Effective Date: November 5, 2026 (Version 2026-11-05)
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, AND YOUR OBLIGATION TO INDEMNIFY THE OPERATOR.
1.1 These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you" or "User") and the owner(s) and operator(s) of the W Dash mobile application and its related servers, websites and services (collectively, the "Service"), together with their respective affiliates, officers, directors, members, employees, contractors and agents (collectively, the "Operator", "we", "us" or "our").
1.2 By creating an account, by selecting "I agree" or "Accept", or by accessing or using the Service in any manner, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to, and must not, access or use the Service.
1.3 You represent that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, and have the legal capacity to enter into these Terms. If you permit a minor to use the Service under your account or family, you accept these Terms on the minor's behalf and are responsible for the minor's use of the Service.
2.1 The Service is an independent shopping assistance tool that permits Users to create and share shopping lists, organize lists within family groups, search product information, store recipes, and view suggested in-store routes.
2.2 THE SERVICE IS NOT AFFILIATED WITH, ENDORSED BY, SPONSORED BY, OR OTHERWISE CONNECTED TO ANY GROCERY STORE CHAIN, SUPERMARKET, RETAILER, MANUFACTURER OR BRAND OWNER. Any reference to a retailer, store, product, brand, logo, image or trademark is made solely for descriptive and informational purposes to assist Users in planning their shopping. All such names, marks and images are the property of their respective owners, and no license to, or endorsement by, any such owner is stated or implied.
3.1 Product names, descriptions, sizes, prices, unit prices, ratings, availability, stock status, aisle and shelf locations, store layouts, routes, recipe content, ingredient conversions and all other information made available through the Service (collectively, "Information") are obtained from publicly available sources, from Users, and through automated processes, and may be incomplete, inaccurate, outdated or erroneous.
3.2 The Information is provided for general convenience only. The Operator makes no representation as to the accuracy, completeness, reliability or timeliness of any Information and assumes no obligation to update it. You are solely responsible for verifying all Information, including prices, product suitability, ingredients, allergens and availability, before relying on it or making any purchase.
4.1 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you.
4.2 Family groups, invitations and shared lists are created and administered by Users. Content added to a family group may be viewed, modified or deleted by other members of that family group in accordance with the Service's features. The Operator is not responsible for the conduct of any family member or for any content added, changed or removed by any User.
5.1 "User Data" means all information and content submitted to, stored in or generated by the Service in connection with your use, including account information, names, email addresses, family membership, shopping lists and their revision history, purchase patterns, recipes, photographs, uploaded images, store layout scans, location-derived selections and usage records.
5.2 You grant the Operator a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to host, store, reproduce, process, modify, display and otherwise use User Data as necessary or useful to provide, operate, maintain, secure, support, analyze and improve the Service, and to comply with applicable law.
5.3 YOU ACKNOWLEDGE AND AGREE THAT THE OPERATOR RESERVES THE RIGHT, AT ANY TIME AND WITHOUT NOTICE TO YOU, TO ACCESS, VIEW, MONITOR, COPY, USE, DISCLOSE, MODIFY AND DELETE ANY AND ALL DATA STORED IN OR TRANSMITTED THROUGH THE SERVICE, INCLUDING YOUR USER DATA, FOR ANY PURPOSE CONSISTENT WITH THESE TERMS, INCLUDING OPERATION, MAINTENANCE, SUPPORT, SECURITY, INVESTIGATION OF SUSPECTED MISUSE, ENFORCEMENT OF THESE TERMS, AND COMPLIANCE WITH LEGAL OBLIGATIONS. You have no expectation of privacy as to the Operator with respect to any User Data, and you should not submit to the Service any information that you do not wish the Operator to access.
5.4 The Operator does not guarantee the retention, backup, integrity or recoverability of any User Data and shall have no liability for any loss, corruption or deletion of User Data.
6.1 You agree to use the Service only for lawful, personal and non-commercial purposes and in compliance with these Terms and all applicable laws and regulations.
6.2 You shall not, and shall not permit any third party to: (a) access or attempt to access any portion of the Service, any account or any data without authorization; (b) interfere with, disrupt, overload or impair the Service, its servers or networks; (c) reverse engineer, decompile, scrape or copy the Service, except to the extent such restriction is prohibited by law; (d) upload or transmit any content that is unlawful, infringing, defamatory, harassing, obscene or otherwise objectionable; (e) use the Service to harm, harass, defraud, impersonate or deceive any person; or (f) use the Service in violation of the rights of any third party, including the terms of use of any third-party website.
6.3 You represent and warrant that you own or have obtained all rights, licenses and permissions necessary to submit any content you submit to the Service, including recipes, photographs, links and other materials, and that such content and its use through the Service do not violate any law or any right of any third party.
7.1 EACH USER IS SOLELY RESPONSIBLE AND LIABLE FOR SUCH USER'S ACCESS TO AND USE OF THE SERVICE, including all content such User submits, shares, modifies or deletes; all family groups such User creates, administers or joins; all persons such User invites; and all acts or omissions undertaken in reliance on the Service or its Information, whether in a store, on a third-party website or otherwise.
7.2 THE OPERATOR SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY MISUSE OR ABUSE OF THE SERVICE, whether by you, by any member of your family group, or by any other User or third party, or for any injury, loss, damage, claim or liability of any kind arising out of or relating to any such misuse or abuse. The Operator has no obligation to monitor, screen or police User conduct or content, but may do so in its sole discretion.
8.1 You agree to defend, indemnify and hold harmless the Operator from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your access to or use or misuse of the Service; (b) any content you submit to the Service; (c) your breach of these Terms or of any representation or warranty herein; (d) your violation of any law or of the rights of any third party; or (e) the acts or omissions of any person who accesses the Service through your account or a family group you administer.
8.2 The Operator reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate with the Operator in asserting any available defenses.
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
9.2 THE OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND GUARANTEES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND SYSTEM INTEGRATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE OPERATOR DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY INFORMATION WILL BE ACCURATE OR RELIABLE, OR THAT ANY DATA WILL BE PRESERVED.
9.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE OPERATOR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, OR FOR ANY COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE OPERATOR FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) TEN U.S. DOLLARS (US $10.00).
10.3 The limitations in this Section 10 apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the Operator's liability shall be limited to the fullest extent permitted by law.
11.1 The Service may display, link to or permit you to import content from third-party websites and services, including recipe websites and retailer websites. Such content is owned by the respective third parties. The Operator does not control, endorse or assume any responsibility for any third-party website, content, product or service, and your use thereof is at your own risk and subject to the terms of such third parties.
12.1 The Operator may, in its sole discretion and without notice or liability, modify, suspend or discontinue the Service or any part thereof, and may suspend, restrict or terminate any account or family group and delete any User Data, at any time and for any reason or no reason.
12.2 You may stop using the Service at any time. Sections 3, 5, 7, 8, 9, 10, 13 and 14, and any other provisions that by their nature should survive, shall survive any termination of these Terms or of your access to the Service.
13.1 The Operator may amend these Terms at any time. When the Terms are amended, the amended version will be identified by a new effective date and version, and you will be required to accept the amended Terms before continuing to use the Service. Your continued use of the Service after accepting amended Terms constitutes your agreement to be bound by them.
14.1 Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without regard to its conflict-of-laws principles. Any action arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in the Commonwealth of Virginia, and you consent to the personal jurisdiction of and venue in such courts.
14.2 Severability. If any provision of these Terms is held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.
14.3 No Waiver. The Operator's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment. You may not assign or transfer these Terms or any rights hereunder without the Operator's prior written consent. The Operator may assign these Terms without restriction.
14.5 Entire Agreement. These Terms constitute the entire agreement between you and the Operator with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
14.6 Headings. Section headings are for convenience only and shall have no legal effect.