wiewWHERE INFORMATION EQUALS WINS

Terms of Use

These Terms of Use are an agreement between you and Costace LLC, a Massachusetts limited liability company (company number 001952451) that operates the Wiew product ("Wiew", "we", "us"). They govern the Wiew mobile apps, the thewiew.com website, and every feature, tool and service offered through them (together, the "Services"). By creating an account, or by using the Services, you agree to these terms. If you use the Services for a business or other organisation, you agree on its behalf and you promise that you have authority to bind it. If you do not agree, do not use the Services.

Two sections deserve your attention before anything else. Section 8 explains that Wiew provides information, not professional advice: estimates are not appraisals, and zoning views are not permits. Section 35 contains a binding arbitration provision and a class action waiver that affect how disputes between you and Wiew are resolved, and a 30 day window to opt out of it.

Part A · The agreement

1. Who we are and how this agreement forms

Wiew is operated by Costace LLC from Massachusetts, USA. This agreement forms when you first create an account or use the Services, whichever happens first, and it continues until your account is closed and any surviving sections have run their course. You can always read the current version at thewiew.com/terms.html.

2. The documents that make up the agreement

These terms incorporate the following documents by reference. Together they are the entire agreement between you and Wiew about the Services:

• The Privacy Policy (thewiew.com/privacy.html), which governs how personal information is collected, used and deleted.
• The AI Policy (thewiew.com/ai-policy.html), which explains where Wiew uses modelling and automation and the rules we hold ourselves to.
• Any product-specific or feature-specific terms we present to you when you first use a particular product (for example paid business tools, or programmes for municipalities). If a product-specific term conflicts with these terms, the product-specific term controls for that product.

Our Safety page and Help pages are guidance, not contract terms, but the conduct rules referenced from them are enforced under Section 29.

3. Definitions

• "Services": the Wiew mobile apps, thewiew.com, and everything offered through them.
• "Household": a person using the Services in a personal capacity, to research, buy, own, improve, rent or sell property for themselves.
• "Professional": a person or business using business features of the Services to offer, promote or provide services to others.
• "Business Account": an account, or capabilities added to an account, giving access to Professional features, some of which are paid.
• "Content": text, images, photos, video, data, listings, profiles, messages, reviews, offers, articles and any other material on the Services.
• "Your Content": Content you submit to the Services.
• "Wiew Content": the Services’ own software, design, text, graphics, scores, estimates, analyses and compiled data.
• "Estimates": modelled figures produced by the Services, including value, rent, income, fit and buildable-area outputs.
• "Campaign": a paid promotion product available to Business Accounts.
• "Fees": any amount charged by Wiew for the Services.

Part B · Your account

4. Eligibility

• You must be at least 18 years old and able to form a binding contract.
• You may not use the Services if you are barred from receiving them under applicable law, including sanctions and export-control law.
• You may not use the Services if we previously terminated your account for violating these terms, unless we tell you in writing that you may return.
• The Services are intended for use in the United States and are operated from Massachusetts. We make no promise that they are appropriate or available anywhere else, and we may restrict availability by person, geography or jurisdiction where we have reason to.

5. Your account

• Provide accurate information when you register and keep it current. Use the identity you use in everyday life; a Professional must identify their business truthfully.
• One account per person. Business capabilities attach to your account rather than requiring a second identity. Do not create additional accounts, and do not operate an account for someone else, without our written permission.
• Keep your credentials secret. You are responsible for everything done through your account, and you must tell us immediately at support@thewiew.com if you believe it has been accessed without your permission.
• Accounts may not be sold, transferred or shared.
• If you sign in through a third-party identity provider, that provider’s terms also govern your use of their sign-in service.
• We may reclaim or change an account name, handle or business name where someone else has a legitimate claim to it or where it is misleading.

6. Communications and electronic records

• We send service communications (receipts, security notices, changes to terms, responses to your requests) to the contact details on your account. You cannot opt out of these while you hold an account.
• Marketing communications are sent only with your consent, and consent is never a condition of buying anything. You can withdraw it at any time in settings or by using the unsubscribe or stop mechanism in the message.
• Text messages. If you opt in to marketing texts, you consent to receive recurring marketing and promotional messages at the number you provided, sent with automated technology through our messaging delivery provider. Consent is not a condition of any purchase. Message frequency varies, and message and data rates may apply. Reply STOP to any message to opt out, or HELP for help; you can also opt out in settings. We keep a record of your consent and your opt-out. Mobile carriers are not liable for delayed or undelivered messages.
• Messages you exchange with other users through the Services are stored, and may be reviewed by us, to provide support, keep the Services safe, investigate violations of these terms, and comply with law, as described in the Privacy Policy and to the extent applicable law permits.
• You consent to receive agreements, notices and records from us electronically, and electronic delivery satisfies any requirement that a communication be in writing. You may withdraw this consent by writing to support@thewiew.com; withdrawing consent may mean some features cannot be provided.

Part C · The product and its limits

7. What Wiew provides

Wiew turns public records and licensed data into property analysis a household can act on: values and history, zoning and buildable-area views, mapped constraints, rent and income figures, and scores that measure a property against goals you enter. Wiew also operates a marketplace where Households and Professionals find each other, tools for selling a property, and a free library of educational content.

• Core consumer features are free. Some Professional features require payment under Section 24.
• The Services may show clearly labelled sponsored content from Professionals. We do not sell your personal data to anyone, and we do not use a Household’s name or photo to promote sponsored content.
• We may add, change, suspend or discontinue features at any time. If a change materially reduces a paid feature during a period you have already paid for, you can reach out to request a part refund and we will provide available remedies by law and by the app store through which you bought it.

8. What Wiew is, and is not

Wiew provides information, not professional advice. Estimates are modelled figures shown as ranges with their dates. They are not appraisals, and they are not valuations for lending, tax, insurance or legal purposes. Zoning, buildable-area and constraint outputs are computed readings of public rules and maps; they are not legal determinations, not surveys, not permits, and not a promise that a project is allowed. Rent and income figures are models, not promises of what you will earn. Nothing in the Services is legal, tax, investment, insurance or financial advice, and nothing in the Services creates a broker, agency, advisory or fiduciary relationship. Costace LLC is not a real-estate brokerage, not a licensed appraiser, and not a lender. Decisions you make, and their consequences, are yours: verify independently with the municipality and licensed professionals before you commit money.

Wiew is also not an emergency service. If a person or a property is in danger, contact your local emergency number, utility or building department first.

9. Property information, estimates and corrections

• Property information in the Services is derived from public records and licensed third-party sources, combined with our own analysis. Figures are labelled with what kind of number they are and the date they reflect.
• Public records contain errors, assessment cycles lag the market, and models are wrong sometimes. We do not warrant that any figure, boundary, zoning designation or record in the Services is accurate, complete or current, and we have no obligation to update or correct any particular record, although we welcome reports at support@thewiew.com.
• If the underlying public record about your property is wrong, the authority that maintains that record (for example your municipal assessor) is the place to correct it at source.
• Map tiles, aerial and street imagery are provided by third-party providers and are subject to their terms under Section 30.

10. Financing tools

• Affordability and borrowing-power tools compute figures from information you enter. Their outputs are educational. They are not offers of credit, not loan applications, not prequalifications or preapprovals, not credit decisions, and not Loan Estimates or disclosures under the Truth in Lending Act, the Real Estate Settlement Procedures Act, or any other law.
• If you share a borrowing-power card or similar output, you are sharing a figure computed from what you entered. It is not verified by Wiew and it is not a lender’s commitment.
• Costace LLC is not a lender, mortgage broker, loan originator, processor or underwriter, does not take loan applications, does not make credit decisions, and is not the agent of any lender or of you.
• Wiew is not a consumer reporting agency, and nothing in the Services is a consumer report under the Fair Credit Reporting Act. You must not use the Services or anything derived from them to decide any person’s eligibility for credit, insurance, employment, housing or tenancy, or for any other purpose that would make the output a consumer report.

11. Owner privacy and ownership verification

A line we will not cross. Wiew offers no way to search for a person by name to find property, and owner names from public records are not displayed in the Services. Do not use the Services to try to identify, locate or contact the owner or occupant of a property.

• You may add a property to your account as yours only if you own it or are authorised to act for the owner. Ownership claims are verified: we check the claim against property records, we may request further evidence, and we link a property to your account only when the claim passes. A failed or unresolved check never links the property; it is routed to support instead.
• A verified property carries a badge showing that verification occurred and its date. The badge never reveals the owner's name: where it appears to others (for example on a listing you publish), it shows only that the check passed.
• Verification is a records match, not a legal determination of title or a warranty of ownership, and we may re-verify, or unlink a property, if information changes or a claim proves wrong.
• Claiming a property you do not own or represent, or misusing the verification feature in any way, is a material violation of these terms.

12. Your licence to use Wiew

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable licence to use the Services as they are designed to be used:

• For Households, for your own personal, non-commercial purposes.
• For Business Accounts, for the internal purposes of the business named on the account, through the business features provided.
• For licensed professionals, additionally to inform and serve your own clients using outputs the Services are designed to produce for that purpose (for example client reports), provided you hold whatever consents your client relationship and your profession’s rules require.

Except for features expressly designed for sharing (reports, cards and links the Services generate for you to send), you may not copy, reproduce, modify, create derivative works from, distribute, republish, display, sell or exploit any part of the Services or Wiew Content. Shared outputs must be shared intact, with their labels, dates and attribution unaltered. Keep all proprietary notices on anything you download or print. All rights not expressly granted are reserved. Violation of these terms ends this licence automatically.

13. Mobile apps, devices and updates

• You need a compatible device; we do not warrant compatibility with any particular device. Your carrier’s data and messaging charges are yours.
• You consent to the apps checking for and installing updates, including automatically where your device settings allow. These terms govern updated versions.
• The apps include third-party and open-source components licensed under their own terms, which govern those components.
• 14. App store terms

The apps are distributed through the Apple App Store and Google Play, and purchases are processed by the store’s billing system under the store’s own terms.

For apps obtained from Apple: this agreement is between you and Costace LLC only, not Apple. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price of the app (if any); to the maximum extent permitted by law Apple has no other warranty obligation, and all other claims, losses, liabilities, damages, costs and expenses attributable to a failure to conform to a warranty are governed by this agreement. Apple is not responsible for addressing claims relating to the app, including product-liability claims, claims that the app fails to conform to a legal or regulatory requirement, consumer-protection claims, and third-party claims that the app infringes intellectual-property rights. Apple and its subsidiaries are third-party beneficiaries of this Section 14 and may enforce it against you.

You represent that you are not located in a country subject to a United States government embargo or designated as a supporting terrorism, and that you are not on any United States government list of prohibited or restricted parties.

Part D · The marketplace

15. The marketplace is a venue, not a party

• Wiew’s marketplace lets Households and Professionals find each other, post and respond to requests, exchange offers and communicate. Wiew is not a party to any agreement between users. We do not perform the work, we do not employ, supervise or direct Professionals, and we do not guarantee any Professional, Household, quote, price, schedule, listing or outcome.
• Professionals are independent businesses. They choose which requests to respond to, set their own prices, offers and schedules, supply their own tools, and are free to use other platforms and lead sources. Nothing in these terms creates an employment, agency, partnership, joint-venture or franchise relationship between any user and Wiew.
• Wiew charges no commission on, and takes no percentage of, work agreed between users. Wiew does not currently process payments between Households and Professionals; you pay each other directly under whatever agreement you make. If we ever add payment features they will carry their own terms.
• Disputes between users belong to those users. We may offer tools or, at our discretion, informal help, but we have no obligation to mediate or resolve them and no authority to impose an outcome. To the maximum extent permitted by law, you release Costace LLC from claims arising out of another user’s acts or omissions.

16. Verification, badges and no endorsement

• Wiew verifies two things: property ownership claims (Section 11), and Professional licences, which we check against official registries. Where a check passes, the property or the Professional carries a badge showing that the verification occurred and its date.
• A badge means that the specific check passed on the date shown. It is not an endorsement, a recommendation, or a guarantee that a licence, registration or insurance remains valid today: licences lapse and records change. We may re-check at any time and remove a badge that no longer holds.
• We do not run criminal background checks, and we do not verify anything a badge does not cover. Statements in profiles, offers, articles and messages (experience, insurance, pricing, and qualifications beyond the checked licence) are the statements of the user who made them, unverified by Wiew.
• Wiew does not endorse, recommend or guarantee any user. Before hiring anyone, do your own diligence: verify licence and insurance with the issuing authority, get the agreement in writing, and follow the guidance on our Safety page.

17. Professional obligations

If you use the Services as a Professional, you represent, warrant and agree that, at all times:

• You are qualified and experienced in the services you offer, and you hold, and will maintain, every licence, registration, certification, bond and insurance policy that applicable law requires for your trade and your jurisdiction. You will tell us promptly if a required licence or registration lapses, or is suspended or revoked; a lapsed, suspended or revoked licence means the related badge is removed and Business features may be restricted until it is restored.
• You will comply with all applicable law, including consumer-protection law, home-improvement and contractor registration law, permitting rules, marketing, telemarketing and privacy law, and the fair-housing obligations in Section 22.
• Your profile, business card, offers, quotes, articles and Campaigns are accurate and truthful, and any imagery a Household could reasonably read as your own work is genuinely your work and is not AI-generated material presented as real work.
• You will perform services as agreed with the Household, to a professional and workmanlike standard, and cure material deviations.
• You will honour any person’s request to stop contacting them, and you will not request payment twice for the same work or pressure anyone into untraceable payment methods.

18. Household information received by Professionals

When a Household’s request, message or shared report reaches you as a Professional, you receive personal information. You agree that you will:

• Use it solely to evaluate and respond to that request and to perform the resulting engagement, and for no other purpose.
• Not sell it, share it, disclose it to anyone else, use it for advertising or prospecting beyond the request, or add it to marketing lists without the person’s own consent.
• Protect it with reasonable safeguards, comply with applicable privacy law, and delete it when it is no longer needed for the engagement or required to be kept by law.

We may verify compliance and enforce this section, including by suspending or terminating Business Accounts. If any other part of these terms conflicts with this section on the handling of Household personal information, this section controls.

19. Household obligations in the marketplace

• Post genuine requests you intend to pursue, describe your project accurately, and respond honestly to Professionals you engage with.
• Your dealings with Professionals, on and off the Services, are at your own risk and your own judgment. Wiew’s role ends at the introduction.

20. Reviews and ratings

• Reviews must reflect a genuine, first-hand experience of a real interaction or engagement. Do not review a business you have not dealt with, your own business, or a competitor’s.
• Do not buy, sell, trade or incentivise reviews, and do not offer or accept anything of value in exchange for writing, changing or deleting one. A Professional may not condition service, price or refund on a review, and may not retaliate against a reviewer. A Household may not threaten a bad review to extract something the parties did not agree.
• Professionals may respond to reviews of their business, professionally.
• Reviews are Your Content under Section 25. We may remove reviews that violate these terms, and we do not guarantee any review’s accuracy.

21. Listings and selling tools

• You may list a property for sale or rent through the Services only if you own it or are authorised to act for the owner. We may require verification under Section 11 and may decline or remove any listing.
• Listing information must be accurate and not misleading. Photos must genuinely depict the listed property. Whatever disclosure obligations the law places on a seller or landlord remain yours; Wiew does not review listings for legal sufficiency.
• Listings must comply with the fair-housing obligations in Section 22.
• Wiew is not a multiple listing service, does not claim to syndicate listings to one, and is not a party to, or broker of, any sale or lease that results.

22. Fair housing and non-discrimination

The Services must never be used to discriminate. Everything you do on Wiew that touches housing (listings, Campaigns, requests, offers, articles, reviews, messages, and your off-platform conduct in engagements found through Wiew) must comply with the federal Fair Housing Act, the Equal Credit Opportunity Act where it applies, and state and local anti-discrimination law.

• Do not state or imply any preference, limitation or exclusion based on race, colour, religion, sex, sexual orientation, gender identity, national origin, familial status, disability, veteran status, source of income, or any other characteristic protected by applicable law.
• Do not use the Services in a way that has an unlawful discriminatory effect, and do not ask us to target or exclude audiences on protected characteristics; Campaign targeting is by place and category, never by protected class.
• We remove content that violates this section, we may terminate accounts over it, and we cooperate with authorities where the law requires.

23. Campaigns and sponsored content

• Campaigns let a Business Account promote its business inside the Services for a flat, disclosed price. Campaign content must be truthful, lawful, your own, and within the categories we allow; it must comply with Section 22, and with Section 17.
• Sponsored placements are clearly labelled as such wherever they appear.
• Reach and performance figures shown for Campaigns are estimates of share of local activity, not guarantees. We do not promise impressions, responses, leads, engagements or outcomes.
• We may review, reject, pause or remove any Campaign at our discretion, including for violation of these terms or harm to the Services. No refund will be processed for mid-flight violations.
• Households are shown sponsored content as part of a free product. We do not sell Households’ personal data to advertisers, we do not give advertisers Households’ identities, and we do not attach Households’ names or photos to sponsored content.

24. Paid features, billing, renewals and refunds

• Prices for paid features (Business subscriptions, Campaigns and any other paid products) are shown in the app before you commit, in US dollars, and are billed through the app store’s billing system under Section 14.
• Subscriptions renew automatically at the end of each period until cancelled in your app-store account settings. Cancel before renewal to avoid the next charge; you keep access until the end of the period already paid.
• We may change prices with advance notice; changes apply from your next renewal or next purchase, never retroactively. If you do not accept a change, cancel before it takes effect.
• Refunds are handled under the app store’s refund policies and applicable law. Except where those require otherwise, Fees are non-refundable.
• Free allowances, trials, credits and promotions are discretionary: they carry their stated conditions, expire, have no cash value, and may be revoked for abuse (including operating multiple accounts to harvest them).
• Taxes required by law may be added to Fees. Fees you have incurred survive termination of your account.

Part E · Content and intellectual property

25. Your content

• You own Your Content. Nothing in these terms transfers ownership of it to us.
• So that we can run the Services, you grant Costace LLC a worldwide, non-exclusive, royalty-free licence, sublicensable to the service providers who host and operate the Services for us and transferable to a successor under Section 38, to host, store, reproduce, adapt for display, publish, distribute and display Your Content, in connection with operating, providing, supporting and improving the Services. For Professionals, this includes displaying and promoting your profiles, offers, articles and Campaigns: that is what those features are for.
• We will not use a Household’s private content in marketing without separate consent. The licence operates within your settings and the design of each feature: content a feature keeps private stays private, as described in the Privacy Policy.
• The licence ends when you delete the content or your account, within the deletion windows described in the Privacy Policy, except that it continues for copies you shared with others (a report you sent someone does not vanish from their hands), for backup copies until they cycle out, and for content we must preserve for legal, safety or fraud-investigation reasons, kept no longer than that purpose requires.
• You represent and warrant that you have every right, consent and permission needed to post Your Content and grant this licence, and that it does not infringe anyone’s rights or violate any law.
• We have no obligation to prescreen Content, but we may screen, remove, restrict or refuse any of it at any time, with or without notice, if we reasonably believe it violates these terms or exposes users or Wiew to harm or legal risk. You may encounter Content from others that is inaccurate or objectionable; Section 32 applies.

26. Feedback

If you send us suggestions, ideas or other feedback about the Services, we may use them freely, forever, for any purpose, without restriction, confidentiality obligation, attribution or compensation, and to the extent permitted by law you waive any claim to the contrary. Feedback is not Your Content under Section 25.

27. Wiew’s intellectual property

• The Services and Wiew Content, including software, design, text, graphics, scores, Estimates, analyses, and the selection, arrangement and compilation of data, are the property of Costace LLC or its licensors, protected by intellectual-property and other law. Public records themselves remain public; our assembly, enrichment and outputs are proprietary.
• "Wiew" and our logos and trade dress are our marks. Do not use them, or confusingly similar marks, without our prior written permission, except to refer to us truthfully in plain text.
• Do not decompile, disassemble or reverse-engineer the Services or extract source code, except to the extent a law expressly permits it despite this term, and do not use the Services to build, train or improve a competing product, service or dataset.
• All rights not expressly granted are reserved. Third-party marks belong to their owners.

28. Copyright complaints

We respect intellectual-property rights and expect users to do the same. We respond to notices under the Digital Millennium Copyright Act. If you believe content on the Services infringes your copyright, send a notice to our designated agent at Costace LLC, 82 Wendell Ave, Ste 100, Pittsfield, MA 01201, USA, or support@thewiew.com, including:

• Your physical or electronic signature;
• Identification of the copyrighted work claimed to be infringed;
• Identification and location (URL or in-app location) of the material you want removed;
• Your name, address, telephone number and email address;
• A statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorised to act for the owner.

If your content was removed and you believe that was a mistake or misidentification, you may send a counter-notice with the elements required by 17 U.S.C. 512(g)(3), including your consent to the jurisdiction of the federal court for your district (or, if you are outside the United States, the District of Massachusetts). We may restore the material in 10 to 14 business days unless the complainant files a court action. We terminate the accounts of repeat infringers in appropriate circumstances. Knowingly false notices and counter-notices carry liability under 17 U.S.C. 512(f). Trademark complaints may be sent to the same addresses.

Part F · Rules and enforcement

29. Acceptable use

When you use the Services, you must not, and must not attempt to, or help or permit anyone else to:

Law and honesty

• Break the law, or use the Services for anything unlawful, fraudulent, misleading or deceptive.
• Impersonate anyone, misrepresent your identity, affiliation, qualifications, licensure, experience, pricing or offers, or create fake demand, fake requests or fake engagement.
• Evade a suspension or termination, or misuse reporting, dispute or appeal channels with groundless or repeated complaints.

Respect for people

• Harass, threaten, defame or abuse anyone, or post content that is hateful, obscene, or invasive of privacy or publicity rights.
• Discriminate, or express discriminatory preferences, in violation of Section 22.
• Publish another person’s personal information, or use the Services to identify, locate or profile property owners or occupants (Section 11).

Data and systems

• Access or collect anything from the Services by automated means (scraping, bots, crawlers, harvesting), or use any Content to train or improve a machine-learning model or dataset, without our prior written permission, which we may limit or revoke at any time. This applies whether or not you are signed in.
• Bulk-export, republish, mirror, resell, license, or make available to others any data or outputs from the Services, or buy or receive data obtained from the Services in violation of these terms.
• Use the Services or their data for consumer-report purposes prohibited by Section 10, or to build or benchmark a competing product (Section 27).
• Interfere with or overburden the Services, introduce malware, probe or breach security or authentication measures, circumvent access or geographic controls, or harvest credentials or access tokens. Good-faith vulnerability research is welcome through the disclosure route on our Safety page.

Commerce

• Send spam, chain messages or unsolicited bulk outreach through the Services, or use contact details obtained through them for solicitation unrelated to the request that surfaced them (Section 18).
• Circumvent Fees owed to Wiew, or manipulate pricing, billing or free allowances.
• Advertise or offer through the Services: services you are not licensed to provide, lending or credit products, pyramid or multi-level recruitment schemes, raffles or sweepstakes, or services not genuinely available in the advertised area.
• Buy, sell or fabricate reviews (Section 20), or recruit users away for purposes unrelated to a genuine engagement.

30. Third-party services and links

• The Services include components from third parties (for example mapping and imagery providers, app-store billing, and identity providers) and may link to third-party sites and services. Those belong to their providers, under their providers’ terms and privacy policies.
• A link or integration is not an endorsement, and we are not responsible for third-party content, products or services. Your dealings with third parties are between you and them.

31. Enforcement, suspension and termination

• We may investigate suspected violations, remove or restrict Content under Section 25, limit features, and suspend or terminate accounts: for serious or repeated violation of these terms; where law requires or permits it; to avoid genuine legal or regulatory risk to users or to Wiew; for fraud or safety reasons; for accounts that were never confirmed or have been inactive for an extended period; or where we suspect an account is compromised and cannot verify its owner.
• Where practicable and lawful, we will tell you what happened and how to ask for another review at support@thewiew.com. We may act without notice where notice would expose us to legal liability, harm other users, compromise an investigation or the integrity of the Services, or is technically impracticable or legally prohibited.
• You may stop using the Services and delete your account at any time, in the app (Account, then Close account) or via thewiew.com/delete-account.html.
• On termination by either side: your licence under Section 12 ends, Fees you have incurred remain payable, and Your Content is deleted on the schedule and with the exceptions described in the Privacy Policy and Section 25. If an account holder dies, their representative may contact us about the account; we do not operate memorial accounts.
• Sections that by their nature should survive termination do survive it, including Sections 3, 8 to 12, 15, 16, 18, 20, 24 (accrued Fees), 25 to 29, and 31 to 39.

Part G · Legal terms

32. Disclaimers

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE SPECIFICALLY DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, FREEDOM FROM LIENS OR ENCUMBRANCES, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY ESTIMATE, FIGURE, BOUNDARY OR RECORD IS ACCURATE, COMPLETE OR CURRENT; OR THAT ANY USER, PROFESSIONAL, LISTING, ENGAGEMENT OR OUTCOME WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION OBTAINED THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE. YOU USE THE SERVICES, AND YOU DEAL WITH OTHER USERS, AT YOUR OWN RISK, INCLUDING THE RISK OF DAMAGE TO YOUR DEVICE OR LOSS OF DATA. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; NOTHING IN THESE TERMS EXCLUDES CONSUMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

33. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) COSTACE LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST GOODWILL, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY; (B) WE WILL NOT BE LIABLE FOR DECISIONS YOU MAKE IN RELIANCE ON INFORMATION OR ESTIMATES IN THE SERVICES; FOR THE CONDUCT, CONTENT, SERVICES OR OMISSIONS OF ANY USER OR THIRD PARTY, ONLINE OR OFFLINE, INCLUDING WORK PERFORMED, PERSONAL INJURY AND PROPERTY DAMAGE; FOR UNAUTHORISED ACCESS TO OUR SERVERS OR YOUR INFORMATION; OR FOR INTERRUPTION OR LOSS OF THE SERVICES; AND (C) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF ONE HUNDRED US DOLLARS (US $100) OR THE AMOUNTS YOU PAID WIEW IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WHERE A JURISDICTION DOES NOT ALLOW A LIMIT IN THIS SECTION, THAT LIMIT APPLIES TO THE FULLEST EXTENT IT DOES ALLOW; NOTHING HERE LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

34. Indemnification

You will defend, indemnify and hold harmless Costace LLC and its members, officers, employees and agents from and against third-party claims, and resulting liabilities, damages, losses, fines and reasonable expenses (including legal fees), arising out of: Your Content; your use of the Services; your violation of these terms, of law, or of anyone’s rights; your listings, Campaigns, or services you offer, provide, request or receive; your interactions or disputes with other users; or use of the Services through your credentials. We may assume the exclusive defence and control of any matter subject to this section, in which case you will cooperate; you may not settle any such claim in a way that binds us without our prior written consent.

35. Dispute resolution: arbitration and class action waiver

Please read this section carefully. It requires most disputes to be resolved individually through binding arbitration, and it waives jury trials and class actions. You can opt out within 30 days.

• Talk to us first. Before starting any proceeding, you and we agree to try to resolve the dispute informally: send a written notice describing the dispute, your account email, and the outcome you want, to support@thewiew.com or to our postal address in Section 39, and give us 60 days to work with you. Applicable limitation periods are paused during this window.
• Binding individual arbitration. If we cannot resolve it, any dispute, claim or controversy arising out of or relating to these terms or the Services will be finally resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this section. Hearings will be held remotely or in the county where you live, at your choice. Payment of filing and arbitrator fees follows the AAA’s consumer rules. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability and enforceability of this arbitration agreement, and can award whatever an individual court could award.
• What stays in court. Either party may bring a qualifying claim in small-claims court, and either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property or for unauthorised access to the Services.
• Class action and jury waiver. Disputes will be arbitrated only on an individual basis. NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND BOTH OF US WAIVE TRIAL BY JURY. If this waiver is found unenforceable as to a particular dispute, this entire Section 35 is void as to that dispute.
• Coordinated filings. If 25 or more similar demands are filed by or with the assistance of coordinated counsel, the parties agree to resolution under the AAA’s procedures for coordinated filings, with staged batching.
• Opt out. You may reject this arbitration agreement, with no effect on any other part of these terms, by emailing support@thewiew.com with the subject "Arbitration opt-out", from your account email, including your name, within 30 days of first accepting these terms (or of a change to this section). Opting out is mutual: neither of us can require the other to arbitrate.
• Confidentiality and survival. Arbitrations are confidential to the extent the law allows, and this section survives termination of your account.

36. Governing law and venue

These terms, and any dispute not subject to arbitration under Section 35, are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 35. Any claim not subject to arbitration must be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts, and both parties consent to personal jurisdiction and venue there. Nothing in this section deprives you of protections you are entitled to under the mandatory consumer laws of the place where you live.

37. Changes to these terms

• We may update these terms as the product, the law, or our practices change. For material changes we will give you advance notice in the app or by email, aiming for at least 30 days, unless a shorter period is required for legal, security or safety reasons.
• If you do not accept a change, stop using the Services and delete your account before the change takes effect; continuing to use the Services after it takes effect means you accept it. Changes are prospective only.
• The current version always lives at thewiew.com/terms.html with its effective date at the top.

38. General terms

• Entire agreement. These terms, with the documents in Section 2, are the entire agreement between you and Costace LLC about the Services and supersede prior agreements about them.
• Severability. If a provision is found unenforceable, it will be enforced to the maximum extent permissible or reformed to the closest enforceable equivalent, and the rest of these terms remain in effect (Section 35 carries its own rule).
• No waiver. Not enforcing a provision is not a waiver of it, or of anything else.
• Assignment. You may not assign or transfer these terms or your account. We may assign these terms to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets, or by operation of law.
• No third-party beneficiaries, except Apple and its subsidiaries under Section 14.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (natural disaster, utility or network failure, epidemic, war, labour dispute, governmental action), except that payment obligations already incurred are not excused.
• Export and sanctions. You will comply with US export-control and sanctions law in connection with the Services.
• US government use. The Services are commercial computer software; government users receive only the commercial rights granted here.
• Time to bring claims. To the extent applicable law permits, any claim relating to the Services must be filed within one year after it accrued, or it is permanently barred.
• California residents. Under California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
• Interpretation. "Including" means "including without limitation"; headings are for convenience only.
• Notices. We give notice through the app, or to the email on your account. You give notice to the contacts in Section 39.

39. Contact

Costace LLC

82 Wendell Ave, Ste 100, Pittsfield, MA 01201, USA

Massachusetts company number 001952451

support@thewiew.com