provider; (d) access the information and content programmatically by macro or other automated means; or (e) use the Linked Accounts Service in such a manner as to gain unauthorized entry or access to computer systems.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE LINKED ACCOUNTS SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE LINKED ACCOUNTS SERVICE IS AT YOUR SOLE RISK. THE LINKED ACCOUNTS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE LINKED ACCOUNTS SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE LINKED ACCOUNTS SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

COMPANY AND SERVICE PROVIDER MAKE NO WARRANTY THAT (I) THE LINKED ACCOUNTS SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE LINKED ACCOUNTS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LINKED ACCOUNTS SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE LINKED ACCOUNTS SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LINKED ACCOUNTS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE LINKED ACCOUNTS SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Indemnification

You agree to protect and fully compensate Company and Service Provider and their employees, agents and affiliates from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorney's fees) caused by or arising from your use of the Linked Accounts Service. You agree that Service Provider is a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider were a party to this Agreement.

Wysh Mobile App Terms and Conditions

In addition to your agreement with the foregoing Terms of Use, you acknowledge and agree to the following provisions with respect to your use of the Wysh mobile application ("Mobile App").

Access to your information may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider. WYSH MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

These Terms of Use are an agreement between you and Wysh. Apple Inc. ("Apple") is not a party to the Terms of Use agreement and does not own and is not responsible for the Mobile App. Apple is not providing any warranty for the Mobile App. Apple is not responsible for maintenance or other support services for the Mobile App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Mobile App, including, without limitation, any third party product liability claims, claims that the Mobile App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.

The license you have been granted herein is limited to a non-transferable license to use the Mobile App on any compatible device that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the Mobile App, such as your wireless data service agreement.

You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Terms of Use and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary thereof.

App Store is a service mark of Apple Inc.