Language. This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version prevails.
Special Provisions Applicable to Users Outside Spain. We aim to create a global standard user experience, but we also do our best to respect local laws. If you are a User who interacts with Whtmatters outside Spain you consent to having your data transferred to and processed in Spain.
Your Acceptance. This is an agreement between CAPITO VENTURES, S.L. (hereinafter Whtmatters) a company incorporated in Madrid under the laws of Spain, the owner and operator of the site www.whtmatters.com, its relevant software and associated services (hereinafter alltogether referred as the Service) and You (hereinafter You, User or Registered User), a User of the Service. By using the Service provided by Whtmatters you are agreeing to these Terms of Service, Privacy and Cookies Policy, which can be found herein and at www.whtmatters.com.
Whtmatters Service. Whtmatters is conceived to facilitate you to pick the images you feel are especially important to you, separating the pictures that matter from the rest. You will be able to aggregate them in moments/albums. It’s primarily conceived for your personal and private use. In addition, should You become a registered user (hereinafter Registered User) You can share your moments/albums with your friends/contacts who become Registered Users as well (collaborative moments/albums), and vice versa. You should use the Service just for fun.
We don’t make copies, archive, store or back up your moments/albums and its images/content. The only records of the images/contents of any moments/albums reside directly on the User’s devices (and which may be deleted at the user’s option). FOR AVOIDANCE OF DOUBT, WHTMATTERS WILL NOT MAKE COPIES OF THE IMAGES/CONTENT PART TO A MOMENT/ALBUM, WE WILL NOT HAVE THEM STORED IN BACKUP FILES OR ON OUR SERVERS. However, with respect to collaborative moments/albums, in order to facilitate the sharing process, we just store temporarily (for up to a maximum of seven –7– days) its images/content that You share with Other Registered Users. We reserve the right to change the latter term at any time. The latter provision applies as well to Prints service.
If You are a user of the Whtmatters Safety Mode service, please refer to its specific terms and conditions.
We reserve the right to discontinue totally or partially the Service or any of its aspects at any time.
Registered Users. You can use the Service without being registered. Should you opt to become a Registered User You acknowledge and agree that you will have to provide Whtmatters access to your mobile phone number. As a result, data/message rates may apply. You expressly acknowledge and agree that in order to provide the Service for Registered Users, Whtmatters may periodically access your contact list on your mobile device to find and keep track of mobile phone numbers of other Registered Users of the Service. You hereby give your express consent to Whtmatters to access your contact list for mobile phone numbers in order to provide and use the Service. For Registered Users we as well collect names-nicknames and/or email addresses among other data points. You are solely responsible for the information/images/content that you submit/share on the Whtmatters Service and/or the interactions with other Registered Users. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation, spam or illegal purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
You agree to use the Service in a reasonable manner, in substance and form. We expect you to be selective as not all pictures/images/content matter, so you should just share those who really matters to you and those others you have chosen to share with. Whtmatters reserves the right to limit excessive use.
Whtmatters Prints service. When available in your territory, Whtmatters Prints service (hereinafter Whtmatters Prints or Prints) is conceived to facilitate Users to order customized-personalized and ‘do it yourself’ photo books or other customized-personalized photo-based products (hereinafter Products). Products specifications are those in force from time to time as disclosed during the purchase process, Whtmattters reserves the right to modify them without prior notice.
We recommend our Users to create the Products using maximum quality photos-images for a better printing experience. In addition, Users should check before placing an order the content and order details of their Products, including but not limited to, aspects like: (a) poor image quality including low resolution-definition images that may be insufficient for print; (b) text errors including mistakes in spelling, grammar, or other text errors or omissions; (c) mistakes in using available features; (d) accidental omissions including blank pages, empty photo boxes or duplicated photos; (e) delivery address errors and other data necessary to successfully deliver and personalize the Products; (f) estimated production time and delivery date indications and (g) payment-checkout info.
Users should note that image colours vary from mobile screen to mobile screen and as well due to the original quality of the photos submitted. As a result, Whtmatters cannot be responsible for colour, definition, resolution or any other variations related to the images that might result from mobile screen differences or poor quality of the original photos or any of the aspects to be checked by the User before ordering. Production time is always indicative and estimated based upon local work days and may suffer variations, among other reasons, due to the inherent seasonality to this customized-personalized Products.
By placing an order Users represent that the Products ordered will be used only in a lawful manner and in no way for any commercial purpose or in breach of third party rights. Whtmatters reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions (for example those expired, false, etc.) ; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service (for example for those orders not effectively collected, or to be delivered in territories or parts of a territory where Prints is not available etc.).
Price. Tariffs are those in force from time to time as disclosed during the purchase process. Whtmattters reserves the right to modify the tariffs without prior notice.
Checkout. Payment for the Products will be processed thru to Whtmatters checkout partner Stripe (www.stripe.com). Payment processing services for Whtmatters on Whtmatters services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate User, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Whtmatters enabling payment processing services through Stripe, you agree to provide Whtmatters accurate and complete information about you and your business, and you authorize Whtmatters to share it and transaction information related to your use of the payment processing services provided by Stripe. You represent and warrant that you have the legal right to use any credit-debit card(s) or any other payment means You use to checkout. You agree to pay all charges incurred by you or any users of your account and credit-debit card (or other applicable payment mechanism) at the tariffs in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. After a successful checkout, the order will be placed and its order number will be issued. Then the order may not be cancelled or modified.
Order Delivery. Shipping costs will be borne by the User either as part to the overall tariff of the Product or as a separate cost. Products will be delivered by Whtmatters Shipping Partner Envialia. By using the Envialia service, You, User agree to be bound by Envialia terms and conditions that can be accessed at Terms and Conditions . After Whtmatters delivers the Products to our Shipping Partner, Whtmatters takes no responsibility on the Order Delivery service including, but not limited to, aspects like: undelivered Products, delays, damages, deterioration, etc. User must check all relevant aspects of the Product before accepting the delivery and, when necessary, inform Envialia about any complaints or unsatisfactory aspects. Please note that delivery dates are always indicative and estimated based upon local delivery work days.
Order Cancellation or Modifications. Users cannot cancel or modify orders once the order has been placed (order number has been issued). Users should check before placing an order the content and order details of their Products.
Returns and Refunds. Due to the customized-personalized nature of the Products Whtmatters doesn’t accept returns or refunds. Please note that Products are non-returnable and payments are nonrefundable. If Products are damaged or defective upon arrival, please contact us. If any, return shipping costs will be borne by the User. For questions or any other aspects, Users may contact Whtmatters at email@example.com , at the phone number 915983317 and at Francisco Gervás 14, 28020 Madrid-Spain.
My Orders. Whtmatters does not require Users to sign up to provide the Prints service. Users providing Whtmatters the authorization to access and store their user_ids as provided by the relevant Operating Systems may get access to their Order details by accessing My Orders section at the available apps . Should users then change their OS and/or their account associated to the user_ids, Whmatters will not be able to provide Users orders details.
Whtmatters Safety Mode service. When available in your country, Whtmatters Safety Mode service (hereinafter Whtmatters Safety or Safety) offers Registered Users to access their content (albums, photos, comments, timeline, etc.) stored by Whtmatters.
Safety service is available for Registered Users using the Whtmatters applications downloaded from the relevant Google Play and/or Apple Store market places and therefore using iOS (9.0 and later) or Android (4.1 and later) operating systems. Photos are compressed to save storage space which is initially limited to a maximum of 5GBs. We expect you to be selective as not all pictures/images/content matter. Whtmatters reserves the right to limit excessive use. Should you change your mobile phone number which is your only identifier, or port your Registered number into a mobile network operator not within the ones covered by our mobile phone number authentication third-party provider, we will not be able to offer you access to your content stored by Whtmatters. FOR AVOIDANCE OF DOUBT, SHOULD WE CANNOT AUTHENTICATE YOUR REGISTERED MOBILE PHONE NUMBER WE CANNOT MAKE AVAILABLE THE CONTENT STORED BY WHTMATTERS.
Price. Tariffs for the Safety service are those in force from time to time as disclosed during the purchase process. Whtmattters reserves the right to modify the tariffs but will give you advance notice of these changes via a push notification. You may cancel your Safety service at any time. We’ll automatically bill you from the date you become a Whtmatters Safety Mode User and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
Checkout. Payment for the Products will be processed thru to Whtmatters checkout partners from time to time and therefore subject to their Terms of Service. By agreeing to these terms or continuing to operate User, You agree to be bound by the Whtmatters checkout partners Services Agreements, as the same may be modified from time to time. As a condition of Whtmatters enabling payment processing services, you agree to provide Whtmatters accurate and complete information about you and your business, and you authorize Whtmatters to share it and transaction information related to your use of the payment processing services provided by our checkout partners. You represent and warrant that you have the legal right to use any credit-debit card(s) or any other payment means You use to checkout. You agree to pay all charges incurred by you or any users of your account and credit-debit card (or other applicable payment mechanism) at the tariffs in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
No Refunds. You may cancel your Safety service at any time. Refunds are only issued if required by law. Your Safety service will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your Safety service on time, we reserve the right to terminate the service.
Safety service Discontinuation. We reserve the right to discontinue the service at any time but we will give you advance notice via push notification.
For questions or any other aspects, Users may contact Whtmatters at firstname.lastname@example.org , at the phone number 915983317 and at Francisco Gervás 14, 28020 Madrid-Spain.
Intellectual Property Rights (IPR). The design of the Whtmatters Service along with texts, scripts, graphics, interactive features and the like (except images/content picked by Users and added to User’s moments), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Whtmatters, subject to copyright and other intellectual property rights under Spain and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Whtmatters retains all IPR not expressly granted. You are not permitted to resell or charge others for use of or access to Whtmatters or make any commercial use of the Service.
Warranty disclaimer. You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Whtmatters, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Whtmatters makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content transmitted, or otherwise made available via the Service. Whtmatters does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any user status submission or other advertising, and Whtmatters will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Please use this just for fun.
Limitation of Liability. The Service is controlled and offered by Whtmatters from its offices in Spain. Whtmatters makes no representations that the Whtmatters Service is appropriate or available for use in other locations. Those who access or use the Whtmatters Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Whtmatters takes no responsibility for Registered Users submissions and therefore You are solely responsible for your interactions and content shared with other Registered Users. Whtmatters takes no responsibility for the loss of the images/content part to the moments/albums.
Should you choose to use Whtmatters premium services like Prints or Safety, Whtmatters maximum liability will amount to the Tariff effectively collected for the relevant services.
Indemnity. You agree to defend, indemnify and hold harmless Whtmatters, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Ability to Accept Terms of Service. You affirm that you are either more than 13 (thirteen) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 14 years old as the Whtmatters Service is not intended for children under 14. If you are under 14 years of age, you are not permitted to use the Whtmatters Service. This Terms of Service may be revised periodically. Please revisit this page to stay aware of any changes. Your continued use of the Whtmatters Service constitutes your agreement to this Terms of Service and any amendments.
Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Whtmatters without restriction. In the event that Whtmatters is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users (You, Users and/or Registered Users) as part of such merger, acquisition, sale, or other change of control.
Governing law and jurisdiction. This Terms of Service and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to it or its validity and its execution shall be governed by and interpreted and construed in accordance with the laws of Spain. The Parties submit to the jurisdiction of the Courts of Madrid, Spain unless otherwise stated by the laws.
Who is the data controller? The Data Controller is CAPITO VENTURES, SL., C/ Francisco Gervás, 14, 28020, Madrid, CIF number B87233748 (“hereinafter Whtmatters”), which means that Whtmatters decides how and why we use your personal data. You can contact Whtmatters via email email@example.com with any questions or comments.
What Personal Information do we collect? Whtmatters may obtain the following types of Personal Information from or concerning you or your mobile phone device or any other device from where you access the Service:
What is our basis for processing your Personal Information? Whtmatters will only process Personal Information if a lawful basis of the following applies:
Who may have access to your Personal Information? We may share Personal Information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Whtmatters Service. We may collect and release Personal Information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and local laws, international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Whtmatters also reserves the right to disclose Personal Information that Whtmatters believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Whtmatters Service or our servers, and to protect the rights, property, or personal safety of Whtmatters Service, our users or others.
As mentioned in Terms of Service, we specifically inform you that payments will be processed thru Whtmatters checkout partner Stripe (www.stripe.com) and order products will be delivered by Whtmatters Shipping Partner Envialia (www.envialia.com). Both companies will have access to your Personal Information when needed.
How do we protect your Personal Information? To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the Whtmatters Service.
Whtmatters uses reasonable safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Whtmatters and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit images/content through the Whtmatters Service is never recommended. Once we receive your transmission of information, Whtmatters makes reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Whtmatters learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Whtmatters may post a notice on the Whtmatters site or through the Whtmatters Service if a security breach occurs.
Which are your rights? You have the following rights:
Date of Last Revision: 2 August 2018