Terms of Service
THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR USE OF OUR SERVICE. IF YOU REGISTER FOR A FREE TRIAL OF OUR SERVICE, THESE TERMS WILL ALSO GOVERN THAT FREE TRIAL.
1. Acceptance of Terms
1.1. Welcome to Wizdee (“Service”, “Site” or “Site and the Service”), a Service provided to You by Wizdee – Sistemas de Gestão de Conhecimento, S.A. (“Wizdee,” “We” or ”Our”) subject to these Terms.
1.2. By accepting these Terms, or by accessing or using the Service or Site, You represent and acknowledge that you have read, understood, and agree to be bound by these Terms, and that the information You provide in registering to the Service is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms “You,” “Your”, “Users” or related capitalized terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.
1.3. You acknowledge that these Terms constitute a contract between You and Wizdee, even though it is electronic and is not physically signed by You and Wizdee, and that these Terms govern Your use of the Service and supersede any other agreements between You and Wizdee.
2. Description of Service
2.1. The “Service” includes (a) the service site (https://cloud.wizdee.com), (b) Wizdee’s business discovery services and related technologies for getting data from your data sources, and (c) all software (including the Service, as defined previously), data, text, charts, queries, reports, dashboards, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this Terms of Service.
2.2. Wizdee does not own and shall not be responsible for any data, information or material that you authorize us to retrieve or submit to the Service in the course of using the Service (“Customer Data”). You, not Wizdee, shall be solely responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and Wizdee shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Wizdee will have the right to exploit aggregated Customer Data or data generated by or on behalf of Wizdee in connection with the Service and to provide aggregate, de-identified data to third parties, so long as such data is presented in the aggregate and does not identify you.
2.3. Wizdee may offer you certain features or a limited version of the Services on a temporary, cost-free basis (“Trial Period”). Unless earlier terminated as described in this Terms of Service, any Trial Period will continue for (a) the then-current Trial Period offered by Wizdee, as set forth in the Service, unless otherwise extended by Wizdee in its discretion, or (b) if earlier, the start date of your paid Services term. The Trial Period may be subject to additional terms and conditions as set forth in the Service, which are hereby incorporated by reference into this Terms of Service; any such additional Trial Period terms will govern in the event of a conflict with this Terms of Service. ANY CUSTOMER DATA YOU PROVIDE DURING THE TRIAL PERIOD MAY BE DELETED AFTER THE TRIAL PERIOD UNLESS YOU PURCHASE A PAID SUBSCRIPTION FOR THE SAME SERVICE FEATURES.
3. Data Privacy and Security
3.1. In providing You the Service We shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your data and the personal data of Your end-users. These safeguards include encryption of Your data in transmission (using SSL or similar technologies), except for certain external third party integrations that do not support encryption, which You may link to the Service at Your choice.
3.3. You give Wizdee permission to use your company logo in our Site and other print material to identify yourself as a registered user of the Service.
3.4. As part of your use of the Service, you may receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Wizdee of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wizdee cannot and will not be liable for any loss or damage arising from your failure to properly safeguard your account or password.
3.5. You have sole responsibility for adequate protection and backup of Content of any type that you upload to, download from or otherwise create or use with, the Service, and/or equipment you use in connection with the Service.
4. Limitation of Service
4.1. You acknowledge that Wizdee may establish limits concerning use of the Service, the frequency with which you may access the Service and the locations where the Service is available. You agree that Wizdee has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that Wizdee reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Wizdee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
5. Intellectual Property Rights
5.1. Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Wizdee shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You. Wizdee’s other products and service names, and logos used or displayed on the Service are registered or unregistered trademarks of Wizdee (collectively, “Marks”), and You may only use such Marks to identify yourself as a customer and user of the Service; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Wizdee, its services or products.
6. User Content Rights
6.1. You retain ownership rights any data contributed by You in connection with the Service (“User Content”). By making available any User Content through the Service, You hereby grant to Wizdee a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to use, copy, adapt, modify, and otherwise exploit User Content for the purposes of improving the Service for all Wizdee users. Wizdee does not claim any ownership rights in any such User Content and nothing in the Terms will be deemed to restrict any rights that You may have to use and exploit any such User Content. You acknowledge and agree that You are solely responsible for all User Content that you make available through the Service. Wizdee does not have any obligation to review or scan any User Content for any purpose, including without limitation for measuring quality, filtering content, or detecting the presence of malware. Wizdee makes no representations regarding the compliance of any User Content with any applicable laws or regulations.
7. User Restrictions
7.1. You agree not to do any of the following in connection with using the Service:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, Wizdee’s name, any Wizdee trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Wizdee’ express written consent;
- Access, tamper with, or use non-public areas of the Site, Wizdee’s computer systems, or the technical delivery systems of Wizdee’s providers; Attempt to probe, scan, or test the vulnerability of any Wizdee system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wizdee or any of Wizdee’s providers or any other third party (including another user) to protect the Service;
- Attempt to access or search the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Service through the API, software and/or search agents provided by Wizdee or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Google Chrome or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Wizdee trademark, logo URL or product name without Wizdee’s express written consent;
- Use the Service for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Service;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Service from other users of the Service without their express prior permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- “Stalk” or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content;
Wizdee will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Wizdee may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Wizdee has no obligation to monitor your access to or use of the Service or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Wizdee reserves the right, at any time and without prior notice, to remove or disable access to any content, including any User Content, that Wizdee, in its sole discretion, considers to be in violation of the Terms of Service or otherwise harmful to the Service.
8. Third Party Services
8.1. The Service may contain links to, or otherwise may allow You to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “Other Services”) in conjunction with Our Service. If You decide to access and use such Other Services, be advised that Your use is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle Your data. Wizdee is not liable for any damage or loss caused or alleged to be caused by or in connection with Your access or use of any such Other Services, or Your reliance on the privacy practices or other policies of such Other Services.
8.2. The Service may contain features that enable various Other Services to be directly integrated into Wizdee. To take advantage of these features, You will be required to register for or log into such Other Services on their respective websites. By enabling third party services within the Service, You are allowing Wizdee to pass Your log-in information to these Other Services for this purpose.
9. Account Information from Third Party Sites
9.1. Through the Service, you may direct Wizdee to retrieve certain information maintained online by third party providers with which you have a customer relationship, maintain accounts or engage in transactions (“Account Information”). You agree to provide your username, password and other log-in information and credentials necessary to access your account with such providers (“Access Information”), and you hereby grant Wizdee permission to use the Access Information and Account Information for the purposes contemplated by this Terms of Service.
9.2. By using the Service and providing your Access Information, you expressly authorize Wizdee to access and use your Account Information maintained by identified third parties, on your behalf as your agent. You hereby authorize Wizdee to use your Access Information to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit Account Information.
You acknowledge and agree that when Wizdee accesses and retrieves account information from third party sites, Wizdee is acting as your agent, and not as the agent of or on behalf of the third party.
You represent and warrant that neither the foregoing (or anything else in this Terms of Service) nor your use of the Services will violate any agreement or terms to which you are subject, including without limitation, those with respect to any third party site. The manner in which such third party providers transmit, use, store and disclose your Account Information is governed solely by the policies of such third parties, and Wizdee shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Wizdee is not responsible for the accuracy, availability or reliability of any Account Information, data, information, content, services, advice or statements made available in connection with such third party services. As such, Wizdee is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party services, including without limitation (a) actions or the effect of actions that you authorize the Service to take with respect to third party services (such as database queries), (b) inaccurate or corrupted Account Information within the third party service, the Service or otherwise (c) reliance on calculations or visualizations provided by the Service or actions you take as a result of such calculations or visualizations, or (d) Wizdee’s categorization or classifications of Account Information on the Service.
9.3. Wizdee does not guarantee that any such third party services will continue to be made available within the Service, and such services may be removed or disabled by Wizdee at any time without notice to you. You acknowledge and agree that the Service may not be sponsored or endorsed by the third party services accessible through the Service.
10. Billing, Subscription Modifications and Payments
10.1. The Service is a Subscription service and is billed in advance on a monthly or yearly basis. If You choose the yearly subscription we offer an initial 90 days period where you can dropout – in this case You will be refundable for the months not used. If You choose to buy more licenses (users, storage or packages) during Your elected subscription period, an incremental cost will be prorated over the remaining term of the subscription period and charged to your account. Subsequently, You will be charged the adjusted rate on your next billing cycle. Regardless of your billing cycle, there are no refunds or credits for partial months of service, licenses reduction, or refunds for unused time if You close Your account before the end of Your subscription period (with the exception of the 90 days period, see above). Reducing the number of licenses may cause the loss of content, features, or capacity of Your account and Wizdee does not accept any liability for such loss. If You fail to pay your subscription fee on time, or were unable to process Your payment, Your entire subscription may be suspended or cancelled.
10.2. Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Wizdee based on its income. We will invoice You for such Taxes if we believe we have a legal obligation to do so.
11. Price Policy Changes
11.1. Prices of all Services, including but not limited to monthly subscription fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Wizdee site (https://cloud.wizdee.com) or the Service itself.
11.2. Wizdee shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
12. License Usage Policy
Wizdee reserves the right, with or without notice, to enforce its license usage policy:
12.1. If the limit number of subscribed users and storage is reached You will need to update Your subscription and increase the number of licenses for users or storage or make changes to Your account configuration to comply with existing subscription limitations. Wizdee will give You up to 24 hours to correct this situation. Once 24 hours go by, Your account usage will have limited usage until it, again, complies with its subscription limits. At this point Wizdee may suspend your account at any time without notice.
12.2. If the limit of storage is reached You will need to update Your subscription and increase the number of licenses. Wizdee will give You up to 24 hours to do it. At this point Wizdee may suspend any more checks, data collection or integrations without notice until the end of the month.
13. Cancelation and Conclusion
13.1. The account owner (as defined in the sign-up procedure) is responsible for canceling Your account, and can cancel the account in the Wizdee account page by email (email@example.com). There are no other means of canceling Your account. Once You cancel Your account You will lose access to all of Your content, and We preserve the right to delete all such content in the normal course of operation. This content cannot be recovered once Your account is cancelled. If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect immediately and You will not be charged again.
13.2. Wizdee reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service, suspend or terminate your account or any part thereof (or Your use of the Service), and remove and discard any of Your content within the Service if We believe that You have violated these Terms. Wizdee will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of Your use of Service, and may be referred to law enforcement authorities. Wizdee shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
14. Warranty Disclaimer
14.1. You agree that use of the service is entirely at your own risk. The service is provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Wizdee disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Wizdee site and the service. To the fullest extent permitted by law, Wizdee disclaims any warranties for other services or goods received through or advertised on the Wizdee site or the sites or service, or accessed through any links on the Wizdee site. To the fullest extent permitted by law, Wizdee disclaims any warranties for viruses or other harmful components in connection with the service.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
15. Limitation of Liability
15.1. Under no circumstances shall Wizdee be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Wizdee has been advised of the possibility of such damages), resulting from any aspect of your use of the service, whether the damages arise from use or misuse of the service, from inability to use the service, or the interruption, suspension, modification, alteration, or termination of the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the service or any links on the Wizdee site, as well as by reason of any information or advice received through or advertised in connection with the service or any links on the Wizdee site. These limitations shall apply to the fullest extent permitted by law.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
16. Assignment; Entire Agreement; Revisions
16.1. Either party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You of such changes and direct You to the latest version.
17.1. If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
18.1. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survives any termination of this terms or any termination of your use of or subscription to the Service.
If you have any comments, questions, or concerns about our Terms of Service, feel free to contact us on firstname.lastname@example.org.