Terms and Conditions for WeCanApp

Welcome to WeCanApp ("Platform"), a social media service operated by WeCanApp ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our Platform, including the ability to upload, license, and download images, sound recordings, and videos, and make payments via Apple Pay or Google Pay. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

1. Acceptance of Terms By creating an account or using the Platform, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. These Terms apply to all users, including content creators, buyers, and visitors, in the United States and the Philippines.
2. Eligibility

• You must be at least 13 years old to create an account or use the Platform, as required by the Children’s Online Privacy Protection Act (COPPA) in the United States and similar regulations in the Philippines.
• Users under 18 (or the age of majority in their jurisdiction) must have parental or guardian consent to use the Platform. In the Philippines, users under 18 are subject to the Data Privacy Act of 2012 (RA No. 10173), which requires consent for processing personal data.
• If we determine that a user is under 13, we will terminate their account and delete their personal data, except as required to provide access to their data for 90 days posttermination, per U.S. law.
• In certain U.S. states (e.g., Florida), users aged 14–15 require parental consent, and users under 14 are prohibited from creating accounts.

• The Platform is available to users in all 50 U.S. states and the Philippines. You are responsible for ensuring your use complies with local laws in your jurisdiction.
• In the Philippines, users must comply with the Data Privacy Act of 2012 and the Cybercrime Prevention Act of 2012 (RA No. 10175) regarding privacy and online conduct.

• To use the Platform, you must create an account using accurate information, including your age and, where required, a valid phone number (per the Philippines’ SIM Registration Act, RA No. 11934, if applicable).
• You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
• You must notify us immediately if you suspect unauthorized use of your account.

• Users aged 13–17 must provide verifiable parental or guardian consent, which may be requested via email, a signed form, or other methods compliant with COPPA and state laws (e.g., Florida HB 3, Georgia SB 351).
• Parents or guardians may revoke consent at any time by contacting us, which may result in account suspension or deletion.

• You retain ownership of the images and videos you upload ("Content") but grant WeCanApp a non-exclusive, worldwide, royalty-free, transferable license to host, display, and distribute your Content on the Platform for the purpose of operating the service and enabling licensing to other users.
• By uploading Content, you represent and warrant that: (i) you own all rights to the Content or have permission from any person(s) appearing in it; (ii) the Content does not infringe on third-party rights or violate any law; and (iii) you have obtained necessary consents for Content involving minors.

• You may offer your Content for licensing to other users for a fee, subject to terms you set within the Platform’s guidelines.
• When another user purchases a license to your Content, you grant them a non-exclusive, worldwide license to use, download, and, where specified, modify the Content for personal or commercial use, as per the license terms selected.
• WeCanApp may collect a commission or service fee on each license transaction, as outlined in our Pricing Policy.

• You may not upload Content that: (i) is defamatory, obscene, or pornographic; (ii) violates privacy or intellectual property rights; (iii) involves minors without proper consent; or (iv) is otherwise unlawful under U.S. or Philippine law, including the AntiPhoto and Video Voyeurism Act of 2009 (RA No. 9995) in the Philippines.
• We reserve the right to remove or suspend Content that violates these Terms or applicable laws.

• Payments for licensing Content are processed via Apple Pay or Google Pay, subject to their respective terms and conditions.
• You are responsible for ensuring your payment method complies with Apple or Google Pay agreements. Organizers of Family Sharing accounts (where applicable) are responsible for transactions initiated by family members.
• We may suspend or cancel payments or refuse refunds if we detect fraud, abuse, or unlawful behavior.

• You are responsible for any taxes applicable to earnings from licensing your Content, in accordance with U.S. federal and state tax laws or Philippine tax regulations.
• WeCanApp is not responsible for currency conversion fees or other charges imposed by Apple Pay, Google Pay, or your financial institution.

• We collect and process personal data as described in our Privacy Policy, in compliance with COPPA, the California Consumer Privacy Act (CCPA), and the Philippines’ Data Privacy Act of 2012.
• Users under 13 are prohibited from providing personal data without parental consent. Users aged 13–17 require parental consent for data processing.

• Sharing private images, videos, or conversations without consent may violate the Philippines’ Data Privacy Act or Anti-Photo and Video Voyeurism Act, leading to civil or criminal penalties.
• You may report unauthorized Content to us for removal and, in the Philippines, file complaints with the National Privacy Commission (NPC) or Philippine National Police (PNP) Cybercrime Division.

• Unauthorized use of copyrighted material (e.g., images, videos, music) is prohibited and may result in account suspension or legal action under the U.S. Copyright Act or the Philippines’ Intellectual Property Code.
• If you believe your intellectual property rights have been violated, please contact us to initiate a takedown request.

• The Platform complies with federal laws, including COPPA, the Communications Decency Act (CDA), and state laws like Florida HB 3, which restricts social media access for users under 14 and requires parental consent for 14–15-year-olds.
• Some states (e.g., Utah, Arkansas) impose restrictions on “addictive” features like infinite scrolling. We have implemented default settings to limit such features for users under 18.

• Users in the Philippines must adhere to the Cybercrime Prevention Act (RA No. 10175), which prohibits cyber libel, hacking, and identity theft, and the Anti-Wiretapping Law (RA No. 4200) for unauthorized recording of private communications.
• The SIM Registration Act (RA No. 11934) may require users to register accounts with legal names and phone numbers, though social media provisions were removed from the final law.

• We may suspend or terminate your account for violating these Terms, including uploading prohibited Content, engaging in fraudulent payment activities, or misrepresenting your age.
• Upon termination, you may request a copy of your personal data within 90 days, subject to technical feasibility and licensing agreements.

• To the maximum extent permitted by law, WeCanApp and Andrew Kutches are not liable for any indirect, incidental, or consequential damages arising from your use of the Platform, including loss of data, profits, or business opportunities.
• In the Philippines, liability is subject to the Civil Code and Data Privacy Act provisions for damages caused by privacy violations.

• These Terms are governed by the laws of Vermont, United States, for U.S. users, and the laws of the Philippines for Philippine users, without regard to conflict of law principles.
• Any disputes will be resolved through binding arbitration in Barre, Vermont, except where legal action is required under Philippine law (e.g., cybercrime complaints with the PNP).

• We may update these Terms periodically. We will notify you of material changes via email or Platform notification. Continued use after changes constitutes acceptance of the updated Terms.

• For questions, complaints, or to report violations, contact us at admin@wecanapp.com or WeCanApp, 77 Woodland Dr., Barre, Vermont 05641.
• In the Philippines, privacy-related complaints can also be filed with the National Privacy Commission (www.privacy.gov.ph).