Terms of Use

Welcome to What's the Sign? (“WTS”, or this “Platform”), website and mobile applications, including any associated websites, domains, other media properties and applications, owned, managed or operated by Purple Moontower, LLC dba What’s the Sign? (“we”, “us” or “our”). These Terms of Use and the Privacy Policy apply to visitors, users and others who access this Platform. These Terms of Use explain the terms by which you may use our Platform and our services. By accessing or using the Platform, you signify that you have read, understood, and agree to be bound by these Terms of Use (“Terms of Use”) whether or not you have registered to create an account. These Terms of Use and our Privacy Policy create the terms of your and our agreement whenever you use this Platform.

Please read these Terms of Use carefully before you start to use this Platform. By accessing or using this Platform and/or purchasing a subscription or by uploading content to our Platform in accordance with these Terms of Use or otherwise, you agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use this Platform.

Restrictions on Use
This Platform Terms of Use is effective as of October 8, 2024, and through your continued use of Platform after this date, you agree to this updated Terms of Use.

We at Purple Moontower, LLC dba What’s the Sign? (“What’s the Sign?”, “WTS”, “we”, “us”, or “our”) created these terms of use (“Terms of Use”) because we know that you (“user”) care about making sure the WTS website and applications (the “Services”) are used properly. The term “you”, “You”, “User” or “Users” shall refer to Users, or any other person or entity who views, uses, accesses or submits any content to this Platform.

Updates to Terms of Use
As technology, business practices and our users’ needs evolve, we continue to expand, improve and diversify our products. This means that Terms of Use will continue to be updated over time. We reserve the right to make changes to the Terms of Use, at any time, with or without providing notice to you. Please check the Terms of Use for updates by checking the date on top of this document.

This Agreement
By using the Service, you accept this agreement and you agree to be bound by it. If you do not agree to this agreement, please do not use the Service.

Competitors: You may not access or use the WTS Service if you are our direct competitor, except with our prior consent. Please contact us at hello@whatsthesign.com if you are interested in reviewing our materials.

Minors: If you are under 18 (“minor”) or 13 or under (“child”), or an educational institution, parent or caretaker of a minor or a child, please see the Privacy Policy for an extensive section on minors and children using WTS Service.

Use of Service
The WTS Services and any content viewed through the Platform is solely for your personal and non-commercial use. With a subscription, we grant you a limited, non-exclusive, non-transferable license to access the WTS content and view content through the Service on a streaming only basis for that purpose. Except for that limited license, no other right title or interest shall be transferred to you. WTS may revoke Users’ license at any time in its sole discretion.

Intellectual Property Rights
Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, International copyright laws, and international conventions. The Content and the Marks are provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, the Content and the Marks.

Registration
In order to gain access to and use any features of the WTS Service, you are required to register for an account with your first name, last name, email address, and password (“Account”).

You agree that the information you provide with your registration will be current, complete and accurate. You agree not to permit any third party to use your login information to access your account or the WTS Service. You are responsible for your conduct as you use the Service. You agree that you shall not have more than one account at any given time. You may not reproduce any text, videos, or portions of a dictionary entry for use outside of the WTS Service. You may not link to or frame the WTS Service in a way that is unlawful, defamatory, abusive, threatening, harmful, profane or offensive. You agree that we may suspend or terminate your account to WTS with or without notice and for any reason, including breaching the Terms of Use. You agree not to create an Account or use the WTS Service if you have been previously removed by WTS.

Restrictions on Use
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

In registering for your WTS Account, you may not:

• Disassemble, decompile, reverse engineer, or modify the digital content;
• Examine the digital content with debugging, memory inspection, or disk inspection tools;
• Transmit an electronic copy of the digital content by any means that is not expressly authorized under this Agreement;
• Download, copy and paste, screenshot or screenrecord the digital content or any portion thereof and upload or transmit it to a new location;
• Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user emails;
• Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein;
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
• Use any information obtained from the Service in order to harass, abuse, or harm another person;
• Make improper use of our support services or submit false reports of abuse of misconduct;
• Use the Service in a manner inconsistent with any applicable laws or regulations;
• Engage in unauthorized framing of or linking to the Service;
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service;
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• Delete the copyright or other proprietary rights notice from any Content;
• Attempt to impersonate another user or person or use the username of another user;
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to “spyware” or “passive collection mechanisms” or “pcms”);
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you;
• Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
• Use a buying agent or purchasing agent to make purchases on the Service;
• Make any unauthorized use of the Service, including collection usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Or use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise, or to create a curriculum, textbook, software, or other derivative work.

User Generated Contributions
The Service does not offer users to submit or post content. We may provide you with the opportunity to submit materials to use or on the Service, including but not limited to text, writings, video, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Service and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Service Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Service in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Service.

Contribution License
You and the Service agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Service, you agree that we can use and share such feedback for any purpose without compensation to you.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Service Management
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

Billing Policies
The Content is provided to Users for a subscription fee, either monthly or yearly as determined by the User. If you sign up for a subscription, you agree to the pricing and payment terms. The subscription fees are billed in advance and are considered pre-paid fees.

Subscription and Termination Policy
Any User who wishes to subscribe to a Service shall be required to select a payment plan and shall pay for such payment plan through the Apple Store, Google Store, or Stripe (Apple Store, Google Store, and Stripe, the “third party processors” and any such account a User has, an “External Account”). To the extent that you provide any third-party processor with information regarding your credit card or other payment instruction, you represent and warrant that such information is true and that it is authorized to use the payment instruction. You will promptly update your account information with any applicable changes in accordance with this Terms of Use. You hereby authorize WTS to cause third party processors to bill your payment instrument in accordance with the terms of the applicable payment plan (including applicable taxes) until you terminate your account. We reserve the right to change WTS's Service prices. Continued use of the Service after the change in price becomes effective constitutes your agreement to pay the changed amount. Any dispute in charges must be submitted to WTS within 60 days of such charge. You will be responsible for all taxes associated with the Services other than US taxes based on WTS's net income.

If you select a Service with an auto renewing subscription (“Renewing Subscription”), you authorize WTS to maintain your account information and charge your account automatically upon the renewal of service with no further action by you.

In the event that WTS is unable to charge your account as authorized by you, WTS, may, in its discretion (i) bill you and suspend service until payment is received, and/or (ii) seek to update account information through third party sources (bank or payment processor) to continue charging your account in accordance with subscription.

Prices for Renewing Subscriptions may change from time to time. WTS will communicate any price changes in advance. Such price changes will automatically become effective at the start of the next subscription period. As permitted by local law, you accept the new price by continuing to use the Renewing Subscription after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by canceling your Renewing Subscription before the price change goes into effect.

You may cancel a subscription at any time, but payments previously made are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, you will continue to have access to the Services until the end of your current subscription period.

Cancel a Subscription
If you do not want your subscription to renew automatically or if you want to change or terminate your subscription you must log into your External Account and follow instructions for how to manage or cancel your subscription even if you have deleted your account with us or the application otherwise.

To cancel a subscription made via your Apple ID, go to Settings > ITunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your WTS subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.

To cancel a subscription made via Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your WTS subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com.

You can unsubscribe or cancel a subscription by contacting hello@whatsthesign.com to cancel or by going to Accounts > Delete Account.

Pricing Errors/Corrections or Other Problems
We strive to present accurate and current information about our services and subscriptions. However, this platform may occasionally contain errors in descriptions, pricing, promotions, offers, or availability. We reserve the right to correct such errors or update information at any time without prior notice. If a subscription is listed at an incorrect price, we may refuse or cancel orders, even if confirmed and payment processed. In such cases, we will refund the incorrect amount to your original payment method.

Additionally, we will attempt to contact you if there are issues with your payment information. If fraud is suspected, we may inform law enforcement as required. You represent that the payment information provided is accurate and that you are authorized to use it.

WTS makes no warranties regarding the accuracy of recipes on the platform. Please report any errors to hello@whatsthesign.com.

Acknowledgement
WTS is affiliated with TRUE+WAY ASL. The content of the dictionary on WTS is similar to the What’s the Sign? Dictionary link provided inside the TWA textbook. If you are already a TWA subscriber, you have access to the WTS product inside your TWA textbook. As a subscriber, you can subscribe to both products.

You acknowledge that this agreement is between you and Purple Moontower, LLC, not Apple, Google, or Stripe. Apple, Google, and Stripe are not responsible for the app or its content. Apple, Google, and Stripe are third-party beneficiaries of this agreement, and upon your acceptance of these terms, they will have the right to enforce this agreement against you as third-party beneficiaries.

USER ACKNOWLEDGES AND AGREES THAT THE DIGITAL PRODUCT AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND LICENSOR DOES NOT MAKE ANY AND HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL PURPLE MOONTOWER, LLC BE LIABLE FOR LOSS OF PROFITS OR FOR INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF WTS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. WTS’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE MATERIAL IN THE FILES OR IN THE DOCUMENTATION IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE LICENSED COPYRIGHTED PRODUCT. THIS AGREEMENT DEFINES YOUR SOLE REMEDY.

General Provisions
This agreement and any dispute that arises thereof shall be interpreted and controlled by the laws of the State of Texas. This agreement contains the entire agreement between you and WTS concerning the license to use the material in the digital content. The waiver of any breach of any provision of this agreement does not waive any other breach of that or any other provision. If any provision is for any reason found to be unenforceable, all other provisions nonetheless remain enforceable.

Important Notice to Users Outside the United States
The Products and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information through the Services, you consent to this transfer.

Changes to This Terms of Use
This Terms of Use is effective as of the date stated at the top of this Terms of Use. We may change this Terms of Use from time to time and will post any changes on the Service as soon as they go into effect. By accessing the Service after we make any such changes to this Terms of Use, you are deemed to have accepted such changes. Please refer back to this Terms of Use on a regular basis.

How to Contact Us
If you have questions about this Terms of Use, please email us at hello@whatsthesign.com with “TERMS OF USE” in the subject line, or mail us at the following address: Purple Moontower, 2028 East Ben White Blvd, #240-1157, Austin, Texas 78741.