Common Leaf, LLC d/b/a WODL
Last Updated: 11 NOV 2026
Effective Date: 11 NOV 2026
IMPORTANT NOTICE: PLEASE READ CAREFULLY
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER IN SECTION 20 THAT AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 20.10, DISPUTES BETWEEN YOU AND WODL WILL BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT, AND YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS ACTION.
WODL PRO IS AN OPTIONAL PAID SUBSCRIPTION. IF YOU START A FREE TRIAL OR SUBSCRIBE, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOU WILL BE CHARGED THROUGH APPLE OR GOOGLE UNTIL YOU CANCEL. SEE SECTION 3A.
YOU MUST BE AT LEAST 21 YEARS OF AGE TO USE THE SERVICES. WODL DOES NOT SELL CANNABIS, DOES NOT FACILITATE THE SALE OF CANNABIS, AND DOES NOT PROVIDE MEDICAL ADVICE.
These Terms of Service (these “Terms”) are a legal agreement between you and Common Leaf, LLC, a Pennsylvania limited liability company doing business as “WODL” (“WODL,” “we,” “us,” or “our”), with its principal office at 532 Charles Dr, King of Prussia, Pennsylvania 19406. These Terms govern your access to and use of the WODL Journal mobile application for iOS and Android (the “App”), the website located at wodl.app and related web pages that link to these Terms (the “Site”), and all related content, features, and services that we offer (collectively with the App and the Site, the “Services”).
1.1 How You Accept. You accept these Terms only by taking an affirmative action that we present to you together with a clear statement that the action constitutes your agreement, such as checking a box stating that you agree to these Terms and acknowledge our Privacy Policy and then tapping the button to create your account, sign in with Apple, sign in with Google, or continue as a guest. We present this checkbox on every sign-up and sign-in path, including Sign in with Apple, Sign in with Google, and guest access. If you do not agree to these Terms, do not create an account, check the box, or use the Services.
1.2 Related Policies. Our Privacy Policy, including the Consumer Health Data Privacy Policy contained in it, explains how we collect, use, and disclose personal information, and is available at https://wodl.app/privacy and within the App. Our Privacy Policy is not a contract term that you are asked to accept, and accepting these Terms does not constitute your consent to the collection, sharing, or sale of consumer health data or other sensitive data. Where consent is required, we will request it from you separately.
1.3 Additional Terms. Certain features, promotions, or programs may be subject to additional terms, official rules, or guidelines that we present to you when you access them (“Additional Terms”). Additional Terms that you accept are incorporated into these Terms. If an Additional Term conflicts with these Terms, the Additional Term controls for that feature, promotion, or program only, except that Section 20 (Dispute Resolution) controls unless the Additional Terms expressly state otherwise.
1.4 Electronic Communications and Signatures. You agree that we may provide these Terms, notices, disclosures, and other communications to you electronically, including by email to the address associated with your account or by posting them in the App or on the Site, and that your electronic acceptance of these Terms has the same legal effect as a handwritten signature.
1.5 Changes to These Terms. We may update these Terms from time to time. We will identify the date of the most recent update at the top of these Terms. If we make a material change, we will notify you in the App or by email at least 30 days before the change takes effect, and, where required by applicable law or where the change is material, we will ask you to affirmatively accept the updated Terms before you continue using the Services. Changes are not retroactive and will not apply to any dispute of which we had actual notice before the change took effect. If you do not agree to an updated version of these Terms, you must stop using the Services and may delete your account.
2.1 You Must Be 21 or Older. The Services are intended only for adults who are at least twenty-one (21) years of age. By accepting these Terms, you represent and warrant that you are at least 21 years of age and of legal age to form a binding contract in your jurisdiction. When you first open the App, we will ask you to confirm your age. You may not use the Services if you do not meet these requirements, and you may not misrepresent your age.
2.2 Age Verification and Enforcement. We may, but are not obligated to, request additional information to confirm that you meet the age requirement. If we learn or reasonably suspect that a user is under 21, we may suspend or terminate that user’s account and delete associated information as described in our Privacy Policy.
2.3 Not Directed to Children. The Services are not directed to children, and we do not knowingly collect personal information from children under 13 years of age. See the “Children and Minors” section of our Privacy Policy.
2.4 Your Jurisdiction. Cannabis laws vary by jurisdiction. You are solely responsible for determining whether your use of the Services, and any cannabis-related activity you describe or engage in, is lawful where you are located. You may not use the Services where doing so is prohibited by applicable law. We currently offer the Services only in the United States.
2.5 Accounts on Behalf of Businesses. If you use the Services on behalf of a business (for example, a grower, processor, or laboratory participating in a maker profile), you represent that you are authorized to bind that business to these Terms, and “you” includes that business. Business participation may be subject to a separate written agreement with WODL.
3.1 What WODL Does. WODL is an educational and informational cannabis journal and product-review tool. Depending on the features available to you, the Services allow you to: scan product barcodes and use your device camera to read product labels; look up information about products, strains, cannabinoids, terpenes, and their reported effects and origins; follow and track specific product batches; submit products that are not yet listed; write and share reviews, ratings, journal entries, and community posts; browse dispensary menus and prices; compare prices across stores; use the Hit list; receive For You suggestions; and view profiles of growers, processors, and laboratories (“Makers”). WODL Pro, an optional subscription described in Section 3A, removes ads and adds custom backgrounds.
3.2 No Sales, Orders, or Transactions. WODL DOES NOT SELL, DISTRIBUTE, DELIVER, OR ARRANGE THE DELIVERY OR PICKUP OF CANNABIS OR ANY PRODUCT CONTAINING THC, AND THE SERVICES DO NOT INCLUDE ANY SHOPPING CART, ORDERING, RESERVATION, OR PAYMENT FUNCTIONALITY FOR CANNABIS PRODUCTS. Dispensary menus, prices, and price comparisons in the Services are provided for informational purposes only. They are not offers by WODL to sell any product, prices and availability are set by each dispensary and may change at any time, and any purchase takes place directly between you and a licensed dispensary, outside the Services. You may not use the Services to buy, sell, trade, give away, or arrange the transfer of cannabis or any controlled substance, or to solicit or advertise any such transaction.
3.3 Product Information. Product, strain, batch, cannabinoid, terpene, effect, and Maker information, including certificates of analysis and other laboratory information, may be provided by users, Makers, or other third parties. Unless we expressly state otherwise, we do not independently test products or verify such information, and a “verified” or similar designation means only that the product shown in a review was matched to a product record, either automatically (for example, because the package identifier or barcode, or the brand and laboratory values printed on the label, match a listed product and its laboratory results) or by WODL staff. Labels that conflict with a product record or appear suspicious are held for manual review. A “verified” designation does not mean that WODL tested the product, and it is not an endorsement of the product or a warranty of its safety or accuracy; it means only that the label matches a source record. Product verification is currently available only for products sold in Pennsylvania. Product information may be incomplete, outdated, or inaccurate, and you should always review the product packaging, labeling, and any information provided by a licensed dispensary or health care provider.
3.4 Advertising. The free version of the App shows advertisements served by Google AdMob. Ads are labeled “Ad”, appear only in a few places (such as Explore and between cards in some feeds), and never appear on the screens you use to scan products, photograph labels, write or verify reviews, or manage your subscription. Ads are limited to general-audience and teen content ratings. A WODL Pro subscription turns off all ads. Advertisements do not constitute our endorsement of any product, service, or advertiser, and WODL does not allow advertisements for cannabis or other controlled substances. How advertising relates to your personal information, and your choices, are described in our Privacy Policy.
3.5 Changes to the Services. We may modify, suspend, or discontinue any part of the Services at any time. If we discontinue the App entirely, we will use reasonable efforts to give you advance notice and an opportunity to request a copy of your journal data where technically feasible.
3A.1 Free Features. Anyone with a free WODL account can scan products, photograph product labels, write reviews, earn verified trophies, keep a personal journal, and use the Community feed, Explore, For You suggestions, Favorites, the Hit list, dispensary menu browsing, local prices, price comparison across stores, price history, price alerts, and Lab rankings. Price tools currently cover dispensaries in Pennsylvania only. We may add coverage for other states over time, but we do not promise that coverage will be available in any particular state or by any particular date. Price and menu information is subject to Sections 3.2 and 11.4, may not reflect the price or availability at the time you visit a dispensary, and is not an offer by WODL to sell any product. If you use the Services as a guest without an account, you can browse the Services but cannot save journal entries, reviews, favorites, or other content. You do not need a WODL Pro subscription to use the free features, and canceling or not renewing WODL Pro does not change your access to them.
3A.2 WODL Pro. WODL Pro is an optional paid subscription that (a) turns off all advertisements in the App and (b) unlocks custom background designs beyond the standard light and dark appearances. WODL Pro does not unlock any additional product, price, or menu information.
3A.3 Plans and Prices. WODL Pro is offered in two plans: Pro Monthly, at $2.99 per month, and Pro Annual, at $19.99 per year. These prices are stated in U.S. dollars. The Apple App Store and Google Play display the price in your local currency, and the price may be subject to applicable taxes. The plan, price, billing frequency, and renewal terms will be shown to you in the App before you subscribe, and the price shown at the time of your purchase applies to your subscription unless it is changed as described in Section 3A.9.
3A.4 Free Trial. New subscribers may receive one free seven (7) day trial of either plan, subject to the eligibility rules of the Apple App Store or Google Play. UNLESS YOU CANCEL BEFORE THE FREE TRIAL ENDS, YOUR TRIAL WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AT THE END OF THE SEVEN (7) DAY TRIAL, AND YOU WILL BE CHARGED THE PRICE OF THE PLAN YOU SELECTED ($2.99 PER MONTH FOR PRO MONTHLY OR $19.99 PER YEAR FOR PRO ANNUAL) THROUGH YOUR APPLE OR GOOGLE ACCOUNT. On an iPhone or other Apple device, you must turn off automatic renewal at least 24 hours before the trial ends to avoid being charged. If you cancel before the trial ends, you will not be charged.
3A.5 Automatic Renewal. YOUR WODL PRO SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD (EACH MONTH FOR PRO MONTHLY AND EACH YEAR FOR PRO ANNUAL) FOR A PERIOD OF THE SAME LENGTH AND AT THE SAME PRICE, AND THE APPLE APP STORE OR GOOGLE PLAY WILL CHARGE THE PAYMENT METHOD ASSOCIATED WITH YOUR APPLE OR GOOGLE ACCOUNT FOR EACH RENEWAL, UNTIL YOU CANCEL. On an Apple device, automatic renewal must be turned off at least 24 hours before the end of the current period to avoid being charged for the next period. On Google Play, you must cancel before your next billing date to avoid being charged for the next period.
3A.6 How to Cancel. You may cancel at any time. On an iPhone or iPad, open Settings, tap your name, tap Subscriptions, tap the WODL subscription, and tap Cancel Subscription. On an Android device, go to Subscriptions in Google Play, select the WODL subscription, and tap Cancel subscription. Apple and Google may change these steps, and their current instructions are available from Apple Support and Google Play Help. Deleting the App or your WODL account does not cancel your subscription. If you need help canceling, contact us at support@wodl.app.
3A.7 Effect of Cancellation. If you cancel, your cancellation takes effect at the end of the subscription period for which you have already paid, and you will keep access to WODL Pro until then. You will not be charged for any later period. Cancellation does not affect the free features or your journal entries, reviews, and other content.
3A.8 Billing and Refunds. All WODL Pro purchases, billing, cancellations, and refunds are handled by Apple or Google, as applicable, under their terms and policies. WODL does not process your payment and does not receive or store your payment card details. Refund requests must be submitted to Apple or Google and are governed by their refund policies. Nothing in these Terms limits any refund or other right you have under applicable law.
3A.9 Changes to Prices and WODL Pro Features. We may change WODL Pro prices or features from time to time. If we increase the price of your plan, you will receive notice before your subscription renews at the new price, within the time and in the manner required by applicable law and by the rules of the Apple App Store or Google Play, and the notice will explain how to cancel. If applicable law or the app store requires your consent to a price increase, your subscription will not renew at the higher price unless you give that consent. If we make a material change to the WODL Pro features included in your subscription, we will notify you before the change takes effect and explain how to cancel. A price change will not apply to a subscription period that you have already paid for.
3A.10 Acknowledgment and Reminders. After you subscribe, you will receive a confirmation from Apple or Google, and we will also send you an acknowledgment, by email or in another form you can keep, that describes your plan, these automatic renewal terms, the cancellation policy, and how to cancel. If you subscribe to Pro Annual, we will send you a reminder before each annual renewal that states the renewal date and price and explains how to cancel.
3A.11 Your Agreement to Automatic Renewal. BY STARTING A FREE TRIAL OR SUBSCRIBING TO WODL PRO, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THIS SECTION 3A, INCLUDING THAT YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND THAT YOU WILL BE CHARGED FOR EACH RENEWAL UNTIL YOU CANCEL, AND YOU AUTHORIZE APPLE OR GOOGLE, AS APPLICABLE, TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH YOUR ACCOUNT FOR EACH RENEWAL.
3A.12 Promotions. A WODL Pro subscription is never required to enter a promotion and does not improve your chances of winning. See Section 8.
4.1 NO MEDICAL ADVICE. WODL IS NOT A HEALTH CARE PROVIDER, PHARMACY, OR DISPENSARY. ALL CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING PRODUCT AND STRAIN INFORMATION, REPORTED EFFECTS, AND USER REVIEWS, IS PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING IN THE SERVICES IS INTENDED TO SUGGEST ANY PRODUCT, DOSE, OR USE FOR ANY MEDICAL CONDITION. ALWAYS CONSULT A QUALIFIED HEALTH CARE PROVIDER BEFORE USING CANNABIS, ESPECIALLY IF YOU ARE PREGNANT OR NURSING, HAVE A MEDICAL CONDITION, OR TAKE ANY MEDICATION. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
4.2 FEDERAL AND STATE LAW NOTICE. CANNABIS REMAINS REGULATED UNDER FEDERAL LAW. AS OF THE LAST UPDATED DATE OF THESE TERMS, MARIJUANA IS A SCHEDULE I CONTROLLED SUBSTANCE UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT, EXCEPT THAT FDA-APPROVED PRODUCTS CONTAINING MARIJUANA AND MARIJUANA PRODUCTS REGULATED BY A STATE MEDICAL MARIJUANA LICENSE ARE TREATED AS SCHEDULE III CONTROLLED SUBSTANCES UNDER A FEDERAL RULE ADOPTED IN 2026. NON-MEDICAL (ADULT-USE) MARIJUANA REMAINS IN SCHEDULE I. FEDERAL SCHEDULING IS THE SUBJECT OF ONGOING ADMINISTRATIVE AND JUDICIAL PROCEEDINGS AND MAY CHANGE. STATE LAWS ALSO DIFFER: SOME STATES PERMIT MEDICAL USE ONLY, SOME PERMIT ADULT USE, AND SOME PROHIBIT CANNABIS ENTIRELY. A STATE LAW THAT PERMITS CANNABIS DOES NOT CHANGE FEDERAL LAW.
4.3 No Encouragement of Unlawful or Unsafe Use. WODL does not encourage the use of cannabis by anyone, including excessive or unlawful use, and does not encourage or permit use by persons under 21. Do not drive, operate machinery, or engage in any activity requiring alertness while impaired. Keep cannabis products away from children and pets.
4.4 User Opinions. Reviews, ratings, and community posts reflect the personal opinions and experiences of the users who submit them, not the views of WODL. Individual experiences vary and are not a reliable predictor of how a product will affect you.
5.1 Registration. To use certain features, you must create an account. You agree to provide accurate, current, and complete information and to keep it up to date. We may suspend or terminate your account if we reasonably believe that information you provided is inaccurate or that you are not eligible to use the Services.
5.2 Sign in with Apple or Google. You may create or access your account through Sign in with Apple or Sign in with Google. If you do, the provider may share certain information with us as described in our Privacy Policy, and your use of that sign-in service is also governed by the provider’s own terms and privacy policy.
5.3 Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify us promptly at support@wodl.app if you become aware of any unauthorized access to or use of your account. We will not be responsible for losses caused by your failure to safeguard your credentials, except to the extent caused by our own negligence or breach of these Terms.
5.4 Account Deletion. You may delete your account at any time within the App by selecting “Delete account” in your profile or in the App’s settings and confirming, through our account deletion web page at https://api.wodl.app/delete-account, or by emailing support@wodl.app. Deleting your account or the App does not cancel a WODL Pro subscription; you must cancel through Apple or Google as described in Section 3A.6. When you delete your account, we will delete or de-identify your personal information as described in our Privacy Policy, except where we are required or permitted by law to retain it. Content that you posted publicly may remain visible in de-identified form or in copies made by other users before deletion.
6.1 Your Content. “User Content” means any reviews, ratings, journal entries, notes, comments, posts, messages, photographs, product submissions, and other material that you submit through the Services. As between you and WODL, you retain ownership of your User Content.
6.2 License to WODL. You grant WODL a non-exclusive, worldwide, royalty-free, transferable (only in connection with a permitted assignment of these Terms), and sublicensable (only to our service providers acting on our behalf) license to host, store, reproduce, modify for formatting and display purposes, publish, display, and distribute your User Content solely to operate, provide, maintain, secure, and improve the Services and, for User Content you choose to make public, to display it to other users and to feature it in or in connection with the Services. This license continues for User Content you have shared publicly until you delete it, and ends for other User Content when you delete it or your account, except for residual copies retained in backups for a limited period, copies retained to comply with law, and information that has been de-identified or aggregated so that it no longer identifies you. This license does not authorize us to sell your User Content or to disclose User Content that identifies you, or any consumer health data, to cannabis growers, processors, manufacturers, distributors, or other industry participants. Any such use is governed by our Privacy Policy and requires your separate consent where required by law.
6.3 Public Content. Reviews, ratings, community posts, and profile information that you choose to make public will be visible to other users, may be visible to the public, and may be shared outside the Services through the share feature, as described in Section 6.7. Please do not include in public User Content any information about your health, medical conditions, or medical-patient status, or any other personal information, that you do not want others to see.
6.4 Your Representations. You represent and warrant that: (a) you own or have the necessary rights to submit your User Content and to grant the license above; (b) your User Content reflects your honest opinions and actual experience; (c) you will disclose any material connection you have with a product, brand, Maker, or retailer that you review, such as employment, ownership, payment, or free product; and (d) your User Content does not violate these Terms, applicable law, or the rights of any third party.
6.5 Moderation and Reporting. We may, but are not obligated to, review, filter, edit, refuse, or remove User Content at any time. You can report any scan, review, photo, or product through the “Report an issue” option in the App’s “...” menu, and you can report objectionable User Content or users by emailing support@wodl.app. Reports are private. We review reports and respond in a timely manner. We may remove content and suspend or terminate users who violate these Terms.
6.6 Feedback. If you send us suggestions, ideas, or other feedback about the Services, you grant us the right to use that feedback without restriction or compensation to you. Feedback does not include your personal information, which remains subject to our Privacy Policy.
6.7 Sharing Through the Share Feature. You may use the share feature of the Services to share your own User Content, and other users’ public reviews and posts, on Reddit or on any other website, app, or service. When you make User Content public, you grant WODL and each other user a non-exclusive, royalty-free, worldwide license to share that User Content through the share feature, in the form the share feature provides, for personal, non-commercial purposes. Sharing individual reviews and posts through the share feature is permitted; bulk copying, scraping, or reposting of the Data described in Section 11.4 is not. Content shared outside the Services is also subject to the terms and policies of the site or service where it is shared, and we cannot remove copies that have been shared outside the Services.
You agree not to, and not to attempt to or assist anyone else to:
(a) offer, request, or arrange to buy, sell, trade, give away, deliver, or pick up cannabis, THC products, or any other controlled substance, or post prices, menus, or contact information for that purpose;
(b) post content that encourages or depicts use of cannabis by persons under 21, that is designed to appeal to minors, or that encourages excessive, unlawful, or unsafe use, including impaired driving;
(c) make false or misleading claims that any product diagnoses, treats, cures, or prevents any disease or medical condition;
(d) post fake, fraudulent, incentivized but undisclosed, or duplicate reviews, or manipulate ratings, rankings, or batch information;
(e) post content that is unlawful, defamatory, obscene, harassing, threatening, hateful, or discriminatory, or that invades another person’s privacy;
(f) post another person’s personal information, including health information, without that person’s consent, or collect or harvest personal information about other users;
(g) infringe or misappropriate any copyright, trademark, trade secret, right of publicity, or other right of any person;
(h) impersonate any person or entity, including a Maker or a WODL employee, or misrepresent your affiliation with any person or entity;
(i) misrepresent your age or circumvent any age-gating, geographic, or access control;
(j) send spam, chain letters, or unsolicited advertising, or conduct contests, sweepstakes, or other promotions through the Services without our prior written approval;
(k) upload viruses, malware, or other harmful code, or interfere with or disrupt the Services, servers, or networks;
(l) access the Services through automated means, including bots, scrapers, or crawlers, or copy or extract data from the Services, without our prior written permission;
(m) reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent applicable law expressly permits it notwithstanding this restriction;
(n) use the Services to build a competing product or database, or resell, sublicense, or commercially exploit the Services without our prior written permission; or
(o) violate any applicable law or regulation, or these Terms.
From time to time, we may offer contests, sweepstakes, challenges, or other promotions. Each promotion will be sponsored by WODL and governed by official rules that will be presented in the App with the promotion and that will describe eligibility (which will in all cases be limited to persons 21 years of age or older), how to enter (including any free method of entry where required by law), prizes, odds or judging criteria, and other material terms. Prizes will not consist of cannabis or THC products. Promotions are void where prohibited. If the official rules conflict with these Terms, the official rules control for that promotion.
Apple and Google (each as defined in Section 10.1) are not sponsors of any promotion, are not involved in any promotion in any manner, and have no responsibility or liability for any promotion. The official rules for each promotion will say so. Entering a promotion does not create any relationship between you and Apple or Google.
Some states restrict or prohibit requiring a payment or purchase to enter a contest that is decided by skill. No promotion will require a payment, purchase, or WODL Pro subscription to enter, and purchasing or holding a WODL Pro subscription will not improve your chances of winning. The official rules will identify any states in which a promotion is void or subject to different terms.
If a promotion awards entries or other benefits for writing reviews: (a) every review that meets the stated eligibility requirements will qualify, whether it is positive, negative, or neutral, and neither your entry nor your chance of winning will depend on the rating or opinion you express; (b) reviews submitted as promotion entries will carry a clear and conspicuous label identifying them as promotion entries, and you may not remove or obscure that label; and (c) the official rules will include any notice of financial incentive described in our Privacy Policy.
The Services may contain links to, or integrations with, third-party websites, applications, Maker pages, and services that we do not own or control, including sign-in providers and advertisers. We are not responsible for the content, products, privacy practices, or availability of any third-party service, and your dealings with any third party are solely between you and that third party.
10.1 General. If you download the App from the Apple App Store or Google Play, you acknowledge that these Terms are between you and WODL only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). WODL, not Apple or Google, is solely responsible for the App and its content. Your use of the App must also comply with the applicable app store’s terms of service.
10.2 Apple-Specific Terms. If you obtained the App from the Apple App Store: (a) your license to use the App is limited to use on Apple-branded products that you own or control, as permitted by the App Store’s usage rules; (b) Apple has no obligation to furnish maintenance or support services for the App; (c) to the maximum extent permitted by law, Apple has no warranty obligation with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty are WODL’s responsibility to the extent not effectively disclaimed under these Terms; (d) Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and consumer protection or similar claims; (e) in the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, WODL, not Apple, will be responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by these Terms; (f) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.
11.1 Our Rights. The Services, including the App’s software, design, text, graphics, databases, product and strain compilations, dispensary menu and price compilations, logos, and the WODL name and marks, are owned by WODL or its licensors and are protected by intellectual property laws. Except for the limited license below, no rights are granted to you.
11.2 License to You. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install the App on mobile devices that you own or control and to use the Services for your personal, non-commercial purposes.
11.3 Trademarks. You may not use the WODL name, logos, or other marks without our prior written permission. Third-party names and marks that appear in the Services belong to their respective owners, and their appearance does not imply endorsement.
11.4 Menu, Price, and Product Data. The dispensary menu, price, and product data in the Services, including data compiled through NugNav, a dispensary menu data service operated by Common Leaf, LLC, and including compilations, price histories, and price comparisons (the “Data”), belongs to Common Leaf, LLC (or, where applicable, its licensors). You may view the Data in the Services for your personal, non-commercial use and may share individual items through the share feature of the Services. You may not copy, scrape, extract, download, or republish the Data, or any substantial part of it, in bulk, or repost it in bulk on any other website, app, or service, without our prior written permission.
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”).
12.1 Notice of Claimed Infringement. If you believe that material available through the Services infringes your copyright, send a written notice to our Designated Agent identified below that includes substantially the following:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed or, if multiple works are covered by a single notice, a representative list of those works;
(c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it (for example, the product page, review, or post in the App);
(d) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
12.2 Notice for Infringement. Our contact to receive notifications of claimed infringement is: Common Leaf, LLC d/b/a WODL, 532 Charles Dr, King of Prussia, PA 19406; Email: support@wodl.app; Telephone: (484) 341-3132.
12.3 Counter-Notification. If material you posted was removed or disabled in response to a notice and you believe this was the result of mistake or misidentification, you may send our Designated Agent a written counter-notification that includes substantially the following: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which WODL may be found) and that you will accept service of process from the person who submitted the original notice or that person’s agent. Upon receipt of a valid counter-notification, we will forward it to the original complaining party and will restore the material not less than 10 nor more than 14 business days after receipt, unless our Designated Agent first receives notice that the complaining party has filed an action seeking a court order to restrain the alleged infringement.
12.4 Repeat Infringers. It is our policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
12.5 Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages.
Our collection and use of personal information is described in our Privacy Policy. We will request your separate, express consent before collecting or sharing consumer health data or other sensitive data where applicable law requires consent, and you may withdraw any such consent as described in the Privacy Policy. Withdrawing consent may limit features that depend on that information but will not otherwise affect your right to use the Services.
You may stop using the Services and delete your account at any time. We may suspend or terminate your access to all or part of the Services, with or without notice, if we reasonably believe that you have violated these Terms or applicable law, that you do not meet the eligibility requirements, that your use creates risk or possible legal exposure for WODL or others, or if we discontinue the Services. Sections 4, 6.2 (as to residual copies and de-identified information), 6.6, 11.1, 11.4, and 15 through 21, and any other provisions that by their nature should survive, survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, PRODUCT INFORMATION, AND USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WODL EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WODL DOES NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY PRODUCT, STRAIN, BATCH, LABORATORY, EFFECT, OR MAKER INFORMATION IS ACCURATE, COMPLETE, OR CURRENT; (C) ANY PRODUCT WILL HAVE ANY PARTICULAR EFFECT ON YOU; OR (D) ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM WODL OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WODL OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WODL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF WODL AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID TO WODL FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION 16 DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING, WHERE APPLICABLE, LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR VIOLATION OF A STATUTE THAT PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless WODL and its members, managers, officers, employees, and agents from and against any third-party claims, and related losses, damages, liabilities, costs, and reasonable attorneys’ fees, to the extent arising out of (a) your User Content, (b) your violation of these Terms, or (c) your violation of applicable law or the rights of any third party. We will promptly notify you of any claim for which we seek indemnification, and we may assume the exclusive defense and control of any such matter, in which case you agree to cooperate with our defense. You will not settle any claim that imposes an obligation on WODL without our prior written consent.
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules, except that Section 20 (Dispute Resolution) is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”). The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this Section deprives you of the protection of any mandatory consumer protection or privacy law of the state in which you reside. Subject to Section 20, any claim not subject to arbitration will be brought exclusively in the state courts located in Montgomery County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania, and you and WODL consent to the personal jurisdiction of those courts, except that either party may bring an individual action in small claims court as provided in Section 20.3.
To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the claim arises; otherwise, the claim is permanently barred. This Section does not apply where applicable law prohibits a shortened limitations period.
PLAIN-LANGUAGE SUMMARY (FOR CONVENIENCE ONLY; THE FULL TEXT BELOW CONTROLS)
• If you have a concern, contact us first. We will try to resolve it informally within 60 days.
• If we cannot resolve it, you and WODL agree to resolve the dispute through individual binding arbitration administered by the American Arbitration Association (AAA), instead of in court, except that either of us may use small claims court.
• WODL will pay the arbitration fees as described in Section 20.6, other than the portion of the initial filing fee assigned to consumers by AAA’s rules, which we will reimburse if you prevail. WODL will not seek to recover its arbitration fees from you.
• Neither of us may bring or participate in a class action, class arbitration, or other representative proceeding, and both of us waive a jury trial.
• You can opt out of this arbitration agreement by notifying us within 30 days, as explained in Section 20.10.
20.1 Informal Dispute Resolution. Before starting an arbitration or small claims action, the party asserting a claim must send the other party a written notice of dispute (“Notice”) that includes the claimant’s name, the email address associated with the claimant’s WODL account (if any), a description of the dispute, and the relief requested. Notices to WODL must be sent to support@wodl.app or to Common Leaf, LLC d/b/a WODL, Attn: Legal, 532 Charles Dr, King of Prussia, PA 19406. The parties will attempt in good faith to resolve the dispute informally, including, upon either party’s request, by an individual telephone or video conference, for sixty (60) days after the Notice is received. All applicable limitations periods and filing-fee deadlines are tolled during this sixty-day period.
20.2 Agreement to Arbitrate. Except as provided in Section 20.3 or if you opt out under Section 20.10, you and WODL agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any aspect of the relationship between you and WODL, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after you accepted these Terms (each, a “Dispute”), will be resolved exclusively by final and binding individual arbitration. This arbitration agreement is governed by the FAA. The arbitrator, and not any court, will have exclusive authority to resolve any Dispute concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction will decide (a) whether Section 20.7 (Class Action and Jury Trial Waiver) is enforceable, (b) whether you timely opted out under Section 20.10, (c) Disputes under Section 20.3, and (d) any challenge to the application of Section 20.9 (Mass Arbitration).
20.3 Exceptions. Notwithstanding Section 20.2: (a) either party may bring an individual action in small claims court in the county of your residence or in Montgomery County, Pennsylvania, if the claim qualifies and remains in that court on an individual basis; and (b) either party may bring an action in court for injunctive or other equitable relief to stop the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, or other intellectual property rights.
20.4 Arbitration Rules and Administrator. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable under Section 20.9, its Mass Arbitration Supplementary Rules, in each case as in effect when the arbitration is filed (the “AAA Rules”), as modified by this Section 20. The AAA Rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section 20, the parties will agree on a substitute administrator, or a court will appoint one under 9 U.S.C. § 5.
20.5 Arbitration Procedure. The arbitration will be conducted before a single neutral arbitrator. If your claim seeks $25,000 or less (exclusive of attorneys’ fees and costs), the arbitration will be conducted solely on written submissions unless you request a hearing or the arbitrator determines that a hearing is necessary. Any hearing will be held by video conference unless the arbitrator determines that an in-person hearing is necessary, in which case it will be held in the county of your residence or another location to which the parties agree. The arbitrator may award on an individual basis any relief that would be available to an individual in court, including damages, declaratory or injunctive relief, and attorneys’ fees and costs to the extent authorized by applicable law, and must issue a reasoned written decision. The arbitrator’s award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The parties may exchange information and discovery as permitted by the AAA Rules and as the arbitrator determines is appropriate.
20.6 Arbitration Fees. Payment of all filing, administration, case-management, hearing, and arbitrator fees will be governed by the AAA Rules and the applicable AAA consumer fee schedules, as modified by this Section. If you initiate arbitration, you will pay only the portion of the initial filing fee that the AAA consumer fee schedule assigns to the consumer, and WODL will pay all other AAA fees and the arbitrator’s compensation. If you prevail in the arbitration, WODL will reimburse your filing fee. If WODL initiates arbitration, WODL will pay all fees. WODL will not seek to recover from you any arbitration fees or costs that it pays, regardless of the outcome, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11. Each party will otherwise bear its own attorneys’ fees and costs unless the arbitrator awards them under applicable law. WODL will pay its share of fees when due.
20.7 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WODL AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS PROVIDED IN THE AAA MASS ARBITRATION SUPPLEMENTARY RULES FOR ADMINISTRATIVE PURPOSES), MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WODL EACH WAIVE THE RIGHT TO A JURY TRIAL, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
20.8 Severability of Waiver. If a court of competent jurisdiction finally determines that Section 20.7 is unenforceable as to any claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed and litigated in a court identified in Section 18, and will be stayed pending the completion of the individual arbitration of all remaining claims. Under no circumstances will class arbitration be permitted.
20.9 Mass Arbitration. If twenty-five (25) or more similar demands for arbitration are filed against WODL by or with the assistance of the same or coordinated counsel or organizations, the AAA Mass Arbitration Supplementary Rules and the AAA Consumer Mass Arbitration and Mediation Fee Schedule will apply, as determined under those rules, including the appointment of a process arbitrator to resolve threshold administrative issues. The parties agree to cooperate in good faith with the AAA to administer such demands efficiently and economically. Each claimant retains the right to an individual determination of his or her claim by an arbitrator, and no claimant will be bound by the outcome of any other claimant’s arbitration unless that claimant agrees. All applicable statutes of limitations and filing-fee deadlines are tolled for each claimant from the time the claimant’s Notice is received until the claimant’s demand is administered under this Section.
20.10 Right to Opt Out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to Common Leaf, LLC d/b/a WODL, Attn: Arbitration Opt-Out, 532 Charles Dr, King of Prussia, PA 19406, within thirty (30) days after you first accept these Terms. If you were a registered user before the Effective Date stated above, you may opt out within thirty (30) days after you accept this version of these Terms. Your notice must include your name, the email address associated with your WODL account (if any), and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of these Terms or any prior arbitration agreement to which you were bound, and it will not affect your relationship with WODL.
20.11 Changes to This Section. If WODL makes any change to this Section 20 (other than a change to a notice address), WODL will provide at least thirty (30) days’ notice, and you may reject the change by notifying us within that period, in which case the most recent version of this Section 20 that you accepted will continue to apply. Any change will not apply to any Dispute of which WODL had actual notice before the change took effect.
20.12 Survival. This Section 20 survives the termination of these Terms and the deletion of your account.
21.1 Entire Agreement. These Terms, together with any Additional Terms that you accept and any separate written agreement between you and WODL that expressly supplements or supersedes them, constitute the entire agreement between you and WODL regarding the Services and supersede all prior versions, including the document titled “TERMS OF SERVICE/PRIVACY Rev18AUG2022.”
21.2 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets or of the business line to which these Terms relate, subject to our Privacy Policy.
21.3 Severability; No Waiver. Except as provided in Section 20.8, if any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision.
21.4 Export Controls. You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which you obtained it.
21.5 Force Majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
21.6 Relationship; Third-Party Beneficiaries. No agency, partnership, joint venture, or employment relationship is created by these Terms. Except as stated in Section 10.2, there are no third-party beneficiaries of these Terms.
21.7 Notices. We may send notices to you by email to the address associated with your account or by posting them in the App. You may send notices to us at support@wodl.app or by mail to the address in Section 22, except that Notices of dispute and arbitration opt-outs must be sent as stated in Section 20.
21.8 Headings; Interpretation. Section headings are for convenience only and have no legal effect. The words “including” and “for example” mean “including without limitation.”
Common Leaf, LLC d/b/a WODL 532 Charles Dr, King of Prussia, PA 19406 Email: support@wodl.app