These Terms of Service ("Terms") are a binding legal agreement between you ("you," "your," "Member," or "User") and Wonderpass Technologies LLC, a Delaware limited liability company, together with its subsidiaries and affiliates ("Wonderpass," "we," "us," or "our"). These Terms govern your access to and use of the Wonderpass website, mobile and web applications, membership plans, booking tools, and related services (collectively, the "Service").
By creating an account, purchasing a membership, booking an activity, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.
If you are accepting these Terms on behalf of another person (including a child, household member, or person for whom you are a legal guardian), you represent that you are authorized to bind that person to these Terms.
WonderPass is a subscription-based membership platform that allows members and their families to discover and book activities and visits at participating third-party recreational venues ("Partner Venues"), such as play centers, swim schools, trampoline parks, and similar facilities, using a credit-based system. The Service operates as both (a) a membership program and (b) a marketplace and booking platform connecting Members with Partner Venues.
WonderPass is a facilitator, not a provider, of the activities, classes, facilities, and services offered by Partner Venues. Partner Venues are independent businesses, not employees, agents, partners (in the legal sense), or representatives of WonderPass. WonderPass does not own, operate, control, staff, supervise, or inspect Partner Venues or their facilities, equipment, programs, or personnel. See Sections 11 and 16.
To use the Service, you must:
Children and minors do not hold WonderPass accounts. Activities for children are booked and managed solely by the responsible adult account holder (a parent or legal guardian). By adding a child to your account, you represent that you are that child's parent or legal guardian, or that you have obtained the consent of the child's parent or legal guardian. You are fully responsible for all activity under your account, including bookings made by any caregiver you authorize (see Section 6).
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to: (a) keep your password confidential; (b) notify us immediately of any unauthorized use or security breach; and (c) ensure you exit/log out at the end of each session. WonderPass is not liable for any loss or damage arising from your failure to protect your account.
We may refuse to create, suspend, or terminate any account at our discretion, including for inaccurate information, suspected fraud, or violation of these Terms.
WonderPass offers subscription plans that provide a monthly allotment of booking "Credits." Credits are redeemed to reserve activities at Partner Venues. The number of Credits required for any activity is set in our sole discretion and may vary by venue, activity, time, demand, and other factors, and may change at any time.
Credits are a limited, revocable license to book activities through the Service. Credits are not money, currency, stored value, gift cards, or property, have no cash or monetary value, are non-transferable (except among authorized users on your account as we permit), and are non-refundable except as required by law or expressly stated in these Terms. Credits cannot be sold, bartered, or exchanged for cash.
Unused Credits may roll over to the following billing cycle up to the limits associated with your plan, as described at the point of purchase. Credits in excess of the rollover cap, and all Credits, expire and are forfeited upon expiration, downgrade, cancellation, or termination of your membership, except where prohibited by law.
You may upgrade or downgrade your plan, subject to the rules in effect at the time. Changes may take effect at the start of your next billing cycle. We reserve the right to add, modify, suspend, or discontinue any plan, feature, or Credit value, or to change Credit costs and allotments, at any time.
Your plan may permit you to add household members, children, and caregivers (such as grandparents or babysitters) ("Authorized Users"). You are solely responsible for: (a) the conduct of all Authorized Users; (b) ensuring Authorized Users comply with these Terms; (c) all bookings, cancellations, check-ins, and Credit usage by Authorized Users; and (d) any consequences arising from granting access. Authorizing a caregiver to check in a child means you have made your own independent judgment about that caregiver's suitability; WonderPass does not vet, screen, or supervise caregivers or Authorized Users.
You agree to pay the subscription fees and any applicable taxes for your selected plan. All fees are stated in U.S. dollars.
By providing a payment method, you authorize us and our third-party payment processors to charge that method for the recurring subscription fee and any other amounts you owe. You represent that you are authorized to use the payment method provided.
Your membership renews automatically at the end of each billing period at the then-current rate. You authorize these recurring charges without requiring further authorization for each charge.
You may cancel at any time through your account settings or by contacting support@trywonderpass.com. Cancellation takes effect at the end of the current billing cycle. Except where required by law, fees already paid are non-refundable, and we do not provide refunds or credits for partial billing periods, unused Credits, or unused membership time. You will retain access to paid features through the end of the paid period.
We may change subscription prices. We will provide advance notice as required by law. Continued use after a price change takes effect constitutes acceptance of the new price; if you do not agree, you may cancel.
If a charge fails, we may suspend or terminate your membership and/or retry the charge. You remain responsible for any amounts owed.
If you accept a free trial or promotional offer, your membership will automatically convert to a paid subscription at the end of the promotional period at the then-current rate unless you cancel before it ends. Promotional terms are one-time use unless stated otherwise.
Where required by applicable law (including California's automatic renewal law), you may have additional rights to cancel and obtain refunds. Nothing in these Terms limits any non-waivable statutory right.
You may reserve activities up to the advance-booking window associated with your plan, subject to Partner Venue availability. Bookings are subject to Partner Venue capacity, schedules, rules, and age or skill requirements.
After booking, you will receive a confirmation code to present or read aloud at the Partner Venue. You are responsible for keeping confirmation codes secure and for arriving on time. WonderPass is not responsible for a Partner Venue's refusal of entry due to late arrival, capacity, failure to meet venue requirements, or other venue policies.
Free cancellation and instant Credit return are available up to the cutoff stated at booking (e.g., 24 hours before the activity). Cancellations after the cutoff, no-shows, or late arrivals may result in forfeiture of the Credits used, in our discretion.
Partner Venues may cancel, reschedule, or modify activities. Where an activity is canceled by a Partner Venue and not attributable to you, we will generally return the Credits used. Credit return is your sole and exclusive remedy for a Partner Venue cancellation; WonderPass is not liable for any other costs, including travel, time, or incidental expenses.
When you visit a Partner Venue, you and your Authorized Users must comply with the Partner Venue's rules, waivers, safety requirements, age and supervision policies, and instructions of venue staff. Many venues require you to sign their own liability waivers as a condition of entry; those are agreements between you and the venue. You are responsible for supervising your children and Authorized Users at all times. You assume all risks associated with participating in recreational activities (see Section 11).
You agree not to: (a) use the Service for any unlawful purpose; (b) resell, sublicense, or commercially exploit the Service or your membership/Credits; (c) create accounts by automated means or hold multiple accounts to evade limits; (d) misrepresent your identity or eligibility; (e) interfere with or disrupt the Service or its security; (f) scrape, harvest, or reverse engineer the Service; (g) abuse, harass, or harm Partner Venues, their staff, or other users; (h) submit false, misleading, or fraudulent bookings, reviews, or chargebacks; or (i) violate any Partner Venue's rules. Violations may result in immediate suspension or termination and forfeiture of Credits.
Recreational activities involve inherent risks, including the risk of serious bodily injury, illness, disability, or death, and damage to or loss of property. These risks arise from the nature of the activities and facilities (e.g., play centers, swim schools, trampoline parks) and from the conduct of venue operators, staff, and other patrons. By using the Service to book activities and by attending Partner Venues, you knowingly and voluntarily assume all such risks on behalf of yourself, your children, and your Authorized Users, to the fullest extent permitted by law. You acknowledge that WonderPass does not control, supervise, or guarantee the safety of any Partner Venue or activity.
The Service may contain links to or integrations with third-party websites, services, and payment processors. We are not responsible for third-party content, products, services, or privacy practices. Your dealings with third parties are solely between you and them.
The Service, including all software, text, graphics, logos, and the "WonderPass" name and marks, is owned by WonderPass or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, or create derivative works without our prior written consent.
If you submit reviews, ratings, photos, or other content ("User Content"), you grant WonderPass a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, display, and distribute that User Content in connection with operating and promoting the Service. You represent you have the rights to grant this license and that your User Content is lawful and accurate. Any feedback or suggestions you provide may be used by us without restriction or obligation to you.
You may stop using the Service and cancel at any time (Section 7.4). We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms, suspected fraud, non-payment, or risk to the Service, other users, or Partner Venues. Upon termination, your right to use the Service ends and unused Credits are forfeited except where prohibited by law. Sections that by their nature should survive termination (including Sections 2, 5.2, 11, 16, 17, 18, 19, and 20) survive.
The Service and all Credits, bookings, and content are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, WonderPass disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
WonderPass makes no warranty or representation regarding: (a) the quality, safety, legality, or availability of any Partner Venue, activity, facility, or personnel; (b) the conduct of Partner Venues or their staff; (c) the accuracy of venue listings, schedules, or descriptions; or (d) that the Service will be uninterrupted, secure, or error-free. WonderPass is not responsible for the acts or omissions of Partner Venues.
Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the above exclusions apply to the maximum extent permitted by law.
To the fullest extent permitted by law:
(a) In no event will WonderPass, its owners, officers, directors, employees, agents, or licensors (the "WonderPass Parties") be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to the Service or these Terms, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if advised of the possibility of such damages.
(b) In no event will the WonderPass Parties be liable for any personal injury, illness, death, or property damage arising from or related to your or your Authorized Users' attendance at, or participation in activities at, any Partner Venue. Such matters are between you and the Partner Venue.
(c) The WonderPass Parties' total aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (i) the total amount of subscription fees you actually paid to WonderPass in the three (3) months immediately preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law (e.g., for fraud or gross negligence where non-waivable).
You agree to defend, indemnify, and hold harmless the WonderPass Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your or your Authorized Users' attendance at or conduct at any Partner Venue; (c) your violation of these Terms; (d) your violation of any law or third-party right; or (e) any injury, death, or property damage caused by you or your Authorized Users.
Before filing a claim, you and WonderPass agree to try to resolve the dispute informally by contacting legal@trywonderpass.com. If not resolved within sixty (60) days, either party may proceed to arbitration.
You and WonderPass agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by final and binding individual arbitration, rather than in court, except as set out below. The arbitration will be administered by a recognized arbitration provider (e.g., the American Arbitration Association) under its applicable consumer rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
You and WonderPass agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.
Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or equitable relief in court for intellectual property infringement or unauthorized access to the Service.
You may opt out of this arbitration agreement by sending written notice to legal@trywonderpass.com within thirty (30) days of first accepting these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other part of these Terms.
If the Class Action Waiver is found unenforceable as to a particular claim, that claim will be severed and proceed in court, but the remainder of this Section will remain in effect.
These Terms and any Dispute are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. To the extent any Dispute is not subject to arbitration and proceeds in court, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and waive any objection to such venue. Nothing in this Section deprives you of the protection of non-waivable consumer-protection laws of your state of residence.
We may modify these Terms from time to time. If we make material changes, we will provide notice (e.g., by posting the updated Terms with a new "Last Updated" date or by email). Changes are effective when posted unless otherwise stated. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service and may cancel.
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