This agreement is intended to make things more understandable for both users and legal authorities if necessary. Therefore, we will use plain language so that everyone can understand it. We will also use the masculine pronoun when referring to a user, but this includes both men and women.
This Terms of Services Agreement (the "Agreement") is made and entered into by and between Wope, Inc. ("Wope," "we," "us," or "our") and you, the individual or the entity that you represent (“Customer,” “you,” or “your”). This Agreement sets forth the legally binding terms and conditions for your use of the Wope website and services (the "Services"). You agree to be bound by this Agreement when you access or use the Services in any manner, including, but not limited to, visiting or browsing the Wope website or contributing content or other materials. Please note that we reserve the right to change our pricing at any time without prior notice as well as our terms and conditions.
1. The Business Model and Charging Model.
The business model of Wope is based on a monthly subscription for the Services. The charging model for the Services is also based on a monthly subscription. However, if you choose to pay for the Services yearly, you will receive a discount. You will be charged based on the number of keywords you track for each day. The price of the Services varies depending on the volume of keywords tracked. For more information about the prices, please visit the Wope website. Our company accepts credit cards as a means of payment. All transactions are secured by SSL encryption, which ensures the safety of your credit card information.
2. Trial Period and Refund Policy.
The Services are offered on a paid basis, but we do offer a 30-day free trial period for the Services. All reverse engineering or any other approach to discover trade secrets or break our software will be recorded and used for litigation. We offer a 30-day refund policy. By emailing [email protected] after you have paid for the Services, you can change your mind and receive a full refund.
3. Inaccurate Data and Technical Issues.
It is possible for Google to change the algorithms or the way it displays data on Wope, resulting in inaccurate rank tracking data. Wope cannot be held responsible for your actions based on this information. Wope may not respond due to technical difficulties. Wope does not offer any guarantee for the inability to use its software or its commercial results.
4. Changes to the Services.
There is no guarantee that Wope will notify users of every small change it makes at any time.
5. Responsibility and Liability.
Our company is not liable for any user's activity that may result in a penalty from Google. We do not take responsibility for their actions. Wope does not take responsibility for your use of our software. We do not assume any responsibility for the actions you may take based on this, which may result in Google penalties. A user will not be able to receive a refund if we discover they are trying to break our system.
6. Ownership and Intellectual Property.
The Services and all of their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Wope, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7. Privacy & Data Protection.
We may terminate your access to or use of the Services at any time for any reason, including, but not limited to, your violation of this Agreement. Upon any termination of the Services or your access thereto, you must cease all use of the Services and destroy all copies, full or partial, of the Services.
9. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WOPE AND ITS AFFILIATES, SUPPLIERS, AND PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WOPE AND ITS AFFILIATES, SUPPLIERS, AND PARTNERS MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
10. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOPE OR ITS AFFILIATES, SUPPLIERS, OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL WOPE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOPE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WOPE, ITS AFFILIATES, SUPPLIERS, OR PARTNERS, BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WOPE HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify, and hold Wope, its affiliates, suppliers, and partners, and their respective officers, directors, employees, and agents harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement or the documents referenced herein; (b) your access to or use of the Services; (c) your User Content; or (d) your violation of any law or the rights of a third party. You agree to cooperate as fully required by Wope in the defense of any claim. Wope reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any claim without the prior written consent of Wope.
This Agreement constitutes the entire agreement between you and Wope concerning the subject matter hereof, and they may only be modified by a revised Terms of Service posted by Wope on the Wope website. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect. The failure of Wope to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
13. Governing Law and Arbitration.
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
14. Changes to these Terms of Service.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material we will 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 the Services after those 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 access or use the Services.
15. Contact Information.
This Agreement will become effective as of the date of your first use of the Services and remain in effect until terminated by either you or Wope. You may terminate this Agreement at any time by ceasing to use the Services. You may also cease using the Services at any time without cause, and Wope may suspend your access to the Services at any time without notice or liability to you. Your rights to use the Services will cease immediately upon termination of this Agreement. Please contact [email protected] if you wish to terminate your account.
It is intended that all provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities, and liability limitations.
The last update was made on November 1, 2022.