Terms and conditions

Wail General Terms & Conditions

Please read these Terms & Conditions (or “Terms”) carefully. By accessing or using Wail, you accept to be bound by the Terms.

1. About These Terms

1.1 Definitions

  • “Services” refers to Wail's services and features made available online (via Wail websites), offline (e.g. support), and through mobile applications.
  • “Content” refers to any material such as data, text, design elements, sounds, video, etc. that is made available by Wail.
  • “User Content” refers to any material contributed or posted by Users while using the Services.
  • "Organiser" refers to event organisers or promoters using the Services to create and promote their events.
  • “Consumer” refers to anyone using the Services to consume information, purchase tickets, attend Events, etc.
  • “Users” or “you” refers to Organisers, Consumers and third parties using the Services.
  • "Wail," "we," "us," or "our," refers to Wail website(s), apps, physical locations, employees, other representatives, etc.
  • “Terms” means the terms and conditions of this Agreement.

1.2 Wail Entity

If you access the Wail platform from the domain www.wail.fm or directly from the app, then you are contracting with the following entity:
,incorporated as ‘Lineup Innovations AB’
Company registration number in Sweden (VAT):
Tengdahlsgatan 24
116 41 Stockholm

1.3 Other Applicable Terms

If an Organiser uses our Services for events with paid tickets, Wail's Purchase Policy also apply.
By agreeing to these Terms & Conditions, you also acknowledge that you have read the Privacy Policy. These documents apply to all Users.
Wail may sometimes provide Users with services not described in these Terms & Conditions. These Terms still apply to such services, unless there’s a separate and signed contract that explicitly states otherwise.
These Terms are a legally binding agreement between you and Wail and outline your rights and responsibilities while using our Services. If you are using the Services on behalf of another person or business, you agree that these Terms also apply to that party.

2. Our Services

2.1 Service Scope

Wail provides the following services:
  • Displaying and listing events as submitted by the Organiser
  • Displaying and listing events analysed from user scans deriving from Wails unique technology services
  • Accepting and processing online orders for tickets to the event
  • Providing Consumers with a confirmation number for their transaction and their ticket
  • Assisting Organisers in marketing their events to relevant Consumers
  • Assisting Consumers in discovering relevant events to attend
  • Providing Consumers with a social platform to communicate around events
Complete descriptions of specific services can be found on the relevant Wail sites.

2.2 Organiser Responsibility

Wail does not create, organise, or own the events listed on the Services. The Organiser is solely responsible for making sure that the event comply with all applicable laws and that any products and services offered on their event page are delivered according to their description.
Wail collects payments made by Consumers via third-party payment service providers and passes such payments to the Organiser.

2.3 Order Processing

Orders will be processed after User’s billing information has been verified. The User will receive an email confirmation of a successfully processed order with a pdf-ticket shortly after the transaction is completed.
If the User does not receive an email confirmation or experiences an error message or service interruption after submitting payment information, it is the User’s responsibility to confirm with Wail whether or not the order has been placed by contacting our customer support by emailing us at support@wail.fm
Consumers hereby authorise Wail to charge or debit their payment card or other account for the face value of any tickets purchase as well as any fees or other charges (such as taxes) that may be due in connection with any transactions requested through Wail.

2.4 Ticket Delivery

Wail tickets can represent goods, tokens, services, or traditional tickets. Tickets will always be distributed in electronic format to the email a User enters in connection with the purchase.
Wail will send a receipt to the User’s email immediately after purchase. If a User has not received the tickets one hour after purchase, the User can contact Wail support.
If a User does not inform us of the non-receipt of tickets within a reasonable time (and at least 72 hours before the event), we will have no liability to the User. Physical delivery of tickets, where available and applicable, is subject to the delivery company's terms.

3. Consumer Privacy

3.1 Privacy Policy

Information provided to Wail by Users or collected by Wail is governed by our Privacy Policy.
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, Wail cannot guarantee or warrant the security of any information you transmit to Wail and you do so at your own risk. Wail does not guarantee the security of the portal or the services or the prevention from loss of, alteration of, or improper access to, your account information or data.

3.2 Organiser Responsibility

As an Organiser, you agree to comply with all applicable laws regarding collection of consumer information, as well as any related policies posted on the Services.

4. Termination of Agreement

4.1 Terms Duration

These Terms remain in effect until they are terminated. When this agreement is terminated by either party, these Terms will generally no longer apply. However, certain provisions will at all times remain applicable to both Users and Wail. (See below)

4.2 Termination by Wail

Wail may at any time terminate a User’s right to use the Services if the User violates these Terms, misuses or abuses the Services, or if permitting the use of the Services would violate any applicable laws or expose Wail to legal liability.
Wail may at any time decide to stop offering the Services, in full or in part. We will use reasonable efforts to give Users notice of such termination. Users agree that Wail is not liable to them or third parties as a result of terminated access to the Services.

4.3 Termination by Users

Unless otherwise stated in a separate agreement a User may terminate access to the Services and applicability of these Terms by deleting his/her/their account.
Consumers without a registered account may at any point terminate these Terms by stopping to use the Services. As long as Consumers continue to access the Services, these Terms remain in effect.
4.4 Exceptions
Any provisions that by their nature should survive termination of these Terms will do so.

5. Release and Indemnity

Users agree to cover Wail if their use of the Services causes Wail to face legal or other claims or expenses.

5.1 Release

Users hereby agree to release Wail from any damages and losses arising out of a dispute between Users and a third party (including other Users) in connection with events listed on the Services or the Services themselves.

5.2 Indemnity

Users agree to indemnify and hold Wail and its representatives harmless from any and all damages or losses that result from any claim, suit, or other proceeding made by any third party relating to Users’ breach of these Terms, use of the Services in violation of these Terms, or breach of applicable laws and regulations.

6. Disclaimer of Warranty & User Risk

Wail strives to provide the Services as expected by the Users, but certain things cannot be guaranteed.
The Services are provided “as is.” Wail expressly disclaims all warranties of any kind. Wail makes no warranty that the Services will meet a User’s requirements or be uninterrupted, secure, and error-free.
Users agree that Wail has no control over and cannot guarantee the quality, accuracy, safety, or legality of any event or Content provided by Users.
Wail is not responsible for any liability arising from acts or omissions by any third party that Wail requires to provide the Services.
Consumers understand that certain events may carry intrinsic risk, and that participation in those events implies voluntary acceptance of those risks.
The foregoing disclaimers apply to the maximum extent permitted by law.

7. Limitation of Liability

7.1 Limitation of Liability

To the extent permitted by applicable laws, Wail and entities associated with Wail’s provision of Services will not be liable to Users or third parties for any damages.

7.2 Exceptions

Any warranty or right that by law cannot be excluded or limited is not excluded or limited by these Terms. Only those liability limitations which are lawful in your jurisdiction will apply.

8. Services License

8.1 License to Services

Wail grants Users a limited, non-exclusive, non-transferable, revocable right to use our Services in their capacity as either Consumer (to discover and attend events) or Organiser (to list events and sell tickets).
Organisers’ and Consumers’ use of the Services must comply with these Terms and any applicable laws.

8.2 Restrictions

Users agree that they will not copy or create derivatives of the Services, reverse engineer any part of the Services, use the Services for any commercial purposes not explicitly specified, remove or alter any proprietary notices on the Services, or in any way interfere with or disrupt the Services.

8.3 Copyrights & Intellectual Property

Users agree that all Site Content may be protected by copyrights, trademarks, or other intellectual property laws. Wail may own the Site Content or portions of the Site Content may be made available to Wail through arrangements with third parties.
Site Content included in or made available through the Services is the exclusive property of Wail and is protected by copyright laws. Users agree to use the Site Content only for purposes permitted by these Terms and any applicable laws. Any rights not expressly granted herein are reserved.

8.4 Trademarks

The trademarks, service marks and logos of Wail used in connection with the Services are registered and unregistered trademarks or service marks of Wail. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties.
Users do not have license or right to use any displayed Trademark without prior written consent of Wail.

9. Organiser Obligations Regarding Permits & Licenses

If you are an Organiser, you represent and warrant to us that:
  • You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorisations ("Licensure") with respect to your events.
  • You and your affiliates will comply and ensure that the venues for each of your events will comply with all applicable laws.
  • You will only request that Wail offer tickets to an event after you have obtained any specific Licensures for such event.
  • You hereby agree to release Wail, its representatives, and partner companies from all damages arising out of or in any way connected with your or your affiliates' Licensure or any failure to obtain or maintain any Licensure.
  • Upon reasonable request of Wail, you agree to provide evidence of relevant Licensure and related information prior to offering tickets or registrations for your event

10. Copyright Takedown Notices

If you are a copyright owner or represent a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice to support@wail.fm

11. Ban on Commercial Use

The Site Content is not for commercial use by the Users. Users have no right to and agree not to use any Site Content for their own commercial purposes or to use any means to extract data from the Site(s).

12. Fees & Refunds

12.1 Wail Fees

It is free for Users to create an account, list an event, or access the Services. However, sale of paid tickets carries a fee. Fees may vary based on individual agreements between Wail and certain Organisers.
Organisers may choose to pass the fees along to Consumers, in which case these will be shown as “Fees” on the applicable event page. Organisers may also choose to instead absorb the fees into the ticket or registration price and pay these fees out of gross ticket proceeds.
Consumers may be charged other fees including taxes, ticket insurance, etc. Therefore, the total fee paid by Consumers may be different from the fees charged by Wail to the applicable Organiser or the standard fees described on the Services to Organisers.
Wail does not control or have information about fees charged by an individual User’s bank or credit card company. Users must check with their bank or credit card company in order to understand all applicable fees, surcharges, and currency conversion rates prior to transacting on Wail.

12.2 Transfer of Tickets

If you wish to transfer tickets to an event you have purchased on Wail, please follow the instructions on the "How do I transfer tickets to a friend?" page.

12.3 Refunds

All ticket transactions are between an Organiser and respective Consumers. Therefore, Consumers must contact the applicable Organiser with any refund requests. You can find help with getting a refund here.
Consumers that receive a refund must discard any previously delivered ticket(s) and not use it to attend events for which the ticket is issued. Violating this constitutes fraud. Organisers are expected to follow all applicable procedures to verify the validity of tickets. Wail will not be held liable for any costs arising from a failure by Organisers to check validity of tickets or for any costs and damages arising from fraud or purchase of tickets via non-official means.
Before purchasing tickets, it is the Consumer’s responsibility to carefully review all aspects of events covered by such tickets, including event restrictions, dates, pricing, and charges. Wail will not issue any refunds for any lost, stolen, destroyed, or damaged tickets, or as under any other circumstances except in the limited cases explicitly described in this Agreement.
Even if a refund is issued by Organiser, Wail’s Fees will be deducted from the refund amount, regardless of whether the fee is included or excluded from the ticket price. The Consumer may apply for a refund prior to the event in question provided that tickets for the event remain on sale. The Consumer may apply for a refund of a subscription ticket prior to the beginning of the subscription period provided that the subscription tickets remain on sale. Acceptance of refunds is determined by the Organisers refund policy and it is the Consumers responsibility to check this policy with the Organiser prior to purchasing any ticket.
Should an event be cancelled, the Organiser of the event will inform the User prior to such cancellation and will refund to the User the ticket price minus the Wail Fee.
Notwithstanding anything to the contrary in these Terms any and all claims for refunds become obsolete one (1) year from the time where such claim arose.

13. Wail User Accounts

Wail requires Users to register for an account in order to access certain features and functionality. If a User has no account at the time of purchase, Wail will ask user to create an account. Users are aware and accept that when a Wail account is created, a public profile is also created. Users are aware and accept that they can opt out of this by accessing Account settings.
Users agree to follow certain rules when creating an account, including the following:
  • You agree to follow all applicable laws when creating an account.
  • You agree to provide accurate information about yourself or the entity you use the Services on behalf of. You also agree to update this information if it changes.
  • If there is a dispute about account ownership between people or entities, Wail will be the sole arbiter of such dispute. Wail's decision will be final and binding on all parties and may include suspension or termination of the account in question.
  • If you are using the Services on behalf of a company or other entity, we expect that you have the authority to legally bind that entity and grant all permissions and licenses provided in these Terms.
  • Users agree to promptly notify Wail in case of any unauthorised use of their account or any other breach of security. Users are responsible and will be held accountable for any activity occurring under their account.
Wail uses third party retargeting which allows us to advertise to Users who have visited our website or company pages on third party platforms, personalise every ad for every User automatically, and use dynamic ads that automatically show Users items they're most interested in.

14. User Content

All Content is the sole responsibility of the person from whom such Content originated. Wail does not control and is not responsible for user submitted Content and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site may contain links to other websites, which are completely independent of Wail.
We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Site. Likewise, Wail makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site.
Users of the Site bear all risks associated with the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will Wail be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site.
You acknowledge that Wail does not prescreen or approve Content prior to posting. Wail makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user.
And further, as to Content: (i) You understand and agree that Wail may review and delete any Content that in the sole judgment of Wail violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others; (ii) You are solely responsible for the Content that You publish or display; and (iii) by posting Content to any public area of the Wail app, You automatically grant, and You represent and warrant that You have the right to grant, to Wail an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing.
Wail reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators. The following is a partial list of the kind of Content that is illegal or prohibited on the Site:
Content that (a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of \"junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (g) displays pornographic or sexually explicit material of any kind; (h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (k) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or (l) post nonlocal or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
Wail may use certain User content, included but not limited to a User’s name, logo, event picture, to identify them as a Wail customer both on the Services and in promotional materials.
Wail may preserve User Content and account information and disclose these if required to do so by law, to comply with legal process, to respond to claims that any User Content violates the rights of third parties, to enforce these Terms, or to protect the rights and safety of Wail, its users, and its representatives.

15. Notices

Wail may send notices to Users via emails registered in Wail’s records. Wail may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Services.
Notices to Wail can be sent to support@wail.fm

16. Ongoing Changes to Terms & Conditions

Wail reserves the right to modify these Terms from time to time. If these changes are considered material, Wail will inform the Users by posting the changes on the Services or sending emails or messages to the Users.
Users are responsible for staying up to date with the posted changes. Continued use of the Services following any changes constitutes acceptance of those changes and the updated Terms.
Wail cannot guarantee availability of certain product features or functionality. Wail reserves the right to modify or discontinue any part of the Services or the entire Service.

17. Assignment

Wail may freely assign these Terms and Wail’s rights and obligations under these Terms to an affiliate or another entity without consent or approval by the Users.

18. Scope of Agreement

These Terms govern the use of Wail Services and constitute the entire agreement between Users and Wail.
In the event of a conflict or inconsistency between the Wail Terms and conditions and the terms of other parties, included but not limited to payment processing partners and any other services providers, the Wail Terms and conditions shall prevail.
These Terms supersede any prior agreements or communications other than a written agreement for Services between a User and Wail relating to a specified event(s).

19. Applicable Law and Jurisdiction

This Agreement shall be governed and construed in accordance with the applicable law of the country where the Wail entity is registered, as stated in article 1.2 of this document, and parties hereby submit themselves to the exclusive jurisdiction of the Courts in the countries stated above in respect to  any claim (including non-contractual disputes or claims).

20. Linked Accounts & Third-Party Sites

Users acknowledge and agree that Wail does not control and is not responsible for the availability of any external websites or resources that may be linked to by Wail or other Users.
Wail is not responsible or liable for any Content or other materials on such websites / resources or any damages or losses related to them, even where such websites / resources are connected with Wail partners or third-party service providers.

21. Force Majeure

Wail shall not be responsible for any delay in, or failure of, the Service or the internet due to any occurrence commonly known as “force majeure,” including war, riots, embargoes, terrorism, strikes, or other concerted acts of workmen (whether of Wail or others) casualties or accidents, or any other causes, circumstances, or contingencies beyond Wail’s, which prevent or hinder the performance of Wail of any of its obligations hereunder.

22. Other Provisions

Failure by Wail to enforce any part of these Terms does not constitute a waiver of Wail’s right to enforce the Terms at a later point.
Any provision of these Terms that is found to be unenforceable will be limited to the minimum extent necessary. Other provisions of these Terms will remain in full force and effect.
Section titles and numbering in these Terms has no legal effect. Wail may freely assign any of its right and obligations under these Terms. The Terms may be translated into other languages. If there is a conflict between the English version and a translated version, the English version will have precedence.