PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBMITTING AN ORDER OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE YOU
(1) HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT;
(2) IF AN INDIVIDUAL, ARE 16 YEARS OR OLDER; AND
(3) MEET THE OTHER QUALIFICATIONS SET FORTH IN THIS AGREEMENT.
These Terms of Service (« Terms ») are a binding Agreement between Wizdeo, a French corporation registered in Paris under the number 499474070 (« Wizdeo » or « We » or « Service Provider » or « Us») and you, or if you represent an employer or client, then the employer or client (in both case « the User » or « Client » or « its ») governing your use of Wizdeo Analytics https://analytics.wizdeo.com platform, the optimisation services and all other related services that Wizdeo Analytics provides (collectively the « Services »), and all text, data, information, software, graphics, photographs and more that We and Our affiliates may make available to the User (all of which We refer to as « Materials »). Unless otherwise stated in these Terms, references to the “Service” include all of Our websites and the Services.
Wizdeo reserves all rights to change or update these Terms at any moment and at its sole discretion, by posting on its Website or by providing any other notice, if possible at least 30 days before its entry into effect, and the User’s rights under these Terms will be subject to the most current version posted on the Website at the time of use.
The User is responsible to check any change of those Terms on a regular basis.
If the User objects to any such modifications, the User’s sole recourse shall be to cease using the Service. Continued use of the Service after any such modifications indicates that the User acknowledges and agrees to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms of individual Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
2. GENERAL USE
By using the Service, the User confirms that it is at least 16 years of age. If the User is not 16 yet, by default the User may not access or use any part of the Service.
In these Terms we are granting the User a limited, personal, non-exclusive and non-transferable license to access and use the Service for individual, consumer or enterprise purposes according to the License the User bought and under which the User connects to the Service (“Permitted Purposes”); the User’s right to use the Service or the Materials is conditioned on the User compliance with these Terms. The User may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service or Materials in any manner not permitted by the License the User bought and under which the User connects to the Service. If the User makes copies of any of the Service then We ask the User to be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Service.
If the User breach any of these Terms the above license will terminate automatically and the User must immediately destroy any downloaded or printed materials (and any copies thereof).
3. ORDERS AND SUBSCRIPTION
During the Term, Wizdeo will provide the User with a limited subscription to access and use the Services subject to Confirmations under this Agreement, solely for the User’s own use in connection with the User’s own business purposes and not for resell, lease, license or sublicense.
By registering for an account with Us, the User becomes a “User” with access to certain password-restricted areas of the Service and to use certain Services and Materials offered on and through the Service (a “Subscription” or “License”). Each Subscription and the rights and privileges provided to each User are personal and non-transferable. All payments of Subscription fees will be in Euro (€) and are non-refundable, except as otherwise explicitly stated herein.
The fee that We will charge the User’s Subscription will be the price stated in the attached Purchase Order or indicated on the platform’s website at the time of the User’s Subscription. We reserve the right to change prices for Subscriptions and notify the User via email 30 days in advance, however, if the User choose not to change its subscription, after being informed of the price changes, the User will be charged to the changed prices.
The User may pay for its Subscription fees only with credit and debit card payments or wire transfer if the User is a company and it has been agreed in the Purchase Order. If the payment is by wire transfer, all payment conditions will be defined in the Purchase Order and will overrule rules stated thereafter.
If the payment is made through credit and debit card we will charge the User credit or debit card for the User’s first Subscription fee on the date that We process the User order for the User Subscription. Once the User’s credit or debit card is charged the first Subscription fee, the User will receive a confirmation e-mail notifying the User of its ability to access those Subscription-only portions of, and Materials on, the Service.
The User is liable for paying any and all applicable sales and use taxes for the purchase of its Subscription based on the mailing address that the User provides when it register as a Subscriber, and the User authorize Us to charge its credit or debit card for any such applicable taxes.
When the User registers for its monthly renewable subscription, we will automatically renew the User's subscription each month, of that date that we charge the User’s credit or debit card for the first subscription fee and, as authorized by the User during the membership sign-up process, we will charge the User’s credit or debit card with the applicable subscription fee and any sales or similar taxes that may be imposed on the User subscription fee payment (unless the User cancels according to the rules stated below). Each subscription renewal period is for one month.
The User may cancel or downgrade its subscription at any time from within the service or by using Our contact form here: https://wizdeo.com/en/contact-crm. If the User downgrades or cancels its subscription, the User will enjoy its current subscription benefits until the expiration of the then-current subscription period for which the User has paid, and the User Subscription benefits will downgrade or expire at the end of the then-current subscription period.
The User agrees to pay all applicable fees related to the User’s use of the Service. We may suspend or terminate the User’s Account and/or access to the Service if the User payment is late and/or the User offered payment method cannot be processed. By providing a payment method, the User expressly authorizes Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on the User’ particular Subscription and utilized services.
We understand that the User might cancel its account, but please know that We will not provide any refund(s) and the User will be responsible for paying any balance due on the account. The User agrees that We may charge any unpaid fees to the User’s provided payment method and/or send the User a bill for such unpaid fees.
5. TRIAL/FREE SUBSCRIPTION
If the User has ordered a trial subscription to the Services or a subscription to any free Services, as indicated in an Order (a “Trial/Free Subscription”), then the following additional terms shall apply during any such Trial/Free Subscription: (a) the Term will continue for the period of the Trial/Free Subscription indicated in the Order and will thereafter expire unless the User places an Order for a non-trial subscription to the Services prior to the expiration thereof; (b) this Agreement may be terminated by Wizdeo, at any time, in Wizdeo’s sole discretion, for any reason, upon notice to the User.
When the User uses the Wizdeo API, the User shall be responsible for its usage of the Wizdeo platform to the amount of API quota that is allocated to the User according to the User’s Subscription. In case the User finishes its allocated API quota, and continues to use the API and Services, by making additional requests, the User accepts that it will be charged for the total amount of the extra quota used.
Wizdeo reserves the right, at its sole discretion, to take any necessary action to address any improper use.
7. OWNERSHIP : LICENSES
Content and Content Rights
For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Our websites and the Services; and (ii) "User Content" means any Content that users (including the User) provide to be made available through the Sites or Services. Content includes without limitation User Content.
Content Ownership and Responsibility
Wizdeo does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that the User may have to use and exploit the User Content. Subject to the foregoing, Wizdeo and its licensors exclusively own all right, title and interest in and to the Sites and Services and Content, and all underlying software, technology and processes and any enhancements or modifications thereto, including all associated intellectual property rights therein.
Rights in User Content Granted by the User
By making any User Content available through the Sites or Services the User hereby grants to Wizdeo a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute its User Content in connection with operating and providing the Services and Content.
The User is solely responsible for all its User Content. The User represents and warrants that it owns all its User Content or it has all rights that are necessary to grant us the license rights in User Content under this Agreement. The User also represents and warrants that neither its User Content, nor its use and provision of its User Content to be made available through the Sites or Services, nor any use of its User Content by Wizdeo on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Content from YouTube
Content from Authenticated SNS Accounts
If the User has an Account on Wizdeo Analytics following its Subscription, the User may choose to link this Account with third-party social networking services (such as YouTube) (each, a social networking service or “SNS”) with which the User has an account (each such account, a “Third Party Account”) by either: (i) providing the User Third Party Account login information to Wizdeo through the Sites or Services; or (ii) allowing Wizdeo to access the User Third Party Account, as is permitted under the applicable terms and conditions that govern its use of each Third Party Account in the manner described above.
Please note that the User’s relationship with the third party service providers associated with its third party accounts is governed solely by the User’s agreement(s) with such third party service providers.
Wizdeo makes no effort to review any Third Party Account Content for any purpose, including without limitation for accuracy, legality or non-infringement and Wizdeo is not responsible for any Third Party Account Content.
8. DATA PRIVACY
The User agrees to the collection of usage data by the Wizdeo and Google. This collection of data is done to improve the Services. All data will be treated with the utmost care and strictly confidential.
We reserve the right to suspend or terminate the User access to the Sites and the Services and/or the User Account if the User did not comply with the use of the use of Terms.
No refunds or credits for Subscription plan charges or other fees or payments will be provided to the User if the User elects to terminate its Services plan or cancel its Account prior to the end of the User then effective billing cycle. Following the termination or cancellation of the User Subscription to the Services and/or Account, Wizdeo reserves the right to close the User’s Account and delete any associated data in the normal course of operation.
This Agreement will survive termination or suspension of the User’s access to the Sites and/or Services and/or closure of the User’s Account for five years.
DISCLAIMER OF WARRANTIES
This service and all materials are provided "AS IS" and "WITH ALL FAULTS". The entire risk as to their quality and performance is with the User.
We expressly disclaim all warranties of any kind (express, implied or statutory) with respect to the service and materials, which includes but is not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights.
This means that we do not promise the User that the service is free of problems. Without limiting the generality of the foregoing, We make no warranty that the Service will meet the User’s requirements or that the Service will be uninterrupted, timely, secure, or error free or that defects in the Service will be corrected. We make no warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service. No advice or information, whether oral or written, obtained by the User through the Service or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY
Except with respect to willful misconduct, the indemnification obligations and confidentiality obligations hereunder, neither party shall be liable to the other for any damages resulting from the User’s use of the service or any part thereof, or from the User’s displaying, copying, uploading, linking or downloading any materials or content to or from the service. Except with respect to willful misconduct, the indemnification obligations and confidentiality obligations hereunder, in no event shall either party be liable to the other for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if we know there is a possibility of such damage.
We welcome feedback, comments and suggestions for improvements to the Sites and/or Services. Any feedback that the User provides to Us about the Service (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, email) will be treated as both non-confidential and non-proprietary. The User hereby assigns all right, title, and interest in, and We are free to use, without any attribution or compensation to the User, any ideas, know-how, concepts, techniques, or other
intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. The User understands and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and the User has no right to compel such use, display, reproduction, or distribution.