These Terms & Conditions (“Terms”) govern access to and use of the websites, platform, mobile applications, browser extension, and related services provided by Witlingo, Inc. (“Witlingo,” “we,” “us,” or “our”), collectively the “Services.”
By affirmatively accepting these Terms or entering into an order that incorporates them, you agree to be bound by them. If you accept on behalf of an organization, you represent that you have authority to bind that organization.
A “Customer” is an organization or individual subscribing to the Services. “Authorized Users” are individuals the Customer permits to access the Services, including staff members, administrators, residents, participants, and designated contacts.
Customers are responsible for administering their accounts and assigning appropriate permissions. Authorized Users must use the Services within the authority granted to them.
Residents and other recipients do not become responsible for a Customer’s subscription fees, indemnification obligations, or organizational compliance duties merely by receiving or responding to communications.
A signed agreement between Witlingo and a Customer controls over these Terms where the documents conflict.
Unless a signed agreement provides otherwise:
Our Privacy Policy explains our handling of personal information. Nothing in these Terms authorizes uses of personal information inconsistent with that policy or reduces protections required by applicable law.
Subject to these Terms and the applicable subscription, Witlingo grants Customers and Authorized Users a limited, nonexclusive right to access and use the Services for authorized organizational and personal participation purposes.
Customers may use the Services to communicate with residents and participants, manage engagement activities, administer workflows, and perform other supported functions within their subscriptions.
Customers may not resell or sublicense access to the Services without Witlingo’s written agreement. This restriction does not prevent a Customer from using the Services across properties, communities, or organizational units covered by its subscription.
Customers and Authorized Users must provide accurate account information, safeguard credentials, and promptly report suspected unauthorized access.
Customers must maintain appropriate access permissions, remove access when personnel leave or change roles, and use available security controls appropriate to their operations.
Witlingo is responsible for protecting the systems it operates and maintaining reasonable administrative, technical, and organizational safeguards. Customers are responsible for the security of devices, networks, and systems under their control.
A Customer is not automatically responsible for unauthorized activity caused by Witlingo’s breach of its obligations. Responsibility will depend on the circumstances and applicable agreement.
“Customer Content” includes information, messages, recordings, documents, images, contact lists, responses, and other materials submitted to or generated for a Customer through the Services.
As between Witlingo and the Customer, the Customer and applicable individuals retain their existing ownership rights in Customer Content. These Terms do not transfer ownership of resident stories, recordings, documents, or other submitted materials to Witlingo.
The Customer grants Witlingo a limited right to host, process, transmit, reproduce, and display Customer Content solely as necessary to provide, secure, and support the Services, follow authorized instructions, and satisfy applicable legal obligations.
Witlingo may permit its service providers to perform those functions subject to appropriate confidentiality, security, and use restrictions. This permission ends when the information is deleted, except to the extent limited retention is permitted under the applicable agreement and Privacy Policy.
Customers are responsible for having the rights and authority necessary to submit Customer Content and direct its processing.
Witlingo processes personal information in accordance with its Privacy Policy, applicable data processing agreements, and authorized customer instructions.
We do not sell customer or resident personal information, use it for targeted advertising, or use Customer Content to train general-purpose AI models. We do not permit providers processing Customer Content on our behalf to use it for those purposes.
Each party will protect the other party’s nonpublic business, technical, security, and operational information using reasonable care and will use it only to perform or exercise rights under the agreement.
Confidential information may be disclosed to personnel, advisers, and service providers who need access and are subject to appropriate confidentiality obligations, or where disclosure is legally required.
Confidentiality obligations do not apply to information lawfully known without restriction, independently developed, lawfully received from another source, or made public without a breach of duty.
For public-sector Customers, disclosure obligations remain subject to applicable public-records laws. Where legally permitted, the receiving party will provide notice before a compelled disclosure.
Customers and Authorized Users must not:
Private information may be processed through authorized private features. Customers and users must take care not to publish such information through public webpages, bulletin boards, or other public features.
Customers determine the recipients, content, timing, and purpose of communications sent through their accounts.
Customers are responsible for obtaining and documenting any permissions or consents required for their communications, keeping contact information reasonably current, and ensuring that their instructions comply with applicable communications laws.
Witlingo will provide and operate the consent-management and opt-out functions included in the Services and honor requests it receives as required by applicable law. Customers must promptly communicate requests they receive and must not circumvent suppression controls or re-enroll recipients without appropriate authorization.
Message frequency varies according to the Customer’s use. Carrier message and data charges may apply to recipients.
Receiving an organizational communication does not authorize unrelated marketing to the recipient.
The Services may provide delivery reports, timestamps, responses, acknowledgments, reminders, and other records that support communication and operational workflows.
These records describe events reported by the platform or its providers. A transmission or delivery status does not necessarily establish that the intended person received, read, understood, or legally accepted a communication.
Customers remain responsible for determining whether a communication satisfies applicable notice, service, consent, accessibility, language, recordkeeping, and timing requirements.
Unless expressly agreed in writing, Witlingo does not certify that a particular communication constitutes legally sufficient service of a notice.
Customers should verify critical deadlines and delivery outcomes and use additional methods where required. Reminders and delivery reports support those responsibilities but do not replace them.
The Services may support urgent organizational communications but are not a substitute for emergency services, emergency response systems, or legally required safety procedures.
Do not use Witlingo as the sole method of communicating information where delayed or failed delivery could create an immediate risk of death or serious injury.
Customers must maintain appropriate alternative communication and response procedures. Individuals experiencing an emergency should contact the appropriate emergency service.
Certain features use artificial intelligence, automated translation, speech recognition, or related technologies.
Outputs may be inaccurate, incomplete, or unsuitable for a particular purpose. Customers and users must apply appropriate human review before relying on outputs for important communications or decisions.
The Services do not independently determine housing eligibility, benefits eligibility, tenancy status, medical treatment, or other consequential outcomes. Customers must not use AI output as the sole basis for such decisions.
Witlingo processes inputs and outputs subject to the confidentiality and privacy commitments described in these Terms and the Privacy Policy.
As between Witlingo and the Customer, and to the extent permitted by law and applicable third-party rights, the Customer may use outputs generated for it through the Services. Witlingo does not guarantee that AI outputs are unique or eligible for intellectual property protection.
Customers must limit submissions to information appropriate and necessary for authorized uses.
Social Security numbers, financial account credentials, medical records, and similarly sensitive information may be submitted only where Witlingo has expressly approved the use and appropriate safeguards and contractual arrangements are in place.
Protected health information may be processed only under an approved arrangement that includes any required business associate agreement.
A relationship between Witlingo and a hosting provider does not, by itself, authorize a Customer to submit protected health information or establish the Customer’s compliance.
The applicable order form identifies the Services purchased, subscription term, fees, billing frequency, and included usage.
Additional usage charges apply only where their rates and calculation methods have been disclosed and accepted in advance.
Unless an order form states otherwise, invoices are due within 30 days. Customers must notify Witlingo of a good-faith billing dispute promptly and pay undisputed amounts when due. The parties will work reasonably to resolve disputed charges.
Customers are responsible for applicable transaction taxes, excluding taxes on Witlingo’s income.
Witlingo will provide notice and a reasonable opportunity to resolve overdue undisputed amounts before suspending service.
Subscriptions renew automatically only where the applicable order form expressly provides for automatic renewal and identifies the renewal period and cancellation procedure.
Witlingo will provide at least 30 days’ advance notice of renewal pricing changes. Where a nonrenewal deadline applies, notice will be provided sufficiently in advance to allow the Customer to decline renewal.
Pricing changes do not take effect during a committed subscription term unless expressly agreed.
Customers may cancel future renewal through the procedure stated in their order form or by written notice to Witlingo. Cancellation does not eliminate payment obligations for the current committed term.
Fees are nonrefundable except as expressly provided in these Terms, the applicable agreement, or applicable law.
Witlingo will provide the Services with reasonable skill and care and in material conformity with the applicable documentation and order form.
We will maintain reasonable support procedures and make commercially reasonable efforts to address reported material defects.
If Witlingo materially fails to meet these commitments, the Customer must notify us and provide a reasonable opportunity to correct the failure. If we cannot correct it within 30 days, the Customer may terminate the affected Services and receive a proportional refund of prepaid fees for the unused period.
Specific uptime commitments, support response times, and service credits apply only where stated in a service-level agreement.
We may improve and update the Services. During a paid subscription term, we will not materially reduce the core functionality purchased by a Customer without providing a reasonably equivalent alternative or an appropriate termination and refund option.
Where practicable, we will provide advance notice of material changes or planned maintenance likely to affect use.
The Services depend in part on carriers, internet providers, devices, and third-party systems. Their availability and actions may affect delivery or functionality.
Witlingo remains responsible for its own obligations and for managing providers it engages. Independently selected third-party integrations may be governed by their own terms.
Witlingo may suspend affected access where reasonably necessary to address a material security threat, unlawful activity, material breach, or overdue undisputed fees.
Suspension will be proportionate to the issue. Where practicable, we will provide advance notice and an opportunity to resolve it.
We may act immediately where delay would create a material security, legal, or operational risk. We will explain the action as soon as reasonably possible and restore access promptly when the grounds for suspension are resolved.
Either party may terminate the affected agreement if the other materially breaches it and does not remedy the breach within 30 days after written notice, except where the breach cannot reasonably be remedied.
Customers may also terminate where these Terms or a signed agreement expressly provide that right.
Witlingo may discontinue a subscription service for convenience at the end of the current term with at least 60 days’ notice. If we discontinue purchased Services during a committed term for reasons other than the Customer’s breach, we will refund prepaid fees for the unused portion.
Termination does not affect accrued payment obligations or provisions intended to survive, including confidentiality, ownership, liability, and dispute provisions.
Following termination, Customers have 30 days to request an export of their Customer Content in a reasonably usable, commonly available format.
Witlingo will provide a standard export without an additional export fee. Custom migration or transformation work requires a separate agreement.
Unless otherwise instructed or agreed, remaining customer personal information will be deleted or de-identified from active systems within 90 days after termination. Protected backup copies ordinarily expire within an additional 90 days.
Information retained for legal obligations, disputes, or security purposes remains protected and is not used for unrelated purposes.
These procedures are subject to applicable law and any controlling data processing agreement.
Witlingo and its licensors retain ownership of the Services, including software, designs, documentation, trademarks, and underlying technology. Customer Content remains subject to Section 5.
Customers may provide suggestions voluntarily. Witlingo may use those suggestions to improve its Services without compensation, but this permission does not authorize disclosure of confidential information or use of Customer Content beyond these Terms.
You may share links to publicly available Witlingo pages, provided you do not misrepresent affiliation, imply an unauthorized endorsement, or use Witlingo’s marks misleadingly.
Witlingo will not use a Customer’s name, logo, testimonial, or resident content in marketing without prior permission.
Each party represents that it has authority to enter into and perform the applicable agreement.
Except for the express commitments in these Terms or a signed agreement, and to the extent permitted by law, the Services are provided without additional warranties, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
Witlingo does not warrant uninterrupted or error-free operation, delivery of every communication, or accuracy of every third-party or AI-generated item.
These disclaimers do not eliminate Witlingo’s express security, confidentiality, privacy, or service-performance obligations.
Witlingo will defend a Customer against a third-party claim that the authorized use of the Services infringes a United States patent, copyright, or trademark, and will pay damages and settlements resulting from that claim.
This obligation excludes claims arising from Customer Content, unauthorized modifications, or combinations not supplied or authorized by Witlingo where the claim would not otherwise arise.
If a claim appears likely, Witlingo may obtain continued usage rights, modify or replace the affected functionality with a materially equivalent alternative, or terminate the affected Services and refund unused prepaid fees.
To the extent permitted by law, a Customer will defend Witlingo against third-party claims arising from the Customer’s unlawful content or knowing use of the Services in violation of communications laws, and pay resulting damages and settlements. This obligation does not apply to the extent a claim results from Witlingo’s conduct.
The party seeking protection must promptly notify the other, provide reasonable cooperation at the defending party’s expense, and allow control of the defense. A settlement may not impose an admission, nonmonetary obligation, or unreimbursed payment on the protected party without its consent.
To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, arising from the Services.
Except as provided below, each party’s total liability arising from the affected agreement will not exceed the fees paid or payable for the affected Services during the 12 months preceding the event giving rise to the claim.
For a party’s breach of confidentiality or Witlingo’s breach of its data protection or security obligations, the aggregate limit is three times that amount. Reasonable, necessary incident investigation, restoration, and legally required notification costs arising from such a breach are treated as direct damages.
These exclusions and limits do not apply to fraud, willful misconduct, gross negligence, liability that cannot lawfully be limited, or obligations under Section 22. The liability cap does not excuse payment of properly due subscription fees.
Amounts cannot be recovered more than once for the same loss.
For a government entity or public authority, these Terms apply only to the extent permitted by the laws governing that entity.
Nothing in these Terms requires an unlawful indemnification, waiver of immunity, commitment of unappropriated funds, or submission to a prohibited governing law or forum.
Mandatory procurement requirements and expressly agreed public-sector contract provisions control where applicable.
Unless a signed agreement or mandatory law provides otherwise, these Terms are governed by the laws of the Commonwealth of Virginia, excluding its conflict-of-law rules.
The parties will first attempt in good faith to resolve disputes through representatives with authority to settle them. If unresolved after 30 days following written notice, either party may pursue available remedies in the state or federal courts located in Virginia, subject to applicable jurisdictional requirements.
Either party may seek urgent court relief where necessary to protect confidential information, intellectual property, or personal information.
These Terms do not require mandatory arbitration or waive rights that applicable law prohibits waiving.
Neither party is responsible for delay caused by events beyond its reasonable control, provided it takes reasonable steps to reduce the impact and resume performance.
This provision does not excuse reasonable continuity planning, security safeguards, or payment for Services already provided.
If such an event substantially prevents delivery of the affected Services for more than 30 consecutive days, either party may terminate them. Witlingo will refund prepaid fees attributable to the period after termination.
Witlingo will provide at least 30 days’ notice of material changes through appropriate account communications and a notice on its website.
For Customers in a committed subscription term, material changes take effect at renewal unless agreed earlier or required by law. Necessary legal or security changes may take effect sooner, with notice explaining the circumstances.
Changes do not retroactively alter accrued rights or expand permitted uses of previously collected personal information.
Where acceptance is required, Witlingo will obtain it through an appropriate acceptance process.
These Terms and the applicable customer agreements constitute the agreement concerning the Services and replace prior understandings on the same subject.
Neither party may assign its agreement without the other’s consent, except to a successor in a merger, reorganization, or sale of substantially all relevant assets that assumes the agreement. Assignment does not reduce applicable privacy or confidentiality protections.
If a provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver of future enforcement.
The parties are independent contractors. These Terms do not create a partnership, employment relationship, or general agency relationship.
For questions about these Terms, use the Contact Us form at witlingo.com and identify the message as a Terms or Contract Inquiry.
Contractual notices must be sent to the contacts designated in the applicable customer agreement. If no contact is designated, notices may be sent through the established account correspondence channel, with acknowledgment of receipt requested.
Witlingo will send account and contractual notices to the Customer’s designated administrative contact. Customers are responsible for keeping that contact information current.
This policy was last updated on October 5, 2026.