Terms of Use

Effective: January 8, 2019 Last Updated: February 4, 2019

This Terms of Use constitutes a binding agreement entered by and between a Customer or free Trial User and Wavo (Carsy Inc.) hereafter referred to as “Wavo”, “We”, “Us” or any related capitalized term.

By accepting this Agreement, either by accessing or using Wavo, authorizing or permitting any of Your co-workers to access or use Wavo, You agree to be bound by this Agreement. By accepting these Terms, You warrant that You are at least eighteen (18) years old and may lawfully enter into and form binding legal contracts.

If You are entering into this Agreement on behalf of a company, organization or another legal entity, You are agreeing to this Agreement for that Entity and representing to Wavo that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Subscriber,” “You,” “Your” 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 this Agreement, You must not accept this Agreement and may not use any of Our Services.

Definitions
“Service” means the services supplied by the Company to the Customer under the Agreement specified below at https://app.wavo.co in the form of a web application accessible online.

“Account”means the access to the Service enabled with personalized login and password.

“Website” means the https://staging4.wavo.co webpage and any subpages related to the main domain.

“Agreement” means this Terms of Service, Privacy Policy, Safety and Security and General Data Protection Regulation Compliance Statement. The Agreement may be extended to cover Non–Disclosure Agreement or Data Protection Addendum upon individual establishment of both parties.

“Personal Data” means personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation – GDPR).

“Sub-processor” means any person or a third party appointed by or on behalf of the processor to conduct actions on Personal Data.

“User or Customer” mean respectively any person who uses the Wavo Service with access to an active Account regardless of its type.

“Spoofing” means a fraudulent or malicious practice in which communication is sent from an unknown source disguised as a source known to the receiver.

“SPAM” means irrelevant or unsolicited messages sent over the Internet, typically to a large number of users, usually for the purposes of advertising, phishing, spreading malware content.

“Phishing” means the fraudulent practice of sending emails purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers.

“Prospect” means a potential customer contacted by User. Such outreach takes place by the Wavo Service.

“Subscription” means a model of payment accepted by Wavo. It implies that User can access the Service on a monthly basis upon recurring payment triggered automatically each month unless We receive a prior explicit written notice not to charge.

“Pricing Plan” means a model according to which the User will be charged by Wavo.

General Statements
1. Wavo provides a web-based application and Service dedicated to individuals, teams, and organizations that use outbound email outreach for business-to-business (B2B) prospecting purposes or building B2B partnerships.

2. Accepting these Terms of Service constitutes a condition to use Services provided by Wavo and each User is obliged to do so before accessing Our Service.

3. Wavo reserves its right to refine features, modify functionality, suspend or terminate the Service or the Website. Such action may be taken without prior notice to the Customer if necessary from a business or a technical perspective.

4. We reserve the right to use Your company name as a reference for promotional purposes on the Website and in other communication with existing or potential Wavo Users. For instance, We might list Your company on one of Our web pages on one of the lists of Wavo Customers. We shall use Your company name only upon Your consent and at any point, You can withdraw the consent for Us to do so. Such notification may be delivered via email to team@wavo.co

5. Information, content design and methods accessible through the Services are protected by intellectual property rights (as, for example, trademarks). You shall not use, download, share such content, designs or information unless (1) You have rights to do so, (2) such content is explicitly designed to be shared.

Acceptable Use Policy
1. This Acceptable Use Policy applies to Wavo Services accessible at https://app.wavo.co

2. To ensure proper maintenance of the Service, the User shall not misuse the Service and as a consequence, the Customer is obliged not to:
intentionally or unintentionally hinder the functioning of the Services, for example, by reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any portion thereof) or related systems, networks or data;
exceeding API request limits causing downtime to the Service or hindering its operational ability;
misrepresent or hide the data origin, content or other information submitted to the Service, for example by Spoofing, Phishing, manipulating headers or other identifiers, impersonating anyone else or access the Services via another User’s Account without their permission.

3. To ensure legal transparency of Our Service, the User shall not send content which may be deemed to be malicious or inappropriate, as for example, but not limited to:
content deemed to be SPAM, Spoofing, Phishing;
content related to pornography, sexual content, content displaying images or texts objectively recognized as offensive or cruel;
content related to racism, xenophobia, discrimination, hate speech, incitement to violence;
content related to or inciting to fraudulent behaviors.

4. The User is obliged to obey to this Terms of Use and subsequent documents constituting the Agreement. Wavo reserves its right to permanently delete the Account of a person who violates this Agreement without any prior notice and shall have no responsibility for any costs arising of the result of such deletion.

5. The User is responsible for the accuracy, legality and adequacy of data of Prospects entered into the Service, as well as for content shared through Wavo.

6. Users can upload documents, Contacts and Customer information, and other content to the Service. Users can then use the Contacts and the Customer information, as well as all the previously updated content to communicate with Customers and Prospects via email automated by the Service. Users retain all rights to all the data and content they upload to the Service and are fully responsible for it.

7. Wavo shall have no responsibility for how Users Process data through the Service. Upon using the Service, Users should abide by the law of their native country, as well as the law of the countries they send their emails to.

8. As a condition of using the Service, the User shall:
as required by applicable law, provide notice to its Contacts and obtain consent if required to outreach to the persons;
be responsible for its employees, representatives, affiliates that have access to the Services;
comply with any limitations or restrictions set forth in this Agreement;
use the Services only in compliance with applicable law both national and international including court orders.

9. The User is responsible for secure storage of passwords and logins leading to the Accounts related to the Service. Wavo shall have no responsibility arising out of reckless or negligent credentials storage by the User.

GDPR Compliance
1. Wavo stays compliant with GDPR (General Data Protection Regulation) and obliges the Users of the Service to respect the principles of the regulation when processing Personal Data of EU citizens. Please find more details about how Wavo complies with GDPR and what actions You should take as the User in order to be compliant with it as well in Our GDPR Compliance. The GDPR Compliance document should be treated as an inherent part of these Terms.

2. All content sent from Wavo must be sent within the scope of B2B relations and must not be sent to Contacts or Customers who verbally expressed their wish to be excluded from further correspondence.

3. Upon access to Your data:

a. User shall always have the right to access their personal data in order to exercise their right to change it. The detailed description on how to change Your data or ask for its removal can be can be found in Our Privacy Policy.

b. Wavo will not access or modify any piece of data or content, unless it is necessary to provide the Service to its users, prevent or resolve technical problems, or at the User’s request with regard to support matters. Wavo will not disclose any part of its Users data or content, except as described in the Privacy Policy and the present Terms.

Payments, Termination and Refunds
1. Users will not be charged during the free Trial period, unless they opt in for additional campaign email accounts before the day on which their free Trial expires.

2. Users will be charged for all types of Subscriptions.

3. As a Wavo User, You agree to pay Wavo the amount that is specified in the applicable Pricing Plan, and You authorize Wavo to bill Your credit card in advance on a periodic basis in accordance with such Terms. If You dispute any charges, You must let Wavo know within sixty (60) days after the date that Wavo invoices You.

4. Wavo collects payments via Stripe and may not access any sensitive credit card credentials on its own. All payments are processed by the external, third-party service mentioned, to ensure high-security standard.

5. Subscriptions are ongoing on a month to month basis. Either party can terminate the Agreement without providing rationale. Upon termination, Users will be able to access their Wavo Account for the period which has been covered by the last payment.

6. Once terminated, We may permanently delete Your Account and all the data associated with it, including Your emails from Wavo.

7. All amounts paid are non-refundable and We reserve the right to change Our prices in the future. If We do change prices, We will provide notice of the change on Our Website or in an email to You, at Our option, at least 30 days before the change is to take effect.

8. The only exception is when Wavo cancels Your Account without cause. In such a case, Wavo will refund a prorated portion of Your monthly prepayment. Wavo will not refund the payment if there is a cause for the Account cancellation, such as a violation of these Terms or Our Privacy Policy.

User and Wavo Rights
1. As Wavo, We reserve the proprietary rights including patents, trademarks, Service marks, and copyrights. As the User, You pledge to respect Our proprietary rights whether using the Service, the Website, or the Blog. You may only use Our brand assets with Our consent. We reserve the right to review email campaigns sent from Wavo. We may view the content You enter to Wavo in case We need to solve a technical or functional issue or in case We suspect that You may be violating the Terms of Use.

2. As a User, You represent and warrant that You either own or have permission to use all of the content You include in the messages sent from Wavo. Wavo does not take responsibility for any of the text, data, graphical content, links and other kinds of content stored by Users within their Accounts or sent to their Contacts and Customers. You retain ownership of the materials You upload to Wavo. We may use or disclose Your materials only as We describe so in these Terms and Our Privacy Policy.

Liability
1. Wavo does not guarantee compatibility of offered Services and products with other software. The User will bear responsibility for the choice and consequences following the use of other software, including its applicability to User’s objectives.

2. These Terms of Service are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, cause of dealing or otherwise, all of which are hereby excluded to the fullest point of law.

3. In no event and under no circumstances will Wavo, its directors, members, employees or agents be liable to You for any direct, special, indirect or consequential loss or damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise in any way connected with:

a. the Website, Your use of or inability to use the Website, the performance of the Website;

b. any errors or omissions in the Website’s operation; any action taken in connection with the Subscription, copyright or other intellectual property owners;

c. any damage to any User’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or net failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable, or even if Wavo parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, higher power, telecommunications failure, or theft or destruction of the Service).

Jurisdiction of Law
1. All disputes arising of or in connection with Wavo Services will be primarily resolved by arbitration.
2. If litigation is pursued, the laws of Ontario, Canada will apply and a suitable location within it’s Jurisdiction will be selected.