Terms and Conditions
Last Updated August 4, 2023
Please read these Terms of Service (the "Agreement") carefully before using the WisperSEO website and the WisperSEO API (together, or individually, the "Services") operated by the individual providing services under the trade name WisperSEO ("WisperSEO," "us", "we", or "our").Operating Name Disclaimer:
WisperSEO is a trade name used by the individual providing the Services. The terms "WisperSEO," "us," "we," and "our" used
in this Agreement refer to the individual operating under the trade name WisperSEO.
By using the Services, you acknowledge and agree to be bound by this Agreement, which sets forth the terms and conditions governing your use of WisperSEO's website and mobile application. If you do not agree to these terms, please refrain from accessing or using the Services.
By creating an account on our service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the
Services ("Purchase"), you may be asked to supply certain information relevant
to your Purchase, including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information. You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Subscription Term and Payment
The Services are provided on a subscription basis for a set term (billing period)
that is specified on your invoice. Unless otherwise noted on your Order Form,
(i) all subscriptions automatically renew (without the need to go through the Services-interface "check-out" or execute a renewal Order Form) for additional periods equal to one (1) year or the preceding term, whichever is shorter; and
(ii) the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term unless otherwise agreed by the parties. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing. If you elect to cancel, your Services will terminate at the end of the applicable subscription term, and you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
You agree to pay all applicable fees for the Services as set forth on the invoice unless you provide notice of a dispute regarding such fees no later than 30 days after the invoice date. Any and all payments you make to us for the Services are final and non-refundable. If we agree to accept your payment via invoice rather than by credit card, full payment must be received within thirty (30) days from the invoice date.
We will provide you with notice of non-payment of any undisputed amount due. Unless the full amount not in dispute has been paid, we may suspend your access to the Services thirty (30) days after such notice. We will not suspend the access to the Services while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If your Services are suspended for non-payment, we may charge a re-activation fee to reinstate your access to the Services.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings for the Services. We may experience delays in updating information on the WisperSEO website regarding the Services, information in our advertising on other websites, or information we provide as part of the Services ("Services Information"). The Services Information may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services, and we cannot guarantee the accuracy or completeness of the Services Information. We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes, and Promotions
Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Customer Data"). You are responsible for the Customer Data that you post on or through the Services, including its legality, reliability, and appropriateness. By posting Customer Data on or through the Services, You represent and warrant that: (i) the Customer Data you post on or through the Services is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement, and (ii) that the posting of your Customer Data on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or otherwise in violation of this section. You retain any and all of your rights to any Customer Data you submit, post, or display on or through the Services, and you are responsible for protecting those rights.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit Customer Data, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to investigate any claim that Customer Data posted on the Services infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims." You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Customer Data found on and/or through the Services on your copyright.
The Services and their original content (excluding Customer Data), features, and functionality are and will remain the exclusive property of WisperSEO and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WisperSEO.
Third Party Sites and Applications
The Services may contain links to third-party websites or services that are not owned or controlled by WisperSEO. WisperSEO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that WisperSEO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit or services that you enable.
Limitation of Liability
IN NO EVENT SHALL WISPERSEO, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR A FAILURE OF THE SERVICES TO DELIVER ANY CONTENT, GOODS, OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
If you have any questions about this Agreement, please contact us at email@example.com.