Last updated, January 16, 2021
These Terms and Conditions (“Agreement”) are a legally binding agreement between the user (“User” or “you”) of the Wise Creativity Services and the relevant Wise Creativity Company (“Wise Creativity”, “Wise Creativity”, “we” or “us”) as described herein.
Please be sure you fully understand the contents of this Agreement. If you have any questions about any of your rights and obligations arising from your acceptance of this Agreement, please consult us or obtain legal assistance.
This Agreement includes and hereby incorporates by reference the Terms of Use, as such agreement may be in effect and modified by Wise Creativity from time to time, accessible at wisecreativity.com/terms-and-conditions
IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOU MAY NOT CONTINUE WITH THE REGISTRATION PROCESS OR USE THE SERVICES.
SERVICES
Definition.
The “Services” consist of a set of online management and marketing tools for search engine optimization (“SEO”), social media, and digital marketing located at wisecreativity.com (the “Website”), including research and analysis tools, link building, campaign management, automated search engine performance tracking, conversion analysis, and tracking, and SEO reporting, content and contact management tools. Among other things, the Services allow Users to (a) run advertising campaigns on the Internet, (b) obtain information related to their ongoing advertising campaigns, (c) generate reports and analyses on web pages or advertising campaigns, and (d) access a wide range of resources, including but not limited to an online platform and its application programming interface (“API”).
Changes.
We reserve the right to change the terms or specifications of any Service at our discretion, with or without prior written notice to Users, by replacing the text of this Agreement or the description of paid subscription plans on the Website or by written notice to you. Any changes will be effective immediately unless otherwise stated in the notice of the change. If any amendment is unacceptable to you, your only recourse is to terminate your relationship with Wise Creativity. Your continued use of the Services after our notice of change will constitute a binding acceptance of the Agreement, as amended.
Additional services.
Unless explicitly stated otherwise, any new features that augment or enhance the Services currently offered, including the launch of new Wise Creativity services, shall be subject to this Agreement.
Right to Use Services.
Wise Creativity hereby grants you permission to use the Services and the Website only as set out in this Agreement and the manner set out on the Website. In the event of a conflict between the terms of this Agreement and the Website, the terms of this Agreement shall prevail. Any use of the Services other than as outlined in this Agreement or violation of any term of this Agreement will result in the suspension or revocation of your use privileges at our sole discretion.
Suspension or Termination of Services.
Notwithstanding anything to the contrary stated or implied in this Agreement, we may, at any time, without waiving our other rights under this Agreement, applicable law or otherwise, suspend or terminate any or all of the Services, with immediate effect upon issuance of a written notice. Such suspension or termination may also apply, as the case may be, to specific jurisdictions, lines of business, and others, or, to a specific customer or group of Users. Notwithstanding the foregoing, solely for Users of paid Services, where reasonably possible, such Users may receive up to thirty (30) days after notice of suspension or termination of their User account to back up the data stored in their account before it can be completely deleted from our servers.
Third-Party Services.
We reserve the right to use third-party service providers in the provision of all or part of the Services, including but not limited to hosting providers, payment processing services, information and communication services, analysis services, Internet advertising platforms, advertising service providers, and platforms. Where any of the above services are provided by third parties, the User may be subject to the terms and conditions of such third party. We do not accept any liability for services provided by third parties.
REGISTRATION AND ACCOUNT
Use of the services.
You may use the Services as a registered or unregistered user. However, you may not use the Services as either a registered or unregistered User if you are not of legal age to enter into a contract in your jurisdiction or if you do not have the authority to accept this Agreement. If you are under 18, please do not attempt to register for the Services or send us any information about yourself, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under 18 without verification of parental consent, we will delete that information as soon as possible. Registering as a user may provide you with the following additional benefits over using the Services as a visitor (unregistered): marketing campaign tracking and request history display.
Acceptance.
By using the Services, you agree to the terms of this Agreement and fully authorize us to obtain, process, store, use and transmit your personal data following our Privacy Policy, which forms an integral part of this Agreement.
User Representations.
By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old and have the capacity and authority to enter into this Agreement, and (d) your use of the Services does not violate any applicable law or regulation.
Registration; Billing.
To register as a user, you must create a user account on the website by following the registration procedures and instructions set forth therein. There is no charge to create a Wise Creativity user account. However, to access certain payment features of the Services, you will be required to provide billing details. As a registered user, you agree to notify us immediately of any changes to your billing details.
User Responsibilities.
You are responsible for all of the following to your use of the Services:
-Keeping your user account secure and all activity that occurs on your user account;
-Maintain accurate account information at all times, including a valid email address and billing information, and update such information as necessary;
-Obtain access to the Services, and such access may involve third-party fees (such as the Internet service provider or airtime charges); and
-Obtain and maintain all equipment necessary to access the Services.
Prohibited Uses.
You are expressly prohibited from using the Services in any of the following ways or for any of the following purposes
-No illegal purpose. You may not use the Services for any illegal or unauthorized purpose, including in any manner that would violate copyright or other applicable laws.
-Without manipulation. You may not use the Services in a manner that is harmful to the operation of the Services or another person’s access to or use of the Services. You will not upload or transmit any viruses, worms, or other destructive code. The restriction in this Section applies to any use that interferes or attempts to interfere with the normal operations of the Services, including hacking, removing, enhancing, or altering the Services.
Permission is required.
You may not, without our prior written permission and, solely to leasing, reselling, and sublicensing, except as specifically permitted in your paid subscription plan, (i) copy, distribute (including by framing any of the Services on any website). site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease or attempt to exploit the Services or any data resulting therefrom; (ii) decompile, disassemble, reverse engineer or attempt to discover the source code; (iii) make derivative works of the Services; (iv) remove, obscure or alter any copyright, trademark or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the website or the services; (v) modify another website to falsely imply that it is associated with the Services, Wise Creativity or any other product or service of Wise Creativity; or (vi) make the website or services or any part thereof available to others in a service bureau or sub-contracting arrangement or for any other commercial use by a third party for timesharing, data processing or other use.
Inquiries.
You agree not to forward (i) more than 10 queries per 1 second from a single IP address, (ii) more than 10 simultaneous queries from 1 User, or (iii) more than 2 simultaneous export queries.
Automatic Queries.
All automatic queries are prohibited.
Special Access and Testing. If you are invited or clearly provided with access to beta testing of new tools and resources, which are not available to our users generally (“closed beta”), you should not rely on or expect the continued availability of these new tools and resources. Any such access to new beta testing tools and resources, if any, is conditioned on your agreement not to disclose any information about these new tools and resources or your experience with their use to any third party.
Assignment.
A User may not assign, transfer, trade, pool or redeem any of their rights or obligations under this Agreement or the User account, unless expressly permitted in writing by Wise Creativity. Any violation of the above restrictions is grounds for immediate termination of the User account. For changes in access under corporate subscriptions to the Services, we may ask you for a detailed explanation of the changes in your circumstances, along with confirmation of employment and other reasonable information and relevant documents.
Cancellation.
You can delete your user account at any time. Please note that by doing so, all data and information stored on Wise Creativity servers will be deleted and Wise Creativity will have no responsibility for such loss of data or information. All service fees incurred before registration cancellation will be due and payable, until paid in full, notwithstanding such cancellation.
Termination by Wise Creativity.
Wise Creativity reserves the right to terminate any User account for abusive or fraudulent activity, for breach of this Agreement, or any other reason in its sole discretion.
FEES AND SETTLEMENT
Service rates.
Concerning Paid Services, the User will be charged the fees outlined in the applicable section on the Wise Creativity website or as offered on the website for a particular subscription plan (the “Fees”). The fees reported on our website are expressed in US Dollars. The Fees, unless explicitly shown during the subscription plan purchase process and after confirmation of the subscription plan, do not include value-added tax or any additional or other taxes, charges, or fees that may be imposed in connection with all payments made or due hereunder. and shall be, if applicable, borne by, respectively recorded and duly declared by the User.
Promotional Sweepstakes.
From time to time, we may offer promotional gifts of the Services, subject to specific rules that we will announce at the time of such promotional gift. Users shall be solely responsible for all income tax consequences that may result from their winnings from such sweepstakes. Also, only to the extent required by applicable law, Users agree to send us properly completed tax forms to enable us to make all required filings with the taxing authorities.
Change in Rates.
We may change the Rates and/or introduce new charges in addition to the Rates at our sole discretion with thirty (30) days prior written notice to the User. Notwithstanding the foregoing, we may increase the Fees, immediately and with contemporaneous notice, in the event of (a) any change in the services or fees of our third-party service providers; (b) changes in the Services that are made at your request; or (c) delays and/or other problems due to User’s failure to comply with User’s obligations or due to User’s request to delay work for any reason.
Payment.
Any Fees shall be paid in advance one month or one year in advance, or as offered on the website for a particular subscription plan, at the User’s option by credit card or other payment method accepted on the website. All prepaid amounts and Service plans will be reflected in the user’s account. Bank charges shall be borne solely by the User.
Refund Policy.
We provide Payment Services on a prepaid basis. Users may discontinue use of any Service at any time by the instructions posted on the website. The date and time of any cancellation of paid Services will be the date and time that the User completes the entire cancellation process. Fees for Services may be refundable in whole or in part as set forth www.wisecreativity.com/refund-policy/.
Subscriptions and/or repeated subscriptions for paid Services and cancellations, followed by requests for refunds, by a User may, in our sole discretion, be considered bad faith, and we reserve the right to withhold the Service from any offending User and refuse any refund available to such User.
PROPERTY AND INTELLECTUAL PROPERTY; USE OF TRADEMARKS
All rights reserved. You acknowledge and agree that all right, title, and interest in all intellectual property rights of any kind or nature, including but not limited to patents, copyrights, trademarks, database rights, as well as moral rights, know-how, and trade secrets (and any licenses to any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or elsewhere in the world, in the Services, the platform used to provide the Services (technology, hardware, software, etc.), are owned by you. ), any code or software (SDK, API, etc.) which may be provided to User or for User’s use under this Agreement and any work product created and/or delivered here and related documentation (which forms the Wise CreativitySite and Services) are and shall remain solely and exclusively our property and/or the property of Wise Creativity, Wise Creativity’s licensors or affiliates. The user is not granted any title or ownership rights in the Wise Creativity Website or Service. Your right to use the Website, the Services, and any part thereof is strictly limited to the provisions of this Agreement and we reserve all rights not expressly granted herein.
Trademarks of Wise Creativity.
Wise Creativity is trademarks and/or service marks of Wise Creativity and/or our affiliates and subsidiaries. Other marks, graphics, icons, names, and logos used or displayed on or through the Website are trademarks, trade dress, and/or service marks (“Marks”) of us and our affiliates and subsidiaries or are the property of their respective owners. Who may or may not be affiliated with, connected to, or sponsored by us and may be subject to the terms and conditions of such third parties. You may not use any tags or any other “hidden text” utilizing any of the above trademarks, trade dress, and/or service marks without our prior written permission and our respective owner. User’s right to use the Marks is strictly limited to the manner of use according to our instructions and approvals, which right may be revoked or changed at any time in our sole discretion (or by the respective owners or licensors). Accordingly, you shall change or delete such display of materials immediately upon request by us or by the respective owners or licensors of the Trademark. You acknowledge and agree that you will not dispute ownership of the Trademarks on the website for any reason. User’s use or display of the Trademarks will terminate with effect from the termination of this Agreement, the suspension of the Services, or upon notice to us or the respective owner or licensor to cease such use or display.
User’s Marks.
You hereby grant us a worldwide, non-exclusive, unlimited, and royalty-free license to use your marks, names, logos, trademarks, trade names, and service marks as used by you for informational and advertising purposes only.
Feedback.
Users are under no obligation to give Wise Creativity any ideas, suggestions, comments, or other feedback relating to the Website, the Services, or the business or operations of Wise Creativity. If any User shares ideas, suggestions, comments, or other feedback with Wise Creativity, Wise Creativity shall own that idea, suggestion, comment, or feedback. The User hereby assigns all of the User’s rights, title, and interest in such idea, suggestion, comment, or feedback to Wise Creativity and agrees that Wise Creativity shall be free to use and implement the same, without restriction or obligation of any kind, without, however, any obligation to do so.
TERMINATION
Right of rescission.
Either party may terminate this Agreement at any time in its sole discretion with written notice to the other if Wise Creativity terminates this Agreement, such notice to be at least 30 days before the date of termination if it is for a paid Service User.
Effect of Termination. Upon termination of this Agreement, all rights of the affected User to use the Website or the Services shall terminate immediately.
Reservation
Upon termination of this Agreement for any reason, all provisions relating to indemnification, warranty, liability, and limits hereto, and the confidentiality and protection of proprietary rights and trade secrets, and any provisions expressly or by their nature required to safeguard such termination to achieve its purpose, shall be safeguarded until no longer required to achieve its purpose.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Disclaimer. EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES, AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE WILL (A) MEET YOUR REQUIREMENTS; (B) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SECURE. FURTHERMORE, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPETENCY OF THE CONTENT OF ANY SITE LINKED TO THE WEBSITE.
Limitation of liability.
In no event shall Wise Creativity, its officers, directors, employees or agents be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages arising out of or relating to this Agreement, or use of the Services or the Website. Our liability to you for any damages arising out of or related to this Agreement shall at all times be limited to the greater of (a) fifty dollars ($50) or (b) the amounts you have paid to us in the previous 12 months (if none). The existence of more than one claim will not extend this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Third-Party Products and Services.
Wise Creativity does not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by a third party through the Website or any website hyperlinked or presented in any banner or other advertising, and Wise Creativity will not be a party to or in any way be responsible for monitoring any transactions between you and third-party providers of products or services.
Other Jurisdictions.
We make no representation that the Services or the Website are appropriate or available for use in all locations. Those who access or use the Services or the Website from jurisdictions that prohibit such use do so at their own discretion and are responsible for compliance with local law.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Wise Creativity and its officers, directors, employees, and agents from and against all claims, damages, obligations, losses, liabilities, costs or debts and expenses (including, without limitation, attorneys’ fees) arising out of: (a) your use of and access to the Services and the Website; (b) your violation of any term of this Agreement; or (c) your violation of any rights of a third party, including, but not limited to, copyright, property or privacy rights. This defense and indemnification obligation will survive termination of this Agreement and your use of the Services and the Website.
GENERAL PROVISIONS
Assignment.
This Agreement, any part of it, or any right or obligation under it may not be novated, assigned, subcontracted, or transferred by you without our prior written consent, but we may assign it without restrictions or limitations. Any assignment or transfer in violation of the above provisions shall be null and void. Subject to the foregoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Force Majeure.
We will not be liable for failure or delay in performance of our obligations resulting from any conditions beyond our reasonable control, including, but not limited to, use of third-party equipment or services, communication failures, government action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power outages and Internet interruptions.
Wise Creativity Applicable law and jurisdiction.
These Terms and Conditions and any separate agreement by which we provide you with Services shall be governed by and construed under the laws of the United Mexican States.
Electronic Notices.
You agree to receive our communications in electronic form. Electronic notices will be sent to your e-mail address, which you used for registration purposes, as you may subsequently change it by written notice. All communications in electronic format will be considered “in writing” and received on the day we send them. We reserve the right, but assume no obligation, to provide communications in paper form.
Entire Agreement.
This Agreement, together with the Privacy Policy and the Refund Policy, shall constitute the entire agreement between you and Wise Creativity for your use of the Website and the Services.
Languages.
This Agreement is in the Spanish language, which supersedes any translation thereof into other languages made by us and provided to you for your convenience, as applicable. The Service is designed in Spanish and its translations into other languages may contain inaccuracies for which we assume no responsibility; we suggest that you use the Spanish version and resort to other language versions only for reference and at your own risk. You also agree to have all communications with us in Spanish.
No waiver.
No failure or delay by either party in exercising any right or remedy under this Agreement or at law shall constitute a waiver of that (or any other) right or remedy or prevent or restrict any further exercise thereof. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that (or any other) right or remedy; and shall not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.
Severability.
All provisions of this Agreement are distinct and severable. If any provision of this Agreement (or portion of any provision)
Contact information. Questions about the Terms and Conditions should be sent to info@wisecreativity.com or by phone at +52 1 55 1328-522