This website is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of this website (the "Agreement"). This Agreement is entered into force as of the earliest of the date when Customer accepts the terms and conditions herein the Customer creates an account, subscribe, activates or uses the website.
If you are accepting this software-as-a-service term of use ("Agreement") on behalf of a company or other legal entity ("Customer"), you represent and warrant that you have full authority to bind the customer to this agreement. Unless the customer has another valid agreement for the purchase and use of Waytobi products, this agreement governs your rights to the Waytobi products. By clicking "I accept" customer accepts this agreement and the agreement will be deemed a binding contract between Waytobi and customer. If customer does not agree to or cannot comply with all of the terms and conditions set forth in this agreement or if you do not have authority to bind the customer, then you do not have our permission to use the Services.
Unless otherwise noted, this website, and all materials on this website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by “Waytobi”.
During the Term and subject to compliance with the terms of this Agreement, Waytobi grants Customer and Customer’s Users (who are bound by obligations and restrictions consistent with this Agreement) a limited, non-exclusive, non-sublicensable, non-transferable license to use the Services and Software (the “License”) via webpage.
To be eligible to use our service, you must register an account on our website; you must be at least 18 years of age. You must register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you. You must notify us in writing immediately if you become aware of any unauthorized use of your account. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this website is inaccurate at any time without prior notice to you.
By accepting this Terms of Use, you expressly grant your consent to receive notices and communication electronically from us unless expressly intimated to us otherwise. You are responsible for printing, storing, and maintaining your own records of such communications. All notices and communications to us should be sent to the designated email address support@waytobi.com provided for herein.
Please review Waytobi’s Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to Waytobi.
Waytobi is pleased to hear from users/customers and welcomes your comments regarding our products or services. You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with Waytobi on this website, by electronically or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively "User Communications").
By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. Waytobi does not endorse or sponsor any such User Communications submitted by you or other users of this website.
Waytobi reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.
Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.
Subject to the terms of this Agreement, Waytobi grants to you during the Subscription Term the non-transferable (except as permitted), non-exclusive right to permit your Authorized Users to access and use the Waytobi Service (and any Waytobi Materials provided to you) to allow you to perform any of related business functions that the Waytobi Service is designed to perform, subject to the following restrictions: (i) your use of the Waytobi Service may be on behalf of third parties (ii) except as expressly permitted herein or in a separate partner agreement between you and Waytobi, you may not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource otherwise commercially exploit or make the Waytobi Service or the Waytobi Materials available to any third party; (iii) You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Waytobi Service or Waytobi Materials (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law), or access or use the Waytobi Service or Waytobi Materials in order to build a similar or competitive product or service.
Customer will: (i) be responsible for compliance with this Agreement by Customer and Customer’s Users, (ii) be responsible for the accuracy, quality and legality of Customer Data and the means by which Customer Data is collected, (iii) use reasonable efforts to prevent unauthorized access to or use of the Services or Software, and notify Waytobi immediately of any such unauthorized access or use, and (iv) use the Services and Software only in accordance with Waytobi`s instructions and all applicable laws and government regulations. Customer will not (a) make the Services or Software available to anyone other than Customer’s Users, (b) sell, resell, rent, lease, license or sublicense the Services or Software, (c) use the Services or Software to store or transmit libelous, infringing or otherwise unlawful or tortuous material, or to store or transmit material in violations of third-party privacy rights, (d) use the Services or Software to store or transmit viruses, worms, time bombs, Trojan horses, or other harmful or malicious code, files, scripts, agents, or programs, (e) interfere with or disrupt the integrity or performance of the Services or Software or third-party data contained therein, (f) attempt to gain unauthorized access to the Services or their related systems or networks or Software, or (g) violate any intellectual property rights of Waytobi, including but not limited to, Waytobi trademarks, copyrights, patents, etc.
Waytobi shall retain all right, title and interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in and to the Waytobi Service and Waytobi materials (including application development, business and technical methodologies, and implementation and business processes, used by Waytobi to develop or provide the Waytobi Service or Waytobi Materials), and any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes relating to any of the foregoing. Except for the limited access and use rights granted pursuant to this agreement, you do not acquire any interest in the Waytobi Service or Waytobi Materials. You agree that any suggestions, enhancement requests, feedback, recommendations or other information provided by you or any of your Authorized Users relating to the Waytobi Service or the Waytobi Materials may be used by Waytobi without restriction or obligation to you.
As between You and Waytobi, your Data and any similar data provided to Waytobi outside of the uploading process (either in hard copy or electronic format) is and shall remain your property. To enable Waytobi to provide You with the Waytobi Service, and subject to the terms and conditions of this Agreement, you hereby grant to Waytobi a non-exclusive right to use, copy, distribute and display your Data solely in connection with Waytobi`s operation of the Waytobi Service on your behalf. You, not Waytobi, shall have sole responsibility for the accuracy, integrity, and reliability of your Data and Waytobi will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data. Waytobi will protect any of your Data provided to Waytobi as confidential.
YOU ARE SOLELY RESPONSIBLE FOR EXPORTING YOUR CONTENT AND APPLICATIONS FROM THE SERVICES PRIOR TO CLOSING YOUR ACCOUNT. IF WE CANCEL YOUR ACCOUNT, WE WILL PROVIDE YOU A REASONABLE OPPORTUNITY TO RETRIEVE YOUR CONTENT AND APPLICATIONS.
Whilst Waytobi intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.
If for any reason “Waytobi” has to interrupt the Service for longer periods than “Waytobi” would normally expect, we will use reasonable endeavors to publish in advance details of such activity.
Your account
To use Waytobi – as a paid subscriber or as part of an unpaid trial run — you will need to create an account and provide certain registration information. As per our Terms and Conditions, you acknowledge that you are responsible for keeping your account and password secure, with carefully restricted access. You agree to accept responsibility for all purchases and other activities that occur under your account. Waytobi reserves the right to deny or cancel orders, and Waytobi may, in its sole discretion, terminate or suspend accounts. In the event that Waytobi terminates your account due to a actual or suspected violation of the Terms and Conditions or Payment Terms, products and services purchased in according with these payment terms or Terms and Conditions may be forfeited without any refund.
Payment methods
Waytobi accepts various forms of payment, as set forth on the Waytobi Site from time to time. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to Waytobi or submitting an order for other paid services offered through the Services, you authorize Waytobi, or its designated payment processor, to charge the account you specify for the purchase amount. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. All payments are to be made in the currency designated by us.
Billing
We use a third-party payment processor (the “Payment Processor”) to bill the payment method you provide (your “Billing Account”) for use of the Paid Services . The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Free trial and cancellation of accounts
Waytobi will provide you with the option to enroll in a free trial offer of our Services. The free trial offer is governed by the Payment Terms, the Terms and Conditions, and the terms presented to you when you sign up for the offer and the free trial will only last for 14 days for new members. The free trial offer may convert to a paid subscription if you will choose the upgrade to a paid account. In those circumstances, free trial period ends and you must provide an applicable billing payment method to register for the paid subscription service provided on or through the Services which would be the first day of accounting period. After free trial ends and no upgrade to paid account done, all information and data to be deleted permanently.
You agree that Waytobi may obtain a pre-authorization for the full subscription price that you will be automatically charged if you complete the free trial and continue with the paid subscription service.
You authorize Waytobi to continue your subscription until cancelled and, on a recurring monthly, annually or biannually basis, to charge the payment method you provided previously.
You agree that Waytobi may delete the account and terminate all data and information if user nonpayment or default period would be more that one month.
You can cancel your paid subscription by contacting support@waytobi.com or directly through the billing desk inside the application not later than 10 days before end of subscription period.
No reimbursements for unused days while monthly subscription plan, either upgrades/downgrades to be provided.
Waytobi at their own discretion may provide a refund for annual and biannual subscribers who cancelled their subscription within 30 days before the renewal fee withdrawn, considering that the application has not been used within this period. In this situation Waytobi will charge a 10% administration fee to cover the cost of any fees incurred from third parties in providing the refund.
It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and you agree that Waytobi will not be responsible for any results, such as an overdraft fee, that may occur to your account with a financial institution as a result of such authorizations.
By upgrading to a Waytobi Paid Subscription and providing Waytobi with your payment account information, you hereby agree to these payment terms and conditions.
THE PARTIES ACKNOWLEDGE THAT THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH HEREIN. WAYTOBI AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES RELATING TO THE SERVICES OR SOFTWARE OR OTHER SUBJECT MATTER OF THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WAYTOBI NOR ITS AFFILIATES MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE, OR THAT THE SERVICES OR SOFTWARE WILL BE ERROR-FREE OR AVAILABLE AT ANY GIVEN TIME.
NEITHER WAYTOBI NOR ITS AFFILIATES SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, INCLUDING WITHOUT LIMITATIONS CUSTOMER DATA, (B) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, RIGHTS, OR TECHNOLOGY, (C) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, (D) FOR AMOUNTS THAT, IN THE AGGREGATE, EXCEED THE FEES PAID TO WAYTOBI HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR $100, WHICHEVER IS GREATER, OR (E) FOR ANY MATTER BEYOND WAYTOBI`s REASONABLE CONTROL.
Customer agrees to indemnify and hold harmless Waytobi, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that Customer has used the Services or Software in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement or any Order Form, or any other claim related to Customer’s use of the Services or Software. In cases where Customer uses the Services or Software to access a Third-Party Website or Third-Party Application, Customer is solely responsible for reviewing and abiding by such Third-Party Website or Third-Party Application’s terms and conditions, and Waytobi is not responsible for Customer’s violation thereof, even if the Third-Party Website or Third-Party Application is accessed using the Services or Software, and Customer agrees to indemnify Waytobi for any such violation.
NO ENDORSEMENT OF OR PARTICIPATION BY ANY THIRD PARTY SHOULD BE INFERRED DUE TO ANY REFERENCE TO THAT THIRD PARTY OR INCLUSION OF DATA RELATING TO THAT THIRD PARTY IN CONNECTION WITH THE SERVICES. The Services may allow Customer to interface with a variety of Third-Party Applications obtained separately by Customer. Waytobi is not responsible for the operation or functionality of such Third Party Applications. While Waytobi may, in its sole discretion, customize the Services to interoperate with various Third Party Applications, (i) Waytobi cannot and does not guarantee that the Services shall interoperate (or continue to interoperate) with any particular Third Party Application, and (ii) Waytobi`s support obligations set forth in this Agreement shall not extend to any Third Party Application.
You may terminate this Agreement at any time by canceling your account. You will delete any Applications and customer data from the Services prior to closing your account. You will not receive any refunds if you terminate this Agreement.
Customer agrees that we may suspend or terminate access to the Services or Software without notice if: (a) Waytobi determines that Customer or any Customer’s User has violated this Agreement or (b) Waytobi is required to do so by any court or government authority in any country. Waytobi may, upon such termination, deactivate or delete Customer’s account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing Customer Data and/or discontinuing Customer’s or Customer’s Users’ use of the Services or Software without refund or compensation. Customer agrees that Waytobi has no obligation to monitor Customer’s or Customer’s Users’ use of the Services or Software but has the right to do so to ensure compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.
In the interest of resolving disputes between you and “Waytobi” in the most expedient and cost effective manner, you and “Waytobi” agree that every dispute arising in connection with this Agreement will be resolved by mutual agreement only. You understand and agree that, by entering into this agreement, you and “Waytobi” are each waiving the right to trial by jury, arbitration or to participate in a class action.
Force Majeure
Neither Party shall be liable to the other for any delay nor failure to perform any of the Services set forth in this Agreement or any of its attachments, schedules or exhibits due to causes beyond its reasonable control. Performance times shall be considered extended for a period of time equivalent to the time lost because of such delay.
Severability
If any of the provisions of this Agreement is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way.
Entire Agreement; Amendment
No representations or statements of any kind made by either Party that are not expressly stated herein or in any written amendment hereto shall be binding on such Party. The Parties agree this Agreement, its Exhibits, and Schedules thereto, shall constitute the complete and exclusive statement of the agreement between them, and supersede all prior or contemporaneous proposals, oral or written, and all other communications between them relating to the subject matter hereof. The parties may amend the Schedules to this Agreement by mutual written amendment. Any such amendment shall not impair the terms and conditions of this Agreement, which shall remain in full force and effect. Any amendments to the Schedules shall not in any way diminish any rights of the parties in connection with this Agreement, except to the extent expressly stated in any such amendments. Any amendment to the Agreement shall be signed or initialed by the authorized representatives of the Parties and shall reference, or be attached to, this Agreement.
No Third-Party Beneficiaries
Nothing in this Agreement is intended to, or shall, create any third-party beneficiaries, whether intended or incidental, and neither Party shall make any representations to the contrary.
No Implied Waiver
No term, provision or clause of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and executed by a duly authorized representative of each Party. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach.
Non-Agency.
Nothing in this Agreement shall be construed to make the Parties partners, joint ventures, representatives or agents of each other, nor shall either Party so represent to any third person. The Parties hereunder are acting in performance of this Agreement as independent contractors engaged in the operation of their own respective businesses. A Party’s employees, agents or representatives are not employees or agents of the other Party and are not entitled to any of the other Party’s benefits. Neither Party shall be responsible for payment of the other Party’s workers’ compensation, disability benefits or unemployment insurance, nor shall it be responsible for withholding or paying employment related taxes for the other Party or its employees.
Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute a single agreement.
This Site may contain links to other websites. Waytobi assumes no responsibility for the content or functionality of any non-Waytobi website to which we provide a link.
During the Subscription Term, You will be entitled at no extra charge to access online user guides, knowledge bases and self-help tools, and any additional standard technical support resources (collectively, "Technical Support") for the Waytobi Service offered by Waytobi from time to time, the terms of conditions of which may be described and updated from time to time on the support or customer care sections of the relevant Waytobi website. Waytobi reserves the right to modify the posted terms and conditions for Technical Support, at any time at its sole discretion. For any Technical Support or assistance e-mail us at support@waytobi.com.
You agree that Waytobi may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
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